[Adopted 7-5-1995 by Ord. No. 7-5-95-5 (Ch. 75, Art. II, of the 1992 Code)]
As used in this article, the following words or phrases shall have the meanings ascribed to them in this section:
- Any vehicle resting for 96 hours or more and which is inoperable, without current registration plates, certificate or inspection.
- A stove, refrigerator, television, furnace, water heater, water softener, washer, dryer or mangle, household articles used to perform any of the necessary work in a household and articles used in business to increase production or to speed, ease or eliminate work.
- Any vessel capable of transporting a person on any river, stream, creek, lake or ocean.
- Any item resting for 96 hours or more with no known or apparent owner.
- HOUSEHOLD FURNISHINGS
- All items normally found and used in a home.
- Vehicles sold or to be sold for scrap; being stripped or being used or sold for parts.
- MOTOR VEHICLE REPAIR SHOP
- A facility for automobile repair or automobile body repair, an automobile gas station for motor vehicle repair or a truck repair shop whose primary purpose is the repair of motor vehicles.
- A natural person, the members of an unincorporated association, all of the partners of a partnership and the officers and board of directors of a corporation.
- A wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, object or boat.
- An automobile, motorcycle, minibike, bicycle, go-cart, truck or other wheeled means of conveyance, motorized or self-propelled.
It shall be unlawful for any person to accumulate or store any junked, abandoned or discarded vehicle, mobile homes, trailer, boat, appliance or household furnishing outside on private or public property within the Borough of South Waverly, Bradford County, Pennsylvania.
It shall be considered a public nuisance as being hazardous to the health, safety and welfare of the residents if said object is leaking fluids; has broken glass; has jagged metal, plastic or wooden material protruding from the object; is the place for the breeding of rodents, diseased animals, snakes, rats, groundhogs, mosquitoes and foul odors; 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 object will impede emergency and/or fire and rescue efforts to a property because of the inability to move the object in the case of an emergency or fire.
Exemption. A property owner shall be allowed to store one operable motor vehicle on his property that is unlicensed, meaning without current registration, plates, certificate and inspection, as long as said property owner shall comply with all of the applicable motor vehicle laws of the Commonwealth of Pennsylvania that pertain to the possession, operation and use of said vehicles.
Exemption. 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. All motor vehicle repair shop owners wishing to apply for the exemption status as provided for in this article shall register their motor vehicle repair shop with the Borough Council and provide to the Borough Council, upon request, evidence indicating that each junk motor vehicle on their premises qualifies for the exemptions allowed in this article.
Exemption. The property owner applying for said exemption shall give the Council or its agent permission to view and inspect the vehicle at the property owner's premises to determine if it is in compliance with the intent of this article.
[Added 6-2-2010 by Ord. No. 06-02-10-02]
The contracting police agency is authorized to assist the Code Officer to enforce the provisions of this article.
Editor's Note: This ordinance also provided for an effective time and date of 12:00 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.
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not 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 article 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 article in equity in the Court of Common Pleas of Bradford County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All prosecutions of this article shall be brought in the name of the Borough of South Waverly before any Magisterial District Judge and shall be commenced by information and warrant, citation or complaint and summons and shall be directed to and be served by a constable or other proper person. Warrants shall be returnable forthwith, and, upon such return, like proceedings shall be had as in case of summary convictions.