[Ord. #172, § 1]
This section is adopted for the preservation
of the public health, welfare and safety in that old or deteriorating
vehicles, machinery and other junk are not merely unsightly but are
attractive to young children who may be injured when playing in the
neighborhood, and also breed disease when becoming infested with vermin
and trapping foul water. It is the objective of this section to remove
the causes of such effects.
As used in this section:
Shall be included in the word "junk" and shall include and
mean all fully assembled or dismantled automobiles, motorcycles, trucks,
motor vehicles, tractors and other vehicles propelled by other than
muscular power and capable of transporting passengers or merchandise
when assembled. For the purpose of this chapter, the term "dismantled"
shall mean taken apart or made unusable for its original purpose.
Shall mean any building in which a motor vehicle is or may
be stored.
Shall mean any apparatus or device, of whatever material,
or any part or parts thereof, which may be discarded or be placed
out of doors without protective covering. Any such apparatus or device
placed on the land or property of another person without the consent
and permission of the owner of such land or property shall be deemed
discarded junk.
Shall mean all property other than public.
Shall mean all property devoted to public use, including
those whereon public buildings are erected, and all streets, roads
or highways however designated.
[Ord. #172, § 2; Ord. #868, § 1]
[Ord. #172, § 3]
a.
Nothing contained in this section shall limit, prevent
or restrict the Township or its representative or employees in collecting,
storing or disposing of junk.
b.
Nothing contained in this section shall limit, prevent
or restrict any person from delivering and disposing of junk at the
municipal landfill, provided always, however, that such junk is acceptable
at the municipal landfill and is delivered and disposed of in accordance
with the rules, regulations and requirements pertaining thereto.
[Ord. #172, § 4]
a.
This section shall not apply to materials stored within
any building, except a building used for or in connection with junk
business or with the business of storing junk.
b.
Nothing contained in this section shall mean or be
construed as a right or privilege to make use of any land or building
contrary to the Township zoning ordinance.
c.
Nothing contained in this section shall be construed
to be contrary to the Motor Vehicle Junk Law (N.J.S.A. 39:11-1 et
seq.) but no consent or approval of any motor vehicle junk business
or motor vehicle junk yard is hereby made or intended.
[Ord. #172, § 5; Ord. #868, § 2]
Any motor vehicle parked or placed on public
or private lands and not within a garage shall be deemed automotive
junk, whether the motor vehicle is licensed or unlicensed, if: (a)
it is not currently registered; or (b) it does not bear proper registration
plates or tags; or (c) it does not display a current motor vehicle
inspection sticker of the state in which it is registered.
[Ord. #172, § 6]
a.
No person shall park, deposit, discard or place any
junk or automotive junk on the lands of another without the express
permission of the owner of such lands and then only as is required
by this section.
b.
No person shall park, deposit, discard or place any
junk or automotive junk on any lands owned or occupied by him, except
in accordance with the requirements of this section.
[Ord. #172, § 7]
a.
The police department shall take possession of any
abandoned motor vehicle.
b.
Upon taking possession of an abandoned motor vehicle
for the Township as the public agency, the chief of police shall cause
an immediate report thereof to be made to the Director of the Division
of Motor Vehicles and as provided by N.J.S.A. 39:10-1 et seq., shall
cause notice and advertisement of sale of the motor vehicle to be
made and otherwise perform the statutory requirements.
c.
Upon the owner or person entitled to possession of
an abandoned motor vehicle reclaiming possession thereof, such owner
or other person shall pay all reasonable costs of removal and storage
and any fine and court costs incurred in connection with such taking
possession in order to be entitled to recover such motor vehicle.
d.
If such motor vehicle is not claimed by the owner
or other person entitled thereto or if the costs of removal and storage
and fine and court costs, if any, remain unpaid, the chief of police
shall cause the motor vehicle to be sold or disposed of as provided
by N.J.S.A. 40:10A-1 et seq.
[Ord. #188, § 8]
a.
Upon any junk or automotive junk being found abandoned
in a public place, the chief of police shall cause the same to be
removed and disposed of and, upon the owner or person responsible
for abandoning such junk being ascertained, shall cause proper prosecution
of this section to be instituted.
b.
Upon any junk or automotive junk being found abandoned
on any private lands, the chief of police shall cause notice thereof
to be given to the owner or occupant of such lands. If the owner or
occupant disclaims ownership thereof, the chief of police shall cause
such junk or automotive junk to be removed and disposed of, but if
it is ascertained that the owner or occupant of the land is the owner
of such junk or automotive junk or responsible for the abandonment
thereof, then the chief of police shall initiate legal proceedings
against such owner or occupant for violation of this section and also
for recovery of the costs and expenses incurred in the removal and
disposal of such junk or automotive junk.
c.
Upon ascertaining the name of the owner of any junk
or automotive junk that has been removed or disposed of by the Township,
or of the person responsible for the abandonment thereof, the chief
of police shall cause prosecution of the owner or other person for
violation of this section and also for the expense and costs of the
removal and disposal of such junk or automotive junk.
d.
Upon the name of the owner of such junk or automotive
junk or of the person responsible for the abandonment thereof being
ascertained before removal thereof, where the abandonment is on private
lands, by whomever owned, such owner or other person shall be notified
in writing that a violation of this section exists and that such junk
or automotive junk must be removed within 10 days by such owner or
other person and that in default thereof such owner or other person
will be guilty of a violation of this section and subject to prosecution
therefor, and that the junk or automotive junk will be removed by
the Township and the cost and expense of the removal and disposal
thereof will be charged to such owner or other person, unless removed
and disposed of according to law. Upon failure of such owner or other
person to comply with such notice, the chief of police shall cause
prosecution to be instituted against such owner or other person for
violation of this section and for recovery of the costs and expenses
incurred in removing and disposing of such junk or automotive junk.
[Ord. #188, § 9]
a.
Any person disposing of, placing, parking, depositing,
discarding or abandoning any junk or automotive junk contrary to the
provisions of this section shall be guilty of a violation hereof.
b.
Any person failing, refusing or neglecting to remove
or dispose of any junk or automotive junk as required by this section
or by any notice given pursuant to the provisions of this section
shall be guilty of a violation of this section.
