[Ord. No. 2018-1, 3/8/2018]
As used in this Part, the following terms shall have the meanings
indicated:
A public thoroughfare (less than 20 feet in width), other
than a street, which affords secondary means of access to abutting
property and is not intended for general traffic circulation.
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in or restored to a condition that is substantially in conformance
with manufacturer's specifications.
Any structure having a roof supported by columns or walls,
used for shelter, housing or enclosure of persons, animals or property.
A motor vehicle, but not a reproduction thereof, manufactured
at least 15 years prior to the current year, which has been maintained
in or restored to a condition which is substantially in conformity
with manufacturer specifications and appearance.
Vehicles and equipment used or to be used in construction
or in the operation or maintenance of highways or public utility facilities.
The Pennsylvania Department of Transportation.
See "nonrepairable vehicle."
Any vehicle which is incapable of safe operation for use
on street, roadway, or highway and which has no resale value except
as a source of parts or scrap only, a salvage vehicle issued a nonrepairable
or nonrebuildable vehicle document issued by another state or a vehicle
which a salvor or vehicle salvage dealer designates as a source for
parts or scrap or which the owner irreversibly designates as a source
for parts or scrap.
A vehicle which is inoperable or unable to meet the vehicle
equipment and inspection standards of the Pennsylvania Motor Vehicle
Code to the extent that the cost of repairs would exceed the value
of the repaired vehicle. This term does not include a vehicle which
would qualify as an antique or classic motor vehicle except for its
lack of restoration or maintenance.
A person engaged in the business of acquiring abandoned vehicles
for the purpose of taking apart, junking, selling, rebuilding or exchanging
the vehicles or parts thereof.
A public thoroughfare, right-of-way (or private road or right-of-way)
20 feet in width or greater which affords primary vehicular access
to abutting properties.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway or street, except
devices used exclusively upon rails or tracks, specifically including
but not limited to cars, buses, motorcycles and trucks.
[Ord. No. 2018-1, 3/8/2018]
1.
A vehicle
is declared abandoned and a nuisance if it meets any of the following
conditions:
A.
The vehicle
is physically inoperable and left unattended on a public street or
alley for a period of more than 15 days.
B.
The vehicle
has remained illegally on a public street or alley for a period of
more than 15 days.
C.
The vehicle
is left unattended on or along a public street or alley for a period
of more than 15 days and meets any of the following:
(1)
Is unable to move under its own power;
(2)
Is without a license plate or bearing no official inspection sticker
unless the vehicle has an antique motor vehicle classification issued
by the Commonwealth of Pennsylvania; or
(3)
Does not possess a current and valid registration and has any of
the following physical defects:
(a)
Broken windshields, mirrors or glass with sharp edges;
(b)
One or more flat 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 tail lamps 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 mechanisms for door or trunk;
(n)
Open or damaged floor boards, including trunk and firewall;
(o)
Damaged bumpers pulled away from the perimeter of the vehicle;
(p)
Broken grill with protruding edges;
(q)
Loose or damaged metal trim and clips;
(r)
Broken communication equipment antennas;
(s)
Suspended on unstable supports; or
(t)
Such other defects which could threaten the health, safety and welfare
of the citizens of Swatara Township.
2.
Construction
vehicles which are left in a manner which does not interfere with
the normal movement of traffic shall not be considered to be abandoned.
[Ord. No. 2018-1, 3/8/2018]
It is unlawful for any person, except the owner or his agent
or as otherwise provided in this Part, to remove any part of an abandoned
vehicle.
[Ord. No. 2018-1, 3/8/2018]
1.
Any vehicle which meets the criteria for an abandoned vehicle in § 15-402, Subsection 1, of this Part, and has been parked on any of the streets or alleys in Swatara Township exceeding a period of 15 days shall be defined as illegally parked and declared a public nuisance as being hazardous to the health safety and welfare of the residents.
2.
When it
is determined that a vehicle is abandoned, nonrepairable, or illegally
parked, the Township, or its designee, shall notify the owner by posting
the vehicle for seven days to remove said nuisance. If said owner
fails to remove said nuisance, the Township may cause the same to
be done in a manner consistent with Pennsylvania Motor Vehicle Code,
75 Pa.C.S.A. § 7301 et seq.
3.
Notwithstanding
the aforementioned, any vehicle that poses an immediate threat to
the health, safety and welfare as determined by the Township, or its
designee, shall be posted for removal in 24 hours.
[Ord. No. 2018-1, 3/8/2018]
1.
The Township, or its designee, may authorize the removal of an abandoned, nonrepairable, or illegally parked vehicle by a salvor who is current licensed and/or certified with the Department and who maintains insurance indemnifying the public and Swatara Township in the amount of no less than $10,000, following the notice requirements of § 15-404 of this Part.
2.
Upon written
request of the Township, or its designee, a salvor shall take possession
of and remove to a storage facility of the salvor any abandoned, nonrepairable,
or illegally parked vehicle located within the Township.
3.
Any salvor
taking possession of an abandoned, nonrepairable, or illegally parked
vehicle shall, within 48 hours after taking possession, report to
the Department the make, model, vehicle identification number, and
registration plate number of the abandoned vehicle, the name and address
of the owner or person who abandoned the vehicle, if known, together
with any other information or documents which the Department may by
regulation require pursuant to Pennsylvania Motor Vehicle Code, 75
Pa.C.S.A. § 7301 et seq. The report shall include a statement
whether the vehicle is valueless except for salvage. Where the report
indicates the vehicle is valueless except for salvage, the salvor
shall include a photograph of the vehicle to be prepared in a manner
prescribed by the Pennsylvania Department of Motor Vehicles, 75 Pa.C.S.A.
§ 7301 et seq. A report by the salvor that a vehicle is
valueless except for salvage shall be verified by the Township, or
its designee, which authorizes transfer of the vehicle to the salvor.
4.
The salvor
shall comply with any and all rules and regulations required pursuant
to Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 7301
et seq., once possession of the abandoned, nonrepairable, or illegally
parked vehicle is transferred to the salvor.
[Ord. No. 2018-1, 3/8/2018]
1.
Any persons,
firms or corporations who or which shall violate or fail to comply
with any of the provisions of this Part shall, upon conviction, be
sentenced to pay a fine of not more than $1,000 and costs of prosecution
and attorney fees, and in default of payment of such fines and costs,
be imprisoned for a term not exceeding 30 days. Each day during which
a person, firm or corporation violates the provisions of this Part
shall constitute a separate offense.
2.
Nothing
herein contained shall preclude the Township from instituting proceedings
at law or in equity, seeking any attorney fees and costs, to abate
any continued violations of this Part.
