[HISTORY: Adopted by the Township Committee of the Township of Harrison
7-2-1973 by Ord. No. 4-1973. Amendments noted where applicable.]
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 Harrison, in the County of Gloucester, and this chapter
is, therefore, enacted for the preservation of the health, safety and welfare
of the inhabitants of the Township of Harrison, in the County of Gloucester.
The following definitions shall apply in the interpretation and enforcement
of this chapter:
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 as long as 14 days 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 Harrison, 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, Chapter 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 Harrison, in the County
of Gloucester, for more than 14 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 Harrison,
in the County of Gloucester, for more than 14 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 Harrison, 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 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 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 or highway in the Township of Harrison, in the
County of Gloucester, except that the Township of Harrison may store junked
or discarded motor vehicles on a lot of land maintained by the Township for
that purpose.
A.
Whenever it shall appear to the Secretary of the Board of Health or to any special officer or police officer of the Township of Harrison, in the County of Gloucester, that there is a violation of this chapter as provided in § 211-3A, B or C of this chapter, the Secretary of the Board of Health or such special officer or police officer shall notify the person who appears to have violated or be in violation of any part of § 211-3, either Subsection A, B or C, of the violation. 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 chapter to remove the motor vehicle within 10 days' time after the date of service if served by personal service or left at his usual place of abode or within 15 days' time if served by mail or publication.
B.
Whenever it shall appear to the Secretary of the Board of Health or to any special officer or police officer of the Township of Harrison, in the County of Gloucester, that there is a violation of this chapter as provided in § 211-3D, said Secretary of the Board of Health 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 Harrison 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 days' time after the date of service if served by personal service or left at his usual place of abode, or within 15 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 and B of this § 211-4 of this chapter, the Secretary of the Board of Health 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 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 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 Harrison shall deem most practicable.
[Amended 12-6-2004 by Ord. No. 40-2004]
A.
Any person convicted of a violation of any of the provisions of this chapter 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 by Subsections A and B of § 211-4 of this chapter.
