[HISTORY: Adopted by the Board of Supervisors of the Township of Maidencreek 11-13-1997 by Ord. No. 155. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears form the context:
- 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, in which persons or property may be transported upon public streets or highways and including trailers or semitrailers pulled thereby.
- Any condition, structure or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of the Township of Maidencreek.
- The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or corporation.
- A natural person, firm, partnership, association, corporation or other legal entity.
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.
No person, firm, partnership, association, corporation, company or organization of any kind shall abandon or permanently park a motor vehicle on or along any of the streets or roadways in Maidencreek Township or on property other than their own, except where the property permits the depositing of the same in accordance with the applicable provisions of Chapter 220, Zoning.
A motor vehicle which has remained on such property without the consent of the owner or on or along any of the streets or highways of the Township of Maidencreek, Berks County, Pennsylvania, for a period exceeding 15 days, shall be prima facie evidence of such abandonment. Provided, that motor vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned motor vehicles for the purpose of this section.
Any motor vehicle in such a state of disrepair as to be incapable of being moved under its own power, or with any tire missing, or without wheel or wheels, or with any window broken or missing, or in a dismantled condition, or without current license plates, or without current inspection sticker and such motor vehicle has remained in such condition for a period exceeding three days, shall be prima facie evidence of such evidence of such abandonment.
No person who owns or who is in charge or control of any real property within the Township of Maidencreek, Berks County, Pennsylvania, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating wrecked, junked, discarded or abandoned motor vehicle to remain on such property longer than 15 days; except that this provision shall not apply with regard to a motor vehicle in an enclosed building; a motor vehicle on the premises of a business enterprise operation in a lawful place and manner when necessary to the lawful operation of such business enterprise; or a motor vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Township of Maidencreek, Berks County, Pennsylvania.
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 of Maidencreek. A motor vehicle nuisance shall include any motor vehicle which is unable to move under its own power and has any of the following physical defects:
Broken windshields, mirrors or other glass, with sharp edges;
One or more flat or open tires or tubes which could permit vermin harborage;
Missing doors, windows, hood, trunk or other body parts which could permit animal harborage;
Any body parts with sharp edges, including holes resulting from rust;
Missing tires resulting in unsafe suspension of the motor vehicle;
Upholstery which is torn or open which could permit animal and/or vermin harborage;
Broken headlamps or tail lamps with sharp edges;
Disassembled chassis apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle;
Protruding sharp objects form the chassis;
Broken vehicle frame suspended from the ground in an unstable manner;
Leaking or damaged oil pan or gas tank which could cause fire or explosion;
Exposed battery containing acid;
Inoperable locking mechanism for doors or trunk;
Open or damaged floor boards, including trunk and firewall;
Damaged bumpers pulled away from the perimeter of vehicle;
Broken grill with protruding edges;
Loose or damaged metal trim and clips;
Broken communication equipment antennas;
Suspended on unstable supports;
Such other defects which could threaten the health, safety and welfare of the citizens of the Township of Maidencreek.
No person, firm, partnership, association, corporation, company or organization of any kind shall continuously park any motor vehicle, including recreation vehicles, mobile camper vehicles and/or boats upon any Township road or state highway in an unrestricted parking area for a period of time in excess of three days. Such situations shall be deemed as motor vehicle nuisances. Said three-day period shall be computed from the date such parked motor vehicle was first observed or called to the attention of the Maidencreek Code Enforcement Officer of the Township of Maidencreek, Berks County, Pennsylvania.
In the event of a violation as determined in § 200-4, the charges that shall be imposed upon the owner/lessee for the towing and storage of any motor vehicle removed and impounded under the authority of this chapter shall be as set forth from time to time by resolution of the Board of Supervisors.
Within 12 hours after the time of removal of any motor vehicle under authority granted by this chapter, notice of the fact that such motor vehicle has been impounded shall be sent by the Maidencreek Township Code Enforcement Officer to the owner or lessee of such motor vehicle. Such notice shall designate the place from which said motor vehicle was removed, the reason for its removal and impounding and the pound in which it has been impounded.
The Maidencreek Township Code Enforcement Officer is hereby authorized to enter upon private property at all reasonable hours for the purpose of inspecting motor vehicles, posting notices thereon, and removing and impounding such motor vehicles, and it shall be unlawful for any person to prevent any officer of the Northern Berks Regional Police Department from entering on private property for purposes of carrying out its duties hereunder or to interfere with them in the lawful performance of its duties under provisions of this chapter.
In addition to the towing charges and storing charges as set forth in § 200-5 above, any person, owner or lessee who is determined to be in violation of this chapter shall be subject to the civil enforcement procedures and fines and schedule fines as set forth in Chapter 1, General Provisions, Article I, General Penalty.