[HISTORY: Adopted by the Board of Commissioners of Upper Moreland Township 11-10-2008 by Ord. No. 1569 (Title 7, Ch. 11, of the 1977 Code). Amendments noted where applicable.]
The following definitions shall apply in the interpretation and enforcement of this chapter:
- A. A vehicle (other than a pedalcycle) shall be presumed to be abandoned under any of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence:
- (1) The vehicle is physically inoperable and is left unattended on a highway or other public property for more than 48 hours.
- (2) The vehicle has remained illegally on a highway or other public property for a period of more than 48 hours.
- (3) The vehicle has remained on private property without the consent of the owner or person in control of the property.
- B. Vehicles and equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be abandoned.
- NONOPERATING VEHICLE or INOPERABLE VEHICLE
- A vehicle that does not have a current registration plate or a current valid inspection sticker; that has been abandoned, junked or discarded; that has been wrecked, dismantled or partially dismantled, rendering it incapable of operation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- The Upper Moreland Police Department.
- Any device, in, upon, or by which any person or property is or may be transported or drawn by means of wheels upon the ground, street or highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
It shall be unlawful for any person or persons, corporations, partnerships or other entity to abandon a vehicle on or along any highway or on any private property except a junkyard or scrap yard. Such abandoned motor vehicles are hereby declared to be public nuisances to be abated as directed by this chapter.
The enforcement of the provisions of this chapter shall be under the direction and supervision of the police. Upon the finding of any nonoperating vehicle believed to be abandoned, the police shall notify the registered owner to remove it within a reasonable time, but not to exceed seven days from the issuance of the notice. However, if such vehicle is abandoned on public property or on any public highway, such vehicle may be removed and impounded prior to any notice.
Should any owner, lessee, operator or occupant fail to remove any nonoperating vehicle as provided in this chapter, the police shall have the authority to remove or direct removal of the nonoperating vehicle. The nonoperating vehicle shall be impounded until lawfully claimed or disposed of in accordance with Section 3352, as amended, of the Pennsylvania Vehicle Code.
Editor's Note: See 75 Pa.C.S.A. § 3352.
Within 12 hours after the time of removal of an abandoned vehicle, a notice of impoundment shall be sent by the police to the owner of record. The notice will designate the place from which the vehicle was removed, the reason for its removal and impoundment, and the place in which it has been impounded.
Any owner, lessee, operator or occupant who fails to remove any nonoperating vehicle or abandons a vehicle shall be in violation of this chapter and shall, upon summary conviction before a magisterial district judge, be sentenced to pay a fine and costs of not less than $100 nor more than $1,000 for each offense. A new and separate offense shall be deemed to have been committed for each day that a violation exists. In default of the payment of a fine, the person so offending may be committed to jail for a period not exceeding five days. In addition, any owner, lessee, operator or occupant shall be liable for the cost of removal of such vehicle.