[HISTORY: Adopted by the Council of the Borough of Lawnside 2-5-1986 by Ord. No. 1-1986. Amendments noted where applicable.]
It is hereby determined and declared that the abandonment or
outside storage of any motor vehicles not currently in use for transportation,
whether or not currently licensed or registered, on any public or
private property within the borough, is contrary and harmful to the
public welfare in that such articles 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 and in that such vehicles so
abandoned or stored outside deteriorate and are unsightly and as such
are detrimental to and depreciate the value of property in the neighborhood
and affect the entire borough and, further, that said abandoned vehicles
constitute a danger to the public health and safety.
[Amended 5-1-2002 by Ord.
No. 10-FY2002]
The following terms, phrases and words, as used in and for the
purpose of this chapter, shall be deemed to have the following meanings:
A vehicle not housed in a structure composed of four walls,
a roof and doors, or a structure accessory to an existing dwelling
permitted by the Mayor and Council as a garage.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any land which is privately owned within the Borough of Lawnside.
Any real property within the borough which is not a street
or highway.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to use of the public
for purposes of vehicular travel.
A machine propelled by power other than human power designed
to travel along the ground by use of wheels, treads, runners or slides
and transport persons or property or pull machinery and shall include,
without limitations, automobile, truck, trailer, motorcycle, tractor,
buggy and wagon.
[Amended 5-1-2002 by Ord.
No. 10-FY2002]
A.Â
Abandoned vehicles. It shall be unlawful for any person to abandon
any vehicle within the Borough of Lawnside, and no person shall leave
any vehicle at any place within the borough for such time and under
such circumstances as to cause such vehicle reasonably to appear to
have been abandoned.
B.Â
Leaving of wrecked or junked vehicles on street. No person shall
leave any partially dismantled, nonoperating, wrecked or junked vehicle
on any street or highway within the borough.
C.Â
Storage on land. It shall be unlawful for any owner, possessor or
occupant of lands in the Borough of Lawnside, County of Camden, to
permit storage or placing upon such lands any machines or parts of
machines, automobiles or parts of automobiles, or vehicles in such
need of repair as to render said vehicle incapable of being readily
operated under its own power except however, where such storage of
vehicles, machinery or parts of vehicles and machinery is specifically
authorized by the Zoning Ordinance of the Borough of Lawnside,[1] County of Camden, or by a variance granted by the Zoning
Board of Adjustment of the Borough of Lawnside, County of Camden.
[Added 5-1-2002 by Ord.
No. 10-FY2002]
For the purpose of this chapter, a vehicle shall be considered
abandoned or junked if it is in such defective condition as to be
unable to be moved under its own power or if it does not display proper
and current registration, license plates and inspection certificate
as required by the laws of New Jersey.
[Amended 5-1-2002 by Ord.
No. 10-FY2002]
When a violation is ascertained, and the owner of the property
and the owner of the vehicle is ascertainable, they shall be given
10 days' written notice by the Police Department of the Borough
of Lawnside to remove said vehicle from the property or to submit
in writing to the Borough of Lawnside justification for retention
of the vehicle on the site. If said vehicle is not removed, a summons
shall be issued immediately to the owner of said vehicle requiring
them to appear in the Lawnside Municipal Court.
[Added 5-1-2002 by Ord.
No. 10-FY2002]
Any person, corporation, firm or entity which has received a
notice regarding a violation of this chapter or the enforcement of
any provision of this chapter, may request, in writing, a temporary
stay of the provisions of this chapter for a period of up to 30 days
to enable the owner of the vehicle to register the vehicle, insure
the vehicle and place the vehicle back into service so that it can
operate legally within the State of New Jersey. The written request
for extension shall be submitted to the Borough Clerk who shall have
the authority to either approve or reject the request. If approved,
the owner of said vehicle must provide the Borough Clerk with written
proof, on or before 30 days from the date of the written notice, that
the vehicle has been registered, is insured and is safe to operate
on the streets of New Jersey. If such proof is not supplied within
the thirty-day time period, a summons to appear in the Lawnside Municipal
Court shall be issued by the Police Department without the requirement
of any further written notice to the owner of said vehicle.
[Amended 5-1-2002 by Ord.
No. 10-FY2002]
After the issuance of any order by the Lawnside Municipal Court,
which may include an order for the removal of the vehicle, a representative
of the Borough of Lawnside is hereby authorized to go upon the property
and remove said abandoned or junked vehicle.
In the event that the owner of said vehicle or the occupant
of the land where said vehicle is stored shall have refused or neglected
to remove said vehicle or parts thereof, in the manner and within
the time period provided by the Lawnside Municipal Court, a representative
of the Borough of Lawnside is hereby authorized to go upon the property
and remove said abandoned or junked vehicle. Any costs incurred by
the borough for such removal and/or storage shall be charged to and
paid by the owner of said vehicle. The representative contracted by
the borough to remove said vehicle shall certify the cost of the removal
of said vehicle to the borough, which shall examine the certificate
and if found correct shall cause the cost as shown thereon to be chargeable
against the owner of the vehicle.
[Amended 5-1-2002 by Ord.
No. 10-FY2002]
A.Â
Any person who violates the provisions of this chapter shall, upon
conviction, be punished by a fine not exceeding $250 or by imprisonment
not exceeding 60 days, or both, at the discretion of the Judge of
the Municipal Court of the Borough of Lawnside, and each day that
such violation shall continue shall be deemed a separate offense.
B.Â
A continuance of a violation or noncompliance with the provisions
of this chapter shall be deemed a nuisance, and the Borough of Lawnside
shall have the right to apply to the courts of the State of New Jersey
for injunctive relief or other relief in addition to the penalties
provided herein.
C.Â
In the event the borough incurs any costs or expenses in the removal
of an abandoned or junked vehicle as set forth above, the Judge of
the Municipal Court may assess the amount of said costs against the
owner of the vehicle in addition to any other fines and penalties
as provided for in this chapter.
