[HISTORY: Adopted by the Township Committee
of the Township of Hazlet 3-16-1982 by Ord. No. 555-82 as Sec. 6-7 of the
1982 Revised General Ordinances (Ch. 303 of the 1993 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
One which is parked in any of the places enumerated in § 436-2 and which is any one of the following:
Parked without the current year's registration
or identification markers, as required by law.
So disabled as to constitute an obstruction
to traffic and the driver or person owning or in charge thereof neglects
or refuses to move the same to a place so as not to obstruct traffic.
Found to be mechanically inoperative.
Found without one or more tires.
The meanings stated and as defined in N.J.S.A. 39:1-1 et
seq.
[Amended 11-10-1987 by Ord. No. 690-87; 8-2-1988 by Ord. No. 711-88]
A.
It shall be unlawful for any person to abandon a motor
vehicle, omnibus, road tractor, trailer, truck, truck tractor or vehicle
on any public street or highway in the Township, on any municipally
owned or operated parking lot or any property which is owned, leased
or maintained by the Township or the Township Board of Education or
any private property in the Township. Nothing herein shall be determined
to prohibit the placing, keeping, storing or abandonment of any such
motor vehicle in a garage or other building in the Township or on
the lands and premises of a licensed new or used automobile dealer
or licensed service station operator. Such licensed service station
operator shall not allow any motor vehicle or motor vehicles to be
parked on his or her lands and premises without repairs having been
completed and the vehicles being removed for a period exceeding 30
days.
B.
Waiver permits. The Chief of Police or the superior police officer designated by the Chief of Police shall issue permits to any property owner or tenant who shall request, on a form prepared by the Chief of Police, a waiver of the provisions of Subsection A of this section. Such waiver permit shall be effective for such reasonable time as the Chief of Police or his or her designee shall, under the relevant circumstances, determine, but in no event shall any waiver permit be issued for a period in excess of one year. Waiver permits shall be issued only in cases of serious personal hardship to the applicant or a member of his or her immediate family. "Serious personal hardship" shall mean prolonged illness or disability, employment, travel or temporary residence elsewhere and shall be liberally construed in favor of the applicant. No more than two waiver permits shall be issued to or for the benefit of any one owner of motor vehicles. All waiver permits shall contain such information as the Chief of Police or his or her designee shall determine is reasonably necessary for the purpose of identifying the applicant, the owner of the motor vehicle, the property where the motor vehicle is being kept or maintained, the reason for its issuance, its date of issuance and its date of expiration. All waiver permits shall be signed by the Chief of Police or his or her designee.[1]
C.
Display of permit. A waiver permit shall be displayed prominently on the inside of the windshield of the motor vehicle for which the permit is issued. The failure to so display a waiver permit shall be a violation of Subsection A of this section if all other elements of Subsection A are satisfied. No violation of Subsection A shall exist while an application for a waiver permit made pursuant to Subsection B of this section is pending before the Chief of Police or his or her designee.
A.
Whenever it shall appear to any police officer that
there is a violation of this chapter, the officer shall determine
whether the violation constitutes a traffic hazard, and if so, he
or she shall forthwith move it or cause it to be moved to a nonhazardous
location.[1]
B.
If the location of the vehicle does not create a traffic
hazard or has been removed at the direction of the officer to a nonhazardous
location, the officer shall ascertain, if possible, who the owner
of the vehicle is and shall, in writing, notify such owner to abate
the violation forthwith, and in all events, within five days after
the service of the notice upon him or her. If the violation shall
be upon private property, then the owner of the private property shall
be given notice in the same manner.
Notice shall be served upon the owner of the
vehicle if he or she resides in the Township, personally or by leaving
it at his or her usual place of abode with some member of his or her
household over the age of 14 years. If the owner shall reside outside
the Township or the state, the notice shall be served upon him or
her by registered mail, addressed to him or her at his or her usual
residence, if ascertainable, otherwise by notice published once in
the legal newspaper of the Township. The notice shall be likewise
served upon the holder of any security interest in the vehicle in
the same manner.
If the vehicle causing 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 vehicle cannot
be ascertained or if the violation is not abated in the time required
by the notice:
A.
A police officer shall determine whether the vehicle
has a value in excess of the cost of removing it and storing it until
time of sale, pursuant to N.J.S.A. 39:10A-1.
B.
Unless the vehicle appears to have a value clearly
in excess of such costs, the police officer shall arrange, if possible,
for the removal of it by someone who will undertake removal without
cost, but otherwise the police officer shall arrange for removal at
the expense of the owner of the vehicle.
[Amended 11-10-1987 by Ord. No. 690-87]
C.
If the vehicle appears to have a value clearly in
excess of its cost, the police office shall remove it or cause it
to be removed at the expense of the owner of the vehicle.
[Amended 11-10-1987 by Ord. No. 690-87]
D.
If the vehicle is removed, the officer shall give
notice to the owner of the vehicle of the removal and of the place
to which the vehicle has been removed.
The owner or other person entitled to the vehicle
may reclaim possession of it upon payment of the reasonable cost of
removal and storage and any fine or penalty and court costs assessed
against him or her for a violation of this chapter.
[Amended 11-10-1987 by Ord. No. 690-87]
A.
If the Township takes possession of a motor vehicle,
pursuant to N.J.S.A. 39:10A-3, it shall certify, in its report to
the Director of Motor Vehicles on an application prescribed by him
or her, that such vehicle is incapable of being operated safely or
of being put in safe operational condition, except at a cost in excess
of the value thereof. The Division of Motor Vehicles, without further
certification or verification, shall issue to the Township, for a
fee of $1, a junk title certificate thereto, with proper assignment
thereon, which shall be assigned and delivered to the purchaser of
the vehicle at public sale.
B.
Upon the sale of any vehicle for which no junk title
certificate shall have been issued, the Township shall execute and
deliver to the purchaser an application for certificate of ownership
prescribed by the Director of Motor Vehicles in the same form and
manner as provided in N.J.S.A. 39:10A-15, which shall also contain
the name and address, if known, of the former owner.
If any vehicle impounded shall remain in custody
30 days after notice of the impounding has been given to the owner,
the owner's right to reclaim it by paying the costs of removal and
interim storage charges shall be forfeited, and the Township Committee
shall sell and dispose of the impounded vehicle as provided in N.J.S.A.
39:10A-1. Upon the sale of the vehicle, all claims of interest therein
shall be forever barred, and the proceeds realized after payment of
the expense of possession and sale shall be remitted to the Township
as its sole property.
[Added 9-21-1993 by Ord. No. 923-93]
For violation of any provision of this chapter, the maximum penalty, upon conviction, shall not exceed the maximum penalties set forth in Chapter 1, General Provisions, Article III. Each and every violation of any provision of this chapter shall be considered a separate violation and shall subject the person so charged to the maximum penalty.
