[HISTORY: Adopted by the Township Committee
of the Township of Mantua 6-11-1968 (Ch. 394 of the 1978 Code). Amendments noted where applicable.]
[Amended 5-18-2009 by Ord. No. O-04-2009]
A.
Abandoned vehicles.
(1)
Findings. The Township Committee hereby finds, determines
and declares that the keeping, storage or abandonment of any motor
vehicle not currently used for transportation, not mechanically in
operation or not licensed for operation in the current year, out of
doors, within the limits of the Township, is a nuisance and contrary
to the public health, safety and welfare of the residents of the Township
in that such vehicles so abandoned or stored attract or may attract
persons of tender years who may play in and about them and be injured
in so doing, and in that such vehicles so abandoned and stored out
of doors, exposed to the elements, deteriorate, are a fire hazard,
are unsightly and, by deteriorating, become more unsightly and, are
detrimental to the public health, safety and general welfare and depreciate
the value of properties in the neighborhoods where they are located
and in the Township in its entirety.
(2)
ABANDONED
(a)
[1]
[2]
[3]
[4]
[5]
(b)
[1]
[a]
[b]
[2]
[a]
[3]
JUNK VEHICLE
MOTOR VEHICLE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
With respect to public streets, private streets,
public property, private property and public highways, any vehicle
which:
Is parked out of doors, for any length of time,
without the current year's registration, identification markers or
license tags, as required by law; or
Is so disabled, for any length of time, as to
constitute an obstruction to traffic, and the driver or person owning
or in charge of said vehicle neglects or refuses to move the same
to a place where it will not obstruct traffic; or
Is found without one or more tires for any length
of time; or
Has remained on or about private property without
the consent of the owner or other person in charge of said private
property for a continuing period of 10 days or more; or
Is found to be partially dismantled; mechanically
inoperative, including found to have one or more deflated tires; wrecked;
junked or discarded and is allowed to remain in such condition on
public or private property for a continuing period of 10 days or more;
or
Exceptions.
"Abandoned" shall not mean, with respect to
private property, any one vehicle which:
Is found with the current year's registration,
identification markers or license tags, as required by law, and kept
covered on the driveway of the private property with the consent of
the owner or other person in charge of said private property.
Is found covered on or about the rear of a private
property with the consent of the owner or other person in charge of
said private property and which vehicle complies with N.J.S.A. 39:6B-1.
"Abandoned" shall not mean, with respect to
private or commercial property, any equipment or farm machinery which:
Is found covered on or about the property with
the consent of the owner or other person in charge of said private
property.
"Abandoned" shall not be applied with respect
to public property.
Includes any vehicle which is 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.
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.
B.
Boats; trailers; campers.
(1)
Findings. The Township Committee hereby finds, determines
and declares that the keeping, storage or abandonment of any boat,
trailer, camper or other similar machinery on public lands or on private
lands, which constitutes a visual or site line disturbance for pedestrians
or motor vehicle operators or interferes with the Township's orderly
maintenance of the public thoroughfares, is contrary and inimical
to the public welfare in that such articles so kept, stored or abandoned
are detrimental to the public health, safety and general welfare of
the Township in its entirety.
(2)
The keeping, storage or abandonment of any boat, trailer,
camper or other similar machinery shall not mean, with respect to
private property, any one boat, trailer, camper or other similar machinery
which is:
C.
Trash; rubbish; debris.
(1)
Findings. The Township Committee hereby finds, determines
and declares that the keeping, storage or abandonment of any unused
machinery or equipment, household appliances, lumber, building material
or any other personal property not in use, constituting trash, rubbish
or debris, on public or private lands in the Township is contrary
and inimical to the public welfare in that such articles so kept,
stored or abandoned may attract persons of tender years who, being
so attracted, may play in and about them and be injured in so doing,
and that such articles so kept, stored or abandoned out of doors,
exposed to the elements, deteriorate and in themselves are a fire
hazard and are unsightly and, deteriorating, become more unsightly
and are detrimental to the public health, safety and general welfare
and depreciate the value of properties in the neighborhoods where
they are located and in the Township in its entirety.
D.
Enforcement. Enforcement shall be in accordance with
New Jersey Court Rule 7:2-2.
