[HISTORY: Adopted by the Common Council of the City of Linwood 9-25-2019 by Ord. No. 17-2019. Amendments noted where applicable.]
A.
There exists in the City a problem of persons selling vehicles on
private and public property in a manner inconsistent with the City
Code.
B.
Vehicles displayed for sale on private or public property are often
placed there without express permission from the property owner and
without the knowledge of the property owner, making enforcement of
trespass laws difficult.
C.
The sale of used vehicles from private and public property, except
where authorized by the City's zoning regulations, constitutes
an impairment of the City's visual environment thereby reducing
property values and reducing the quality of life of the City's
citizens.
D.
This chapter is necessary and proper for the good government, order
and protection of persons and property, and for the preservation of
the public health, safety and welfare of the City and its citizens,
in particular the protection of the visual environment, property values,
and the property rights of the City and its citizens.
The following terms, phrases, and words used in and for the
purpose of this chapter shall be deemed to have the following meanings:
Property owned by any individuals or entities other than
the City, the County of Atlantic, the State of New Jersey, or the
United States of America.
Any single tax lot or, in the case of common ownership of
more than one connected tax lot whether or not immediately adjoining,
multiple tax lots. In reference to public property, "property" shall
also mean any roadway.
Property owned by the City, the County of Atlantic, or the
State of New Jersey.
Any vehicle that is owned by individuals or entities other
than the manufacturer, wholesaler, or licensed and authorized dealer
of the vehicle.
Any property that has no structure upon it as the term "structure" is defined in § 277-3 of the City Code.
Any automobile, motorcycle, truck, recreational vehicle,
trailer, tractor, boat, watercraft, or other means of transportation,
whether or not motorized, which is of a type required to be registered
with the State of New Jersey.
A.
Used vehicles on nonvacant property.
(1)
A used vehicle shall be presumed to be displayed for sale if:
(a)
It is parked or stationed on the same nonvacant property for
a continuous period longer than 24 hours; and
(b)
The vehicle has in it or on it a "for sale" or similar sign
or writing or is listed for sale on any website, web service, application,
social media, or bulletin board or in any circular, magazine, periodical,
or similar publication.
B.
A used vehicle shall be presumed to be displayed for sale if:
(1)
It is parked or stationed on a vacant property without its owner
or operator being present; and
(2)
The vehicle has in it or on it a "for sale" or similar sign or writing
or is listed for sale on any website, web service, application, social
media, or bulletin board or in any circular, magazine, periodical,
or similar publication.
A.
It shall be a violation of this section to display for sale a used
vehicle on any private property within the City, except in a driveway
or designated parking area and except that a licensed auto repair
business shall be permitted to sell used vehicles on private property
the principal use of which is the sale of vehicles.
B.
It shall be a violation of this section to display for sale a used
vehicle on any public property within the City.
C.
Both the owner of the used vehicle displayed for sale and the individuals
or entities displaying the vehicle for sale shall be in violation
of this section.
A.
Upon a determination by any enforcing official that a used vehicle
may be displayed for sale on private property, the enforcing official
shall notify the property owner of record by certified mail, return
receipt requested, at the address of the property and the address
provided for the billing of taxes in the office of the City's
Tax Collector.
A.
It shall not be a violation of this chapter to display for sale one
used vehicle on a single-family residential property where the vehicle
is owned by a full-time resident of the property.
B.
In the case of a multifamily residential property, it shall not be
a violation of this chapter for any dwelling unit owner or tenant
to display for sale one used vehicle where the vehicle is owned by
a full-time resident of the dwelling unit. In the event that there
are multiple owners or tenants in a single dwelling unit, they may
not display for sale more than one used vehicle.
This chapter may be enforced by both the City of Linwood Police
Department and the City of Linwood Zoning Officer and/or Code Enforcement
Officer and his/her designees.
A.
Any individual or entity convicted of violating § 270-4 of this chapter shall pay a fine in an amount not to exceed $500 or be imprisoned in the Atlantic County Jail for a period not to exceed 90 days, or both. A new violation shall accrue after each new twenty-four-hour period after the initial violation is found, but in no event shall the term of imprisonment exceed 180 days.
B.
Any individual or entity convicted of violating § 270-5 of this chapter shall pay a fine in an amount not to exceed $500 or be imprisoned in the Atlantic County Jail for a period not to exceed 90 days, or both. A new violation shall accrue after each new seventy-two-hour period after the initial violation is found, but in no event shall the term of imprisonment exceed 180 days.
C.
Nothing in this chapter shall be affected by or prevent the forced
removal, by the City or any individual or entity, of a used vehicle
displayed for sale in violation of this chapter to the extent that
such forced removal is otherwise authorized by law.
