[HISTORY: Adopted by the Board of Supervisors (now Board
of Commissioners) of the Township of Pocono 6-6-1982 by Ord. No. 39
as Ch. 5, Sub. A, Sections 5.1 through 5.3, of the 1982 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
An "abandoned vehicle" is defined in the Pennsylvania Vehicle
Code, 75 Pa. C.S.A. § 102, effective July 1, 1977, and may
from time to time be amended.
An automobile, truck, trailer, motorcycle, bus, motor home,
motorized camper, motor scooter, snowmobile, watercraft, aircraft,
or other motor vehicle that does not display a current license plate
or valid inspection sticker, or is otherwise partially dismantled,
wrecked, or has major parts missing, such as wheels, windshields,
doors or motors, or is in an inoperable condition.
[Amended 8-3-2020 by Ord.
No. 2020-05]
An area visible from public streets, roads or adjoining properties
that are not totally enclosed and which contains two or more junk
vehicles or is being used for the storage or discarding of garbage
or other organic waste material, paper, rubbish, rags, refuse, scrap
metal, machinery, furniture, stoves, containers, refrigerators, hot
water heaters, plastic or metal pails and drums, construction equipment
which is no longer serviceable, container boxes, or other waste materials
of an offensive nature or unsightly nature.
[Amended 8-3-2020 by Ord.
No. 2020-05]
A.Â
It shall be deemed unlawful for any person, owner, lessee, tenant,
occupant or person otherwise in charge of or in control of premises
within Pocono Township to have or keep junk vehicles or create a junkyard
on property within Pocono Township if such condition constitutes a
nuisance in fact.
B.Â
The leaving, discarding or storing of abandoned vehicles, junk or waste material of a type described in § 235-1, definition of "junkyard," of this chapter, on or along any public road or public lands is prohibited.
C.Â
A vehicular junkyard or graveyard that existed in Pocono Township
prior to January 1, 1972, the date of enactment of the Pocono Township
Zoning Ordinance, may continue to exist and operate with a certificate
of nonconformance issued by the Zoning Officer of Pocono Township
if such facility continues to operate in conformance of the laws of
the Commonwealth of Pennsylvania and does not constitute a health
hazard or otherwise affect the safety and general welfare of the public.
This exception shall not apply to a nonconforming use which has been
abandoned as provided in the Zoning Ordinance.[1]
[Amended 8-3-2020 by Ord. No. 2020-05]
D.Â
The provisions of this chapter do not apply to new and used car dealers
who park new or used motor vehicles for sales display on private land
zoned for this purpose. Excluded also are those vehicles classified
as an "antique motor vehicle" by the Vehicle Code of Pennsylvania,
said classification consisting of any self-propelled 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.
E.Â
It shall be a defense to prosecution under this chapter that a wrecked
vehicle stored on private property is waiting for insurance adjustment
and repair.
F.Â
Upon notification issued by the Township Code Enforcement Officer
to any individual, partnership, association or corporation, or any
other entity who is in violation of the requirements of this chapter,
the person or entity shall have 30 days to repair, sell, or otherwise
remove the specified waste materials or junk vehicles.
[Amended 8-3-2020 by Ord. No. 2020-05]
G.Â
With respect to abandoned vehicles, the Police Department shall proceed
in accordance with the provisions of the Vehicle Code, 75 Pa. C.S.A.
§ 7301, by giving written request to a salvor to remove
the vehicle.
[Amended 8-3-2020 by Ord. No. 2020-05]
Any violation of this chapter which has not been corrected within
the time frame set forth in the notice of violation shall be enforced
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. Any person, partnership,
corporation or other entity who or which violates or permits a violation
of the provisions of this chapter shall, upon conviction in a summary
proceeding, pay a fine of not less than $100 nor more than $500 per
violation, plus all court costs and reasonable attorney's fees
incurred by the Township in the enforcement proceedings, and/or be
imprisoned to the extent allowed by law for the punishment of summary
offenses. Each day or portion thereof that a violation exists or continues
shall constitute a separate violation. Further, the appropriate officers
or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance with this chapter.
All fines, penalties, costs and reasonable attorneys' fees collected
for the violation of this chapter shall be paid to the Township for
its general use.
[Added 8-3-2020 by Ord.
No. 2020-05]
This chapter shall be enforced the Township Code Enforcement
Officer or such other officials as may be designated by the Board
of Commissioners from time to time.
