[HISTORY: Adopted by the Board of Supervisors of the Township
of Barrett 8-9-1989 by Ord. No.
99. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases,
words, and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future; words in the plural number include the singular
number; words in the singular number include the plural number; the
masculine gender shall include the feminine and neuter genders; and
the word "shall" is always mandatory and not merely directory.
Any unsheltered vehicle (i.e., not stored within a garage or
other enclosure) other than a pedalcycle:
That is inoperable and is left unattended on public property
for a period of more than 48 hours; or
That has remained illegally on public property for a period
of more than 48 hours; or
Without a valid registration plate or certificate of inspection
or title that is left unattended on or along a Township road or state
highway; or
Without a valid registration plate or certificate of inspection,
or that has remained on private property with or without the consent
of the owner or person in control of the property for more than 30
days; or
That cannot be inspected or resold without current registration
plates. Owner has 90 days to make repairs and sell or apply for current
license plate and inspection.
Vehicles left for repair at a bona fide automotive repair shop
or vehicles and equipment used or to be used in construction or in
the operation or maintenance of public utility facilities, which are
kept in a manner which does not interfere with the normal movement
of traffic, shall not be considered to be abandoned.
The Board of Supervisors of Barrett Township, Monroe County,
Pennsylvania.
Any discarded material or article such as is not ordinarily
disposed of as rubbish or refuse, and shall include, but not be limited
to, scrap metal, machinery implements, and abandoned, discarded or
unused objects, such as furniture, stoves, refrigerators, freezers,
cans or containers, and shall not include any garbage or other organic
waste or any paper, rubbish rags, or other flammable article or material,
or hazardous waste kept in a container for the purpose of prompt disposal.
Any unsheltered motor vehicle, which is inoperable or unable
to meet the vehicle equipment and inspection standards under the Pennsylvania
Vehicle Code;[1] and/or vehicles wrecked, or major parts missing, such
as motor, glass, wheels, etc. In the event a vehicle is waiting for
insurance claim, proof must be shown. This definition does not include
a vehicle which would qualify as an antique or classic vehicle.
Any lot where junk, as defined above, is stored, disposed
of, or accumulated.
Any parcel of land, regardless of size, intended as a unit
of ownership, transfer of ownership, use, rent, improvement, or development.
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways,
and including trailers or semitrailers pulled thereby.
The unreasonable, unwarrantable, or unlawful use of public
or private property, which causes injury, damage, hurt, inconvenience,
annoyance, or discomfort to any person in the legitimate enjoyment
of his rights of person or property; and/or any condition, structure,
or improvement which shall constitute a threat or potential threat
to the health, safety, or welfare of the citizens of the Township.
A person owning, leasing, occupying, or having charge of
any premises within the Township; and/or the actual owner, agent or
custodian of the property on which motor vehicles are stored, whether
individual or partnership, association, or corporation.
Includes any natural person, male or female, firm, partnership,
association, corporation, company, legal entity, or organization of
any kind.
The Township of Barrett, Monroe County, Pennsylvania.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
It shall be unlawful for any person, owner, or lessee to maintain
a motor vehicle nuisance upon the open private grounds of such person,
owner, or lessee within the Township. A motor vehicle nuisance shall
include any motor vehicle which is unable to move under its own power
or which has not been licensed or inspected for a period of one year
and has any of the following physical defects:
A.
Broken windshields, mirrors or other glass, with sharp edges.
B.
One or more flat or open tires or tubes which could permit vermin
harborage.
C.
Missing doors, windows, hood, trunk or other body parts which could
permit animal harborage.
D.
Any body parts with sharp edges, including holes resulting from rust.
E.
Missing tires resulting in unsafe suspension of the motor vehicle.
F.
Upholstery which is torn or open which could permit animal and/or
vermin harborage.
G.
Broken headlamps or taillamps with sharp edges.
H.
Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or on the vehicle.
I.
Protruding sharp objects from the chassis.
J.
Broken vehicle frame suspended from the ground in an unstable manner.
K.
Leaking or damaged oil pan or gas tank which could cause fire or
explosion.
L.
Exposed battery containing acid.
M.
Inoperable locking mechanism for doors or trunk.
N.
Open or damaged floorboards, including trunk and fire wall.
O.
Damaged bumpers pulled away from the perimeter of vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips.
R.
Broken communications equipment antennas.
S.
Suspended or unstable supports.
T.
Such other defects which could threaten the health, safety and welfare
of the citizens of the Township.
Any person, owner, or lessee who has one or more motor vehicle nuisances, as defined in § 492-2, may store such vehicle(s) in the Township only in strict compliance with the regulations provided herein. Such person, owner, or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the Township such as may be provided from time to time by resolution of the Board of Supervisors. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building, or in rear of lot outside within an opaque fence at least six feet high which is locked at all times when unattended. With the special approval of the Board of Supervisors, motor vehicle nuisances may also be stored outside in an area enclosed by a chain-link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, all gas and oil, or other flammable liquid, shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored. The total area of storage of motor vehicle nuisances may not exceed 500 square feet per lot. Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of Chapter 525, Zoning, of the Code of the Township of Barrett.
If any person or owner, after receiving 30 days' prior notice
by the Township Supervisors, shall fail, neglect, or refuse to correct
or abate any motor vehicle nuisance or other nuisance:
A.
The Board of Supervisors may direct the removal of such nuisance
to be done by the Township, its agents or employees, and the costs
of such removal, together with a penalty of 10%, may be collected
from the person or owner of the premises by an action of assumpsit,
or other appropriate legal process, or the Township may file a municipal
claim or lien therefor against such real estate.
B.
The Township Supervisors may institute proceedings in any court of
equity requesting the abatement of such nuisance.
C.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All notices hereunder may be given either by certified mail
to the last known address of the owner of the property in question,
or notice may be given by posting or attaching a notice on the offending
vehicle or other personal property.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, district, and independent provision, and such holding
shall not affect the validity of the remaining portions of this chapter.
All other ordinances or parts of ordinances conflicting with
the provisions of this chapter are hereby repealed insofar as they
are inconsistent with this chapter.
This chapter shall become effective five days after its adoption.
