[HISTORY: Derived from Sec. 3-8 of the 2002 Revised General
Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No.
02-27. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any motor vehicle which is in such defective condition as
to be unable to be moved under its own power or which is not licensed
or inspected for the current year.
A vehicle, machinery or equipment not housed in a structure.
All motor vehicles as defined under N.J.S.A. 39:1-1.
A vehicle in such a condition as to prevent its being moved
due to a failure to display proper license plates or inspection certificates,
as required by law.[1]
[1]
Editor's Note: The former definition of "unused vehicle,"
which immediately followed this definition, was repealed 12-17-2018
by Ord. No. 18-22.
A.
It is hereby declared that the keeping, storage or abandonment of
any motor vehicle which is in such defective condition as to be unable
to be moved under its own power or which is not licensed or inspected
for the current year or of any unused machinery or equipment is adverse
to the public welfare in that such motor vehicles, machinery or equipment
is unsightly and detrimental to the neighborhood.
B.
It is hereby further declared that such vehicles, machinery and equipment
located on public and private lands and premises within the Township
constitute attractive nuisances insofar as children are concerned
and thereby invite injury, and they likewise tend to attract vermin
and thereby cause disease and are otherwise inimical to the health,
morals, safety and general welfare of the people of the Township.
[Amended 12-17-2018 by Ord. No. 18-22]
A.
No person
shall keep, store, abandon, or leave upon any parcel of land, street,
road, alley, way or parkway in the Township any motor vehicle which
is in such defective condition as to be unable to be moved under its
own power or which is not licensed or inspected for the current year,
or any unused machinery or equipment, except in the case of emergency,
and then for a period of not more than 24 hours, provided the police
have been so notified.
B.
No vehicle
of any type that is parked upon any Township roadway shall remain
standing in one location for more than 72 consecutive hours.
A.
Storage in building. Nothing contained herein shall be deemed to
prohibit the placing, keeping or storing of any such motor vehicle,
machinery or equipment in an enclosed garage or other building in
the Township.
B.
Antique car. This chapter is not intended in any way to affect the
lawful pursuit by citizens of the Township of any activities or hobbies
relating to the retention and repair of antique or classic motor vehicles.
C.
Service stations. Service stations, auto body shops, auto mechanical
shops and other business enterprises dealing with the storing and
repairing of inoperable motor vehicles shall be required to retain
any such vehicle on their property behind screened areas which obscure
such vehicles from view, so as not to constitute a nuisance throughout
the Township.
A.
No owner or occupier of any private lands or premises shall permit or suffer any inoperable motor vehicle or component parts thereof to be parked, left, stored or maintained on his/her land or premises unless the owner or occupier complies in full with the provisions as set forth in § 343-3, except as hereinafter provided in Subsection B below.
B.
An owner of open land may permit the storage of a mechanically inoperable
motor vehicle on his/her premises where the intent of such maintenance
is to store and warehouse such vehicle for a period of time not to
exceed one year; provided, however, such motor vehicle shall be stored
in a shed or otherwise screened from view.
When it has been ascertained that a violation of this chapter
exists, the owner of the abandoned vehicle or the unused machinery
or equipment, if he/she can be found, or the owner or tenant upon
whose land the violation exists shall be given 10 days' written notice
by the Construction Code Official to:
Any notice served pursuant to this chapter shall automatically
become an order if a written petition for a hearing is not filed in
the office of the Chief of Police within 10 days after such notice
is served.
A.
Petition. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter
may request, and shall be granted, a hearing on the matter before
the Chief of Police. Such person shall file, in the office of the
Chief of Police, a written petition requesting such hearing and setting
forth a brief statement of the grounds therefor within 10 days after
the day the notice was served.
B.
Notice. Upon receipt of such petition, the Chief of Police shall
set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why the violation notice should
be modified or withdrawn.
C.
Time. The hearing shall be commenced not later than 10 days after
the day on which the petition was filed. Upon application of the petitioner,
the Chief of Police may postpone the date of the hearing for a reasonable
time beyond such ten-day period if, in his/her judgment, the petitioner
has submitted a good and sufficient reason for such postponement.
D.
Decision. After the hearing, the Chief of Police shall sustain, modify
or withdraw the notice, depending upon his/her finding as to whether
the provisions of this chapter have been complied with. If the Chief
of Police sustains or modifies such notice, it shall be deemed to
be an order to remove the vehicle.
If the owner of the motor vehicle, machinery or equipment or
the property owner or tenant fails to comply with the written notice,
the Township is hereby authorized to go upon the property and remove
the vehicle, machinery or equipment and charge the owner of the same
or the property owner or tenant with the reasonable cost of such removal.
The imposition of a penalty or penalties for any violation of
this chapter shall not excuse the violation or permit it to continue,
and such persons shall be required to correct or remedy such violation
within 15 days. If such violation as set forth above is not corrected
or remedied within this specified period of time, then each 15 days
thereafter that the prohibited conditions are maintained shall constitute
a separate offense hereunder.
