[Ord. No. 11, 2/9/1958; as amended by Ord. No. 1988-2, 12/13/1988]
1. As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner, for the purpose of this Part, 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 threat or potential threat to the health, safety, or welfare of
the citizens of the Township of Forward.
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.
2. In this Part, the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. No. 11, 2/9/1958; as amended by Ord. No. 1988-2, 12/13/1988]
1. It shall be unlawful for any person, owner or lessee to maintain
a motor vehicle nuisance upon the open private grounds of such person,
owner or lessee within the Township. A motor vehicle nuisance shall
include any motor vehicle which is unable to move under its own power
and has any of the following physical defects:
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 firewall.
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 antennae.
S. Suspended on unstable supports.
T. Such other defects which could threaten the health, safety and welfare
of the citizens of the Township.
[Ord. No. 11, 2/9/1958; as amended by Ord. No. 1988-2, 12/13/1988]
1. Any person, owner or lessee who has one or more motor vehicle nuisances as defined in §
10-102 above may store such vehicle(s) in the Township only in strict compliance with the regulations provided herein. Such person, owner or lessee must, first, apply for a permit for either temporary or permanent storage and pay a fee to the Township such as may be provided from time to time by resolution of the Board of Supervisors. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaqued fence at least six feet high which is locked at all times when unattended. With the special approval of the Board of Supervisors, motor vehicle nuisances may also be stored outside in an area enclosed by a chain-link fence at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, all gas and oil or other flammable liquid shall be removed from the motor vehicle, and it shall be kept free of vermin infestation while being stored. The total area of storage of motor vehicle nuisances may not exceed 1,500 square feet.
2. Nothing herein shall be construed to permit the storage of motor
vehicle nuisances contrary to the provisions of the Township Zoning
Ordinance.
[Ord. No. 11, 2/9/1958; as amended by Ord. No. 1988-2, 12/13/1988]
1. The Enforcement Officer is hereby empowered to inspect grounds on
which motor vehicles are stored to determine if there is compliance
with the provisions of this Part. If noncompliance with the provisions
of this Part constitutes a nuisance, or if any condition, structure,
or improvement poses a threat to the health, safety, or welfare of
the public, he shall issue a written notice to be served by registered
or certified mail upon the owner of said premises, or, if the owner's
whereabouts or identity be unknown, by posting the notice conspicuously
upon the offending premises.
2. Said notice shall specify the condition or structure or improvement
complained of and shall require the owner to commence to remove or
otherwise rectify the condition or structure or improvement as set
forth therein within 10 days of mailing or posting of said notice
and, thereafter, to fully comply with the requirements of the notice
within a reasonable time.
[Ord. No. 11, 2/9/1958; as amended by Ord. No. 1988-2, 12/13/1988]
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the conditions within the time
limit prescribed, the Township shall have the authority to take measures
to correct the conditions and collect the cost of such corrections,
plus 10% of all costs. The Township, in such event and pursuant to
its statutory or otherwise authorized police powers, shall have the
right and power to enter upon the offending premises to accomplish
the foregoing.
[Ord. No. 11, 2/9/1958; as amended by Ord. No. 1988-2, 12/13/1988]
1. Any person aggrieved by the decision of the Enforcement Officer may
request and shall then be granted a hearing before the Board of Supervisors,
provided he files with the Board of Supervisors, within 10 days after
notice of the Enforcement Officer's decision, a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor. The hearing shall commence not later than 30 days
after the date on which the petition was filed, unless postponed for
sufficient cause.
2. After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the Enforcement Officer.
[Ord. No. 11, 2/9/1958; as amended by Ord. No. 1988-2, 12/13/1988]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not more than
$300 and/or to undergo imprisonment for a term not to exceed 90 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. No. 11, 2/9/1958; revised by Ord. No. 1988-2, 12/13/1988]
The remedies provided herein for the enforcement of this Part,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively, at the
option of the Board of Supervisors.
