[HISTORY: Adopted by the City Council of the City of Shamokin 11-14-1994 by Ord. No. 371 (Ch. 104 of the 1967 Code); amended in its entirety 4-12-2010 by Ord. No. 10-02.
Subsequent amendments noted where applicable.]
This chapter may be cited as the "City of Shamokin Abandoned
and Junk Vehicle Ordinance."
The City Council of the City of Shamokin finds it necessary
and desirable to regulate the accumulation and/or storage of abandoned,
hazardous, harmful and junked vehicles and related debris within the
City in order to promote the comfort, health, safety and welfare of
the residents of, and visitors to, the City by protecting them from
exposure to nuisances, including, but not limited to, hazardous or
harmful solid, fluid or gaseous materials; hazardous or harmful vegetation
and/or vermin; hazardous or harmful obstacles to parking, driving
or pedestrian traffic; and such hazardous or harmful conditions which
may attract children and others to them and result in physical injury
or other harm; and further to prevent the blighting of neighborhoods
and the degradation of the environment, and to minimize the psychological
ill effects of the presence of such vehicles and debris upon adjoining
residents and property owners.
A.
BONA FIDE AUTO REPAIR OR PAINT SHOP
CITY
MOTOR VEHICLE
PERSON
PREMISES
As used
in this chapter, the following terms shall have the meanings indicated:
A person doing business as an auto repair mechanic, licensed
inspection station mechanic, auto body mechanic or automobile paint
mechanic, as evidenced by a sign (at least 12 inches by 24 inches
in size and visible from the exterior of the premises) designating
the type of business conducted on the premises and also having proof
of local tax registration, and having all required licenses and permits.
The City of Shamokin, Northumberland County, Pennsylvania.
A vehicle which is self-propelled, except an electric personal
assistive mobility device or a vehicle which is propelled solely by
human power.
Any individual, firm, company, corporation, partnership,
association, trust, syndicate, department, bureau, agency or other
entity of any kind recognized by law as the subject of rights and
duties.
All structures, plots, parcels or tracts of land, owned,
leased or otherwise entitled to be possessed or controlled by a person
which are located within 300 feet of each other shall be considered
a single premises regardless of whether they are physically separated
or are separately deeded or assessed.
B.
For any
term in this chapter, the singular shall include the plural and the
plural shall include the singular. A reference to the masculine, feminine
or neuter gender shall be considered a reference to any and all such
genders.
A.
Abandoned vehicles. It shall be unlawful for any person who is the
owner, lessee, or is otherwise entitled to possession or control of
a motor vehicle to cause or allow such vehicle to be abandoned within
the City of Shamokin.
(1)
For the purposes of this section, an abandoned motor vehicle is any
motor vehicle which:
(a)
Is left on a public City road or on public lands for longer
than 48 hours in violation of an ordinance which prohibits parking
at that location; or
(b)
Is left on private property without the consent of the owner,
occupant, lessee, or person otherwise in control thereof for longer
than 24 hours; or
(c)
Is left on a public City road or public property for more than
24 hours and is incapable of being operated in its usual manner due
to accident, neglect or other cause or condition; or
(d)
Is left unattended for any period of time on a public City road
or public property and does not bear all three of the following:
(e)
Is one which meets the definition of "abandoned vehicle" pursuant
to the provisions of the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 101
et seq.).
(2)
Nothing in this section shall prohibit a person charged with violating
this section from being charged under or subject to any other applicable
ordinance, law or regulation of the City of Shamokin or Commonwealth
of Pennsylvania, including, but not limited to, ordinances, laws or
regulations which regulate or prohibit parking or provide for the
public safety.
B.
Hazardous, harmful or junked vehicles. Except as otherwise provided
in this chapter, it shall be unlawful for any person to cause or allow
the storage of any hazardous, harmful or junked motor vehicle on any
premises owned, leased, licensed to, or otherwise in the control or
possession by him or any other person or on any public road or property.
