[Ord. 1974-6, 5/28/1974, § 1]
The following words and phrases when used in this Part shall,
for the purpose of this Part, have the following meanings, respectively,
except in those instances where the context clearly indicates a different
meaning:
ABANDONED MOTOR VEHICLE
A motor vehicle, or parts thereof, which has been voluntarily
relinquished by its owner, with the intention of terminating his ownership,
possession and control without vesting ownership in any other person.
JUNKED MOTOR VEHICLE
Any motor vehicle, or parts thereof, not in running condition
left or stored in the open and not in such an enclosure as is reasonably
calculated to prevent children from playing on or about such motor
vehicle.
MOTOR VEHICLE
Any vehicle which is self-propelled and also any trailer
or semitrailer designed for use with such vehicle.
[Ord. 1974-6, 5/28/1974, § 2]
It shall be unlawful for any person, partnership, firm, association
or corporation to park or store on any street or in the open on public
or private property within Manchester Township, York County, Pennsylvania,
any abandoned motor vehicle or junked vehicle for a period longer
than 15 days.
[Ord. 1974-6, 5/28/1974, § 3]
1. The following act or circumstances shall be prima facie evidence
that a motor vehicle is an abandoned motor vehicle:
A. Failure
to move any motor vehicle disabled by reason of an accident for a
period of 15 days from the date of said accident.
B. The leaving of a motor vehicle that is inoperable on public property,
unattended for a period of more than 15 days.
C. A motor vehicle that has remained illegally on public property for
a period of more than 15 days.
D. A motor vehicle that has remained on private property without the
consent of the owner or person in control of the property for a period
of more than 15 days.
[Ord. 1974-6, 5/28/1974, § 4]
The failure of any motor vehicle to bear a current state registration
and/or current official state inspection emblem shall be prima facie
evidence that such motor vehicle is an abandoned motor vehicle and/or
a junked motor vehicle.
[Ord. 1974-6, 5/28/1974, § 5]
Any police officer of the Township is hereby authorized to remove
any abandoned motor vehicle or junked motor vehicle from the street
or from public or private property after said fifteen-day period and
to cause such motor vehicle to be stored temporarily pending determination
of ownership and notice to the owner thereof of its removal. Such
police officer shall immediately notify the owner or reputed owner
of said motor vehicle of its removal and of the intention of the Township
to dispose of the motor vehicle unless it is claimed and the costs
of removal and storage paid within five days after the date of mailing
of the notice.
[Ord. 1974-6, 5/28/1974, § 6]
In the event that any abandoned motor vehicle or junked motor vehicle is not claimed and the costs of its removal and storage not paid within five days of the mailing of the notice prescribed in §
10-105 above, or in the event that the identity or whereabouts of the owner cannot be determined after a reasonable investigation, application shall be made by the Township for a title or certificate of junk in its name and the motor vehicle disposed of as provided in the Motor Vehicle Code.
[Ord. 1974-6, 5/28/1974, § 7; as amended by Ord.
2002-01, 1/7/2002]
In addition to the costs of removal and storage, which are hereby
placed on the owner of such abandoned motor vehicle or junked motor
vehicle, any person, or any officer of any partnership, firm, association
or corporation who shall violate any provision of this Part shall,
upon conviction thereof before a district justice in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not less
than $10 nor more than $1,000 plus costs and, in default of payment
of said find and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.