[HISTORY Adopted by the Board of Supervisors
of the Township of Lower Salford as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-1-1959 by Ord. No. 59-8]
The practice of throwing, depositing or dumping any paper, trash, rubbish, ashes, junk, waste, garbage or discarded materials, carcasses or matter of any kind in or on any private or public property, vacant or occupied, within the Township of Lower Salford, or of maintaining any accumulations of such materials in or on any public or private property, vacant or occupied, within said Township, other than in accordance with regulations hereinafter set forth in § 112-5, shall be deemed to be and constitute a nuisance and is hereby prohibited.
A.
The practice of storing or depositing any abandoned
or junked automobiles, vehicles, machinery or discarded equipment
of any kind, or parts thereof, in or on any public or private property,
vacant or occupied within the Township of Lower Salford shall be deemed
to be and constitute a nuisance, and is hereby prohibited.
B.
ABANDONED OR JUNKED AUTOMOBILE, TRUCK OR VEHICLE
(1)
(2)
(a)
(b)
(c)
ANTIQUE MOTOR VEHICLE
CLASSIC MOTOR VEHICLE
REPAIRABLE VEHICLE
Definitions. For the purpose of this section, the
terms used herein are defined as follows:
[Added 5-3-1978 by Ord. No. 78-2]
Any one or more vehicles found to be on public or private
property not within a completely enclosed structure or building, such
as a garage or accessory building, which can be easily secured from
the potential health and safety hazards and which is found to be any
one of the following:
A vehicle for which a certificate of junk has
been issued by the Pennsylvania Secretary of Revenue or the official
designated by any other state to issue such certificates.
Any vehicle, provided that such a vehicle is
not registered with and certified by the Police Department as a repairable
vehicle, in or on which it is found that any of the following conditions
exist:
Its engine or motor or any other essential parts
are inoperable or have been removed for more than 30 days.
Its tires or any tire have been deflated or
its wheel or wheels have been removed for more than 30 days.
It bears no registration plate and/or no official
inspection sticker, or any such sticker is not current by more than
30 days.
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year which has been maintained
in or restored to a condition which is substantially in conformance
with manufacturer specifications.
A self-propelled vehicle, but not a reproduction thereof,
manufactured more than 10 years prior to the current year and, because
of discontinued production and limited availability, determined by
the Pennsylvania Department of Transportation to be a model or make
of significant value to collectors or exhibitors and which has been
maintained in or restored to a condition which is substantially in
conformity with manufacturer specifications and appearance.
Any vehicle in or on which is found any of the conditions
specified under the definition of an abandoned or junked vehicle and
has been registered with the Township of Lower Salford as a vehicle
that will be repaired, properly licensed and inspected within 120
days' time from the date of registration.
C.
Prohibition of abandoned or junk vehicles and registration
of repairable vehicles.
(1)
For any abandoned or junk vehicle on private property
to be considered a repairable vehicle, an application must be made
by the owner of the vehicle to the Township of Lower Salford accompanied
by a registration fee of $5, certifying that the owner intends to
repair said vehicle within 120 days from the date of registration
and to have the vehicle properly inspected, licensed and in operating
condition within the allotted time. Upon application, provided that
the applicant does not already have a repairable vehicle registered
within the Township, the Police Department shall certify that the
vehicle may be registered as a repairable vehicle.
(2)
Any individual or individuals that have registered
a repaired vehicle with the Township of Lower Salford may, with a
fee of $1 and written proof of a requisition for necessary parts yet
to be delivered, renew his application for an additional 120 days
if, and only if, the vehicle in question can be classified as an antique
or classic motor vehicle,
[1]
Editor's Note: Former § 112-4, Sanitary
landfills, as amended, was repealed 2-6-1985 by Ord. No. 85-1.
[Amended 5-6-1964 by Ord. No. 64-6]
Whenever it is found that any person is maintaining a nuisance as defined in §§ 112-1 to 112-3 of this article or is operating a sanitary landfill contrary to the regulations specified in § 112-4 hereof or any of them, any officer or employee of the Township or any policeman of the Township may serve notice thereof requiring that the condition be made safe, corrected or removed, by certified mail or by personally delivering the same to the offender.
Should any person cause or permit the continuance
of a nuisance after 20 days from the date of mailing of the notice
to abate or fail to correct the condition complained of with respect
to a sanitary landfill operation within 10 days from the date of the
mailing of the notice, the Township may, upon resolution of the Board
of Supervisors, cause the removal or abatement of the nuisance or
the correction of the condition complained of by such means as appear
to it necessary. The Township shall, in such event, have the right
and power to enter upon premises causing or contributing to said nuisance
or whereon the defective condition exists to accomplish the abatement
or correction thereof. In addition thereto, the Supervisors may, upon
the expiration of the ten-day period herein specified without the
correction of the condition complained of, forthwith revoke the permit
issued to conduct a sanitary landfill, whereupon the person operating
the same shall cease operations until his permit is restored.
