[HISTORY: Adopted by the Township Council of the Township
of Washington 6-8-1970 by Ord.
No. 70-14 (Ch. 220 of the 1985 Code). Amendments
noted where applicable.]
[Amended 2-17-1987 by Ord. No. 87-1]
It is hereby determined and declared that the placing, abandoning,
leaving, keeping or storing out of doors or in the open of any vehicle
or motor vehicle that is abandoned or junked on public or private
lands in the Township of Washington is contrary and inimical to the
public welfare in that such articles so placed, abandoned, left, kept,
stored or junked attract or may attract persons of tender years 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,
stored or junked out of doors and in the open, exposed to the elements,
deteriorate and in themselves are unsightly, and, in deteriorating,
become more unsightly and detrimental to, and deteriorate the value
of properties in, the neighborhood where they are located and in the
Township of Washington as a whole. Further, the sale and repair of
vehicles and motor vehicles in the Township of Washington requires
regulation in order to advance the general welfare of the residents
of the Township of Washington and to prevent the deterioration in
the value of properties and neighborhoods in the Township of Washington.
It shall be unlawful for any person, firm, partnership or corporation
to cause, allow or permit vehicles or motor vehicles to be abandoned
or junked on any street or highway in the Township of Washington or
on any private lots, yards or anywhere in the open on private premises
owned by said person, firm, partnership or corporation.
As used in this chapter, the following terms shall have the
meanings indicated:
Not housed in a structure composed of four walls, roof and
doors and completely shielded from view.
Includes all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks.
Includes any land which is privately owned within the Township
of Washington.
Any land which is privately owned within the Township of
Washington which contains a dwelling, building, commercial establishment
or any other structure thereon.
Includes every device in, upon or by which a person or property
is or may be transported upon a highway, excepting devices moved by
human power or used exclusively upon stationary rails or tracks.
[Amended 2-17-1987 by Ord. No. 87-1]
For the purpose of this chapter, a vehicle or motor vehicle
shall be considered abandoned or junked if it is in such defective
condition as to be unable to be transported upon a highway or is unable
to be moved under its own power, or if it does not show proper license
plates and/or inspection certificate or is not being stored for purposes
of repair by a garage, gasoline station or repair shop. Storage in
the open for purposes of repair under this section shall not exceed
a period of two days; provided, however, that storage in the open
for purposes of repair by a garage, gasoline station or repair shop
shall not exceed a period of 15 days.
[Amended 2-17-1987 by Ord. No. 87-1]
When a violation is ascertained on private lots, yards or premises,
the owner or tenant of said property and the owner of said vehicle,
if ascertainable, shall be given two days' written notice by
the Office of Police to remove said vehicle from the property. Such
notice shall be by registered mail, addressed to said owner or tenant,
if any, at his last known address, and shall state the acts to be
performed by such owner or tenant as well as the penalty for failure
to comply with such notice. If said vehicle is not removed within
two days after service of said notice of removal, the Township of
Washington is hereby authorized to go upon the said property and remove
said abandoned or junked vehicle and charge the owner with the reasonable
costs of said removal. Said costs shall be added to the taxes next
to be assessed and levied upon such lands or premises, the same to
bear interest at the same rate as taxes and to be collected and enforced
by the same officers and in the same manner as taxes.
When the Township of Washington shall have taken possession
of a motor vehicle found abandoned, such taking of possession shall
be reported to the Director of the Division of Motor Vehicles, on
a form prescribed by him, for verification of ownership. When such
motor vehicle shall have remained 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 by the Office of Police.
The Office of Police shall give notice of such sale, by registered
or certified mail, to the owner of the vehicle if his name and address
be known and to the holder of any security interest filed with the
Director, and by publication in a form prescribed by the Director
of the Division of Motor Vehicles at least five days before the date
of sale in one or more newspapers published in the state and circulating
in the Township of Washington.
The owner or other person entitled thereto may reclaim possession
of the motor vehicle upon payment of the reasonable costs of removal
and storage of the vehicle and any fine or penalty or court costs
assessed against him under this chapter for violation thereof which
gave rise to the seizure or taking of possession of such vehicle.
If the Office of Police taking possession of a motor vehicle
pursuant to this chapter shall ascertain that such motor vehicle is
incapable of being operated safely or of being put in safe operational
condition except at a cost in excess of the value thereof, it shall
so certify to the Director of the Division of Motor Vehicles on an
application prescribed by him for the purposes of obtaining a junk
title certificate thereto with proper assignment thereon.
Upon the sale of any motor vehicle under this chapter by the
Office of Police for which no junk title certificate shall have been
issued or obtained from the Division of Motor Vehicles, the Township
of Washington shall execute and deliver to the purchaser an application
for a certificate of ownership prescribed by the Director of Motor
Vehicles in the same form and manner as provided in N.J.S.A. 39:10-15,
which shall also contain the name and address, if known, of the former
owner.
All proceeds of sale realized hereunder after payment of expenses
of possession and sale shall be paid into the general treasury of
the Township of Washington.
[Added 2-17-1987 by Ord.
No. 87-1]
No vehicle or motor vehicle shall be displayed for sale, lease,
junk or other disposition except by a resident of the premises at
which such display is conducted, with its registered license plates
affixed thereon, and provided further that no vehicle or motor vehicle
shall be so displayed unless the same is owned, individually or through
an entity not engaged in the business of selling or leasing vehicles,
by an individual residing at said premises. Not more than one such
vehicle shall be so displayed at any given time, nor shall any such
vehicle be owned by said resident for a period of less than two successive
months prior to such display for sale.
[Added 2-17-1987 by Ord.
No. 87-1]
No vehicle or motor vehicle shall be repaired at premises located
in the Township of Washington except by a resident of such premises,
with its registered license plates affixed thereon, and provided that
said vehicle or motor vehicle is owned by said resident, individually
or through an entity not engaged in the business of repairing vehicles.
Not more than one such vehicle shall be repaired at any given time.
[Added 2-17-1987 by Ord.
No. 87-1]
The Police Department shall be authorized to enforce the provisions
of this chapter.
[Amended 6-3-1985 by Ord.
No. 85-5]
[Added 12-3-1990 by Ord.
No. 90-13; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
In the event that a vehicle is impounded by the Police Department, physically taking possession of the vehicle within the Township of Washington and having the same towed and stored in the Township, a person lawfully entitled to reclaim the impounded vehicle shall be responsible to pay all costs of towing and storage, and, in addition thereto, such person shall pay to the Township of Washington a fee as set forth in Chapter 212, Fees, per diem for each day the vehicle is stored within the Township.
