[HISTORY: Adopted by the Borough Council of the Borough of
Osborne (now Glen Osborne) 6-18-1972 by Ord. No. 261; amended in its entirety 3-15-2022 by Ord. No. 423. Amendments noted where applicable.]
The purpose of this chapter is to regulate the accumulation
and storage of junk motor vehicles and nuisance motor vehicles in
order to minimize safety hazards created by such nuisance vehicles
to protect the integrity of the community; to prohibit the accumulation
of storage of junked, abandoned or discarded vehicles, trailers or
boats which create an attractive nuisance for children, provide a
breeding area for rodents and other unhealthful animals, and which
violate all concepts of ecological and environmental principles; and
to otherwise protect the general health, safety and welfare of the
citizens of the Borough of Glen Osborne.
As used in this chapter, the following terms shall have the
meanings indicated:
Any motorized device in, upon or by which any person or property
is or may be transported or drawn upon a public highway, including
trailers and semitrailers designed for use with such vehicles, and
which are required to be registered by the Pennsylvania Motor Vehicle
Code under 75 Pa.C.S.A. § 1301, and which is not in working order,
does not have a current registration plate or valid inspection sticker
attached, and which has been stored or kept outside of an enclosed
building for a period in excess of 15 days.
Any motor vehicle or part thereof, as defined in the Vehicle
Code of the Commonwealth of Pennsylvania, which has been rendered
inoperable because a part or parts has or have been removed therefrom.
As applied to motor vehicles under this chapter:
A motor vehicle that does not have a current registration plate
and a current inspection sticker; or
A motor vehicle that does not have the required number of wheels
or tires, does not have one or more of its doors or windows, does
not have an engine or does not have a battery, or lacks any part which
is necessary to self-propel it.
A vehicle which is self-propelled, except one which is propelled
solely by human power or by electric power obtained from overhead
trolley wires but not operated upon rails.
Any condition of a motor vehicle which shall constitute a
threat or potential threat to the health, safety or welfare of the
residents of the Borough of Glen Osborne.
When used in the clause with “abandoned or junked vehicles”
or “dismantled or partially dismantled vehicles,” the
term shall mean a component of a vehicle, including, but not limited
to, bumpers, doors, fenders, tires, windows or windshields, motors,
transmissions, axles or suspension frames, chassis, or any other component
of a vehicle which is either wrecked, discarded, dismantled, partially
dismantled or inoperable, as well as including pieces or portions
thereof.
Real property which belongs to or is owned, controlled or
used by any person, association, partnership, firm or corporation,
whether owned or leased, and not constituting public property. All
property which is not public property or a public place is private
property or a private premises, including, but not limited to, any
house, building or other structure designed or used, either wholly
or in part, for private residential purposes, whether inhabited or
temporarily or continuously uninhabited or vacant, and shall include
any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox
belonging or appurtenant to such dwelling, house, building or other
structure, including structures designed or utilized for commercial,
business, industrial, institutional or religious purposes. The term
shall also include that portion of any public right- of-way adjacent
to the property line which is not improved with a cartway for public
travel.
Real property which is owned by a municipal or governmental
entity, though not necessarily a place devoted solely to the uses
of the public, but shall include any public street, private street,
highway, road, alley, bridge, park, playground, vacant lot, stream,
creek, public building or similar place within the Borough of Glen
Osborne which is open to the public or to which the public or a substantial
group has access. This includes any and all streets, sidewalks, boulevards,
alleys or other public ways and any and all public parks, squares,
spaces, grounds and buildings.
A person engaged in the business of acquiring abandoned vehicles
for the purpose of taking apart, recycling, selling, rebuilding or
exchanging the vehicle or parts thereof.
The use of any natural objects, plantings, embankments, fencing,
walls or structures, or a combination of any of these, which will
effectively hide any junked or abandoned vehicle, dismantled or partially
dismantled vehicle, or parts thereof, so as not to be visible from
the highway or abutting properties at all times of the year or by
an occupant of a motor vehicle viewing from a height of 41/2 feet
above the pavement.
A vehicle which is inoperable or unable to meet the vehicle
equipment and inspection standards under (relating to vehicle characteristics)
the Vehicle Code of the Commonwealth of Pennsylvania, 75 Pa.C.S.A.