[Amended 8-4-1982 by Ord. No. 82-8]
In the event that the Township shall have expended
moneys to abate a nuisance under the terms of this chapter or to correct
a condition complained of with respect to the operation of a sanitary
landfill, it shall recover the cost thereof, a penalty of 5% and an
attorney's fee of 5% by municipal claim proceedings under the Act
of May 16, 1923, P.L. 207, as amended;[1] by summary proceedings, under the Act of May 1, 1933,
P.L. 103, Article VII, Section 702, Clause XII, as amended;[2] by an action of assumpsit in the Court of Common Pleas of any county where jurisdiction may be obtained, under the Act of May 1, 1933, P.L. 103, Article XXI, Section 2106, as amended;[3] or by such other remedies as may be provided by law, at
the election of the Township.
In addition to such other remedies as shall
be provided for herein, the Township shall have the right to institute
proceedings in equity in a court of appropriate jurisdiction to enforce
the provisions hereof.
[Amended 5-6-1964 by Ord. No. 64-6; 9-19-1996 by Ord. No.
96-3; 6-3-1998 by Ord. No. 98-4; 11-18-1999 by Ord. No. 99-16]
Any person or persons violating any of the provisions
of this article shall be subject to a criminal fine not to exceed
$1,000 per violation and imprisonment in the Montgomery County Correctional
Facility to the extent allowed by law for the punishment of summary
offenses. Enforcement of any such violations shall be by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
A new and separate offense shall be deemed committed for each day
that such violation exists.
This article shall become effective five days after enactment, as provided by law; provided, however, that persons presently operating dumps within the Township shall have a period of 30 days from the effective date of this chapter within which to either cease such operations or comply with the provisions of § 112-4 hereof.
[Adopted 10-4-1961 by Ord. No. 61-3]
A.
HIGHWAY
PERSON
Definitions. The following words, when used in this
article, shall have the meanings ascribed to them in this section:
The entirety of a way or place, of whatever nature, open
to the use of the public as a matter of right, for purposes of vehicular
travel, including the unimproved portion of the right-of-way adjacent
to the cartway.
Any natural person, association, partnership, firm or corporation.
B.
Word usage. The singular shall include the plural,
and the masculine shall include the feminine and neuter.
Whenever any person shall have utilized the
highways of Lower Salford Township in such a manner as to result in
the deposit thereon of substantial quantities of dirt, debris or foreign
matter of any kind or in such a manner as to have created a hazardous
condition or as to have destroyed, blocked or caused deterioration
of drainage on or in drain areas adjacent to said highways, said person
shall immediately cause the correction of said condition or conditions.
[Amended 8-4-1982 by Ord. No. 82-8]
Should any person cause or permit the continuance of any nuisance or dangerous condition set forth in § 112-12 of this article without the commencement of corrective action immediately upon written or oral notification of conditions specified in § 112-12 or by failure to prosecute corrective action to completion within a reasonable time thereafter, the Township may cause the removal, correction or abatement of the condition, structure or improvement constituting a nuisance or danger to the public by such means as appear to it necessary, including construction or reconstruction. The Township shall, in such event, where necessary, have the right and power to enter upon the offending premises to accomplish the foregoing.
[Amended 8-4-1982 by Ord. No. 82-8]
In the event that the Township shall have expended
moneys to remove, correct or abate any condition, structure or improvement
constituting a nuisance or danger to the public under the terms of
this article, it shall recover the cost thereof, a penalty of 5% and
an attorney's fee of 5% by municipal claim proceedings under the Act
of May 16, 1923, P.L. 207, as amended;[1] by summary proceedings, under the Act of May 1, 1933,
P.L. 103, Article VII, Section 702, Clause XII, as amended;[2] by an action of assumpsit in the Court of Common Pleas of Montgomery County under the Act of May 1, 1933, P.L. 103, Article XXI, Section 2106 as amended;[3] or by such other remedies as may be provided by law, at
the election of the Township.
In lieu of removal, correction or abatement
of any condition, structure or improvement constituting a nuisance
or danger to the public by the Township of Lower Salford, the Township
may enforce the provisions of this article by means of a complaint
in equity filed in the Court of Common Pleas of Montgomery County
to compel the offender to do so and to seek such other relief as said
Court is empowered to afford.
[Amended 8-4-1982 by Ord. No. 82-8; 9-19-1996 by Ord. No.
96-3; 6-3-1998 by Ord. No. 98-4; 11-18-1999 by Ord. No. 99-16]
Any person or persons violating any of the provisions
of this article shall be subject to a criminal fine not to exceed
$1,000 per violation and imprisonment in the Montgomery County Correctional
Facility to the extent allowed by law for the punishment of summary
offenses. Enforcement of any such violations shall be by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Each day's continuance of a violation shall constitute a separate
offense.
The remedies herein provided for the enforcement
of the provisions of this article or of any remedy afforded by law
shall not be deemed mutually exclusive and may be employed simultaneously
or consecutively, at the discretion of the Township of Lower Salford.
