[Ord. 2009-8, 9/9/2009]
[Ord. 2009-8, 9/9/2009]
[Ord. 2009-8, 9/9/2009]
As used in this Part 1, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways,
including trailers or semitrailers pulled thereby.
Any condition which shall constitute a threat or potential
threat to the health, safety, or welfare of the citizens of the Township
of Kingston, within the purview of the law of the Commonwealth of
Pennsylvania.
The owner, agent or custodian of the real property on which
motor vehicles are stored, whether an individual, partnership, association
or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
[Ord. 2009-8, 9/9/2009]
1.
It shall be unlawful for any person, owner, or lessee of any real
property situated in the Township of Kingston to park, keep, maintain,
or store upon the open and unenclosed real property of such person,
owner or lessee any inoperative or unlicensed motor vehicle or any
motor vehicle which shall be in a state of major disassembly, major
disrepair, or in the process of being stripped or dismantled or unable
to move under its own power.
2.
A motor vehicle of any type is permitted to undergo major overhaul,
including painting and body work, provided that such work is performed
inside a fully enclosed structure or similarly enclosed area approved
for such purposes by the Zoning Officer and Code Enforcement Officer
of the Township of Kingston after an inspection of the structure or
enclosure. In all such cases, the motor vehicle shall not contain
any gasoline, oil or other flammable fluid.
3.
In addition to the provisions of Subsection 1 above, the storage of any motor vehicle owned by any person upon any open and unenclosed real property situated in the Township of Kingston for a period of 30 consecutive days in any calendar year is prohibited if such motor vehicle has any of the following defects:
A.
Broken windshields, mirrors or other glass, with sharp edges.
B.
One or more flat or open tires or tubes, which could permit vermin
harborage.
C.
Missing doors, windows, hood, trunk, or other body parts, which could
permit animal harborage.
D.
Any body parts with sharp edges, including holes resulting from rust.
E.
Missing tires, resulting in unsafe suspension of the motor vehicle.
F.
Upholstery which is torn or open, that could permit animal and/or
vermin harborage.
G.
Broken headlamps or taillamps with sharp edges.
H.
Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or on the vehicle.
I.
Protruding sharp objects from the chassis.
J.
Broken vehicle frame suspended from the ground in an unstable manner.
K.
Leaking or damaged oil pan or gas tank, which could cause fire or
explosion.
L.
Exposed battery containing acid.
M.
Inoperable locking mechanism for doors or trunk.
N.
Open or damaged floor boards, including trunk and firewall.
O.
Damaged bumpers pulled away from the perimeter of the vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal rims and clips.
R.
Broken radio or communication equipment antennas with sharp points.
S.
Suspended or unstable supports.
T.
Such other conditions or defects which could threaten the health,
safety and welfare of the citizens of the Township of Kingston and
could create a public nuisance.
[Ord. 2009-8, 9/9/2009]
This Part 1 shall be enforced by the Kingston Township Police
Department.
[Ord. 2009-8, 9/9/2009]
1.
A violation of any provision of this Part 1 shall constitute a summary offense and shall be enforced by the commencement of an action before a District Justice by the Kingston Township Police Department in the manner provided for enforcement of summary offenses under the applicable provisions of the Pennsylvania Rules of Criminal Procedure and the Second Class Township Code, 53 P.S. § 166601(C.1)(2), or any amendment thereof. If so designated by the Board of Supervisors, the Solicitor of the Township of Kingston may assume charge of the prosecution of such violation(s) in a manner consistent with the Pennsylvania Rules of Criminal Procedure relating to trial of summary cases, as the same may be amended from time to time.
2.
Any person, who shall be found to have violated any provision of
this Part 1, shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and all costs of prosecution, and in
default of payment of said fine, be subject to imprisonment to the
extent allowed by law for the punishment of summary offenses. Each
day that a violation of this Part 1 continues shall constitute a separate
offense.
3.
In addition to all other remedies provided herein for violations
of this Part 1, the Township of Kingston shall have the right to proceed
in any court of competent jurisdiction for the purpose of obtaining
an injunction, restraining order, or other appropriate remedy to compel
compliance with the provisions of this Part 1. The remedies provided
herein for the enforcement of this Part 1, 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 Board
of Supervisors.
[Ord. 2009-8, 9/9/2009]
This Part 1 supersedes and has precedence over the provisions of Chapter 27, Zoning, of the Township of Kingston, the provisions of Chapter 5, Part 5, Property Maintenance Code (International Property Maintenance Code), and the provisions of any other ordinance, resolution, rule or regulation relating to the storage of motor vehicles in the Township of Kingston.
[Ord. 2009-8, 9/9/2009]
The provisions of the Township of Kingston Code of Ordinances,
so far as they are the same as those ordinances and regulations in
force immediately prior to the adoption of this Part 1, are intended
as a continuation of such ordinances and regulations and not as a
new enactment. The provisions of this Part 1 shall not affect any
suit or prosecution pending or to be instituted to enforce any of
the prior ordinances or regulations except as provided by law.
