Any motor vehicle to which the above section
shall apply is hereby declared to interfere with the health and safety
of persons beyond the boundaries of that property and constitute a
public nuisance. Such vehicles are a public eyesore, attract animals
and insects which may endanger the public health, welfare and safety
of neighboring properties and the community, and also contain gasoline
and other fluids which may leak and enter the ground or watershed.
Any person who creates, continues, causes, maintains or permits to
exist any of the above conditions in the Borough shall, within 10
days after notice to do so, remove or abate that condition.
As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED VEHICLE
A vehicle which shall be presumed to be abandoned under the
following circumstances, but the presumption is rebuttable by a preponderance
of the evidence:
A.
The vehicle is physically inoperable and is
left unattended on a street, alley or other public property for more
than 48 hours.
B.
The vehicle has remained illegally on a street,
alley or other public property for more than 48 hours.
C.
The vehicle is left unattended on or along a
street, alley or other public property for more than 48 hours and
does not bear all of the following:
(1)
A valid registration plate.
(2)
A current certificate of inspection.
(3)
An ascertainable vehicle identification number.
D.
The vehicle has remained on private property
without the consent of the owner or person in control of the private
property for a period of more than 24 hours.
MOTOR VEHICLE
Any vehicle which is self-propelled and also any trailer
or semitrailer designed for use with such vehicles, whether or not
the same is required to be registered under the laws of the Commonwealth
of Pennsylvania.
It shall be unlawful for any person to abandon
a vehicle on any street, alley, public place or private property within
the Borough of New Salem.
The Borough of New Salem is hereby authorized
to contract with any commercial tower who is a licensed salvor for
the lawful removal of abandoned vehicles and is hereby authorized
to impose a fee for the removal thereof against the owner of the vehicle.
This fee shall be in addition to any criminal penalty imposed by this
chapter.
Unless provided for otherwise by law, any person
who shall violate this chapter, upon conviction thereof in a summary
proceeding before a Magisterial District Judge, shall be sentenced
to pay a fine of not more than $600 and costs of prosecution and,
in default of payment of fine and costs, to undergo imprisonment in
the York County Prison for not more than 30 days. In the event the
offender is a juvenile, such failure to pay a fine and costs may result
in the matter being referred to the juvenile justice system for appropriate
disposition.
This chapter shall not be construed to be the
sole means for abatement of the above conditions within the Borough,
and nothing shall preclude any person from proceeding individually
or with other injured persons to effect the abatement of a private
nuisance. Furthermore, in the exercise of the powers conferred in
this chapter, the Borough may institute other proceedings in law or
equity.