[HISTORY: Adopted by the Township Committee
of the Township of Delanco 10-12-1971 by Ord. No. 19-1971 as Ch. 97
of the 1971 Code. Amendments noted where applicable.]
The following terms, phrases and words used
in and for the purpose of this chapter shall be deemed to have the
following meanings:
Any motor vehicle, omnibus, road tractor, trailer, truck,
truck-trailer or other vehicle contained and defined in N.J.S.A. 39:1-1
et seq., which:
Is parked without the current year's registration
identification markers, current insurance, and displaying a current
inspection sticker as required by law;
[Amended 12-4-2006 by Ord. No. 2006-16]
Has been continuously parked in any public street
or on any public land 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 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);
or
Is found without one or more tires.
The sequestration of the motor vehicle, junk automobile or
junk automobile body 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,
truck-tractor or other vehicle and shall have the meaning as ascribed
to the foregoing words as contained and defined in N.J.S.A. 39:1-1
et seq. of the Revised Statutes of the State of New Jersey.
An individual, firm, partnership or corporation being the
owner of, or having any legal right in or to, the motor vehicle or
other 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, specifically § 287-2B hereof, and any and all other ordinances of the Township of Delanco.
The Police Department of the Township of Delanco.
A.
Abandonment prohibited. It shall be unlawful for any
person to abandon or suffer or permit the abandoning of any motor
vehicle, junk automobile or junk automobile body out-of-doors upon
any public or private lands in the Township of Delanco, or on any
public street or between the right-of-way lines of any public right-of-way
therein.
B.
Storage prohibition. 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 Delanco.
C.
Presumption. If any motor vehicle, junk automobile
or junk automobile body 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.
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 in a totally enclosed garage,
barn or other building.
A.
Impounding vehicles. Whenever any officer of the Delanco
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 Delanco 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:
(1)
Public property regulations. 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 Delanco 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 the necessity of notice prior to said impoundment; after impoundment, the Delanco 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 Subsection A(3) below.
(2)
Private lands regulations. Whenever any motor vehicle,
junk automobile or junk automobile body is found on any 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 Delanco Township Police Department shall cause the owner of the
motor vehicle, junk automobile or junk automobile body, if he or she
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 registered
mail, sent 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. In the event that, at the expiration of five days,
the violation of the provisions of this chapter still exist, any member
of the Delanco Township Police Department is authorized to proceed
in accordance with law to impound the motor vehicle, junk automobile
or junk automobile body and to remove said motor vehicle, junk automobile
or junk automobile body to a place of storage. Notice of said impoundment
shall be given to the owner of the motor vehicle, junk automobile
or junk automobile body or the owner or tenant of the private land
on which the violation is occurring, in the manner hereinafter established.
(a)
Exclusions. 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:
[2]
Any person may maintain motor vehicles altered
for drag or stock car racing as long as said motor vehicles are maintained
on registered trailers.
[3]
Owners of motor vehicles being held for sale
or resale in a commercial zone are exempt from the provisions of this
chapter.
[4]
Owners of a motor vehicle 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(2)(a)[1] above.
[5]
Owners of antique motor vehicles which are classified
as such under state statutes are exempt from the provisions of this
chapter.
(b)
Exempt certificates. 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 an exempt certificate which shall indicate that the motor vehicle in question comes under one of the exclusions referred to in Subsection A(2)(a) above. Said exempt certificate shall be valid for one year from the date of issuance. All owners of exempt certificates shall display the exempt certificate on the windshield or other prominent place on the motor vehicle in question so that it is readily observable by the enforcement officers under this chapter. No fees shall be charged for the issuance of an exempt certificate.
(3)
Notice of impoundment.
(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 § 287-2C above, in writing, by registered mail, at the last known address of the party to be served, and shall contain the following:
[1]
The time and place of impoundment.
[2]
The 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 against him.
[5]
A statement that a sale of the motor vehicle,
junk automobile or junk automobile body will occur after 20 days if
the motor vehicle, junk automobile or junk automobile body is not
reclaimed.
[Amended 1-19-1998 by Ord. No. 1-1998]
[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 chapter.
B.
Sale of impounded vehicles. Whenever any motor vehicle,
junk automobile or junk automobile body impounded by the Police Department
shall remain unclaimed for a period of 20 days, the motor vehicle,
junk automobile or junk automobile body shall be sold under the direction
of the Prosecutor of Delanco Township or his or her designate at public
auction to the highest bidder. Such auction held shall take place
after notice of such sale has been given at least five days prior
thereto by one publication in the newspaper circulated in the township
and upon the mailing of a copy of said notice to the owner of the
motor vehicle, junk automobile or junk automobile body and/or to the
owner or tenant of the lands upon which violation is occurring, by
registered mail, at least five days prior to the sale. All revenues
collected from the sale of the motor vehicle, junk automobile or junk
automobile body shall be retained by the Township of Delanco as a
cost of administration.
[Amended 1-19-1998 by Ord. No. 1-1998]
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 mentioned in § 287-3B above, and in the event that the violator is a property owner as specified in § 287-2C above, said costs and such other fines and penalties as may be levied in accordance with this chapter shall become a lien upon his or her property in accordance with law and be collected in the manner ascribed and established for the collection of liens.
C.
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.
