[HISTORY: Adopted by the Township Council
of the Township of Burlington 2-25-1969; amended 2-10-1970; 7-9-1975; 12-23-1986; 9-26-1989 (Sec.
14:8 of the 1975 General Ordinances). Subsequent amendments noted
where applicable.]
The following terms, phrases and words used
in and for the purpose of this chapter shall be deemed to have the
following meanings:
Includes any motor vehicle, omnibus, road tractor, trailer,
truck, truck-trailer or other vehicle which:
Is parked without the current year's registration
or identification markers as required by law;
Has been parked in any public street or on any
public land for a period of five days;
Is so disabled as to constitute an obstruction
of traffic and the driver or person owning or in charge thereof neglects
or refuses to move the same to a place where it shall not obstruct
traffic;
Is found to be mechanically inoperative and
is allowed to remain inoperative for a period of five days (said period
of time may be extended, for good cause, by the Police Department);
or
Is found without one or more tires.
The sequestration of the vehicle or junk automobile body
at a place of storage.
Any automobile which is no longer in actual use as a motor
vehicle or which is wholly unfit, without rebuilding or reconditioning,
for use in highway transportation or which has been discarded for
use as a motor vehicle or otherwise abandoned.
Any motor vehicle, omnibus, road tractor, trailer, truck,
truck-tractor or other vehicle and shall have the meaning as ascribed
to the foregoing words as contained and defined in N.J.S.A. 39:1-1
et seq.
Any individual, firm, partnership or corporation being the
owner or having any legal right in or to the motor vehicle or other
vehicle as herein defined. The term "person," when applied to lands,
housing, residential, commercial or industrial units which are leased
rather than owned by the occupants shall be deemed to mean and include
the owner of the leased structures.
Lands owned by the Township, generally known as its landfill
site, or such other locations as the Mayor shall from time to time
provide.
The Police Department of the Township of Burlington.
A.
Abandonment prohibited. It shall be unlawful for any
person to abandon or suffer or permit the abandoning of any motor
vehicle, junk automobile, or junk automobile body out of doors upon
any public or private lands in the Township of Burlington, or on any
public street, or between the right-of-way side lines of any public
right-of-way therein.
B.
Storage prohibition. No person shall place, keep or
store any junk automobile or junk automobile body, as heretofore defined
in this chapter, on any public or private property within the Township
of Burlington.
C.
Presumption. If any motor vehicle, junk automobile
or junk automobile body shall be abandoned on private lands for five
working days or more, it shall be presumed that the owner or tenant
in possession of said land has abandoned it there or permitted or
suffered it to be abandoned there.
D.
Exclusions.
[Amended 9-23-2008 by Ord. No. 08-OR-025; 8-25-2009 by Ord. No.
09-OR-018]
(1)
Nothing
herein contained shall prohibit the placing, keeping or storage of
any motor vehicle, junk automobile or junk automobile body in an enclosed
garage, barn or other building.
(2)
Any
motor vehicle or automobile stored in a driveway or outdoors on a
property must be covered with a fitted automobile cover.
(3)
Only
one motor vehicle or automobile is allowed to be stored in a driveway
or on the property at any given time.
A.
Impounding vehicles. Whenever any officer of the Burlington
Township Police Department finds any motor vehicle, junk automobile
or junk automobile body which has been abandoned, kept or stored contrary
to the provisions of this chapter, such member of the Burlington Township
Police Department shall remove, secure the removal of, and/or impound
said motor vehicle, junk automobile or junk automobile body in accordance
with the procedures hereinafter set forth:
(1)
Public property. Whenever any motor vehicle, junk automobile or junk automobile body is found on any public street, highway or public property, an emergency condition is herewith declared to exist, and any officer of the Burlington Township Police Department is hereby authorized to immediately remove, secure the removal of, and/or impound the motor vehicle, junk automobile or junk automobile body without the necessity of notice prior to said impoundment; after impoundment, the Burlington Township Police Department shall use diligent efforts to identify and locate the owner of the impounded motor vehicle, junk automobile or junk automobile body and notify the owner in accordance with § 563-3A(3).
(2)
Private lands.
(a)
Regulations. Whenever a motor vehicle, junk
automobile or junk automobile body is found on any private land in
violation of this chapter, then any officer of the Burlington Township
Police Department in furtherance of enforcement of this chapter shall
affix to the vehicle in question a sticker bearing the information
more particularly set forth on Exhibit 1 attached to this chapter
and made a part hereof by reference.[1] Said sticker shall, in addition to such additional information
as is provided, indicate that, unless the violation is corrected within
five working days so noted, the violation is continuing and any member
of the Burlington Township Police Department is authorized to proceed
in accordance with the law to impound the motor vehicle, junk automobile
or junk automobile body and to remove said motor vehicle, junk automobile
or junk automobile body to a place of storage. Notice of said impoundment
shall be given to the owner of the motor vehicle, junk automobile
or junk automobile body, or the owner or tenant of the private land
on which the violation is occurring in the manner hereinafter established.
