[HISTORY: Adopted by the Borough Council of the Borough of South Waverly 5-6-1985 by Ord. No. 5-6-85-2. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ANTIQUE MOTOR VEHICLE
- 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.
- AUTOMOBILE WRECKING
- The storage, maintenance or dumping of a partially dismantled or junk automobile or the parts of a junk automobile.
- CLASSIC MOTOR VEHICLE
- 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. 
- JUNK MOTOR VEHICLE
- 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.
- MOTOR VEHICLE REPAIR SHOP
- 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.
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.
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.
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.
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]
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 change equal to the cost of removal plus 10%.
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]
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.
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.
Any person, firm, association or corporation violating the provisions of this chapter shall be fined not less than $50 nor more than $600 for each violation, together with costs of prosecution, or, in default of payment of said fine and costs, shall be imprisoned in the county jail for a term of not more than 30 days, or both.
Each period of 24 hours during which a person, firm or corporation violates the provisions of this chapter shall be a separate offense.