Township of Eagleswood, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Eagleswood 3-30-1978 by Ord. No. 7-78 (Ch. 97 of the 1977 Township Code). Amendments noted where applicable.]

§ 268-1 Title.

This chapter shall be known and may be cited as the "Abandoned, Wrecked or Inoperative Motor Vehicle Ordinance."

§ 268-2 Definitions.

The following terms, phrases and words, used in and for the purpose of this chapter, shall be deemed to have the following meanings:
ABANDON
Any motor vehicle, omnibus, road tractor, trailer, truck, truck-trailer or other vehicle as contained and defined in N.J.S.A. 39:1-1 et seq., which:
A. 
Is parked without the current year's registration or identification markers as required by law;
B. 
Has been continuously parked in any public street or on any public land for a period of seven days;
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;
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 Zoning and Law Enforcement Office); or
E. 
Is found without one or more tires.
IMPOUND, IMPOUNDMENT
The sequestration of a motor vehicle, junk automobile or junk automobile body at a place of storage.
JUNK AUTOMOBILE or JUNK AUTOMOBILE BODY
Motor vehicle which has outlived its usefulness in original form and is not currently in the process of being converted, altered or restored. The process of being converted, altered or restored shall not exceed the period of 60 days. The Zoning and Law Enforcement Officer shall have authority to grant a maximum of three successive sixty-day extensions for good cause shown.
MOTOR VEHICLE
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, a motor vehicle or other vehicle as herein defined.
PLACE OF STORAGE
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 § 268-3B hereof, and any and all other ordinances of the Township.[1]
[1]
Editor's Note: The definition of "Police Department," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 268-3 Regulations.

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 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 Township.
C. 
Presumption. If any motor vehicle, junk automobile or junk automobile body shall be abandoned on private lands for seven 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 in a totally enclosed garage, barn or other building.

§ 268-4 Enforcement procedures.

A. 
Impounding vehicles. Whenever the Zoning and Law Enforcement Officer of the Township 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 enforcement officer 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 the enforcement officer 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 Enforcement Officer 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 Subsection A(3) below.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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, then the Township of Eagleswood Zoning and Law Enforcement Officer 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; this notice shall be sent by registered mail to the last known address of the owner of the motor vehicle, junk automobile or junk automobile body and/or to 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, the Township of Eagleswood Zoning and Law Enforcement Officer 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 the impoundment shall be given to the owner of the motor vehicle, junk automobile or junk automobile body or to the owner or tenant of the private land on which the violation is occurring, in the manner hereinafter established.
(a) 
Exclusion. 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.
(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 § 268-3C 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 chapter.
B. 
Sale of impounded vehicles. Whenever any motor vehicle, junk automobile or junk automobile body impounded by the Zoning and Law Enforcement Officer shall remain unclaimed by the owner or other person having a legal right thereto for a period of 30 days, the same may be sold at auction in a public place. The owner thereof or other person having a legal right thereto shall be given notice of such sale by certified mail, to the owner, if his name and address be known, and to the holder of any security interest filed with the Director of the Division of Motor Vehicles, and by publication in a form to be prescribed by the Director of Motor Vehicles by one insertion, at least five days before the date of the sale, in one or more newspapers circulated in the Township.

§ 268-5 Redemption of impounded property.

At any time prior to the sale, the owner or other person entitled thereto may reclaim possession of the motor vehicle, junk automobile or junk automobile body upon payment of the reasonable costs of removal and storage of the vehicle and any fine or penalty and court costs assessed against him for violation which gave rise to the seizure or taking possession of such vehicle.

§ 268-6 Sale as barring claims of interest; remission of proceeds of sale.

Upon the sale of a motor vehicle, junk automobile or junk automobile body pursuant to the provisions of this chapter, all claims of interest therein shall be forever barred, and the proceeds realized therefrom, after payment of the expenses of possession and sale, shall be remitted to the Treasury of the Township of Eagleswood as its sole property.

§ 268-7 Violation and penalties.

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 above, and in the event that the violator is a property owner as hereinabove defined, 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 shall be collected in the manner ascribed and established for the collection of liens.
B. 
Any person who violates any provision 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, for each offense.
C. 
Each and every day in which a violation of any of the provisions of this chapter exists shall constitute a separate violation.
D. 
A continuance of a violation or noncompliance with the provisions of this chapter shall be deemed a nuisance, and the Township 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.