This chapter shall be known and may be cited as the "Township of Pine
Abandoned or Junked Motor Vehicle Ordinance."
For the purposes of this chapter, and unless otherwise expressly stated,
the following words and phrases shall have the following meanings:
ABANDONED OR JUNKED MOTOR VEHICLE
Any motor vehicle which:
A.
Is inoperable and is left unattended on a public street, road, highway
or public property for more than 48 hours;
B.
Has remained illegally on a public street, road, highway or other public
property for a period of more than 48 hours;
C.
Has remained on private property without the consent of the owner or
person in control of that property for more than 48 hours;
D.
Is inoperable and has been stored or kept outside and not enclosed within
a building on any private property for more than 30 days; provided, however,
that an inoperable motor vehicle held or stored upon the property of a person
engaged in the business of servicing, repairing, storing or disposing of inoperable
motor vehicles in conformity with the Zoning Laws of the Township of Pine
shall not be considered an "abandoned or junked motor vehicle" for the purpose
of this chapter as long as it is screened from view from the abutting properties;
or
E.
Is stored or kept in such a manner as to cause loud noises or offensive
odors or attract vermin or is otherwise a detriment to the environment or
danger to those who may be in close proximity or a nuisance in any other manner.
INOPERABLE
As applied to a motor vehicle under this chapter:
A.
A motor vehicle that does not have a current registration plate and
a current inspection sticker; or
B.
A motor vehicle that does not have the required number of wheels or
tires, does not have one or more of its doors or windows, does not have an
engine or does not have a battery or lacks any other part which is necessary
to self-propel it.
MOTOR VEHICLE
Any device in, upon or by which any person or property is or may
be transported or drawn upon private land, public highways, streets or roads,
which is self-propelled, except by human power alone, or drawn by a self-propelled
vehicle.
PERSON
Any person, partnership, firm, association, corporation, company
or organization of any kind. When used in any provision prescribing a fine
or penalty, the word "person," as applied to partnerships, shall mean the
partners thereof, and as applied to a firm, association, corporation, company
or organization of any kind, shall mean the officers thereof.
The storing or keeping of an abandoned or junked motor vehicle, as defined
herein, by any person within the Township of Pine is hereby declared to be
a nuisance and is prohibited.
[Amended 12-21-1988 by Ord. No. 173]
Any person who places an abandoned or junked motor vehicle on any public
or private property or who permits an abandoned or junked motor vehicle to
be stored or kept outside and not enclosed within a building on his property,
and who fails to remove the same within 10 days after receiving written notice
to do so from a police officer of the Pine-Marshall-Bradfordwoods Police Department
or its successor shall be guilty of violating this chapter and, upon summary
conviction thereof, shall be subject to a fine not to exceed a maximum of
$300 plus costs of prosecution for each offense. Each calendar day in which
an abandoned junked motor vehicle is stored or kept in violation of this chapter
shall constitute a separate and distinct violation.
In addition to all other remedies or penalties, the Township of Pine
may institute legal proceedings in a court of law or in equity to obtain damages
and equitable relief from the offense herein defined as a nuisance.