[HISTORY: Adopted by the Township Committee (now Township
Council) of the Township of Eastampton 12-26-1972 by Ord. No. 8-1972 (Ch. 95 of the 1974 Township Code). 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:
Any motor vehicle, omnibus, road tractor, trailer, truck,
truck-trailer or other vehicle 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.)
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 or having any legal right in or to the motor vehicle or other
vehicles 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 § 505-2B hereof, and any and all other ordinances of the Township of Eastampton.
The Police Department of the Township of Eastampton.
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 Eastampton or on any public street or between the
right-of-way sidelines 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 Township of
Eastampton.
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.
Exclusion. Nothing herein contained shall be deemed to prohibit the
placing, keeping or storage of any motor vehicle, junk automobile
or junk automobile body in an enclosed garage.
Whenever any officer of the Eastampton 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 Eastampton 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.
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 Eastampton 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 Eastampton Township 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 § 505-8A.
Whenever any motor vehicle, junk automobile or junk automobile
body is found on any private land in violation of this chapter, any
officer of the Eastampton 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.
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, 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.
B.
Any person may maintain motor vehicles altered for drag or stock
car racing as long as said motor vehicles are maintained on registered
trailers.
C.
Owners of motor vehicles being held for sale or resale in a commercial
zone are exempt from the provisions of this chapter.
D.
Owners of motor vehicles 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 above.
E.
Owners of antique motor vehicles which are classified as such under
state statutes are exempt from the provisions of this chapter.
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 § 505-6 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 officials under the provisions of this chapter. No fees shall be charged for the issuance of an exempt certificate.
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 § 505-2C 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)
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
section.
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 Prosecutor of Eastampton
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 Eastampton 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 § 505-9 above, and in the event that the violator is a property owner as specified in § 505-2C 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.
A continuance of a violation or a noncompliance with the provisions
of this chapter shall be deemed a nuisance, and the Township Council
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.
