Abandoned and Junked Motor Vehicles
One thing that’s sure to fuel the fire between feuding neighbors is unsightly abandoned or junked vehicles strewn about property. We find that a majority of municipalities already have legislation regulating abandoned vehicles, but perhaps the samples we have to offer will help you find a new way to deal with an old problem. Consider reviewing our free sample legislation if you have difficulty when faced with the following questions: What exactly is an abandoned vehicle? Can it be classified as a nuisance? Does it make a difference when a vehicle is partially enclosed or covered by a tarp? Do you make exceptions for antique and classic motor vehicles that are in the process of being restored? What about farm vehicles and race cars? What types of standards should there be for vehicles abandoned on private land versus vehicles on public land? All these issues are addressed in our sample legislation on abandoned and junked motor vehicles.
Clarence, T. NY:
[HISTORY: Adopted by the Town Board of the Town of Clarence 4-27-1988. Section 209-2 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Recovery of attorney's fees — See Ch. 165.
Zoning — See Ch. 229.
§ 209-1. Findings.
The outdoor storage of abandoned, junked, discarded or unlicensed vehicles upon private property within the Town of Clarence is hereby declared to be detrimental to the health, safety and general welfare of the community, aesthetically unattractive and detracting from the enjoyment of the environment by said residents, tending to depreciate neighborhood property values, and is an infringement on their properties and homes. The same also constitutes a potential nuisance to the children of the community and may imperil their safety. The fuel tanks of abandoned, junked or discarded vehicles containing gasoline or gasoline fumes constitute an ever-present danger of explosion. The abandoned, junked or discarded vehicles also contain broken glass and sharp metal edges, and such vehicles usually are stored or abandoned with batteries containing harmful acids. The control of the outdoor storage of abandoned, junked or discarded vehicles is therefore regulated for the preservation of the health, safety and general welfare of the community.
§ 209-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VEHICLE — The intent of the owner shall be determined by the physical condition of the vehicle; statements of the owner as to its abandonment; the length of time since the vehicle has last been used on the highway; whether the vehicle is currently licensed, registered or inspected; and other relevant facts. With respect to a vehicle not required to be licensed or a vehicle not usually used on public highways, the intent of the owner shall be determined by the physical condition of the motor vehicle, the length of time since it was last used for the purpose intended, any statement as to its abandonment by the owner and other relevant facts.
ANTIQUE MOTOR VEHICLE — A motor vehicle, but not a reproduction thereof, manufactured more than twenty-five (25) years prior to the current year and which, because of discontinued production and limited availability, is considered to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored to a condition which is substantially in conformity with the manufacturer's specifications and appearance.
CLASSIC MOTOR VEHICLE — A motor vehicle, but not a reproduction thereof, manufactured more than ten (10) years prior to the current year and which, because of discontinued production and limited availability, is considered to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored or will be maintained in or restored to a condition which is substantially in conformity with the manufacturer's specifications and appearance.
COMMERCIAL GARAGE — Any business licensed by the town to repair motor vehicles or any part thereof.
DISCARDED VEHICLE(S) — Any vehicle(s) which the owner thereof, as established by the surrounding circumstances, relinquishes ownership and possession of and any vehicle(s) the owner of which cannot be found after due and reasonable inquiry.
ENCLOSURE — A completely enclosed privacy-type structure or fence constructed of wood, metal or masonry, which shall be at least six (6) feet in height and not more than eight (8) feet in height and of such construction and type that an ordinary person of ordinary height and eyesight cannot see into the "enclosure." Such "enclosure" shall be adequately maintained so as not to create an eyesore to the community.
ENFORCEMENT OFFICER — The Code Enforcement Officer(s), the Zoning Officer, the Building Inspectors or any peace officer or police officer whose powers and duties are within or include the Town of Clarence.!BFN!Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.!EFN!
