[HISTORY: Adopted by the City Council of
the City of Butler 5-12-1987 by Ord. No. 1289. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 245.
This chapter shall be known and may be cited
as "City of Butler Abandoned and Junked Motor Vehicle Ordinance".
The following words and phrases, when used in
this chapter, shall have the meanings ascribed to them in this section,
except in those instances where the context clearly indicates a different
meaning:
A period of 24 hours measured from midnight to midnight of
any calendar day.
Any motor vehicle outside of a fully enclosed building not
in full and complete working order or without current registration
plates or current inspection certificate.
Any self-propelled land vehicle which can be used for towing
or transporting people or materials, including but not limited to
automobiles, trucks, buses, motor homes, motorized campers, motorcycles,
motor scooters, tractors, snowmobiles, dune buggies and other off-the-road
vehicles.
Any part or parts of any motor vehicle.
Every natural person, association or corporation. Whenever
used in any clause prescribing or imposing a fine or penalty of imprisonment
in default thereof, the term as applied to associations shall mean
any member thereof and as applied to corporations shall mean the President
or Secretary thereof.
Any real property not owned by the federal government, state,
county, City or school districts.
The physical relocation of a motor vehicle to an authorized
location.
[Amended 12-13-1991 by Ord. No. 1361]
A.Â
It shall be unlawful for any person owning or having
custody of any junked motor vehicle or motor vehicle accessories to
store or permit any such vehicle or accessories or allow such vehicle
or accessories to remain on any private property within the City where
its presence constitutes a hazard. It is further unlawful for any
person owning any private property in the City to store or permit
to remain any such vehicles or accessories on his property. Such storage
is declared to be a nuisance and may be abated or removed and penalties
imposed as provided in this chapter.
B.Â
Upon discovery of any junked motor vehicles or motor
vehicle accessories, the City of Butler shall provide notice to the
person owning or having custody of said junked motor vehicle or motor
vehicle accessories to remove the same. At least 10 days' notice to
remove the junked motor vehicle or motor vehicle accessories shall
be provided. Should the number of junked motor vehicles or motor vehicle
accessories make compliance within 10 days impossible, the notice
period may be extended to 30 days.
C.Â
It shall be unlawful for any person, after notification
has been given, to remove any junked motor vehicles or motor vehicle
accessories from any private property and to move the same to any
other private property upon which said storage is not permitted or
onto any public highway or other public property for purposes of storage.
This chapter shall not apply to any motor vehicle
or motor vehicle accessories stored within an enclosed building or
on the premises of a business enterprise operated in a lawful place
and manner when necessary to the operation of such business enterprise,
in a storage place or depository maintained in a lawful place and
manner or seasonal use vehicles; such as, snowmobiles, motorcycles,
motor scooters and nonmotorized campers. As to junked motor vehicles,
such business enterprises shall include auto junkyards, but not auto
repair shops. As to motor vehicle accessories, such business enterprises
shall include automobile junkyards, auto repair and auto body shops,
but shall not include automobile service stations or tire, battery
and accessory sale stores.
The Bureau of Police of the City of Butler,
Pennsylvania, on routine inspection or upon receipt of a complaint,
may investigate a suspended junked motor vehicle or motor vehicle
accessories and record the make, model, style and identification numbers
in each situation.
Whenever the Bureau of Police finds or is notified
that any junked motor vehicle or motor vehicle accessories have been
stored or permitted to remain on any private property within the City,
the Bureau of Police shall send, by certified mail, a notice to the
owner of record of such motor vehicle or accessories, if such owner
can be ascertained by the exercise of reasonable diligence and also
to the owner of the private property, as shown on the tax assessment
records of the City on which the same is located, to remove the junked
motor vehicle or motor vehicle accessories within 10 days. Such notice
shall contain the following additional information:
A.Â
Nature of complaint.
B.Â
Description and location of the motor vehicle and/or
motor vehicle accessories.
C.Â
Statement that the motor vehicle and/or motor vehicle
accessories will be removed from the premises no later than 10 days
from the date of notification.
D.Â
Statement that removal from the location specified
in the notification to another location upon which said storage is
not permitted is prohibited and shall subject the person to additional
penalties.
E.Â
Statement that, if removal is made within the time
limit specified, notification shall be given, in writing, to the Bureau
of Police.
F.Â
Statement of the penalties provided for noncompliance
with such notice.
[Amended 2-20-1997 by Ord. No. 1430; 4-25-2013 by Ord. No. 1673]
A.Â
The Police
Department, having the responsibility and authority to enforce the
provisions of this chapter, shall issue a written warning notice of
the violation. A penalty of $25 is hereby imposed by the City commensurate
with the issuance of the written warning notice of the chapter violation.
Any person issued a written warning notice of this chapter violation
shall have the period of time set forth in the written warning notice
within which to correct the violation and a period of 10 days within
which to pay a penalty of $25 to the City. In the event the violation
is not corrected within the period of time set forth in the written
warning notice or the penalty is not paid within 10 days, the City
may commence formal proceedings against such offender for the violation.
B.Â
Any person
violating the provisions of this chapter shall, upon conviction thereof
before a District Justice, be subject to a fine of up to $300 and
costs of prosecution and, in default of payment of such fine and costs,
shall be subject to imprisonment in the county jail for up to 90 days.
C.Â
All prosecutions
shall be brought in the name of the City of Butler before any District
Justice and shall be commenced by information and warrant and shall
be directed to and be served by a constable. Warrants shall be returnable
forthwith and upon such return, like proceedings shall be had, as
in the case of summary conviction.
