[Added 7-11-2011 by Ord. No. 2011-3]
Effective upon adoption of this article, no person or legal
entity shall place or park any vehicle for purpose of repair, rebuilding,
maintenance or restoration nor engage in any such activity or activities
on any Borough street unless in strict conformity with this article.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Burgettstown, Washington County, Pennsylvania.
Any street, road, alley or public right-of-way situate in
the Borough of Burgettstown, regardless of whether the same is paved
or unpaved, and regardless of whether the same is maintained by the
Borough.
Any vehicle as defined herein for which a commercial vehicle
license or commercial registration is required by the Commonwealth
of Pennsylvania, Department of Transportation or any other regulatory
agency or body.
Nonplanned and/or unforeseen activities that take place on
the same day that such things as, but not limited to, a flat tire,
dead battery, broken fanbelt and the like occur.
General repairs such as, but not limited to, rebuilding or
conditioning engines; collision services, including body, frame or
fender straightening or repair; overall painting or paint shop; vehicle
steam cleaning; and such other activities that normally would be done
by or at a repair shop or facility.
Minor repairs include such items as changing a tire; replacing
a battery, windshield wipers, spark plugs, air filters, oil filters
and oil; or adding radiator fluid, brake fluid, oil, power steering
fluid and washer fluid. Minor repairs do not include any item defined
as a "major repair" or any other similar use.
Any device propelled totally or in part by fuel or electricity
and any item towed by such an item, regardless of whether or not the
same requires inspection, registration or license.
A.
Emergency repairs may be performed at the site of the emergency if
they are necessary to safely move the vehicle.
B.
Minor repairs that are not emergency repairs must be performed on
the Borough street immediately fronting the residence of the owner
or operator of the vehicle; however, minor repairs shall not be performed
on the Borough street if the vehicle's operator or owner occupies
or owns real estate that has a driveway and/or garage adjoining the
Borough street.
C.
Major repairs shall not be performed on any Borough street.
D.
Commercial vehicles. Only emergency repairs may be performed on a
Borough street on a commercial vehicle.
A.
Any activity involving the removal and/or draining of any liquid
shall be done in such a fashion that the same is contained and does
not enter onto or in any Borough street. Said liquid must be disposed
of in accordance with any and all rules and regulations of the Pennsylvania
Department of Environmental Protection.
B.
The person or legal entity performing the activity shall be responsible
for cleaning the affected area and restoring or repairing any and
all damage to the same.
C.
No vehicle may be left unattended when supported by jacks or blocks
unless it is in a locked garage.
D.
Both minor and emergency repairs must be completed within three hours
unless delayed by weather conditions.
E.
No restricted activity, except for emergency repairs, shall take
place prior to 9:00 a.m. nor after 8:00 p.m. and in no event shall
take place on July 4, Christmas Day, Easter, Yom Kippur, and Thanksgiving
Day.
F.
To the extent that any other Borough rule, regulation or ordinance
or any requirement or regulation by the Pennsylvania Department of
Transportation should conflict with any provisions contained herein,
the more stringent of the same shall prevail.
G.
Any vehicle that is in violation of any portion of this article may
be towed and impounded at the expense of the owner.
H.
No activities as a part of a business, commercial enterprise or for
profit shall be permitted on any Borough street.
Any person or entity who violates any of the terms and requirements
of this article shall be given a warning either in writing or orally
to cease and desist the subject activity. Any person or entity who
fails to abide by the warning or commits a subsequent violation within
one year of the said warning 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 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
article 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 article in equity in the Court of Common Pleas of
Washington County.
The Borough does not assume any liability or responsibility
pursuant to this article, as the Borough has not and does not supervise
the activity nor make any recommendation, direction or review of the
process or procedure. Any person who chooses to perform work on any
Borough street agrees to protect, defend, indemnify and hold harmless
the Borough as pertains to any and all claims arising out of the activity.
