[HISTORY: Adopted by the Township Council of the Township
of Montclair 9-16-2014 by Ord. No. O-14-032. Amendments noted
where applicable.]
GENERAL REFERENCES
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:
Includes any motor vehicle, omnibus, motorcycle, road tractor,
trailer, truck, truck tractor or vehicle which:
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
Does not have current license plates or registration;
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;
Is found without one or more tires.
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.
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.
A.
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.
B.
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.
C.
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.
