[HISTORY: Adopted by the Borough Council of the Borough of Sayre
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 163.
[Adopted 1-9-1967 by Ord. No. 429
as §§ 26-4 through 26-6 of the 1967 Code]
A.
A motor vehicle parked on any of the streets or alleys
in Sayre Borough without a current inspection sticker or a current license
plate shall be defined as being illegally parked.
B.
A motor vehicle that is not in good working order and
has been parked on any of the streets or alleys in Sayre Borough exceeding
a period of 48 hours shall be defined as illegally parked.
A.
The illegal parking of vehicles as hereinabove defined
is hereby prohibited.
B.
Any person, firm or corporation who or which shall violate
or fail to comply with any of the provisions of this article shall, upon conviction,
be sentenced to pay a fine of not more than $600 and costs of prosecution
and, in default of payment of such fine and costs, be imprisoned for a term
not exceeding 30 days.
[Amended 10-21-1991 by Ord. No. 686]
C.
Each period of 24 hours during which a person, firm,
association or corporation violates the provisions of this article shall be
a separate offense.[1]
[1]
Editor's Note: Original § 26-6, which immediately followed
this subsection and provided for a term of imprisonment for violators, was
deleted 10-21-1991 by Ord. No. 686.
[Adopted 8-15-1988 by Ord. No. 644]
It is the purpose and intent of this article to promote and protect
the public health and to prevent the accumulation of junk as defined in this
article; to prevent the development of potential public health nuisances through
the accumulation of unsanitary conditions; in residential zones; to protect
the safety and general welfare of the public by eliminating unattractive nuisances
and unsafe conditions; and to protect property values of adjacent property
owners by regulating the storage of inoperable motor vehicles in accordance
with the Borough Code.[1]
[1]
Editor's Note: See 53 P.S. § 45101 et seq.
As used in this article, 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 teen 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 Commonwealth
of Pennsylvania and also inspected once a year.
Any structure having a roof supported by columns or walls, used for
shelter, housing or enclosure of persons, animals or property.
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 Commonwealth
of Pennsylvania and also inspected once a year.
Discarded materials, articles or things possessing possibly some
value. It shall include but not be limited to scrapped and inoperable motor
vehicles and parts thereof. It shall include garbage or other organic waste
or objects or materials accumulated on any premises as the by-product of a
legitimate business.
A motor vehicle, including but not limited to an automobile, truck,
all-terrain vehicle, motorcycle or snowmobile, 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 due to mechanical defects and/or because it is not licensed
and/or does not have a current valid inspection sticker as required by the
Motor Vehicle Laws of the Commonwealth of Pennsylvania.
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 Chapter 173, Zoning, and whose primary purpose is the repair of motor vehicles.
The storage, maintenance or dumping of a partially dismantled or
junk automobile or the parts of a junk automobile.
[Amended 10-21-1991 by Ord. No. 686]
Any natural person, association, partnership, firm or corporation.
A.
No person shall maintain or keep any junk, which includes
garbage or other organic waste, or objects or materials accumulated on any
premises as a by-product of a legitimate business.
B.
No person shall maintain or keep a junk motor vehicle
within Sayre Borough unless said junk motor vehicle is kept or maintained
wholly within a building having four walls and a roof as defined in this article.
C.
No person shall maintain or conduct motor vehicle wrecking
within Sayre Borough unless the same shall be maintained or conducted wholly
within a building having four walls and a roof.
D.
A junk motor vehicle will be allowed to be parked on
the exterior premises of a motor vehicle repair shop until the 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 or an insurance investigation and the property owner has verified
the same with the Sayre Borough Chief of Police.
E.
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 Sayre 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 11-15-1999 by Ord. No. 771]
F.
When it is determined that a motor vehicle is abandoned
or junked and creates a nuisance, the Borough may notify the owner to remove
said nuisance. If said owner fails to remove said nuisance, the Borough may
cause the same to be done, and collect the cost thereof, together with the
penalty of 10% of such cost, in the manner provided by law for the collection
of municipal claims, or by action of assumpsit, or may seek relief by bill
in equity.