JUNK VEHICLE — Any vehicle which, for any reason, is incapable, without repair, of being moved or propelled by application of internal power, if it is a vehicle originally designed to be propelled by internal power, or is incapable, without repair, of being drawn or towed, if it is a vehicle originally designed to be towed or drawn from behind an internally powered vehicle, and, as adjudged by the standards of an ordinary reasonable man, is unsightly in appearance because of the existence of one (1) or more conditions, such as but not limited to the following: deterioration by rust of the body; deterioration of the exterior finish of the vehicle; broken windows; absence of component parts of the vehicle (such as fenders, panels, doors, bumpers, headlights, hood, trunk door, tires, wheels, grille, roof or tailgate); physical damage (such as dents, cracks, scraps or holes) to component parts of the vehicle; and absence of interior components (such as seats, dashboard or interior door moldings), or is incapable of being moved or propelled, drawn or towed without repair as provided for hereinabove and has remained situate on any real property for a period in excess of thirty (30) days.
JUNKYARD — Any place of storage or deposit licensed by the town where two (2) or more unlicensed, old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale of used parts therefrom; for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same; or for any other purpose. Such term shall include any place of storage or deposit for such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two (2) or more such vehicles.
OPEN STORAGE — Storage other than in a completely enclosed structure constructed of wood, masonry or metal.
OWNER OF PRIVATE PROPERTY — The legal owner, contract purchaser, tenant, lessee, occupant, subtenant, trustee, bailee, receiver or assignee of premises or real property located within the Town of Clarence.
OWNER OF VEHICLE — The person having the property and/or title to a vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest of another person, and also including any lessee or bailee of a vehicle having the use thereof under lease or otherwise.
PERSON — An individual, firm, partnership, association, corporation, company or organization.
REPAIR SETTLEMENT — Determination by whatever means, including settlement of a claim, arbitration or legal action, that any person other than the owner of a vehicle is liable to pay or will pay for the repair of damage to a vehicle resulting from any vehicular accident.
TOWN — All areas within the Town of Clarence, both publicly and privately owned.
UNLICENSED VEHICLE — Any vehicle which may be licensed or registered for operation on public highways and which has not been registered during the preceding six (6) months or is not currently registered and not in a condition for legal use on the public highways. A vehicle which is in a condition to receive a current New York State motor vehicle inspection sticker shall be deemed to be in a condition for legal use on the public highways.
VEHICLE — Any means of transport or conveyance operated, driven, drawn or capable and intended to be operated, drawn or driven upon a public highway by a power other than muscular power. A "vehicle" shall include but not be limited to automobiles, motorcycles, motorbikes, buses, all types of trailers, including trailers used for storage, trucks, tractors, mobile homes, other than those legally in use in an authorized mobile home park, recreational vehicles, snowmobiles, all-terrain vehicles and jitneys or any other contraption originally designed and intended for travel on the public highways.
WRECKER — Any business licensed by the town to tow or haul other motor vehicles.
§ 209-3. Open storage restricted.
It shall be unlawful for any person, firm or corporation, either as a private property owner, vehicle owner, occupant, lessee, agent, tenant or otherwise, to openly store or deposit or cause or permit to be openly stored or deposited an abandoned, junked, discarded or unlicensed vehicle or vehicles or parts or pieces thereof on any private property within the Town of Clarence, except as permitted in junkyards or by this chapter, unless such vehicle or part or piece thereof is stored or deposited in a completely enclosed building or such vehicle or part or piece thereof is under repair, reconstruction or refurbishing by the owner thereof, who must actually be residing upon the premises where such repair, reconstruction or refurbishing is being done. Such vehicle or part or piece thereof must be maintained and protected so as not to create a safety hazard or nuisance to surrounding property owners and shall not remain on the premises for more than thirty (30) days, but not on a public highway right-of-way.
§ 209-4. Inspections.
The Town of Clarence Code Enforcement Officer shall have the right to enter and inspect, at any reasonable hour, any premises on which vehicle(s) are openly stored and to inspect such vehicle(s) to determine if the same are a hazard to the health and welfare of the community. This right of entry shall not be limited in any way by the existence or lack of existence of a request, authorization or other consent or approval of entry for inspection.
§ 209-5. Notice to correct.
After the Code Enforcement Officer has determined that an abandoned, junked or unlicensed vehicle(s) or discarded parts thereof is openly stored or deposited or is permitted to be openly stored or deposited on a parcel of property in violation of this chapter, he shall given written notice, by personal service or by registered or certified mail, on the owner of the abandoned, junked or unregistered vehicle(s) or discarded parts thereof or on the owner of any private property on which the vehicle(s) is openly stored. Such notice shall direct the person so served, regardless of the ownership of the vehicle(s) if the property owner or tenant is served, to terminate the open storage of such vehicle(s) within the town within ten (10) days of receipt of said notice.
