[HISTORY: Adopted by the Township Committee
of the Township of Cinnaminson 12-22-1964 by Ord. No. 1964-26 (Sec. 2.236 of the 1995 Code). Amendments noted where applicable.]
It is hereby determined and declared that the
abandonment or storage out of doors of any motor vehicle not currently
in use for transportation and not currently licensed or registered,
on any public streets or on any public or private lands within the
Township, is contrary and inimical to the public welfare in that such
articles so abandoned or stored attract or may attract persons of
tender years who, being so attracted, may play in and about them and
be injured in so doing and in that such vehicles so abandoned or stored
out of doors, exposed to the elements, deteriorate and in themselves
are unsightly and, deteriorating, become more unsightly and are detrimental
to and depreciate the value of properties in the neighborhood where
they are located and in the Township as a whole.
The following terms, phrases and words as used,
in and for the purpose of this chapter shall be deemed to have the
following meanings.
Includes any motor vehicle, omnibus, road tractor, trailer,
truck, truck-tractor and vehicle which:
[Amended 10-14-1986 by Ord. No. 1986-21]
Is parked on private or public property without
the current year's registration or identification markers as required
by law;
Has been continuously parked in any public street
or on any public land or on any private property for a period of 10
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 will 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);
or
Is found without one or more tires.
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.
Have the meaning stated 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, of or to the motor vehicle or
other vehicle, as herein defined. For the purposes of this chapter,
"person" shall also mean any individual, firm, partnership or corporation
being the owner and/or lessee of the land upon which the motor vehicle
or other vehicle is located.
[Amended 10-9-1984 by Ord. No. 1984-15]
The Police Department of the Township of Cinnaminson.
It shall be unlawful for any person to abandon
or suffer or permit the abandoning of any motor vehicle, omnibus,
road tractor, trailer, truck or truck tractor or other vehicle, as
defined therein, out of doors upon any public or private lands in
the Township of Cinnaminson or on any public street or between the
right-of-way side lines of any public right-of-way therein. Nothing
herein contained shall be deemed to prohibit the placing, keeping
or storage of any such vehicle in an enclosed garage, barn or other
building.
No person shall place, keep or store any junk
automobile or junk automobile body, as heretofore defined in this
chapter, on any public or private property within the Township of
Cinnaminson unless such person fully complies with the licensing and
regulatory provisions Chapter 321, Junkyards and Junk Dealers, and
with the requirements of N.J.S.A. 39:11-3.
If any motor vehicle, omnibus, road tractor,
trailer, truck, truck tractor or vehicle, as defined in this chapter,
shall be abandoned on private lands for 10 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.
[Amended 10-14-1986 by Ord. No. 1986-21]
Whenever any officer of the Cinnaminson Township Police Department finds any motor vehicle, junk automobile or junk automobile body which has been abandoned, kept or stored contrary to the provisions of this chapter, such member of the Cinnaminson Township Police Department shall remove, secure the removal of and/or impound said motor vehicle, junk automobile or junk automobile body in accordance with the procedures hereinafter set forth. The expenses of the impoundment shall be borne by and be the responsibility of the owner of the vehicle. In the event that the owner of the vehicle cannot be located in accordance with the procedures of § 503-11, the owner of the property shall be responsible for the expenses, provided that notice is forwarded in accordance with § 503-11.
[Added 10-14-1986 by Ord. No. 1986-21]
Whenever any motor vehicle, junk automobile or junk automobile body is found on any public street, highway or public property, an emergency condition is herewith declared to exist, and any officer of the Cinnaminson 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 without necessity of notice prior to said impoundment. After impoundment, the Cinnaminson Township Police Department shall use diligent efforts to identify and locate the owner of the impounded motor vehicle, junk automobile or junk automobile body and notify the owner in accordance with § 503-11. The expenses of the impoundment shall be borne by and be the responsibility of the owner of the vehicle. In the event that the owner of the vehicle cannot be located in accordance with the procedures of § 503-11, the owner of the property shall be responsible for the expenses, provided that notice is forwarded in accordance with § 503-11.
