[HISTORY: Adopted by the Borough Council of the Borough of New Wilmington 10-2-1989 by Ord. No. 403 (Ch. XI, Part 2, of the 1967 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 194.
Vehicles and traffic — See Ch. 266.
Zoning — See Ch. 275.
For purposes of this chapter, the following terms shall have the meanings indicated:
PROHIBITED ITEMS
Includes abandoned motor vehicles, junked motor vehicles, motor vehicles in a dangerous condition, any parts of the foregoing, or broken or discarded household furniture and broken or discarded appliances.
A. 
As used in this chapter, and particularly in connection with the definition of "prohibited item," the term "motor vehicle" shall include every self-propelled device by which a person or property may be transported or moved from one spot to another, including vertical movement.
B. 
As used in this chapter, a motor vehicle may be determined to be abandoned or junked if it is found that a certificate of junk has been issued by the proper official designated by any state to issue such certificate or if the engine, tires or any other essential part is inoperable or has been removed or if the vehicle is in a condition that would be dangerous to small children playing around it.
There shall be excluded from the definition of "abandoned motor vehicle, junked motor vehicle or motor vehicle in a dangerous condition or parts thereof" any temporary storage of motor vehicle of any type by a service garage at its place of business where the service garage, in conformity with the zoning laws of the borough, performs as part of its business motor vehicle towing services, motor vehicle repair services and motor vehicle inspection services and/or motor vehicle temporary storage services pending insurance adjustment and/or police inspection of the motor vehicle; and also excluded from the definition of "abandoned motor vehicle, junked motor vehicle or motor vehicle in a dangerous condition or parts thereof" is the storage of any motor vehicle by the user of premises located in Zoning District C or Zoning District D where such motor vehicle is regularly used in the business activity performed at that site or, if in Zoning D, the motor vehicle is used by the occupant of the premises in its business off the site and is temporarily stored on the site when not in such use.
A. 
Except as hereinafter provided, no prohibited item may be kept on any premises, whether public or private, or vacant or occupied, within the Borough of New Wilmington, unless the same shall be completely enclosed within a structure or other building such as a garage or accessory building which is secured against potential health and safety hazards and against inquisitive and curious small children.
B. 
It shall be the responsibility of the owner of the premises upon which a prohibited item is located, as well as the responsibility of the occupier of such premises, and also the responsibility of the owner of any prohibited item to comply with the terms of this chapter, each having individual and nondelegable responsibility for compliance and individual liability for violation thereof.
C. 
Enforcement of this chapter may be had against the owner of the premises, against the occupier of the premises and/or against the owner of the prohibited item located upon the premises, or against several of them, or in any order, but it shall not be a requirement of the enforcement of this chapter that all such parties be named in any enforcement proceeding.
A. 
Any party in interest, including the owner of the premises, the occupier of the premises and/or the owner of any prohibited item located on the premises, may separately or jointly apply for a temporary exemption as more particularly set forth in Subsection B below.
B. 
In the event that any person in the borough, either as owner of the premises, occupier of the premises or owner of a prohibited item, has a prohibited item on the premises but has made or is making arrangements to comply with this chapter, and has no reasonably convenient place to store the prohibited item, a temporary exemption may be granted for a period not to exceed three months by either the Borough Zoning Officer or the Borough Superintendent upon written application, which written application shall explain the circumstances, including plans for compliance with this chapter.
A. 
Any person, firm, corporation or other entity who or which shall violate any provisions of this chapter, shall, upon conviction thereof, be subject to pay a fine not exceeding $600, plus costs of prosecution for each offense. A new and separate offense shall be deemed to be committed for each day that a violation exists after notice of such violation has been given by a representative of the borough.
[Amended 1-3-2000 by Ord. No. 442]
B. 
The Borough of New Wilmington specifically authorizes and reserves to itself all other remedies permitted or recognized at law or equity, including injunctive relief, as may be necessary or convenient to enforce this chapter, and the criminal penalties in Subsection A above shall not be deemed to be exclusive.