As used in this chapter, the following terms
shall have the meanings indicated:
LESSEE
Owner for the purpose of this chapter when the lessor holds
the lessee responsible for maintenance and repairs.
MECHANICAL WASTE
Discarded items, including, but not limited to, engines,
machines, mechanical and electrical equipment, tools, discarded vehicles
and vehicle parts and similar materials.
[Added 6-13-2007 by Ord. No. 549]
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 semi-trailers pulled thereby.
NUISANCE
Any condition, structure, or improvement which shall constitute
a danger or potential danger to the health, safety, or welfare of
the citizens of the Borough of Freedom.
OWNER
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation.
PERSON
A natural person, firm, partnership, association, corporation,
or other legal entity.
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 Freedom.
A motor vehicle nuisance shall include, but is not limited to, any
motor vehicle which is unable to move under its own power and 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 vermin harborage.
C. Missing doors, windows, hood, trunk or other body
parts which could permit animal 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 tail lamps with sharp edges.
H. Disassembled chassis parts apart from the motor vehicle,
stored in a disorderly fashion or loose in 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 or doors or trunk.
N. Open or damaged floor boards, including trunk and
firewall.
O. Damaged bumpers pulled away from the perimeter of
vehicle.
P. Broken grill with protruding edges.
Q. Loose or damaged metal trim and clips.
R. Broken communication equipment, i.e., 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 Freedom.
[Added 6-13-2007 by Ord. No. 549]
A. It shall be unlawful for any person, owner or lessee to maintain,
store or cause to be stored upon any private property within the Borough
of Freedom any motor vehicles that are not in operating condition
and do or do not display a current Commonwealth of Pennsylvania Department
of Transportation registration tag or license plate and inspection
sticker; nor shall it be lawful to store any mechanical waste.
B. It shall be unlawful to place mechanical waste or to park any motor
vehicle on any street or thoroughfare within the Borough of Freedom
which does not have a current inspection sticker and registration
plate or tag that is deemed inoperable for legal use.
C. It shall be unlawful for any person to park a motor vehicle in any
street or thoroughfare within the Borough of Freedom for the purpose
of repairing said vehicle if the repairs will render the vehicle inoperative
for a period in excess of 36 hours. No person shall perform a repair
operation in such a manner as to present a danger of injury to pedestrian
traffic or obstruction of view to pedestrians or motorists.
[Amended 6-13-2007 by Ord. No. 549]
A. Any person, owner or lessee who has one or more motor vehicle nuisances, as defined in §
197-2 above, may store such vehicle(s) in the Borough of Freedom 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 of $50 to the Borough of Freedom, which shall be changed at the will of the Borough pursuant to a 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 while unattended.
B. With the special 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.
The total area of storage of motor vehicle nuisances may not exceed
400 square feet.
C. Nothing herein shall be construed to permit the storage
of motor vehicle nuisances contrary to the provision of the Zoning
Ordinance of the Borough of Freedom.
If the owner of grounds on which motor vehicles
are stored does not comply with the notice to abate the nuisance within
the time limit prescribed, the Borough of Freedom 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 Freedom, 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.
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 of Freedom.