§ 209-6. Appearance tickets.
In the event of noncompliance with the provisions of this chapter and after ten (10) days have elapsed from receipt of the written notice provided for in § 209-5, the Code Enforcement Officer may issue an appearance ticket, returnable to the Town of Clarence Justice Court at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged chapter violation, the date and time and a description of the vehicle(s) involved, a copy of which shall be forwarded to the Town Justice and shall be accompanied by an information form detailing the violation and attempts made by the Code Enforcement Officer to achieve compliance.
§ 209-7. Alternative notice.
If the provisions of the foregoing sections are believed to be violated, the Code Enforcement Officer(s) may serve a written notice, either personally or by registered or certified mail, upon the owner, occupant or person having charge of such private property to comply with the requirements of this chapter. The Code Enforcement Officer(s) may determine ownership of any parcel of land in the Town of Clarence from the current assessment roll of the town and may serve written notice upon the owner thereof by mailing such notice to the owner at the address listed on the current assessment roll. If the Code Enforcement Officer(s) is unable to determine the ownership or address of the owner of said private property, such notification may be made by publishing the same in the official newspaper of the town for two (2) consecutive weeks. The notice shall be in substantially the following form: "To the owner, occupant or person having charge of land within the Town of Clarence briefly described as follows: (Here describe the subject property.) "Notice is hereby given that an abandoned, junked, discarded or unlicensed vehicle is stored or deposited on the above-described property in the Town of Clarence. This vehicle must be removed therefrom within ten (10) days from the date of this notice; provided, however, that if this notice is served on you by publication, said vehicle shall be removed within twenty-four (24) days from the first publication date of this notice. "If such vehicle is not removed on or before the expiration of said ten (10) days from the date hereof or on or before the expiration of said twenty-four (24) days from the date of this notice in the event that it is served on you by publications, you are hereby summoned to appear before the Town Board of the Town of Clarence, New York, at ….. m. o'clock, on the ………. day of ……………….. , 19….. , at which time a hearing will be held to determine why the Town of Clarence, New York, acting through its duly authorized agents, servants, officers and employees, should not enter upon said property and remove and cause said vehicle to be destroyed. In the event that the Town Board directs that said vehicle be removed and destroyed the expense incurred by the Town of Clarence shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law. "Dated: "Code Enforcement Officer "Town of Clarence"
§ 209-8. Enforcement.
The Code Enforcement Officer may enforce this chapter by either issuing an appearance ticket returnable in the Town of Clarence Justice Court, pursuant to § 209-6, or by removing said vehicle pursuant to the provisions of § 209-7 or by invoking both enforcement provisions.
§ 209-9. Antique or classic motor vehicles.
An antique or classic motor vehicle that is in the process of being restored may be kept out of doors upon the premises of the owner of said vehicle for a period of twelve (12) months to allow the restoration to be completed, provided that the vehicle is stored behind the required front yard on an adequately maintained surface in the side or rear yard and is at least ten (10) feet from the property line, and provided further that such vehicle or any component part thereof is covered with a tarpaulin or custom cover made for vehicles or is otherwise hidden from public view with proper screening.
§ 209-10. Presumption of violation.
There shall be a presumption that a person who has received the notice prescribed by § 209-7 has openly stored or deposited or caused or permitted to be openly stored or deposited an abandoned, junked, discarded or unlicensed vehicle described in said notice.
§ 209-11. Storage by wreckers and commercial garages.
A wrecker or commercial garage may store abandoned, junked or unlicensed vehicle(s) or part thereof on any one (1) site within the Town of Clarence, provided that such storage is confined in an enclosed area and such vehicle(s) may not be stored for more than thirty (30) days, and provided further that the business operation of the wrecker or commercial garage is permitted by all applicable zoning laws or regulations, including rights under any nonconforming uses and including any limitations, restrictions or conditions established according to law by the Town Board, the Board of Appeals, the Planning Board or any court of competent jurisdiction, and provided that the vehicle(s) is not stored at any time on a public highway right-of-way.
