[HISTORY: Adopted by the Borough Council
of the Borough of Freedom 5-11-2005 by Ord. No. 538.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 197, Vehicles, Junk, adopted 6-12-1972 by Ord. No. 414,
as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
Owner for the purpose of this chapter when the lessor holds
the lessee responsible for maintenance and repairs.
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]
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.
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.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation.
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.
A.
The police officers of the Borough of Freedom or the
Borough's Code Enforcement Officer are hereby empowered to inspect
private property 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, the police officer or the Code Enforcement
Officer 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 are 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 commence
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 and ordinance within a reasonable time.
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.
A.
Any person aggrieved by the decision of the police
officers may request and shall then be granted a hearing before the
Borough's Council, provided the person files with the Borough of Freedom
within 10 days after notice of the police officer's decision. The
person must file a written petition requesting such hearing and setting
forth a brief statement of the grounds thereof with the Borough Secretary
or Code Enforcement Officer. 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's Council shall sustain,
modify or overrule the action of the police officer or Code Enforcement
Officer.
A.
Any person
who shall violate any provision of this chapter shall, on conviction
thereof, be sentenced to pay a fine of not more than $300 and, in
default of payment, to undergo imprisonment for a term not to exceed
30 days. Each day that a violation of this chapter continues shall
constitute a separate offense.
B.
Furthermore,
any costs associated with the Borough of Freedom removing and storing
the subject vehicles shall be imposed upon and recoverable against
the offender.
[Added 6-13-2007 by Ord. No. 549]
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.
