[HISTORY: Adopted by the Township Committee of the Township of Mullica 7-11-1973.
Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined as
follows:
Any motor vehicle that is incapable of normal operation which is not located on a premises licensed as a junkyard under a certain ordinance of the Township of Mullica under Chapter 140 of the Code of the Township of Mullica, Atlantic County, New Jersey, entitled "Junkyards."
Includes partnerships and corporations. Masculine gender shall include
the feminine and the neuter genders; and the single number shall include the
plural number.
No more than one inoperative motor vehicle shall be kept, stored or
maintained on any land and premises situate in the Township of Mullica, County
of Atlantic and State of New Jersey.
A.Â
Notwithstanding the provisions of § 235-2 of this chapter, such commercial enterprises as a gas station, an automobile repair shop or a new or used car dealer shall be permitted to store in open storage on said business premises not more than nine inoperable motor vehicles owned by the proprietor of said enterprise which are not in the process of being repaired.
B.Â
For the purpose of § 235-3 of this chapter, any inoperable motor vehicle not owned by a person operating a business set forth in § 235-3 of this chapter, located on said business premises shall not count against said nine-car limitation. Anyone maintaining that an inoperable motor vehicle which is stored on his premises is not owned by him, shall have the burden of providing ownership by a third party. Any vehicle stored on said premises more than 90 days shall be considered for all purposes of this chapter as owned by the proprietor of the business.
No business qualifying within the provisions of § 235-3 of this chapter shall store more inoperable motor vehicles within the nine-car limitation as hereinabove set forth than one inoperable motor vehicle for every 1,000 square feet of open storage space available on the premises of said business. This section shall not be construed in any way as enlarging said nine-car limitation but shall limit said nine-car limitation for any business qualifying within the provisions of § 235-3 of this chapter which does not have a total of 9,000 square feet of open storage space of the premises.
[Amended 4-9-1985 by Ord.
No. 7-85]
A.Â
Any individual desiring to complain of a purported violation
of this chapter shall make said complaint in writing to the office of the
Township Clerk of the Township of Mullica. Upon said complaint's being made
to the Township Clerk, he shall, as soon thereafter as is convenient, notify
the Zoning Officer of the complaint and the premises complained of. The Township
Clerk shall make an appropriate record of the time and date when the Zoning
Officer is so notified. Within seven days after the Zoning Officer is notified
of the complaint by the Township Clerk, he shall either serve a notice upon
the owner or occupant of the premises to remove the violating vehicle from
the premises or shall report in writing to the Township Clerk that he has
investigated the premises. The owner or occupant of the premises so served
with a notice to remove an inoperable vehicle or vehicles shall have 15 days
from the date he is served with said notice to remove the vehicles in violation
from the premises. Upon the Zoning Officer's serving said notice upon an alleged
violator, he shall, within two days from the date of service, notify the Township
Clerk of the time and date said notice was served. Should the violating vehicle
or vehicles not be removed before the 16th day after the service of said notice,
the Zoning Officer shall immediately file a complaint under this chapter with
the Clerk of the Mullica Township Municipal Court.
B.Â
This chapter shall be enforced by the Zoning Officer
of the Township of Mullica, and said Zoning Officer shall be the complainant
of all complaints made under this chapter. Nothing contained within the first
subsection of this section shall be construed to prohibit or impair in any
way the right of the Zoning Officer to make a complaint under this chapter
on his own initiative. In any proceeding brought by the Zoning Officer in
cases other than those initiated through an individual complaint, the Zoning
Officer shall, upon becoming aware of the violation, immediately serve a notice
upon the owner or occupant of the premises to remove the violating vehicle
or vehicles from the premises. The owner or occupant of the premises so served
with a notice to remove an inoperable vehicle or vehicles shall have 15 days
from the date he is served with said notice to remove the vehicle or vehicles
in violation from said premises. Should the violating vehicle or vehicles
not be removed before the 16th day after the service of said notice, the Zoning
Officer shall immediately file a compliant under this chapter with the Clerk
of the Township of Mullica Municipal Court.
[Added 7-10-1990 by Ord.
No. 10-90]
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to the payment
of a fine not exceeding $200 or to imprisonment for a period not exceeding
90 days or not more than 30 days' community service, provided that the court
shall have the power, in its discretion, to impose a sentence of both fine,
community service and imprisonment not exceeding the maximum limits herein
fixed. Each succeeding violation shall be construed to be a new violation.
