All recitals are incorporated herein by reference.
For the purpose of this chapter, the following definitions shall
apply:
ABANDONED VEHICLE
Any vehicle in such a state of major disassembly and disrepair
as to be inoperative and/or incapable of being moved under its own
power or with any tire missing or without a wheel or wheels or with
any window broken or missing or in a dismantled and/or deteriorating
condition or without current license plates or without a current inspection
sticker, which vehicle has not been moved or used for more than 15
consecutive days.
INOPERATIVE MOTOR VEHICLE
A vehicle which cannot be driven upon the public streets
for reasons including but not limited to being unlicensed, wrecked,
abandoned, in a state of despair or incapable of being moved under
its own power.
JUNKED MOTOR VEHICLE
Any vehicle which is no longer in actual use for transportation
or which is wholly unfit to be operated or has been discarded or otherwise
abandoned. Failure of a motor vehicle to display a current valid registration
plate and certificate of inspection, as required by the Vehicle Code
of Pennsylvania, shall constitute prima facie proof that such motor
vehicle is no longer in actual use for transportation.
LESSEE
Shall be construed as the owner for the purpose of this chapter
when the lesser holds the lessee responsible for maintenance and repairs.
MOTOR VEHICLE
Any vehicle which is self-propelled, as defined by the Vehicle
Code of Pennsylvania, pursuant to 75 Pa.C.S.A. § 102, and
vehicles which are customarily attached to and propelled by self-propelled
vehicles.
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.
Any vehicle in such a state of major disassembly and disrepair
as to be inoperative and/or incapable of being moved under its own
power or with any tire missing or without a wheel or wheels or with
any window broken or missing or any dismantled and/or deteriorating
condition or without current license plates or without a current inspection
sticker, which vehicle has not been moved or used for more than 15
consecutive days, shall be considered in violation of this chapter.
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. The Borough Police Department
shall remove said vehicle. In removing any such vehicle in violation
of this chapter or causing the same to be removed, the Police Department
shall comply with the provisions of Chapter 73 of the Vehicle Code
of Pennsylvania.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 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.