[HISTORY: Adopted by the City Council of the City of Nanticoke 4-21-2010 by Ord. No. 5-2010. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- DISABLED, INOPERABLE AND UNATTENDED VEHICLES
- A vehicle that meets one or more of the following conditions:
- A. The vehicle is not capable of being moved under its own power;
- B. The vehicle is partially disabled, wrecked or junked;
- C. The vehicle has broken windows;
- D. The vehicle is missing essential parts;
- E. The vehicle registration is expired or not displayed;
- F. The vehicle safety inspection sticker is expired or not displayed;
- G. The vehicle is leaking fluids;
- H. The vehicle has a deflated tire or tires; or
- I. The vehicle has not been moved in 72 hours.
- MAJOR REPAIRS
- Major repairs are those that require the changing of a motor, transmission, drive shafts, exhaust systems, the changing of vehicle fluids or the changing of body parts.
- Every motor-driven device or any trailer or camper which is drawn by a motor-driven device in, upon or by which any person or property is or may be transported upon a roadway, including but not limited to vehicles used in construction or farming activities. Devices used exclusively upon rails or tracks are not vehicles.
No owner or responsible person shall leave parked upon a City street, highway or alleyway on either public or private property a disabled, inoperable or unattended vehicle.
The police shall follow the following procedure in processing a vehicle in violation of this chapter:
Place a notification decal on the vehicle windshield or most visible location on the vehicle along with a parking ticket;
The decal and ticket will allow the owner or responsible person seven days to respond by removing the vehicle from the City limits or by causing the vehicle to no longer be disabled, inoperable or unattended and also by paying the ticket penalty;
The police shall also forward a copy of the notification to the owner of the vehicle by one or more of the following methods:
The Police Department may allow additional time for the removal of the vehicle in violation of this chapter if the owner or responsible person can show just cause for doing so.
A vehicle in violation of this chapter may be removed by the police immediately when it constitutes a hazard to pedestrian or vehicular traffic or is a health, safety or fire hazard.
If a vehicle is to be removed by the police pursuant to § 480-4 of this chapter and the police are unable to do so due to the vehicle being in such a position that it prevents the police from moving it, the owner or responsible person shall be subject to the penalties as described in § 480-10B of this chapter.
The owner or responsible person of the vehicle in violation that has been removed or directed to be removed by the police shall be responsible for all costs of removal and storage of the said vehicle.
The provisions of this chapter shall not apply to:
No person or responsible person shall allow any violations of this chapter to occur on his/her property and shall, upon conviction, be subjected to penalties provided within § 480-10 of this chapter.
No owner or responsible person shall perform or permit another person to perform major mechanical repairs upon any vehicle when it is parked or left standing on any City streets, highways or alleyways; provided, however, that this section does not apply to emergency repairs such as the changing of a flat tire or to the duties of tow truck drivers or operators in order to prepare a vehicle to be removed or towed to a place of repair.
The owner or responsible person that has received notification as described in § 480-3 of this chapter shall pay the parking ticket within seven days of the ticket being issued. The fine will be the standard parking fine as set by ordinance or resolution of the City of Nanticoke.
Failure to pay the parking ticket within seven days will result in the filing of a nontraffic citation and, upon conviction, the owner or responsible person shall pay a fine of not less than $25 but not more than $300 plus the costs of prosecution and/or up to 90 days' imprisonment.
Police unable to remove vehicle. If there comes a time when a vehicle is unable to be removed by the police due to the vehicle being in such a position that prevents it from being moved after the seven-day period, the owner or responsible person, upon conviction, will pay a fine of not less than $25 but not more than $300 plus the costs of prosecution and/or up to 90 days' imprisonment. The continuation of such violation for each successive twenty-four-hour period shall constitute a separate offense of this chapter.