[HISTORY: Adopted by the Council of the Borough of Punxsutawney 2-10-1997
by Ord. No. 996.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal of
former Chapter 228, Vehicles, Junk, adopted 12-12-1994 by Ord. No. 982.
The Borough Council of the Borough of Punxsutawney 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.
For purposes of this chapter the following definitions shall be applicable:
A motor vehicle or trailer which is partially dismantled, unused,
unusable or wrecked and which cannot safely or legally be operated on the
streets or highways of this Borough or Commonwealth. Currently licensed, registered
and inspected vehicles shall not be included within this definition.
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, motor scooters, tractors, snowmobiles,
dune buggies and other off-the-road vehicles.
Any part or parts of any motor vehicle.
Includes any natural person, firm, partnership, association, corporation
or other legal entity of whatever kind.
Any real property not owned by the federal government, state, county,
school district or other political subdivisions.
The unsheltered storage of a junked motor vehicle as otherwise defined
in this chapter which constitutes a hazard or threat or potential threat to
the health, safety or welfare of the Borough's citizens.
The physical location or relocation of a motor vehicle to an authorized
location.
Any wheeled device used as a means of carrying, hauling or conveying
any vehicle, person, animal, boat or other object.
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.
A.
It shall be unlawful for any person owning or having
custody of any junked motor vehicle or motor vehicle accessories which creates
a hazard or threat or potential threat to the health, safety or welfare of
the Borough's citizens to store or permit any such vehicle or accessories
to remain in unsheltered storage on any private property or public street
or highway within the Borough for a period of more than 30 days after the
expiration of the thirty-day period 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 to store or to permit
to remain any such vehicles or accessories on his property for more than a
like period.
B.
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 has been given, 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.
A.
The prohibitions of § 228-3 hereof shall not apply to a limit of one junked motor vehicle or motor vehicle accessories stored within an enclosed building or in an area completely surrounded by a solid fence of a height not less than the height of the motor vehicle or motor vehicle accessories being stored, and the prohibitions of § 228-3 hereof 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 nonmotorized 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.
The Building Inspector or Code Enforcement Officer, on routine inspection
or upon receipt of a complaint, may enter upon private property to investigate
a suspected junked motor vehicle or motor vehicle accessories stored or maintained
in violation of this chapter and record the make, model, style and identification
numbers and its situation and condition.
Whenever the Building Inspector, Code Enforcement Officer or any member
of his department 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 chapter, the Building Inspector or Code Enforcement
Officer shall send, by certified or registered mail, a notice to the owner
of record or 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 30 days. Such notice
shall contain the following additional information:
A.
The nature of complaint.
B.
A description and the location of the motor vehicle and/or
motor vehicle accessories.
C.
A statement that the motor vehicle or motor vehicle accessories
shall be removed from the premises no later than 30 days from the date of
notification.
D.
A 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.
E.
A statement that if removal is made within the time limits
specified, notification thereof shall be given, in writing, to the Building
Inspector or Code Enforcement Officer.
F.
A statement of the penalties provided for noncompliance
with such notice.
Any person violating any of the provisions of this chapter shall, upon
conviction, be guilty of a summary offense and shall be sentenced to pay a
fine of not more than $300 and/or to be committed to the county jail for a
period not exceeding 30 days, plus costs of prosecution, and each day that
a violation is committed shall constitute a separate offense.
