As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED MOTOR VEHICLE
An abandoned motor vehicle is one that is left:
A.
Upon a public road in violation of an ordinance prohibiting
parking; or
B.
On a public road or public lands for longer then seven days;
or
C.
On private property without the consent of the owner, occupant
or lessee thereof for longer than 24 hours.
AUTHORIZED OFFICIALS
The Township Code Enforcement Officer, or other person designated
by the Board of Supervisors, is authorized to declare that a vehicle
or collection of materials meets the definitions of this chapter.
HAZARDOUS MOTOR VEHICLE and HAZARDOUS DEBRIS
Any motor vehicle or collection of materials ("debris") on
private or public property that is declared to be a health or safety
hazard and public nuisance, including but not limited to the following
conditions:
A.
A breeding ground or harbor for mosquitoes or other insects,
rats, or other pests;
B.
A point of weed growth and/or other vegetation over eight inches
in height;
C.
A point of collection for pools or ponds of water;
D.
A point of concentration of gasoline, oil or other flammable
or explosive materials;
E.
So located that there is a danger of the vehicle or debris falling
or turning over;
F.
A place in which debris, bottles or other solid waste, animal
waste, or any other rotten or putrescent matter of any kind is discarded;
G.
A source of danger for children through entrapment in areas
of confinement that cannot be opened from inside or from exposed surfaces
of metal, glass or other rigid materials; or
H.
Any other vehicle or collection of materials specifically declared
a health and safety hazard and a public nuisance by the Harborcreek
Township Board of Supervisors.
JUNK MOTOR VEHICLE
In determining whether a vehicle constitutes a junk motor
vehicle, the Township Code Enforcement Officer or other designated
person shall take into consideration, but not limited to, the following
criteria:
A.
The vehicle is partially dismantled or wrecked; or
B.
The vehicle cannot be self-propelled or moved in the manner
in which it originally was intended to move; or
C.
The vehicle does not display a current license plate or a valid
inspection decal; or
D.
Whether the tires, wheels and other essential parts of the vehicle
are present for the operation of the vehicle, flat tires, the condition
of the exterior or any other specific evidence that would support
a finding that the vehicle is junked.
MOTOR VEHICLE or VEHICLES
All machines designed or intended to travel over land by
self-propulsion, or machines intended to be attached to a self-propelled
vehicle such as trailers and campers.
It shall be unlawful for the registered owner or person entitled
to the possession of a junk motor vehicle, or upon which a junk motor
vehicle is located, to leave or allow a junk motor vehicle to remain
on the property after the vehicle has been ordered removed.
The Harborcreek Township Code Enforcement Officer, or other
designated person, shall be responsible for enforcing the provisions
of this chapter.
No person shall be held to answer any civil or criminal action
to any owner or other person legally entitled to the possession of
an abandoned, hazardous or junk motor vehicle for the disposing of
such vehicle as provided in this chapter.
The provisions of this chapter are severable and if any provision
of this chapter or the application thereof is held invalid, the invalidity
shall not affect other provisions or applications of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 nor more than $300 and, in default of payment, to undergo imprisonment
for a term not to exceed 30 days. Each day that a violation of this
chapter continues shall constitute a separate offense.
All other ordinances or parts of ordinances in conflict herewith
are hereby repealed.
This chapter shall become effective five days after its enactment.