This chapter is passed for the protection of the health, safety,
morals, general welfare and property of the inhabitants of the Borough
of Summit Hill, Carbon County, Pennsylvania.
The following words or phrases, when used in this chapter, shall
have the meanings described to them in this section except when the
context of the chapter indicates a different meaning:
JUNKED VEHICLE
Any vehicle as defined in this section which does not have
lawfully affixed thereto both an unexpired license plate or plates
and a current motor vehicle safety inspection certificate or the condition
of which is wrecked, dismantled, partially dismantled, inoperative,
abandoned or discarded.
[Amended 2-7-1994 by Ord. No. 1-1994]
MOVEMENT
The actual physical movement of a vehicle under its own power
for a distance of at least 25 feet.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind, including but not limited to
those engaged in, employed/assisting those engaged in the business
of repairing or servicing vehicles.
[Amended 7-3-1995 by Ord. No. 1-1995]
PUBLIC PROPERTY
Any street or highway, which shall include the entire width
between the boundary lines of every way publicly maintained for the
purposes of vehicular travel, and shall also mean any other property
owned by the Borough of Summit Hill.
VEHICLE
Any article manufactured for the purpose of conveying a person,
or persons, animals or equipment upon roads, streets or highways and
includes, but is not limited to, automobiles, buses, motorbikes, motorcycles,
motor scooters, trucks, tractors, go-carts, golf carts, campers and
trailers.
[Amended 2-7-1994 by Ord. No. 1-1994; 7-3-1995 by Ord. No.
1-1995]
A. Any vehicles found to be in violation of this chapter is subject to the penalty provisions set forth in §
456-6 herein. Notice is not a prerequisite to the filing of a citation with the Magisterial District Judge for any violation set forth in §
456-3 of this chapter.
B. In addition and as a result thereof, any violation of this chapter
shall, for purposes of impoundment, be declared a public nuisance
and be further subject to the provisions set forth in the ordinance
regarding abatement of public nuisances.
C. In addition to the penalties set forth in §
456-6 of this chapter and referenced in Subsection
A above, and as a prerequisite to the impoundment of any vehicle, all vehicles found to be in violation of this chapter shall have a written notice affixed thereto, stating that the vehicle is in violation of the chapter and is therefore considered to be a public nuisance and will be impounded if not removed or brought into compliance within 10 days of the date of the affixing of the notice to the vehicle. Any owner shall have the right to abate any nuisance and avoid removal and impoundment during this ten-day period.
D. Information concerning the affixing of this notice shall be sent,
via certified mail, to the vehicle owner, if ownership can be readily
determined. In the event the vehicle is not removed and/or brought
into compliance with the chapter within 10 days of the date the notice
is affixed to the vehicle, the Borough shall have the right to remove
and/or impound any such vehicle.
E. Upon the removal and/or impoundment of any such vehicle, a notice,
via certified mail, shall be sent to the vehicle owner that the vehicle
has been removed or impounded and will be disposed of if not claimed
within 30 days of the date of the mailing of said notice and will
be considered abandoned by the owner. If the vehicle is not reclaimed
by the owner within 30 days of the date of the mailing of the second
notice to the owner, the vehicle can be disposed of to recover the
cost of mailings, removal, storage and impoundment.
F. Persons wishing to reclaim any such impounded vehicle shall be liable
for all costs incurred in the mailing of notices, removal, storage
and/or impoundment. The Borough of Summit Hill shall not be held liable
for any damages incurred during the mailing of notices, removal, storage
or impoundment or sale of any vehicle found to be in violation of
this chapter.
[Amended 7-3-1995 by Ord. No. 1-1995; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
In addition to the Borough's right of removal and/or impoundment set forth in §
456-4 herein, any person violating any of the provisions of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Carbon County.
Any ordinances or parts of ordinances inconsistent herewith
be and the same hereby are repealed. This chapter is not intended
to affect any ordinance heretofore passed regulating parking.