[HISTORY: Adopted by the Town Council of the Town of Belvidere 4-10-2017 by Ord. No. 2017-01. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, firm, partnership, association, corporation,
company, organization or entity of any kind, with the exception of
duly organized fire, ambulance and rescue squads.
All nonpublic residential and commercial real property within
the Town of Belvidere, including residential lots, multifamily dwellings,
condominiums and townhouses, retail establishments, office buildings
and commercial/industrial buildings.
All property devoted to public use, including public roads,
rights-of-way and property whereon public buildings are erected.
With respect to private property, the term "vehicle" shall
be defined to mean passenger automobiles, motorcycles, and commercial
automobiles, as defined in the Motor Vehicles and Traffic Regulations
of the State of New Jersey, N.J.S.A. 39:1-1. Vehicle shall also include
all parts, tools, tires and other vehicle accessories and equipment.
With respect to public property, the term "vehicle" shall be defined
to mean every device in, upon or by which a person or property is
or may be transported upon a highway, including trailers, as these
terms are defined in the Motor Vehicles and Traffic Regulations on
the State of New Jersey, N.J.S.A. 39:1-1.
A.
No person shall park, abandon, leave, keep or otherwise store any
vehicle on private property in the Town of Belvidere, for a period
of more than 30 days, except in an enclosed garage, barn or other
building, or behind a fence that prevents the vehicle from being visible
to adjoining property owners or the public at large.
B.
No person shall park, store, abandon or otherwise keep any motor
vehicle on public lands, except as expressly permitted by parking
regulations or as authorized by an officer of the Belvidere Police
Department.
The prohibition on the outdoor storage of vehicles on private property as set forth in § 481-2A shall be subject to the following exceptions:
A.
Vehicles that have a current registration and display proper license
plates such as to be operable on the public highways in the State
of New Jersey.
B.
Any vehicle that is unregistered, or whose registration is expired,
provided that said vehicle is owned by the owner or occupant of the
property where stored and:
(1)
Is properly covered with a car cover, tarpaulin or other appropriate
cover suitable for the type of vehicle in question;
(2)
The area around where the vehicle is stored is properly maintained
and kept clear of brush, grass and weeds;
(3)
Is not be kept in the front yard;
(4)
Is set back at least 10 feet from any property line; and
(5)
All parts, tools, tires, or other vehicle accessories and equipment
are properly covered.
C.
Vehicles properly registered as historic vehicles pursuant to the
rules and regulations of the New Jersey Division of Motor Vehicles.
E.
New or used automobile dealers that are licensed by the State of
New Jersey for the purpose of displaying vehicles for sale to the
general public and have received zoning approval will be exempt from
this article as long as they hold a current dealer's license
and do not retain vehicles on their lot that are not salable vehicles.
F.
Licensed service stations (repair garages) and auto body repair shops
will also be exempt from the provisions of this article as long as
they are licensed by the State of New Jersey for the type of business
they are conducting and have received zoning approval for the area
where they are operating. They shall maintain a neat and orderly lot
and limit the number of vehicles that are being kept on the lot for
repairs, according to the size of the available space. No vehicle
shall be kept on the lot for more than 30 days awaiting repairs.
A.
The agencies and officers in the Town of Belvidere that shall be
charged with the enforcement of this chapter are the Zoning Officer,
the Belvidere Police Department and its Police Officers and the County
Board of Health or its designated representative. These agencies or
officers may act individually or in conjunction with one another in
the enforcement of this chapter.
B.
When a violation is observed, other than on municipal property or
a public street, the enforcing officer or agency may, in the exercise
of discretion, provide reasonable notice and an opportunity to abate
the violation to the owner or occupant of the property that a violation
occurs. Notice may be verbal or in writing and under no circumstances
shall notice be a precondition for the issuance of a summons or complaint.
Whenever a violation of this chapter occurs on Town property
or any public roads or right-of-ways within the Town Belvidere, enforcement
of this chapter shall be exclusively by the Belvidere Police Department
in accordance with the following standards:
A.
If a vehicle constitutes or may constitute a traffic hazard to the
public, it may be removed by a licensed towing operator to the place
of business of the tow operator until the owner shall come to claim
it.
B.
If a vehicle is not creating a traffic hazard, the Police Department
shall endeavor to make a good-faith effort to contact the registered
owner of the vehicle and arrange for its removal prior to having the
same removed by a licensed towing operator.
C.
If a vehicle is parked on public property due to it becoming mechanically
disabled during operation, the owner/operator shall be afforded a
reasonable opportunity to arrange for its removal by a towing service
of the owner's choice, provided the owner timely alerts the Belvidere
Police Department when the vehicle becomes inoperable, and the same
is not creating a hazard.
D.
The owner or person entitled to possession of any vehicle removed
from public property shall be responsible for all reasonable costs
of removal and storage in conjunction with recovering possession of
the vehicle.
E.
If the vehicle is not claimed by the owner or other person entitled
thereto, or if the cost of removal, storage, fine and/or court costs
remain unpaid, the Chief of Police may cause the vehicle to be sold
or disposed of as provided by N.J.S.A. 39:10A-1 et seq.
F.
Enforcement as set forth in this section with respect to violations
on public property shall be in addition to the authority of the Police
Department to issue summonses for any applicable violations of the
motor vehicle laws of the State of New Jersey.
A.
Any person who shall violate any provision of the restrictions on
the parking and storage of vehicles on private property as set forth
in this chapter shall, upon conviction thereof, be subject to the
following penalties:
B.
The imposition of a penalty or penalties for any violation shall
not excuse or be deemed to permit to continue, and all such persons
convicted shall be required to correct or remedy such violations within
a reasonable time. If said violations are not corrected within 10
days following conviction, the prohibited condition shall be deemed
a separate offense hereunder.
This chapter shall not be deemed to limit any other remedy or
enforcement of remedy provided by state statute or local ordinance.
