Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Livingston 11-5-1979 as §§ 18-1 and 18-11 to 18-16 of the 1979 Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any real property within the Township which is not a street or highway.
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.
A machine propelled by power other than human power designed to travel along the ground by the use of wheels, treads, runners or slides, and shall include, without limitation, an automobile, truck, trailer, motorcycle, tractor, buggy and wagon. It shall not include trailers parked or stored in compliance.
No person shall:
Abandon any vehicle within the Township; or
Leave any vehicle at any place within the Township for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.
No person shall leave, or cause to be left, any nonoperating, discarded, dismantled, wrecked, junked, or unlicensed vehicle on any street or public place within the Township.
No person in charge or control of any property within the Township, whether as owner, tenant, lessee, occupant, or otherwise, shall place, deposit, store, leave or keep any discarded, wrecked, junked, dismantled or partially dismantled vehicle, which is also unlicensed or nonoperating, on such property, or suffer, permit or allow any such vehicle to be placed, deposited, stored, left or kept on such property, for a longer period of time than 15 days.
The provisions of Subsection A of this section shall not apply to such a vehicle:
In an enclosed building, garage, barn or shed; or
On the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or
In an appropriate storage place or depository maintained in a lawful place and manner by the Township.
The Chief of Police, or any member of the Division of Police, is hereby authorized to remove, or to cause to be removed, any vehicle left on any street or public place within the Township which reasonably appears to be in violation of this chapter or which appears to have been lost, stolen or unclaimed.
With respect to vehicles on private property, the Chief of Police shall serve, or cause to be served, a notice in writing, either personally or by certified mail, upon the owner, tenant, lessee, or occupant or the property, requiring such owner, tenant, lessee, or occupant, as the case may be, to remove such vehicle within a certain period of time not less than 15 days after the date of service, to be specified in the notice.
In the event that such vehicle is not removed within the time specified, the Chief of Police may impound said vehicle or cause the same to be impounded, and for that purpose may enter upon private property upon which such vehicle may be located.
Any vehicle impounded pursuant to any of the provisions of this chapter shall be held until lawfully claimed or disposed of in accordance with the provisions of N.J.S.A. 39:10A-1 et seq., or N.J.S.A. 40A:14-157, whichever may be applicable.
The owner of any private property from which a vehicle is removed and impounded pursuant to the preceding section, and the tenant, lessee or occupant of the premises, if any, shall be jointly and severally liable for the cost and expense, including reasonable overhead charges, paid or incurred by the Township in affecting such removal and impounding, and shall be paid by the person or persons liable therefor upon demand. In the event such payment is not made, the amount due shall become a lien upon the lot or tract of real estate from which such vehicle was removed and shall be added to and form a part of the taxes next to be assessed and levied upon such lands, to be collected and enforced in the same manner as taxes upon real estate.
The cost and expenses referred to in Subsection A of this section may be collected in a civil action or in such manner as may be provided by law.
Unless another penalty is expressly provided herein, any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.