Borough of Wenonah, NJ Chapter 66 Vehicles, Abandoned and Junked

[HISTORY: Adopted by the Mayor and Council of the Borough of Wenonah 6-24-2004 by Ord. No. O-04-3. Amendments noted where applicable.]

§ 66-1 Definitions: word usage.

A. The following terms, phrases and words as used in and for the purpose of this chapter shall be deemed to have the following meanings to include all vehicles propelled otherwise than by muscular power and designed to be driven or operated on the public streets, roads or highways, including but not limited to: "motor vehicle," "omnibus," "road tractor," "trailer," "truck," "truck tractor," "motorcycle" and "vehicle" are intended to have the meaning stated and defined in N.J.S.A. 39:1-1 et seq. of the Revised Statutes of the State of New Jersey.

B. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED MOTOR VEHICLE

Includes any motor vehicle, omnibus, road tractor, trailer, truck, motorcycle or vehicle which:

(1) Has remained on or about private property without the consent of the owner or other person so in charge of said property for a continuing period of more than 10 days; or

(2) Is not currently licensed or has no inspection, registration or identification marker for the current year; or

(3) Is found to be mechanically inoperative and is allowed to remain inoperative for a period of 10 days; or

(4) Is found without one or more tires; or

(5) Is not in current use for transportation of persons or property and has been discarded for use as a motor vehicle.

JUNK AUTOMOBILE, JUNK AUTOMOBILE BODY OR OTHER JUNK VEHICLE

Any vehicle which is discarded and/or no longer in actual use as a motor vehicle or such vehicle as is incapable of being operated safely or being put in a safe operational condition except at a cost in excess of the value thereof.

PERSON

Any individual, firm, partnership or corporation being the owner or having any possessory or legal rights in or to the motor vehicle or other vehicle as herein defined.

POLICE DEPARTMENT

The Police Department of the Borough of Wenonah.

REPAIR

That work performed or to be performed upon any vehicle, including but not limited to motors, ignition systems, transmission, drivetrain, electric system or body or fender work.

§ 66-2 Prohibited conduct.

A. It shall be unlawful for any person to store or permit to be stored on any property in the Borough of Wenonah an abandoned or junk vehicle, as defined herein, out of doors upon any private or public lands, streets or roadways within the Borough of Wenonah. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such vehicle in an enclosed garage, barn or other building, or in accordance with any provision of the Zoning Ordinance of the Borough of Wenonah.

B. No person shall authorize, permit, allow or suffer the repair, service or overhaul of any motor vehicle, of any description, upon any public parking lot, highway, street or alley within the Borough of Wenonah except when such repairs are necessary in an immediate emergency. Emergency repairs necessary to place said vehicle in operation may be made upon said public highway, street, parking lot or alley, provided that said emergency repairs can be completed in less than 60 minutes or unless an extra period of time has been granted by the person in charge of the Police Department at the time of the emergency.

C. Any person may keep for a period not exceeding 14 days on his own private property a vehicle which would otherwise be classified as "abandoned," provided that said vehicle is being kept for repair or sale. The property owner must immediately register such motor vehicle with the Chief of Police, and no more than one such vehicle may be so kept on the private land.

§ 66-3 Receipt of complaint; procedure.

A. Upon complaint of any resident or property owner of the Borough, or any employee of the Borough, the Chief of Police or his designated agent shall make an investigation of the conditions complained of and report thereon, in writing, as to the conditions found. Upon receiving such report, if the property in question about which the complaint was made is found to be in violation of this chapter, the Chief of Police, or the senior officer on duty shall notify the owner or possessor of the property personally, or by regular and Certified Mail, Return Receipt Requested, to take steps to effectively remove the violation from the property within 10 days after receipt of such notice.

B. The Chief of Police, or his designated agent, shall reinspect said lands after the ten-day period shall have expired, and if it is found that a condition complained of and previously found to exist in violation of this chapter has not been abated or remedied, such member of the Police Department shall direct the removal or securing of such vehicle to a garage or place for the impounding. The person owning the same shall first pay the reasonable cost of removal and storage which may result from such a removal before regaining possession of the vehicle.

C. If neither the owner of the motor vehicle, nor the person holding the security interest on the motor vehicle, nor the person in possession or control of the lot of land on which the motor vehicle was found reclaims the motor vehicle and pays said costs, fines and penalties and removes said motor vehicle within 30 days of the aforesaid notice, the motor vehicle shall be sold as provided for by N.J.S.A. 39:10A-1, et seq., and the money received from such sale shall be applied to payment of the reasonable costs of removal and storage of the motor vehicle, but if a buyer cannot be found, the motor vehicle shall be destroyed or otherwise disposed of in such manner as the Borough Council of the Borough of Wenonah shall deem most practicable.

§ 66-4 Violation and penalties.

A. Any person who violates the provisions of this chapter shall, upon conviction, be punished by a fine not exceeding $200 or by community service not exceeding 30 days, or both, at the discretion of the Judge of the Municipal Court of the Borough of Wenonah, and each day that such violation shall continue shall be deemed a separate offense.

B. 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 and impounding, and in the event that the violator is a property owner, 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.

C. A continuance of a violation or a noncompliance with the provisions of this chapter shall be deemed a nuisance, and the Borough of Wenonah shall have the right to apply to the courts of this state for injunctive relief or other relief in addition to the penalties provided herein.

§ 66-5 Severability.

Should any section, clause, sentence, phrase or provision of this ordinance be declared unconstitutional or invalid by a Court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.

§ 66-6 Repealer.

All prior ordinances or parts of ordinances inconsistent with this ordinance be and the same are hereby repealed to the extent of such inconsistencies.