[HISTORY: Adopted by the Township Committee of the Township of Lumberton 12-17-1973 by Ord. No. 1973-19 as part of Ch. IV of the 1973 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED MOTOR VEHICLE
- Any vehicle propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks, found in any public street, highway or lands and not bearing current registration plates, remaining stationary and unused for more than 14 days consecutively on public streets, highways or lands or 30 days upon any private lands or premises.
- JUNK AUTOMOBILE or JUNK AUTOMOBILE BODY
- Any automobile which is no longer in actual use as a motor vehicle, which is wholly unfit without rebuilding or reconditioning for use.for highway transportation or which has been discarded for use as a motor vehicle.
No person shall place, abandon or leave, keep or store or suffer or permit the placing, abandoning, leaving, keeping or storage of any inoperable or abandoned vehicle out of doors upon any public or private land in the township or upon any street or highway within the township. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such vehicle in an enclosed garage, barn or other building nor shall this section apply to lawfully licensed junkyards.
No owner or occupier of any private lands or premises shall permit or suffer any inoperable or abandoned motor vehicle to be parked, left, stored or maintained on his lands for more than 30 days. It shall be presumed after 30 days that the owner or tenant in possession of the land left, placed, kept or stored the vehicle there or permitted or suffered it to be left, placed, kept or stored there.
It shall be unlawful for any person to place, keep, store or maintain a junk automobile or automobile body or, separately, the parts of an automobile, which are exposed outside of an enclosed building on any tract of land within the township unless the person is the holder of a junkyard license or unless such junk automobile bodies and parts are kept temporarily in the operation of a full-time business primarily conducted for the sale or repair of automobiles.
Whenever it shall appear to any member of the Police Department of the township that this chapter is being violated and that the land on which the violation exists is privately owned, he shall, in writing, notify the owner or tenant in possession of the land on which the violation exists to abate the violation by removing the article constituting the violation from the township or into an enclosed garage, barn or other building within 10 days of the service of the notice. The notice shall be served upon such owner or tenant if he resides in the township personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years; and if he resides outside the township, by registered or certified mail addressed to him at his usual residence if ascertainable, otherwise by notice published in the local newspaper.
The owner or tenant shall abate the violation within the time fixed by the notice.
In the event that the owner or occupant of the lands shall refuse or neglect to abate or remedy the violation complained of after expiration of the time set forth in the notice, the Police Department shall cause the violation to be abated and remedied and shall certify the cost thereof to the Township Committee, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as taxes and to be collected and enforced by the same officers and in the same manner as taxes. Costs shall be in addition to any penalty imposed for a violation of this chapter.
Where removal is made of items, in accordance with Subsection A above, belonging to a possessor or tenant of the lands other than the title holder of the lands and premises, the possessor or tenant shall be subject to the penalty set forth in § 263-9, and the cost of removal shall be included as court costs.
Whenever a violation of this chapter exists upon public lands, streets or highways, the vehicle shall be taken in possession by the Police Department which shall direct its removal to a storage place.
Upon the taking into possession of an abandoned inoperable or junk motor vehicle, the Police Department shall follow the procedures established by N.J.S.A. 39:10A-1 et seq., or any amendments or supplements thereto, to sell such vehicle at public auction.
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.