Article 2
Abandoned Articles

§5-201 Findings.

1.    The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances and household furnishings creates a hazard and danger to the health and welfare of people of the Borough.

2.    The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings provides a breeding area for rodents and other unhealthful animals.

3.    The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings creates an attractive nuisance for children who are not aware of the danger involved in them.

4.    The accumulation or storage of junked, abandoned or discarded vehicles, trailers, boats, appliances or household furnishings violates all concepts of ecological and environmental principles.

(Ord. 1984-1, 7/9/1984, §5-2001)

§5-202 Definitions.

As used in this Article, the following words and terms shall have the meanings ascribed to them in this Section:

Abandoned - any item resting for 96 hours or more and which is inoperable, without current registration plates or certificate of inspection, or in such a condition as to be unusable.

Appliance - a stove, refrigerator, television set, furnace, water heater, water softener, washer, dryer or mangle, any household article used to perform any of the necessary work in a household, and any article used in business to increase production or to speed, ease or eliminate work.

Boat - any vessel capable of transporting a person on any river, stream, creek, lake or ocean.

Building materials - any material used for constructing buildings.

Construction vehicle - any vehicle used for earth moving, construction of a building, or property maintenance such as excavation equipment, scissors lift, forklift, skid loader, etc., excluding vehicles used for personal residential property maintenance.

Discarded - any item resting for 96 hours or more with no known or apparent owner.

Hazardous liquids - any substance or material which could adversely affect the safety of the public or handlers or carriers, such as motor oil, antifreeze, gasoline, fuel oil, kerosene, batteries, automotive fluids, etc.

Household furnishing - all items normally found and used in a home.

Junked - items sold or to be sold for scrap, being stripped or being used or sold for parts.

Trailer - a wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, object or boat.

Vehicle - an automobile, motorcycle, motorbike, minibike, bicycle, go-cart, truck or other wheeled means of conveyance, motorized or self-propelled.

(Ord. 1984-1, 7/9/1984, §5-2002; as amended by Ord. 2017-3, 4/10/2017, §1)

§5-203 Unlawful to Accumulate or Store Certain Junked, Abandoned or Discarded Property.

1.    It shall be unlawful for any person to accumulate or store any junked, abandoned or discarded vehicle, trailer, boat, appliance, or household furnishing on private or public property within the Borough.

2.    Construction vehicles and building materials which are not screened, or within an enclosed structure, shall not be permitted on a property for a continuous period greater than 90 days. After 90 days they will be considered “abandoned” or “discarded.” This provision is not applicable to properties within the Agricultural (A) District.

3.    Hazardous and flammable liquids shall be stored in approved OSHA or DOT containers within an enclosure or building unless stored within an approved exterior above ground, or below ground, storage tank. All hazardous and/or flammable liquids shall be stored in accordance with current OSHA and DOT regulations. This provision is not applicable to properties located within the Agricultural (A) District.

(Ord. 1984-1, 7/9/1984, §5-2003; as amended by Ord. 2017-3, 4/10/2017, §2)

§5-204 Penalty for Violation.

Any person, firm or corporation who shall violate any provision of this Article, upon conviction thereof, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Article continues or each Section of this Article which shall be found to have been violated shall constitute a separate offense. The Borough shall be entitled to recover all of its reasonable attorneys’ fees as costs of the proceeding in accordance with §3321(a)(5) of the Borough Code.

(Ord. 1984-1, 7/9/1984, §5-2004; as amended by Ord. 2009-1, 7/13/2009; and by Ord. 2017-3, 4/10/2017, §3)