[1]
Editor's Note: Said Exhibit 1 is on file in
the Township offices.
(b)
Exclusion. Nothing heretofore mentioned shall
be deemed to prevent any of the following activities from being conducted
on private lands under the conditions or by the people referred to:
[1]
One motor vehicle within the definition set
forth above which does not possess the current year's registration
may be maintained on a single parcel of land having on it a single-family
residential dwelling as long as the motor vehicle is in a complete
and operable condition.
[2]
Any person may maintain motor vehicles altered
for drag or stock car racing as long as said motor vehicles are maintained
on registered trailers.
[3]
Owners of motor vehicles being held for sale
or resale in a commercial zone are exempted from the provisions of
this chapter.
[4]
Owners of a motor vehicle which would otherwise come under the provisions of this chapter who are in the military service stationed outside the State of New Jersey shall be exempt from the provisions of this chapter in accordance with the terms and conditions set forth in Subsection A(2)(b)[1] above.
[5]
Owners of antique motor vehicles which are classified
as such under state statutes are exempt from the provisions of this
chapter.
(c)
Exempt certificates. Any person who possesses, owns or maintains a motor vehicle covered under any one of the exclusions referred to above shall obtain from the Director of Public Safety an exempt certificate which shall indicate that the motor vehicle in question comes under one of the exclusions referred to in Subsection A(2)(b) above. Said exempt certificate shall be valid for one year from the date of issuance. All owners of exempt certificates shall display the exempt certificate on the windshield or other prominent place on the motor vehicle in question so that it is readily observable by the enforcement officials under this chapter. No fees shall be charged for the issuance of an exempt certificate.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
(3)
Notice of impoundment.
(a)
Notice of the impoundment of any motor vehicle, junk automobile or junk automobile body shall be given to the owner of said motor vehicle, junk automobile or junk automobile body or to the owner or tenant of lands upon which a violation is occurring pursuant to § 563-2C above, in writing, by registered mail, at the last known address of the party to be served and shall contain the following:
[1]
The time and place of impoundment.
[2]
Location of the motor vehicle, junk automobile
or junk automobile body.
[3]
The reason for impoundment.
[4]
The amount and nature of penalties and costs
that may be entered against him.
[5]
A statement that a sale of the motor vehicle,
junk automobile or junk automobile body will occur after 30 days if
the motor vehicle, junk automobile or junk automobile body is not
reclaimed.
[6]
A statement of the time and place of sale.
(b)
The address of the owner as shown on the records
of the State Division of Motor Vehicles shall be deemed sufficient
for the purpose of this chapter.
(c)
Notice to Director. Upon the impoundment of
any vehicle pursuant to this chapter, the member of the Burlington
Township Police Department so impounding the vehicle shall give immediate
notice to the Director of Motor Vehicles on forms prescribed by him
for verification of ownership.
B.
Sale of impounded vehicles. Whenever any motor vehicle,
junk automobile or junk automobile body impounded by the Police Department
shall remain unclaimed for a period of 30 days, the motor vehicle,
junk automobile or junk automobile body shall be sold under the direction
of the Prosecutor of Burlington Township or his designate at public
auction to the highest bidder. Such auction held shall take place
after notice of such sale has been given at least seven days prior
thereto by one publication in the newspaper circulated in the Township
and upon the mailing of a copy of said notice to the owner of the
motor vehicle, junk automobile or junk automobile body and/or to the
owner or tenant of the lands upon which a violation is occurring and
the holder of any security interest filed with the Director of the
Division of Motor Vehicles by certified mail at least seven days prior
to the sale. All revenues collected from the sale of the motor vehicle,
junk automobile or junk automobile body shall be retained by the Township
of Burlington as a cost of administration.
A.
Costs of removal, impoundment and sale. Any person who violates the provisions of this chapter shall pay all costs of removal, impoundment and sale. Cost of removal and sale shall be those fees charged to the Township by those performing services incident to such removal and sale, including but not limited to newspaper advertisements, costs, attorneys' fees and tow truck operator's fees. Impoundment costs shall be charged at the rate of $9 per day, per vehicle. In the event that the violator is a property owner as specified in § 563-2C above, said costs and such other fines and penalties as may be levied in accordance with this chapter shall become a lien upon his property in accordance with law and be collected in the manner prescribed and established for the collection of liens.
[Amended 4-10-2007 by Ord. No. 07-OR-009]
C.
Continuance. A continuance of a violation or a noncompliance
with the provisions of this chapter shall be deemed a nuisance, and
the Township Council shall have the right to apply to the courts of
this state for injunctive relief or other relief in addition to the
penalties provided for herein.
