City of Absecon, NJ
Atlantic County
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Table of Contents
Table of Contents

§ 326-1 Legislative determination.

[1997 § 326-1]
It is hereby determined and declared that the placing, abandonment, leaving, keeping or storage out-of-doors of any motor vehicle not currently in use for transportation and not licensed for the current license year or any other unused machinery or equipment on public or private lands in the City is contrary and inimical to the public welfare in that such articles so placed, abandoned, left, kept or stored attract or may attract children who, being so attracted, may play in and about them and be injured in so doing and in that such articles so placed, abandoned, left, kept or stored out-of-doors, exposed to the elements, deteriorate and in themselves are unsightly and, deteriorating, become more unsightly and are detrimental to and depreciate the value of properties in the neighborhood where they are located and in the City as a whole.

§ 326-2 Definitions.

[1997 § 326-2]
The following definitions shall apply in the interpretation and enforcement of this chapter:
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY
Any real property within the City which is not a street or highway.
STREET or HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE
A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, an automobile, truck, trailer, motorcycle, tractor, buggy and wagon.

§ 326-3 Out-of-door storage restricted.

[1997 § 326-3]
No person shall place, abandon or leave, keep or store or suffer or permit the placing, abandoning, leaving, keeping or storage of any article described in Section 326-1 of this chapter out-of-doors upon any public or private land in the City or between the right-of-way side lines of any street or public highway. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed garage, barn or other building. In the event that there is no garage, barn or other building on the premises, then the owner may keep and store one article in the rear yard of the premises, provided that it is completely covered by tarpaulin or other covering at all times when not being worked upon.

§ 326-4 Presumptive evidence.

[1997 § 326-4]
If any article described in Section 326-1 of this chapter shall be left, placed, kept or stored on private lands for 15 days or more, it shall be presumed that the owner, tenant or occupant in possession of said land left, placed, kept or stored it there or permitted or suffered it to be left, placed, kept or stored there.

§ 326-5 Service of notice for violation.

[1997 § 326-5]
Whenever it shall appear to any member of the Police Department or the Zoning Officer or his representative that Section 326-3 of this chapter is being violated and that the land on which the violation exists is privately owned, he shall, in writing, notify the owner, tenant or occupant in possession of the land on which the violation exists to abate the violation by removing the article or articles constituting the violation from the City or into an enclosed garage, barn or other building or by covering the same when no garage, barn or other building exists within 10 days of the service of the notice, which notice shall be served upon such owner, tenant or occupant, if he resides in the City, personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years, but, if any such owner, tenant or occupant shall reside outside the City, the notice shall be served upon him by registered or certified mail addressed to him at his usual residence, if ascertainable, otherwise by notice published in the newspaper in which the legal notices of the City may be published, and said owner, tenant or occupant shall so abate the violation within the time fixed by the notice.

§ 326-6 Procedure by Police Department or Assistant Zoning Officer upon violation.

[1997 § 326-6]
Whenever it shall appear to any member of the Police Department of the City or the Assistant Zoning Officer that Section 326-3 of this chapter is being violated and that the violation exists on public lands or between the right-of-way side lines of any public street or public highway, he shall:
A. 
Determine whether any article constituting the violation constitutes or may constitute a traffic hazard, and, if so, he shall move it or cause it to be moved to a nonhazardous location or into an enclosed storage place.
B. 
Ascertain, if he can, who is the owner of the article or articles and shall, in writing, notify such owner to abate the violation forthwith and in all events within 10 days after the service of the notice upon him, which notice shall be given as required in Section 326-5 for the service of notice thereunder.
C. 
If any article constituting the violation constitutes or may constitute a traffic hazard and it cannot be moved to a nonhazardous location or if the name cannot be ascertained or if the violation shall be not abated in the time required by the notice given under the foregoing paragraph B., he shall:
(1) 
Determine whether the article or articles have a value in excess of the cost of moving it or them to enclosed storage and the cost of storing it or them for three months in the case of motor vehicles and for six months for all other articles.
(2) 
Unless the article or articles appear to have a value clearly in excess of such cost, arrange, if he can, for the removal of it or them by someone who will undertake that removal without cost to the City, but otherwise he shall arrange for that removal at the expense of the City to an authorized dump.
(3) 
If the article or articles appear to have a value clearly in excess of said cost, remove it or them or cause it or them to be removed at the expense of the City to enclosed storage.
(4) 
If the article or articles are removed under the foregoing paragraph A or paragraph C(2) or (3), give notice, in the manner required by Section 326-5 for service of notice thereunder, to the owner of that removal and of the place to which the article or articles have been removed and of the owner's right to reclaim it or them by paying the cost of removal and interim storage charges.

§ 326-7 Noncompliance.

[1997 § 326-7]
In the event that the name and address of the owner of the article cannot be ascertained or if the owner has not been abated in the time required by the notice, the Police Department may take possession of the article or articles in as or the same in the procedure established by N.J.R.S. 12A:9-201 or as otherwise may be provided by law.

§ 326-8 Violations and penalties.

[1997 § 326-8]
Anyone who shall violate this chapter may be fined not more than $500 or be imprisoned in the City jail for not more than 90 days, or both, in the discretion of the judge before whom he may be convicted.