[HISTORY: Adopted by the Township Council of the Township of Delran
by Ord. No. 1997-12 (Sec. 4-2 of the 1993 Revised General
Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle which:
Is continuously parked in any public street, on any public land, or
on any private land without consent for a period of 10 days without the current
year's registration, inspection sticker or identification stickers as required
by law; and/or
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; and/or
Is found to be without one or more tires or mechanically inoperative
and is allowed to remain inoperative for a period of seven days and such time
has not been extended by the appropriate official.
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" and "vehicle" which terms are intended to have the meanings
stated and defined in N.J.S.A. 39:1-1 et seq.
A way or place, of whatsoever nature, open to the use of the public
as a matter of right for purposes of vehicular travel or, in the case of a
sidewalk, for pedestrian travel. The term "street" shall include the legal
right-of-way, including, but not limited to, the cartway or traffic lanes,
curb, the sidewalks, whether paved or unpaved, and any grass lots or other
grounds found within the legal right-of-way of a street. The term "street"
shall apply irrespective of what it is called or formally named, whether alley,
avenue, court, road or otherwise. The term "street" shall also include, for
the purposes of this chapter, shopping centers, parking lots, parks, playgrounds,
public buildings and similar areas open to the use of the public.
It is hereby determined and declared that the placing, abandonment,
leaving, keeping or storing out-of-doors of any motor vehicle, trailer or
semitrailer not currently in use for transportation and not licensed for the
current year, or missing tires, wheels, engine or any essential parts, or
which displays extensive body damage or deterioration, or is disassembled,
in whole or in part, or any other unusable machinery or equipment or parts
of machines or parts of automobiles on public or private lands in the Township
is contrary and inimical to the public welfare in that such articles so placed,
abandoned, left, kept 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 further in that such articles so placed, abandoned, left, kept
or stored out-of-doors and exposed to the elements, deteriorate and in themselves
are unsightly and in deteriorating condition become more unsightly and are
detrimental to and depreciate the value of the property in the neighborhood
where they are located and in the Township as a whole.
A.
Storage or abandonment prohibited. It shall be unlawful for any person to store, abandon or suffer or permit the storage or abandoning of any motor vehicle, omnibus, road tractor, truck or truck-tractor or other vehicle, as defined in § 334-1, out-of-doors upon any public or private lands in the Township, or on any public street or between the right-of-way sidelines 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.
B.
Presumption of abandonment; exemption certificate.
(1)
If any motor vehicle, omnibus, road tractor, trailer,
truck, truck-tractor or vehicle shall be abandoned on private lands for 10
days or more, it shall be presumed that the owner or tenant in possession
of such lands has abandoned it there or permitted or suffered it to be abandoned
there.
(2)
The presumption of abandonment, as set forth above, may
be rebutted by the owner by applying to the Chief of Police or Code Enforcement
Officer for an exemption certificate, which may be issued by the Chief of
Police or Code Enforcement Officer at no charge to the applicant and be good
for a period up to six months.
(3)
The Chief of Police or Code Enforcement Officer, in determining
whether or not to issue an exempt certificate, shall consider the reasons
advanced by the owner as to why the presumption of abandonment would not apply
to this particular motor vehicle. The Chief of Police or Code Enforcement
Officer shall consider such reasons as, but not limited to, unique vehicles
that are in the process of restoration, be they antique or otherwise; vehicles
being retained unlicensed by virtue of being held for a member of the family
who is temporarily absent; and such other valid reasons, as determined in
the discretion of the Chief of Police or Code Enforcement Officer.
(4)
The application and exemption certificate shall be on
such forms as may be hereinafter developed by the Chief of Police or Code
Enforcement Officer. Each exemption certificate shall have endorsed thereon
its duration, not to exceed six months, and a synopsis of the reasons why
such vehicle is not considered abandoned.
(5)
The Chief of Police or Code Enforcement Officer is authorized
to grant additional extensions of six months in situations where such extensions
are warranted.
(6)
In issuing of exemption certificate, the Chief of Police
or Code Enforcement Officer shall ensure that the area around the stored vehicle
is being properly maintained and that the stored vehicle is secured from movement
by such chocking devices or other methods of securing as are deemed appropriate
by him or her.
(7)
The exemption certificate shall be prominently displayed
on the inside of the windshield of the vehicle.
C.
Denial of exemption certificate. In the event that the
exemption certificate shall be denied by the Chief of Police or Code Enforcement
Officer, the applicant may appeal such denial to the Director of Public Safety
within 10 days of receipt of the written notice of denial. The Director of
Public Safety shall consider the application de novo and shall advise the
applicant of his or her determination within 15 days of the date of the receipt
of the appeal.
D.
Storage. No person shall keep or store any junk automobiles
or junk automobile body within the Township.
Upon the complaint of any resident or property owner of the Township
or any employee of the Township, or upon his or her own motion, the Chief
of Police or Code Enforcement Officer, or his or her designated agent, shall
make an investigation of the condition complained of.
If the land about which the complaint was made is found to be in such
condition that a violation of one or more of the provisions of this chapter
exists thereon, the Chief of Police or Code Enforcement Officer shall notify
the owner, possessor or occupant of the land complained of, which notice shall
be served upon the owner or possessor personally if he or she resides in the
Township or by certified mail. If the owner or possessor resides outside the
Township, the notice shall be served upon him or her by registered or certified
mail addressed to his or her usual residence, if ascertainable; otherwise
by notice published in the newspaper in which legal notices of the Township
are published. The owner or tenant shall abate the violation within 10 days
after receipt of the notice.
The Chief of Police or Code Enforcement Officer shall reinspect the
lands after the ten-day period has expired and report, in writing, to the
Township Council whether or not the condition complained of and previously
found to exist in violation of this chapter has been abated or remedied.
In the event that the owner, possessor or occupant of the land refuses
or neglects to abate or remedy the condition complained of after 10 days'
notice, the Chief of Police or Code Enforcement Officer shall cause the condition
complained of to be abated and remedied.
Upon the removal of any motor vehicle by or under the direction of an
officer of the Township, in cases where the owner has refused or neglected
to remove it in the manner and within the time provided above, the officer
shall certify the cost thereof to the Township Council. Upon receipt of same, Council
shall cause the cost as shown thereon to be charged against the lands. The
amount so charged shall become a lien upon the land and shall be added to
and become and form part of the taxes next to be assessed and levied upon
the land, and bear interest at the same rate as taxes, and shall be collected
and enforced by the same officers and in the same manner as taxes.
If the owner or tenant to which notice is sent neglects or refuses to comply with the notice within 10 days of its receipt, the Township will cause a complaint to be brought against him or her in Municipal Court, and upon conviction, such penalties as set forth in § 1-5, Violations and penalties, of this Code may be imposed.
