[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-17-1987 by Ord. No. 10:13-87]
It is hereby determined and declared that the placing, abandoning,
leaving, parking, storing or maintaining of any unregistered, unlicensed,
disabled, dismantled or inoperable motor vehicles, machinery or mechanical
equipment out of doors on private lands in the Borough of Bellmawr
is contrary, inimical and detrimental to the public welfare in that
such articles so placed, abandoned, left, parked, stored or maintained
attract or may attract persons of tender years who, being so attracted,
may play in and about the same and may be injured and in that such
articles so placed, abandoned, parked, stored or maintained out of
doors and exposed to the elements deteriorate and in themselves are
unsightly and, deteriorating, become more unsightly and tend to attract
vermin and rodents and by reason thereof depreciate the value of properties
in the neighborhood where they are located and in the Borough as a
whole, thereby creating health, fire and sanitary hazards, all of
which are contrary and inimical to the public welfare.
No person or corporation shall place, abandon, leave, keep,
park or maintain or permit or suffer the placing, abandoning, leaving,
keeping, parking or maintaining of any article described hereinabove
out of doors upon any private land in the Borough of Bellmawr for
more than 10 days, unless the same is garaged or stored in an enclosed
building.
If any vehicle, machinery or mechanical equipment or other article
described herein shall be placed, abandoned, left, kept, parked or
maintained on private lands for 10 days or more, it shall be presumed
that the owner or tenant in possession of said lands, or both, left,
placed, kept, stored, parked or maintained the same there or permitted
or suffered it to be so left, placed, kept, stored, parked or maintained
upon such premises.
The Construction Official may cause a notice to be served upon
the owner or tenant in possession of said lands on which the violation
exists to abate the violation by removing the vehicle, machinery or
mechanical equipment or other articles constituting a violation of
this article from the premises or by storing the same within an enclosed
building within 10 days after service of such notice, which notice
may be served upon such owner or tenant, if he resides in the Borough,
personally or by leaving it at his usual place of abode with some
member of his household over the age of 14 years. If any such owner
or tenant shall reside outside of the Borough, such notice shall be
served upon him by certified mail addressed to him at his usual residence
according to the tax records of the Borough of Bellmawr. Said owner
or tenant, or other persons, shall so abate the violation within the
time fixed by the notice.
A.
Each day that any such person or corporation shall continue to keep,
maintain, park, store, place or abandon such vehicle, machinery or
mechanical equipment, or other articles prohibited in this article,
upon such premises after the time contained in the aforesaid notice
shall expire shall be deemed to be a separate offense in violation
of this article.
B.
Any person who shall violate any provisions of this article shall,
upon conviction thereof, be liable to a fine not exceeding $2,000
or imprisonment in the county jail for a term not exceeding 90 days
or a period of community service not exceeding 90 days, or any combination
thereof, in the discretion of the Municipal Court Judge.[1]
The provisions of this article shall not apply to any lawfully
existing licensed junkyard which otherwise complies with all federal,
state and municipal regulations, nor shall they apply to the temporary
storage of vehicles awaiting repairs at service stations as permitted
under the provisions of the Zoning Ordinance.[1]
[Adopted 10-4-1993 by Ord. No. 8:10-93]
It is hereby determined and declared that the abandonment or
storage outdoors of any motor vehicle not currently in use for transportation
and not currently licensed or registered on any public lands or streets
within the Borough of Bellmawr is contrary and inimical to the public
welfare in that such vehicles so abandoned or stored attract or may
attract persons of tender years who, being so attracted, may play
in and about them and be injured in so doing and in that such vehicles
so abandoned or stored outdoors, exposed to the elements, deteriorate
and in themselves are unsightly and, deteriorating, become more unsightly
and are detrimental to and depreciate the value of properties in the
neighborhood where they are located and the Borough as a whole.
The following terms, phrases and words, as used in and for the
purpose of this article, shall be deemed to have the following meanings:
Includes any motor vehicle, omnibus, road tractor, trailer,
truck, trailer and vehicle which:
Has been continuously parked on any public street for a period
of seven days.
Is so disabled on a public street 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 will not obstruct
traffic.
Is found mechanically inoperative on public property or on a
public street and is allowed to remain inoperative for a period of
seven days. Said period may be extended by the Police Department for
good cause.
Is parked on public property or public streets without the current
year's registration or license plates for any period.
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.
The meanings stated and defined in N.J.S.A. 39:1-1 et seq.
Any individual, firm, partnership or corporation being the
owner or having a leasehold or other legal right in, of or to the
motor vehicle or other vehicle as herein defined.
The Police Department of the Borough of Bellmawr.
It shall be unlawful for any person to abandon or suffer or
permit the abandoning of any motor vehicle, omnibus, road tractor,
trailer, truck or truck tractor or other vehicle as defined herein
on any public property or public street or between the right-of-way
side lines of any public right-of-way therein. Nothing herein contained
shall be deemed to prohibit the placing, keeping or storage of any
such vehicle in an enclosed garage, barn or other building.
Whenever any officer of the Bellmawr 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
article, such officer of the Bellmawr 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 herein set
forth. The expenses of the impoundment shall be borne by and be the
responsibility of the owner or lessee of the vehicle.
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 Bellmawr Police Department is hereby authorized to place an
abandoned vehicle warning sticker on the vehicle indicating a violation
of the law and informing the owner or person having control of the
vehicle that if the condition is not corrected, then the vehicle may
be towed within 48 hours of the sticker being placed on the vehicle
and a summons may be issued, or both. Said warning shall contain such
other information as the Chief of Police deems necessary to conform
to the requirements of this article. The Bellmawr 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 Police Department procedures.
The expenses of impoundment shall be borne by and be the responsibility
of the owner or lessee of the vehicle.
Any motor vehicle, omnibus, road tractor, trailer, truck or
truck tractor which has been lawfully impounded by the Bellmawr Police
Department and remains unclaimed by the owner of the motor vehicle,
omnibus, road tractor, trailer, truck or truck tractor for a period
of 15 business days shall be presumed abandoned, and a summons may
be issued. The Bellmawr Police Department may dispose of any impounded
motor vehicle, omnibus, road tractor, trailer, truck or truck tractor
which remains unclaimed by its owner in accordance N.J.S.A. 39:10A-1
et seq.
Any person who violates any provision of this article shall,
upon conviction, be punished by a fine not exceeding $2,000 or imprisonment
in the county jail for a term not exceeding 90 days or a period of
community service not exceeding 90 days, or any combination thereof,
at the discretion of the Municipal Court Judge.
