The accumulation and storage of abandoned, wrecked,
dismantled or inoperative vehicles or parts thereof on private or
public property, not including highways, is hereby found to create
a condition tending to reduce the value of private property, to promote
blight and deterioration, to invite plundering, to create fire hazards,
to constitute an attractive nuisance creating a hazard to the health
and safety of minors, to create a harborage for rodents and insects
and to be injurious to the health, safety and general welfare. Therefore,
the presence of an abandoned, wrecked, dismantled or inoperative vehicle,
or part thereof, on private or public property, not including highways,
except as expressly hereinafter permitted, is hereby declared to constitute
a public nuisance which may be abated as such in accordance with the
provisions of this chapter.
For the purposes of this chapter, the terms
used herein are defined as follows:
HIGHWAY
A way or place of whatever nature, publicly maintained and
open to the use of the public, for purposes of vehicular travel. "Highway"
includes street.
VEHICLE
A device by which any person or property may be propelled,
moved or drawn upon a highway, except a device moved by human power
or used exclusively upon stationary rails or tracks.
This chapter shall not apply to:
A. A vehicle or part thereof which is completely enclosed
within a building in a lawful manner where it is not visible from
the street or other public or private property; or
B. A vehicle or part thereof which is stored or parked
in a lawful manner on private property in connection with the business
of a licensed dismantler, licensed vehicle dealer, or when such storage
or parking is necessary to the operation of a lawfully conducted business
or commercial enterprise. Nothing in this section shall authorize
the maintenance of a public or private nuisance as defined under provisions
of New Jersey statutes governing motor vehicles and this chapter.
This chapter is not the exclusive regulation
of abandoned, wrecked, dismantled or inoperative vehicles within the
Borough of Wanaque. It shall supplement and be in addition to the
other regulatory codes, statutes and ordinances heretofore or hereafter
enacted by the Borough of Wanaque, the state or any other legal entity
or agency having jurisdiction.
Except as otherwise provided herein, the provisions
of this chapter shall be administered and enforced by the Chief of
Police. In the enforcement of this chapter, such officer and his deputies
may enter upon private or public property to examine a vehicle or
parts thereof or to obtain information as to the identity of a vehicle
(and to remove or cause the removal of a vehicle or part thereof)
declared to be a nuisance pursuant to this chapter.
When the Mayor and Council has contracted with
or granted a franchise to any person or persons, such person or persons
shall be authorized to enter upon private property or public property
to remove or cause the removal of a vehicle or parts thereof declared
to be a nuisance pursuant to this chapter.
The Mayor and Council shall from time to time
determine and fix an amount to be assessed as administrative costs
(excluding the actual cost of removal of any vehicle or part thereof)
under this chapter.
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be fined in an amount
not exceeding $500. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.