§ 4101 et seq., to the extent that the cost of repairs would
exceed the value of the required vehicle. The term does not include
a vehicle which would qualify as an antique or classic vehicle under
the Vehicle Code except for its lack of restoration or maintenance.
A vehicle which is inoperable or unable to meet the vehicle equipment
and inspection standards of the Vehicle Code (relating to vehicle
characteristics) to the extent that the cost of repairs would exceed
the value of the required vehicle shall be presumed to be valueless
except for salvage, but the presumption is rebuttable by a presumption
of the evidence.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
Any land or structure which a salvor uses for a salvaging
operation of two or more unlicensed, inoperative vehicles. Salvaging
includes the storage and sale of vehicular parts or vehicles.
A substance or liquid used frequently in motor vehicles,
such as gas, oil or antifreeze.
A.
A vehicle shall be presumed to be abandoned under any of the following
circumstances, but the presumption is rebuttable by a preponderance
of the evidence:
(1)
The vehicle is physically inoperable and is left unattended on a
highway or other public property for more than 48 hours.
(2)
The vehicle has remained illegally on a highway or other public property
for a period of more than 48 hours.
(4)
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.
B.
Vehicles and equipment used or to be used in construction or in the
operation or maintenance of highways or public utility facilities
which are left in a manner which do not interfere with the normal
movement of traffic shall not be considered to be abandoned.
Any person, owner or lessee who has an abandoned or junked vehicle,
dismantled or partially dismantled vehicle, wrecked, junked, discarded
or an otherwise inoperable motor vehicle, or a vehicle valueless except
for salvage, or parts thereof, may store such vehicle(s) in the Borough
only in strict compliance with the regulations provided herein. The
abandoned, dismantled, junked or wrecked vehicle must be stored and
kept within a garage or other enclosed building.
A.
No person shall keep, maintain or store any motor vehicle which is
leaking substantial amounts of any vehicular fluids outside an enclosed
structure in any zoning district in the Borough.
B.
An abandoned or junked vehicle, dismantled or partially dismantled
vehicle, wrecked, junked, discarded or an otherwise inoperable motor
vehicle, or a vehicle valueless except for salvage, or parts thereof,
as well as construction equipment, farm machinery or equipment and
motorcycles, shall only be stored or kept on private land in the Borough
in such a manner so as not to cause loud noise or offensive odors,
attract vermin or in any manner as to constitute a nuisance.
C.
No abandoned or junked vehicle, dismantled or partially dismantled
vehicle, wrecked, junked, discarded or an otherwise inoperable motor
vehicle, or a vehicle valueless except for salvage, or parts thereof,
construction equipment, farm machinery or equipment or motorcycles
shall be stored or kept on public land in the Borough.
A.
Such business must be in full compliance with the Act of June 17,
1976, P.L. 162, No. 81, § 1 et seq., as amended, 75 Pa.C.S.A.
§ 7301 (relating to salvors), as well as Chapter 253 of Title
67 of the Pennsylvania Code, 67 Pa. Code § 253.1 et seq., which
establishes rules governing the qualifications and duties of salvors.
B.
Each year upon renewal, such business shall provide the Borough Code
Enforcement Officer a valid copy of its license or certificate of
authorization from the Commonwealth of Pennsylvania.
C.
The certificate of authorization is displayed in its place of business.
D.
All such vehicles or parts thereof in the salvage yard or junkyard
are screened so as not to be visible from the highway or abutting
properties at all times of the year.
E.
All such vehicles or parts thereof are not leaking vehicular fluids.
F.
The salvage yard or junkyard shall not be located in any residential
district of the Borough.
After a warning is issued or a citation filed, it shall be unlawful
for any person to relocate an abandoned or junked vehicle, dismantled
or partially dismantled vehicle, or a vehicle valueless except for
salvage, or parts thereof, to another location in the Borough unless
in full compliance with this chapter.
