[Ord. 1-2005, 1/10/2005, § 1]
This Subpart I shall be known and may be cited as the "Prohibition
of Outdoor Storage of Unregistered, Uninspected and Junk Vehicles
Ordinance of 2005."
[Ord. 1-2005, 1/10/2005, § 2]
For the purposes of this Subpart I, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and the words in the singular number include the plural number;
and the word "shall" is always mandatory and not merely directory.
BOROUGH
The Borough of Hughesville, Lycoming County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of Hughesville Borough, Lycoming County,
Pennsylvania.
MOTOR VEHICLE IN A STATE OF MAJOR DISREPAIR
A motor vehicle unable to move under its own power and which
has any of the following 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 vermin harborage.
D.
Any exposed 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 vermin harborage.
G.
Broken headlamps or tail lamps 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 edges from the chassis.
J.
Any vehicle or part thereof suspended from the ground in an
unstable manner.
K.
Leaking or damaged oil pan or gas tank.
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 the vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips.
R.
Broken communication equipment antennae.
OWNER
A person owning, leasing, occupying or having charge of any
premises within the Borough.
UNREGISTERED VEHICLE
A motor vehicle as defined by the Pennsylvania Vehicle Code
that does not have a valid state registration plate or certification
of inspection.
[Ord. 1-2005, 1/10/2005, § 3]
It shall be unlawful to park, keep, or store an unregistered,
uninspected, or junk vehicle, or motor vehicle in a state of major
disrepair, or any vehicle in the process of being stripped or dismantled,
for a period in excess of 30 days on any property, street or alley
within the Borough of Hughesville outside of an enclosed building.
A temporary move of the vehicle shall not stop the running of the
thirty-day period.
[Ord. 1-2005, 1/10/2005, § 4]
1. Nothing
in this Subpart I shall be construed or interpreted to prohibit the
keeping, storing or parking of an unregistered, uninspected or junk
vehicle or vehicle in a state of major disrepair or any vehicle in
the process of being stripped or dismantled, completely within an
enclosed building.
2. This
Subpart I shall not apply to licensed salvage, body shop or vehicle
repair businesses that have been licensed by the commonwealth and
issued occupancy permits by the Hughesville Zoning Officer.
[Ord. 1-2005, 1/10/2005, § 5]
1. If
any owner shall be found guilty of a violation of this Subpart I,
said owner shall pay a civil fine as follows:
B. Second offense within five years of the first offense: $150.
C. Third offense or more within five years of the first offense: $200.
2. The
Borough, by means of a complaint in equity filed with the Court of
Common Pleas, may compel the owner to remove the vehicle in violation
of this Subpart I and may seek such other relief as such court deems
appropriate, including the recovery of legal fees and costs.
[Ord. 1-2005, 1/10/2005, § 6]
If any section, subsection, clause, phrase or portion of this
Subpart I is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holdings shall not affect
the validity of the remaining portions hereof.