[HISTORY: Adopted by the Borough Council of the Borough of
Etna 3-16-2004 by Ord. No. 1300. Amendments noted where applicable.]
This chapter shall be known as the Borough of Etna's "Abandoned
and Junked Vehicle Ordinance."
All ordinances or parts of ordinances are repealed insofar as
they conflict with the provisions of this chapter; however, such repeal
shall not affect any act done or any liability or violation accrued
under any such prior ordinance herein repealed or superseded, and
all such liabilities or violations shall continue and may be enforced
in the same manner as if such repeal or supersession had not been
made; and any offense or violation committed and any penalty or forfeiture
incurred under any such ordinance herein repealed or superseded may
be prosecuted in the same manner as if this chapter had not been approved.
In the construction of this chapter, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and the plural
the singular.
B.
Words used in the past or present tense shall include the future
tense.
C.
Words used in the masculine gender shall include the feminine and
neuter.
D.
The word "shall" is always mandatory and is not discretionary.
E.
The word "may" is permissive.
F.
The Borough intends to favor the public interest as against any private
interest.
G.
The headings prefixed to sections and other divisions of this chapter
shall not be considered to control but may be used to aid in the construction
thereof.
H.
General words shall be construed to take their meaning and be restricted
by preceding particular words.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Any motor vehicle or parts thereof, as defined in the Vehicle
Code of the Commonwealth of Pennsylvania,[1] which is inoperable as defined herein, and which is stored
or kept outside of a fully enclosed vehicle.
The Borough of Etna.
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.
When used in a 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 inoperative as well as including pieces or portions thereof.
Includes both natural and artificial persons, associations,
partnerships, firms or corporations. When used in the clause imposing
a fine or imprisonment, the term "person," as applied to a partnership
or association, shall mean any member thereof and, as applied to a
corporation, shall mean the president, vice president, secretary,
treasurer or other high-managerial agent thereof. The terms shall
also include all owners of the property on which a violation occurs,
including co-owners, a husband and wife, as well as joint owners.
Both an owner and a tenant are jointly responsible for compliance
with the terms of this chapter if the owner knowingly allows the premises
to be used for a prohibited purpose.
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 Etna
which is open to the public or to which the public or a substantial
group has access.
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.
When used within this chapter, 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 from a
height of 4 1/2 feet above the pavement.
A vehicle which is inoperable or unable to meet the vehicle
equipment and inspection standards under Section IV (relating to vehicle
characteristics) of 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[2] except for its lack of restoration or maintenance. A vehicle
which is inoperable or unable to meet the vehicle equipment and inspection
standards of Section IV (relating to vehicle characteristics) to the
extent that the cost of repairs would exceed the value of the vehicle
shall be presumed to be valueless except for salvage but the presumption
is rebuttable by a preponderance 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.
It shall be unlawful for any person, owner or lessee to store,
maintain, accumulate or keep any abandoned or junked vehicle, dismantled
or partially dismantled vehicle, or a vehicle valueless except for
salvage, or parts thereof, in violation of this chapter, and the same
is hereby declared to be a nuisance and is prohibited.
A.
Residential districts.
(1)
No person shall keep, maintain or store, and no person in charge
of or in control of any premises or private property, whether as owner,
lessee, tenant, occupant or otherwise, shall allow any abandoned or
junked vehicle, dismantled vehicle, or wrecked, junked, discarded
or otherwise inoperable motor vehicle, or a vehicle valueless except
for salvage, or parts thereof, to remain outside an enclosed structure
on public or private property in any residential district longer than
10 days.
(2)
No person shall keep, maintain or store any motor vehicle which is
leaking any vehicular fluids outside an enclosed structure in any
residential district.
B.
Central Commercial, Neighborhood Commercial, Limited Commercial and
Industrial Districts.
(1)
No person shall keep, maintain or store, and no person in charge
of or in control of any premises or private property, whether as owner,
lessee, tenant, occupant or otherwise, shall allow, any abandoned
or junked vehicle, dismantled or partially dismantled vehicle, or
wrecked, junked, discarded or otherwise inoperable motor vehicle,
or a vehicle valueless except for salvage, or parts thereof, to remain
on public or private property in a Central Commercial, Neighborhood
Commercial, Limited Commercial or Industrial District longer than
10 days, unless screened so as not to be visible from the highway
or abutting properties at all times of the year.
(2)
No person shall keep, maintain or store any motor vehicle which is
leaking any vehicle fluids outside an enclosed structure in any Central
Commercial, Neighborhood Commercial, Limited Commercial or Industrial
District.
An abandoned or junked vehicle, dismantled or partially dismantled
vehicle, or wrecked, junked, discarded or otherwise inoperable motor
vehicle, or a vehicle valueless except for salvage, or parts thereof,
held or stored upon the property of a salvor in a vehicle salvage
yard or by a person engaged in the business of servicing, repairing,
storing or disposing of such motor vehicles, in conformity with the
zoning laws[1] of the Borough of Etna, shall not be a violation of this
chapter if, and only if:
A.
Such business is 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
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 Building
Inspector with 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 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 is located in an I-1 Industrial District.
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 of Etna
unless in full compliance with this chapter.
The Borough Manager, or his or her designee, and Borough of
Etna police officers are hereby authorized and directed to give notice,
by personal service or United States Mail, 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 10 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 § 569-7, Storage of inoperable motor vehicles, of this chapter.
Any person who shall violate any section of this chapter or
knowingly permit his or her property to be used in violation of any
provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and costs of prosecution per
day for each and every offense and, in default of payment of any fines
or costs imposed, may be sentenced to a period of incarceration not
exceeding 10 days in the Allegheny County Jail. Whenever such person
shall have been notified that he or she is committing such a violation
of this chapter, each day that he or she shall continue such violation
after such notification shall constitute a separate offense punishable
by a like fine or penalty.
If the Borough shall deem it necessary to abate a nuisance or
nuisances under this chapter, nothing herein shall prevent the Borough
of Etna from instituting proceedings and seeking relief in the courts
of equity to abate said nuisance or nuisances.