[Added 10-14-1986 by Ord. No. 1986-21]
Whenever any motor vehicle, junk automobile or junk automobile body is found on any private land in violation of this chapter, any officer of the Cinnaminson Township Police Department shall cause the owner of the motor vehicle, junk automobile or junk automobile body, if he can be found, or the owner or tenant of the private lands upon which the violation is occurring, to be given five days' written notice that said violation exists; said notice shall be given by certified mail, return receipt requested, set to the last known address of the owner of the motor vehicle, junk automobile or junk automobile body and/or the owner or tenant of the property. Said police officers shall place a warning sticker on the vehicle indicating a violation of this chapter and informing the owner that if the condition is not corrected, then the vehicle may be towed or a summons may be issued, or both. Said warning shall contain such other information as the Chief of Police deems necessary to conform to the requirements of this chapter. The expenses of the impoundment shall be borne by and be the responsibility of the owner of the vehicle. In the event that the owner of the vehicle cannot be located in accordance with the procedures of § 503-11, the owner of the property shall be responsible for the expenses, provided that notice is forwarded in accordance with § 503-11.
[Added 10-14-1986 by Ord. No. 1986-21]
Nothing heretofore mentioned shall be deemed
to prevent any of the following activities from being conducted on
private lands under the conditions or by the people referred to:
A.
Any person may maintain motor vehicles altered for
drag or stock car racing as long as said motor vehicles are maintained
on registered trailers.
B.
Owners of motor vehicles which would otherwise come under the provisions of this chapter who are in the military service stationed outside the State of New Jersey shall be exempt from the provisions of this chapter in accordance with the terms and conditions set forth in Subsection A above.
C.
Owners of antique motor vehicles which are classified
as such under state statutes are exempt from the provisions of this
chapter.
[Added 10-14-1986 by Ord. No. 1986-21]
Any person who possesses, owns or maintains a motor vehicle covered under any one of the exclusions referred to above shall obtain from the Chief of Police a letter on Police Department stationery which shall bear the signature and seal of the Chief of Police and which shall indicate that the motor vehicle in question comes under one of the exclusions referred to in § 503-9 above. Said exempt certificate shall be valid for one year from the date of issuance and may be renewed on an annual basis by obtaining a new letter from the Chief of Police. All owners of exempt certificates shall display the exempt letter on the windshield or other prominent place on the motor vehicle in question so that it is readily observable by the enforcement officials under the provisions of this chapter. No fees shall be charged for the issuance of said letter.
[Added 10-14-1986 by Ord. No. 1986-21]
A.
Notice of the impoundment of any motor vehicle, junk automobile or junk automobile body shall be given to the owner of said motor vehicle, junk automobile or junk automobile body or to the owner or tenant of lands upon which a violation is occurring pursuant to § 503-5 above, in writing, by certified mail, return receipt requested, at the last known address of the party to be served, and shall contain the following:
(1)
The time and place of impoundment.
(2)
Location of the motor vehicle, junk automobile or
junk automobile body.
(3)
The reason for impoundment.
(4)
The amount and nature of penalties and costs that
may be entered, including but not limited to the costs of towing and
storage of the motor vehicle.
(5)
A statement that a sale of the motor vehicle, junk
automobile or junk automobile body will occur after 90 days if the
motor vehicle, junk automobile or junk automobile body is not reclaimed.
(6)
A statement of the time and place of sale.
B.
The address of the owner as shown on the records of
the State Division of Motor Vehicles shall be deemed sufficient for
the purpose of this section.
[Amended 10-14-1986 by Ord. No. 1986-21; 7-19-2021 by Ord. No. 2021-9]
Whenever any vehicle impounded by the Police Department shall
remain unclaimed for a period of 90 days, the vehicle shall be sold
under the direction of the Chief of Police at public auction to the
highest bidder. Such auction held shall take place after notice of
such sale has been given by two publications over the course of two
weeks, at least once in each week, in a newspaper circulated in the
Township and upon the mailing of a copy of said notice to the owner
of the vehicle, by certified mail, return receipt requested, at least
seven days prior to the sale. The address of the owner as shown on
the records of the State Division of Motor Vehicles shall be deemed
sufficient for the purposes of this chapter.
Any person who violates any provision of this
chapter shall, upon conviction, be punished by a fine not exceeding
$200 or by imprisonment not exceeding 90 days, or both, at the discretion
of the Municipal Judge, and each day that such violation shall continue
shall be deemed a separate offense.
A continuance of a violation or a noncompliance
with the provisions of this chapter shall be deemed a nuisance, and
the Township Committee 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.[1]
[1]
Editor's Note: See Ch. 583, Nuisances, Public
Health.
