Chapter 34. Abandonment of Vehicles in Public Areas

Chapter 34 ABANDONMENT OF VEHICLES IN PUBLIC AREAS

§ 34.1 Purpose

§ 34.2 Definitions

§ 34.3 Abandonment on Public or Private Property

§ 34.4 Junk Vehicle of Junk Vehicle Body

§ 34.5 Abandonment on Private Property

§ 34.6 Abandonment, Length of Time

§ 34.7 Removal and or Impoundment of Vehicle

§ 34.8 Exceptions

§ 34.9 Violations

§ 34.10 Severability

§ 34.11 Repealer

§ 34.12 Effective Date

[HISTORY: Adopted by the Township Council of the Township of Gloucester

on 3-13-05 by Ordinance 0-95-10. Amendments noted where applicable.]

Be it ordained by the Township Council of the Township of Gloucester , in the County f Camden and State of New Jersey as follows:

§ 34.1 Purpose.

It is hereby determined and declared that the abandonment and storage out of doors of any vehicle, omnibus, tractor, trailer, or truck, which is not currently in use, licensed or registered, in any public street, public area open to the public or on private lands within the Township of Gloucester is contrary and inimical to the public welfare, in that such may present a danger to persons of tender years and presents an unsightly and deteriorating element to and depreciate the value of properties not only in the neighborhood where they are located, but to the Township as a whole.

§ 34.2 Definitions.

The following terms, phrases and words as used in and for the purpose of this Ordinance shall have the following meanings:

ABANDON - Includes any vehicle that is parked on public property, or private property open to the public, without the current year's registration or identification markers as required by law, for a continuous period of fifteen (15) or more days.

AND, includes any vehicle which is so disabled as to constitute an obstruction to traffic, and the driver or owner or person in charge thereof neglects or refuses to move the vehicle to a place where it will not obstruct traffic.

AND, includes any vehicle which is found to be mechanically inoperative and remains on any public property open to the public for a continuous period of fifteen (15) or more days.

INOPERABLE VEHICLE OR VEHICLE BODY- Any vehicle or vehicle body, whether registered or unregistered, that is in an inoperable condition or unfit for use on public streets or highways. [ Amended on 5-8-95 by Ord. 0-95-25]

JUNK VEHICLE OR JUNK VEHICLE BODY - Includes any vehicle which is no longer in actual use as a vehicle or which is wholly unfit, without rebuilding or reconditioning, for use in highway transportation, or which has been discarded for use as a vehicle or otherwise abandoned.

PERSON - Includes any person, individual, firm, partnership or corporation being the owner, driver, or possessing any legal right or control in or of a vehicle as herein described AND, includes, for the purpose of this ordinance, any owner or lessee of the land upon which the vehicle is located.

POLICE DEPARTMENT - Shall be the Police Department of the Township of Gloucester.

PUBLIC PROPERTY - Includes any lands owned by the Township of Gloucester, public street, sidewalk, public or private right-of-way, public or private easement area.

PRIVATE PROPERTY - Includes any property not open to the public or on which the public is not generally invited.

PRIVATE PROPERTY OPEN TO THE PUBLIC - Includes the area of any shopping center, mall, store, lot used for parking by customers or patrons.

VEHICLE - Includes any vehicle, motor vehicle, omnibus, tractor, trailer or truck, and any such vehicle as is and may be defined in N.J.S.A. 39:1-1, et seq. of the Statutes of the State of New Jersey.

§34.3. ABANDONMENT ON PUBLIC PROPERTY OR PRIVATE PROPERTY OPEN TO THE PUBLIC.

It shall be unlawful, in the Township of Gloucester, for any person to abandon or suffer or cause or permit the abandonment of any vehicle, as defined herein, out of doors, upon any public property or private property open to the public. Nothing in this section shall be deemed to prohibit the placing, keeping or storing of any such vehicle in an enclosed garage, barn or other permissible building.

§34.3-1. KEEPING OR STORAGE OF INOPERABLE VEHICLE OR VEHICLE

It shall be unlawful in the Township of Gloucester to keep, store, locate, suffer or permit the keeping, locating or storing of any inoperable vehicle or vehicle body on public property or private property open to the public. [Amended on 5-8-95 by Ord. 0-95-25]

§34.4. JUNK VEHICLE OR JUNK VEHICLE BODY.

It shall be unlawful, in the Township of Gloucester, for any person to keep or store any junk vehicle or junk vehicle body on any public property, private property open to the public or private property.

§34.5. ABANDONMENT ON PRIVATE PROPERTY.

Nothing in this ordinance shall be deemed to prohibit any person from maintaining not more than one abandoned vehicle owned by them, on private property owned by them.