No person or corporation shall place, abandon or leave, keep or store, or suffer or permit the placing, abandoning, leaving, keeping or storage of, any article described in § 394-1 of this chapter out of doors upon any public or private land in the Township of Mantua or between the right-of-way side lines of any public street or thoroughfare therein. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed building.
If any article described in § 394-1 of this chapter shall be left, placed, kept or stored on private lands for 30 days or more, it shall be presumed that the owner and tenant in possession of said land left, placed, kept and stored it there or permitted and suffered it to be left, placed, kept and stored there.
Whenever it shall appear to any member of the
Police Department of the Township of Mantua that this chapter is being
violated and that the land on which the violation exists is privately
owned, he shall, in writing, notify the owner and tenant in possession
of the land on which the violation exists, if privately owned, to
abate the violation by removing the article or articles constituting
the violation from the Township of Mantua or into an enclosed building
within 10 days of the service of the notice, which notice shall be
served upon such owner and tenant, if he resides in the Township of
Mantua, personally or by leaving it at his usual place of abode with
some member of his household over the age of 14 years; but if any
such owner and tenant shall reside outside the Township of Mantua,
the notice shall be served upon him by registered or certified mail
addressed to him at his usual residence, if ascertainable. Otherwise
notice shall be given by publication in the newspaper in which the
legal notices of the Township of Mantua may be published, and the
said owner and tenant shall so abate the violation within the time
fixed by the notice.
A.
Whenever it shall appear to any member of the Police
Department of the Township of Mantua that this chapter is being violated
and that the violation exists on public lands or between the right-of-way
side lines of any public street or thoroughfare, he:
(1)
Shall determine whether any article constituting the
violation constitutes or may constitute a traffic hazard and, if so,
he shall move it or cause it to be moved to a nonhazardous location
or into an enclosed storage place, forthwith.
(2)
Shall ascertain, if he can, who is the owner of the article or articles and shall, in writing, notify such owner to abate the violation forthwith and in all events within 10 days after the service of the notice upon him, which notice shall be given as required in § 394-4 for the service of notice thereunder.
B.
If any article constituting the violation constitutes or may constitute a traffic hazard and it cannot be moved to a nonhazardous location, or if the name and address of the owner of the article cannot be ascertained, or if the violation shall not be abated in the time required by the notice given under the foregoing Subsection A(2), such member of the Police Department shall determine whether the article or articles have a value in excess of the cost of removing it or them to enclosed storage and the cost of storing it or them for three months in the case of motor vehicles and for six months in the case of all other articles.
(1)
Unless the article or articles appear to have a value
clearly in excess of such cost, he shall arrange, if he can, for the
removal of it or them by someone who will undertake that removal without
cost to the Township of Mantua, but otherwise he shall arrange for
that removal at the expense of the Township of Mantua to an authorized
area.
(2)
If the article or articles appear to have a value
clearly in excess of said costs, he shall remove it or them or cause
it or them to be removed at the expense of the Township of Mantua
to enclosed storage.
C.
If the articles are removed under the foregoing Subsection A(1) or Subsection B(2) or (3), such member of the Police Department shall, in the manner required by § 394-4 for service of notice thereunder, give notice to the owner of that removal and of the place to which the article or articles have been removed and of the owner's right to reclaim it or them by paying the cost of the removal and interim storage charges.
If any article or articles impounded by the
Police Department of the Township of Mantua under this chapter shall
remain unclaimed after three months after notice of the impounding
in the case of motor vehicles and for six months in the case of all
other articles, the impounded article or articles shall be deemed
to have been abandoned and forfeited by the owner, and the governing
body of the Township of Mantua shall sell and dispose of them as provided
in N.J.S.A. 40A:14-157.
The provisions of this chapter shall not apply
to new car agencies or to licensed used car dealers located in the
Township of Mantua.
[Amended 4-25-1978; 4-25-1989]
A.
Any person, entity or corporation who or which violates
any provision of this chapter shall, upon conviction thereof, be punishable
by one or more of the following: imprisonment in the county jail or
any place provided by the municipality for the detention of prisoners
for a term up to but not exceeding 90 days or by a fine of not less
than $100 and not more than $2,000 or by a period of community service
up to but not exceeding 90 days, or any combination of the above.
B.
Each day that a violation exists, occurs or continues
shall constitute a separate offense for the purpose of imposing the
penalties referred to above.