The Borough Code Enforcement Officer, or his or her designee,
and the Borough police are hereby authorized and directed to give
notice, by personal service, United States Mail, or by posting of
such notice, to the owner or occupant, as the case may be, of any
premises or location where violations of this chapter exist, directing
and requiring such owner or occupant to remove or eliminate such violation
within five calendar days after the issuance of the notice. If any
person shall neglect, fail or refuse to comply with such notice within
the period stated therein, such person shall be subject to the penalties
provided in this chapter for the violations hereof, and in addition,
the proper officers of the Borough may remove such violation of this
chapter, and the costs thereof, together with any additional payment
authorized by law, may be collected by the Borough from such person
in the manner provided by law, and upon the neglect, failure or refusal
to pay the costs of removal, the proper officers of the Borough may
cause a lien to be filed against the property.
Covering or draping a tarpaulin, car cover or other covering
over an abandoned or junked vehicle, a dismantled or partially dismantled
vehicle, or a vehicle valueless except for salvage, or parts thereof,
is not an abatement of a violation of this chapter and does not constitute
compliance with this chapter.
The Code Enforcement Officer and the Borough police are hereby
empowered to inspect private property in the Borough on which an abandoned
or junked vehicle, dismantled or partially dismantled vehicle, wrecked,
junked, discarded or an otherwise inoperable motor vehicle, or a vehicle
valueless except for salvage, or parts thereof, is stored to determine
if there is compliance with the provisions of this chapter.
It shall be unlawful for any person, owner or lessee to have,
keep, store, accumulate, maintain or keep any abandoned or junked
motor vehicle or any motor vehicle nuisance upon the open private
grounds of any owner or lessee within the Borough. A motor vehicle
nuisance shall include any motor vehicle which is:
A.
Unable to move under its own power;
B.
A vehicle bearing no official inspection sticker or a sticker not
currently valid; or
C.
A vehicle which does not possess a current and valid registration
and has any of the following physical defects:
(1)
Broken windshields, mirrors or other glass with sharp edges;
(2)
One or more flat or open tires or tubes which could permit vermin
harborage;
(3)
Missing doors, windows, hood, trunk or other body parts which could
permit animal harborage;
(4)
Any body parts with sharp edges, including holes resulting from rust;
(5)
Missing tires resulting in unsafe suspension of the motor vehicle;
(6)
Upholstery which is torn or open, which could permit animal and/or
vermin harborage;
(7)
Broken headlamps or taillamps with sharp edges;
(8)
Disassembled chassis parts apart from the motor vehicle or loose
in or on the vehicle;
(9)
Protruding sharp objects from the chassis;
(10)
Broken vehicle frame suspended from the ground in an unstable
manner;
(11)
Leaking or damaged oil pan or gas tank or leaking vehicular
fluids;
(12)
Exposed battery containing acid;
(13)
Inoperable locking mechanism for doors or trunk;
(14)
Open or damaged floorboards, including trunk and firewall;
(15)
Damaged bumpers pulled away from the perimeter of vehicle;
(16)
Broken grill with protruding edges;
(17)
Loose or damaged metal trim and clips;
(18)
Broken communication equipment antennas;
(19)
Suspended on unstable supports; or
(20)
Such other defects which could threaten the health, safety and
welfare of the citizens of the Borough.
No abandoned or junked motor vehicle or vehicles or construction
equipment or farm machinery or equipment or motorcycles shall be stored
or kept on private land in the Borough by any person, association
or corporation in such a manner as to cause loud noise or offensive
odors, attract vermin or in any manner as to constitute a nuisance.
Any person, firm, association, corporation or entity who violates
any provision of this chapter shall, upon conviction thereof in a
summary proceeding before a Magisterial District Judge having jurisdiction
of the matter, be sentenced to pay a fine of not less than $600 nor
more than $1,000 plus costs of prosecution and, in default of payment
of such fine and costs, shall be committed to the Allegheny County
Jail for a period not to exceed 90 days. Each day that a violation
of this chapter continues shall constitute a separate offense, and
neither notice to the offender of a single day’s violation nor
repeated notice of a continuing violation shall be necessary in order
to constitute such separate offense.
In addition to the penalties provided above, the Borough Council
shall have the power, in default of the abatement or removal of said
nuisance by the person, firm or corporation involved after proper
notice, to cause the necessary work to be done to accomplish said
abatement and collect the cost, together with a penalty of 10% of
said cost therefor, from the person, firm or corporation responsible
therefor.
