[HISTORY: Adopted by the Borough Council of the Borough of Harveys
Lake 7-16-2002 by Ord. No. 2-2002; amended
in its entirety 11-16-2004 by Ord. No. 4-2004.
Subsequent amendments noted where applicable.]
No owner or responsible person shall leave parked upon a Borough street,
highway or alley, on either public or private property, a disabled, inoperable
vehicle.
A.
DISABLED, INOPERABLE VEHICLE
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
VEHICLE(S)
As used in this chapter, the following terms shall have
the meanings indicated:
A vehicle that is not capable of being moved under its own power
or a vehicle with deflated tire or tires, or is partially disabled,
wrecked or junked; or is not displaying current registration plate(s) or inspection
stickers.
Is the "owner," for the purpose of this chapter when the lessor holds
the lessee responsible for maintenance and repairs.
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 semitrailers pulled thereby.
Any condition, structure or improvement which shall constitute a
threat or potential threat to the health, safety or welfare of the citizens
of the Borough.
The actual owner, agent or custodian of the property on which motor
vehicles are stored, whether individual or partnership, association or corporation.
A natural person, firm, partnership, association, corporation or
other legal entity.
One that is designed for the purpose of transporting people or property
and it may be motorized or designed to be drawn by a motorized vehicle. This
chapter does not exclude that type of vehicle uses in construction or farming
activities. The term "vehicle" shall include boats and trailers for boats,
or any other use, to be attached to a vehicle.
B.
The singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine and the
neuter.
The violation notice will alert the owner or responsible person seven
days to respond by removing the vehicle. The officer will indicate on the
violation notice VEHICLE MUST BE MOVED. The Police Department may allow additional
time for the removal of a vehicle on violation of this chapter if the owner
or responsible person can show just cause for doing so.
A.
When the owner or responsible person fails to remove
any vehicle that is in violation of this chapter and after receiving notice
by the issuance of a Police Department violation notice, the Harveys Lake
Police Department shall then issue said summons and forward same to the Magistrate
for his judgment.
B.
The said vehicle may be removed immediately when it constitutes
a hazard to pedestrian or vehicular traffic or is a health, safety or fire
hazard.
The owner or responsible person of the vehicle in violation that has been removed or directed to be removed by the Police Department pursuant to § 45-3 shall be responsible for all costs of removal and storage of said vehicle.
A.
The provisions of this chapter shall not apply to:
(1)
Such a vehicle that is enclosed or is an antique or classic vehicle
with appropriate tags.
(2)
Any bona fide auto or boat, etc., dealers, commercial sales businesses.
(3)
Individual sales of privately owned cars, boats, trucks, trailers,
etc., providing that it is on their own private or commercial property.
B.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 45-2 above may store such vehicle(s) in the Borough only in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the Borough such as may be provided from time to time by resolution of the Council. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence at least six feet high, which is locked at all times when unattended, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition all gas and oil or other flammable liquid shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored. The total area of storage of motor vehicle nuisances may not exceed 2,500 feet.
A.
No owner or responsible person shall perform or permit another
person to perform mechanical repairs upon any vehicle while it is parked or
left standing on any Borough street, highway or alley.
B.
Major repairs are those that require the changing of a motor,
transmission, drive shafts, exhaust systems, the changing of the vehicle fluids,
or the changing of body parts.
No owners or responsible person shall allow any violation of this chapter
to occur on his/her property. Whoever violates any of the provisions of this
chapter shall, upon conviction, pay all fines and costs set forth within this
chapter. Each day of continued violation shall be a separate and subsequent
offense.
The owner or responsible person who has received a violation notice
for any of the aforementioned violations in this chapter shall pay a fine
up to $500.