[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly 5-6-1985 by Ord.
No. 5-6-85-2 (Ch. 139 of the 1992 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in or restored to a condition which is substantially in conformance
with manufacturer's specifications. This vehicle has to be registered
and licensed by the Commonwealth of Pennsylvania and also inspected
once a year.
The storage, maintenance or dumping of a partially dismantled
or junk automobile or the parts of a junk automobile.
A motor vehicle, but not a reproduction thereof, manufactured
at least 10 years prior to the effective date of the amendment to
this definition and, because of limited availability, determined by
the Department of Transportation to be a model or make of significant
value to collectors or exhibitors and which has been maintained in
or restored to a condition which is substantially in conformity with
manufacturer specifications and appearance, provided that five years
from the effective date of the amendment to this definition and thereafter,
only a vehicle which was manufactured at least 15 years prior thereto
and, because of limited availability, determined by the Department
to be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to condition which is
substantially in conformity with manufacturer specifications and appearance
shall be considered a "classic motor vehicle" under this chapter.
Any "classic motor vehicle" registered under 75 Pa.C.S.A. § 1340
(relating to antique and classic plates) on the effective date of
the amendment to this definition which fails to qualify as a "classic
motor vehicle" pursuant to these provisions may retain such classic
registration unless another type of registration is applied for and
issued for the vehicle. This vehicle has to be registered and licensed
by the Commonwealth of Pennsylvania and also inspected once a year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A motor vehicle, including but not limited to an automobile
and truck, that is so worn, deteriorated, obsolete, dismantled or
disassembled as to make it inoperable or unusable in its existing
condition, and/or a motor vehicle which has become incapable of being
operated for a period of 30 days due to mechanical defects and/or
because it is not licensed and/or does not have a current valid Pennsylvania
inspection sticker.
A facility for automobile repair, automobile body repair,
an automobile gas station for motor vehicle repairs or a truck repair
shop that is already established or is a new business complying with
the Zoning Ordinance and whose primary purpose is the repair of motor
vehicles.
A.
No person shall maintain or keep a junk motor vehicle within South
Waverly Borough for a period exceeding 30 days unless such junk motor
vehicle is kept or maintained wholly within a building having four
walls.
B.
No person shall maintain or conduct motor vehicle wrecking within
South Waverly Borough unless the same shall be maintained or conducted
wholly within a building having four walls.
C.
A junk motor vehicle will be allowed to be parked on the exterior
premises of a motor vehicle repair shop until repairs are effected,
but in no case for more than a period of 60 days unless one or more
of the following conditions exist: a pending civil lawsuit, a pending
criminal lawsuit, an insurance investigation or the vehicle is inoperable
because of lack of the availability of replacement parts.
D.
For purposes of this chapter, it shall be unlawful for any person
to store junked, abandoned or discarded vehicle in the open on private
or public property within South Waverly Borough. It shall be considered
a public nuisance as being hazardous to the health, safety and welfare
of the residents if said vehicle is leaking fluids; has broken glass;
has jagged metal, plastic or wooden material protruding from the vehicle;
is a place for the breeding of rodents and other animals; is an attractive
nuisance for children to be injured on; contains the storage of combustible
fuels; contains the storage of poisonous liquids; and/or is improperly
supported so that if the support collapses it could result in harm
or injury; and if the location of the vehicle would impede emergency
and/or fire and rescue efforts to a property because of the inability
to move the vehicle in the case of an emergency or fire.
[Added 12-7-1998 by Ord.
No. 12-7-98-3]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Junk motor vehicles kept in violation of any provision of this
chapter are declared to be a nuisance, and the Borough shall have
the power, upon noncompliance by the owner, to remove said junk vehicle
and to assess a charge equal to the cost of removal plus 10%.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Antique motor vehicles and classic motor vehicles shall be exempt
from the provisions of this chapter.
[Added 6-2-2010 by Ord.
No. 06-02-10-02[1]]
The Borough of South Waverly contracting police force or any
other authorized agent shall have the power and duty to enforce the
provisions of this chapter.
[1]
Editor's Note: This ordinance also provided for an effective
time and date of midnight on 6-30-2010, further providing that the
South Waverly Borough Police Department be disbanded at that time
contemporaneously with the commencement of police services in South
Waverly Borough by Sayre Borough Police Department pursuant to an
agreement of 3-1-2010.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not less than
$100 nor more than $600, plus court costs and reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings. If the
penalty is not paid, the Borough shall initiate a civil action for
collection in accordance with the Pennsylvania Rules of Civil Procedure.
Each day a 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 Bradford County.
