[HISTORY: Adopted by the Borough Council of the Borough of Walnutport 3-21-1983 by Ord. No. 83-2 (Ch. 10, Part 3, of the 1983 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 318.
Abandoned and junked vehicles — See Ch. 422.
Vehicles and traffic — See Ch. 434
[Amended 4-14-1988 by Ord. No. 88-4]
A. 
For the purpose of this chapter, the following definitions shall apply:
JUNK VEHICLE
Includes any vehicle or trailer that meets any of the following conditions:
[Added 10-13-2016 by Ord. No. 2016-06]
(1) 
Cannot be moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs;
(2) 
Cannot be towed, in regards to a trailer designed to be towed;
(3) 
Has been demolished beyond repair;
(4) 
Has been separated from its axles, engine, body, or chassis;
(5) 
Includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle; and/or
(6) 
Has had all of the tires removed from the vehicle or has had one or more windows broken or removed from the vehicle for more than 10 days.
LESSEE
Shall be construed as the owner for the purpose of this chapter when the lessor holds the lessee responsible for maintenance and repairs.
MOTOR VEHICLE
Any motor-driven vehicle, including but not limited to automobiles, motorcycles, motor scooters, tractors, trucks, or any motor-driven or assisted vehicles together with any trailers or semitrailers or any part thereof.
NUISANCE
Any condition, structure, or improvement which shall constitute a threat to the health, safety, or welfare of the citizens of Borough of Walnutport.
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.
B. 
In all instances within the scope of this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Amended 4-14-1988 by Ord. No. 88-4; 7-8-1999 by Ord. No. 99-5; 4-11-2002 by Ord. No. 2002-04; 10-13-2016 by Ord. No. 2016-06]
Except as provided for in other regulations, not more than one currently unregistered or uninspected motor vehicle shall be parked, kept or stored on any premises, provided that said vehicle shall be completely covered with an opaque tarpaulin and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. The storage of a junk vehicle as defined in this chapter is prohibited.
[Amended 11-16-1987 by Ord. No. 87-8; 7-8-1999 by Ord. No. 99-5]
Any person desiring to store or to continue to store motor vehicle(s) on private grounds, except those mentioned in § 434-2, shall comply with the following:
A. 
There shall be no broken glass anywhere on the vehicle. All broken glass must be removed and replaced.
B. 
The body of the motor vehicle shall be so maintained that there is no sharp, jagged, cutting edge anywhere on the body of the vehicle that would constitute a hazard.
C. 
The wheels shall be securely blocked and the motor vehicle transmission locked in park so as to remove any possibility of the motor vehicle being set in motion by any voluntary or nonvoluntary action.
D. 
The motor vehicle must, at all times, be maintained in a roadworthy condition.
E. 
All grass, weeds and bushes must be mowed under, next to, or in the vicinity of the stored motor vehicle, and at no time shall the grounds on which the motor vehicle is stored be allowed to become overgrown with grass, weeds and bushes to as to constitute a home and a haven for rats, mice, squirrels and similar vermin.
F. 
All doors, including the door of the trunk, shall be securely locked at all times. In no case shall any hazard be permitted whereby a child or children can enter into any potion of the motor vehicle to play or for any reason whatsoever.
G. 
All gasoline shall be removed from the motor vehicle. The gas tank shall be completely drained. No gasoline may be stored in the motor vehicle or in the vicinity of the motor vehicle unless said gasoline is stored within a locked structure other than the trunk, gas tank or any other part of the motor vehicle.
H. 
Under no circumstances whatsoever shall any item of any nature, whether flammable or not, be stored within the motor vehicle, including the trunk.
I. 
All such stored motor vehicles shall be at least 25 feet from any building so as not to obstruct any fire-fighting equipment or emergency vehicles.
J. 
All such stored motor vehicles shall be at least 25 feet from any river or stream or any other natural watercourse.
K. 
Storage of junked vehicle or vehicles is prohibited.
[Added 10-13-2016 by Ord. No. 2016-06]
[Amended 11-16-1987 by Ord. No. 87-8]
A. 
The provisions of this chapter shall not apply to any person engaged in a business wherein the storage of motor vehicles is necessary and part of said business.
B. 
Any person engaged in a business described in Subsection A of this section shall take all precautions and measures necessary to prevent any motor vehicles stored on that person's property from being a hazard or nuisance, and must be kept free from vermin infestation. Further, all such motor vehicles stored on the property shall at all times be securely locked, unless said motor vehicles are being used or worked on.
C. 
All persons desiring to store motor vehicles on its or their property under this section shall notify the Borough Council of the Borough of Walnutport of its or their intention to do so, provide Borough Council of competent evidence of its or their necessity to store motor vehicles on the property, and provide Borough Council with written evidence of the persons obtaining liability insurance in an amount satisfactory to Borough Council.
D. 
Any person who has established and maintained a business involving and requiring the storage of motor vehicles on its or their property prior to the enactment of this section shall be exempt from the provisions of this chapter.
E. 
Any person who shall violate the provisions of this section shall be subject to the provisions of § 434-8 hereof.
[Amended 6-12-2003 by Ord. No. 2003-05]
A. 
The Chief of Police, his designee and/or the Borough Code Enforcement Officer is hereby empowered to inspect grounds 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 improvements poses a threat to the health, safety, or welfare of the public, the Chief of Police, his designee and/or the Borough Code Enforcement Officer shall issue a written notice to be served by registered or certified mail or by personal service upon the owner of said premises, or, if his whereabouts or identity not be known, by posting the notice conspicuously upon the offending premises.
[Amended 5-11-2006 by Ord. No. 2006-03]
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 five days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time. If within one year said person receives a second or subsequent notice for an unregistered vehicle, the person shall have only three days to fully comply with the requirements of the notice.
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 Borough of Walnutport shall have the authority to take measures to correct the conditions and collect the cost of such corrections, plus 10% additional. The Borough of Walnutport, 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.
[Amended 5-11-2006 by Ord. No. 2006-03]
A. 
Any person aggrieved by the decision of the Chief of Police, his designee and/or the Borough Code Enforcement Officer may request and shall be granted a hearing before the Borough Council, provided he shall file with said Borough Council a written petition requesting such a hearing and setting forth a brief statement on the grounds therefor within 10 days after Notice of the Chief of Police, his designee and/or Borough Code Enforcement Officer's decision. The hearing shall commence not later than 30 days after the date on which the petition was filed unless postponed for sufficient cause. A failure by any person aggrieved by the decision of the Chief of Police, his designee and/or Borough Code Enforcement Officer to request a hearing within the time period permitted shall be deemed a waiver by the person aggrieved to seek a hearing under this section.
B. 
After such hearing, the Borough Council shall sustain, modify or overrule the action of the Chief of Police, his designee and/or the Borough Code Enforcement Officer.
[Amended 5-11-2006 by Ord. No. 2006-03]
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 together with costs of prosecution, or to undergo imprisonment for a term not to exceed 30 days. Provided: each violation of any provision of this chapter, and each day the same is continued, shall be deemed a separate offense.
The remedies provided herein for the enforcement of this chapter, or of 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 Council.