As used in this article, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
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:
A. 
The vehicle is physically inoperable and is left unattended on a highway or other public or private property for more than 48 hours;
B. 
The vehicle has remained illegally on a highway or other public or private property for a period of more than 48 hours;
C. 
The vehicle is left unattended on or along a highway or other public or private property for more than 48 hours and does not bear all of the following:
(1) 
A valid registration plate.
(2) 
A certificate of inspection.
(3) 
An ascertainable vehicle identification number; and/or
D. 
The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 48 hours.
JUNKED VEHICLE
A motor vehicle or trailer which is partially dismantled, unused, unusable or wrecked and which cannot safely or legally be operated on the streets or highways of this Borough or commonwealth. Currently licensed, registered and inspected vehicles shall not be included within this definition.
MOTOR VEHICLE
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.
MOTOR VEHICLE ACCESSORIES
Any part or parts of any motor vehicle.
PERSON
Includes any natural person, firm, partnership, association, corporation or other legal entity of whatever kind.
PRIVATE PROPERTY
Any real property not owned by the federal government, state, county, school district or other political subdivisions.
PUBLIC NUISANCE
The unsheltered storage of a junked motor vehicle as otherwise defined in this chapter which constitutes a hazard or threat or potential threat to the health, safety or welfare of the Borough's citizens.
REMOVAL
The physical location or relocation of a motor vehicle to an authorized location.
TRAILER
Any wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, boat or other object.
UNSHELTERED STORAGE
Any storage except storage inside a building or in an area completely surrounded by a solid fence of a height not less than the height of the motor vehicle or trailer being sheltered.
A. 
It shall be unlawful for any person owning or having custody of any abandoned vehicle, junked motor vehicle or motor vehicle accessories which create a hazard or threat or potential threat to the health, safety or welfare of the Borough's citizens to store or permit any such vehicle or accessories to remain in unsheltered storage on any private property or public street or highway within the Borough following expiration of the period specified in the notice, and it shall be further unlawful for any person owning any private property in the Borough or leasing any such property to store or to permit to remain any such vehicles or accessories on his property for more than a like period.
B. 
It shall further be unlawful for any person, after notification has been given to remove any abandoned vehicle, junked motor vehicle or motor vehicle accessories which constitute a public nuisance, to move the same or any other abandoned vehicle, junked motor vehicle or motor vehicle accessories to any other private property within the Borough upon which such storage is not permitted or onto any public highway or other public property within the Borough for purposes of storage or disposal.
C. 
Exemptions.
(1) 
The prohibitions of Subsection A hereof shall not apply to the premises of a business enterprise otherwise 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 vehicles or trailers. Such business enterprises shall include auto repair and auto body shops but shall not include tire, battery and accessory sales stores, and the provisions hereof extending to permitted storage shall not extend to the storage at such business enterprises of more than five junked vehicles and/or trailers at any one time.
(2) 
The prohibition of Subsection A hereof shall likewise not be applicable to salvors holding a current certificate of authorization issued by the Department of Transportation of the Commonwealth of Pennsylvania; provided, however, that such salvor is otherwise operating in a lawful place and manner.
A. 
Enforcement of this chapter will be by officers of the Mahanoy City Police Department and the appointed Code Enforcement Officer of the Borough of Mahanoy City. All towing and disposition of vehicles, junked vehicles and/or motor vehicle accessories will be by a PennDot-approved salvor according to the provisions of Chapter 73 of the Pennsylvania Vehicle Code.[1]
[1]
Editor's Note: See 75 Pa.C.S.A § 7301 et seq.
B. 
Abandoned vehicles on public streets and parking lots open to the public.
(1) 
For vehicles deemed hazardous due to leaking fluids, jagged exposed metal edges or other such hazardous conditions that may present a danger to the public, the Police Department may order the immediate removal of said vehicles under the existing towing policy.
(2) 
For vehicles with registration and/or inspection expired less than 30 days or physically inoperable and left unattended on a highway or other public property for more than 48 hours, the Police Department will send, via regular mail, notice to the registered owner to remove said vehicle within five days. If the vehicle is not removed within five days, the Police Department will sticker the vehicle as abandoned. If the owner of the vehicle has taken no action within five days after placement of the sticker, the police will complete the necessary PennDot forms and authorize the closest PennDot-authorized salvor to remove the vehicle.
(3) 
For vehicles with registration and/or inspection expired more than 30 days, the Police Department will sticker the vehicle as abandoned and send, via regular mail, notice to the registered owner to remove said vehicle within five days. If the vehicle is not removed within five days, the Police Department will complete the necessary PennDot forms and authorize the closest PennDot-authorized salvor to remove the vehicle.
C. 
Junked vehicles and motor vehicle accessories. For junked vehicles and/or motor vehicle accessories on private property, the Police Department will send, via certified mail, notice to the property owner to remove said junked vehicle and/or motor vehicle accessories within 15 days. If the junked vehicles and/or motor vehicle accessories are not removed within 15 days from receipt of certified mail, the Police Department and/or Code Enforcement Officer will coordinate removal of junked vehicles and/or motor vehicle accessories as allowed by law.
A. 
The penalty for violating the provisions of § 179-29A is $50 and cost of prosecution.
B. 
The penalty for violating the provisions of § 179-29B is a fine of no less than $200 nor more than $500 and cost of prosecution.
C. 
Fines levied shall be in addition to the charges for towing and storage of said vehicle as set forth in § 179-30.