[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 9-13-1988.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Towing — See Ch. 262.
Vehicles and traffic — See Ch. 268.
Recreational vehicles — Ch. 271.
[1]
Editor's Note: This ordinance also repealed former Ch. 87, Vehicles,
Abandoned, adopted 2-11-1986, as amended.
The Borough Council hereby finds, determines and declares that the keeping,
storage or abandonment of any motor vehicle not currently used for transportation
or not licensed for operation in the current year, upon open lands within
the limits of the Borough, is hereby declared to be a nuisance and contrary
to the public health, safety and welfare of the inhabitants of the Borough,
in that such articles so abandoned or stored attract or may attract persons
of tender years who may play in and about them and be injured in so doing
and in that such vehicles so abandoned and stored out of doors and exposed
to the elements deteriorate, and the exposure to view of such motor vehicles
is unsightly and detrimental to the character and appearance of the Borough.
The following terms, phrases and words, as used in and for the purpose
of this chapter, shall be deemed to have the following meanings:
Includes any motor vehicle, omnibus, road tractor, trailer, truck, truck
tractor or vehicle which:
Has remained on or about private property or public property without
the consent of the owner or other person so in charge of said property for
a continuing period of more than 48 hours;
Does not have current license plates or registration;
Is found to be partially dismantled, mechanically inoperative, wrecked,
junked or discarded and is allowed to remain in such condition for a period
of 48 hours;
Is found without one or more tires and is allowed to remain in such
condition for a period of 48 hours; or
Is 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 where it shall not obstruct traffic.
This definition shall not be construed as prohibiting a vehicle owner
from making repairs to one personal, registered vehicle, on private property,
with the property owner's consent, for a reasonable time not exceeding 30
days.
Intended to have the meanings stated and defined in N.J.S.A. 39:1-1
et seq.
The Police Department of the Borough of Netcong.
It shall be unlawful for any person to store or abandon or suffer or
permit the storage or abandonment of any motor vehicle as defined herein out
of doors upon any public or private lands in the Borough of Netcong, or on
any public street; provided, however, that nothing herein contained shall
be deemed to prohibit the placing, keeping or storage of any such motor vehicle
in a garage or other enclosed structure within the Borough.
A.
Summons; vehicle impoundment. Whenever any member of
the Police Department finds any motor vehicle which has been abandoned, kept
or stored contrary to the provisions of this chapter, such member may issue
a summons, remove, secure the removal of and/or impound said motor vehicle
in accordance with the procedures hereinafter set forth.
(1)
Public property. Whenever any abandoned motor vehicle is found on any public street, highway or public property, any member of the Police Department is authorized to issue a summons to any person, firm or corporation deemed to be in violation of this chapter. In addition, an emergency condition is herewith declared to exist, and any member of the Police Department is hereby authorized to immediately remove, secure the removal of and/or impound such motor vehicle without the necessity of notice prior to said impoundment. After impoundment, the Police Department shall use diligent efforts to identify and locate the owner of the impounded motor vehicle which has been abandoned and notify the owner in accordance with § 266-5 below.
(2)
Private lands.
(a)
Whenever any abandoned motor vehicle is found on any
private land in violation of the provisions of this chapter, any member of
the Police Department shall cause the owner of said motor vehicle, if he can
be ascertained or located, or the owner or tenant of the private lands upon
which the violation is occurring to be given five days' written notice that
said violation exists. Said notice shall be given by personal service or certified
mail sent to the last known address of the owner of the motor vehicle and/or
the owner or tenant of the property.
(b)
In the event that at the expiration of five days a violation of the provisions of this chapter still exists, a summons may issue, and a penalty may be imposed in accordance with § 266-7 of this chapter against the owner of the vehicle, if known, or against the owner and/or tenant, as appropriate, of the private lands upon which the motor vehicle has been abandoned, for each and every day that the vehicle remains in violation of this chapter. Any member of the Police Department is further authorized, in his discretion, to remove any vehicle left at any place within the Borough which is deemed to be in violation of this chapter. Such vehicle may be impounded until lawfully claimed or disposed of in accordance with applicable statutes and the procedure set forth hereinafter. Notice of said impoundment shall be given to the owner of the motor vehicle and/or the owner or tenant of the private land upon which the violation occurred in the manner hereinafter established.
(c)
In the case of motor vehicles found abandoned on commercial
or multifamily housing properties, all notices and summonses authorized in
this chapter shall be directed to the owners of such properties whenever the
vehicle owner cannot be ascertained or located as provided above.
A.
Notice of the impoundment of any motor vehicle shall
be given to the owner of said motor vehicle or to the owner or tenant of the
private lands upon which the violation has occurred, in writing, by personal
service or by certified mail at the last known address of such person, and
shall contain the following:
(1)
The time and place of impoundment.
(2)
The location of the motor vehicle.
(3)
The reason for impoundment.
(4)
The amount and nature of penalties and costs that may
be entered against such person.
(5)
A statement that a sale of the motor vehicle will occur
after the appropriate time period as set forth in N.J.S.A. 39:10A-1, Subdivision
b, if the motor vehicle is not reclaimed.
B.
Towing and storage fees. Upon notification to the appropriate party as required herein, towing and per diem storage fees shall be imposed as provided in Chapter 262, Towing. Such costs shall be imposed until all charges and costs are paid and the impounded vehicle is claimed and picked up by the property owner or the impounded vehicle is sold at public auction as provided hereinafter.
[Amended 11-12-1998 by Ord.
No. 98-15]
C.
Sale of impounded vehicles. Whenever any motor vehicle
impounded by the Police Department shall remain unclaimed for the minimum
holding period set forth in N.J.S.A. 39:10A-1, Subdivision b, such vehicle
may be subject to sale at public auction as provided in N.J.S.A. 39:10A-1
et seq. The Borough Council may by resolution provide for the sale or any
such property at public auction, after notice of a designated time and place
therefor, not less than five days prior thereto, by one publication in a newspaper
circulating within the Borough and by notifying the owner of the motor vehicle
and/or the owner or tenant of the lands upon which the violation occurred,
in writing, by personal service or certified mail. All moneys received from
the sale of any such property shall be paid into the general municipal treasury.
The provisions of this chapter shall not apply to a vehicle on the premises
of a business enterprise operated in a lawful place and manner, when necessary
to the operation of the business enterprise, or a vehicle in an appropriate
storage place or depository maintained in a lawful place and manner by the
Borough of Netcong.
