[HISTORY: Adopted by the Township Committee of the Township of Egg
Harbor 8-11-1975;[1] amended in its entirety 7-9-1980 by Ord. No. 18-1980. Subsequent
amendments noted where applicable.]
[1]
Editor's Note: The provisions of this chapter are derived from Section
4-5 of Chapter IV of the former revised Ordinances, adopted 8-11-1975, as
amended.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any motor vehicle, which:
Is parked without the current year's registration or identification
markers as required by law.
Has been continuously parked on any public property and lands or on
any private property and lands for a period of seven days.
Is so disabled as to constitute an obstruction to traffic, but on property
other than a street, highway bridge and tunnels, and the driver or person
owning, or in charge thereof neglects or refuses to move the same to a place
where it shall not obstruct traffic.
Is found to be mechanically inoperative and is allowed to remain inoperative
for a period of seven days. Such period of time may be extended, for good
cause, by the Police Department.
Is found without one or more tires.
The sequestration of the motor vehicle, junk automobile or junk automobile
body at a place of storage.
[Added 12-10-1986 by Ord.
No. 51-1986]
Any motor vehicle which is no longer in actual use as a motor vehicle
or which is wholly unfit, without rebuilding or reconditioning, for use in
highway transportation or which has been discarded for use as a motor vehicle
or otherwise abandoned.
Any motor vehicle, omnibus, road tractor, trailer, truck, truck-tractor,
or other vehicle and shall have the meaning as ascribed to the foregoing words
as contained and defined in N.J.S.A. 39:1-1 et
seq.
Any individual, firm, partnership or corporation being the owner
or having any legal right in or to the motor vehicle or other vehicle as herein
defined.
[Added 12-10-1986 by Ord.
No. 51-1986]
A junkyard or other approved storage area, but any such junkyard or other storage area is subject to any and all provisions contained in this chapter, specifically § 211-3 hereof, and any and all other ordinances of the Township of Egg Harbor.
[Added 12-10-1986 by Ord.
No. 51-1986]
The Police Department of the Township of Egg Harbor.
[Added 12-10-1986 by Ord.
No. 51-1986]
No person shall abandon or suffer or permit the abandoning of any motor
vehicle, junk automobile or junk automobile body, out of doors upon any public
or private lands in the Township or between the right-of-way lines of any
public right-of-way therein.
No person shall place, keep or store, except as permitted by Township
ordinance, any motor vehicle, junk automobile or junk automobile body out
of doors on any public or private property within the Township.
If any motor vehicle, junk automobile or junk automobile body shall
be abandoned on public or private lands for seven days or more, it shall be
presumed that the owner or tenant in possession of such land has abandoned
it there or permitted or suffered it to be abandoned thereon.
Nothing herein contained shall be deemed to prohibit the placing, keeping
or storage of any motor vehicle, junk automobile or junk automobile body in
a totally enclosed garage, barn or other building.
An owner or operator of a commercial garage or service station shall
not permit a motor vehicle damaged from an accident to be placed, kept or
stored on the commercial premises pending repair beyond 180 days from the
date of the accident. Such owner or operator shall submit a statement on or
before the first day of each month to the Township Clerk containing a listing
of all vehicles on the premises and setting forth, but not limited to, the
make, model, serial number, owner's name and address, the date of accident
and anticipated date of removal from premises.
A.
Owners of antique or historic motor vehicles which are
classified as such under state statute shall be exempt from the provisions
of this section with regard to private lands. Any person who possesses, owns
or maintains such excluded vehicle shall obtain from the Chief of Police an
exempt certificate which shall indicate that the motor vehicle in question
comes under this exclusion. The certificate shall be valid for one year from
the date of issuance. Such exempt certificate shall be displayed on the windshield
or other prominent place of the motor vehicle in question so that it is readily
observable. No fee shall be charged for the issuance of an exempt certificate.
B.
Motor vehicles operated in organization sanctioned races
shall be exempt from the provisions of this chapter with regard to private
lands. Each such vehicle shall be registered once each year during the month
of January, or when the vehicle is acquired, with the Chief of Police. There
shall not be more than two such vehicles so kept on private lands.
C.
Motor vehicles on private lands, other than as defined in § 211-6, kept for sale or for repair which would otherwise be classified as abandoned, a junk automobile or a junk automobile body may be so maintained for 60 days from the date of placement on the private land, provided that an owner of such motor vehicle and private land shall immediately register such motor vehicle with the chief of police and that no more than two such vehicles be so kept on the private land.
D.
A request for an extension of time beyond that permitted in Subsection C may be made to the Chief of Police. Such request shall be in writing, set forth specific reasons and extenuating circumstances for the extension and the anticipated time table for removal of the vehicle(s). The approval of such request for the extension of time shall be at the discretion of the Police Subcommittee. The extension of time shall not exceed an additional 60 days from the date of the lapse of the sixty-day period provided for in Subsection C.
[Added 11-23-1983 by Ord.
No. 38-1983]
E.
Except as otherwise provided in this section, motor vehicles
which are used by construction companies for parts and repairs and are stored
at the construction company's yard, which vehicles would otherwise be classified
by virtue of this chapter, are exempted from the provisions of this chapter.
These motor vehicles must be kept in an enclosed, fenced and landscaped compound
thus precluding visibility from off of the site.
[Added 5-23-1984 by Ord.
