Open storage — See Ch. 161.
Vehicles and traffic — See Ch. 180.
§ 178-1Definitions; word usage.
§ 178-2Nuisances prohibited.
§ 178-3Permitted storage.
§ 178-4Inspection; notice to comply.
§ 178-5Failure to comply; correction by Borough; costs.
§ 178-6Violations and penalties.
§ 178-7Additional remedies.
As used in this chapter, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
- Owner, for the purpose of this chapter, when the lessor holds the lessee responsible for maintenance and repairs.
- MOTOR VEHICLE
- 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 of Baden.
- The actual owner, agent or custodian of the property on which motor vehicles are stored, whether an individual or partnership, association or corporation.
- A natural person, firm, partnership, association, corporation or other legal entity.
In this chapter, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person, owner or lessee to maintain a motor vehicle nuisance upon the open private grounds of such person, owner or lessee within the Borough of Baden. A motor vehicle nuisance shall include any motor vehicle which is unable to move under its own power and has any of the following physical defects:
Broken windshields or mirrors or other glass with sharp edges.
One or more flat or open tires or tubes which could permit vermin harborage.
Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.
Any body parts with sharp edges, including holes resulting from rust.
Missing tires resulting in unsafe suspension of the motor vehicle.
Upholstery which is torn or open which could permit animal and/or vermin harborage.
Broken headlamps or tail lamps with sharp edges.
Disassembled chassis parts, apart from the motor vehicle, stored in a disorderly fashion or loose in or on the vehicle.
Protruding sharp objects from the chassis.
A broken vehicle frame suspended from the ground in an unstable manner.
A leaking or damaged oil pan or gas tank which could cause fire or explosion.
An exposed battery containing acid.
An inoperable locking mechanism for doors or trunk.
Open or damaged floorboards, including trunk and firewall.
Damaged bumpers pulled away from the perimeter of the vehicle.
A broken grill with protruding edges.
Loose damaged metal trim and clips.
Broken communication equipment antennas.
The vehicle suspended on unstable supports.
Such other defects which could threaten the health, safety and welfare of the citizens of the Borough of Baden.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 178-2 above may store such vehicle(s) in the Borough of Baden 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 of Baden, such as may be provided, from time to time, by resolution of the Town Council of the Borough of Baden. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaqued fence at least six feet high which is locked at all times when unattended. With the special approval of the Town Council of the Borough of Baden, motor vehicle nuisances may also be stored outside in an area enclosed by a chain link fence at least 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. 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 500 square feet.
The Baden Borough Police and/or the duly authorized Enforcement Officer/Inspector is hereby empowered to inspect grounds on which motor vehicles are stored to determine if there is compliance with the provisions of this chapter. If noncompliance with the provisions of this chapter constitutes a nuisance or if any condition, structure or improvement poses a threat to the health, safety or welfare of the public, he or she shall issue a written notice to be served by registered or certified mail upon the owner of said premises or, if the owner's whereabouts or identity is unknown, by posting the notice conspicuously upon the offending premises.
Said notice shall specify the condition or structure or improvement complained of and shall require the owner to commence to remove or otherwise rectify the condition or structure or improvement 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 a reasonable time.
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 Town Council of the Borough of Baden shall have the authority to take measures to correct the conditions and collect the cost of such corrections, plus 10% of all costs. The Borough of Baden, 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.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to undergo imprisonment for a term not to exceed 90 days. Each day that a violation of this chapter continues shall constitute a separate offense.
The remedies provided herein for the enforcement of this chapter 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 of the Borough of Baden.