[Adopted 3-8-2005 by Ord. No. 030805]
The purpose of this article is to protect the health, safety and welfare of citizens and recognizes that the unsheltered storage of motor vehicles, motor vehicle accessories or trailers creates a hazard, threat, or potential threat to the health, safety or welfare of the citizens of the municipality because such vehicles, accessories and trailers provide a breeding area for rodents and vermin and because such vehicles, accessories and trailers provide an attractive nuisance for children who are not aware of the dangers involved.
For the purpose of this article, the following definitions shall be applicable:
MOTOR VEHICLE
Any self-propelled land vehicle which can be used for towing or transporting people or materials, homes, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, dune buggies and other off-the-road vehicles.
MOTOR VEHICLE ACCESSORY
Any part of any motor vehicle.
PERSON
Includes any natural person, firm, partnership, association, corporation, or other legal entity of whatever kind.
PRIVATE PROPERTY
Any real property not owned by the federal government, state, county, school district or other political subdivision.
PUBLIC NUISANCE
The unsheltered storage of a motor vehicle, motor vehicle accessory or trailer as otherwise defined in this article which constitutes a hazard, threat, or potential threat to the health, safety or welfare of the citizens of the municipality.
REMOVAL
The physical location or relocation of a motor vehicle to an authorized location.
TRAILER
Any wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, boat or other object.
UNSHELTERED STORAGE
Any storage except storage inside of a building or in an area completely surrounded by a solid fence of a height not less than the height of the motor vehicle, accessory, or trailer being sheltered.
A. 
It shall be unlawful for any person owning or having custody of any motor vehicle, accessory or trailer which creates a hazard or threat or potential threat to the health, safety or welfare of citizens to store or permit any such vehicles, accessories or trailers to remain in unsheltered storage on any private property or public street within the municipality for a period of more than 30 days, and it shall be further unlawful for any person owning any private property in the municipality, or leasing any such property, to store or to permit to remain, any such vehicles, accessories, or trailers on his/her property for more than 30 days.
B. 
It shall further be unlawful for any person, after notification of violation of this article, to move any vehicles, accessories, or trailers from any private property to any other private property upon which such storage is not permitted or onto any public highway or other public property for the purpose of storage.
C. 
A public nuisance shall include any motor vehicle or trailer which does not have a current registration, current license and current valid inspection sticker or any motor vehicle which has any of the following physical defects:
(1) 
Broken windshields, mirrors or other glass with sharp edges.
(2) 
One or more flat or open tires or tubes which could permit vermin harborage.
(3) 
Missing doors, windows, hood, truck or other body parts which could permit animal harborage.
(4) 
Any body parts with sharp edges, including holes resulting from rust.
(5) 
Missing tires resulting in unsafe suspension of the motor vehicle.
(6) 
Upholstery which is torn or open which could permit animal and/or vermin harborage.
(7) 
Broken headlamps or tail-lamps with sharp edges.
(8) 
Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle.
(9) 
Protruding sharp objects from the chassis.
(10) 
Broken vehicle frame suspended from the ground in an unstable manner.
(11) 
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
(12) 
Exposed battery containing acid.
(13) 
Inoperable locking mechanism for doors and trunk.
(14) 
Open or damaged floor boards, including trunk and firewall.
(15) 
Damaged bumpers pulled away from the perimeter of vehicle.
(16) 
Broken grill with protruding edges.
(17) 
Loose or damaged metal trim and dips.
(18) 
Broken communication equipment antennae.
(19) 
A motor vehicle suspended on unstable supports.
(20) 
Such other defects which could threaten the health, safety and welfare of the citizens of the municipality.
The prohibitions of § 10-3 hereof shall not apply to a motor vehicle, accessories or trailer stored within an enclosed building or in an area completely surrounded by a solid fence of a height not less than the height of the motor vehicle, accessories or trailer being stored.
The Building Inspector or Code Enforcement Officer, on routine inspection or upon receipt of a complaint, may enter upon private property to investigate a suspected motor vehicle nuisance stored or maintained in violation of this article and record the make, model, style, identification numbers and condition.
Whenever the Code Enforcement Officer, the Township Supervisors, or any other person or persons empowered to enforce this article determines that noncompliance with the provisions of this article constitutes a nuisance, or if any condition, structure or improvement poses a threat to the health, safety, or welfare of the public, he shall issue either a verbal notice to one or more of the owners of the premises or a written notice to be served by registered or certified mail upon any one of the owners of said premises, or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises. This said notice shall advise one of the owners of the premises that the subject motor vehicle(s) shall be removed within 15 days of the date of the notice or be subject to criminal and/or civil penalties.
If the owner or lessee of any premises on which motor vehicles, accessories or trailers are stored does not comply with the notice to abate the conditions within the time limit prescribed, the municipality shall have the authority to take any lawful measures to correct the conditions and to collect all costs incurred in making such corrections from the owner or lessee or other responsible person. The municipality, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.
The Code Official shall institute the appropriate at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. All actions for enforcement to this article shall be brought as follows:
A. 
As a summary offense, before a Magisterial District Judge in the same manner provided for the enforcement of a summary offense under the Pennsylvania Rules of Criminal Procedure. Any person who shall violate or fail to comply with any of the provisions of the ordinance shall, upon conviction thereof, in a summary proceeding before a Magisterial District Judge be sentenced to pay a fine of not less than $100 nor more than $1,000, costs of prosecution, restitution and/or a term of imprisonment up to 90 days, per violation. Each day that a violation continues shall constitute a separate offense; or
B. 
As a civil action in law or in equity, before a Magisterial District Judge in the same manner provided for under the Pennsylvania Rules of Civil Procedure of District Justice Rules. Any person who shall violate or fail to comply with any of the provisions of this article shall be assessed a civil penalty of not less then $100 nor more than $600, court costs, restitution and reasonable attorney fees incurred by the municipality in the enforcement of proceeding, per violation. Each day that a violation continues shall constitute a separate offense.