(a) Purpose. Borough Council expressly recognizes and finds that the accumulation of junked vehicles creates a hazard or threat or potential threat to the health, safety, or welfare of the Borough’s citizens because such accumulation provides a breeding area for rodents and vermin and because such accumulation provides an attractive nuisance for children who are not aware of the dangers involved.
(b) Definitions. For purposes of this section, the following definitions shall be applicable:
(1) "Junked motor vehicle" means a motor vehicle or trailer which is partially dismantled, unused, unstable or wrecked and which cannot safely or legally be operated on the street or highways of this Borough or Commonwealth. Unlicensed, non-registered and uninspected vehicles shall be included within this definition.
(2) "Motor vehicle" means any self-propelled land vehicle which can be used for towing or transporting people or materials, including but not limited to, automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motorscooters, tractors, snowmobiles, dune buggies, all-terrain vehicles (ATVs), and any other off-the-road vehicles.
(3) "Motor vehicle accessories" mean any part or parts of any motor vehicle as defined in division (b)(2) of this section.
(4) "Person" includes any natural person, firm, partnership, association, corporation or other legal entity of whatever kind.
(5) "Private property" means any real property not owned by the Federal government, State, County, school district or other political subdivision.
(6) "Public nuisance" means the unsheltered storage of a junked motor vehicle as otherwise defined in this section which constitutes a hazard or threat or potential threat to the health, safety, or welfare of the Borough's citizens.
(7) "Removal" means the physical location or relocation of a motor vehicle to an authorized location.
(8) "Trailer" means any wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, boat or any other object.
(9) "Unsheltered storage" means any storage except storage inside a building or in an area completely surrounded by a solid fence of a height not less than the height of the motor vehicle or trailer being sheltered.
(c) Prohibited Storage. It shall be unlawful for any person owning or having custody or any junked motor vehicle or motor vehicle accessories which creates a hazard or threat to store or permit any such vehicle or accessories to remain in unsheltered storage on any private property or public street or highway with the Borough for a period of more than 30 days following receipt of a notice requiring such removal, and it shall be further unlawful for any person owning any private property in the Borough or leasing any such property in the Borough or leasing any such property to store or permit to store or permit to remain any such vehicles or accessories on his property for more than a like period. It shall further be unlawful for any person, after notification, to remove any junked motor vehicle or motor vehicle accessories constituting a public nuisance hereunder from any private property, to move the same to any other private property upon which such storage is not permitted or onto any public highway or other public property for purposes of storage.
(d) Permitted Storage. The prohibitions of division (c) of this section shall not apply to a limit of one junked motor vehicle or motor vehicle accessories stored within a fully enclosed building or in an area completely surrounded by a solid fence of a height not less than the height of a motor vehicle or motor vehicle accessories being stored. A fine of two hundred dollars ($200.00) per junked vehicle in excess of one will be levied. The prohibitions of division (c) of this section shall not apply to the premises of a business enterprise otherwise operated in a lawful place and manner when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters, and non-motorized campers. Such business enterprises shall include auto repair and auto body shops, but shall not include tire battery and accessory sales stores and the provisions hereof extending to permitted storage shall not extend to the storage at such business enterprises of more than five junked vehicles or trailers at any one time, storage of more than five junked vehicles or trailers be subject to a three hundred dollar ($300.00) per vehicle fine. The prohibition of division (c) of this section shall likewise not be applicable to salvors holding a current certificate of authorization issued by the Department of Transportation of the Commonwealth of Pennsylvania, provided, however, that such salvor is otherwise operating in a lawful place and manner.
(e) Investigation of Premises. The Mayor, Police Officer, Code Enforcement Officer, or Health Officer, on routine inspection or upon receipt of a complaint, may enter upon private property to investigate a suspected junked vehicle or motor vehicle accessories stored or maintained in violation of this section and record the make, model, style and vehicle identification numbers and its conditioning.
(f) Notice of Removal. Whenever the Mayor, Police Officer, Code Enforcement Officer or Health Officer finds or is notified that any junked motor vehicle or motor vehicle accessories have been stored or permitted to remain on any private property or public street or highway within the Borough and in violation of the provisions of this section, the Mayor, Police Officer, Code Enforcement Officer, or Health Officer shall send, by certified or registered mail, a notice to the owner of record person having custody of such motor vehicle or accessories, if such owner can be ascertained by the exercise of reasonable diligence, and also to the owner of the private property, as shown on the tax assessment records of the Borough on which the same is located, to remove the junked motor vehicle, trailer or motor vehicle accessories within thirty days, such notice shall contain the following additional information:
(1) Nature of complaint;
(2) Description and location of the motor vehicle and/or motor vehicle accessories;
(3) Statement that the motor vehicle or motor vehicle accessories shall be removed from the premises no later than thirty days from the date of notification;
(4) Statement that removal from the location specified in the notification to another location upon which such storage is not permitted is prohibited and shall subject the person to additional penalties;
(5) Statement of the penalties provided for non-compliance with such notice.
(g) Removal. Upon receipt of such notice requiring removal, the Borough will contact a local salvor for the removal of such vehicle and/or accessories at no cost to the owner or the Borough.
(h) Penalties for Violation. Any person violating any of the provisions of this section shall, upon conviction, be guilty of a summary offense and shall be sentenced to pay a fine of not more than three hundred dollars ($300.00), and/or to be committed to the County jail for a period not exceeding thirty days, plus costs of prosecution. Each day that a violation is committed shall constitute a separate offense.
(Ord. 2346. Passed 4-19-04.)