The following definitions shall apply in the interpretation
and enforcement of this chapter:
ABANDONED VEHICLE
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.
(4)
The vehicle is left unattended on or along a highway or other
public property for more than 48 hours and does not bear all of the
following:
(a)
A valid registration plate.
(b)
A certificate of inspection.
(c)
An ascertainable vehicle identification number.
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.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
POLICE
The Upper Moreland Police Department.
VEHICLE
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.
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.