[HISTORY: Adopted by the Borough Council of the Borough of New Eagle 10-4-2016. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein, unless a different meaning appears from the context. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- ABANDONED VEHICLE
- A motor vehicle or parts thereof which has been voluntarily relinquished by its owner with an intention of terminating his ownership, possession and control without vesting ownership in any other person.
- A vehicle for traveling through the air.
- The Borough of New Eagle.
- JUNKED VEHICLE
- Any vehicle, as defined in this section, which does not have lawfully affixed thereto an unexpired license plate, if the vehicle is required to be licensed in the Commonwealth of Pennsylvania or any other state, or a current motor vehicle safety inspection certificate, if required by the Commonwealth of Pennsylvania or any other state in which the vehicle is registered for operation of the vehicle on public highways, or if the condition of the vehicle is wrecked, dismantled, inoperative, abandoned or discarded.
- Any person, firm, partnership, association, corporation, company, organization or other legal entity.
- PRIVATE PROPERTY
- Any real property located within the Borough which is owned by a person and which is not public property, as defined in this section.
- PROPERLY LICENSED VEHICLE
- Any motor vehicle bearing a current official state inspection emblem and a current Commonwealth of Pennsylvania registration credential.
- PUBLIC PROPERTY
- Any street or highway, which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel and shall also mean any other publicly owned property or facility.
- Any vehicle, machine, lawn mower, equipment, aircraft or watercraft which is powered or self-propelled and also any trailer or semitrailer designed for use with such vehicle. The term shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers or trailers, including boat trailers, or other such vehicles designed or modified to be towed or otherwise propelled by a motorized vehicle.
- A craft for water transport.
- WRECKED AND DISMANTLED
- A motor vehicle which is unable to move under its own power and containing any one of the following defects:
- A. Broken windshields, mirrors or other glass, with sharp edges.
- B. One or more flat or open tires or tubes which could permit vermin harborage.
- C. Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.
- D. Any body parts with sharp edges, including holes resulting from rust.
- E. Missing tires resulting in unsafe suspension of the motor vehicle.
- F. Upholstery which is torn or open, which could permit animal and/or vermin harborage.
- G. Broken headlamps or taillamps with sharp edges.
- H. Disassembled chassis parts apart from the motor vehicle, stored in a disorderly fashion or loose in or on the vehicle.
- I. Protruding sharp objects from the chassis.
- J. Broken vehicle frame suspended from the ground in an unstable manner.
- K. Leaking or damaged oil pan or gas tank which could cause fire or explosion.
- L. Exposed battery containing acid.
- M. Inoperable locking mechanism for doors or trunk.
- N. Open or damaged floorboards, including trunk and fire wall.
- O. Damaged bumpers pulled away from the perimeter of vehicle.
- P. Broken grill with protruding edges.
- Q. Loose or damaged metal trim and clips.
- R. Broken communication equipment antennas.
- S. Suspended on unstable supports.
- T. Such other defects which could threaten the health, safety and welfare of the citizens of the Borough of New Eagle.
No person shall park, store, leave or permit the parking, storing or leaving of any junked vehicle, whether attended or not, upon any public or private property within the Borough for more than five days, and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. The presence of an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled vehicle or parts thereof on private or public property is hereby declared a public nuisance, which may be abated as such in accordance with the provisions of this chapter. This section shall not apply to a vehicle of any type undergoing major overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
Motor vehicles to be repaired, rebuilt or customized that are parked or stored in the open and are classified as abandoned or junked vehicles according to § 294-1 of this chapter may remain parked or stored in the open for up to 15 days at an authorized dealership or repair garage. If the vehicles cannot be repaired, rebuilt or customized within 15 days, they must be removed and parked in an enclosed building. No vehicle shall at any time be in a state of major disassembly or in the process of being stripped, dismantled or sold for parts.
Whenever it comes to the attention of the Mayor or Police that any violation, as defined in § 294-2 of this chapter, exists in the Borough, notice may be given by tagging the vehicle with a removal notice or by sending a letter to the owner of the vehicle and/or the property owner where an abandoned or junked vehicle is parked or stored in violation of this chapter, directing and requiring that the vehicle be removed and properly disposed of within 10 days after issuance of the notice. It shall constitute sufficient notice when a copy of the same is posted in a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by certified mail, return receipt requested, to the owner or occupant of the private property at his/her last known address, and to the owner of the vehicle, if known, at his/her last known address.
The owner of the abandoned or junked vehicle and the owner or occupant of the private property upon which the same is located shall be jointly and severally responsible for its removal. In the event of removal and/or disposition by the Borough, the owner or occupant of the private property where the same is located and the owner of the vehicle shall be jointly and severally liable for the expenses incurred to remove the vehicle. If the Borough directs the removal of the vehicle by a private towing company, the owner of the vehicle and/or the owner of the property where the same is located will be responsible directly to the towing company for the cost of towing and storage of the vehicle.
Any person who shall fail, neglect or refuse to comply with any provision of this chapter within 10 days after receiving notice as provided for in § 294-4 shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000 plus the costs of prosecution for each vehicle in violation and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day a violation of this chapter continues shall constitute a separate offense.