[Ord. No. 2011-2, 7/12/2011]
The following definitions shall apply in the interpretation
and enforcement of this Part:
EMERGENCY SERVICES
The services provided by the Evans City Area Volunteer Fire
Department and/or any emergency agency or provider operating within
the Township of Forward or the Commonwealth of Pennsylvania.
FALSE ALARM
Any activation of an alarm system by inadvertence, negligence
or intentional or unintentional acts or means to which emergency services
of the Evans City Area Volunteer Fire Department and/or other emergency
services agency or provider respond and where it is determined that
the alarm was not the result of a crime in progress, fire, medical
or other emergency necessitating a response by emergency services,
excepting those alarms which are caused solely by weather extremes
or inadvertent utility interruptions.
[Ord. No. 2011-2, 7/12/2011]
It shall be unlawful for the property owner, lessee, or any
person occupying, in control of, or otherwise on or in any premises
within Forward Township to make, or cause to be made, a false alarm
directly or indirectly to any emergency services agency or provider
responding to alarms within the Township.
[Ord. No. 2011-2, 7/12/2011]
1. Whether an alarm is a false alarm as defined herein is to be determined
by the Evans City Area Volunteer Fire Department or other affected
emergency services agency or provider. The decision shall be final.
2. Upon notification to Forward Township of a first false alarm within
a calendar year, the Township shall send a written warning to the
owner, lessee, and/or occupant of the premises notifying said person
or persons of this Part and directing that a written report be made
within 14 days by said owner, lessee, or occupant of the property
to the Evans City Area Volunteer Fire Department, and/or other emergency
service agency or provider, setting forth what steps have been taken
to eliminate future false alarms.
3. Service fees for false alarms shall be assessed by and paid to Forward
Township as follows:
A. A second false alarm in any one calendar year shall be subject to
a service fee of $100 to residential homeowners and $200 to commercial
buildings.
B. A third false alarm in any one calendar year shall be subject to
a service fee of $200 to residential homeowners and $400 to commercial
buildings.
C. A fourth and all subsequent false alarms in any one calendar year
shall be subject to a service fee of $500, plus prosecution in accordance
with this Part.
4. Forward Township shall be responsible for administering the terms
of this Part.
[Ord. No. 2011-2, 7/12/2011]
1. In the event a violation of this Part occurs, in addition to such
other remedies as may be available under existing law, Forward Township
may institute an action in equity to prevent, restrain, correct, abate
or enjoin such violation.
2. Any person, whether as principal or agent, who violates this Part,
fails to comply with any provision of this Part, or assigns or abets
its violation shall, upon conviction thereof, before any Magistrate,
be sentenced to pay a fine not less than $100, nor more than $300,
together with the costs of prosecution and service fees as set forth
above. In default of the payment of said fine, costs and service fees,
he or she shall be committed to the county jail for a period not exceeding
30 days.
[Ord. No. 2011-2, 7/12/2011]
The fines implemented in this Part shall not be imposed for
a period of one month. The one-month grace period shall begin on the
effective date of this Part. At the completion of the one-month grace
period, any violation of this Part shall be enforced by all available
procedures.
[Ord. No. 2011-2, 7/12/2011]
1. Nothing in this section is intended to prohibit the prosecution of
false alarms pursuant to 18 Pa.C.S.A. § 7511, as may be
amended, by the emergency service agency or provider responding to
the false alarm or by Forward Township.
2. All remedies set forth in this Part are cumulative, and the failure
to pursue any one of said remedies does not constitute a waiver of
said remedy or any other remedy.
[Ord. No. 2011-2, 7/12/2011]
1. Forward Township is hereby authorized and directed to execute any
and all documents necessary to effectuate the purposes of this Part.
2. The Code Enforcement Officer shall have all necessary power and authority
to enforce this Part by issuing citations and taking all necessary
actions as directed by the Township.