Chapter 45, Vehicles, Abandoned

[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 7-16-2002 by Ord. No. 2-2002; amended in its entirety 11-16-2004 by Ord. No. 4-2004. Subsequent amendments noted where applicable.]

GENERAL REFERENCES
Junkyards -- See Ch. 23.
Vehicles and traffic -- See Ch. 46.

§ 45-1. Prohibited acts.
No owner or responsible person shall leave parked upon a Borough street, highway or alley, on either public or private property, a disabled, inoperable vehicle.

§ 45-2. Definitions; word usage.
A. As used in this chapter, the following terms shall have the meanings indicated:
DISABLED, INOPERABLE VEHICLE -- A vehicle that is not capable of being moved under its own power or a vehicle with deflated tire or tires, or is partially disabled, wrecked or junked; or is not displaying current registration plate(s) or inspection stickers.
LESSEE -- Is the "owner," for the purpose of this chapter when the lessor holds the lessee responsible for maintenance and repairs.
MOTOR VEHICLE -- 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.
NUISANCE -- Any condition, structure or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of the Borough.
OWNER -- The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or corporation.
PERSON -- A natural person, firm, partnership, association, corporation or other legal entity.
VEHICLE(S) -- One that is designed for the purpose of transporting people or property and it may be motorized or designed to be drawn by a motorized vehicle. This chapter does not exclude that type of vehicle uses in construction or farming activities. The term "vehicle" shall include boats and trailers for boats, or any other use, to be attached to a vehicle.
B. The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 45-3. Notice of violation.
The violation notice will alert the owner or responsible person seven days to respond by removing the vehicle. The officer will indicate on the violation notice VEHICLE MUST BE MOVED. The Police Department may allow additional time for the removal of a vehicle on violation of this chapter if the owner or responsible person can show just cause for doing so.

§ 45-4. Action upon failure to remove.
A. When the owner or responsible person fails to remove any vehicle that is in violation of this chapter and after receiving notice by the issuance of a Police Department violation notice, the Harveys Lake Police Department shall then issue said summons and forward same to the Magistrate for his judgment.
B. The said vehicle may be removed immediately when it constitutes a hazard to pedestrian or vehicular traffic or is a health, safety or fire hazard.

§ 45-5. Costs of removal and storage.
The owner or responsible person of the vehicle in violation that has been removed or directed to be removed by the Police Department pursuant to § 45-3 shall be responsible for all costs of removal and storage of said vehicle.

§ 45-6. Exceptions.
A. The provisions of this chapter shall not apply to:

(1) Such a vehicle that is enclosed or is an antique or classic vehicle with appropriate tags.
(2) Any bona fide auto or boat, etc., dealers, commercial sales businesses.
(3) Individual sales of privately owned cars, boats, trucks, trailers, etc., providing that it is on their own private or commercial property.

B. Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 45-2 above may store such vehicle(s) in the Borough 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 Borough such as may be provided from time to time by resolution of the Council. 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, 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 2,500 feet.
C. Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of the Borough Zoning Ordinance. (See Ch. 50, Zoning)

§ 45-7. Mechanical repairs prohibited.
A. No owner or responsible person shall perform or permit another person to perform mechanical repairs upon any vehicle while it is parked or left standing on any Borough street, highway or alley.
B. Major repairs are those that require the changing of a motor, transmission, drive shafts, exhaust systems, the changing of the vehicle fluids, or the changing of body parts.

§ 45-8. Permitting violations on property.
No owners or responsible person shall allow any violation of this chapter to occur on his/her property. Whoever violates any of the provisions of this chapter shall, upon conviction, pay all fines and costs set forth within this chapter. Each day of continued violation shall be a separate and subsequent offense.

§ 45-9. Violations and penalties.
The owner or responsible person who has received a violation notice for any of the aforementioned violations in this chapter shall pay a fine up to $500.