[Ord. 774-09, 12/30/2009]
As used in this Part, the following terms shall have the meanings
indicated:
BOROUGH PERMIT
A permit issued by the Borough Manager to allow the standing,
parking and/or storage of a commercial vehicle or a noncommercial
vehicle in a residential zone for the sole purpose of providing maintenance,
construction, repair, storage or delivery services incidental to construction
and/or maintenance activities at or upon real estate located within
a residential zone, for a period of not more than 10 consecutive days.
A Borough permit shall be requested by submitting an application to
the Borough Manager on a form provided by the Borough Manager, together
with a nonrefundable application processing fee in the amount of $20.
COMMERCIAL VEHICLE
A motor vehicle, a former motor vehicle (with or without
axles), a converted motor vehicle (with or without axles) or a nonmotorized
accessory trailer that was capable of a gross vehicle weight rating
in excess of 10,001 pounds at the time of manufacture, which may include,
but not be limited to, a bus, cement truck, box truck, box van, semi-tractor,
semi-trailer, stake-bed truck, step van, tank truck, tar truck, dump
truck, tow truck, wrecker or any other vehicle or trailer (whether
or not said trailer is resting on wheels), which is used for recreational,
nonrecreational or storage purposes.
NONCOMMERCIAL VEHICLE
A motor vehicle, a former motor vehicle (with or without
axles), a converted motor vehicle (with or without axles) or a nonmotorized
accessory trailer that does not meet the gross vehicle weight rating
criteria of a "commercial vehicle" as defined in this Part 9.
RESIDENTIAL ZONE
Real estate that is located within either the MDR-1 (Medium
Density Residential — Zone 1) or the MDR-2 (Medium Density Residential
— Zone 2) zoning districts of the Borough of Hamburg according
to the Borough of Hamburg Zoning Ordinance.
[Ord. 774-09, 12/30/2009]
No person shall cause to stand, park, store or permit the standing,
parking or storage of a commercial vehicle in or upon any driveway,
side yard, front yard or rear yard in a residential zone at any time
unless within a permitted enclosed structure (i.e., garage).
[Ord. 774-09, 12/30/2009]
No person shall cause to stand, park, store or permit the standing,
parking or storage of a noncommercial vehicle that is being used either
directly or incidentally for the storage of any item(s) or material(s)
in or upon any driveway, side yard, front yard or rear yard in a residential
zone at any time unless within a permitted enclosed structure (i.e.,
garage).
[Ord. 774-09, 12/30/2009]
The prohibitions set forth above in §§
15-902 and
15-903 above shall not apply to:
A. Any commercial vehicle or noncommercial vehicle located in a residential
zone pursuant to a Borough permit;
B. Any commercial vehicle or noncommercial vehicle that is an emergency
vehicle (i.e., police, fire or EMT related); or
C. Any commercial vehicle or noncommercial vehicle that is making a
bona fide, temporary pick up or delivery of persons or property amounting
to 30 minutes or less.
[Ord. 774-09, 12/30/2009]
The Hamburg Police Department and/or the Hamburg Code Enforcement
Officer shall have the authority, duty and responsibility of enforcing
any and all potential violations of this Part 9.
[Ord. 774-09, 12/30/2009]
Any violation of this Part 9 shall constitute a public nuisance.
[Ord. 774-09, 12/30/2009]
If a person shall violate this Part
9, that person shall be guilty of a violation of this Part and, upon conviction thereof, shall be sentenced to pay a fine of not less than $100 nor more than $500, plus court costs, or imprisonment for not more than 30 days, or both. Each day that a violation of this Part occurs shall constitute a separate violation of this Part.