[HISTORY: Adopted by the Township Committee of the Township of Dennis 10-9-1972 as Ord. No. 72-2. Sections 178-1B, 178-2, 178-4C(2) and (3) and 178-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
A. 
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
JUNK VEHICLE
Includes:
(1) 
Any motor vehicle which is mechanically inoperable.
(2) 
Any motor vehicle or motor-drawn vehicle which does not carry a current registration or which lacks one or more tires.
(3) 
Any streetcar.
(4) 
Any railroad car which is mechanically inoperable or which is not on a railroad track connected to other railroad tracks in active use.
B. 
Statutory definitions. For the purposes of this chapter, the terms "motor vehicle" and "motor-drawn vehicle" shall be defined as they are defined in the New Jersey Motor Vehicle Law (N.J.S.A. 39:1-1 et seq.), as said law now exists or may hereafter be amended. Said definitions are presently as follows:
MOTOR-DRAWN VEHICLE
Includes trailers, semitrailers or any other type of vehicle drawn by a motor-driven vehicle.
MOTOR VEHICLE
Includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Except as provided in Sections 178-3 and 178-4, it shall be unlawful for any person, firm or corporation, either as owner of any private lands or as occupant lessee, tenant or agent of the owner of any private lands or as trespasser or other user of private lands, with or without permission, or in any other capacity whatsoever, to store, deposit, place, maintain, accumulate, leave or park or permit to be stored, deposited, placed, maintained, accumulated, left or parked on any private lands or public lands or highways within the Township of Dennis any junk vehicle for a period of 48 hours.[2]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: Former Section IV, which designated the municipal landfill as the only approved location for the disposal of junked vehicles and which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Nothing contained herein shall prohibit a motor vehicle junkyard operating under a valid, current state license and not violating any other ordinance of the township from storing, maintaining or accumulating junk vehicles in the normal course of business; provided, however, that any junk vehicles so stored, maintained or accumulated must be in an enclosure completely surrounded by a solid fence or wall at least three feet taller than the highest junk vehicle or accumulated junk vehicles and in any event of a minimum height of seven feet, with necessary solid gates.
A. 
Nothing contained herein shall prohibit a gasoline service station, a motor vehicle repair shop or a motor vehicle garage which is not violating any other ordinance of this township from storing, maintaining or accumulating junk vehicles in the normal course of business, provided, however, that unless said junk vehicles are contained within a completely enclosed and roofed building, not more than three junk vehicles may be stored, maintained or accumulated at any one time, and no junk vehicle may be stored, maintained or accumulated for a period in excess of 45 days.
B. 
Junk vehicles stored, maintained or accumulated within a completely enclosed and roofed building on premises operated as a gasoline service station, a motor vehicle repair shop or a motor vehicle garage may be stored, maintained or accumulated in any quantity for any period of time.
C. 
The Township Committee is hereby authorized to grant permission to a gasoline service station, a motor vehicle repair shop or a motor vehicle garage to store, maintain or accumulate junk vehicles in excess of three, but in no event to exceed 20, on suitable premises upon compliance with the following provisions:
(1) 
The applicant shall make written application to the Township Clerk for such permission and in his application shall give the full name and address of the owner and operator of the business and the full name and address of the owner of the premises intended to be used and the number of junk vehicles which he is seeking permission to store, which number shall not exceed 20.
(2) 
The Construction Official shall inspect the proposed premises and make a written report to the Township Committee as to the suitability of said premises for the proposed use. In determining said suitability, he shall give consideration to:[1]
(a) 
The degree of residential development in the immediate area.
(b) 
The conspicuousness of the proposed location with respect to highway traffic, pedestrian traffic and nearby residential and commercial buildings.
(c) 
Whether or not the premises are fenced or landscaped in such a manner as to conceal or partially conceal the junk vehicles from view.
(d) 
The present volume of the applicant's business in junk vehicles.
(e) 
The degree and necessity of public service rendered by the applicant.
(f) 
Such other standards and factors as may reasonably bear upon the public health and welfare.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions. Art I.
(3) 
Upon receiving the written report of the Construction Official, the Township Committee may, by resolution, grant the requested permission or any modification thereof and may add such conditions to the granting of its permission as are reasonably necessary to the protection of the public health and welfare. Such permission may be withdrawn, by resolution of the Township Committee, upon 60 days' written notice to the applicants.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions. Art I.
(4) 
The Township Committee may, by resolution, provide for the imposition of a fee for such permission.
Junk vehicles, as hereinabove defined, are hereby declared to be filth, trash and debris, within the meaning of N.J.S.A. 40:48-2.13 et seq., as said law now exists or may hereafter be amended; and this section and Sections 178-6 and 178-7 of this chapter are adopted pursuant to the authority of the same.
Upon 10 days' written notice being given to the record owner and the occupant of any private lands in the township directing that junk vehicles be removed, if said junk vehicles are not removed, the Code Enforcement Officer, Construction Official or the duly appointed Health Officer may proceed to remove or direct the removal of the same.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Upon said junk vehicles' being removed by or under the direction of one of the officers designated in Section 178-6 hereof, said officer shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.[1]
[1]
Editor's Note: Former Section XII, which provided penalties for offenses and which followed this Section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I. For current penalty provisions, see Ch. 1, General Provisions, Section 1-9.
[Added 3-22-99 by Ord. No. 99-05]
Any person, corporation, or other entity who shall violate Chapter 178 of this Code shall, upon conviction, be subject to a fine of not less than one hundred ($100) nor more than $1,000, to imprisonment for a term not exceeding 90 days, to a period of community service not exceeding 90 days or to any combination of these penalties.