[HISTORY: Adopted by the Borough Council of the Borough of
Larksville as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
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:
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.
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.
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).
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.
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.
A.
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.[1] 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.
[1]
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.