§34.6. ABANDONMENT, LENGTH OF TIME.

If any vehicle or inoperable vehicle, as defined by this ordinance, shall be abandoned on public lands, public lands open to the public or on private lands under 34.4 above, for fifteen (15) days or more, it shall be presumed that the owner or tenant of said lands has abandoned it there or has permitted or suffered it to be abandoned there.[Amended by 5-8-95 by Ord. 0-95-25]

§34.7. REMOVAL AND OR IMPOUNDMENT OF VEHICLE.

Whenever a vehicle, inoperable vehicle, junk vehicle or junk vehicle body has been found to be abandoned, kept or stored contrary to this ordinance, the police department shall cause the removal, and or impoundment, of said vehicle as provided for in this ordinance. The expense of the removal and or impoundment shall be the responsibility of the owner of the vehicle, or in the event that the owner cannot be located, the owner or tenant of the property wherein the vehicle is found shall be responsible for the cost of removal or impoundment.

Prior to removal and or impoundment, the owner of the vehicle, inoperable vehicle, junk vehicle or junk vehicle body, if able to be found, or the owner of the lands upon which the violation is occurring, shall be given five (5) days written notice of said violations and demand for removal, by certified mail return receipt requested. A warning sticker shall be placed on the vehicle, indicating the violation and demanding removal within five (5) days, and that if the violation is not corrected, that the vehicle will be removed and impounded at the owners cost.

Whenever any motor vehicle, inoperable vehicle, junk vehicle or junk vehicle body is found on any public street, highway or public property, an emergency condition is herewith declared to exist, and any officer of the Gloucester Township Police Department is hereby authorized to immediately remove, secure the removal of and/or impound the motor vehicle, junk vehicle or junk vehicle body without necessity or notice prior to said impoundment. After impoundment, the Gloucester Township Police Department shall use diligent efforts to identify and locate the owner of the impounded vehicle, junk vehicle or junk vehicle body and notify the owner in accordance with the Ordinance. The expenses of the impoundment shall be borne by and be the responsibility of the owner of the vehicle.

After the removal and/or the impoundment, notice shall be given to the owner of the vehicle, in writing by certified mail return receipt requested, forwarded to the last known address and to the address of the owner of the lands wherein the violation occurred, and shall contain the following:

a) the time and place of impoundment and reason for impoundment

b) location of impoundment

c) amount and nature of penalty and cost for removal and impoundment

d) 1. a statement that a sale of the vehicle will occur after ninety (90) days following impoundment if the vehicle is not reclaimed

e) 2. a second statement of the time, date and place to be set for the sale.

The address of the owner as shown on the records of the Division of Motor Vehicle Services shall be sufficient for the purposes of notice. The sale of such vehicle shall be held under the direction of the Chief of Police of the Township of Gloucester, and shall be held following service of written notice as provided above, together with publication of the sale at least once in a newspaper circulating within the Township of Gloucester not less than seven (7) days prior to the sale.

[Amended on 5-8-95 by Ord. 0-95-25]

§34.8. EXCEPTIONS.

Nothing in this ordinance shall be deemed to prohibit any of the following activities;

a. vehicles altered for drag or stock car racing, provided that same are maintained on registered trailers.

b. vehicles owned by persons in the military service stationed outside the State of New Jersey.

c. antique vehicles classified as such under the Statutes of the State of New Jersey.

d. operators of properly licensed new and used car lots.

e. vehicles which are actively being restored, provided same are kept within a fenced area.

Any person claiming an exception, as listed above, shall obtain an exempt certificate, signed by the Chief of Police of the Township of Gloucester. Said exempt certificate shall be good for one year from the date of issuance and may be renewed on an annual basis. The exempt certificate shall be displayed on the vehicle in a prominent place readily observable.

§34.9 VIOLATIONS.

Any person who violates any provision of this ordinance, upon conviction in the Municipal Court of the Township of Gloucester, shall be punished by a fine not to exceed Five Hundred ($500.00) Dollars, or imprisonment for a term not to exceed ninety (90) days, or both, at the discretion of the Municipal Judge of the Township of Gloucester. Each day that such violation continues shall be deemed to be a separate offense.

A continuance of the violation, or a noncompliance with the provisions of this ordinance shall be deemed a nuisance, and the Township of Gloucester shall have the right to petition the courts of the State of New Jersey for injunctive relief or other relief in addition to the penalties provided above.

§34.10 SEVERABILITY

All ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§ 34.11 REPEALER

If any section, subsection or part, clause or phrase of this Ordinance shall be declared invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of the ordinance.

§34.12 EFFECTIVE DATE

This Ordinance shall take effect immediately after final passage and publication as required by law.