[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood 3-30-1978 by Ord. No. 7-78 (Ch. 97 of the 1977 Township
Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Abandoned,
Wrecked or Inoperative Motor Vehicle Ordinance."
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, omnibus, road tractor, trailer, truck,
truck-trailer or other vehicle as contained and defined in N.J.S.A.
39:1-1 et seq., which:
Is parked without the current year's registration or identification
markers as required by law;
Has been continuously parked in any public street or on any
public land for a period of seven days;
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;
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 Zoning and Law Enforcement Office);
or
Is found without one or more tires.
The sequestration of a motor vehicle, junk automobile or
junk automobile body at a place of storage.
Motor vehicle which has outlived its usefulness in original
form and is not currently in the process of being converted, altered
or restored. The process of being converted, altered or restored shall
not exceed the period of 60 days. The Zoning and Law Enforcement Officer
shall have authority to grant a maximum of three successive sixty-day
extensions for good cause shown.
Any motor vehicle, omnibus, road tractor, trailer, truck,
truck-tractor or other vehicle, and shall have the meaning 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, a motor vehicle or other
vehicle as herein defined.
A.
Abandonment prohibited. It shall be unlawful for any person to abandon
or suffer or 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 or on any public street or between the right-of-way
lines of any public 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.
C.
Presumption. If any motor vehicle, junk automobile or junk automobile
body shall be abandoned on private lands for seven 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.
Exclusion. Nothing herein contained shall be deemed to prohibit the
placing, keeping or storage of any motor vehicle, junk automobile
or junk automobile in a totally enclosed garage, barn or other building.
A.
Impounding vehicles. Whenever the Zoning and Law Enforcement Officer
of the Township finds any motor vehicle, junk automobile or junk automobile
body which has been abandoned, kept or stored contrary to the provisions
of this chapter, such enforcement officer shall remove, secure the
removal of and/or impound said motor vehicle, junk automobile or junk
automobile body in accordance with the procedures hereinafter set
forth:
(1)
Public property regulations. Whenever any motor vehicle, junk automobile or junk automobile body is found on any public street, highway or public property an emergency condition is herewith declared to exist, and the enforcement 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; after impoundment, the Enforcement Officer 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 Subsection A(3) below.[1]
(2)
Private lands 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, then the Township of Eagleswood
Zoning and Law Enforcement Officer shall cause the owner of the motor
vehicle, junk automobile or junk automobile body, if he can be found,
or the owner or tenant of the private lands upon which the violation
is occurring, to be given five days' written notice that said
violation exists; this notice shall be sent by registered mail to
the last known address of the owner of the motor vehicle, junk automobile
or junk automobile body and/or to 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, the Township of Eagleswood
Zoning and Law Enforcement Officer is authorized to proceed in accordance
with law to impound the motor vehicle, junk automobile or junk automobile
body and to remove said motor vehicle, junk automobile or junk automobile
body to a place of storage. Notice of the impoundment shall be given
to the owner of the motor vehicle, junk automobile or junk automobile
body or to the owner or tenant of the private land on which the violation
is occurring, in the manner hereinafter established.
(a)
Exclusion. 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 having on it a single-family
residential dwelling.
(3)
Notice of impoundment.
(a)
Notice of the 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 § 268-3C above, 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]
Location of the motor vehicle, junk automobile or junk automobile
body.
[3]
The reason for impoundment.
[4]
The amount and nature of penalties and costs that may be entered
against him.
[5]
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.
[6]
A statement of the time and place of sale.
(b)
The address of the owner as shown on the records of the State
Division of Motor Vehicles shall be deemed sufficient for the purpose
of this chapter.
B.
Sale of impounded vehicles. Whenever any motor vehicle, junk automobile
or junk automobile body impounded by the Zoning and Law Enforcement
Officer shall remain unclaimed by the owner or other person having
a legal right thereto for a period of 30 days, the same may be sold
at auction in a public place. The owner thereof or other person having
a legal right thereto shall be given notice of such sale by certified
mail, to the owner, if his name and address be known, and to the holder
of any security interest filed with the Director of the Division of
Motor Vehicles, and by publication in a form to be prescribed by the
Director of Motor Vehicles by one insertion, at least five days before
the date of the sale, in one or more newspapers circulated in the
Township.
At any time prior to the sale, the owner or other person entitled
thereto may reclaim possession of the motor vehicle, junk automobile
or junk automobile body upon payment of the reasonable costs of removal
and storage of the vehicle and any fine or penalty and court costs
assessed against him for violation which gave rise to the seizure
or taking possession of such vehicle.
Upon the sale of a motor vehicle, junk automobile or junk automobile
body pursuant to the provisions of this chapter, all claims of interest
therein shall be forever barred, and the proceeds realized therefrom,
after payment of the expenses of possession and sale, shall be remitted
to the Treasury of the Township of Eagleswood as its sole property.
A.
Any person who violates the provisions of this chapter shall, in
addition to such other penalties as may be prescribed, pay all costs
of removal, impoundment and sale not paid for out of the proceeds
of the sale mentioned above, and in the event that the violator is
a property owner as hereinabove defined, said costs and such other
fines and penalties as may be levied in accordance with this chapter
shall become a lien upon his property in accordance with law and shall
be collected in the manner ascribed and established for the collection
of liens.
B.
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, for each offense.
C.
Each and every day in which a violation of any of the provisions
of this chapter exists shall constitute a separate violation.
D.
A continuance of a violation or noncompliance with the provisions
of this chapter shall be deemed a nuisance, and the Township 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.
