[Adopted 3-17-2020 by Ord. No. O-1-2020]
It is hereby determined that outdoor storage or keeping or abandoning
or leaving any junked or discarded or abandoned motor vehicle outdoors
creates an unsightly condition depreciating the value of neighboring
property, creates an attractive nuisance to children, creates a shelter
for rodents, creates a fire hazard and is harmful to the health, safety
and welfare of the inhabitants of the Township of Elk, in the County
of Gloucester, and this article is, therefore, enacted for the preservation
of the health, safety and welfare of the inhabitants of the Township
of Elk, in the County of Gloucester.
The following definitions shall apply in the interpretation
and enforcement of this article:
Has the same meaning as "discarded," and "discarded" shall
have the same meaning as "junked," and either or both words shall
be taken to mean and include any motor vehicle which:
Is not in current use for transportation of persons or property
and has been discarded for use as a motor vehicle; and
Is not currently licensed or has no registration or identification
marker for the current year; and
Is mechanically inoperative or not fit for transportation of
persons or property on the public streets, roads or highways; and
Has been continually parked for 14 consecutive calendar days,
or longer, outdoors on any lot of land, public or private, or for
any length of time whatever on any street, road or highway in the
Township of Elk, in the County of Gloucester.
Includes all vehicles propelled otherwise than by muscular
power and designed to be driven or operated on the public streets,
roads or highways; and the words "motor vehicle" shall be taken to
mean and include all of the following as named and defined in the
Revised Statutes of the State of New Jersey, Title 39, Article 1,
Section 1: "automobile," "commercial motor vehicle," "motorcycle,"
"omnibus," "passenger automobile," "road tractor," "semi-trailer,"
"trailer," "truck" and "truck tractor" when designed to be driven
or operated on the public streets, roads or highways; except that
the words "motor vehicle" shall not be taken to mean or include semi-trailers
or trailers kept and used for office space, shop space, construction
use, storage, refrigeration and other such like business, commercial,
agricultural and industrial uses, and shall not include motor vehicles
used as farm machinery and kept on farms operated by farmers keeping
them. "Motor vehicle" shall mean one or more motor vehicles, and the
singular shall include the plural.
Outside of any building having at least three walls and a
roof; so as to be enclosed on top and three sides.
Includes any individual, firm, partnership, member of any
firm or partnership, corporation or association, any officer, director,
manager, trustee or other member of the governing body of any corporation
or association, and the word shall include masculine, feminine and
neuter genders, and the singular shall include the plural.
A.
No person shall store, keep, discard, abandon or leave any junked
or discarded motor vehicle outdoors on any lot of land owned or controlled
by any other person in the Township of Elk, in the County of Gloucester,
for more than 14 consecutive calendar days.
B.
No person shall store, keep, discard, abandon or leave any junked
or discarded motor vehicle outdoors on any lot of land of which he
is the owner or lessee or otherwise controls in the Township of Elk,
in the County of Gloucester, for more than 14 consecutive calendar
days.
C.
No person who owns any lot of land or who is in possession or control
of any lot of land in the Township of Elk, in the County of Gloucester,
shall allow any junked or discarded motor vehicle to remain outdoors
on such lot of land for more than 14 consecutive calendar days, and
no such person shall suffer or permit any other person to store, keep,
discard, abandon or leave any junked or discarded motor vehicle outdoors
on such lot of land for more than 14 consecutive calendar days. It
shall be presumed that the owner or person in possession or control
of any lot of land on which any junked or discarded motor vehicle
is kept or left or found suffered or permitted said motor vehicle
to be kept, discarded, abandoned or left on said lot of land.
D.
No person shall store, keep, discard, abandon or leave any junked
or discarded motor vehicle on any publicly owned lot of land or on
any public street, road, highway or right-of-way in the Township of
Elk, in the County of Gloucester, except that the Township of Elk
may store junked or discarded motor vehicles on a lot of land maintained
by the Township for that purpose.
