[HISTORY: Adopted by the Borough Council
of the Borough of Marietta 6-14-1966 by Ord. No. 66-6 (Ch. 88 of the 1983 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 326.
No person, firm, association or corporation
shall park or store or permit to be parked or stored on any street,
road, lane or alley or in the open on private or public property in
the Borough of Marietta, Lancaster County, Pennsylvania, any motor
vehicle commonly known as "abandoned" or "junked" which does not bear
a current state registration and/or does not bear a current official
state inspection emblem, for a period longer than 72 hours.
[Amended 6-12-1973 by Ord. No. 73-6]
The provisions of this chapter shall not apply
to the storage of any such motor vehicle in the Borough of Marietta
in a completely enclosed structure. "Completely enclosed structure,"
as used in this section, shall mean only a permanently affixed weather-sealed
structure with all vertical sides enclosed and with a permanent weather-sealed
roof. The composition of the exterior of the sides and roof of the
structure shall be of substantial construction material, such as wood,
wood shingles, asbestos siding, aluminum, steel or other substantial
material, and in no case shall be composed of any type of tarpaulin
or cloth.
[Amended 8-13-1968 by Ord. No. 68-3[1]]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Lancaster County.
[Added 12-14-1993 by Ord. No. 93-3a]
In order for a prosecution to be brought under
this chapter the vehicle in question must constitute a "nuisance"
as that term is interpreted and defined by the Courts of Pennsylvania,
and the Borough of Marietta will identify on any citation the aspects
of the vehicle which render it a nuisance. Upon the Borough having
set forth and proven such factual information regarding nuisance,
all other provisions of this chapter shall apply.
