[HISTORY: Adopted by the City Council of
the City of Salem 11-17-1986 as Ord. No. 8627. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any vehicle propelled otherwise than by muscular power, except
such vehicles as run only upon rails or tracks, found on any lands
and not bearing current and proper registration plates, remaining
stationary and unused for more than seven days consecutively on public
lands and 15 days upon any private lands or premises. Said term "abandoned
vehicle" does not include travel trailers or camp trailers or vehicles
which are covered by other chapters of this Code.
[Amended 10-18-2004 by Ord. No. 04-26; 4-2-2012 by Ord. No. 12-03]
Any automobile which is no longer in actual use as a motor
vehicle or which is wholly unfit without rebuilding or reconditioning
for use for highway transportation or which has been discarded for
use as a motor vehicle. "Junk automobiles" or "junk automobile bodies"
shall also be considered to be abandoned motor vehicles.
A.Â
No person shall place, abandon or leave, keep or store or suffer or permit the placing, abandoning, leaving, keeping or storage of any inoperable or abandoned vehicle out of doors upon any public or private land in the City of Salem or upon any street or highway within the city. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such vehicle in any enclosed garage, barn or other building, nor shall this chapter apply to junkyards licensed pursuant to Chapter 127, Junkyards and Junk Dealers.
[Amended 10-16-1995 by Ord. No. 95-15]
B.Â
No owner or occupier of any private land or premises
shall permit or suffer any inoperable or abandoned motor vehicle to
be parked, left, stored or maintained on his or her lands for more
than 15 days. It shall be presumed after 15 days that the owner and/or
tenant in possession of said land let, placed, kept or stored said
vehicle there or permitted or suffered it to be left, placed, kept
or stored there. It shall be further presumed that the owner or last
registered owner of said vehicle left, placed, kept or stored said
vehicle there or permitted or suffered it to be left, placed, kept
or stored there.
[Amended 10-18-2004 by Ord. No. 04-26]
It shall be unlawful for any person to place,
keep, store or maintain a junk automobile or automobile body or, separately,
the parts of an automobile which are exposed outside of an enclosed
building on any tract of land within the City of Salem unless said
person is the holder of a junkyard license or unless such automobile
bodies and parts are kept temporarily in the operation of a full-time
business primarily conducted for the sale or repair, or either, of
automobiles.
[Amended 10-18-2004 by Ord. No. 04-26]
Whenever it shall appear to any member of the
Police Department of the City that this chapter is being violated
and that the land on which the violation exists is privately owned,
he shall, in writing, notify the owner or tenant in possession of
the land on which the violation exists to abate violation by removing
the article or articles constituting the violation from the City or
into an enclosed garage, barn or other building within five days of
the service of the notice, which notice shall be served upon such
landowner or tenant or last registered owner of said vehicle if he
resides in the City personally or by leaving it at his usual place
of abode with some member of his household over the age of 14 years;
but if any such individual shall reside outside the City or cannot
be served as heretofore set forth, the notice shall be served upon
him by registered or certified mail addressed to him at his usual
residence and, if said notice comes back unclaimed, by regular mail.
If no address is available, service shall be made by notice published
in the local newspaper. The person served shall abate the violation
within seven days.
[Amended 10-18-2004 by Ord. No. 04-26]
In the event that the owner-possessor-occupant
of said lands or the owner or last registered owner of said vehicle
shall refuse or neglect to abate or remedy the condition complained
of and which constitutes a violation of this chapter, the Police Department
shall serve a summons alleging a violation of this chapter. In addition,
the Police Department shall follow the procedures established by N.J.S.A.
40:48-2.49 and 39:10A with regard to the removal and disposition of
such vehicles. By resolution of the Council, the City may enter into
an agreement or contract with a qualified individual or business regarding
the delegation of authority and assumption of responsibility for towing
and storage under this chapter and to the extent appropriate and permissible
under N.J.S.A. 39:10A-1 et seq. and 40:48-2.49, including reasonable
remuneration for such services.
Whenever it shall appear that this chapter is being violated and that the violation exists upon public lands, streets or highways, said vehicle shall be taken into possession by the Police Department, or its contractual agent as described in § 221-5 above, for storage and disposition in accordance with N.J.S.A. 39:10A-1. Any person abandoning a vehicle on a public highway or property shall be in violation of this chapter and subject to the prescribed penalties. It shall be presumed that the owner or last registered owner of any such vehicle intentionally caused such vehicle to be abandoned.
[Amended 10-16-1995 by Ord. No. 95-15]
Each day that any person shall continue to keep,
maintain or store any junk automobiles or junk automobile bodies or
junk automobile parts in violation of this chapter shall be deemed
to be a separate offense. Any person violating the provisions of this
chapter shall be subject to a fine of not less than $100 nor more
than $1,000 or imprisonment for a term not exceeding 90 days or a
period of community service not exceeding 90 days.
At any time prior to sale, the owner or other person entitled thereto may reclaim possession of any motor vehicle seized and/or stored under this chapter upon payment of reasonable costs of removal and storage of the vehicle to the city or to any individual or business with whom the city has contracted as set forth in § 221-5 above and, in addition, any fine, penalty or court cost assessed against him for a violation which gave rise to seizure or taking possession of such vehicle.
