[HISTORY: Adopted by the Board of Commissioners of the Township
of Stowe 7-8-2003 by Ord. No. 860, of the 1993 Code of Ordinances. Amendments noted where
applicable.]
The following words shall have the meaning set forth herein,
unless the context clearly indicates a different meaning:
A vehicle (other than a pedalcycle) shall be presumed to
be abandoned under any of the following circumstances, but the presumption
is rebuttable by the preponderance of the evidence:
If the vehicle is physically inoperable and is left unattended
on a highway or other public property for more than 48 hours.
The vehicle has remained illegally on a highway or other public
property for a period of more than 48 hours.
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.
Vehicles or 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 shall not be considered to be abandoned.
Those activities which are required to keep a motor vehicle
in operating condition under the state inspection laws or to maintain
a clean cosmetic appearance, including, but not limited to: washing
and waxing; the replacement of minor exterior parts, including wiper
blades, lighting fixtures and the changing of tires; the replacement
of other minor exterior components, so long as there is no hazard
or nuisance to the general public.
An abandoned vehicle under Subsection C of the definition
of "abandoned vehicle" which is incapable of safe operation for use
on roadways or highways and which has no resale value except as a
source of parts or scrap only; a salvage vehicle issued a nonrepairable
or nonrebuildable vehicle documented by another state or a vehicle
which a salvage or vehicle salvage dealer designates as a source for
parts or scrap or which the owner irreversibly designates as a source
for parts or scrap. Such vehicle may not be issued a certificate of
title or certificate of salvage.
An individual person, firm or corporation.
Any mechanical work on a motor vehicle which is not herein
defined as "maintenance."
With respect to an abandoned vehicle, a determination by
police and a salvor as to the condition or value of the abandoned
vehicle. The determination shall be one of the following:
All of the roads, streets, alleys, sidewalks or grass plots
within the legal rights-of-way of the Township of Stowe.
It shall be unlawful for any person to make repairs to any motor
vehicle in the public streets and/or rights-of-way of the Township
of Stowe.
Unless it poses a nuisance or safety hazard to passersby, the
routine maintenance of motor vehicles in the public streets and/or
rights-of-way as defined herein is hereby permitted.
It shall be unlawful for any person to store new or used motor
vehicle parts on the public streets and/or rights-of-way.
A vehicle shall be considered abandoned once it fits the definition of § 648-1 of this chapter and is left on public property for at time period in excess of 48 hours or on private property without the property owner's permission in excess of 24 hours.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not less than $100 and not more than $300, together with
cost of prosecution, provided that each violation of this chapter
shall constitute a separate offense.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, section
or parts of this chapter. It is hereby declared as the intent of the
Township of Stowe that this chapter would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
