[HISTORY: Adopted by the Borough Council of the Borough of Pemberton 4-21-1986
by Ord. No. 1-1986 (Ch. 77 of the 1975 code). Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 78.
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 or identification
markers as required by law;
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.
Any 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 § 77-2B hereof, and any and all other ordinances
of the Borough of Pemberton.
The Police Department of the Borough of Pemberton.
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 Borough of Pemberton 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 Borough of Pemberton.
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.
Storage permitted. 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 (or so located upon the premises as not to be readily visible from
any public place or from any surrounding private property).
A.
Impounding vehicles. Whenever any officers of the Borough
of Pemberton Police Department find 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 Borough of Pemberton 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 Borough of Pemberton 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 Borough of Pemberton 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 § 77-3A(3)(a) 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 Borough of Pemberton 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 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 exists, any member of the Borough of Pemberton 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:
[1]
one motor vehicle, within the definition set forth above,
which does not possess the current year's registration, may be maintained
on a single parcel of land having on it a single-family residential dwelling
as long as the motor vehicle is in a complete and operable condition.
[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 § 77-3A(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 § 77-2C
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 60 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 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 60 days, the motor vehicle, junk automobile
or junk automobile body shall be sold under the direction of the Clerk of
Pemberton Borough or his designate at public auction to the highest bidder.
Such auction held shall take place after notice of such sale has been given
at least seven days prior thereto by one publication in the newspaper circulated
in the borough 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 the violation is occurring, by registered
mail, at least seven 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 Borough of Pemberton as a cost of administration.
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 § 77-3B above, and in the event that the violator is a property owner as specified in § 77-2C above, said costs and such other fines and penalties as may be levied in accordance with this chapter shall become a lien upon his property in accordance with law and be collected in the manner ascribed and established for the collection of liens.
B.
Any person who violates any provisions of this chapter
shall, upon conviction, be punished by a fine not exceeding $500 or by imprisonment
not exceeding 90 days, or both, at the discretion of the Municipal Judge,
and each day the violation shall continue shall be deemed a separate offense.
C.
A continuance of a violation or a noncompliance with
the provisions of this chapter shall be deemed a nuisance, and the Borough
of Pemberton 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.