For the purposes of this section, a hazardous, harmful or junked vehicle
is:
(2)
Any motor vehicle which may or may not be moved under its own power
and has any one of the following physical defects:
(a)
Broken windshields, mirrors or other glass with sharp edges;
or
(b)
One or more flat or opened tires or tubes which could permit
animal, insect or vermin harborage; or
(c)
Any missing door(s), window(s), hood, trunk or other body part
which could permit animal, insect or vermin harborage; or
(d)
Any body parts with sharp edges or holes resulting from rust
or other cause; or
(e)
Missing tires or wheels, resulting in unsafe suspension or support
of the motor vehicle; or
(f)
Upholstery which is torn or open, which could permit animal,
insect or vermin harborage; or
(g)
Broken headlamps, taillamps, bumpers or grills with sharp edges;
or
(h)
Disassembled body or chassis parts stored in a disorderly fashion
or loose in, on or about the vehicle; or
(i)
Protruding sharp objects from the chassis; or
(j)
A broken frame, and is suspended from the ground in an unsafe
or unstable manner; or
(k)
Leaking or damaged oil pan or gas tank, which could cause a
fire or explosion; or
(l)
Exposed battery containing acid; or
(m)
Inoperable locking mechanism for doors or trunk, permitting
access by children; or
(n)
Open or damaged floorboards, including trunk and firewall; or
(o)
Damaged bumpers pulled away from the perimeter of the vehicle;
or
(p)
Broken grill with protruding edges; or
(q)
Loose or damaged metal trim or clips; or
(r)
Broken communication equipment or antennae that expose sharp
edges; or
(s)
Is suspended by blocks, jacks or other such materials in a location
which may pose a danger to children or other persons using, visiting
or who are attracted to the premises, or is otherwise suspended or
supported on unstable platforms; or
(t)
Leaking fluids from the vehicle, which may be harmful to the
public or to the environment; or
(u)
Such other defects which could threaten the health, safety,
and welfare of the citizens of and visitors to the City of Shamokin.
C.
Exceptions. Unless otherwise prohibited by any other ordinance, rule
or regulation of the City of Shamokin, or by any law, rule or regulation
of the Commonwealth of Pennsylvania (including, but not limited to,
those regulating zoning, land use, nuisances, public safety, or vehicle
storage and operation) it shall not be unlawful for a person:
(1)
To store on the interior his premises up to two vehicles which are
either unlicensed, unregistered or uninspected, provided:
(a)
The vehicle or vehicles are titled in the name of the owner
or bona fide lessee of the property upon which they are stored;
(b)
The vehicle or vehicles are stored inside a garage or other
suitable permanent structure on the premises; and
(c)
The vehicle or vehicles do not present a health hazard (including,
but not limited to, the excessive leaking of fluids and the harborage
of animals or insects); or
(2)
To store on the exterior of his premises one vehicle which is either
unlicensed, unregistered or uninspected, provided the vehicle:
(a)
Is covered by a cloth or plastic cover which has been specifically
designed and manufactured for the covering of vehicles;
(b)
Does not present a health hazard (including, but not limited
to, the excessive leaking of fluids and the harborage of animals or
insects);
(c)
Is not visible to or easily accessible by the general public;
and
(d)
Is titled in the name of the owner of the premises upon which
it is stored; or
(3)
Who operates a bona fide auto repair or paint shop to store on the
exterior of his premises up to five vehicles which would otherwise
be considered hazardous, harmful or junked vehicles under this chapter,
provided i) none of the vehicles present a direct health hazard to
the surrounding area (including, but not limited to, the leaking of
fluids and the harborage of animals or insects); ii) the vehicles
are stored within an approved enclosure which may not exceed 250 square
feet in area and which is surrounded by a sturdy opaque fence which
is at least six feet high, the gate of which is locked when the vehicles
are not attended, and such fence being the type which will reasonably
prevent unauthorized access to the enclosure and keep the vehicles
from the sight of the general public and the ground level of the adjoining
property; iii) the enclosure is located within 75 feet of the structure
in which the actual repairs are to be made; and iv) each vehicle is
scheduled for repair by the auto repair or paint shop and is in fact
repaired or otherwise permanently removed from the enclosure within
30 days of its original placement in the enclosure. The person seeking
exemption under this provision shall maintain a register book listing
the i) the name, make, model, color and vehicle identification number
(VIN) of each vehicle placed in the enclosure; ii) the initial date
the vehicle was placed in the enclosure; iii) the date repairs are
scheduled to be made to the vehicle; iv) the date(s) the repairs were
made; and v) the date the vehicle was removed from the enclosure.
This register book shall be made available for inspection by the City
Codes Enforcement Officer, or any City police officer or other City
official (hereinafter referred to as "City officials") having legitimate
reason to inspect the same. Any of these City officials shall also
be permitted to inspect the enclosure and the vehicles contained therein
to determine whether there has been compliance with this provision.