No. 21-1984]
[Added 12-10-1986 by Ord.
No. 51-1986]
Whenever the owner of a motor vehicle or his agent, servant or employee authorizes or allows the towing of the motor vehicle and the motor vehicle is towed by an Egg Harbor Township towing contractor, it shall be the responsibility of the owner to arrange with the tower for the payment of the towing and storage fee, within 10 days of the date the vehicle was towed. If the owner of any motor vehicle fails to arrange with the tower for the payment of the towing and storage of the motor vehicle within 10 days of the date the motor vehicle was towed, the motor vehicle will be considered abandoned, and the provisions set forth below, specifically in §§ 211-9 and 211-10, shall apply.
[Added 12-10-1986 by Ord.
No. 51-1986]
A.
Impounding vehicles. Whenever any officer of the Egg
Harbor Township Police Department finds any motor vehicle, junk automobile
or junk automobile body which has been abandoned, kept or stored contrary
to the provisions of this chapter, such member of the Egg Harbor Township
Police Department shall remove, secure the removal of and/or impound said
vehicle, junk automobile or junk automobile body, in accordance with the procedures
hereinafter set forth:
(1)
Public property. Whenever any motor vehicle, junk automobile or junk automobile body is found on any public street, highway or public property, an emergency condition is herewith declared to exist, and any officer of the Egg Harbor Township Police Department is hereby authorized to immediately remove, secure the removal of and/or impound the motor vehicle, junk automobile or junk automobile body without the necessity of notice prior to said impoundment. After impoundment, the Egg Harbor Township Police Department shall use diligent efforts to identify and locate the owner of the impounded motor vehicle, junk automobile or junk automobile body and notify the owner in accordance with Subsection A(3) below.
(2)
Private lands.
(a)
Whenever any motor vehicle, junk automobile or junk automobile
body is found on any private land in violation of the provisions of this chapter,
or if probable cause exists that a violation of this chapter exists, then
any officer of the Egg Harbor Township Police Department may cause the owner
of the motor vehicle, junk automobile or junk automobile body, if he can be
found, or the owner or tenant of the private lands upon which the violation
is occurring to be given five days' written notice that said violation exists;
said notice shall be given by personal service or certified or registered
mail and sent to the last known address of the owner of the motor vehicle,
junk automobile or junk automobile body and/or the owner or tenant of the
property.
(b)
In the event that, at the expiration of five days the
violation of the provisions of this chapter still exist, any member of the
Egg Harbor Township Police Department is to proceed in accordance with law
to impound the motor vehicle, junk automobile or junk automobile body to a
place of storage. Notice of said impoundment shall be given to the owner of
the motor vehicle, junk automobile or junk automobile body or to the owner
or tenant of the private land on which the violation is occurring in the manner
hereinafter established.
(3)
Notice of impoundment.
(a)
Notice of the impoundment of any motor vehicle, junk automobile or junk automobile body shall be given to the owner of said motor vehicle, junk automobile or junk automobile body or to the owner or tenant of lands upon which a violation is occurring pursuant to § 211-4 above, in writing, by personal service, certified or registered mail at the last known address of the party to be served and shall contain the following:
[1]
The time and place of impoundment.
[2]
Location of the motor vehicle, junk automobile or junk
automobile body.
[3]
The reason for impoundment.
[4]
The amount and nature of penalties and costs that may
be entered against him.
[5]
A statement that a sale of the motor vehicle, junk automobile
or junk automobile body will occur after 30 days if the motor vehicle, junk
automobile or junk automobile body is not reclaimed.
[6]
A statement of the time and place of sale, if available.
(b)
The address of the owner as shown on the records of the
State Division of Motor Vehicles shall be deemed sufficient for the purposes
of this chapter.
B.
Sale of impounded vehicles. Whenever any motor vehicle,
junk automobile or junk automobile body is impounded by the Police Department
and remained unclaimed for a period of 30 days, the motor vehicle, junk automobile
or junk automobile body shall be sold under the directions of the Clerk of
the Egg Harbor Township or her designate at public auction to the highest
bidder. Such auction held shall take place after notice of such sale has been
given at least seven days prior thereto by one publication in the newspaper
circulated in the Township and upon the mailing of a copy of said notice to
the owner of the motor vehicle, junk automobile or junk automobile body and/or
to the owner or tenant of the lands upon which a violation is occurring by
registered mail at least seven days prior to the sale. All revenues collected
from the sale of the motor vehicle, junk automobile or junk automobile body
shall be retained by the Egg Harbor Township as a cost of administration after
payment of towing contractor costs as otherwise provided by statute, Township
ordinance, resolution and contract.
[Amended 12-10-1986 by Ord.
No. 51-1986]
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, impoundment and sale not paid for out of the proceeds of the sale mentioned in § 211-9B above.
B.
Violation of any provision of this chapter shall, upon
conviction thereof, be punished by a minimum fine of $100 or a maximum of
$2,000 or by imprisonment for a term not exceeding 90 days or by a period
of community service not exceeding 90 days, and each day that violation shall
continue, it shall be deemed a separate offense.
[Added 12-9-1987 by Ord. No. 60-1987; 4-12-2006
by Ord. No. 20-2006]
C.
A continuance of a violation or a noncompliance with
the provisions of this chapter shall be deemed a nuisance, and the Mayor and
Township Committee 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.
