The storage of abandoned or junked automobiles and/or the accumulation of junk on public or private property within the Borough of Kittanning, and not within the confines of a licensed junkyard, is hereby declared a nuisance and prohibited as hereinafter provided.
[Adopted 6-11-1990 by Ord. No. 350-1990 (Ch. X, Part 4, of the 1970 Code of Ordinances)]
This article shall be known and may be cited as "Kittanning Borough Abandoned and Junked Automobile and Junk Accumulation Ordinance."
The following words and phrases, when used in this article, shall have the meaning ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
A period of 24 hours measured from midnight of any calendar day.
Any and all forms of waste and refuse of any type or material; including scrap metal, junked motor vehicles, glass, industrial waste, and other salvageable material. This shall include refuse and garbage unless the same is contained within fully enclosed containers constructed of impermeable materials in such manner as to be airtight and watertight.
Any automobile outside of a building fully enclosed or enclosed on three sides which is:
Not in full, complete and safe working order sufficient to pass state vehicle inspection; or
Without a current state inspection sticker displayed on the automobile; or
Without current state registration plates or sticker displayed on the automobile; or
Stored for selling parts therefrom; or
Stored for resale as junked metal.
Every natural person, association or corporation whenever used in any clause prescribing or imposing a fine, or penalty of imprisonment in default thereof; the term as applied to associations shall mean any member thereof, and as applied to corporations shall mean the president or secretary thereof.
It shall be unlawful for any person to store any abandoned or junked automobile or to accumulate junk on private or public property within the geographical boundaries of the Borough of Kittanning, Armstrong County, Pennsylvania, for any portion of a calendar day. The storage of any automobile as hereinabove prohibited in this section or the accumulation of any junk for more than one calendar day shall constitute a separate and distinct unlawful act for any portion of each calendar day. Provided, however, that nothing herein contained shall be so construed as to prohibit or render unlawful the storage of abandoned or junked automobiles or the accumulation of junk within the confines of any junkyard within said Borough which is duly licensed and operating under the provisions of other ordinances of the Borough.
Any person upon summary conviction before a Magisterial District Judge of violating any of the provisions of § 422-4 of this article shall for the first offense be sentenced to pay a fine of not less than $10 nor more than $50, and, for each and every subsequent offense, shall be sentenced to pay a fine of not less than $25 nor more than $600, and, in default thereof for a first or subsequent offense shall undergo imprisonment for not less than five days nor more than 30 days.
All prosecutions shall be brought in the name of the Borough of Kittanning before the appropriate Magisterial District Judge and shall be commenced by information or complaint. Proceedings shall be had as in cases of summary judgments.