[HISTORY: Adopted by the Borough of Hanover 8-24-2022 by Ord. No. 2328.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 342, Vehicles, Abandoned or Junked, adopted 7-17-1974 by Ord. No. 1618.
The following words and phrases, when used in this chapter, shall, for the purpose of this chapter, have the following meanings, except in those instances where the context clearly indicates a different meaning, or where they are otherwise defined in the Vehicle Code:
ABANDONED VEHICLE
A. 
A vehicle shall be presumed to be abandoned under any of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence:
(1) 
The vehicle is physically inoperable and is left unattended on a highway or other public property for more than 48 hours.
(2) 
The vehicle has remained illegally on a highway or other public property for a period of more than 48 hours.
(3) 
The vehicle is left unattended on or along a highway or other public property for more than 48 hours and does not bear all of the following: i) a valid registration plate; ii) a current certificate of inspection; and iii) an ascertainable vehicle identification number.
(4) 
The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 24 hours.
(5) 
The vehicle has remained on the private property of a salvor for 20 days.
B. 
The definition of "abandoned vehicle" shall not include vehicles and equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic.
INOPERABLE VEHICLE
A vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed or not properly licensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
JUNKED VEHICLE
Any vehicle, or parts thereof, not in running condition left or stored in the open, and not in such an enclosure as is reasonably calculated to prevent children from playing on or about such motor vehicle and/or detrimental to the general appearance and character of the immediate neighborhood. A junked vehicle includes an inoperable vehicle.
MOTOR VEHICLE
Any vehicle, machine or equipment which is powered or self-propelled and any trailer or semitrailer designed for use with such vehicles.
PERSON
Any natural person, firm, partnership, association, corporation, company, or any organization of any kind.
PROPERLY REGISTERED VEHICLE
Any vehicle which is currently and validly registered in the state in which the vehicle is titled.
SALVOR
A person engaged in the business of acquiring abandoned vehicles for the purpose of taking apart, recycling, selling, rebuilding, or exchanging the vehicles or parts thereof or other person that has received an authorization from the Pennsylvania Department of Transportation as set forth in Section 7301 of the Vehicle Code.[1]
VEHICLE
Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability. A vehicle includes a motor vehicle.
VEHICLE CODE
Title 75 of the Pennsylvania Consolidated Statutes, 75 Pa.C.S.A. § 101 et seq.
[1]
Editor's Note: See 75 Pa.C.S.A. § 7301.
A. 
It shall be unlawful for any person to park or store or to permit another person to park or store in the open on private or public property within the Borough of Hanover, York County, Pennsylvania, any abandoned vehicle or junked vehicle in any manner that violates this chapter.
B. 
It shall be unlawful for a person to park or leave unattended a vehicle on private property without the consent of the owner or person in control or possession of the property, except in the case of emergency or disablement of the vehicle, in which case the vehicle owner or operator shall remove the vehicle as soon as practicable.
A. 
A vehicle shall be presumed abandoned if it meets any of the criteria listed in the definition of "abandoned vehicle."
B. 
The Borough Manager, code enforcement officer, or any police officer or employee of the Borough designated for the purpose, may process all presumed abandoned vehicles. The designated individual shall complete an abandoned vehicle report on each vehicle declared abandoned, and upon completion of the report, shall forward it to a salvor. The report shall serve as an authorized written request for the salvor to remove, possess, and further process the abandoned vehicle. The report shall contain the following information:
(1) 
Make and model.
(2) 
Vehicle identification number.
(3) 
Registration plate number.
(4) 
Name and address of owner or person who abandoned the vehicle, if known.
(5) 
The vehicle's status as a vehicle with value, a salvage vehicle, or a nonrepairable vehicle as defined in the Vehicle Code.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 102.
(6) 
Name, badge number, and signature of the police officer and police department or the name and signature of the individual completing the report.
(7) 
Any other information required by the Vehicle Code.[2]
[2]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
C. 
