[Ord. 6743, 4/3/1967, §§ 1 and 2; as amended
by Ord. 1211-98, 8/10/1998, § 1; and by Ord. 1333-07, 4/9/2007]
As used in this Subpart, the following terms shall have the
meanings indicated:
Having a wall or walls, window or windows and a door or doors.
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways,
and including trailers or semi-trailers pulled thereby.
Any condition, structure or improvement which is unreasonable,
unwarranted or unlawful and/or which causes or tends to cause injury,
danger, damage, hurt, inconvenience, annoyance or discomfort to any
person in the legitimate enjoyment of such person's legal and
reasonable uses of said person's property or which causes or
tends to cause a diminution in the value of other property in the
neighborhood or causes a blighting effect in Borough neighborhoods.
A natural person, firm, partnership, association, corporation
or other legal entity.
Any area attached to or appended to a building regularly
used for any occupancy.
But not be limited to the following: any wastepaper, sweepings,
ashes, household waste, glass, metal, furniture, rotted wood products,
vehicle parts and accessories, or any other detrimental substance.
[Ord. 6743, 4/3/1967, § 3; as amended by Ord. 1333-07,
4/9/2007]
It shall be unlawful for any person to maintain, or permit to
be maintained, a nuisance on any property owned or occupied by such
person within the limits of the Borough of Gettysburg.
[Ord. 6743, 4/3/1967, § 4; as amended by Ord. 1333-07,
4/9/2007]
It shall be unlawful for any person to maintain, or permit to
be maintained, on any property owned or occupied by such person within
the limits of the Borough of Gettysburg any condition detrimental
to health; and any such condition shall constitute a nuisance.
[Ord. 6743, 4/3/1967, § 5; as amended by Ord. 1333-07,
4/9/2007]
It shall be unlawful for any person to accumulate or cause or
permit the accumulating of garbage, refuse or rubbish on public or
private grounds within the limits of the Borough of Gettysburg; and
any such accumulation shall constitute a nuisance.
(Reserved)[1]
[1]
Editor's Note: Former § 10-105, Storage of
Abandoned or Junked Automobiles May Constitute Nuisance, was repealed
by Ord. 1333-07, 4/9/2007. For current provisions on this topic, see
Part 1B of this Chapter.
[Ord. 6743, 4/3/1967, § 7; as amended by Ord. 1333-07,
4/9/2007]
It shall be unlawful for any person to have, cause or permit
the existence of any dangerous structure on public or private grounds
within the limits of the Borough of Gettysburg.
[Ord. 6743, 4/3/1967; as added by Ord. 1211-98, 8/10/1998,
§ 3; and as amended by Ord. 1333-07, 4/9/2007]
Maintaining or causing to maintain upon any unenclosed porch,
or exterior attachment, furniture, other than furniture designed for
exterior use, which is commonly intended for use inside a dwelling,
including but not limited to upholstered sofas, chairs, davenports,
beds, divans and the like, shall constitute a nuisance.
[Ord. 6743, 4/3/1967; as added by Ord. 1211-98, 8/10/1998,
§ 3; and as amended by Ord. 1333-07, 4/9/2007]
Use of a roof over a porch, an exterior attachment or any other
portion of a building or structure at a second-story level or higher
for a use for which it was not specifically designed, such as but
not limited to sunbathing, placement of furniture, social gatherings
or other activities, shall constitute a nuisance.
[Ord. 6743, 4/3/1967, 8; as amended by Ord. 1019-84, 8/13/1984;
by Ord. 1028-85, 8/12/1985; by Ord. 1211-98, 8/10/1998, § 4;
and by Ord. 1333-07, 4/9/2007]
In the event any person shall violate any of the provisions
of this Subpart, the Code Enforcement Officer may order the abatement
or removal of any such nuisance or dangerous structure by the owner
or occupier of such grounds, after five days' written notice
to such owner or occupier to do so; and upon default of the owners
or occupiers of such grounds to abate or remove such nuisance or dangerous
structure as so ordered, the Borough shall abate or remove the same
or cause its abatement or removal and collect the cost thereof, together
with a penalty of 10% of the such cost, in the manner provided by
law.
[Ord. 6743, 4/3/1967, § 9; as amended by Ord. 1028-85,
8/12/1985; by Ord. 1211-98, 8/10/1998, § 5; by Ord. 1236-99,
12/13/1999, § 1; and by Ord. 1333-07, 4/9/2007]
Any person, firm or corporation who shall violate any provision
of this Subpart 1A shall, upon conviction thereof, be sentenced to
pay a fine of a minimum of $25 and not more than $1,000 and/or to
imprisonment for a term not to exceed 90 days. Every day that a violation
of this Subpart 1A continues shall constitute a separate offense.
