[Ord. No. 959, 10/5/2020]
1. As used in this Part, the following terms shall have the meanings
indicated:
ABANDONED VEHICLE
A vehicle, other than a pedalcycle, shall be presumed to
be abandoned under one or more of the following circumstances, but
the presumption is rebuttable by 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
property for 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
the following:
(1)
A valid registration plate.
(2)
A valid certificate of inspection.
(3)
An ascertainable vehicle identification number.
D.
The vehicle has remained on private property without consent
of the owner or person in control of the property for more than 48
hours.
ENCLOSED BUILDING
A permanent structure with four walls and a roof that is
designed to permit vehicles to access the interior by means of a vehicle
access door, such as warehouses, self-storage facilities and similar
structures.
ENCLOSED GARAGE
A permanent structure designed for the storage of vehicles
that has four walls and a roof with a vehicle access door with or
without windows or other doors. Carports, tents, canopies, vehicle
covers, tarpaulins and any other type of temporary structures are
not considered an enclosed garage.
IMPROVED PARKING SURFACE
An improved section of land that is constructed of concrete,
asphalt, brick or compacted gravel and is free of vegetation of any
kind. Used only for the parking or storage of vehicles and trailers
that is accessed only from another improved surface or street.
[Added by Ord. No. 965, 4/5/2021]
JUNKED VEHICLE
Any vehicle which is no longer in actual use as a vehicle
or is wholly unfit to be operated or has been discarded for use or
has been partially or wholly dismantled or otherwise abandoned.
MOTOR VEHICLE
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways,
and including trailers or semitrailers pulled thereby.
TRAILER
A vehicle designed to be towed by a motor vehicle.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
[Ord. No. 959, 10/5/2020]
It shall be unlawful for any person to cause a vehicle to be
abandoned upon any public or private lands within in the Township
of Elizabeth or upon any public street, except that nothing herein
contained shall be deemed to prohibit any person from parking or repairing
a vehicle upon private or public property where authorized under the
laws of the Commonwealth of Pennsylvania or the laws of the Township
of Elizabeth, and nothing shall be deemed to prohibit the placing,
keeping or storing of any vehicle within a completely enclosed garage
or other enclosed building.
[Ord. No. 959, 10/5/2020]
It shall be unlawful for any person to place or keep any junked
vehicle on any public or private lands within the Township of Elizabeth
or upon any public street, except that nothing herein contained shall
be deemed to prohibit any person from parking or storing of a junked
vehicle within a completely enclosed garage or other enclosed building
or within the storage yard of a licensed junkyard or salvage yard.
[Ord. No. 959, 10/5/2020]
1. No person shall repair a motor vehicle upon a public street, except
in cases of emergency, where such repair:
A. Disrupts the normal flow of traffic.
B. Causes damage to the public street.
C. Results in gas, oil or fluid spillage upon the public street, creating
an unsafe condition.
D. Creates any otherwise unsafe condition.
2. No person shall leave a motor vehicle on a jack, jack stand, floor
jack, blocks or other device or means that elevates the vehicle off
of the ground.
[Ord. No. 959, 10/5/2020]
All abandoned or junked vehicles shall be removed by the owner
or operator thereof or by the owner or occupant of the private property
on which the said vehicle is abandoned or junked. Upon the failure
of the owner or operator of any abandoned or junked vehicle or the
owner or occupant of the private property to remove the same within
48 hours after receiving a notice from an Elizabeth Township Code
Enforcement Officer or an Elizabeth Township Police Officer, such
notice being given by posting on the abandoned or junk vehicle a forty-eight-hour
towing notice, Elizabeth Township may remove the same or cause the
same to be removed.
[Ord. No. 959, 10/5/2020]
If the owner of a vehicle fails to remove the abandoned or junked
vehicle as set forth in § 305, the said vehicle owner shall
be subject to the penalties provided in this Part. If the owner or
occupant of such private property fails to remove the abandoned or
junked vehicle, the said owner or occupant shall also be subject to
the penalties provided in this Part.
[Ord. No. 959, 10/5/2020]
1. Any person, owner or lessee who has one or more vehicles as defined
in §§ 302 and 303 above may store such vehicle(s) in
the Township only in strict compliance with the regulations provided
herein. Such person, owner or lessee must first apply for a permit
for the temporary outdoor storage of the vehicle and pay a fee to
the Township such as may be set from time to time by resolution of
the Board of Commissioners. Vehicles that have been issued a restoration
permit may be stored outside under the following conditions:
[Amended by Ord. No. 965, 4/5/2021]
A. The vehicle must have a valid restoration permit for the vehicle
being restored.
B. The vehicle must be covered by a cover designed to fit that type
of vehicle and be in good repair and kept clean. Carports, tents,
canopies, tarpaulins and any other type of temporary structures are
not considered vehicle covers.
C. A vehicle being restored shall only be permitted to be stored or
parked upon an existing improved parking surface.
D. The vehicle shall be kept free of vermin infestation while being
stored.
E. Storage of parts on or around the vehicle shall be prohibited.
F. The vehicle is not a health hazard, potential health hazard or nuisance
in the opinion of the inspecting official.
2. Nothing herein shall be construed to permit the storage of vehicles
contrary to the provisions of the Township Zoning Ordinance.
[Ord. No. 959, 10/5/2020]
1. Upon filing an application for the restoration of a vehicle, an Elizabeth
Township Code Enforcement Officer shall inspect the site where the
vehicle is to be stored to confirm that storage of the vehicle shall
comply with all of the provisions required before the issuance of
a permit. After approval of the application and payment of the required
fee, a permit shall be issued for a period of 12 months. Each permit
may be renewed once for an additional 12 months only with application
and payment of the required fees.
2. A permit may be revoked by the Township if the permitted vehicle
is being stored contrary to any of the provisions of this Part. Upon
notice from the Township of the revocation of a restoration permit,
the permittee shall have five days to bring the vehicle into compliance
or remove said vehicle or it shall be considered a violation of this
Part.
3. No more than two restoration permits shall be permitted at a single
location.
4. Restoration permits are not transferrable from vehicle to vehicle,
person to person or from one location to another location.
[Added by Ord. No. 965, 4/5/2021]
Storage of vehicles such as trailers, campers, and motorhomes
shall only be permitted upon an improved parking surface located on
the property of the owners. Trailers, campers and motorhomes shall
not be stored or parked upon any street within Elizabeth Township.
All trailers, campers and motorhomes shall at all times have a valid
registration plate affixed to the vehicle, current state inspection
if required and shall be roadworthy at all times. Trailers, campers
and motorhomes shall not be parked or stored in any location that
blocks sight of an intersection or driveway or is a hazard or nuisance
to the movement of traffic as determined by an inspecting Township
official.
[Ord. No. 959, 10/5/2020; as amended by Ord. No. 965, 4/5/2021]
Any person in violation of this Part shall be cited by an authorized
Township official and, upon conviction by a Magisterial District Judge,
be sentenced to pay a fine not in excess of $500. Each day that a
violation continues shall constitute an additional violation.