E.
No person shall keep or permit the keeping on any street, vacant
lot, residential lawn, public or private right-of-way except in a
fully enclosed structure, any motor vehicle, trailer or semi-trailer
which:
A.
Whenever it shall appear to a Code Official or to any special officer or police officer of the Township of Elk, in the County of Gloucester, that there is a violation as provided in § 79-20 of this article, the Code Officer or such special officer or police officer shall notify the person who appears to have violated or be in violation of any part of § 79-20. Said notice shall be in writing and shall either be served on such person as appears to have violated or be in violation personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years, or by certified mail with return receipt requested, addressed to him at his usual place of residence, if ascertainable. If such place of residence cannot be ascertained, then service shall be made by notice published in the newspaper in which legal notices of the Township are usually published, which notice shall notify the person who appears to have violated or be in violation of this article to remove the motor vehicle within 10 calendar days' time after the date of service if served by personal service or left at his usual place of abode, or within 15 calendar days' time if served by mail or publication.
B.
Whenever it shall appear to the Code Official or to any special officer
or police officer of the Township of Elk, in the County of Gloucester,
that there is a violation of this article as provided in § 79-20D
or E, said Code Official or special officer or police officer shall
determine whether the violation constitutes a traffic hazard, and
if he shall determine it does constitute a traffic hazard, he shall
move or cause the motor vehicle to be moved to a nonhazardous location
or into a storage place provided or maintained by the Township of
Elk and shall then ascertain the name and address of the owner of
the motor vehicle and serve the owner with written notice to remove
the motor vehicle within 10 calendar days' time after the date of
service if served by personal service or left at his usual place of
abode, or within 15 calendar days' time if served by mail or publication.
If the name or address of the owner cannot be ascertained, then service
shall be made by notice published in the newspaper in which legal
notices of the Township are usually published describing the motor
vehicle and the place where it was found.
C.
Whenever the person on whom said notice is served fails to remove the motor vehicle within the time allowed after the date of service as set forth in Subsections A or B of this section, the Code Official or special officer or police officer shall be authorized to cause the motor vehicle to be removed and impounded and shall immediately report the taking of possession thereof to the Director of the Division of Motor Vehicles as provided by the N.J.S.A. 39:10A-1 and shall also notify the owner of the motor vehicle and the person holding any security interest on the motor vehicle and the person in possession or control of the lot of land on which the motor vehicle was found, if the names and addresses of such person can be ascertained, by certified mail with return receipt requested, that the person or persons receiving such notice may, within 30 calendar days or within any time prior to sale thereof, reclaim possession of the motor vehicle upon payment of the reasonable cost of removal and storage and any fine or penalty and court costs for the violation which gave rise to the seizure or taking possession of the motor vehicle. If the names or addresses of such persons cannot be ascertained, then notice shall be given by publication, describing the motor vehicle and the place where it was found, in the newspaper in which legal notices of the Township are usually published.
D.
If neither the owner of the motor vehicle nor the person holding
the security interest on the motor vehicle nor the person in possession
or control of the lot of land on which the motor vehicle was found
reclaims the motor vehicle and pays said costs, fines and penalties
and removes said motor vehicle within said 30 days of the aforesaid
notice, the motor vehicle shall be sold as provided for by the N.J.S.A.
39:10A-1, and the money received from such sale shall be applied to
payment of the reasonable cost of removal and storage of the motor
vehicle, but if a buyer cannot be found, the motor vehicle shall be
destroyed or otherwise disposed of in such manner as the Township
Committee of the Township of Elk shall deem most practicable.
A.
Any person convicted of a violation of any of the provisions of this
article shall be subject to a fine not exceeding $1,250, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, and such person shall be deemed guilty of a
separate violation thereof for each and every day during which such
violation shall continue after notice to remove the motor vehicle
is given as provided for in this article.
