[HISTORY: Adopted by the Board of Supervisors
of the Township of Exeter 9-28-1992 by Ord. No. 332. Amendments noted where
applicable.]
A.
This chapter shall be known as the "Exeter Township
Junk Car Ordinance of 1992."
B.
This chapter establishes regulations and restrictions
for motor vehicle nuisances in Exeter Township. Except as hereinafter
provided, no motor vehicle nuisances in Exeter Township shall be stored
unless in conformity with this chapter.
C.
This chapter is enacted to promote the public health,
safety and general welfare for the residents and occupants of Exeter
Township.
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
For the purpose of this chapter, certain terms and
words are defined as follows:
Owner for the purpose of this chapter when the lessor holds
the lessee responsible for maintenance and repair.
Any type of mechanical device, propelled by motor, in which
persons or property may be transported, including trailers or semitrailers
pulled thereby.
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the Township of Exeter.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
B.
The word "shall" is mandatory.
A.
A motor vehicle nuisance shall include any motor vehicle
which has any of the following 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, trunk 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 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 condition.
(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 or trunk.
(14)
Open or damaged floorboards, 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 clips.
(18)
Broken communication equipment antennae.
(19)
Such other defects which could threaten the health,
safety and welfare of the citizens of the Township of Exeter.
B.
A motor vehicle nuisance shall further include parts
of motor vehicles, such as engine blocks, fenders, quarter panels,
etc.
A.
No person, owner or lessee may store any motor vehicle
nuisance on public or private streets, on public or private rights-of-way
or on property other than that owned or leased by him.
B.
No person, owner or lessee may store more than one
motor vehicle nuisance outside in the open. Said motor vehicle shall
be covered with a tarpaulin or similar device, and shall be kept only
in the driveway.
C.
No person, owner or lessee may store more than three
motor vehicle nuisances. These shall be stored within a locked, enclosed
building or within an enclosed opaqued fence high enough to hide all
the motor vehicle nuisances from view (minimum six feet high) with
a gate(s) locked at all times when unattended. Said fence shall be
set back five feet from all property lines.
D.
All gas, oil and other flammable liquids shall be
removed from the motor vehicle nuisance(s), and they shall be kept
free of animal and/or vermin infestation while being stored.
E.
The total area of motor vehicle nuisances stored on
any one property shall not exceed 500 square feet.
F.
Motor vehicle nuisances shall not be stacked on top
of each other.
[Amended 11-13-2017 by Ord. No. 786]
A.
The Board of Supervisors of the Township, or any officer or employee
of the Township designated thereby for the purpose, is hereby empowered
to inspect grounds on which motor vehicles are stored to determine
if there is compliance with the provisions of this chapter. If noncompliance
with the provisions of this chapter constitutes a nuisance, or if
any condition, structure or improvement imposes a threat to the health,
safety or welfare of the public, notice shall be given in any one
of the following ways:
(1)
By personal delivery of the notice to the owner, tenant, or lessee
of the premises;
(2)
By leaving the notice with an adult upon the premises;
(3)
By attaching a copy of the notice to the door at the entrance of
the premises in violation; or
(4)
By mailing, by certified mail, the notice to the last known address
of the owner of the premises.
B.
Said notice shall specify the condition, structure or improvement
complained of, and shall require the owner and/or occupant to remove
or otherwise rectify the condition or structure or improvement as
set forth therein within 10 days of said notice.
[Amended 11-13-2017 by Ord. No. 786]
If the owner and/or lessee of grounds on which motor vehicles
are stored does not comply with the notice to abate the conditions
within the time limit prescribed, the Township shall have the authority
to take measures to correct the conditions and collect the costs of
such corrections. The Township, 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.
[Amended 8-13-2007 by Ord. No. 640]
Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
