[HISTORY: Adopted by the Borough Council of Montgomery Borough 6-5-1984 by Ord. No. 1984-2 (Ch. VIII, Part 1, of the 1996 Code of Ordinances). Amendments noted
where applicable.]
Unless otherwise expressly stated, the following terms shall
have, for the purpose of this chapter, the meanings herein respectively
indicated:
Includes one or more motor vehicles which has been or at
one time licensed or required to be licensed by the Commonwealth of
Pennsylvania for use over the highways but which is not presently
so licensed and which does not presently have a current inspection
sticker as required by the laws of the Commonwealth of Pennsylvania
for vehicles presently being used over the highways and this term
shall include any part or parts thereof, as well as trailers or semi-trailers
or parts thereof. Provided: Nothing contained in this chapter shall
apply or refer to any vehicle with current antique license plates
as issued by the Commonwealth of Pennsylvania.
Includes any natural person, copartnership, association,
firm or corporation. Whenever used in any clause prescribing and imposing
a penalty, or both, the term "person" as applied to copartnership
or association shall mean the partnership or the members thereof,
and as applied to a corporation shall be the officers thereof.
Any property not owned or leased by the government of the
United States, Commonwealth of Pennsylvania, or any political subdivision,
but it does include licensed junkyards or legally operated commercial
businesses where the keeping of motor vehicles as hereinafter defined
are commonly incidental to such business.
A.
Parking of vehicles without current registration tag and inspection
sticker. It shall be unlawful to park any vehicle upon any of the
streets or alleys of the Borough, or to allow any vehicle to remain
thereon, which does not bear then current registration plates of the
Commonwealth of Pennsylvania, or any other state, providence or territory
and which does not bear the current inspection sticker.
B.
License required to keep certain motor vehicles on private property
for longer than 30 days. No motor vehicle shall be permitted on any
private property in the Borough of Montgomery for any period longer
than 30 days unless a written application for permission to keep the
same has been made to and approved by the Borough Council.
A.
Application for permit and fee.
(1)
Any person desiring to keep or to continue to keep a motor vehicle
on private property within the Borough in excess of 30 days shall
apply, in writing, to the Borough Council for a permit to do so. Such
application shall set forth the location, description and ownership
of the land on which the said motor vehicles are to be placed or are
placed, the number and nature thereof, the title owner thereof (if
any), the manner of keeping and the length and purpose of keeping
motor vehicles and the following statement:
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"The applicant's consent to any entry on the premises by
the Borough Council or their designee, necessary to the enforcement
of the provisions of this chapter."
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(2)
Said application shall be signed by the owner or owners of the premises
and the person or persons in whose name the title to said vehicle
has been issued, if any. Such application shall be accompanied by
a fee of $5.
B.
Issuance of permit; maximum time valid; grants for extension. When
the Borough Council is satisfied that the keeping of such motor vehicle
on private premises does not or will not adversely affect the health,
safety, morals, general welfare, cleanliness, convenience and comfort
of the Borough and its inhabitants thereof, a permit shall be issued
for such period of time as is deemed necessary, but in no event for
a period longer than 130 days after the issuance thereof. Such permit
shall be subject to suspension whenever the holder thereof shall be
convicted of any violation of this chapter or shall have kept in use
such motor vehicle in any way different from that set forth in the
application for the permit to keep the motor vehicle. Provided: A
permit granted pursuant to this section may be extended beyond 130
days, for a period to be noted on such permit, which in no event shall
exceed 600 days from the original date of issuance, where the application
for the permit actually states that the owner of the land involved,
or the title owner of the vehicle involved is serving as an active
member of the Armed Services of the United States of America and,
at the time of application, is stationed at a point at least 75 miles
distant from the location of the vehicle involved. Upon expiration
of any permit extended as herein provided, an application for further
extension may be made. Such extension shall be deemed to terminate
automatically upon the lapse of 30 days after such landowner's
or title owner's status has so changed as to not qualify him
for the extension provided herein were he to apply at the time that
his status were so changed.
C.
Permits not transferable. No permit issued under this chapter shall
be transferable to any other person.
Prior to the expiration of any permit issued under this chapter,
the holder thereof may apply for renewal thereof. Such application
shall restate the requirements of the original application, except
that it shall be designated a "renewal application" and shall be accompanied
by a fee of $5. Members of the armed forces shall be exempt from the
renewal fee.
Any person aggrieved by the refusal of permit may request and
shall be granted a hearing before the Borough Council, provided he
shall file with the Council a written petition requesting such a hearing
and setting forth a brief statement of the grounds therefor within
10 days after notice that a permit has been refused. The hearing shall
be commenced no later than 30 days after the date on which the petition
was filed, unless postponed for sufficient cause. After such hearing,
the Council shall sustain, modify or overrule their action.
Any motor vehicle kept on private grounds without a permit issued
by the Borough Council, as herein required, shall be removed by the
owner, occupier of said grounds, or titleholder to said motor vehicle
after notice to do so. In default thereof, Borough may cause the same
to be done and collect from any of the foregoing receiving the said
notice the cost thereof, together with a penalty of 10% of such costs,
in the manner provided by law for the collection of municipal claims
or by an action of assumpsit or may seek appropriate legal or equitable
relief.
In the event that the owner or owners of the premises and title
owner or title owners of the motor vehicle shall be different persons,
they shall be equally responsible to see that the ordinance is complied
with.
[Amended 8-26-1968 by Ord. No. 97; 4-6-1982 by Ord. No. 1982-1; 12-12-1995 by Ord. No. 1995-21]
Any person who violates any provision of this chapter shall
be guilty of an offense and, for every such violation, upon conviction,
shall be sentenced to pay a fine of not less than $25 nor more than
$600 and costs of prosecution and, in default of payment of fine and
costs, to undergo imprisonment for not more than 30 days. Provided:
Whenever any such person shall have been notified by Borough Council,
by prosecution or in any other manner, of that violation, each day
thereafter that the violation continues shall constitute a separate
violation of this chapter.
