Borough of New Salem, PA Chapter 217 Vehicles, Abandoned

[HISTORY: Adopted by the Borough Council of the Borough of the Borough of New Salem 1-6-2004 by Ord. No. 2-2004. Amendments noted where applicable.]

GENERAL REFERENCES

Property maintenance — See Ch. 159.

§ 217-1 Keeping of certain vehicles prohibited; exception.

A. It shall be unlawful for any person (which term shall include any individual, partnership, firm, association, corporation or other legal entity) to keep on any street, alley, public way or open areas of private property within the Borough of New Salem any motor vehicle which:

(1) Is partially or fully dismantled.

(2) Is in a state of disrepair.

(3) Is missing the hood, trunk lid, tires, or any doors or windows.

(4) Contains broken glass, sharp metal edges or any other dangerous condition likely to cause injury.

(5) Is incapable of passing a Commonwealth of Pennsylvania inspection.

(6) Is kept in such a way as to allow vegetation to grow in or around it.

(7) Is kept in such a way as to allow animals, insects or vermin to occupy it or the area around it.

(8) Is leaking any fluids which may be absorbed in the ground or be washed or discharged into the stormwater runoff system of the Borough.

B. Subsection A(1) through (5) shall not be applicable to vehicles being used by emergency service organizations for training, provided that the vehicles in the condition described above are not on the premises longer than 14 days prior to the date of the training and are removed not more than 10 days after the end of the training. In addition, such vehicles shall be covered by a tarp or other secure covering when not in use for training.

§ 217-2 Abandoned vehicles declared a nuisance; abatement required.

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.

§ 217-3 Definitions.

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.[1]

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 217-4 Abandonment prohibited.

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.[1]

[1] Editor's Note: Original Section 5, defining an “abandoned vehicle,” has been moved and incorporated as part of § 217-3, Definitions.

§ 217-5 Removal of abandoned vehicles; fee.

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.

§ 217-6 Violations and penalties. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 217-7 Additional remedies.

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.