[Ord. 1333-07, 4/9/2007]
This Subpart 1B shall adhere to the definitions contained in § 10-101 of Subpart 1A herein.
[Ord. 1333-07, 4/9/2007]
It shall be unlawful for any person who either owns, leases
or otherwise possesses a motor vehicle to maintain a motor vehicle
nuisance upon the open public or private grounds of any person or
property within the Borough. A motor vehicle nuisance shall be declared
if any of the following physical defects to a motor vehicle exist:
A.
Broken windshields, mirrors or other glass, with sharp edges.
B.
Broken headlamps, taillamps, bumpers or grills with sharp edges.
C.
Any body parts, truck, firewall or floorboards with sharp edges or
large holes resulting from rust.
D.
Protruding sharp objects from the chassis.
E.
Missing doors, windows, hood, trunks or other body parts that could
permit animal harborage.
F.
One or more open tires or tubes which could permit animal harborage.
G.
Any vehicle suspended by blocks, jacks or other such materials in
a location which may pose a danger to the public, property owners,
visitors or residents of the property on which said vehicle is found.
H.
Any excessive fluids leaking from the vehicle which may be harmful
to the public or the environment.
I.
Disassembled body or chassis parts stored in, on or about the vehicle.
J.
No current and valid inspection and/or registration stickers displayed
on a vehicle.
K.
Motor vehicles parked, drifted or otherwise located which may interfere
with the flow of pedestrian or automobile traffic or impede emergency
efforts.
L.
Such other defects which the Borough Code Enforcement Office or Police
Department determines to be a danger to the general public or property.
[Ord. 1333-07, 4/9/2007]
It shall also be unlawful to park, store or house a motor vehicle
nuisance in a location that may hamper emergency efforts to persons
or property.
[Ord. 1333-07, 4/9/2007]
Any person who is the owner, lessee or possessor of a motor vehicle qualifying as a nuisance as defined in § 10-112 above may store said vehicle in the Borough only in strict compliance with the regulations provided herein.
A.
Within a garage or other enclosed building.
B.
Outdoors within an opaque fence six feet high that is locked at all
times when unattended.
C.
Outdoors in an area enclosed by a chain-link fence six feet high,
screened by shrubbery around the perimeter to the height of the fence,
with an unobstructed gate capable of admitting fire or emergency equipment.
Such gate shall remain locked at all times when unattended.
D.
Liquid contents of the stored motor vehicle nuisance shall not be
leaking.
E.
On private property and covered securely with a tarpaulin or similar
device.
F.
Licensed businesses concerned with the towing and storage of motor
vehicles which constitute nuisances shall be exempt from the provisions
of this Subpart.
G.
Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the Zoning Ordinance (Chapter 27) of the Borough.
H.
Storage of a motor vehicle in the aforementioned fashion shall be
limited to one motor vehicle per registered owner or lessee and/or
one motor vehicle per property in the Borough.
[Ord. 1333-07, 4/9/2007]
1.
Any official of the Borough Code Enforcement Office or Police Department
is hereby empowered to inspect public and private property on which
motor vehicles are stored to determine if there is compliance with
the provisions of this Subpart. If noncompliance with the provisions
of this Subpart constitutes a nuisance or if any condition, structure
or improvements pose a threat to the health, safety or welfare of
the public, a written notice shall be served by registered or certified
mail upon the owner, lessee or possessor of the vehicle or, if the
whereabouts or identity or that person be unknown, by posting the
notice conspicuously upon the vehicle and/or premises.
2.
Said notice shall specify the condition of the vehicle nuisance and
shall require the owner, lessee or possessor of the motor vehicle
to commence to remove or otherwise rectify the condition as set forth
therein within 10 days of mailing or posting of said notice and thereafter
to fully comply with the requirements of the notice within 30 days.
[Ord. 1333-07, 4/9/2007]
If the owner, lessee or legal possessor of the vehicle does
not comply with the notice to abate the nuisance within the time limit
prescribed, the Borough shall have the authority to take measures
to abate the condition and collect the cost of such abatement, together
with a penalty of 10% of such cost, in the manner provided by law.
The Borough and its agents, 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.
[Ord. 1333-07, 4/9/2007]
It shall be against the provisions of this Subpart to store
solid waste in or on a motor vehicle or a motor vehicle nuisance within
the Borough.
[Ord. 1333-07, 4/9/2007]
Any person who shall violate any provision of this Subpart shall,
upon conviction thereof, be sentenced to pay a fine of a minimum of
$300 and not more than $1,000, plus costs of prosecution, and/or to
imprisonment for a term not to exceed 30 days. Every day that a violation
of this Subpart continues shall constitute a separate offense.
[Ord. 1333-07, 4/9/2007]
The remedies provided herein for the enforcement of this Subpart,
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 Borough.
