[HISTORY: Adopted by the Board of Commissioners of the Township of South Whitehall 6-7-2000 by Ord. No. 714. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 126.
Junk dealers and scrap yards — See Ch. 204.
Littering — See Ch. 213.
Solid waste — See Ch. 288.
Zoning — See Ch. 350.
This chapter shall be known as the "Junk Automobile, Machinery and Equipment Ordinance."
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner, for the purpose of this chapter, when the lessor holds the lessee responsible for maintenance and repairs.
MOTOR VEHICLE
Any type of mechanical device, propelled by a motor, designed such that persons or property may be transported upon public streets or highways and including trailers or semitrailers pulled thereby.
NUISANCE
Any condition, structure or improvement which shall constitute a danger or potential danger to the health, safety or welfare of the citizens of the Township.
OWNER
The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or corporation.
PERSON
A natural person, firm, partnership, association, corporation or other legal entity.
B. 
In this chapter, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person, owner or lessee to maintain a motor vehicle nuisance upon the open private grounds of such person, owner or lessee within the Township. A motor vehicle nuisance shall include any motor vehicle which is unlicensed and has any of the following physical defects:
A. 
Broken windshields, mirrors or other glass with sharp edges.
B. 
One or more flat or open tires or tubes which could permit vermin harborage.
C. 
Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.
D. 
Any body parts with sharp edges including holes resulting from rust.
E. 
Missing tires resulting in unsafe suspension of the motor vehicle.
F. 
Upholstery which is open which could permit animal and/or vermin harborage.
G. 
Broken headlamps or taillamps with sharp edges.
H. 
Protruding sharp objects from the chassis.
I. 
Broken vehicle frame suspended from the ground in an unstable manner.
J. 
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
K. 
Exposed battery containing acid.
L. 
Locking mechanisms for doors or bunk that would allow a person to become trapped within the vehicle.
M. 
Open or damaged floor boards including trunk and fire wall.
N. 
Broken grill with protruding edges.
O. 
Loose or damaged metal trim and clips.
P. 
Suspended or unstable supports.
A. 
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 197-3, above, may store such vehicle(s) in the Township only in strict compliance with the regulations provided herein. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or, outside within an opaque fence at least six feet high which is locked at all times when unattended, with a gate adequate to admit fire and emergency equipment.
B. 
In addition, all gas and oil or other flammable liquid shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored.
C. 
Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of Chapter 350, Zoning.
A. 
It shall be unlawful for any person, owner or lessee to store or maintain abandoned, unused stripped, damaged and generally unusable appliances, machinery, equipment and/or construction materials in the open on private property. Such storage shall constitute a nuisance and/or health hazard if any of the following conditions exist:
(1) 
Broken glass or metal parts with sharp or protruding edges.
(2) 
Containers which are conducive to the harboring and growth of vermin or animals.
(3) 
Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt or fall from its original storage position.
(4) 
Containers of any liquid or material of a hazardous or potentially hazardous nature including, but not limited to, gasoline, oil, battery acids, refrigeration agents and poisons.
(5) 
Any other condition which shall threaten the health, safety or welfare of the citizens.
(6) 
Refrigerators with doors remaining attached.
B. 
Rodents or other vermin are seen accessing or utilizing the appliances, machinery, equipment or construction materials.
A. 
Storage of such items as listed in § 197-5, above, on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Township ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in § 197-5, above, may only store such items within a garage or other enclosed building or, outside, within an opaque fence at least six feet high which is locked at all times when unattended, with a gate adequate to admit fire and emergency equipment.
B. 
In addition, all appliances, machinery, equipment and construction materials shall be kept free of vermin infestation while being stored; and all gas, oil, Freon and other potentially hazardous substances shall be removed. The total area of storage of such items may not exceed 100 square feet.
C. 
Nothing herein shall be construed to permit the storage of appliance, machinery, equipment or material nuisances contrary to the provisions of Chapter 350, Zoning.
A. 
All Code Enforcement Officers are hereby empowered, to the extent authorized by law, to inspect private property on which motor vehicle nuisances, appliances, machinery, equipment and/or various construction materials are stored or are located 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 poses a danger to the health, safety or welfare of the public, the Code Enforcement Officer shall issue a written notice to be served by registered or certified mail upon the owner of said premises, or, if the owner's whereabouts or identify be unknown, by posting the notice conspicuously upon the offending premises.
B. 
Said notice shall specify the condition considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the condition as set forth in the notice within 10 days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.
If the owner of property on which a motor vehicle nuisance, appliances, machinery, equipment and/or construction materials are stored does not comply with the notice to abate the nuisance, within the time limit prescribed, the Township shall have the authority to, and may, take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,000 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).