The Borough Council hereby finds, determines and declares that the keeping,
storage or abandonment of any motor vehicle not currently used for transportation
or not licensed for operation in the current year, upon open lands within
the limits of the Borough, is hereby declared to be a nuisance and contrary
to the public health, safety and welfare of the inhabitants of the Borough,
in that such articles so abandoned or stored attract or may attract persons
of tender years who may play in and about them and be injured in so doing
and in that such vehicles so abandoned and stored out of doors and exposed
to the elements deteriorate, and the exposure to view of such motor vehicles
is unsightly and detrimental to the character and appearance of the Borough.
The following terms, phrases and words, as used in and for the purpose
of this chapter, shall be deemed to have the following meanings:
ABANDONED MOTOR VEHICLE
A.
Includes any motor vehicle, omnibus, road tractor, trailer, truck, truck
tractor or vehicle which:
B.
Has remained on or about private property or public property without
the consent of the owner or other person so in charge of said property for
a continuing period of more than 48 hours;
C.
Does not have current license plates or registration;
D.
Is found to be partially dismantled, mechanically inoperative, wrecked,
junked or discarded and is allowed to remain in such condition for a period
of 48 hours;
E.
Is found without one or more tires and is allowed to remain in such
condition for a period of 48 hours; or
F.
Is so disabled as to constitute an obstruction to traffic, and the driver
or person owning or in charge thereof neglects or refuses to move the same
to a place where it shall not obstruct traffic.
G.
This definition shall not be construed as prohibiting a vehicle owner
from making repairs to one personal, registered vehicle, on private property,
with the property owner's consent, for a reasonable time not exceeding 30
days.
It shall be unlawful for any person to store or abandon or suffer or
permit the storage or abandonment of any motor vehicle as defined herein out
of doors upon any public or private lands in the Borough of Netcong, or on
any public street; provided, however, that nothing herein contained shall
be deemed to prohibit the placing, keeping or storage of any such motor vehicle
in a garage or other enclosed structure within the Borough.
The provisions of this chapter shall not apply to a vehicle on the premises
of a business enterprise operated in a lawful place and manner, when necessary
to the operation of the business enterprise, or a vehicle in an appropriate
storage place or depository maintained in a lawful place and manner by the
Borough of Netcong.
[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Article
I of Chapter
1 of the Code of the Borough of Netcong.