Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Municipality of Kingston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 181.
[Adopted 8-3-1992 by Ord. No. 1992-16[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Storage on Public Streets; see § 172-4.1.

§ 172-1 Definitions.

As used in this Article, unless otherwise stated, the following terms shall have the meanings indicated:
COMMERCIAL VEHICLE
Any vehicle propelled otherwise than by muscular power, including trailers, semitrailers or other types of vehicles designed to be drawn by a motor vehicle, except such vehicles as fall within the definition of "passenger car" as set forth below.
PASSENGER CAR
A motor vehicle designed for carrying 10 passengers or less and primarily used for the transportation of family and similar persons.
RECREATIONAL VEHICLES
Any motor homes, campers, tent trailers, boats and/or boat trailers or similar types and kinds of vehicles.
TRUCK TRACTOR
A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

§ 172-2 Storage restricted.

No commercial vehicle with a gross weight exceeding 10,000 pounds or with greater than three axles or any truck tractor or recreational vehicle as defined in § 172-1 above shall be stored, parked or otherwise kept on the public street or roadway of any zoning district of the Municipality of Kingston. Storage of said vehicles shall be limited strictly to off-street parking and only in areas zoned C-1, C-2, C-3, M-1 or FP-1.

§ 172-3 Exceptions.

The restrictions set forth in § 172-2 above shall not apply to the following:
A. 
Vehicles of the Municipality of Kingston.
B. 
Fire apparatus.
C. 
Ambulances.
D. 
Vehicles actually engaged in the course of construction or repair of streets or while actually engaged in making deliveries or rendering services in or upon property located in any zoning district of the municipality.

§ 172-4 Violations and penalties.

Any person or persons, firms or corporations violating any of the provisions of this Article shall be subject to a fine of $300 for each violation, plus costs of prosecution. Each day that the violation shall continue shall constitute a separate offense under this Article.

§ 172-4.1 Repealer.

The prior ordinances of the Municipality of Kingston (§§ 172-1 through 172-4 inclusive of the Code of the Municipality of Kingston), as enacted and ordained September 11, 1978, and thereafter amended April 18, 1990, are hereby repealed.
[Adopted 9-8-1998 by Ord. No. 1998-5[1]]
[1]
Editor's Note: This ordinance also repealed former Article II, Junked Vehicles, adopted 9-10-1990 by Ord. No. 1990-24.

§ 172-5 Findings.

The Town Council of the Municipality of Kingston expressly recognizes and finds that the accumulation of junked vehicles creates a hazard or threat or potential threat to the health, safety or welfare of the municipality's citizens because such accumulation provides a breeding area for rodents and vermin and because such accumulation provides an attractive nuisance for children who are not aware of the dangers involved and, furthermore, creates an aesthetically unsightly appearance within the municipality.

§ 172-6 Definitions.

For purposes of this article, the following definitions shall be applicable.
JUNKED MOTOR VEHICLE
A trailer or a motor vehicle which is unable to move under its own power or has any of the following physical defects, regardless of whether said vehicle is currently licensed, registered or inspected:
A. 
Broken windshields, mirrors or other glass with sharp edges which could cause laceration.
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 animal harborage.
D. 
Any body parts with sharp edges, including holes resulting from rust, which could cause laceration.
E. 
Missing tires, resulting in unsafe suspension of the motor vehicle which could cause personal injury.
F. 
Upholstery which is torn or open which could permit animal and/or vermin harborage.
G. 
Broken headlamps or taillamps with sharp edges which could cause laceration.
H. 
Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle which could cause personal injury.
I. 
Protruding sharp objects from the chassis which could cause laceration.
J. 
Broken vehicle frame suspended from the ground in an unstable manner which could cause injury if it fell to the ground.
K. 
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
L. 
Exposed battery containing acid which could result in fire, burn or other injury.
M. 
Inoperable locking mechanism for doors or trunk which could result in suffocation if the vehicle were entered.
N. 
Open or damaged floorboards, including trunk and firewall, which could cause personal injury.
O. 
Damaged bumpers pulled away from the perimeter of vehicle which could cause laceration or other injury.
P. 
Broken grill with protruding edges which could cause laceration.
Q. 
Loose or damaged metal trim and clips which could cause laceration or other injury.
R. 
Broken communication equipment antennas which could result in personal injury.
S. 
Suspension on unstable supports which could cause injury if the vehicle fell to the ground.
T. 
Any other defects which could threaten the health, safety and welfare of the citizens of the municipality.
MOTOR VEHICLE
Any self-propelled land vehicle which can be used for towing or transporting people or materials, including, but not limited to, automobiles, trucks, buses, motorhomes, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, dune buggies and other off-the-road vehicles.
MOTOR VEHICLE ACCESSORIES
Any part or parts of any motor vehicle.
PERSON
Includes any natural person, firm, partnership, association, corporation or other legal entity of whatever kind.
PRIVATE PROPERTY
Any real property not owned by the federal government, state, county, school district or other political subdivisions.
PUBLIC NUISANCE
The unsheltered storage of a junked motor vehicle, as otherwise defined in this article, which constitutes a hazard or threat or potential threat to the health, safety or welfare of the municipality's citizens.
REMOVAL
The physical location or relocation of a motor vehicle to an authorized location.
TRAILER
Any wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, boat or other object.
UNSHELTERED STORAGE
Any storage, except storage inside a building.

