Borough of Plymouth, PA Chapter 221 Vehicles, Abandoned

[HISTORY: Adopted by the Borough Council of the Borough of Plymouth 3-13-1984 by Ord. No. 9-1984. Amendments noted where applicable.]

§ 221-1 Title.

This chapter shall be cited and known as the "Abandoned or Junked Vehicle Ordinance."

§ 221-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED OR JUNKED AUTOMOBILE, TRUCK OR VEHICLE

Any one or more of the following, provided that a vehicle under repair which is bona fide and is intended for future use shall not be deemed to be within the following definition:

A. A vehicle for which a certificate of junk has been issued by the Pennsylvania Secretary of Revenue or the official designated by any other state to issue such certificates.

B. Any vehicle in or on which it is found that any of the following conditions exist:

(1) If the engine or motor or essential motor parts have been removed for more than 30 days.

(2) Its tires or any tire has been deflated or its wheels have been removed for more than seven days.

(3) If there is no official inspection sticker or any such sticker is not current by more than 30 days.

JUNKYARD

A lot, land, structure or part thereof used primarily for the collection, storage and sale of wastepaper, rags, scrap metal or discarded materials or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition and which are for the sale of parts thereof.

§ 221-3 Unlawful acts.

It shall be unlawful to store or deposit abandoned or junked automobiles, trucks or other vehicles or parts thereof on any public or private property, vacant or occupied, within the Borough of Plymouth, where the same is found to be a nuisance in fact.

§ 221-4 Junkyards to be licensed.

A. Any person, firm, association or corporation lawfully carrying on the business of or maintaining a junkyard or storage place or deposit for one or more abandoned or junked automobiles, trucks or other vehicles or parts thereof within the Borough of Plymouth, which junkyard or storage place shall be deemed a junkyard under the provisions of Chapter 231, Zoning, shall secure a license and pay a license fee of $50 per annum payable on or before January 1 of each year.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. Such license shall not be issued until the following conditions have been complied with:

(1) The storage area is enclosed with a six-foot-high opaque fence, provided that one gate of maximum width of 10 feet shall be permitted if the gate is locked during the hours when the business or storage area is not being used.

(2) The storage area is set back 25 feet from the curbline of any and all streets abutting the property and, if there is no curbline, from the point where the limit of the cartway closest to the storage area to be licensed is located.

(3) Such other conditions and specifications which the Borough, by resolution, may prescribe to protect the health, safety and general welfare of the Borough of Plymouth.

C. The above license shall be deemed revoked should any of the above conditions set forth in Subsection B above, including the conditions and specifications authorized by Subsection B(3), be violated, and said violation shall constitute a violation of this chapter.[1]

[1] Editor's Note: Original Subsection D, which immediately followed this subsection and provided penalties for persons who failed or refused to obtain a license, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). For current penalty provisions, see § 221-6.

D. All persons, firms, associations, partnerships or corporations carrying on activities for which a license is required under this chapter shall have six months from the effective date of this chapter to comply with its terms.

§ 221-5 Notice of nuisance.

Whenever it is found that any person, partnership, association or corporation maintains any nuisance or nuisances in fact within the Borough of Plymouth, the Borough Council of Plymouth shall serve notice to the effect upon the person, partnership, association or corporation maintaining such nuisance. Such notice shall describe the condition complained of and shall require the same to be made safe, to be corrected or to be removed.

§ 221-6 Abatement of nuisances; violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A. Should such person, partnership, association or corporation fail, neglect or refuse to make such conditions safe or to correct or remove it to the end that the same shall not constitute a nuisance in fact, the Borough Council may abate or cause to be abated such nuisance, and the expenses of such abatement shall be paid by such person, partnership, association or corporation. The cost of such abatement correction or removal of such nuisance shall be collected from such person, partnership, association or corporation by the Borough Council of the Borough of Plymouth by summary proceeding to be brought before a Magisterial District Judge having jurisdiction.

B. Where it is found that any person, partnership, association or corporation fails or refuses to obtain a license or maintains any nuisance or any nuisances in fact and said person, partnership, association or corporation refuses to abate the nuisance, the Borough Council may then proceed on its own to abate, correct or remove such nuisance and thereafter assess the cost of the same to the party at fault, and the Borough of Plymouth may request the Magisterial District Judge having jurisdiction to issue a fine not exceeding $600 and costs of prosecution against said party at fault. In default of payment of such fine and costs, said violator shall be imprisoned for a period not exceeding 30 days. The continuation of the violation of this chapter for each successive day shall constitute a separate offense. The party allowing or permitting the continuation of the violation may be punished as provided for each separate offense.