[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.]
The following terms, phrases and words used
in and for the purpose of this chapter shall be deemed to have the
following meanings:
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:
Is parked without the current year's registration,
identification or inspection markers as required by law; or
Has been continuously parked in any public street
or on any public land for a period of 10 days; 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 shall not obstruct
traffic; or
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
Is found without one or more tires.
Refers to the sequestration of the motor vehicle, abandoned
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.
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.
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.
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.
The Police Department of the Township 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 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.
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.
(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.
