[HISTORY: Adopted by the Township Council of the Township of Montclair 9-16-2014 by Ord. No. O-14-032. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 327.
The Township Council hereby finds, determines and declares that the keeping, storage or abandonment of any motor vehicle not currently used for transportation, or not licensed for operation in the current year, out of doors within the limits of the Township is a nuisance and contrary to the public health, safety and welfare of the inhabitants of the Township, in that such articles so abandoned or stored may attract persons of tender years who may play in and about them and be injured in so doing and in that such vehicles so abandoned and stored out of doors exposed to the elements deteriorate and exposure to view of such motor vehicles is unsightly and detrimental to the character and appearance of the Township.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- A. Includes any motor vehicle, omnibus, motorcycle, road tractor, trailer, truck, truck tractor or vehicle which:
- (1) Has remained on or about private property or public property without the consent of the owner or other person so in charge of the property for a continuation period of more than 48 hours; and
- (2) Does not have current license plates or registration;
- (3) Is found to be partially dismantled, mechanically inoperative, wrecked, junked or discarded and is allowed to remain in such condition for a period of 48 hours;
- (4) Is found without one or more tires.
- B. This definition shall not be construed as prohibiting a vehicle owner from making repairs to one personal registered vehicle, on private property, with the property owner's consent, for a reasonable time not exceeding 30 days.
- MOTOR VEHICLE, OMNIBUS, ROAD TRACTOR, TRAILER, TRUCK, TRUCK TRACTOR AND VEHICLE
- Are intended to have the meanings stated and defined in N.J.S.A. 39:1-1 et seq.
Any person who violates or fails to comply with any of the provisions of this chapter, upon conviction thereof, and in addition to any towing charges, storage fees and other costs, shall be punished by a minimum fine of $100 and not exceeding $1,000 or by imprisonment in the county jail for any term not exceeding 90 days, or by both such fine and imprisonment. A separate offense shall be deemed committed each and every day during or on which such violation or noncompliance occurs or continues.
It shall be unlawful for any person to store or abandon or suffer or permit the storage or abandonment of any motor vehicle out of doors upon any public or private lands in any zone in the Township; provided, however, that nothing contained in this section shall be deemed to prohibit the placing, keeping or storage of any motor vehicle in a garage or other enclosed structure, and, in residential zones.
Enforcement officer. The Code Enforcement Inspector is hereby designated and appointed to enforce the provisions of this chapter. The Code Enforcement Inspector may authorize members of his or her department to make inspections, to prepare and serve notices and orders and to take all action necessary to secure compliance with the provisions of this chapter. The Code Enforcement Inspector shall seek and receive the cooperation of all other Township departments having jurisdiction over matters covered by this chapter.
Inspection of premises. All premises within the Township of Montclair covered by this chapter shall be subject to inspection from time to time by the Code Enforcement Inspector to determine the condition thereof in order that he or she may perform his or her duty of safeguarding the health and safety of the persons occupying and using the same and of the general public. For the purpose of making such inspections, the enforcing officer is herby authorized to enter, examine and survey at all reasonable times all such premises; provided, however, that such entries are made in such manner to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the enforcing officer free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access to that portion of the premises occupied by or in possession of such person at all reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this chapter or with any lawful rules or regulations adopted or any lawful order issued pursuant to the provisions of this chapter.
Where violations of the provisions of this chapter are brought to the attention of the enforcing officer, such officer or his or her duly authorized representative shall prepare a notice in writing setting forth all violations and shall order that the same be eliminated within 30 days. Such notice and order shall be delivered to the occupant or owner or operator or any or all of them, as the case may be, personally or by leaving the same with any person in charge of the premises. In the event that no such person is found upon the premises, service of notice and order shall be made by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises and by mailing, by certified mail, a copy thereof to the owner, operator or occupant at his or her last known post office address.