[HISTORY: Adopted by the Township Committee of the Township of Pemberton 3-5-1975 as Section 14:4 of Ch. XIV of the General Ordinances. Sections 180-1 and 180-3A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 123.
Used car sales — See Ch. 176.
Vehicles and traffic — See Ch. 182.
The following terms, phrases and words used in and for the purpose of this chapter shall be deemed to have the following meanings:
ABANDON
Shall mean and include 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:
A. 
Is parked without the current year's registration, identification or inspection markers as required by law; or
B. 
Has been continuously parked in any public street or on any public land for a period of 10 days; or
C. 
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; or
D. 
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 Township Administrator or such other persons as may be designated by the Administrator)[1]; or
E. 
Is found without one or more tires.
IMPOUND, IMPOUNDMENT or PLACE OF IMPOUNDMENT
Refers to the sequestration of the motor vehicle, abandoned vehicle, junk automobile or junk automobile body at a place of storage.
JUNK AUTOMOBILE or JUNK AUTOMOBILE BODY
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.
MOTOR VEHICLES
Shall mean and be defined as any motor vehicle, omnibus, road tractor, trailer, truck, truck-tractor or other vehicle and shall have the meaning ascribed to the foregoing words as contained and defined in N.J.S.A. 39:1-1 et seq.
PERSON
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, or any tenant residing on the property in question.
PLACE OF STORAGE
Refers to 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 § 180-2B hereof and any and all other ordinances of the Township of Pemberton.
POLICE DEPARTMENT
The Police Department of the Township of Pemberton.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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 Pemberton or on any public street or between the right-of-way side 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, or abandon any motor vehicle, as heretofore defined in this chapter, on any public or private property within the Township 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. 
Exclusions.
[Amended 2-17-2000 by Ord. No. 3-2000]
(1) 
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.
(2) 
Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of exactly one motor vehicle, junk automobile or junk automobile body under a formfitting car cover manufactured and sold for the type of vehicle stored, provided that:
[Amended 8-5-2020 by Ord. No. 16-2020]
(a) 
The vehicle is stored in the driveway or backyard of the premises; and
(b) 
All motor fuels and lubricants are completely drained from the vehicle.
A. 
Impounding vehicles. Whenever any officer of the 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 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 Pemberton Township Code Enforcement Officer and such other persons as may be designated by the Administrator shall have the same enforcement authority as an officer of the Township Police Department with regard to any aspect of the enforcement of this chapter.
[Amended 4-16-1982 by Ord. No. 9-1982; 8-17-1984 by Ord. No. 14-1984]
B. 
Public property regulations. Whenever any motor vehicle, junk automobile or junk automobile body is found abandoned on any public street, highway or public property, an emergency condition is herewith declared to exist and any officer of the 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 Township Police Department shall use deligent 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 D(1)(c) below.
C. 
Private lands regulations.
(1) 
Whenever any motor vehicle, junk automobile or junk automobile body is found abandoned 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 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 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.
(2) 
In the event that, at the expiration of five days, the violation of the provisions of this chapter still exists, any member of the 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.
(3) 
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:
(a) 
One motor vehicle meeting the definition set forth above which does not possess the current year's registration may be maintained on a single parcel of land having a single-family residential dwelling on it as long as the motor vehicle is in a complete and operable condition.
(b) 
Any person may maintain one motor vehicle altered for drag or stock car racing as long as said motor vehicle is maintained on a registered trailer.
(c) 
Owners and operators of new or used car sales businesses must comply with all provisions of this chapter except for the requirement of registration and inspection in Subsection A of the definition of "abandon" in § 180-1.
(4) 
Exempt certificates. Any person who possesses, owns or maintains a motor vehicle covered under any one of the exclusions referred to above in Subsection C(3) 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 C(3) above. Said exempt certificate shall be valid for one year from the date of issuance. All owners of exempt certificates shall display the exempt certificates on the windshield or other prominent place on the motor vehicle in question so that it is readily observable by the enforcement officials under this chapter. No fees shall be charged for the issuance of an exempt certificate.
D. 
Notice of impoundment; sale.
(1) 
Notice to owner. 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 § 180-2C above in writing, by registered mail, at the last known address of the party to be served. 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. The notice shall contain the following:
(a) 
The time and place of impoundment.
(b) 
Location of the motor vehicle, junk automobile or junk automobile body.
(c) 
The reason for impoundment.
(d) 
The amount and nature of penalties and costs that may be entered against him.
(e) 
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.
(f) 
A statement of the time and place of sale.
(2) 
Sale of impounded vehicles. Whenever any motor vehicle, junk automobile or junk automobile body impounded 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 Prosecutor of Pemberton Township 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 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 a 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 Township of Pemberton as a cost of administration.
A. 
In general. Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine not exceeding $1,000 or by imprisonment not exceeding 90 days, or both, at the discretion of the Municipal Judge, and each day that said violation shall continue shall be deemed a separate offense.
[Amended 11-2-1984 by Ord. No. 26-1984]
B. 
Additional costs. 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 § 180-3D(2) above, and in the event that the violator is a property owner, as specified in § 180-2C 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.
C. 
Continuance or noncompliance. 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.