Notwithstanding any other provision of this chapter, the Borough Manager, code enforcement officer, or any police officer or employee of the Borough designated for the purpose, is authorized to give notice, by personal service or by United States Mail, to the owner and/or the lessee of the premises where an abandoned vehicle is parked or stored in violation of this chapter, directing and requiring the owner and/or lessee to remove said abandoned vehicle from the premises within seven days after the issuance of such notice. In the event any person neglects, fails, or refuses to comply with such notice within the seven days, the Borough may remove the abandoned vehicle parked and/or stored in violation of this chapter, and the cost thereof, together with any additional penalty authorized by law, may be collected by the Borough from such person in the manner provided by law, including the collection of municipal claims, or by action of assumpsit, or by bill in equity.
A. 
A vehicle shall be presumed junked if it meets the definition of "inoperable vehicle" or "junked vehicle." The following conditions shall also be considered individually and/or collectively to determine the status of a vehicle as junked:
(1) 
Failure to have properly registered vehicle and/or required or current and valid safety inspection.
(2) 
Broken headlamps or tail lamps, or broken windshields, mirrors, or other glass with sharp edges.
(3) 
One or more flat or open tires or tubes that could permit infestation.
(4) 
Torn or open upholstery, missing doors, windows, hoods, trunks, or other body parts which could facilitate the harboring of animals and/or other infestation.
(5) 
Any body parts with sharp edges, including holes resulting from rust.
(6) 
Missing tires resulting in unsafe suspension of the motor vehicle.
(7) 
Protruding sharp objects from the chassis or disassembled chassis parts apart from the vehicle stored in an unsafe fashion or loose in or on the vehicle.
(8) 
Suspended on unstable supports or broken vehicle frames suspended from the ground in an unstable manner.
(9) 
Exposed battery containing acid or leaking or damaged oil pan or gas tank, or any other vehicle fluid that could cause fire or explosion, environmental impact or harm.
(10) 
Inoperable locking mechanisms.
(11) 
Open or damaged floorboards, including trunk and firewall.
(12) 
Damaged bumpers pulled away from the perimeter of the vehicle or broken grill with protruding edges.
(13) 
Loose or damaged metal trim and clips or broken communications equipment and antenna.
(14) 
Such other defects that may threaten the health, safety, and welfare of the citizens of the Borough.
B. 
The Borough Manager, code enforcement officer, or any police officer or employee of the Borough designated for the purpose, is authorized to give notice, by personal service or by United States Mail, to the owner and/or the lessee of the premises where a junked vehicle is parked or stored in violation of this chapter, directing and requiring the owner and/or lessee to remove said junked vehicle from the premises within seven days after the issuance of such notice. In the event any person neglects, fails, or refuses to comply with such notice within the seven days, the Borough may remove the junked vehicle parked and/or stored in violation of this chapter, and the cost thereof, together with any additional penalty authorized by law, may be collected by the Borough from such person in the manner provided by law, including the collection of municipal claims, or by action of assumpsit, or by bill in equity.
Vehicles classified as abandoned or junked pursuant to § 342-3 or 342-4 of this chapter may be parked or stored only on property that is under a valid zoning permit, which permits such parking or storage, pursuant to Ordinance No. 2310.
A. 
Nothing in this chapter shall be interpreted to limit or prohibit the Borough from enforcing any and all applicable provisions of the Property Maintenance Code[1] of the Borough of Hanover or any other code, ordinance, or regulation, separately or together with the provisions of this chapter.
[1]
Editor's Note: See Ch. 265, Property Maintenance.
B. 
Any person who fails, neglects, or refuses to comply with any of the provisions of this chapter within seven days after receiving the notice as provided for in §§ 342-3 and 342-4 of this chapter shall, upon conviction thereof, be sentenced to the penalties as provided for in Chapter 1, Article I, General Penalty, enacted December 29, 1954. Each day that a violation of this chapter shall continue shall be deemed a separate violation.