Where a repair settlement is pending in good faith, the foregoing time periods shall not start to run until a repair settlement has been made, but in no event to exceed sixty (60) days from the date said vehicle(s) is(are) first stored upon the premises.
In the event that any abandoned, junked or unlicensed vehicle or part thereof is stored at any wrecker or commercial garage and such wrecker or commercial garage is restrained from allowing the owner to move said vehicle from the location of such wrecker or commercial garage by reason of a legal detainer or order of any federal, state, county or local government agency or body, the thirty-day period of time as provided for in Subsection A hereinabove shall not commence to run until said legal detainer or order is released or vacated.
§ 209-12. Farm vehicles.
Any vehicle being actively used in farming operations shall be exempted from the provisions of this chapter, provided that:
The vehicle is being used on private property and is being held for continuing operation on private property and is not being held primarily for nonoperating purposes.
The vehicle, if not in a condition for legal operation on public highways, is in a condition so that it can be operated and so that such operation on private property will not be unduly dangerous to the operator, passengers or others.
The vehicle is in such condition that there is no sharp metal, broken glass or other condition which would endanger children who might be attracted to play around the vehicle.
§ 209-13. Penalties for offenses.
A violation of this chapter shall be punishable by a fine of at least fifty dollars ($50.) and not more than two hundred fifty dollars ($250.) per violation or by imprisonment for up to fifteen (15) days, or by both. A violation of this chapter shall also subject the violator to a civil penalty of the greater of one hundred dollars ($100.) per separate violation or the town's costs of inspection, service of notice, removal, towing and permanently disposing of such vehicle, less any criminal monetary fine which may have been imposed. Each abandoned, junked, discarded or unregistered vehicle stored in violation of this chapter shall constitute a separate violation. Each day that such separate violation shall continue or be carried on shall constitute an additional separate violation, for which the court may impose an additional fine and continuing fine until the vehicle(s) is(are) removed or enclosed.
§ 209-14. Construal of provisions.
This chapter has been enacted to supplement and to be read in conjunction with § 1224 of the Vehicle and Traffic Law of the State of New York, as amended.
Tyrone, B. PA:
VEHICLES, ABANDONED AND JUNKED
[HISTORY: Adopted by the Borough Council of the Borough of Tyrone 2-8-1993 as Ord. No. 1040. Amendments noted where applicable.]
Junkyards — See Ch. 109.
Vehicles and traffic — See Ch. 190.
On-road repair of vehicles — See Ch. 192.
§ 188-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A. Any vehicle which is parked or permitted to stand on any public street or alley for a continuous period exceeding forty-eight (48) hours unattended and not bearing one (1) of the following: a valid registration plate, a certificate of inspection and an ascertainable vehicle identification number; and
B. Any vehicle which shall stand or be parked on a public street or alley for a period of forty-eight (48) hours without the consent of the owner or person in control.
JUNKED AUTOMOBILE — Any vehicle which has no valid registration or certificate of inspection and has been stripped or partially disassembled so that it is inoperable or immovable and is parked or permitted to stand on a public street or alley for forty-eight (48) hours and on private property for a continuous period in excess of thirty (30) days.
§ 188-2. Declaration of nuisance.
The parking, standing or storage of abandoned or junked vehicles on public or private property within the municipal limits of the Borough of Tyrone is hereby declared to be a nuisance and is prohibited.
§ 188-3. Parking or storing of abandoned vehicles.
It shall be unlawful for any person or persons, firm, company, partnership or corporation, whether by principal or agent, to park, store or permit to be parked or stored any abandoned vehicle on the public streets or alleys of the Borough of Tyrone.
§ 188-4. Parking or storing of junked vehicles.
It shall be unlawful for any person or persons, firm, company, partnership or corporation, whether by principal or agent, to park, store or permit to be parked or stored any junked vehicle on public or private property within the Borough of Tyrone.
§ 188-5. Investigation of complaint; notice of violation.
