[HISTORY: Adopted by the Board of Supervisors of the Township of Lancaster 4-7-2004 by Ord. No. 80. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Lancaster Township Abandoned and Junked Motor Vehicle Ordinance."
The following words, terms and phrases, when used in this chapter, shall have the following meanings, except where the context or language clearly indicates or requires a different meaning:
ABANDONED OR JUNKED MOTOR VEHICLE
Any motor vehicle (whether automobile, bus, truck, semitractor, trailer, mobile home, motorcycle or any other vehicle originally intended to be used on public highways) which is abandoned, stored, left outside, or located outside of a private garage; or is permitted or condoned to be abandoned, stored, left outside, or located outside of a private garage; and which meets at least one of the following conditions:
A. 
Is currently unregistered with the Commonwealth of Pennsylvania or any other state, and has not been so registered within the past year; or
B. 
Is currently without a valid inspection sticker issued by the Commonwealth of Pennsylvania or any other state, and has not possessed such a sticker within the past year; or
C. 
Is not operable or is not in condition for legal use on a public highway.
PERSON
Includes any individual person or persons, firm, partnership, corporation, company, whether business, membership, religious, charitable, or otherwise, and any association, club, society, or other unit, organization or entity of any kind.
TOWNSHIP
The Township of Lancaster, Butler County, Pennsylvania.
It shall be unlawful for any person to store or accumulate abandoned or junked motor vehicles, or to permit or condone abandoned or junked motor vehicles to be stored or accumulated, on public or private property within the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 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 article that is violated shall also constitute a separate offense.
A. 
Enforcement as a summary offense. This article regulates property maintenance, health, fire, and public safety and is enforced pursuant to 53 P.S. § 66601(c.1)(2). As such, enforcement of this chapter shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney as permitted under the Pennsylvania Rules of Criminal Procedure No. 83(c) (relating to trial in summary cases).
B. 
Enforcement in equity. In addition to or in lieu of other remedies, the Township, by means of a complaint in equity, may take such other lawful action as is necessary to prevent or remedy any violation, or bring an action to enjoin any violation of this chapter.
This chapter is intended to supplement existing ordinances in regulating activities or conditions hereby classified as nuisances. As such, this chapter does not repeal or amend any prior enacted ordinance nor does this chapter limit the enforcement of any prior enacted ordinance.
If a final decision of a court of competent jurisdiction holds any section, subsection, sentence, clause, phrase, or part of this chapter to be illegal or unconstitutional, such determination shall not affect or impair any of the remaining sections, subsections, sentences, clauses, phrases, or parts of this chapter, which shall remain in full force and effect. It is hereby declared as the intent of the Township that the sections, subsections, sentences, clauses, phrases, or parts of this chapter shall be severable and that this chapter would have been adopted if any such illegal or unconstitutional section, subsection, sentence, clause, phrase, or parts had not been included.