[HISTORY: Adopted by the Mayor and Council of the Township of Florence 10-21-1987
by Ord. No. 1987-27; amended in its entirety 8-4-2004
by Ord. No. 2004-11. Subsequent amendments noted where applicable.]
[Amended 4-4-2007 by Ord. No. 2007-04]
The following terms, phrases and words used in and for the purpose of
this chapter shall be deemed to have the following meanings:
Includes any motor vehicle, omnibus, road tractor, truck, truck trailer,
boat, boat and trailer, or other vehicle which:
Is parked without current year's registration or identification
markers as required by law and/or remains so for a period of 48 hours; for
any boat and trailer combination, both the boat and the trailer must have
valid current year's registration;
Has been continuously and without interruption parked in any public
street or on any public land for a period of 15 days;
Is so disabled as to constitute an obstruction to traffic and the driver
or person owning or in charge thereof neglects or refuses to move the same
to a place where it shall not obstruct traffic;
Is found to be mechanically inoperative and is allowed to remain inoperative
for a period of seven days (said period of time may be extended for good cause,
by the Police Department);
Is found without one or more tires; or
Does not display a current motor vehicle inspection sticker of the state
in which it is registered.
Any watercraft which if operated on any river, creek, stream, lake
or other waterway would be required to be registered under the laws of the
United States or the laws of the State of New Jersey.
The sequestration of the motor vehicle, junk automobile or junk automobile
at a place of storage.
Any automobile which is no longer in actual use as a motor vehicle
or which is wholly unfit, without rebuilding or reconditioning, for use in
highway transportation or which has been discarded for use as a motor vehicle
or otherwise abandoned.
Any motor vehicle, omnibus, road tractor, trailer, truck tractor
or other vehicle and shall have the meaning as described to the foregoing
words as contained and defined in N.J.S.A. 39:1-1 et seq.
Any individual, firm, partnership or corporation being the owner
or having any legal right in or to the motor vehicle as herein defined.
A junkyard or other approved storage area, but any such junkyard
or other storage area is subject to any and all provisions contained in this
chapter and any and all other ordinances of the Township of Florence.
The Police Department of the Township of Florence.
A.
Abandonment prohibited. It shall be unlawful for any
person to abandon or suffer to permit the abandonment of any motor vehicle,
junk automobile or junk automobile body, trailer, boat or boat and trailer
combination out of doors upon any public or private lands in the Township
of Florence, upon any public street or between the right-of-way side lines
of any public right-of-way therein.
B.
Storage prohibited. No person shall place, keep or store
any junk automobiles or junk automobile bodies, trailer, boat or boat and
trailer combination, as heretofore defined in this chapter, on any public
or private property within the Township of Florence.
C.
Presumption. If any motor vehicle, junk automobile or
junk automobile body, trailer, boat or boat and trailer combination shall
be abandoned on private lands for 30 days or more, it shall be presumed that
the owner or tenant in possession of said land has abandoned it there or permitted
or suffered it to be abandoned there.
D.
Exclusion. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any motor vehicle, junk automobile or junk automobile body, trailer, boat or boat and trailer combination in an enclosed garage, barn or other building or as permitted by Chapter 91, Land Development.
Whenever any officer of the Township of Florence Police Department finds
any motor vehicle, junk automobile or junk automobile body, trailer, boat
or boat and trailer combination which has been abandoned, kept or stored contrary
to the provisions of this chapter, such member of the Florence Township Police
Department shall remove, secure the removal of and/or impound said vehicle
or direct the removal of said junk automobile or junk automobile body, trailer,
boat or boat and trailer combination in accordance with the procedures hereinafter
set forth:
A.
Public property. Whenever any abandoned motor vehicle,
junk automobile or junk automobile body, trailer, boat or boat and trailer
combination is found on any public street, highway or public property, an
emergency condition is herewith declared to exist, and any officer of the
Florence Township Police Department is hereby authorized to immediately remove,
secure the removal of and/or impound the motor vehicle, junk automobile or
junk automobile body, trailer, boat or boat and trailer combination in accordance
with the provisions of N.J.S.A. 39:10A-1 et seq.
B.
Private lands.
(1)
Whenever any motor vehicle, junk automobile or junk automobile
body is found on private land in violation of the provisions of this chapter
or if probable cause exists that a violation of this chapter exists, then
any officer of the Florence Township Police Department shall cause the owner
of the motor vehicle, junk automobile or junk automobile body, trailer, boat
or boat and trailer, if he can be found, or the owner or tenant of the private
lands upon which the violation is occurring to be given 10 days' written
notice that said violation exists; said notice shall be given in writing by
personal service or by registered mail, sent to the last known address of
the owner of the motor vehicle, junk automobile or junk automobile body, trailer,
boat or boat and trailer and/or the owner or tenant of the property.
(2)
In the event that, at the expiration of 10 days, the
violation of the provisions of this chapter still exist, the owner or tenant
of the private land on which the violation is occurring shall be subject to
a penalty as provided herein.
A.
Any person who violates the provisions of this chapter shall, in addition to such other penalties as may be prescribed, pay all costs of removal, impoundment and sale not paid for out of the proceeds of the sale, and in the event that the violator is a property owner as specified in § 133-2C above, said costs and such other penalties as may be levied in accordance with this chapter shall become a lien upon his property in accordance with law and be collected in the manner ascribed and established for the collection of liens.
B.
Any person who violates any provisions of this chapter
shall, upon conviction, be punished by a fine not exceeding $1,000 or by imprisonment
for a period not exceeding 90 days or by community service for a period not
exceeding 90 days, or any combination thereof, at the direction of the Municipal
Judge, and each day that a violation shall continue shall be deemed a separate
offense.
C.
A continuation of a violation or a noncompliance with
the provisions of this chapter shall be deemed a nuisance, and the Mayor and
Council shall have the right to apply to the courts of this state for injunctive
relief or other relief in addition to the penalties provided for herein.
