[Ord. 1973-13, 7/2/1973, § 1; as amended by Ord.
2002-8, 8/26/2002; and by Ord. 2009-8, 12/7/2009]
1.
It shall be unlawful for any person or persons, partnership, firm,
association or corporation to afford outside storage or parking to
store or park out-of-doors any wrecked, damaged, demolished, dilapidated,
dismantled or abandoned motor vehicle on public property or on the
streets, roadways or alleys within the Borough for more than two days,
or on private property within the Borough for more than 30 days.
2.
The criteria used to determine noncompliance is: any damage to, deterioration
of, or missing parts from a vehicle exterior, interior, engine, engine
compartment, power train, or drive train, that would cost more than
$100 to restore to original factory condition, render the vehicle
in violation of this Part. Also, any vehicle for which the registration
or state vehicle inspection has been expired for more than 30 days
shall be considered in violation of this Part.
[Ord. 1973-13, 7/2/1973, § 2]
Any such motor vehicle may be stored or parked on said streets,
highways or public property only in the event of a compelling emergency.
The owner, operator or custodian of such vehicle shall promptly, but
not later than 24 hours of such storage or parking, notify the Police
Department of the Borough of Forty Fort of such storage or parking
giving the name of the owner, operator or custodian, the license number
if any, and the reason for such storage or parking, the location of
the vehicle, the time when the same was stored or parked and the provisions
made, or to be made, for its removal. Such vehicle shall be removed
from said street, highway or public place within 48 hours from the
time it was so stored or parked.
[Ord. 1973-13, 7/2/1973, § 3]
Where such vehicle is stored or parked on private land, the
owner or occupant thereof, unless such storage or parking constitutes
a trespass of which such owner or occupant has no knowledge, or the
owner, operator or custodian of such vehicle shall promptly, but no
later than 72 hours after such parking or storage is discovered or
occurs, shall notify the Chief of Police of the Forty Fort Borough,
or any other duly authorized and constituted representative of the
Borough, of such storage or parking, giving the name and address of
the owner or occupant of the land and, if known, the name of the owner,
operator or custodian of the vehicle, the license number if any, the
reason for such storage or parking, the location of the vehicle, the
time when the same was stored or parked, and the provision made or
to be made for its removal. Such vehicle shall not remain stored or
parked out of doors after the expiration of 15 days from the time
it was so stored or parked, provided such storage or parking is not
for the purpose of the bona fide repair of such vehicle.
[Ord. 1973-13, 7/2/1973, § 4; as amended by Ord.
2002-8, 8/26/2002; and by Ord. 2009-8, 12/7/2009]
1.
Where such storage or parking is for the purpose of bona fide repair
of such motor vehicle and the owner or occupant of such land or the
owner, operator or custodian of such motor vehicle, is not engaged
in the business of automotive repair, but intends to make such repair,
such owner or occupant of the land or such owner, operator or custodian
of such motor vehicle, as the case may be, shall apply to the Chief
of Police, or any other duly authorized and constituted representative
of the Borough, for a permit for the outside storage or parking of
such vehicle during the course of its repair, said permit to be good
for a period of 30 days from the date of such storage or parking.
No more than two permits, for not more than 30 days each, shall be
issued for any on vehicle.
2.
Vehicles Stored for Purposes of Restoration. Any vehicle stored for the purposes of restoration shall be stored in a garage or a similar structure, totally enclosed with a roof and walls to protect the vehicle from the elements. The structure must be constructed of permanent building materials, installed in accordance with the Borough Building Codes [Chapter 5, Part 2] and Zoning Ordinance [Chapter 27]. The floor must be impervious to prevent the spillage of fluids onto the soil or ground.
[Ord. 1973-13, 7/2/1973, § 5]
Where the owner or occupant of said property is engaged in the business of automotive repair and such motor vehicle has been placed in the custody of the owner of said property for storage, parking and/or repair, the owner or occupant of said property shall apply to the Chief of Police, or any other duly authorized and constituted representative of the Borough, for a permit for the outside storage or parking of such vehicle while awaiting, or during the course of its repair, such permit to be good for a period of 30 days from the date of such storage or parking; provided such owner or occupant presents proof to the Chief of Police, or any other duly authorized and constituted representative of the Borough, that there is a bona fide contract or agreement between such owner or occupant of the land and the owner or custodian of the vehicle for the repair thereof. Otherwise said vehicle shall not remain stored or parked out-of-doors after the expiration of 15 days from the date of the storage or parking thereof as provided in § 10-103 of this Part.
[Ord. 1973-13, 7/2/1973, § 6]
As used in this Part shall apply to both self-propelled vehicles
and vehicles which are customarily attached to and propelled by self-propelled
vehicles.
[Ord. 1973-13, 7/2/1973, § 7; as amended by Ord.
2002-8, 8/26/2002; and by Ord. 2009-8, 12/7/2009]
Any person, firm or corporation who shall violate any provision
of this Part, or knowingly aiding, abetting or assisting in the violation
hereof, upon conviction thereof, shall be sentenced to a fine of not
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense. After 30 days' notice has been given, or has attempted to
have been given, to remove a vehicle in violation of this Part, in
addition to any penalties outlined above, the Borough may remove said
vehicle. Such removal may be by any means necessary to accomplish
the removal. The vehicle may be removed to any metal recycling or
scrap dealer, auto salvage business, or any other business or location
utilized for storage, scrap or recycling of vehicles. The owner of
the vehicle shall initiate, prepare, have notarized, execute and issue
to the proper authorities all paperwork, transfers and forms necessary
or required for deposit of the vehicle. Copies of said paperwork and
forms shall be provided to the Borough upon request of the Borough.