[Added 11-15-1999 by Ord. No. 771]
[Added 3-26-2001 by Ord. No. 803]
The Code Enforcement Officer, on routine inspection or upon receipt
of a complaint, may enter upon private property to investigate a suspected
junked motor vehicle or motor vehicle accessories stored or maintained in
violation of this article and record the make, model, style and identification
numbers and its situation and condition.
[Added 3-26-2001 by Ord. No. 803]
A.
Notice of removal. Whenever the Building Inspector, Code
Enforcement Officer or any member of his Department finds or is notified that
any junked or abandoned motor vehicle or motor vehicle accessories have been
stored or permitted to remain on any private property or public street or
highway within the Borough and in violation of the provisions of this article,
the Code Enforcement Officer shall send by certified or registered mail a
notice to the owner of record or person having custody of such motor vehicle
or accessories, if such owner can be ascertained by the exercise of reasonable
diligence, and also to the owner of the private property, as shown on the
tax assessment records of the Borough, on which the same is located, to remove
the junked or abandoned motor vehicle, trailer or motor vehicle accessories
within 30 days. Such notice shall contain the following additional information:
(1)
Nature of complaint;
(2)
Description and location of the motor vehicle and/or
motor vehicle accessories;
(3)
Statement that the motor vehicle or motor vehicle accessories
shall be removed from the premises no later than 30 days from the date of
notification;
(4)
Statement that removal from the location specified in
the notification to another location upon which such storage is not permitted
is prohibited and shall subject the person to additional penalties;
(5)
Statement that if removal is made within the time limit
specified, notification thereof shall be given in writing to the Building
Inspector or Code Enforcement Officer; and
(6)
Statement of the penalties provided for noncompliance
with such notice.
B.
Notice of removal during snow emergency. The Borough
Police Department may direct that a vehicle parked in a location prohibited
during a snow emergency may be towed immediately. The pretowing notice provisions
contained in this section shall not be required. Thereafter, the salvor will
comply with the notice provisions of this article.
[Added 3-26-2001 by Ord. No. 803]
When the owner of the property or the owner of the vehicle fails to
remove the junk motor vehicle from the private property or public street or
highway within the Borough, the Borough Code Enforcement Officer may cite
the violator and request the Police Department to provide a written request
to the permitted salvor to remove the vehicle in compliance with the law.
[Added 3-26-2001 by Ord. No. 803]
A.
The salvor shall comply with all of the necessary requirements
of the Pennsylvania Motor Vehicle Code, Abandoned Vehicles and Cargo, 75 Pa.
C.S.A. § 7301 et seq.
B.
The salvor, upon written request of a Police Department,
shall take possession of and remove to the storage facility of salvor any
abandoned vehicle located within 30 miles of the place of business of the
salvor.
[Added 3-26-2001 by Ord. No. 803]
Any salvor taking possession of an abandoned vehicle shall, within 48
hours after taking possession, report to the Department of Motor Vehicles
the make, model, vehicle identification number, and registration plate number
of the abandoned vehicle, the name and address of the owner or person who
abandoned the vehicle, if known, together with any other information or documents
which the Department of Motor Vehicle may by regulation require. The report
shall include a statement whether the vehicle is valueless except for salvage.
Where the report indicates the vehicle is valueless except for salvage, the
salvor shall include a photograph of the vehicle to be prepared in a manner
prescribed by the Department of Motor Vehicles. A report by the salvor that
a vehicle is valueless except for salvage shall be verified by the Police
Department which authorized transfer of the vehicle to the salvor.
[Added 3-26-2001 by Ord. No. 803]
A.
General rule. Except as provided in 75 Pa. C.S.A. § 7309
(relating to salvaging of vehicles valueless except for salvage), the Department,
upon receipt of notice that an abandoned vehicle has been taken into possession
pursuant to this article, shall notify, by certified mail, return receipt
requested, the last known registered owner of the vehicle and all lienholders
of record that the vehicle is abandoned.
B.
Contents of notice. The notice shall:
(1)
Describe the make, model, title number, vehicle identification
number and registration plate number of the abandoned vehicle, if known.
(2)
State the location where the vehicle is being held.
(3)
Inform the owner and any lienholders of their right to
reclaim the vehicle within 30 days after the date of the notice at the place
where the vehicle is being held by the salvor, upon payment of all towing
and storage charges and the fee authorized in 75 Pa. C.S.A. § 7306
(relating to payment of costs upon reclaiming vehicle).
