[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.
[1997 § 326-2]
The following definitions shall apply in the interpretation
and enforcement of this chapter:
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any real property within the City which is not a 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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
