[HISTORY: Adopted by the Borough Council of the Borough of Larksville as indicated in article histories. Amendments noted where applicable.]
Inoperable or abandoned vehicles — See Ch. 505.
[Adopted 11-4-1974 by Ord. No. 5-1974 (Ch. 145 of the 1987 Code)]
No person or persons, partnership, firm, association or corporation shall store or park out of doors any wrecked, damaged, demolished, dilapidated, dismantled or abandoned motor vehicles on public or private property and on the streets and highways within the confines of the Borough of Larksville except as hereinafter provided.
Any such motor vehicle may be stored or parked on said streets, highways or public property only in the event of a compelling emergency. The owner, operator or custodian of such vehicle shall promptly, but not later than 24 hours of such storage or parking, notify Larksville of such storage or parking, giving the name of the owner, operator or custodian, the license number, if any, the reason for such storage or parking, the location of the vehicle, the time when the same was stored or parked and the provisions made, or to be made, for its removal. Such vehicle shall be removed from said streets, highways or public place within 48 hours from the time it was so stored or parked.
Where such vehicle is stored or parked on private land, the owner or occupants thereof, unless such storage or parking constitutes a trespass of which such owner or occupant of the land has no knowledge, or the owner, operator or custodian of such vehicle shall promptly, but not later than 72 hours after such parking or storage is discovered or occurs, notify the Zoning Officer of the Borough of Larksville or any other duly authorized and constituted representative of said Borough of such storage or parking, giving the name and address of the owner or occupant of the land and, if known, the name of the owner, operator or custodian of the vehicle, the license number, if any, the reason for such storage or parking and the provision made, or to be made, for its removal. Such vehicle shall not remain stored or parked out of doors after the expiration of 30 days from the time it was so stored or parked, provided that such storage or parking is not for the purpose of the bona fide repair of such vehicle.
Where such storage or parking is for the purpose of bona fide repairs to such motor vehicle and the owner or occupant of such land or the owner, operator or custodian of such motor vehicle is not engaged in the business of automotive repairs, but intends to make such repairs, such owner or occupant of the land or such owner, operator or custodian of such motor vehicle, as the case may be, shall apply to the Zoning Officer or any other duly authorized and constituted representative of the said Borough for a permit for the outside storage or parking of such vehicle during the course of its repairs, said permit to be good for a period of 60 days from the date of such storage or parking.
As used in this article, the following terms shall have the meanings indicated:
- MOTOR VEHICLE, VEHICLE AND AUTOMOBILE
- Applies to both self-propelled vehicles and vehicles which are customarily attached to and propelled by self-propelled vehicles.
[Amended 12-30-1987 by Ord. No. 3-1987]
Any person or persons, partnership, firm, association or corporation violating any of the provisions of this article shall, upon conviction in a summary proceeding, be sentenced to pay a fine not exceeding $300 and costs of prosecution and, in default of the payment of such fine and costs, may be imprisoned in the Luzerne County Prison for not more than 60 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 11-21-2017 by Ord. No. 4-2017]
The Larksville Borough Council has determined that hazardous and unsafe traffic conditions within the limits of the Borough of Larksville exist because large vehicles are often parked on streets and/or other public roadways in the Borough and because sports equipment is frequently left unattended in and on streets and/or other public roadways in the Borough. These hazardous conditions are detrimental to the public health, safety and welfare of the residents of the Larksville Borough and others, impede emergency vehicles (including fire apparatus, ambulances, etc.) and interfere with snow removal and the peaceful and quiet enjoyment of the residents of Larksville Borough in their homes and neighborhoods. The Larksville Borough Council has determined that the enactment and adoption of this article is necessary to remediate the foregoing.
The following words and/or phrases used in this article shall have the meanings given to them in this section, unless the content of this article clearly indicates otherwise, and the singular shall include the plural, the plural shall include the well as the neuter.
- A. The following, as defined in Section 102 of the Vehicle Code of the Commonwealth of Pennsylvania (75 Pa.C.S.A. § 102), as amended from time to time: articulated bus, bus, combination, construction truck, converter gear, covered farm vehicle, drive-away/tow-away operation, farm equipment, farm vehicle, full trailer, house coach, house trailer, limousine (capable of carrying 10 or more passengers), manufactured construction unit, manufactured home, mass-transit vehicle, maxi cube vehicle, mobile home, modular housing undercarriage, modular housing unit, motor carrier vehicle, motor home, recreational trailer, saddle-mount operation, school bus, semitrailer, stinger-steered automobile or boat transporter, tow dolly, trailer, truck-camper, truck tractor, and utility trailer.
- B. Boats, snowmobiles, all-terrain vehicles and similar off-road vehicles, pickup campers, boat trailers, tent trailers and cases or boxes used for transporting recreational equipment (whether containing that equipment or not).
- PARK or PARKING
- The halting of a vehicle, whether occupied or not, except temporarily for the purpose of, and while actively engaged in, loading or unloading property or passengers.
- Any street, road, avenue, boulevard, highway, drive, lane, court, cul-de-sac, alley, path, public way, and/or public square within the boundaries and limits of Larksville Borough.
- UNATTENDED SPORTS EQUIPMENT
- Portable basketball poles, portable soccer nets, portable street hockey nets, skateboard ramps, rollerblade ramps, and like or similar sports equipment not actually then being uses for the particular purpose for which it was designed and manufactured.
No person shall park, cause to be parked or permit to be parked any large vehicle on any street, road, avenue, boulevard, highway, drive, lane, court, cul-de-sac, alley, path, public way, and/or public square within the boundaries and limits of Larksville Borough.
The prohibitions of this article shall not apply to emergency vehicles as defined by the Vehicle Code of the Commonwealth of Pennsylvania (75 Pa.C.S.A. § 102), unless such vehicle(s) is/are in the process of being offered for sale, demonstration, and the like under such circumstances as evidence an intent that such emergency vehicle will not be available for active emergency operations for an uncertain length of time.
No person shall leave, cause to be left or permit to be left unattended any sports equipment in or on any street, road, avenue, boulevard, highway, drive, lane, court, cul-de-sac, alley, path, public way, and/or public square within the boundaries and limits of Larksville Borough.
Any person, or the registered owner of any large vehicle, who violates § 519-9 of this article shall be guilty of a summary offense and, upon conviction of such violation, shall be sentenced to pay a fine of not less than $25, plus costs of prosecution, unless another penalty is expressly provided for in the Vehicle Code of the Commonwealth of Pennsylvania.
If any section, term, phrase or provision of this article is declared by any court of competent jurisdiction to be invalid, unenforceable or unconstitutional for any reason, such declaration shall not affect the validity, enforceability or constitutionality of any other section, term, phrase or provision of this article, it being the intention of Larksville Borough Council that this article would have been enacted and adopted even if, and as if, such declared section, term, phrase or provision had not been included in this article.
Chapter 114 of the Code of the Borough of Larksville, as presently existing at and immediately is to the enactment of this article, shall be repealed in its entirety. Additionally, all other existing ordinances of Larksville Borough, or any part(s) thereof, inconsistent with this article, or any part(s) hereof, are hereby repealed.
Editor's Note: "Chapter 114" refers to the 1987 Code, which chapter was adopted 12-12-1986 by Ord. No. 10-1986.
This article shall become effective immediately upon its due enactment, adoption and approval.