(4)
State that the failure of the owner or lienholder to
reclaim the vehicle is deemed consent by the owner to the destruction, sale
or other disposition of the abandoned vehicle and of all lienholders to dissolution
of their liens.
C.
Notice by publication. If the identity of the last registered owner and of all lienholders cannot be determined with reasonable certainty, the contents of the notice set forth in Subsection B shall be published one time in one newspaper of general circulation in the area where the vehicle was abandoned. The notice may contain multiple listings of abandoned vehicles. Notice by publication locally shall be the responsibility of the salvor. The notice shall have the same effect as notice sent by certified mail.
[Added 3-26-2001 by Ord. No. 803]
In the event the owner or lienholder of an abandoned vehicle reclaims
the vehicle, the reclaiming party shall pay the costs for towing and storage,
plus a fee of $25, of which $10 shall be transmitted to the Department by
the salvor.
[Added 3-26-2001 by Ord. No. 803]
The Department shall, after the expiration of 30 days from the date
of notice sent by certified mail to the registered owner and all lienholders
of record or 30 days after publication of notice, where applicable, and upon
receipt of a written statement from the holder of the vehicle that the abandoned
vehicle has not been reclaimed by the owner or lienholder within the thirty-day
period, authorize the disposal of the abandoned vehicle in accordance with
the provisions of this article.
[Added 3-26-2001 by Ord. No. 803]
A.
General rule. If an abandoned vehicle having value has
not been reclaimed as provided in this article, the vehicle shall be sold
at a public auction.
B.
Title of purchaser. The salvor shall give the purchaser
a sales receipt and shall apply to the Department for a title which shall
be free and clear of all previous liens and claims of ownership.
C.
Disposition of proceeds. From the proceeds of the sale
of the abandoned vehicle, the salvor shall be reimbursed for the costs of
towing, storage, notice and publication costs and expenses of auction. The
remainder of the proceeds of a sale shall be held for the owner of the vehicle
or record lienholder for 60 days from the date of sale, and if not properly
claimed, shall then be paid to the Department and transmitted to the State
Treasurer for deposit in the Motor License Fund.
[Added 3-26-2001 by Ord. No. 803]
A.
Application for certificate of salvage. If an abandoned
vehicle is valueless except for salvage, the salvor shall note that fact in
the report to the Department required in 75 Pa. C.S.A. § 7304 (relating
to reports to Department of possession of abandoned vehicles) and shall apply
for issuance of a certificate of salvage as provided for in 75 Pa. C.S.A.
§ 1117 (relating to vehicle destroyed, dismantled, salvage or recycled).
B.
Notice and issuance of certificate. If the identity of
the last registered owner cannot be determined with reasonable certainty and
it is impossible to determine with reasonable certainty the identity and addresses
of any lienholder, no notice shall be required. Under such circumstances,
the Department shall, upon receipt of the report by the salvor pursuant to
75 Pa. C.S.A. § 7304, issue a certificate of salvage as provided
in 75 Pa. C.S.A. § 1117.
C.
Reimbursement of expenses of salvor. Upon receipt within
six months of evidence that a salvor has removed an abandoned vehicle upon
the request of a Police Department, the Department shall pay to the salvor
from the Motor License Fund the sum of $15 for the expenses incurred in the
removal and towing of the abandoned vehicle. No portion of the fifteen-dollar
payment or any separate consideration shall be reimbursed or paid to any government
agency or municipality by the salvor.
D.
Rights of owners and lienholders. Issuance by the Department
of a certificate of salvage for a vehicle salvaged under this section shall
operate as notice by publication locally and shall be the responsibility of
the salvor. The notice shall have the same effect as notice sent by certified
mail.
A.
Any person, firm or corporation who or which shall violate
or fail to comply with any of the provisions of this article shall, upon conviction,
be sentenced to pay a fine of not more than $600 and costs of prosecution
and, in default of payment of such fine and costs, be imprisoned for a term
not exceeding 30 days.
[Amended 10-21-1991 by Ord. No. 686]
B.
Each period of 15 days during which a person, firm or
corporation violates the provisions of this article shall be a separate offense.
In addition to the remedies provided in § 159-6, any continued violations of this article may be abated by the Borough by proceeding against the violator in a court of equity for relief.
