[HISTORY: Adopted by the Borough Council of the Borough of
Lansdowne 8-15-1967 by Ord. No. 855. Amendments noted where applicable.]
The following definitions shall apply to the interpretation
and enforcement of this chapter:
Vehicles which by their appearance are unused. Evidence for
such determination shall be general appearance, damage, partial dismantling,
lack of current registration or inspection sticker, location on property
and general circumstances surrounding such vehicle. An abandoned vehicle,
not otherwise a nuisance, shall not include a vehicle in an enclosed
building and a vehicle on the premises of a business enterprise operated
in a lawful place and manner when necessary to the operation of such
business.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any real property within the Borough which is not a street
or highway.
The entire width between the boundary lines of every street
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
A machine propelled by power other than human power designed
to travel along the ground by use of wheels, treads, runners or slides
and to transport persons or property or pull machinery and shall include,
without limitation, automobiles, trucks, trailers, motorcycles, tractors
and construction equipment.
The registered owner of record of any real estate or the
tenant, lessee, occupant or other person for the time being in possession
of such real property.
No person shall permit any abandoned vehicle to remain on the
streets or highways or other property within the Borough of Lansdowne
for a period of more than 72 hours.
Whenever an abandoned vehicle is determined to be a nuisance
and in violation of this chapter by the Chief of Police or the Police
Committee of the Borough Council or the Borough Council, notice shall
be given to either the vehicle owner or the property owner or both
persons to remove such vehicle within 72 hours. Failure to remove
such vehicle within 72 hours shall be a violation of this chapter.
The Chief of Police or the Borough Manager or persons designated
by them are hereby authorized to remove any abandoned vehicle declared
to be a nuisance and not removed by the vehicle owner or property
owner in accordance with this chapter. Such vehicle shall be impounded
in an appropriate storage area within or outside of the Borough. Any
impounded vehicle may be lawfully claimed and delivered to the owner
upon payment of the costs of removal and storage, together with a
penalty of 10% of such cost.
Any impounded vehicle may be destroyed or sold for junk when
authorized by the Secretary of Revenue in accordance with Section
1223 of the Vehicle Code.[1] At the election of the Chief of Police or the Borough
Manager, impounded vehicles may be sold for unpaid storage charges
in accordance with the Act of 1863, December 14, P.L. 1127,[2] or any other authorized mode of destruction, sale or disposition.
[Amended 9-21-1988 by Ord. No. 1080; 6-16-1999 by Ord. No. 1155]
Any person violating or failing to comply with any of the provisions
of this chapter shall be guilty of a summary offense and, upon conviction,
shall be fined in an amount not exceeding $600, plus the cost of prosecution
and the cost incurred by the Borough in the enforcement of this chapter.
In default of payment of the fine or penalty imposed and the costs,
such person shall be committed to the county jail for a period not
exceeding 30 days. Enforcement of this chapter shall be in accordance
with Article XXXIII of the Borough Code.[1] Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such
hereunder.
[1]
Editor's Note: See 53 P.S. § 45101 et seq.
