This chapter shall not apply to any item which
is stored in a lawfully erected building or to any motor vehicle on
display on the sales lot of a duly licensed new or used car dealer
or to any motor vehicle on the lot of a service station or repair
shop temporarily so located for repairs when such service station,
repair shop or car dealership complies with all other applicable ordinances
of the Borough of Dover.
[Amended 3-7-2005 by Ord. No. 2005-2]
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 Dover.
A motor vehicle nuisance shall include any motor vehicle which is
unable to move under its own power, which fails to display a current
vehicle registration, which fails to display a current vehicle inspection
sticker or which has any of the following physical defects:
A. Broken windshields, mirrors or other glass with sharp
edges.
B. One or more flat or open tires or tubes which could
permit animal or vermin harborage.
C. Missing doors, windows, hood, trunk or other body
parts which could permit animal or vermin harborage.
D. Any body parts with sharp edges, including holes resulting
from rust.
E. Missing tires resulting in unsafe suspension of the
motor vehicle.
F. Upholstery which is torn or open which could permit
animal and/or vermin harborage.
G. Broken headlamps or taillamps with sharp edges.
H. Disassembled chassis parts apart from the motor vehicle
stored in a disorderly fashion or loose in or on the vehicle.
I. Protruding sharp objects from the chassis.
J. Broken vehicle frame suspended from the ground in
an unstable manner.
K. Leaking or damaged oil pan or gas tank which could
cause fire or explosion.
L. Exposed battery containing acid.
M. Inoperable locking mechanism for doors or trunk.
N. Open or damaged floorboards, including trunk and firewall.
O. Damaged bumpers pulled away from the perimeter of
vehicle.
P. Broken grill with protruding edges.
Q. Loose, damaged metal trim and clips.
R. Broken communication equipment antennas.
S. Suspended on unstable supports.
T. Such other defects which could threaten the health,
safety and welfare of the citizens of the Borough of Dover.
If the owner of grounds on which motor vehicles
are stored does not comply with the notice to abate the conditions
within the time limit prescribed, the Dover Borough Police shall have
the authority to take measures to correct the conditions and collect
the cost of such corrections, plus 10% of all costs. The Borough of
Dover, 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.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be punishable by a fine
not exceeding $600, plus costs of prosecution for each offense, and
in default of payment of such fine and costs by imprisonment in the
county jail for a term not exceeding 30 days. Each day that a violation
of this chapter continues shall constitute a separate offense.
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.