[HISTORY: Adopted by the Board of Supervisors of the Township of
Mahoning 10-12-1964. Amendments noted where applicable.]
The following words when used in this chapter, unless the context clearly
indicates otherwise, shall have the meanings ascribed to them in this section:
Any vehicle designed for the purpose of the transportation of persons
or property, for the drawing of other vehicles, which is self-propelled or
was originally designed or built to be self-propelled, whether or not at the
time in question it is then capable of self-propulsion. The term "motor vehicle"
shall include trailers or semitrailers designed for use with such vehicles
above described.
The parking of a vehicle in one place on any street, alley or public
thoroughfare continuously for more than 72 hours.
The Vehicle Code of the Commonwealth of Pennsylvania, 1959 April,
P.L. 58 (75 Pa.C.S.A. § 801 et seq., as amended).
No vehicle shall stand or be parked upon any street, alley or public
thoroughfare, unless the same bears a motor vehicle license evidencing that
it has been currently registered as a motor vehicle under the provisions of
the Vehicle Code.
No vehicle shall be permitted to stand or be parked upon any street,
alley or public thoroughfare unless the same bears a current safety inspection
sticker, as provided by the Vehicle Code.
[Amended 3-23-1998]
No vehicle shall be stored or permitted to remain parked upon any street,
alley, or public thoroughfare continuously for a longer period than 72 hours.
[Added 3-23-1998]
No person in charge of or in control of premises, whether as owner,
lessee, tenant, occupant or otherwise, shall allow a motor vehicle which is
unlicensed or not currently inspected, abandoned or disabled or any large
vehicle component, including but not limited to engines, transmissions, axle
housings, frames or bodies, to remain on such property for a period in excess
of 15 days, provided that this section shall not apply with regard to any
vehicle or vehicle component completely contained within an enclosed building.
For purposes of this section, the term "enclosed building" shall mean a roofed
and walled structure built for permanent use. This chapter shall further not
apply with regard to any vehicle or vehicle component on the premises of a
business enterprise operated in a lawful place, other than in a residential
district, and operated in a lawful manner, when the keeping or maintaining
of such a vehicle or vehicle component is necessary to the operation of such
business enterprise or with regard to a vehicle or vehicle component in an
appropriate storage place or depository maintained in a lawful place and manner
by the Township or any other public entity.
[Added 3-23-1998]
It shall be the duty of the Board of Supervisors to serve or cause to
be served a notice upon any person who is in violation of the provisions of
this chapter and to demand the abatement of the violation within 15 days.
[Amended 3-23-1998]
A.
Any person who violates or permits a violation of this chapter,
shall, upon conviction in a summary proceeding brought before a District Justice
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.[1]
B.
Enforcement of this chapter may also be accomplished by any person
who, by reason of another's violation of any provision of this chapter, suffers
special damage to himself different than suffered by other property owners
throughout the Township generally, by way of an action to enjoin or otherwise
abate an existing violation.
[Added 3-23-1998]
If the person so served does not abate the nuisance within 15 days, the Township Supervisors may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged and collected from the person in a manner provided by law, either by filing of a municipal lien or claim by the institution of an action in assumpsit or by relief by bill in equity. The recovery of such cost and expense may be in addition to the penalty imposed as provided in § 228-7 of this chapter.
[Added 3-23-1998]
The notice required by § 228-6 hereof shall be served personally upon the person in violation of this chapter if such person resides in Mahoning Township or upon his agent if such agent has a residence or place of business within the Township. If neither the person in violation of this chapter nor his agent is a resident of the Township and neither has an office within the Township, then such notice shall be sent to the person in violation of this chapter by registered mail to his last known address.