It shall be the duty of the Tyrone Police Department, upon the presence of abandoned or junked vehicles within the borough, to investigate said vehicles. If the investigation reveals the presence of vehicles in violation of this chapter, the officer shall immediately transmit written notice to the owner in person or by registered mail. Such written notice shall contain a description of the vehicle, its location, notice of violation of this chapter and directions to remove the vehicle from on the street or on private property within ten (10) days.
§ 188-6. Violations and penalties.
Any person or persons, firm, company, partnership or corporation violating any of the provisions of this chapter shall, upon conviction before the District Magistrate, pay a fine of not more than three hundred dollars ($300.) for each offense and cost of prosecution and, when default in payment thereof, shall be imprisoned in the county jail for a period not to exceed thirty (30) days.
- Each day that a violation is permitted to exist after notice in writing shall have been served shall constitute a separate offense.
Runnemede, B. NJ:
VEHICLES AND EQUIPMENT, ABANDONED
[HISTORY: Adopted by the Mayor and Council of the Borough of Runnemede: Art. I, 5-4-1965 as Ord. No. 190; Art. II, 2-6-1979 as Ord. No. 336. Amendments noted where applicable.]
Garbage and rubbish — See Ch. 68.
House wreckers, automobile junkyards and junk shops — See Ch. 71.
Property maintenance — See Ch. 78.
Public Health Nuisance Code — See Ch. 114.
Abandonment and Outdoor Storage
[Adopted 5-4-1965 as Ord. No. 190]
§ 107-1. Declaration. [Amended 5-3-1994 by Ord. No. 94-5]
It is hereby determined and declared that the placement, abandonment, leaving, keeping or storing out of doors of any motor vehicle not currently in use for transportation and not licensed for the current licensed year, unless authorized by a current restoration permit, or any other unused machine or equipment on public or private lands in the borough is contrary and inimical to the public welfare in that such articles so placed, abandoned or left, kept or stored attract or may attract persons of tender years who, being so attracted, may play in and about and may be injured in doing so, and in that such articles so placed, abandoned or left, kept or stored out of doors, exposed to the elements, deteriorate and in themselves are unsightly and, deteriorated, become more unsightly and are detrimental to depreciate the value of properties in the neighborhood where they are located and in the borough as a whole.
§ 107-2. Prohibition; exemption. [Amended 5-3-1994 by Ord. No. 94-5]
No person shall place, abandon or leave, keep or store, or suffer or permit the placing, abandoning, leaving, keeping or storing, of any article described in § 107-1 of this ordinance out of doors upon any public or private lands in the borough or between the right-of-way side lines of any public thoroughfare therein unless permitted hereunder.
Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed garage, barn or other building.
Nothing herein contained shall be deemed to prohibit the placing, keeping or storage out of doors of a motor vehicle not currently in use for transportation and not licensed for the current licensed year on private lands in the borough if the owner of such private lands has been issued a restoration permit for such motor vehicle.
§ 107-2.1. Motor vehicle restoration permit. [Added 5-3-1994 by Ord. No. 94-5]
A motor vehicle restoration permit will be issued by the Police Department for the Borough of Runnemede on the following terms and conditions:
A restoration permit will be issued to the private property owner only.
The motor vehicle being restored shall be titled to the property owner being issued the permit.
Only one motor vehicle restoration permit at a time will be issued to a property owner.
The motor vehicle restoration permit shall be valid for a maximum of one motor vehicle and shall be valid for one year from the date of issuance.
At all times that the motor vehicle is not being worked on for restoration, said vehicle of the property owner shall be covered with an approved car cover and the area shall be free of debris, litter, discarded parts or equipment utilized for the restoration.
An approved car cover must cover the entire vehicle and be securely fastened to the vehicle. An approved car cover shall be made of material which will resist wind, rain and other weather-related circumstances. The use of bricks, stones, blocks or other material as a fastener shall not be permitted.
The area where the motor vehicle is being stored, placed or left shall be subject to periodic and random inspections by the Runnemede Police Department. Should it be determined that the subject motor vehicle is not being restored or the area surrounding the vehicle being restored is not properly maintained and free of debris, litter, unused parts or equipment, then, in that event, the restoration permit will be rescinded and the property owner will be subject to other provisions of this ordinance.
§ 107-3. Presumption of intent.
