It is hereby determined and declared that the keeping, placing, abandonment
or storage out-of-doors of any motor vehicle not currently used for transportation
and not properly registered with a state or federal department of motor vehicles
for the current year on public or private lands within the borough is contrary
and inimical to the public welfare in that the exposure to view of such motor
vehicles is detrimental to the surrounding neighborhood and the community
at large and results in the depreciation of property values in general.
[Amended 5-12-1991 by Ord.
No. 1499-92]
As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONED MOTOR VEHICLE
Any vehicle propelled other than by muscular power, excepting such
vehicles as run only upon rails or tracks, found in any public street or out-of-doors
on any public or private lands, and which remains stationary and unused for
more than 14 consecutive days and is in such mechanical or physically damaged
or deteriorated condition that it could not be immediately operated in a safe
manner, or if operated upon a public roadway would be subject to a violation
of N.J.S.A. 39:3-44 (unsafe vehicle).
No person shall park, place, leave, keep, maintain or store or permit
the parking, placing, leaving, keeping, maintaining or storing of any abandoned
motor vehicle within the borough except where the same has been specifically
authorized by the zoning ordinance of the borough or by a variance granted
by the Board of Adjustment of the borough.
In any prosecution for a violation of §
230-3, the fact that an abandoned motor vehicle remained out-of-doors on private lands for a period in excess of 14 consecutive days shall give rise to a presumption that it has been parked, abandoned, placed, left, kept or maintained thereon with the consent, permission or by sufferance of the owner or tenant of said private lands.
[Amended 12-14-1982 by Ord.
No. 1277-82]
As to motor vehicles stored, parked, placed or kept within the confines of a garage, barn or other building, as to vehicles maintained, stored, parked, placed or kept in or by auto repair shops, new or used car dealers or junkyards lawfully operating within the borough, the time referred to in §
230-5B within which to effect removal of the abandoned motor vehicle shall be 90 days.
Each day that any person shall continue to maintain, store, keep or
park or place an abandoned motor vehicle on any public street or out-of-doors
on any public or private lands within the borough shall be deemed a separate
violation of this chapter.