[HISTORY: Adopted by the Township Committee of the Township of Hamilton
4-3-1989 by Ord. No. 989-89; amended in its entirety 5-16-2005
by Ord. No. 1528-2005. Subsequent amendments noted where
applicable.]
It is hereby determined and declared that the abandonment or outside
storage of any motor vehicles not currently in use for transportation, whether
or not currently licensed or registered, on any public or private property
within the Township of Hamilton, is contrary and harmful to the public welfare.
Such articles so abandoned or stored can create an attractive nuisance. Some
such vehicles so abandoned or stored outside deteriorate, causing a deleterious
effect on the environment and possible contamination of groundwater. Such
articles are unsightly and as such are detrimental to and depreciate the value
of property in the neighborhood and effect the entire Township and, further,
that said abandoned vehicles constitute a danger to the public health and
safety.
Except where the provisions of this chapter are in conflict with Ordinance
247-61 and Ordinance 358-68,[1] the following terms, phrases and words used in and for the purpose
of this chapter shall be deemed to have the following meanings:
Any motor vehicle as set forth below:
Any motor vehicles registered at the address upon which they are located
wherein any of more than two vehicles have expired inspection stickers or
are without valid license plates for 30 days or more.
Any motor vehicles not registered at the address upon which they are
located wherein:
Any of more than two vehicles have expired inspection stickers or are
without valid license plates for seven days or more.
Is found to be mechanically inoperative and is allowed to remain inoperative
for seven days. Said period of time may be extended for good cause by the
Police Department.
Is without one or more tires for seven days.
Any motor vehicle that has been reported as abandoned by the property
owner or resident.
Any motor vehicle which:
Is parked for 48 hours with an expired sticker or without valid license
plates.
Has been continuously parked in any public street or on any public land
for a period of 10 days.
Is so disabled as to constitute an obstruction of traffic and the driver
or person owning or in charge thereof neglects or refuses to move same to
a place where it shall not obstruct traffic.
Is found to be mechanically inoperative and is allowed to remain inoperative
for a period of seven days. (Said period of time may be extended, for good
cause, by the Police Department.)
Is found without one or more tires for 24 hours.
The sequestration of the motor vehicle, junk automobile or junk automobile
body at a place of storage.
Any automobile which is no longer in actual use as a motor vehicle
or which is wholly unfit, without rebuilding or reconditioning, for use in
highway transportation or which has been discarded for use as a motor vehicle
or otherwise abandoned.
Any motor vehicle, omnibus, road tractor, trailer, truck, truck-tractor
or other vehicle, including watercraft, and shall have the meaning as ascribed
to the foregoing words as contained and defined in N.J.S.A. 39:1-1 et seq.
Any individual, firm, partnership or corporation being the owner
of or having any legal right in or to the motor vehicle or other vehicle as
herein defined.
A junkyard or other approved storage area, but any such junkyard or other storage area is subject to any and all provisions contained in this chapter, specially § 288-3, and any and all other ordinances of the Township of Hamilton.
The Police Department of the Township of Hamilton.
A.
Abandonment prohibited. It shall be unlawful for any
person to abandon or suffer to permit the abandoning of any motor vehicle,
junk automobile or junk automobile body out-of-doors upon any public or private
lands in the Township of Hamilton or on any public street or between the right-of-way
therein.
B.
Storage prohibition. No person shall place, keep or store
any junk automobile or junk automobile body, as heretofore defined in this
chapter, on any public or private property within the Township of Hamilton.
C.
Presumption. If any motor vehicle, junk automobile or
junk automobile body shall be abandoned on private lands for 10 days or more,
it shall be presumed that the owner or tenant in possession of said land has
abandoned it there or permitted or suffered it to be abandoned there.
D.
Storage permitted. Nothing herein contained shall be
deemed to prohibit the placing, keeping or storage of any motor vehicle, junk
automobile or junk automobile body in a totally enclosed garage, barn or other
building, or so located upon the premises as not to be readily visible from
any public place or from any surrounding private property.
A.
Public property regulations. Whenever any motor vehicle, junk automobile or junk automobile body is found abandoned on any public street, highway or public property, an emergency condition is herewith declared to exist, and any officer of the Township of Hamilton Police Department or the Environmental Officer is hereby authorized to immediately remove, secure the removal of and/or impound the motor vehicle, junk automobile or junk automobile body without the necessity of notice prior to said impoundment. The Township or afore-said persons shall use diligent efforts to identify and locate the owner of the impounded motor vehicle, junk automobile or junk automobile body and notify the owner in accordance with § 288-4C below.