If any article described in § 107-1 of this ordinance shall be left, placed, kept or stored on private lands for 10 days or more, it shall be presumed that the owner or tenant 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.
§ 107-4. Violation on private lands.
Whenever it shall appear to any member of the Police Department of the borough that § 107-2 of this ordinance is being violated and that the land on which the violation exists is privately owned, he shall, in writing, notify the owner or tenant 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 borough or into an enclosed garage, barn or other building within 10 days of the service of the notice, which notice shall be served upon such owner or tenant, if he resides in the borough, 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 or tenant shall reside outside the borough, the notice shall be served upon him by registered or certified mail addressed to him at his usual residence if ascertainable, otherwise by notice published in the newspaper in which the legal notices of the borough may be published, and the said owner or tenant shall so abate the violation within the time fixed by the notice.
§ 107-5. Violation on public lands or between right-of-way side lines.
Whenever it shall appear to any member of the Police Department of the borough that § 107-2 of this ordinance is being violated and that the violation exists on public lands or between the right-of-way side lines of any public thoroughfare:
He 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.
He 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 § 107-4 for the service of notice thereunder.
He shall, 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 is not abated in the time required by the notice given under the foregoing Subsection B:
(1) 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 for all other articles.
(2) Unless the articles appear to have a value clearly in excess of such cost, arrange, if he can, for the removal of it or them by someone who will undertake that removal without cost to the borough, but otherwise arrange for that removal at the expense of the borough to an authorized dump.
(3) If the article or articles appear to have a value clearly in excess of said cost, remove it or them or cause it or them to be removed at the expense of the borough to enclosed storage.
(4) If the article or articles are removed under the foregoing Subsection A or Subsections C(2) or (3), give notice, in the manner required by § 107-4 for service of notice thereunder, 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 removal and interim storage charges.
§ 107-6. Forfeit of abandoned vehicles.
If any article or articles impounded by the Police Department under this ordinance shall remain in its possession after three months after notice of the impounding in the case of motor vehicles and for six months for 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 borough shall sell and dispose of them as provided in N.J.R.S. 40:47-20.
§ 107-7. Violations and penalties. [Amended 3-17-1970 by Ord. No. 238]
Anyone who shall violate this ordinance may be fined not more than $500 or be imprisoned in the county jail for not more than 90 days, or both, in the discretion of the Judge before whom he may be convicted.
§ 107-8. Repealer.
All ordinances in conflict with this ordinance or any part of it are hereby repealed as to the conflicting portion or portions.
§ 107-9. When effective.
This ordinance shall take effect immediately upon adoption and publication according to law.
Lopatcong, Twp. NJ:
VEHICLES, ABANDONED; TOWING
[HISTORY: Adopted by the Township Council of the Township of Lopatcong: Art. I, 1-17-1979 as Ord. No. 316; Art. II, 5-5-1993 as Ord. No. 1993-08. Section 223-18 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Property maintenance — See Ch. 165.
Trailers — See Ch. 215.
Vehicles and traffic — See Ch. 227.
Unlicensed vehicles — See Ch. 231.
Storage of Certain Vehicles and Equipment
[Adopted 5-5-1993 as Ord. No. 1993-08]
§ 223-19. Legislative determination.
It is hereby determined and declared that the placing, abandoning, leaving, keeping or storage out of doors of any motor vehicle, not currently registered, inspected and insured for the current year, or other requirements of New Jersey Division of Motor Vehicles, or any unused machinery or equipment, is contrary and inimical to the public welfare.
§ 223-20. Outdoor storage prohibited.
No person shall place, abandon, leave, keep or store or permit the placing, abandoning, leaving, keeping or storing of any vehicles described by this Article out of doors in the Township of Lopatcong. Nothing herein contained shall be deemed to prohibit the storage of any such vehicles in an enclosed garage, barn or other building.
The covering of said vehicle with a tarpaulin or car cover of any type will not be permitted and will be deemed a violation of this Article.
§ 223-21. Exceptions.
Any person may maintain a motor vehicle altered for drag or stock-car racing as long as said motor vehicle is maintained on registered trailers. Vehicles may not be kept in the front yard, and any work done on said vehicles shall not interfere with the setting of the neighborhood.
