[HISTORY: Adopted by the Borough Council
of the Borough of Athens 11-12-1963 by Ord. No. 238, approved 11-12-1963; amended
in its entirety 3-9-1970 by Ord. No. 277, approved 3-12-1970 (Ch. 98 of
the 1977 Code). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in or restored to a condition which is substantially in conformance
with manufacturer's specifications. This vehicle has to be registered
and licensed by the State of Pennsylvania and also inspected once
a year.
[Added 4-12-1982 by Ord. No. 349, approved 4-13-1982]
The storage, maintenance or dumping of a partially dismantled
or junk automobile, or the parts of a junk automobile.
A self-propelled vehicle, but not a reproduction thereof,
manufactured more than 10 years prior to the current year and, because
of discontinued production and limited availability, determined by
the Department to be a model or make of significant value to collectors
or exhibitors and which has been maintained in or restored in conformity
with manufacturer's specifications and appearance. This vehicle has
to be registered and licensed by the State of Pennsylvania and also
inspected once a year.
A motor vehicle, including but not limited to an automobile
and truck, that is so worn, deteriorated, obsolete, dismantled or
disassembled as to make it inoperable or unusable in its existing
condition, and/or a motor vehicle which has become incapable of being
operated for a period of 30 days due to mechanical defects and/or
because it is not licensed and/or does not have a current valid Pennsylvania
inspection sticker.
[Added 4-12-1982 by Ord. No. 349, approved 4-13-1982]
A facility for automobile repair, automobile body repair, an automobile gas station for motor vehicle repair or a truck repair shop that is already established or is a new business complying with Ch. 540, Zoning, and whose primary purpose is the repair of motor vehicles.
[Added 4-12-1982 by Ord. No. 349, approved 4-13-1982]
[1]
Editor's Note: This ordinance also repealed the former definition
of "junk automobile," which immediately followed this definition.
[Amended 4-12-1982 by Ord. No. 349, approved 4-13-1982]
A.
No person shall
maintain or keep a junk motor vehicle within Athens Borough for a
period exceeding 30 days unless such junk motor vehicle is kept or
maintained wholly within a building having four walls.
B.
No person shall
maintain or conduct motor vehicle wrecking within Athens Borough unless
the same shall be maintained or conducted wholly within a building
having four walls.
C.
A junk motor vehicle
will be allowed to be parked on the exterior premises of a motor vehicle
repair shop until repairs are effected, but in no case for more than
a period of 60 days unless one or more of the following conditions
exist: a pending civil lawsuit, a pending criminal lawsuit, an insurance
investigation or the vehicle is inoperable because of lack of the
availability of replacement parts.
D.
For purposes of
this chapter, it shall be unlawful for any person to store any junked,
abandoned or discarded vehicle in the open on private or public property
within Athens Borough. It shall be considered a public nuisance as
being hazardous to the health, safety and welfare of the residents
if said vehicle is leaking fluids; has broken glass; has jagged metal,
plastic or wooden material protruding from the vehicle; is a place
for the breeding of rodents and other animals; is an attractive nuisance
for children to be injured on; contains the storage of combustible
fuels; contains the storage of poisonous liquids; and/or is improperly
supported so that if the support collapses it could result in harm
or injury; and if the location of the vehicle would impede emergency
and/or fire and rescue efforts to a property because of the inability
to move the vehicle in the case of an emergency or fire.
[Added 12-9-1991 by Ord. No. 432, approved 12-9-1991; amended 9-14-1992 by Ord. No.
440, approved 9-14-1992]
[Amended 2-14-1977 by Ord. No. 321, approved 2-14-1977; at time of
adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm, association or corporation violating the provisions
of this chapter shall, upon being found liable therefor, pay a fine
of not more than $600, plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings. If the
penalty is not paid, the Borough shall initiate a civil action for
collection in accordance with the Pennsylvania Rules of Civil Procedure.
Each period of 15 days during which a person, firm or corporation
violates the provisions of this chapter shall be a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Bradford County.