B.
Private land regulations. Whenever any motor vehicle,
junk automobile or junk automobile body is found on any private land in violation
of the provisions of this chapter or if probable cause exists that a violation
of this chapter exists, then any officer of the Township of Hamilton Police
Department or the Environmental Enforcement Officer shall cause the owner
of the motor vehicle, junk automobile or junk automobile body, if he/she can
be found, or the owner or tenant of the private lands upon which the violation
is occurring, to be given written notice that said violation exists and must
be abated within five days; said notice shall be given by registered mail
or courier, sent to the last known address of the owner of the motor vehicle,
junk automobile or junk automobile body and/or the owner or tenant of the
property. In the event that at the expiration of five days the violation of
the provisions of this chapter still exists, any member of the Township of
Hamilton Police Department or the Environmental Enforcement Officer is authorized
to proceed in accordance with the law to issue a summons to the owner of the
motor vehicle, junk automobile or junk automobile body, if he/she can be found,
or the owner or tenant of the private lands upon which the violation is occurring.
(1)
Exclusions. Nothing heretofore mentioned shall be deemed
to prevent any of the following activities from being conducted on private
lands under the conditions or by the people referred to:
(a)
One motor vehicle, within the definition set forth above,
which does not possess the current year's registration, may be maintained
on a single parcel of land.
(b)
Any person may maintain motor vehicles altered for drag
or stock car racing as long as said motor vehicles are maintained on registered
trailers.
(c)
Motor vehicles being held for sale or resale in a commercial
zone by businesses properly registered and meeting all required municipal
regulations are exempt from the provisions of this chapter.
(d)
Owners of a motor vehicle which would otherwise come under the provisions of this chapter who are in the military service stationed outside of the State of New Jersey shall be exempt from the provisions of this chapter in accordance with the terms and conditions set forth in Subsection B(1)(a) above, but shall not exceed two motor vehicles which do not possess the current year's registration.
(e)
Owners of antique motor vehicles, which are classified
as such under state statutes, are exempt from the provisions of this chapter.
(2)
Exempt certificates. Any person who possesses, owns or maintains a motor vehicle covered under any one of the exclusions referred to above shall obtain from the Chief of Police an exempt certificate, which shall indicate that the motor vehicle in question comes under one of the exclusions referred to in Subsection B(1) above. Said exempt certificate shall be valid for two years from the date of issuance. All owners or exempt certificates shall display the exempt certificates on the windshield or other prominent place on the motor vehicle in question so that it is readily observable by the enforcement officers under this chapter. Exempt certificate holders may be required at any time to validate their exemption to maintain their exempt status. No fees shall be charged for the issuance of an exempt certificate.
C.
Notice of impoundment. Notice of impoundment of any motor vehicle, junk automobile or junk automobile body shall be given to the owner of said motor vehicle, junk automobile or junk automobile body or to the owner or tenant of lands upon which a violation is occurring pursuant to § 288-4A and § 288-5C herein, in writing, by registered mail, at the last known address of the party to be served, and shall contain the following:
(1)
The time and place of impoundment.
(2)
The reason for impoundment.
(3)
The amount and nature of penalties and costs that may
be entered against him/her.
(4)
A statement that a sale of the motor vehicle, junk automobile
or junk automobile body will occur after 60 days if the motor vehicle, junk
automobile or junk automobile body is not reclaimed.
A.
Any person who violates any provision of this chapter
shall, upon conviction, be punished by a fine not exceeding $500 or by imprisonment
not exceeding 90 days, or both, at the discretion of the Municipal Judge,
and each day the violation shall continue shall be deemed a separate offense.
B.
A continuance of a violation or a noncompliance with
the provisions of this chapter shall be deemed a nuisance, and the Township
of Hamilton shall have the right to apply to the courts of this state for
injunctive relief or other relief in addition to the penalties provided for
herein.
C.
Upon violation of the provisions of this chapter, and in addition to such other penalties as may be prescribed, any motor vehicle, junk automobile or junk automobile body found in violation of this chapter may be impounded and sold at a public auction. The Township shall use diligent efforts to identify and locate the owner of the impounded motor vehicle, junk automobile or junk automobile body and notify the owner in accordance with § 288-4C above. All fines and penalties as may be levied in accordance with this chapter as well as costs of removal, impoundment and sale not paid for out of the proceeds of said sale shall become a lien in accordance with law upon the property of any person who violates the provisions of this chapter and be collected in the manner ascribed and established for the collection of liens.