Owners of antique motor vehicles which are classified as such under the state statutes are exempt for the provisions of this Article as long as they are properly registered and all regulations set forth by the state are followed.
Farm machinery kept on the farmer's own premises shall be exempt from the articles of this Article as long as they are maintained and kept in an orderly manner.
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.
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 thirty (30) days awaiting repairs.
§ 223-22. Time limit.
If any vehicle described in this Article shall be left for not less than ten (10) days on any private property, it shall be considered in violation, and notice shall be be served. If the violation occurs on lands owned by the Township of Lopatcong, immediate action can be taken to correct the violation before notice is sent to the owner of the vehicle in question. § 223- 23. Notice of violation. When a violation is observed, the Lopatcong Township Police Department or the Zoning Officer of the Township of Lopatcong shall serve notice to the tenant, owner or occupant in possession of the land that a violation exists. This notice will serve as notice that the violation must be corrected within ten (10) days of service of such notice. This notice shall be served upon the owner, tenant or occupant personally, by leaving it with any household member, by posting it at the residence in question or by posting it on the vehicle in question. If the owner is known to reside outside the township, then notice shall be served upon him by certified mail, addressed to him at the address of record, such as the address on the tax rolls or address at New Jersey Division of Motor Vehicles. If this address is unascertained, then notice shall be published in the newspaper in which legal notices of the township are published. Said owner, tenant or occupant shall so abate the violation within the time limit fixed by ordinance after receiving such notice.
§ 223-24. Repairs on street.
It shall also be in violation of this Article to leave vehicles on the roadway over ten (10) days while making repairs within the Township of Lopatcong.
§ 223-25. Sales of vehicles.
No person operating a business within the limits of the Township of Lopatcong shall display or permit to be displayed any vehicle for sale, unless he has obtained approval from the Lopatcong Township Zoning Board and has been licensed by New Jersey Division of Motor Vehicles and adhered to the regulations set forth in N.J.S.A. 39:10-1 et seq., unless said vehicle is registered to the business owners or titled.
§ 223-26. Violations on township lands or roads.
Whenever it shall appear to the Lopatcong Township Police Department or Zoning Officer of the Township of Lopatcong that a violation of this Article occurs on township property or any roads within the Township of Lopatcong, he shall:
Determine whether the vehicle constituting the violation constitutes or may constitute a traffic hazard to the public. If so, he shall have it removed to a nonhazardous location or the place of business of the duty tower until the owner shall come to claim it, as in the case of a disabled vehicle on the highway where the owner/operator fails to notify the police of the reason for it being there and when it is going to be removed.
If the vehicle is not creating a hazard, then, if he can, determine who the owner is and serve notice that the vehicle must be removed from the public property within twenty-four (24) hours of service of the notice. Notice of the violation and abatement shall be by notice as stated in the previous section of this Article. If the violation is not abated within that time, action shall be taken to remove the vehicle from the public property and to give the owner ten (10) days to reclaim the vehicle. If the vehicle is not reclaimed within the ten (10) days, the owner shall be brought before the Court to show cause why he violated this Article.
§ 223-27. Noncompliance.
If the owner of the vehicle fails to appear for court or reclaim the vehicle, said vehicle will then be taken into possession of the Police Department and shall be sold at public auction to offset the cost of removal and storage, as prescribed by law. In the event that said costs and such other penalties as may be levied, in accordance with this Article, are in excess of the sale of the vehicle, the outstanding balance shall become a lien upon his property in accordance with law and be collected in the same manner ascribed and established for the collection of liens.
§ 223-28. Violations and penalties.
Anyone who shall violate and provision of this Article shall be fined not more than fifty dollars ($50.) for a first offense. For a second offense, the fine shall not be more than one hundred dollars ($100.) and a period of community service not exceeding thirty (30) days. For a third and subsequent offense, the fine shall not be less than two hundred dollars ($200.) and community service not exceeding ninety (90) days, at the discretion of the Judge before whom said conviction is found. Each and every day said person fails to comply with the notice beyond the date fixed for compliance may be considered a separate and distinct violation.
§ 223-29. Effect of other provisions.
This Article shall not be deemed to limit any other remedy or enforcement of remedy provided by state statute or local ordinance.