[HISTORY: Adopted by the Borough Council
of the Borough of Catasauqua 1-5-1981 by Ord. No. 820 (Ch. IX, Part 2, of the
1962 Code). Amendments noted where applicable.]
The following words and phrases when used in
this chapter shall have the meaning ascribed in this section as follows:
Any vehicle found on public or private property not within
a completely enclosed structure or building such as a garage or accessory
building which is secured against potential health and safety hazards
and is found to be either:
A vehicle for which a certificate of junk has
been issued by the Pennsylvania Secretary of Revenue or the official
designated by any other state to issue such certificate.
Any vehicle provided that such vehicle is not
registered with and certified by the Borough Manager as a repairable
vehicle in or on which it is found that any of the following conditions
exist:
If for more than 30 days its engine or motor
or any other essential part is inoperable or has been removed.
If for more than 30 days its tires or any tire
has been deflated or its wheel or wheels have been removed.
If it bears no official inspection sticker or
any such sticker has not been current for 30 days or more.
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in or restored to a condition which is substantially in conformance
with manufacturer's specification.
A motor vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and because of discontinued
production and limited availability it is determined by the Pennsylvania
Department of Transportation to be a model or make of significant
value to collectors or exhibitors, and which has been maintained or
restored to a condition which is substantially in conformance with
manufacturer's specifications and appearance.
A lot, land or structure or part thereof used primarily for
the collection, storage and sale of waste paper, rags, scrap metal
or discarded materials, or for the collection, dismantling, storage,
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
Any individual, partnership, limited partnership, association
or corporation; the use of the masculine shall include the feminine
and the neuter.
Any real property owned or controlled by the Borough of Catasauqua.
Any vehicle in or on which are found any of the conditions
specified under the definitions of an "abandoned or junked vehicle,"
and which has been registered with the Borough Manager as a vehicle
that will be repaired, properly licensed and inspected within 120
days time from the date of registration.
A lot, land or plot, or part thereof, used primarily for
the collection, storage, or deposit of automobiles, trucks, or other
vehicles, or parts thereof, which are defined as abandoned or junked.
The entire width between the boundary lines of any public
right-of-way which the general public has the right to use.
Shall have the same meaning as defined and prescribed in
the Motor Vehicle Code of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
It shall be unlawful to store or deposit an
abandoned or junked vehicle, or parts thereof, on any public or private
property, vacant or occupied, within the Borough of Catasauqua five
days after such abandoned or junked vehicle is declared by the Borough
Manager to be a nuisance which is detrimental to or a menace to the
public health and safety of the citizens and residents of the Borough
of Catasauqua. The Borough Manager shall immediately give reasonable
notice of his determination and shall post the same on the Borough
Hall bulletin board.
A.
For any abandoned or junked vehicle on private property
to be considered a repairable vehicle, an application must be made
by the owner of the vehicle to the Borough Manager, accompanied with
the registration fee as set from time to time by resolution of Borough
Council,[2] certifying that the owner intends to repair said vehicle
within 120 days from the date of registration and to have the vehicle
properly inspected, licensed, and in operating condition within this
allotted time. Upon application, the Borough Manager shall certify
that the vehicle is registered as a repairable vehicle.
B.
Any person that has registered a repairable vehicle
with the Borough Manager may, with a fee as set from time to time
by resolution of Borough Council and a written proof of a requisition
for necessary parts yet to be delivered, renew his application for
an additional 120 days if, and only if, the vehicle in question is
classified as an antique or classic motor vehicle as herein defined.
A.
Any person lawfully carrying on the business of, or
maintaining, a junkyard or storage yard or deposit for one or more
abandoned or junked automobiles, trucks or other vehicles or part
thereof within the Borough of Catasauqua shall secure a license and
pay a license fee as set from time to time by resolution of Borough
Council,[1] payable on or before January 1 of every year. The provisions
of this section are subject to the regulations governing the use of
land as set forth in the Zoning Ordinance[2] of the Borough of Catasauqua.[3]
B.
Such license shall not be issued until the following
conditions have been complied with:
(1)
The storage area is enclosed with a six-foot-high
opaque fence, provided that one gate of a maximum width of 10 feet
shall be permitted if the gate is locked during hours when the business
or storage area is not being used.
(2)
The storage area is set back 25 feet from the curbline
of any and all streets abutting the property and, if there is no curbline,
from the point where the limit of the cartway closest to the storage
area to be licensed is located.
(3)
Such other conditions and specifications which the
Borough by ordinance may prescribe to protect the health and safety
and general welfare of the Borough of Catasauqua.
D.
Any person that shall fail or refuse to obtain such
a license shall be subject to the fines and penalties set forth in
this chapter.
E.
Any person carrying on an activity for which a license
is required under this chapter shall have six months from the effective
date of this chapter to comply with its terms.
After taking into consideration the facts of each particular case, if it is found that any person maintains a nuisance pursuant to § 255-2 above within the Borough of Catasauqua, the Borough Manager shall serve notice to that effect upon the person maintaining such nuisance. Such notice shall describe the condition complained of and shall require the same to be made safe, to be corrected or to be removed. Upon receipt of a notice from the Borough Manager that such a condition exists on property owned or occupied within the Borough, it shall be the duty of the person owning or occupying such property to abate the nuisance within five days to the satisfaction of the Borough Manager.
Should any person neglect or refuse to abate a nuisance pursuant to § 255-5 above, the Borough of Catasauqua shall have the authority to abate or cause to be abated such nuisance after five days following notice to the owner or occupier of the premises, and the Police Department is hereby directed as follows:
A.
To secure and impound and immediately tow away and
remove all abandoned vehicles in violation hereof and to store the
same at such storage garages or pounds as may from time to time be
designated by the Borough of Catasauqua for such purposes.
B.
To notify the owner of record, if such owner can be
found, of such vehicle within 12 hours of the impounding of the vehicle,
designating the place from which said vehicle was removed, the reasons
for its removal and impoundment, and the pound in which it has been
impounded.
With the exception of the use of the facilities
of the Borough of Catasauqua, said storage garage or pounds shall
be bonded in an amount not less than $5,000 against the loss, injury
or damage to any vehicles while in the custody of such poundkeeper.
The owner of such impounded vehicle shall pay
a towing charge and storage charges as set from time to time by resolution
of Borough Council.[2] The Borough of Catasauqua shall collect these costs plus
10% penalty in the same manner as other municipal claims or by an
action of assumpsit.
Poundkeepers or depositories as designated in
this chapter shall store any abandoned vehicle for not less than 15
days, nor more than 60 days, after the owner has been notified of
the impounding of said vehicle; thereafter, said abandoned vehicle
shall be disposed of in accordance with the Motor Vehicle Code[1] or in any other reasonable manner.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
[Amended 4-1-2013 by Ord. No. 1288]
In addition to any towing and storage charges
as provided herein, any person charged with a violation or violations
of any provisions of this chapter shall upon due conviction by a District
Justice pay a fine to the Borough of Catasauqua up to $300, plus costs
of prosecution, and/or undergo imprisonment for a period not exceeding
90 days. A new and separate offense shall be deemed to be committed
for each day such violation exists. Any person found guilty of violating
an ordinance shall be assessed court costs and reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings.
