[HISTORY: Adopted by the Borough Council of the Borough of Catasauqua 1-5-1981 by Ord. No. 820 (Ch. IX, Part 2, of the 1962 Code). Amendments noted where applicable.]
The following words and phrases when used in this chapter shall have the meaning ascribed in this section as follows:
- ABANDONED OR JUNKED VEHICLE
- Any vehicle found on public or private property not within a completely enclosed structure or building such as a garage or accessory building which is secured against potential health and safety hazards and is found to be either:
- A. A vehicle for which a certificate of junk has been issued by the Pennsylvania Secretary of Revenue or the official designated by any other state to issue such certificate.
- B. Any vehicle provided that such vehicle is not registered with and certified by the Borough Manager as a repairable vehicle in or on which it is found that any of the following conditions exist:
- (1) If for more than 30 days its engine or motor or any other essential part is inoperable or has been removed.
- (2) If for more than 30 days its tires or any tire has been deflated or its wheel or wheels have been removed.
- (3) If it bears no official inspection sticker or any such sticker has not been current for 30 days or more.
- ANTIQUE MOTOR VEHICLE
- 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 specification.
- CLASSIC MOTOR VEHICLE
- A motor vehicle, but not a reproduction thereof, manufactured more than 10 years prior to the current year and because of discontinued production and limited availability it is determined by the Pennsylvania Department of Transportation to be a model or make of significant value to collectors or exhibitors, and which has been maintained or restored to a condition which is substantially in conformance with manufacturer's specifications and appearance.
- A lot, land or structure or part thereof used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded materials, or for the collection, dismantling, storage, and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
- Any individual, partnership, limited partnership, association or corporation; the use of the masculine shall include the feminine and the neuter.
- PUBLIC PROPERTY
- Any real property owned or controlled by the Borough of Catasauqua.
- REPAIRABLE VEHICLE
- Any vehicle in or on which are found any of the conditions specified under the definitions of an "abandoned or junked vehicle," and which has been registered with the Borough Manager as a vehicle that will be repaired, properly licensed and inspected within 120 days time from the date of registration.
- STORAGE YARD
- A lot, land or plot, or part thereof, used primarily for the collection, storage, or deposit of automobiles, trucks, or other vehicles, or parts thereof, which are defined as abandoned or junked.
- STREET or HIGHWAY
- The entire width between the boundary lines of any public right-of-way which the general public has the right to use.
It shall be unlawful to store or deposit an abandoned or junked vehicle, or parts thereof, on any public or private property, vacant or occupied, within the Borough of Catasauqua five days after such abandoned or junked vehicle is declared by the Borough Manager to be a nuisance which is detrimental to or a menace to the public health and safety of the citizens and residents of the Borough of Catasauqua. The Borough Manager shall immediately give reasonable notice of his determination and shall post the same on the Borough Hall bulletin board.
For any abandoned or junked vehicle on private property to be considered a repairable vehicle, an application must be made by the owner of the vehicle to the Borough Manager, accompanied with the registration fee as set from time to time by resolution of Borough Council, certifying that the owner intends to repair said vehicle within 120 days from the date of registration and to have the vehicle properly inspected, licensed, and in operating condition within this allotted time. Upon application, the Borough Manager shall certify that the vehicle is registered as a repairable vehicle.
Any person that has registered a repairable vehicle with the Borough Manager may, with a fee as set from time to time by resolution of Borough Council and a written proof of a requisition for necessary parts yet to be delivered, renew his application for an additional 120 days if, and only if, the vehicle in question is classified as an antique or classic motor vehicle as herein defined.
Any person lawfully carrying on the business of, or maintaining, a junkyard or storage yard or deposit for one or more abandoned or junked automobiles, trucks or other vehicles or part thereof within the Borough of Catasauqua shall secure a license and pay a license fee as set from time to time by resolution of Borough Council, payable on or before January 1 of every year. The provisions of this section are subject to the regulations governing the use of land as set forth in the Zoning Ordinance of the Borough of Catasauqua.
Such license shall not be issued until the following conditions have been complied with:
The storage area is enclosed with a six-foot-high opaque fence, provided that one gate of a maximum width of 10 feet shall be permitted if the gate is locked during hours when the business or storage area is not being used.
The storage area is set back 25 feet from the curbline of any and all streets abutting the property and, if there is no curbline, from the point where the limit of the cartway closest to the storage area to be licensed is located.
Such other conditions and specifications which the Borough by ordinance may prescribe to protect the health and safety and general welfare of the Borough of Catasauqua.
Any person that shall fail or refuse to obtain such a license shall be subject to the fines and penalties set forth in this chapter.
Any person carrying on an activity for which a license is required under this chapter shall have six months from the effective date of this chapter to comply with its terms.
After taking into consideration the facts of each particular case, if it is found that any person maintains a nuisance pursuant to § 255-2 above within the Borough of Catasauqua, the Borough Manager shall serve notice to that effect upon the person maintaining such nuisance. Such notice shall describe the condition complained of and shall require the same to be made safe, to be corrected or to be removed. Upon receipt of a notice from the Borough Manager that such a condition exists on property owned or occupied within the Borough, it shall be the duty of the person owning or occupying such property to abate the nuisance within five days to the satisfaction of the Borough Manager.
Should any person neglect or refuse to abate a nuisance pursuant to § 255-5 above, the Borough of Catasauqua shall have the authority to abate or cause to be abated such nuisance after five days following notice to the owner or occupier of the premises, and the Police Department is hereby directed as follows:
To secure and impound and immediately tow away and remove all abandoned vehicles in violation hereof and to store the same at such storage garages or pounds as may from time to time be designated by the Borough of Catasauqua for such purposes.
To notify the owner of record, if such owner can be found, of such vehicle within 12 hours of the impounding of the vehicle, designating the place from which said vehicle was removed, the reasons for its removal and impoundment, and the pound in which it has been impounded.
With the exception of the use of the facilities of the Borough of Catasauqua, said storage garage or pounds shall be bonded in an amount not less than $5,000 against the loss, injury or damage to any vehicles while in the custody of such poundkeeper.
The owner of such impounded vehicle shall pay a towing charge and storage charges as set from time to time by resolution of Borough Council. The Borough of Catasauqua shall collect these costs plus 10% penalty in the same manner as other municipal claims or by an action of assumpsit.
Poundkeepers or depositories as designated in this chapter shall store any abandoned vehicle for not less than 15 days, nor more than 60 days, after the owner has been notified of the impounding of said vehicle; thereafter, said abandoned vehicle shall be disposed of in accordance with the Motor Vehicle Code or in any other reasonable manner.
[Amended 4-1-2013 by Ord. No. 1288]
In addition to any towing and storage charges as provided herein, any person charged with a violation or violations of any provisions of this chapter shall upon due conviction by a District Justice pay a fine to the Borough of Catasauqua up to $300, plus costs of prosecution, and/or undergo imprisonment for a period not exceeding 90 days. A new and separate offense shall be deemed to be committed for each day such violation exists. Any person found guilty of violating an ordinance shall be assessed court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings.