674.01 Accumulation or storage of junked, abandoned or discarded vehicles and other articles. (Repealed)
674.015 Maintenance of junked motor vehicles and accessories.
674.02 Weeds, brush, etc., obstructing rights of way.
674.03 Placement of articles and merchandise on streets and sidewalks.
674.04 Snow and ice on sidewalks.
674.05 Use of skateboards, skates, scooters, bicycles, unicycles in General Business District.
674.06 Dumping on Borough property.
674.99 Penalty.
CROSS REFERENCES
Health and cleanliness regulations - see Borough Code § 1202(6) (53 P.S. § 46202(6))
Authority to prohibit accumulations of garbage and refuse - see Borough Code § 1202(10) (53 P.S. § 46202(10))
Care and removal of garbage and refuse - see Borough Code § 1202(11) (53 P.S. § 46202(11))
Facilities for disposal of garbage and refuse - see Borough Code § 1202(45) (53 P.S. § 46202(45))
Health and sanitation - see Borough Code §§ 3101 et seq. (53 P.S. §§ 48101et seq.)
Health Officer - see ADM. Ch. 240
Pedestrian safety zones - see TRAF. 444.05
Nuisances - see GEN. OFF. Ch. 654
Garbage and rubbish collection and disposal - see S.U. & P.S. Ch. 1060
(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.)
(a) Removal From Sidewalk Areas. No owner, occupant or tenant of any property in the Borough, bounding or abutting upon any street or public highway in the Borough, shall allow, permit or suffer any growth or accumulation of weeds, brush, briars or other obstruction on the portion of the street or public highway between the curb and the property line immediately in front of or bounding such property. The owner of the property shall be responsible for conforming to the requirements of this section where the property is occupied by such owner, is unoccupied or vacant or is a multiple-business or multiple-dwelling property, having more than one occupant or tenant. The occupant or tenant shall be responsible where the property is occupied by that tenant or occupant only.
(b) Removal From Streets. The owner, occupant or tenant of property provided for in subsection (a) hereof shall remove from within the lines of the street or highway abutting that property any accumulation of earth, rubbish or other obstruction, and shall keep such area in a clean, smooth and orderly condition.
(c) Authority of Borough to Remove Obstructions; Recovery of Costs. If any obstruction or accumulation upon any portion of a street or sidewalk area, is not removed as required by subsections (a) and (b) hereof, Council may, after twenty-four hours notice to the owner, tenant or occupant, as the case may be, remove the same, or cause the same to be removed at the expense of the Borough, and the Borough may recover such expense, with an additional penalty of ten percent, from such owner, tenant or occupant.
(Ord. 1307. Passed 12-12-56.)
(a) A merchant, upon receiving goods, wares or other merchandise at his or her place of business, may occupy a space not more than four feet in width upon the sidewalk adjacent to his or her place of business, for a period of not more than four hours at any one time, while unloading and unpacking such goods, wares and other merchandise.
(b) Any merchant or business establishment may use an area of no more than three foot in width adjacent to the building facade in any manner they see fit for the betterment and/or beautification of their establishment. Such uses include, but are not limited to: bistro tables, benches, merchandise displays, and/or planters.
(1988 Code § 12-3091) (Ord. 2396. Passed 7-17-06.)
(a) Removal of Snow and Ice by Owner, Occupant or Tenant. The owner, occupant or tenant of every property upon or alongside any street in the Borough shall remove or cause to be removed, from all sidewalks in front of or alongside of such property, all snow or ice fallen or formed thereon, within twenty-four hours after the same has ceased to fall or form. No snow or ice removed or shoveled from sidewalks shall be placed or thrown in or on the streets and alleys of the Borough. However, the owner of the property shall be responsible for conforming to the requirements of this section where that property is occupied by the owner or is unoccupied; the tenant or occupier thereof shall be responsible where the property is occupied by the tenant or occupier only; and the owner shall be responsible where the property is a multiple-business or multiple-dwelling property, occupied by more than one tenant or occupier.
(b) Removal of Snow and Ice by Borough; Recovery of Costs. In any case where the owner, occupant or tenant fails, neglects or refuses to comply with subsection (a) hereof, within the time limit prescribed therein, Borough authorities may proceed immediately to clear all snow and/or ice from the sidewalk of such owner, occupant or tenant and to collect the expenses thereof, with any additional amount allowed by law, from such owner, occupant or tenant, as the case may be, which may be in addition to any fine or other penalty imposed under Section 674.99.
(Ord. 1309. Passed 12-12-56.)
No person shall ride, propel, or otherwise operate a skateboard, skates, scooter, bicycle, or unicycle on the public sidewalks/public areas of any streets or highways within the Borough in areas zoned C-2 General Business District, except for Public Safety Officials in performance of their duties.
(Ord. 2055. Passed 8-21-89; Ord. 2387. Passed 4-17-06; Ord. 2476. Passed 2-20-12; Ord. 2523. Passed 8-15-16.)
(a) No individual, firm, partnership, corporation or any other entity shall dump on any property owned by the Borough, except subject to the following regulations:
(1) Any person, after having obtained a permit from the Public Works Department, may dump at areas designated from time to time by the Borough for dumping. All persons dumping shall obtain from the Public Works Department said permit.
(2) The permit shall include a statement that a representative of the Public Works Department has inspected the material proposed to be dumped and has determined that it is clean fill and shall specify on said permit where the material is to be dumped.
(3) Permits may be obtained from the Public Works Department during regular business hours, 7:00 a.m. to 3:00 p.m., Monday through Friday.
(4) No person shall dump any clippings, leaves, hedge clippings, building materials, furniture, refuse, garbage, vegetable matter, junk or hazardous material.
(b) As used in this section:
(1) "Clean fill" means uncontaminated, nonwater-soluble, nondecomposable inert solid material used to level an area or bring the area to grade. The term does not include material placed into or on waters of the Borough.
(2) "Constructional/demolition waste" means solid waste resulting from the construction or demolition of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include the following if they are separated from other waste and are used as clean fill:
A. Uncontaminated soil, rock, stone, gravel, unused brick and block and concrete.
B. Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
(3) "Yard waste" means leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative material.
(Ord. 2233. Passed 6-15-98.)
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