Township of Mullica, NJ: Exceptions.

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."

PERSON

Includes partnerships and corporations. Masculine gender shall include the feminine and the neuter genders; and the single number shall include the plural number.

§ 235-2 Storage limited.

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.

§ 235-3 Exceptions.

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.

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.

§ 235-4 Space requirements.

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.

§ 235-5 Procedure for complaint of violation.

[Amended 4-9-1985 by Ord. No. 7-85]

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.

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.

§ 235-6 Violations and penalties.

[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.