The City Codes Enforcement Officer or his designee may also extend
the permitted storage time for a particular vehicle upon the showing
of extraordinary circumstances beyond the control of the owner of
the premises which prevent the vehicle from being repaired within
the permitted time. Prior to the construction of any such exterior
enclosure, the owner of the premises must obtain a permit from the
City Codes Enforcement Officer. In order to obtain this permit, the
owner of the premises must submit to the City Codes Enforcement Officer
detailed plans as to the location and materials to be used in the
construction of the enclosure. Before issuing the permit, the City
Codes Enforcement Officer must be satisfied that these plans are in
conformity to the provisions of this chapter and that the construction
of the enclosure will not be in violation of any other ordinance,
rule or regulation of the City of Shamokin or in violation of any
law, rule or regulation of the Commonwealth of Pennsylvania, (including,
but not limited to, those regulating zoning, land use, nuisances,
public safety, or vehicle storage and operation); or
(4)
Who operates a bona fide auto repair or paint shop to store in the
interior of a permanent structure on his premises up to five vehicles
which would otherwise be considered hazardous, harmful or junked vehicles
under this chapter, provided i) none of the vehicles present a direct
health hazard to the surrounding area (including, but not limited
to, the leaking of fluids and the harborage of animals or insects);
ii) the vehicles are stored in such a manner as not to be visible
by or accessible to the general public and iii) each vehicle is scheduled
for repair by the auto repair or paint shop and is in fact repaired
or otherwise permanently removed from the structure within 30 days
of its original placement in the enclosure. The person seeking exemption
under this provision shall maintain a register book listing the i)
the name, make, model, color and vehicle identification number (VIN)
of each vehicle placed in the enclosure; ii) the initial date the
vehicle was placed in the interior of the premises; iii) the date
repairs are scheduled to be made to the vehicle; iv) the date(s) the
repairs were made; and v) the date the vehicle was removed from the
premises. This register book shall be made available for inspection
by the City Codes Enforcement Officer, or any City police officer
or other City official having legitimate reason to inspect the same.
These City officials shall also be permitted to inspect the interior
premises and the vehicles contained therein to determine whether there
has been compliance with this provision. These City officials may
also extend the permitted storage time for a particular vehicle upon
the showing of extraordinary circumstances beyond the control of the
owner of the premises that the repairs could not be completed within
the permitted time; or
(5)
Who is a duly licensed used car dealer to offer for sale unregistered
or unlicensed vehicles, provided i) the vehicles offered for sale
are located in the area approved for such sale by the Commonwealth
of Pennsylvania pursuant to the dealer license application form submitted
by the dealer; ii) the vehicles bear a current Pennsylvania inspection
sticker and do not present a health or safety hazard; and iii) the
sale of the vehicles is not otherwise prohibited by any other ordinance,
rule or regulation of the City of Shamokin (including, but not limited
to, those regulating zoning, land use, nuisances, public safety, or
vehicle storage and operation). All other vehicles on the general
premises which are not within the approved sales area, including those
being prepped for sale, are subject to the provisions of this chapter
which regulate the storage of abandoned, hazardous, harmful or junk
vehicles.
Any person found to be in violation of this chapter shall first
be given 10 day's written notice to correct the violation by removing
the abandoned, hazardous, harmful or junked vehicle from stated premises.
This notice may be given by personal service, by United States first-class
mail, or by physically posting the vehicle. Upon failure to remove
said vehicles from said premises, the owner, tenant or person in possession
shall be cited for a violation of this chapter without further notice.
A continuance of such violation for each separate day shall constitute
a separate offence, and the person allowing or permitting the continuance
of the violation may be punished as set forth below for each separate
offence.
Any person who shall violate or fail to comply with any of the
provisions of this chapter shall, upon conviction thereof, be punishable
by a fine of not less than $100 nor more that $1,000 for each offence
hereunder, and shall also be assessed the costs of such proceedings.
Failure to pay the fine and costs assessed shall result in imprisonment
for a period not to exceed 90 days.
In addition to any other remedy or penalty provided for herein,
pursuant to the terms of Section 2403(16) of the Pennsylvania Third
Class City Code [53 Pa.C.S.A. § 37403(16)], the City Council
of the City of Shamokin may authorize the City Solicitor to enforce
the provisions of this chapter by instituting an equity action in
the Northumberland County Court of Common Pleas against anyone violating
the terms and provisions of this chapter. The use of this provision
shall not in any way diminish, reduce or otherwise affect the right
or ability of the City of Shamokin to pursue or impose any other penalties
or provisions of this chapter.
A.
The provisions of this chapter are severable, and if any section,
clause, sentence, part or provision, hereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect, impair or invalidate
any of the remaining sections, clauses, sentences, parts or provisions
of this chapter. It is hereby declared to be the intent of the City
Council of the City of Shamokin that this chapter would have been
adopted if such illegal, invalid or unconstitutional section, clause,
sentence, part or provision had not been included herein.
B.
The paragraph headings (titles) in this chapter are for convenience
only and do not expand, contract, restrict or otherwise modify or
change the actual text of the provisions contained herein.
