[HISTORY: Adopted by the Board of Supervisors of the Township
of Perkiomen 2-3-2015 by Ord. No.
223.[1]]
[1]
Editor's Note: This ordinance also repealed former Ch.
287, Vehicles, Abandoned, adopted 11-4-1996 by Ord. No. 159, as amended.
The Board of Supervisors of Perkiomen Township has determined
that hazardous and unsafe conditions within the Township exist when
large vehicles are parked on streets in the Township; vehicles are
abandoned on public or private property; and sports equipment is left
unattended in or on streets or rights-of-way in the Township. These
hazardous and unsafe conditions are detrimental to the public health,
safety, and welfare of the residents of Perkiomen Township and others,
impede emergency vehicles (including fire trucks, ambulances, etc.),
interfere with snow removal, and otherwise disrupt the peaceful and
quiet enjoyment of the residents of Perkiomen Township in their homes
and neighborhoods. The Board of Supervisors has determined that the
adoption of this chapter is necessary to remediate the foregoing.
The following words and phrases used in this chapter shall have
the meanings given to them in this section, unless the context of
the Ordinance clearly indicates otherwise, and the singular shall
include the plural, and the plural shall include the singular.
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:
The vehicle is physically inoperable and is left unattended
on a street or other public property for more than 48 hours.
The vehicle has remained illegally on a street or other public
property for a period of more than 48 hours.
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.
For purposes of this chapter, vehicles and equipment used or
to be used in construction or in the operation or maintenance of street
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.
The following, as defined by 75 Pa. C.S.A. § 102,
as amended from time to time: articulated bus, combination, construction
truck, driveaway-towaway operation, farm equipment, full trailer,
house trailer, limousine (capable of carrying 10 or more passengers),
maxi-cube vehicle, mobile home, motor home, recreational trailer,
semitrailer, stinger-steered automobile or boat transporter, tow dolly,
trailer, truck-camper, and truck tractor.
Boats, snowmobiles, all-terrain vehicles, and similar off-road
vehicles and water vessels, pickup campers, boat trailers, tent trailers,
self-storage containers, intermodal containers, dumpsters, portable
storage containers, cases or boxes used for transporting recreational
equipment, tools, or home furnishings (whether containing those items
or not), and other similar or like vehicles, devices, or property.
The halting of a vehicle, whether occupied or not, except
temporarily for the purpose of, and while actually engaged in, loading
or unloading property or passengers.
A person engaged in the business of acquiring abandoned vehicles
for the purpose of taking apart, junking, selling, rebuilding, or
exchanging the vehicles or parts thereof and who has a certificate
of authorization as a salvor required by Chapter 73 of Title 75 of
the Pennsylvania Consolidated Statutes.
Any street, road, highway, lane, court, cul-de-sac, alley,
path, public way, right-of-way, or public property within Perkiomen
Township.
Portable basketball poles, portable soccer goals/nets, portable
street hockey goals/nets, skateboard ramps, roller blade ramps, and
similar sports equipment not actually then being used for the particular
purpose for which it was designed and manufactured.
No person shall park, cause to be parked, or permit to be parked
any large vehicle on any street within the limits of Perkiomen Township.
For purposes of this chapter, the definition of "large vehicle" shall
not include any emergency vehicle as defined by 75 Pa. C.S.A. § 102.
No person shall abandon a vehicle on any street or private property
without the express or implied consent of the owner or person in lawful
possession or control of the property. Upon written request of the
Township Code Enforcement Officer, a salvor is hereby authorized to
take possession of, and remove to the storage facility of the salvor,
any abandoned vehicle located within 30 miles of the place of business
of the salvor for storage and disposition in accordance with the procedures
required by Chapter 73 of Title 75 of the Pennsylvania Consolidated
Statutes.
[Amended 11-3-2015 by Ord. No. 225]
A.
Beginning November 1 each year, and continuing until March 31 of
the following year, no unattended sports equipment shall be left in
or on any street or right-of-way within the limits of Perkiomen Township.
From April 1 to October 31 each year, upon written, oral, or electronic
request by the Code Enforcement Officer of Perkiomen Township, or
his designee, all unattended sports equipment shall be removed immediately
by, and at the expense of, the owner. Instances when the Township
might make such a request include, but are not limited to, the start
of a road project, street sweeping, utility work, tree trimming, street
sign placement, and other similar activity.
B.
An owner's failure to comply with the provisions of this section
shall constitute authorization for the Township to remove the unattended
sports equipment without further notice, and, without responsibility
or liability for any damage caused thereto. The Township's right
to remove any such unattended sports equipment shall be in addition
to any other rights and/or enforcement remedies available to the Township
elsewhere in this section or otherwise available by law.
C.
When any person allows the installation or erection of any type of
sports equipment in or on any street or right-of-way in Perkiomen
Township, and whenever any person allows another, including a child,
to use or play with such equipment in the street or right-of-way in
Perkiomen Township, he/she assumes the risk of any and all damage
or injury caused or resulting therefrom. Further, no provision of
this section shall create liability on the part of Perkiomen Township,
nor any officer, Supervisor, or employee thereof, for any damage or
injury resulting from the installation, erection, or use of any sports
equipment in or on any street or right-of-way in Perkiomen Township.
Any person violating the provisions of this chapter is guilty
of a summary offense and shall, upon conviction, be sentenced to pay
a fine as set forth in 75 Pa.C.S.A. § 7312, together with
all costs of disposing of the vehicle under provisions of the Vehicle
Code, 75 Pa. C.S.A. § 7301 et seq.
