[HISTORY: Adopted by the Board of Supervisors (now Board of Commissioners) of the Township of Pocono 6-6-1982 by Ord. No. 39 as Ch. 5, Sub. A, Sections 5.1 through 5.3, of the 1982 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED VEHICLE
- An "abandoned vehicle" is defined in the Pennsylvania Vehicle Code, 75 Pa. C.S.A. § 102, effective July 1, 1977, and may from time to time be amended.
- JUNK VEHICLE
- An automobile, truck, trailer, motorcycle, bus or other motor vehicle that does not display a current license plate or valid inspection sticker, or is otherwise partially dismantled, wrecked, or has major parts missing such as wheels, windshields, doors, motors, or is in an inoperable condition.
- An area visible from public streets, roads or adjoining properties that are not totally enclosed and contains two or more junk vehicles or is being used for the storage or discarding of garbage or other organic waste material, paper, rubbish, rags, refuse, scrap metal, machinery, furniture, stoves, containers, refrigerators, or other waste materials of an offensive nature or unsightly nature.
It shall be deemed unlawful for any person, owner, lessee, tenant, occupant or person otherwise in charge of or in control of premises within Pocono Township to have or keep junk vehicles or create a junkyard on property within Pocono Township if such condition constitutes a nuisance in fact.
The leaving, discarding or storing of abandoned vehicles, junk or waste material of a type described in § 235-1, definition of "junkyard," of this chapter, on or along any public road or public lands is prohibited.
A vehicular junkyard or graveyard that existed in Pocono Township prior to January 1, 1972, the date of enactment of the Pocono Township Zoning Ordinance, may continue to exist and operate with a "certificate of nonconformance" issued by the Zoning Officer of Pocono Township, if such facility continues to operate in conformance of the laws of the Commonwealth of Pennsylvania, and does not constitute a health hazard or otherwise affect the safety and general welfare of the public. This exception shall not apply to a nonconforming use which has been abandoned as provided in § 12.101(a).
The provisions of this chapter do not apply to new and used car dealers who park new or used motor vehicles for sales display on private land zoned for this purpose. Excluded also are those vehicles classified as an "antique motor vehicle" by the Vehicle Code of Pennsylvania, said classification consisting of any self-propelled vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which has been maintained in or restored to a condition which is substantially in conformance with manufacturer specifications.
It shall be a defense to prosecution under this chapter that a wrecked vehicle stored on private property is waiting for insurance adjustment and repair.
Upon notification issued by the Township to any individual, copartnership, association or corporation who is in violation of the requirements of this chapter, the person or entity shall have 30 days to repair, sell, or otherwise remove the specified waste materials or junk vehicles.
With respect to abandoned vehicles, the Police Department shall proceed in accordance with the provisions of the Vehicle Code, 75 Pa. C.S.A. § 7301, by giving written request to a salvor to remove the vehicle.
Any individual, copartnership, association or corporation who violates any provision of this chapter shall upon conviction in a summary proceeding brought in the name of Pocono Township be sentenced to pay a fine of not less than $50 nor more than $500 and costs of prosecution, and in default of such payments shall be sentenced to imprisonment in the Monroe County Jail for not more than 10 days; each day's violation of any of the provisions of this chapter shall constitute a separate offense.