[HISTORY: Adopted by the Township Council of the Township of Washington 6-8-1970 by Ord. No. 70-14 (Ch. 220 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 212.
Parking regulations — See Ch. 330.
Vehicles and traffic — See Ch. 223.
Towing and storage of vehicles — See Ch. 461.
[Amended 2-17-1987 by Ord. No. 87-1]
It is hereby determined and declared that the placing, abandoning, leaving, keeping or storing out of doors or in the open of any vehicle or motor vehicle that is abandoned or junked on public or private lands in the Township of Washington is contrary and inimical to the public welfare in that such articles so placed, abandoned, left, kept, stored or junked 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 articles so placed, abandoned, left, kept, stored or junked out of doors and in the open, exposed to the elements, deteriorate and in themselves are unsightly, and, in deteriorating, become more unsightly and detrimental to, and deteriorate the value of properties in, the neighborhood where they are located and in the Township of Washington as a whole. Further, the sale and repair of vehicles and motor vehicles in the Township of Washington requires regulation in order to advance the general welfare of the residents of the Township of Washington and to prevent the deterioration in the value of properties and neighborhoods in the Township of Washington.
It shall be unlawful for any person, firm, partnership or corporation to cause, allow or permit vehicles or motor vehicles to be abandoned or junked on any street or highway in the Township of Washington or on any private lots, yards or anywhere in the open on private premises owned by said person, firm, partnership or corporation.
As used in this chapter, the following terms shall have the meanings indicated:
IN THE OPEN
Not housed in a structure composed of four walls, roof and doors and completely shielded from view.
MOTOR VEHICLE
Includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks.
PRIVATE LOTS OR YARDS
Includes any land which is privately owned within the Township of Washington.
PRIVATE PREMISES
Any land which is privately owned within the Township of Washington which contains a dwelling, building, commercial establishment or any other structure thereon.
VEHICLE
Includes every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
[Amended 2-17-1987 by Ord. No. 87-1]
For the purpose of this chapter, a vehicle or motor vehicle shall be considered abandoned or junked if it is in such defective condition as to be unable to be transported upon a highway or is unable to be moved under its own power, or if it does not show proper license plates and/or inspection certificate or is not being stored for purposes of repair by a garage, gasoline station or repair shop. Storage in the open for purposes of repair under this section shall not exceed a period of two days; provided, however, that storage in the open for purposes of repair by a garage, gasoline station or repair shop shall not exceed a period of 15 days.
[Amended 2-17-1987 by Ord. No. 87-1]
When a violation is ascertained on private lots, yards or premises, the owner or tenant of said property and the owner of said vehicle, if ascertainable, shall be given two days' written notice by the Office of Police to remove said vehicle from the property. Such notice shall be by registered mail, addressed to said owner or tenant, if any, at his last known address, and shall state the acts to be performed by such owner or tenant as well as the penalty for failure to comply with such notice. If said vehicle is not removed within two days after service of said notice of removal, the Township of Washington is hereby authorized to go upon the said property and remove said abandoned or junked vehicle and charge the owner with the reasonable costs of said removal. Said costs shall be added to the taxes next to be assessed and levied upon such lands or premises, the same to bear interest at the same rate as taxes and to be collected and enforced by the same officers and in the same manner as taxes.
When the Township of Washington shall have taken possession of a motor vehicle found abandoned, such taking of possession shall be reported to the Director of the Division of Motor Vehicles, on a form prescribed by him, for verification of ownership. When such motor vehicle shall have remained 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 by the Office of Police. The Office of Police shall give notice of such sale, by registered or certified mail, to the owner of the vehicle if his name and address be known and to the holder of any security interest filed with the Director, and by publication in a form prescribed by the Director of the Division of Motor Vehicles at least five days before the date of sale in one or more newspapers published in the state and circulating in the Township of Washington.
The owner or other person entitled thereto may reclaim possession of the motor vehicle upon payment of the reasonable costs of removal and storage of the vehicle and any fine or penalty or court costs assessed against him under this chapter for violation thereof which gave rise to the seizure or taking of possession of such vehicle.
If the Office of Police taking possession of a motor vehicle pursuant to this chapter shall ascertain that such motor vehicle is incapable of being operated safely or of being put in safe operational condition except at a cost in excess of the value thereof, it shall so certify to the Director of the Division of Motor Vehicles on an application prescribed by him for the purposes of obtaining a junk title certificate thereto with proper assignment thereon.
Upon the sale of any motor vehicle under this chapter by the Office of Police for which no junk title certificate shall have been issued or obtained from the Division of Motor Vehicles, the Township of Washington shall execute and deliver to the purchaser an application for a certificate of ownership prescribed by the Director of Motor Vehicles in the same form and manner as provided in N.J.S.A. 39:10-15, which shall also contain the name and address, if known, of the former owner.
All proceeds of sale realized hereunder after payment of expenses of possession and sale shall be paid into the general treasury of the Township of Washington.
[Added 2-17-1987 by Ord. No. 87-1]
No vehicle or motor vehicle shall be displayed for sale, lease, junk or other disposition except by a resident of the premises at which such display is conducted, with its registered license plates affixed thereon, and provided further that no vehicle or motor vehicle shall be so displayed unless the same is owned, individually or through an entity not engaged in the business of selling or leasing vehicles, by an individual residing at said premises. Not more than one such vehicle shall be so displayed at any given time, nor shall any such vehicle be owned by said resident for a period of less than two successive months prior to such display for sale.
[Added 2-17-1987 by Ord. No. 87-1]
No vehicle or motor vehicle shall be repaired at premises located in the Township of Washington except by a resident of such premises, with its registered license plates affixed thereon, and provided that said vehicle or motor vehicle is owned by said resident, individually or through an entity not engaged in the business of repairing vehicles. Not more than one such vehicle shall be repaired at any given time.
[Added 2-17-1987 by Ord. No. 87-1]
The Police Department shall be authorized to enforce the provisions of this chapter.
[Amended 6-3-1985 by Ord. No. 85-5]
Any person, firm, partnership or corporation who shall violate this chapter shall be punishable as provided in § 1-1 of Chapter 1, General Provisions. Each and every day a violation continues shall be deemed to constitute a separate offense.
[Added 12-3-1990 by Ord. No. 90-13; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
In the event that a vehicle is impounded by the Police Department, physically taking possession of the vehicle within the Township of Washington and having the same towed and stored in the Township, a person lawfully entitled to reclaim the impounded vehicle shall be responsible to pay all costs of towing and storage, and, in addition thereto, such person shall pay to the Township of Washington a fee as set forth in Chapter 212, Fees, per diem for each day the vehicle is stored within the Township.