[HISTORY: Adopted by the Township Committee of the Township of Pittsgrove 8-12-1992
by Ord. No. 9-1992.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former Ch. 95,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:
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.
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.
Any vehicle which is without a current registration plate or plates
and is in either a rusted, wrecked or dismantled, partly dismantled or inoperative
condition. A junk vehicle shall be classified as to its condition in one of
the two following categories:
RESTORABLEA junk vehicle that is in a condition whereby repairs to the same could be made to place it in operating condition suitable for registration without exceeding the estimated value when repaired.
WRECKA junk vehicle in such condition that it is economically unsound to restore the same to operating condition suitable for registration considering the repairs to be made.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
