[HISTORY: Adopted by the Borough Council of the Borough of Dalton 6-8-2000 by Ord. No. 5-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 263.
This chapter shall be known and may be cited as the "Borough of Dalton Junk Motor Vehicle Ordinance."
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner for the purpose of this chapter when the lessor holds the lessee responsible for maintenance and repairs.
MOTOR VEHICLE
Any type of mechanical device propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semitrailers pulled thereby.
NUISANCE
Any condition, structure or improvement which shall constitute a danger or potential danger to the health, safety or welfare of the citizens of the Borough of Dalton.
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 this chapter, the singular shall include the plural; the plural shall include the singular; the masculine shall include the feminine and the neuter.
It shall be unlawful for any person, owner or lessee of a motor vehicle to maintain a motor vehicle nuisance upon the private grounds of such person, owner or lessee, or otherwise, within the Borough of Dalton. A motor vehicle nuisance shall include any motor vehicle which is unable to be operated lawfully on the highways of the Commonwealth of Pennsylvania which may have operational or physical deficiencies, including, but not limited to, the following:
A. 
Broken windshields, mirrors or other glass, with sharp edges.
B. 
One or more flat or open tires or tubes which could permit vermin harborage.
C. 
Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.
D. 
Any body parts with sharp edges, including holes resulting from rust.
E. 
Missing tires resulting in unsafe suspension of the motor vehicle.
F. 
Upholstery which is torn or open which could permit animal and/or vermin harborage.
G. 
Broken headlamps or taillamps with sharp edges.
H. 
Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle.
I. 
Protruding sharp objects from the chassis.
J. 
Broken vehicle frame suspended from the ground in an unstable manner.
K. 
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
L. 
Exposed battery containing acid.
M. 
Inoperable locking mechanism for doors or trunk.
N. 
Open or damaged floorboards, including trunk and fire wall.
O. 
Damaged bumpers pulled away from the perimeter of vehicle.
P. 
Broken grill with protruding edges.
Q. 
Loose or damaged metal trim and clips.
R. 
Broken communication equipment antennas.
S. 
Suspended on unstable supports.
T. 
Such other defects which could threaten the health, safety and welfare of the citizens of the Borough of Dalton.
It shall be unlawful for any person to store any abandoned or junked motor vehicle or parts thereof on private or public property within the geographical boundaries of the Borough of Dalton, Lackawanna County, Pennsylvania, for any portion of a calendar year. The storage of any motor vehicle or parts thereof, as hereinabove prohibited in this section, for more than one calendar day shall constitute a separate and distinct unlawful act for any portion of each calendar day.
Any person who violates or permits a violation 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 undergo imprisonment for not more than 30 days, provided that each violation of any provision of this chapter and each day the same is continued shall be deemed a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The provisions of this chapter may be enforced by the Dalton Borough Police Department, the Dalton Borough Zoning Officer, or the Dalton Borough Code Enforcement Office, or their respective designees.
This chapter is enacted by the Borough of Dalton under the authority of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No. 581, known as the Borough Code, § 1005, as recodified and amended (see now 8 Pa.C.S.A. § 1005), and any other applicable law arising under the laws of the Commonwealth of Pennsylvania.