[Added 6-2-2011 by Ord.
No. 698]
For the purpose of enforcing the provisions of this chapter,
unless the context specifically indicates otherwise, the meaning of
terms used in this article shall be as follows:
As defined by the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A.
§ 102, a vehicle (other than a pedal cycle) 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 highway, street, alley or other public property for more than
48 hours.
The vehicle has remained illegally on a highway, street, alley
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 24
hours.
Shall be deemed "inoperable" where any of the following conditions
exist:
The engine and/or power train does not function at all or in
a manner that would enable the vehicle to propel itself safely.
One or more main component parts are missing or not properly
attached to the vehicle.
Where any other or additional conditions exist which cause the
vehicle to be incapable of performing the function for which it is
designed and/or incapable of being registered or fit for the intended
use.
Fenders, hood, wheels, radiator, motor, windows, doors, muffler,
or essential parts of the engine, and all other parts or equipment
as are necessary for the vehicle to be lawfully driven upon the public
streets.
Includes transmission replacement, engine replacement, body
repair, paint jobs and any other activity that cannot be reasonably
considered routine maintenance of a motor vehicle.
Includes every person, firm, partnership, association or
corporation.
Includes engine oil changes, installation of a new battery,
fluid changes, battery charging, changing or repairing tires, rotation
of tires, replacement of windshield wipers and any other activity
that can be reasonably be considered routine maintenance of a motor
vehicle.
Includes automobiles, trucks, tractor trailers or semitrailers,
motor homes, recreation vehicles, motorcycles, trailers, and any other
means of mechanical conveyances designed to transport people, animals
or materials.
No person shall park or store a vehicle upon any street, highway
or alley in the Borough of Lemoyne for the purpose of assembling,
repairing, disassembling, redesigning, or modifying any vehicle or
motor vehicle, except for emergency minor repair or routine vehicle
repair as defined. Routine vehicle repairs may not exceed one hour
in duration.
No person shall park or store any abandoned or inoperable vehicle
or vehicle parts on any street, highway or alley of the Borough of
Lemoyne.
No person shall park or store any vehicle without a valid registration
plate or without a current certificate of inspection on any street,
highway or alley of the Borough of Lemoyne.
Any person in violation of any provisions of this article shall
be given 10 days' written notice to remove the vehicle or abate the
nuisance.
Any person violating any provision of this article, failing
to remove the vehicle or abate the nuisance, or aiding, abetting,
or assisting in the violation of its provisions, shall upon conviction
thereof, be sentenced to pay a fine of not less than $100 or more
that $300 and costs of prosecution, and if in default of payment of
such fines or costs to undergo imprisonment for not less than 10 days
or more than 30 days. Each day that a prohibited condition exists
constitutes a separate offense.
In the case of abandoned, unclaimed or unidentified vehicles,
the Borough may dispose of same after proper clearance with the West
Shore Regional Police Department and following applicable state regulations.
All persons who at the date of the adoption of this article
who are in violation thereof, shall be given written notice allowing
30 days to conform with provisions of this article.
