[HISTORY: Adopted by the Township Committee of the Township of West
Amwell 8-26-1966 by Ord. No. 6-66. Amendments
noted where applicable.]
It is hereby determined and declared that the placing, abandonment,
leaving, keeping or storage out of doors of any motor vehicle not currently
in use for transportation and not licensed for the current license year or
any other unused auto machinery or auto equipment or auto body or bodies on
public or private lands in the Township is contrary and inimical to the public
welfare in that such articles so placed, abandoned, left, kept 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 articles so placed,
abandoned, left, kept or stored out of doors, exposed to the elements, deteriorate
and in themselves are unsightly and, in deteriorating, become more unsightly
and are detrimental to and depreciate the value of properties in the neighborhood
where they are located and in the Township as a whole and are detrimental
to public health and welfare.
No person shall place, abandon or leave, keep or store, or suffer or permit the placing, abandoning, leaving, keeping or storage of, any article described in § 151-1 of this chapter out of doors upon any public or private land in the Township or between the right-of-way side lines of any public thoroughfare therein. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed garage, barn or other building.
If any article described in § 151-1 of this chapter shall be left placed, kept or stored on private lands for 15 days or more, it shall be presumed that the owner or tenant in possession of said land left, placed, kept or stored it there or permitted or suffered it to be left, placed, kept or stored there.
Whenever it shall appear to any member of the Police Department of the Township that § 151-2 of this chapter is being violated and that the land on which the violation exists is privately owned, he shall, in writing, notify the owner or tenant in possession of the land on which the violation exists to abate the violation by removing the article or articles constituting the violation from the Township or into an enclosed garage, barn or other building within 10 days of the service of the notice, which notice shall 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, but if any such owner or tenant shall reside outside of the Township, the notice shall be served upon him by registered or certified mail, addressed to him at his usual residence, if ascertainable, otherwise by notice published in the newspaper in which the legal notices of the Township may be published, and said owner or tenant shall so abate the violation within the time fixed by the notice and, upon failure to so abate within said period, shall suffer the penalties of § 151-7 hereof if found guilty thereof by the Municipal Judge, such penalty being in his discretion.
Whenever it shall appear to any member of the Police Department of the Township that § 151-2 of this chapter is being violated and that the violation exists on public lands or between the right-of-way side lines of any public thoroughfare:
A.
He shall determine whether any article constituting a
violation constitutes or may constitute a traffic hazard, and, if so, he shall
move it or cause it to be moved to a nonhazardous location or into an enclosed
storage place.
B.
He shall ascertain, if he can, who is the owner of the article or articles and shall, in writing, notify such owner to abate the violation forthwith and in all events within 10 days after the service of the notice upon him, which notice shall be given as required in § 151-4 for the service of notice thereunder.
C.
If any article constituting the violation constitutes or may constitute a traffic hazard and it cannot be moved to a nonhazardous location or if the name and address of the owner of the article cannot be ascertained or if the violation is not abated in the time required by the notice given under the foregoing Subsection B:
(1)
He shall determine whether the articles have a value
in excess of the cost of removing it or them to enclosed storage and the cost
of storing it or them for three months in the case of motor vehicles and for
six months for all other articles.
(2)
Unless the article or articles appear to have value clearly
in excess of such cost, he shall arrange, if he can, for the removal of it
or them by someone who will undertake the removal without cost to the Township,
but otherwise he shall arrange for the removal at the expense of the Township
to an authorized dump.
(3)
If the article or articles appear to have value clearly
in excess of said cost, he shall remove it or them or cause it or them to
be removed at the expense of the Township to enclosed storage.
(4)
If the article or articles are removed under the foregoing Subsection A or Subsection C(2) or (3), he shall, in the manner required by § 151-4 for service of notice thereunder, give notice to the owner of that removal and of the place to which the article or articles have been removed and of the owner's right to reclaim it or them by having the cost of removal and interim storage charges.
If any article or articles impounded by the Police Department under
this chapter shall remain in its possession after three months after notice
of the impounding in the case of motor vehicles and for six months for all
other articles, the impounded article or articles shall be deemed to have
been abandoned and forfeited by the owner, and the governing body of the Township
shall sell and dispose of them as provided in N.J.S.A. 40:47-20.
[Amended 5-3-1984 by Ord. No. 5-84]
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction, be subject to a fine of not less than $100 nor more
than $1,250, a term of imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
A.
Licensed car dealers are exempt from this chapter to
the extent of being allowed unlicensed or inoperable motor vehicles on the
premises where such business is being operated, but this exemption shall not
allow any such dealer to operate an unlicensed junkyard, as same is defined
in the statutes or law of the State of New Jersey or in any other ordinance
of this Township.
B.
Vehicles or equipment dedicated to agricultural or construction
use are exempt from the effect of this chapter.
