[HISTORY: Adopted by the Township Committee
of the Township of Hampton 8-9-1966. (This ordinance was split into
Ch. 70, Littering, and this chapter, at the time of adoption of Code.)
Amendments noted where applicable.]
A.
Word usage. When not inconsistent with the context,
words used in the present tense include the future; words used in
the plural number include the singular number; and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
B.
ABANDONED MOTOR VEHICLE
MOTOR VEHICLE
OPERATING CONDITION
PRIVATE PREMISES
PUBLIC PLACE
PUBLIC STRUCTURE OR BUILDING
TOWNSHIP
Definitions. For the purpose of this chapter, the
following terms, phrases, words and their derivations shall have the
meanings given herein:
[Amended 1-31-1978; 5-26-1981;
8-27-1991; 9-24-2013 by Ord. No. 2013-05]
Any motor vehicle, as defined in N.J.S.A. 39:1-1, which is
in a nonoperating condition as defined in this chapter and which is
permitted to remain on any property for 30 days, the owner of which
has not taken any steps to effect the repair or removal thereof, shall
prima facie be deemed to be abandoned.
Includes any motor vehicle, omnibus, road tractor, trailer,
truck, truck tractor or vehicle as defined in N.J.S.A. 39:1-1 et seq.
A motor vehicle shall be deemed to be in nonoperating condition
if said vehicle cannot be started under its own power at the request
of the Code Enforcement Officer or cannot be driven upon the highways
of the State of New Jersey by reason of its being in such condition
that it would not meet the motor vehicle inspection standards of the
State of New Jersey or the vehicle does not have a current valid New
Jersey State satisfactory inspection sticker or the vehicle is missing
tires, displays extensive body damage or deterioration, does not display
a current, valid state license plate, is wrecked, disassembled or
partially disassembled.
Any dwelling house, building or other structure designed
or used, whether wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and includes any yard, ground, walk, driveway, porch, steps or vestibule
belonging or appurtenant to such dwelling house, building or other
structure.
Any street, sidewalk, alley or other public way, and any
and all public parks, squares, grounds and buildings.
Any structure or building owned or operated by the federal,
county or state government or the Township.
The Township of Hampton, New Jersey.
[Added 2-16-1967; amended 9-24-2013 by Ord. No.
2013-05]
The chapter shall be administered and enforced
by the Code Enforcement Officer.
[Added 4-30-1974]
No person shall place, abandon or leave, keep or store, or suffer or permit the placing, abandoning, leaving, keeping or storage of, any abandoned automobile, as described in § 98-1 of this chapter, out of doors upon any public or private land in the township or between the right-of-way side lines of any street or public highway. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such abandoned automobile in an enclosed garage, barn or other building.
[Added 4-30-1974]
If any abandoned automobile, as described in § 98-1 of this chapter, shall be left, placed, kept or stored on private lands for 48 hours or more, it shall be presumed that the owner, tenant or occupant in possession of said land left, placed, kept or stored it there, or permitted or suffered it to be left, placed, kept or stored there.
[Added 4-30-1974; amended 1-31-1978; 5-26-1981; 9-24-2013 by Ord. No. 2013-05]
The chapter shall not apply to:
A.
Motor
vehicles which are kept for drag or stock car racing as long as said
motor vehicles are kept on registered trailers.
B.
Motor
vehicles which are held for sale or resale in a commercial zone are
exempt from the provisions of this chapter so long as the motor vehicle
being stored is in a complete and operable condition.
C.
Motor
vehicles which are owned by persons who are in the military service
stationed outside the State of New Jersey.
D.
Motor vehicles which would qualify as an historic motor vehicle under
the provisions of N.J.S.A. 39:3-27.3.
[Added 4-30-1974; amended 1-17-1984]
Whenever it shall appear to the enforcing officer that § 98-3 of this chapter is being violated and that the land on which the violation exists is privately owned, he shall, in writing, notify the owner, tenant or occupant in possession of the land on which the violation exists to abate the violation by removing the article or articles constituting the violation from the township or into an enclosed garage, barn or other building within 10 days of the service of the notice. The notice shall be served upon such owner, tenant or occupant personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years, or the notice shall be served upon him by registered or certified mail with return receipt addressed to him at his usual residence, if ascertainable, or otherwise by notice published in the newspaper in which the legal notices of the township may be published, and the said owner, tenant or occupant shall so abate the violation within the time fixed by the notice.
[Added 4-30-1974]
Whenever the enforcing officer finds any abandoned automobile which has been abandoned, kept or stored contrary to the provisions of this chapter, said enforcing officer shall remove, secure the removal of and/or impound said abandoned automobile after notice has been given as provided in § 98-6 above.
[Added 4-30-1974]
A.
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 of said abandoned automobile, 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 prescribed and established for the collection
of liens.
B.
Any person who violates any provision of this chapter
shall, upon conviction, be punished by a fine not exceeding $500 or
by imprisonment not exceeding 90 days, or both, at the discretion
of the Municipal Judge, and each day that the violation shall continue
shall be deemed a separate offense.
C.
A continuance of a violation or a noncompliance with
the provisions of this chapter shall be deemed a nuisance, and the
Township shall have the right to apply to the courts of this state
for injunctive relief or other relief in addition to the penalties
provided for herein.
[Amended 9-24-2013 by Ord. No. 2013-05]
[Added 5-26-1981]
This chapter shall be in full force and effect
immediately upon its adoption and its publication, as provided by
law.
