[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence 8-16-2006 by Ord. No. 06-03. Amendments noted where
applicable.]
This chapter shall be known and be cited as
the "Independence Township Junked or Abandoned Motor Vehicle Ordinance."
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meanings herein indicated:
A motor vehicle (other than a pedalcycle), boat
(powered or unpowered), motor home, travel trailer, and utility trailer,
shall be presumed to be abandoned under any of the following circumstances,
but the presumption is rebuttable by a preponderance of the evidence:
The item is physically inoperable and is left
unattended on a highway or other public property for more than 48
hours;
The item has remained on private property without
the consent of the owner or person in control of the property for
more than 48 hours;
The item does not have any of the following:
A valid registration plate;
A valid certificate of inspection;
An ascertainable vehicle identification number;
A current license plate;
Any other required state or federal license,
registration or certificate;
The appearance of being usable for the purpose
normally ascribed to said item without being repaired, restored or
refurbished.
Vehicles and/or equipment used or to be used
in construction or in the operation of maintenance of highways and/or
public utility facilities for a project or projects which are currently
underway shall not be considered to be abandoned; likewise, racecars,
antique or classic vehicles (being more than 20 years of age) and
collector vehicles that are completely obscured from view by a cover
or material designed for such purpose and/or are enclosed as required
herein, shall not be considered to be abandoned.
Any partnership, association, firm, corporation or other
legal entity.
Includes but is not limited to the Township Code Enforcement
Officer, any municipal police officer authorized to act on behalf
of the Township and any and all Pennsylvania State Police.
[Amended 5-16-2012; 5-21-2014]
Independence Township, Washington County, Pennsylvania.
A.
No person shall permit, allow or maintain any junked or abandoned vehicle as defined hereinabove to be on any premises within the Township unless in conformity with this chapter or any other ordinance of the Township, including but not limited to Chapter 241, Junkyards and Junk Dealers.
B.
No person shall permit the storage of any junked,
abandoned or inoperable vehicle as defined herein on private property
unless in conformity with this chapter.
C.
In limitation of the foregoing, an item that otherwise
meets the definition of "junked or abandoned vehicle" may be permitted
if under active repair and the same is limited to no more than one
vehicle and is not visible from the street that fronts the subject
property; additionally, any of the same in a duly existing and permitted
junkyard or commercial repair facility. Likewise and otherwise, a
junked or abandoned vehicle may be maintained on a premises if the
same is completed garaged or fully covered when not being worked on
and limited to no more than two junked or abandoned vehicles.
D.
Any vehicle found in violation of this chapter shall
be subject to removal pursuant to 75 Pa.C.S.A. § 102 et
seq.
Antique and classic vehicles are defined in
conformity with the Pennsylvania Motor Vehicle Code.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus all costs of prosecution,
including, but not limited to, attorneys' fees, and in default of
payment thereof, shall be imprisoned for a term not to exceed 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. All fines and penalties collected for the violation of this
chapter shall be paid to the Township Treasurer.
In addition to the remedies provided in this
chapter and/or the Pennsylvania Motor Vehicle Code, any continued
violation of this chapter shall constitute a public nuisance in fact
and/or which, in the opinion of the Board of Supervisors, constitutes
a nuisance may be abated by a proceeding against the violator in any
court of equity for relief and therein the violator shall be liable
for any and all court costs, attorney's fees, and expenses incurred
by the Township.
All ordinances or parts of ordinances regulating
the subject matter of this chapter shall remain in full force and
effect and therein the Township may maintain a prosecution and/or
action under any or all of said ordinances with no exclusion as to
the same.
