[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:
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.
A.
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.
B.
The provisions of Subsection A of this section shall not apply to such a vehicle:
(1)
In an enclosed building, garage, barn or shed; or
(2)
On the premises of a business enterprise operated in
a lawful place and manner, when necessary to the operation of such business
enterprise; or
(3)
In an appropriate storage place or depository maintained
in a lawful place and manner by the Township.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
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.