[HISTORY: Adopted by the Township Council of the Township of Washington
2-6-2003 by Ord. No. 1-2003. Amendments noted where applicable.]
It is hereby determined and declared that the placing, abandonment,
leaving, parking, storing or maintaining of any unregistered, unlicensed,
uninsured, disabled, dismantled, inoperable vehicles or equipment designed
for road use and/or components thereof, used tires, machinery, mechanical
equipment, or components thereof, or any container or apparatus designed for
the conveyance of freight in conjunction with a motor vehicle or components
thereof outdoors on private lands in the Township of Washington is contrary,
inimical, and detrimental to the public welfare in that such articles so placed,
abandoned, left, parked, stored or maintained attract or may attract persons
of tender years who, being so attracted, may play in and about the same and
may be injured and in that such articles so placed, abandoned, parked, stored
or maintained outdoors and exposed to the elements deteriorate and in themselves
are unsightly and, deteriorating, become more unsightly and tend to attract
vermin and rodents and by reason thereof depreciate the value of properties
in the neighborhood where they are located and in the Borough as a whole,
thereby creating health, fire and sanitary hazards, all of which are contrary
and inimical to the public welfare.
No person, partnership, corporation or other business entity shall otherwise
place, abandon, leave, keep, park or maintain or permit or suffer the placing,
abandoning, leaving, keeping, parking or maintaining of any unregistered or
uninsured vehicle or a vehicle incapable of passing a New Jersey State motor
vehicle inspection with minor mechanical repairs, or a vehicle suffering collision
damage or with broken glass or flat tires, outdoors upon any private lands
in the Township of Washington for more than five days, unless the same is
garaged or stored in an enclosed building.
The provisions of this article shall not apply to the temporary storage
of vehicles awaiting mechanical repairs at service stations and repair garages
or collision repairs at licensed auto body shops which otherwise comply with
all other federal, state, and municipal regulations, and to any vehicle designated
and used primarily as a farm implement for active farming, agricultural, horticultural
or other husbandry uses.
If any vehicle, as described herein, shall be placed, abandoned, left,
kept, parked or maintained on private lands for five days or more, it shall
be presumed that the owner or tenant in possession of said lands, or both,
left, placed, kept, stored, parked or maintained the same there or permitted
or suffered it to be so left, placed, kept, stored, parked or maintained upon
such premises.
The Washington Township Police Department or Construction Official may
cause a notice to be served upon the owner or tenant in possession of said
lands on which the violation exists to abate the violation by removing the
vehicle, machinery or mechanical equipment or other articles constituting
a violation of this article from the premises or by storing the same within
an enclosed building within five days after service of such notice, which
notice may be served upon such owner or tenant, if he resides in the Township,
personally or by leaving it at his usual place of abode with some member of
his household over the age of 14 years. If any such owner or tenant shall
reside outside of the Township, such notice shall be served upon him by certified
mail addressed to him or her at his or her usual residence according to the
tax records of the Township of Washington. Said owner or tenant, or other
persons, shall abate the violation within the time fixed by the notice.
A.
Each day that any such person, partnership, corporation
or other business entity shall continue to keep, maintain, park, store, place
or abandon any such vehicle, machinery or mechanical equipment, or other articles
prohibited in this article, upon such premises after the time contained in
the aforesaid notice shall expire, shall be deemed to be a separate offense
in violation of this article.
B.
Any person, partnership, corporation or business entity
who shall violate any provisions of this article shall, upon conviction thereof,
be liable to a fine of not less that $100, not more that $1,000 or imprisonment
for a term of not more than 90 days, or both, in the discretion of the Municipal
Court Judge.
It is hereby determined and declared that the abandonment or storage
outdoors of any motor vehicle not currently in use for transportation and
not currently registered or insured on any public lands or streets within
the Township of Washington is contrary and inimical to the public welfare
in that such vehicles 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 in so doing and in that such vehicles so abandoned or stored outdoors,
exposed to the elements, deteriorate and in themselves are unsightly and,
deteriorating, become more unsightly and are detrimental to and depreciate
the value of properties in the neighborhood where they are located and the
Borough as a whole.
The following terms, phrases and words, as used in and for the purpose
of the article, shall be deemed to have the following meanings:
Includes any motor vehicle, omnibus, road tractor, trailer, truck,
truck trailer and vehicle that;
Has been continuously parked on any public street for a period of five
days.
Is so disabled on a public street as to constitute an obstruction to
traffic, and the driver or person owning or in charge thereof neglects or
refuses to move the same to a place where it will not obstruct traffic.
Is found mechanically inoperative on public property or on a public
street and is allowed to remain inoperative for a period of five days. Said
period may be extended by the Police Department for good cause.
Is parked on public property or public streets without the current year's
registration or license plates for any period.
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.
The meanings stated and defined in N.J.S.A. 39:1-1 et seq. of the
revised statutes of the State of New Jersey.
Any individual, firm, partnership, corporation or other business
entity being the owner or having a leasehold or other legal right in, of or
to the motor vehicle or other vehicle as herein defined.
The Washington Township Police Department.
It shall be unlawful for any person to abandon or suffer or permit the
abandoning of any motor vehicle, omnibus, road tractor, trailer, truck or
truck tractor or other vehicle as defined herein on any public property or
public street or between the right-of-way side lines of any public right-of-way
therein. Nothing herein contained shall be deemed to prohibit the placing,
keeping or storage of any such vehicle in an enclosed garage, barn or other
building.
Whenever any officer of the Washington 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 article, such
officer of the 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 herein set forth. The expenses of the impoundment shall
be borne by and be the responsibility of the owner or lessee of the vehicle.
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 Washington Township
Police Department is hereby authorized to place an abandoned vehicle warning
sticker on the vehicle indicating a violation of the law and informing the
owner or person having control of the vehicle that if the condition is not
corrected, then the vehicle may be towed within 48 hours of the sticker being
placed on the vehicle and a summons may be issued, or both. Said warning shall
contain such information as the Chief of Police deems necessary to conform
to the requirements of this article. The Washington 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 Police Department procedures. The expenses of towing and
impoundment shall be borne by and be the responsibility of the owner or lessee
of the vehicle.
Any motor vehicle, omnibus, road tractor, trailer, truck or truck tractor
which has been lawfully impounded by the Washington Township Police Department
and remains unclaimed by the owner of the motor vehicle, omnibus, road tractor,
trailer, truck or truck tractor for a period of 15 business days shall be
presumed abandoned, and a summons may be issued. The Washington Township Police
Department may dispose of any impounded motor vehicle, omnibus, road tractor,
trailer, truck or truck tractor which remains unclaimed by its owner in accordance
N.J.S.A. 39:10A-1 et seq. of the revised statutes of the State of New Jersey.
Any person who shall violate any provision of this article shall, upon
conviction thereof, be liable for a fine of not less than $100, nor more than
$1,000 or imprisonment for a term of not more than 90 days, or both, in the
discretion of the Municipal Court Judge.
