[HISTORY: Adopted by the Township Committee of the Township of Pittsgrove 8-12-1992 by Ord. No. 9-1992. Amendments noted where applicable.]
Editor’s Note: This ordinance also superseded former Ch. 95, Vehicles, Abandoned, adopted 9-5-1972, as amended.
As used in this chapter, the following terms have the meanings indicated:
- ABANDONED VEHICLE
- Any vehicle propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks, found in any public street, public highway or public lands and not bearing current registration plates or, if bearing current registration plates, remaining stationary and unused for more than 14 days consecutively on public streets, public highways or public lands.
- ENFORCEMENT OFFICER
- The Zoning Officer shall be the Enforcement Officer and shall make the final determination as to the classification to be assigned to any one particular vehicle or the legitimacy of an exception.
No person shall place, leave, keep or store or suffer or permit the placing, leaving, keeping or storage of abandoned vehicles out of doors upon any public street, public highway or public lands in the Township of Pittsgrove for more than 14 days consecutively.
It shall be presumed after 14 days that the owner of said vehicle left, placed, kept or stored said vehicle there or permitted or suffered it to be left, placed, kept or stored there.
No person shall place, abandon or leave, keep or store or suffer or permit the placing, abandoning, leaving, keeping or storage of abandoned or junk vehicles classified “wreck” out of doors upon any private land in the Township of Pittsgrove for more than 30 days.
It shall be presumed after 30 days that the owner or tenant in possession of said land left, placed, kept or stored said vehicle there or permitted or suffered it to be left, placed, kept or stored there.
No person shall place, abandon or leave, keep or store or suffer or permit the placing, abandoning, leaving, keeping or storage of abandoned or junk vehicles classified “restorable” out of doors upon any private land in the Township of Pittsgrove for more than 90 days.
It shall be presumed after 90 days that the owner or tenant in possession of said land left, placed, kept or stored said vehicle there or permitted or suffered it to be left, placed, kept or stored there.
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 nor shall this chapter apply to lawfully licensed junkyards, working agricultural vehicles, legitimate utility trailers or recreational vehicles and antique motor vehicles as defined by state statutes.
It shall be unlawful for any person to place, keep, store or maintain a junk vehicle or vehicle body or, separately, the parts of a vehicle unless engaged in the legitimate business of vehicle sales and repair.
Except as provided in other regulations, not more than one currently unregistered and/or uninspected vehicle may be parked on any property. Said vehicle shall not at any time be in a state of major disassembly or disrepair nor shall it be in the process of being stripped or dismantled. A vehicle of any type shall not at any time undergo major overhaul, including body work, unless such work is performed inside a structure or similarly enclosed area.
Junk vehicles shall be permitted to be stored on fire company and school premises for training and educational purposes for not more than 30 days and upon notification to the Township Zoning Officer. The vehicles are to be tarped to safeguard/contain any potential detrimental exposure, and compliance with any applicable health and safety regulations are to be the responsibility of the premises owner.
[Added 10-25-2000 by Ord. No. 8-2000]
Whenever it shall appear to the Enforcement Officer of the Township of Pittsgrove that this chapter is being violated and that the land on which the violation exists is privately owned, he/she 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; and if such owner or tenants shall reside outside 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 official Township newspapers. Said owner or tenant shall so abate the violation within the time frame fixed by the notice.
In the event that the owner, possessor or occupant of said lands shall refuse or neglect to abate or remedy the condition complained of and which constitutes a violation of this chapter, after the time set forth in the notice the Enforcement Officer shall cause the condition complained of to be abated and remedied.
Upon the removal of any of the items prohibited to be stored or placed on the lands by this chapter and where the owner, after the time set forth in the notice aforesaid, shall have refused or neglected to remove the same, the cost of the removal of said articles by the Enforcement Officer shall be certified, and if found correct, the Township Committee 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 a part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes and which shall be collected and enforced by the same officers and in the same manner as taxes.
Where removal is made of items, in accordance with §§ 95-5 and 95-6A, belonging to a possessor or tenant of the lands other than the title holder of said lands and premises, said possessor or tenant shall be subject to a fine as hereinafter set forth, and the court shall be requested to order the owner of said vehicle(s) to pay to the Township the costs of removal of said vehicle(s) as restitution.
Whenever it shall appear that this chapter is being violated and that the violation exists upon public lands, roads, streets or highways, said vehicle shall be taken in possession by the Township through its Enforcement Officer, who shall direct its removal to a storage place.
Upon the taking into possession of an abandoned or junk vehicle, the Township officers shall follow the procedures established in N.J.S.A. 39:10A-1 et seq. to sell such vehicle at public auction.
Each day that any person shall continue to keep, maintain or store any junk vehicle or junk vehicle parts in violation of this chapter shall be deemed to be a separate offense. Each such vehicle shall be considered a separate violation.
[Amended 9-13-2005 by Ord. No. 9-2005; 3-14-2006 by Ord. No. 4-2006]
Any person, firm or corporation violating any provisions of this chapter shall be subject, upon conviction, to one or more of the following: imprisonment in the county jail for any term not exceeding 90 days; or by a fine of no less than $100 and not more than $2,000; or by a period of community service not exceeding 90 days.
If any sentence, clause or phrase of the aforesaid chapter is for any reason held by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.
All ordinances or parts of ordinances which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.
This chapter shall take effect immediately upon posting, publication and final passage in the manner prescribed by law.