[HISTORY: Adopted by the Borough Council of the Borough of
Perkasie 3-6-2023 by Ord. No. 1053. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings described herein, unless a different meaning is clearly established
elsewhere in this chapter:
Any type of vehicle, including a trailer, which:
Any form of unincorporated enterprise owned by two or more
persons other than a partnership or limited partnership.
Any person responsible for the maintenance, repair, and control
of a motor vehicle, including a trailer, which the lessee has a lease,
either in writing or oral, from the owner of record of the 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 Borough of Perkasie.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation or limited-liability company, including the lessor
of a motor vehicle.
A natural person, firm, partnership, association, corporation,
limited-liability company, or other legal entity.
A.
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 Borough of Perkasie or upon any public
grounds owned by the Borough of Perkasie, the Commonwealth of Pennsylvania
or the United States of America, located within the Borough of Perkasie,
Bucks County, Pennsylvania, including on the streets, highways, and
alleys of the Borough of Perkasie, the Commonwealth of Pennsylvania,
and the United States of America.
B.
A motor vehicle is deemed a nuisance if the motor vehicle is unable
to move under its own power and has any of the following physical
defects:
(1)
Broken windshields, mirrors or other glass with sharp edges.
(2)
One or more flat or open tires or tubes which could permit vermin
harborage.
(3)
Missing door, window, hood, trunk or other body part which could
permit animal harborage.
(4)
Any body part with sharp edges, including holes resulting from rust.
(5)
Missing tire resulting in unsafe suspension of the motor vehicle.
(6)
Upholstery which is torn or open which could permit animal and/or
vermin harborage.
(7)
Broken headlamp or taillamp with sharp edges.
(8)
Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or on the vehicle.
(9)
Protruding sharp objects from the chassis.
(10)
Broken vehicle frame suspended from the ground in an unstable
manner.
(11)
Leaking or damaged oil pan or gas tank which could cause fire
or explosion.
(12)
Exposed battery containing acid.
(13)
Inoperable locking mechanisms for doors or trunk.
(14)
Open or damaged floor board, including trunk and fire wall.
(15)
Damaged bumper pulled away from the perimeter of the vehicle.
(16)
Broken grill with protruding edges.
(17)
Loose or damaged metal trim and clips.
(18)
Broken communication equipment antenna.
(19)
Suspended or unstable supports. Any non-motor vehicle, such
as a trailer, that could cause a hazardous situation or could threaten
the health, safety and welfare of the citizens of the Borough of Perkasie.
(20)
Such other defects which could threaten the health, safety and
welfare of the citizens of the Borough of Perkasie.
Any person, owner or lessee who has one or more motor vehicle nuisances, as defined in § 183-2, above, may store such vehicle in the Borough of Perkasie only in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the Borough of Perkasie such as provided from time to time by resolution of the Borough Council. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence at least six feet high which is locked at all times when unattended. With the specific approval of the Borough Council, motor vehicle nuisances may also be stored outside in an area enclosed by a chain-link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, all gas and oil or other flammable liquid shall be removed from the motor vehicle, and it shall be kept free of vermin infestation while being stored.
A.
The Police Department, the Codes Department, or any other employee
of the Borough of Perkasie is hereby empowered to inspect grounds
on which motor vehicles are stored to determine if there is compliance
with the provisions of this chapter. If noncompliance with the provisions
of this chapter constitutes a nuisance, or if any condition, structure
or improvement poses a threat to the health, safety or welfare of
the public, he/she shall issue a written notice to be served by registered
or certified mail upon the owner of said premises or, if the owner's
whereabouts or identity be unknown, by posting the notice conspicuously
upon the offending premises.
B.
Said notice shall specify the condition or structure or improvement
complained of, and shall require the owner to remove or otherwise
rectify the condition or structure or improvement as set forth therein
within 10 days of mailing or posting of said notice, and thereafter
to fully comply with the requirements of the notice.
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the condition, within the time
limit prescribed, the Borough of Perkasie shall have the authority
to take measures to correct the conditions and collect the cost of
such corrections plus 10% of all costs, including the removal of the
motor vehicle. The Borough of Perkasie, in such event and pursuant
to its statutory or otherwise authorized police powers, shall have
the right and power to enter upon the offending premises to accomplish
the foregoing.
A.
An abandoned vehicle may not be parked, stored or left to remain
on any lot, tract, parcel of land or portion thereof occupied or unoccupied,
improved or unimproved, including any public street or alley, in the
Borough of Perkasie unless necessary for the operation of a business
enterprise lawfully permitted on private property.
B.
The Mayor and/or Chief of Police shall be empowered to order the removal of such an abandoned vehicle within five days from the date of service of a notice of violation as set forth in § 183-4 above. The Mayor and/or Chief of Police shall have the vehicle impounded.
C.
If the property owner and/or vehicle owner can demonstrate to the
Mayor and/or Chief of Police that provisions to restore the vehicle
in question are presently being made, then the Mayor and/or Chief
of Police may make such orders as are necessary to abate any hazards
or dangerous conditions or nuisances.
A.
Any person aggrieved by the decision of the Mayor and/or Chief of
Police may request and shall then be granted a hearing before the
Perkasie Borough Council, provided they file with the Borough Council,
within 10 days after notice of the Mayor and/or Chief of Police's
decision, a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor. The hearing shall commence
not later than 30 days after the date on which the petition was filed
unless postponed for sufficient cause.
B.
After such hearing, the Borough Council shall sustain, modify or
overrule the action of the Mayor and/or the Chief of Police, as the
case may be.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the county correctional facility for a
period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Bucks County.
The remedies provided herein for the enforcement of this chapter,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively at the
option of the Borough Council.
If any provision of this chapter is determined by a court of
competent jurisdiction to be illegal, invalid, unenforceable, unconstitutional,
or void, for any reason, only that provision shall be illegal, invalid,
unenforceable, unconstitutional, or void, and the remainder of this
chapter shall be in full force and effect.
