[HISTORY: Adopted by the Board of Commissioners of the Township
of Stowe as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-10-1981 by Ord. No. 654; amended in its entirety 11-9-1993 by Ord. No. 760 (Ch.
10, Part 3, of the 1993 Code of Ordinances)]
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner for the purpose of this article when the lessor holds
the lessee responsible for maintenance and repairs.
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 danger or potential danger to the health, safety, or welfare of
the citizens of the Township of Stowe.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association,
or corporation.
A natural person, firm, partnership, association, corporation,
or other legal entity.
B.
In this article, 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 Township of Stowe. 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:
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 which 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 floorboards, including trunk and firewall.
O.
Damaged bumpers pulled away from the perimeter of vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips.
R.
Broken communication equipment antennae.
S.
Suspended on unstable supports.
T.
Such other defects which could threaten the health, safety and welfare
of the citizens of the Township of Stowe.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 418-2 above may store such vehicle(s) in the Township of Stowe 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 Township of Stowe in an amount as established, from time to time, by resolution of the Board of Commissioners. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence at least six feet high which is locked at all times when unattended.
B.
With the special approval of the Board of Commissioners, 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 100 square feet.
A.
The Zoning Officer is hereby empowered to inspect private property
on which motor vehicles are stored to determine if there is compliance
with the provisions of this article. If noncompliance with the provisions
of this article constitutes a nuisance, or if any condition, structure,
or improvement poses a threat to the health, safety, or welfare of
the public, he 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 be unknown, by posting the notice conspicuously
upon the offending premises.
B.
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 nuisance within the time limit
prescribed, the Township of Stowe shall have the authority to take
measures to correct the conditions and collect the cost of such corrections,
plus 10% of all costs. The Township of Stowe, 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.
A.
Any person aggrieved by the decision of the Zoning Officer may request
and shall then be granted a hearing before the Board of Commissioners,
providing he files with the Board of Commissioners within 10 days
after notice of the Zoning Officer's decision a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor. The hearing shall commence not later than 30 days
after the date on which the petition was filed unless postponed for
sufficient cause.
B.
After such hearing, the Board of Commissioners shall sustain, modify
or overrule the action of the Zoning Officer.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not more than
$1,000 and, in default of payment of said fine and costs, to undergo
imprisonment for a term not to exceed 30 days. Each day that a violation
of this article continues shall constitute a separate offense.
The remedies provided herein for the enforcement of this article,
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 Commissioners.
[Adopted 10-12-1999 by Ord. No. 817 (Ch. 10, Part 6, of the 1993 Code
of Ordinances)]
It is hereby unlawful for any person, persons, firm or corporation
to do any nonemergency repair on any vehicle or motor vehicle on any
street or alley in the Township. Emergency repairs may include, but
are not limited to, changing a tire, changing a battery, and replacing
a belt or hose.
[Amended 11-9-2005 by Ord. No. 891]
It is hereby unlawful to leave a trailer which is attached to
a motor vehicle or a trailer which is unattached from a motor vehicle
for more than 48 hours on any street or alley in the Township; after
the expiration of the 48 hours, the vehicle will be considered abandoned
and the cost of towing and storing such vehicle will be borne by the
owner or owners.
It is hereby unlawful for any person, persons, firm or corporation
to place any type of object on any street or alley in the Township
for the purpose of saving a parking space. Any object so placed shall
be removed and disposed of by the Public Works Department.
It is hereby unlawful for any vehicle to be on any street or
alley in the Township with expired inspection, emission, registration
plate or stickers for more than seven days; after the seventh day,
the vehicle will be considered abandoned and the cost of towing and
storing will be borne by the owner or owners.
Vehicles with class six or higher stickers are not permitted
to be parked on any street or alley in the Township during the hours
of 7:00 p.m. to 7:00 a.m.
Any person, persons, firms or corporations found guilty of violating
any of the provisions of this article may be fined up to $1,000, plus
cost of prosecution.
