[HISTORY: Adopted by the Board of Supervisors of the Township of Southampton 5-23-1988 by Ord. No. 1988-3. Amendments noted where applicable.]
[Amended 10-12-2021 by Ord. No. 2021-4]
A. 
The Township does hereby prohibit any and all nuisances, including, but not limited to, the accumulation of garbage and rubbish, the storage of abandoned or junked automobiles, as defined below, on private and public property, the outside storage or accumulation of more than four tires that are not on rims, the carrying on of any offensive manufacture or business, and the accumulation of garbage, rubbish, junk, or any and all other substances, items or debris which constitute a nuisance.
[Amended 9-26-2022 by Ord. No. 2022-1]
B. 
Definition; presumption.
(1) 
"Junk vehicle" means any or all of the following:
(a) 
Any vehicle or motor vehicle which by reason of damage resulting from an accident, dismantling, disrepair or other cause is i) incapable of being propelled under its own power, or ii) missing a major component part, including, but not limited to, any of the following:
[1] 
The engine.
[2] 
The transmission.
[3] 
The right or left front fender.
[4] 
The hood.
[5] 
A door allowing ingress or egress from the vehicle's passenger compartment.
[6] 
The front or rear bumper.
[7] 
The right or left rear quarter panel.
[8] 
The deck lid, tailgate, or hatchback.
[9] 
The trunk floor pan.
[10] 
The cargo box of a pickup.
[11] 
The frame or, if the vehicle has a unitized body, the supporting structure or structures which serve as the frame.
[12] 
The cab of a truck.
[13] 
The body of a passenger vehicle.
[14] 
The wheels.
(b) 
Any vehicle or motor vehicle that is unsafe for operation in the manner for which it was designed, manufactured or modified by reason of damage resulting from an accident, dismantling, disrepair, or other cause.
(c) 
Any vehicle or motor vehicle that is unsafe for operation in the manner for which it was designed, manufactured, or modified by reason of its inability to comply with any code, regulation or statutes established by the State of Pennsylvania governing the operation of such vehicle or motor vehicle.
(d) 
Any vehicle or motor vehicle which has been so damaged or dismantled so as to be a total loss.
(e) 
Any component part of a vehicle or motor vehicle, including tires and wheels, which by reason of disrepair, damage, or other cause is incapable of functioning or being operated in the manner for which it was designed, manufactured, or modified.
(f) 
The term "junked vehicle" includes not only motor vehicles, but also junked aircrafts and watercrafts.
(g) 
It shall be lawful to store a junk vehicle on private property provided the vehicle or part thereof is completely enclosed within a building or behind a 100% sight-obscuring fence in a manner where it is not visible from the street or other public or private property.
(2) 
Abandoned vehicles.
(a) 
A vehicle (other than a pedalcycle) 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 time more than 48 hours.
[3] 
The vehicle is left unattended on or along a highway or other public property for more than 48 hours and does not bear all of the following:
[a] 
A valid registration plate.
[b] 
A current certification of inspection.
[c] 
An ascertainable vehicle identification number.
[4] 
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.
[5] 
The vehicle has remained on private property of a salvor for 20 days.
(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 does not interfere with the normal movement of traffic, shall not be considered to be abandoned.
The Township shall provide the owner of the property upon which the nuisance exists with 10 days' written notice to abate the nuisance described in the notice by the Township.
Upon the failure of the owner of the property upon which the nuisance exists to abate the nuisance within 10 days of this receipt of the notice to do so, the Township shall take any and all action necessary to abate the nuisance, the costs of such abatement shall be chargeable to and paid by the owner of the property in question by either a civil action prosecuted by the Township, as restitution in a criminal action or by the filing of a municipal claim by the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If the owner of the property in question fails to abate the nuisance within 10 days of receipt of the notice from the Township to do so, the owner of the property shall be in violation of this chapter and 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 and costs of the abatement of the nuisance. 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.