[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon 10-19-2006
by Ord. No. 25-06;[1] amended in its entirety 7-19-2007 by Ord. No. 14-07. Subsequent
amendments noted where applicable.]
The purpose of this chapter shall be to provide rules, regulations and
standards for the parking and storage of motor vehicles and boats on private
property in the Borough of Kinnelon in order to promote the public health,
safety, convenience and general welfare of the Borough.
As used in this chapter, the following terms shall have the meanings
indicated:
A watercraft, other than a sea plane on the water, used or capable
of being used as a means of transportation on water, which is at least 12
feet in length. This definition shall not include the following: nonmotorized
inflatable devices, surfboards, racing shells, dinghies, canoes, rowboats
and kayaks.
The portion of a lot on private premises that is unable to be affected
by water or through which water or other fluids can not pass.
A motor vehicle as defined by the Motor Vehicle Law of New Jersey,
N.J.S.A. 39:1-1.
Capable of being lawfully used or operated on the public highway.
The portion of a lot on private premises that is able to be affected
by water or through which water or other fluids can pass.
A.
The parking or storage of motor vehicles, not garaged,
on any private premises, shall be unlimited in number, provided said motor
vehicles are parked or stored on impervious surfaces on said private premises.
B.
The parking or storage of motor vehicles, not garaged,
on any private premises shall not be permitted on any pervious surfaces on
said private premises.
C.
The parking or storage of unlicensed, unregistered or
uninspected motor vehicles, except in garages, on private premises shall not
be permitted. Motor vehicles with historical or collectors' registrations,
if not garaged, must also be operable.
D.
The parking or storage of any discarded, wrecked, junked,
dismantled or partially dismantled motor vehicle, not garaged, on private
property in the Borough shall be permitted for a period not to exceed 15 days.
A.
Where a violation of this chapter or the regulations
hereunder is found to exist, a written notice from the Borough of Kinnelon
Police Department shall be served upon the owner responsible for correcting
such condition. The notice shall contain the following:
(1)
A description of the property sufficient for identification;
(2)
An identification of the conditions constituting the
violation;
(3)
The necessary corrective action;
(4)
A time period not to exceed 10 days after service of
the notice upon the owner to correct or abate the violation;
(5)
A statement that a summons may be issued by the Borough
of Kinnelon Police Department in 10 days after service; and
(6)
A statement of the penalty for violation of the notice.
B.
The notice may be served personally or by certified mail
at the last known address of the owner alleged to be in violation. Where it
is ascertained that the owner does not reside on the premises and the last
known address cannot be ascertained, the notice may be posted on the outside
front entrance of the affected building. Service upon any owner may also be
achieved by service of any notice upon a member of the family of the owner,
provided that such family member is 16 years of age or older and resides with
such owner.
C.
If the violation is not corrected or abated within 10
days after service of the notice, the Borough of Kinnelon Police Department
shall issue a summons to the owner to appear in municipal court for violation
of this chapter, pursuant to N.J.S.A. 2B:12-17a.
D.
The Borough of Kinnelon Police Department may extend
the time for correction and abatement of any violation of this chapter for
an additional period of time not to exceed 30 days, except where major capital
improvements or renovations are involved, in which case, the time for completion
may be extended for such period of time as the Borough of Kinnelon Police
Department may deem reasonably adequate.