§ 172-7 Unlawful storage.

A. 
It shall be unlawful for any person owning or having custody of any junked motor vehicle to store or permit any such vehicle in unsheltered storage on any private property or public street or highway within the municipality for a period of more than 30 days after the expiration of the thirty-day period following receipt of a notice requiring such removal, and it shall be further unlawful for any person owning any private property in the municipality or leasing any such property to store or to permit to remain any such vehicle or accessories on his property for more than a like period.
B. 
It shall, furthermore, be unlawful for any person owning or having custody of any motor vehicle parts and/or accessories which create a hazard or threat or potential threat to the health, safety or welfare of the municipality's citizens to store or permit any such accessories in unsheltered storage on any private property or public street or highway within the municipality for a period of more than 30 days after the expiration of the thirty-day period following receipt of a notice requiring such removal, and it shall be further unlawful for any person owning any private property in the municipality or leasing any such property to store or to permit to remain any such vehicle or accessories on his property for more than a like period.
C. 
It shall further be unlawful for any person, after notification to remove any junked motor vehicle or motor vehicle accessories constituting a public nuisance hereunder from any private property has been given, to move the same to any other private property upon which such storage is not permitted or onto any public highway or other public property for purposes of storage.

§ 172-8 Applicability.

A. 
The prohibition of § 172-7 hereof shall not apply to a limit of one junked motor vehicle or motor vehicle accessories stored within an enclosed building or in an area completely surrounded by a solid fence of a height not less than the height of the motor vehicle or motor vehicle accessories being stored, and the prohibitions of § 172-7 hereof shall not apply to the premises of a business enterprise otherwise operated in a lawful place and manner when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers. Such business enterprises shall include auto repair and auto body shops, but shall not include tire, battery and accessory sales stores, and the provisions hereof extending to permitted storage shall not extend to the storage at such business enterprises of more than five junked vehicles or trailers at any one time.
B. 
The prohibition of § 172-7 hereof shall likewise not be applicable to salvors holding a current certificate of authorization issued by the Department of Transportation of the Commonwealth of Pennsylvania; provided, however, that such salvor is otherwise operating in a lawful place and manner.

§ 172-9 Investigation of premises.

The Building Inspector or Code Enforcement Officer or police 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.

§ 172-10 Notice of removal.

Whenever the Building Inspector, Code Enforcement Officer or any member of his Department finds or is notified that any junked motor vehicle or motor vehicle accessories have been stored or permitted to remain on any private property or public street or highway within the municipality and in violation of the provisions of this article, the Building Inspector or Code Enforcement Officer shall send, by certified or registered mail and regular mail, postage prepaid, 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 municipality, on which the same is located, to remove the junked motor vehicle, trailer or motor vehicle accessories within 30 days. Such notice shall contain the following additional information:
A. 
Nature of complaint.
B. 
Description and location of the motor vehicle and/or motor vehicle accessories.
C. 
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.
D. 
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.
E. 
Statement that if removal is made within the time limits specified, notification thereof shall be given in writing to the Building Inspector or Code Enforcement Officer.
F. 
Statement of the penalties provided for noncompliance with such notice.

§ 172-11 Action upon failure to comply.

If the owner of grounds on which motor vehicles are stored does not comply with the notice to abate the conditions within the time limit prescribed, the municipality shall have the authority to take measures to correct the conditions and collect the cost of such corrections, plus 10% of all costs. The municipality, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.

§ 172-12 Violations and penalties.

A. 
Any person violating any of the provisions of this article shall, upon conviction, be guilty of a summary offense and shall be sentenced to pay a fine of not more than $300 and/or to be committed to the county jail for a period not exceeding 30 days, plus costs of prosecution, and each day that a violation is committed shall constitute a separate offense.
B. 
Remedies not mutually exclusive. The remedies provided herein for the enforcement of this article or any remedy provided by law shall not be deemed mutually exclusive. Rather, they may be employed simultaneously or consecutively at the option of the Town Council.