[HISTORY: Adopted by the Borough Council
of the Borough of Danville 12-14-2004 by Ord. No. 459. Amendments noted where
applicable.]
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.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, whether an owner or lessee
of residences, commercial or institutional establishments.[1]
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 § 243-2 hereof shall not apply to a junked motor vehicle in an area completely surrounded by a solid fence of a height not less than the height of the motor vehicle, and the prohibitions of § 243-2 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 trailer at any one time.
The Danville Police Department, on routine inspection
or upon receipt of a complaint, may enter upon private property to
investigate a suspected junk 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 Danville Police 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 Danville Police Department 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.
Nature of complaint,
B.
Description and location of the motor vehicle and/or
motor vehicle accessories;
C.
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.
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.
Statement that if removal is made within the time
limits specified, notification thereof shall be given in writing to
the Danville Police Department; and
F.
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 $1,000 and/or
to be committed to the county jail for a period not exceeding 30 days,
plus costs of prosecution, an each day that a violation is committed
shall constitute a separate offense.
