It is hereby determined and declared that the placing, parking, abandonment,
leaving, keeping or storage out-of-doors on public or private property of
any motor vehicle not currently in use for transportation or not licensed
for the current license year with a currently dated inspection sticker, or
any unused machinery, machine, appliance, equipment or parts thereof, is contrary
and inimical to the public welfare in that such articles so placed, parked,
stored or abandoned attract or may attract persons of tender years, who, being
so attracted, may play in or about such articles and be injured in so doing,
and in that such articles so placed, abandoned or left out-of-doors, exposed
to the elements, deteriorate and in themselves are unsightly and are detrimental
to and depreciate the value of properties in the neighborhood where they are
located.
As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONED VEHICLE
Any vehicle which is continually present upon property longer than the time limitations outlined in §
397-3A through
C, inclusive, of this chapter.
INOPERABLE/JUNKED VEHICLE
Any vehicle which cannot be started upon request of the enforcement agent of this chapter, or for any other reason will not run, e.g., no battery, flat tires, no wheels, missing engine or parts necessary to operate vehicle on a street or highway. A vehicle shall also be considered inoperable if the owner refuses to start it. For the purpose of §
397-3A of this chapter, a vehicle shall also be considered inoperable if the vehicle cannot legally be operated on any street, road or highway, e.g., vehicle not legally registered, without current license plates or motor vehicle insurance in compliance with N.J.S.A. 39:6B-1 et seq.
PERSON
Any person, firm, partnership, association, corporation, company,
organization or legal entity of any kind or description.
PROPERTY
Any real property within the City which is not on a public street
or highway.
STREET OR HIGHWAY
The entire width between the curbs, or boundary lines of every way
publicly maintained when any part thereof is open to the use of the public
for purposes of vehicular traffic.
VEHICLE
Any motor vehicle, omnibus, road tractor, trailer, truck, truck-trailer
or other vehicle as defined in N.J.S.A. 39:1-1 et seq.
Whenever any motor vehicles, junk automobile, junk automobile body or any other article as more fully described in §
397-2 of this chapter is found on any private land in violation of the provisions of this chapter, the Director of the Police Department or his designee, the Director of the Department of Building, Engineering, Planning and Economic Development or his designee, or the Director of the Department of Community Services or his designee shall serve, or cause to be served, a notice in writing, either personally or by registered or certified mail, upon the owner, tenant, lessee or occupant of such property to remove such vehicle therefrom within a certain period of time, not less than 30 days after the date of service of such notice, to be specified therein. In the event that such vehicle is not removed within the time specified, a summons shall be issued for such violation.
The Police Department shall take possession of all abandoned motor vehicles
on public property and remove same to a storage place designated by the Director
of the Police Department.
Upon taking possession of an abandoned motor vehicle, the Police Department
shall follow the procedures established by P.L. 1964, c. 81 (N.J.S.A. 39:10A-1
et seq.), to sell such abandoned motor vehicle at public auction.
This chapter shall not apply to lawfully operated junkyards or to motor
vehicles located or stored in garages or other approved buildings.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not less than $250 nor more than $1,000 or
by imprisonment for a term not exceeding 90 days or both. A separate offense
shall be deemed committed on each day during or on which a violation occurs
or continues.