[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown
by Ord. No. 1987-4 (Sec. 3-13 of the Revised General Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 210.
It is hereby determined and declared that the abandonment or storage
out of doors of any motor vehicle not currently in use for transportation
and not currently licensed or registered on any public streets or on any public
or private lands within the borough is contrary and inimical to the public
welfare in that such articles so abandoned or stored attract, or may attract,
persons of tender years who, being so attracted, may play in and about them
and be injured in so doing, and in that such vehicles so abandoned or stored
out of doors, exposed to the elements, deteriorate and in themselves are unsightly
and deteriorating become more unsightly and are detrimental to and depreciate
the value of properties in the neighborhood where they are located and in
the borough as a whole.
The following terms, phrases and words 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-trailer, or other vehicle contained and defined in N.J.S.A. 39:1-1 et
seq., which:
Is parked without the current year's registration, identification or
inspection markers as required by law;
Has been continuously parked in any public street or on any public land
for a period of 10 days;
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;
Is found to be mechanically inoperative and is allowed to remain inoperative
for a period of seven days (said period of time may be extended, for good
cause, by the Police Department); or
Is found without one or more tires.
Refer to the sequestration of the motor vehicle, abandoned vehicle,
junk automobile or junk automobile body at a place of storage.
Is defined to mean any automobile which is no longer in actual use
as a motor vehicle or which is wholly unfit, without rebuilding or reconditioning
for use in highway transportation or which has been discarded for use as a
motor vehicle or otherwise abandoned.
Defined as any motor vehicle, omnibus, road tractor, trailer, truck,
truck-tractor or other vehicle and shall have the meaning as ascribed to the
foregoing words as contained and defined in N.J.S.A. 39:1-1 et seq., of the
Revised Statutes of the State of New Jersey.
Any individual, firm, partnership or corporation being the owner,
or having any legal right in, or to the motor vehicle or other vehicle as
herein defined or any tenant residing on the property in question.
Refer to a junk yard or other approved storage area, but any such junk yard or other storage area is subject to any and all provisions contained in the section, specifically § 208-3B hereof, and any and all other ordinances of the Borough of Wrightstown.
The Police Department of the Borough of Wrightstown.
A.
Abandonment prohibited. It shall be unlawful for any
person to abandon or suffer or permit the abandoning of any motor vehicle,
junk automobile or junk automobile body out of doors upon any public or private
lands in the Borough of Wrightstown, or on any public street or between the
right-of-way side lines of any public right-of-way therein.
B.
Storage prohibition. No person shall place, keep or store
any junk automobile body, or abandon any motor vehicle, as heretofore defined
in this chapter, on any public or private property within the Borough of Wrightstown.
If any motor vehicle, junk automobile or junk automobile body shall
be abandoned on private lands for 10 days or more, it shall be presumed that
the owner or tenant in possession of said land has abandoned it there or permitted
or suffered it to be abandoned there.
Nothing herein contained shall be deemed to prohibit the placing, keeping
or storage of any motor vehicle, junk automobile or junk automobile body in
a totally enclosed garage, barn or other building.
A.
Impounding vehicles. Whenever any officer of the Borough
Police Department finds any motor vehicle, junk automobile or junk automobile
body which has been abandoned, kept or stored contrary to the provisions of
this chapter, such member of the Borough Police Department may remove, secure
the removal of and/or impound said motor vehicle, junk automobile or junk
automobile body in accordance with the procedures hereinafter set forth.
B.
Public property regulations. Whenever any motor vehicle,
junk automobile or junk automobile body is found abandoned on any public street,
highway or public property, an emergency condition is herewith declared to
exist and any officer of the Borough Police Department is hereby authorized
to immediately remove, secure the removal and/or impound the motor vehicle,
junk automobile or junk automobile body without the necessity of notice prior
to said impoundment; after impoundment, the Borough Police Department shall
use diligent efforts to identify and locate the owner of the impounded motor
vehicle, junk automobile or junk automobile body and notify the owner in accordance
with this chapter.
C.
Private lands regulations.
(1)
Whenever any motor vehicle, junk automobile or junk automobile
body is found abandoned on any private land in violation of the provisions
of this chapter, or if probable cause exists that a violation of this chapter
exists, then any officer of the Borough Police Department shall cause the
owner of the motor vehicle, junk automobile or junk automobile body if he
can be found, 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 personally given or by registered mail sent to the last
known address of the owner of the motor vehicle, junk automobile or junk automobile
body and/or the owner or tenant of the property.
(2)
In the event that, at the expiration of five days, the
violation of the provisions of this chapter still exist, any member of the
Borough Police Department is authorized to proceed in accordance with law
to impound the motor vehicle, junk automobile or junk automobile body to a
place of storage. Notice of said impoundment shall be given to the owner of
the motor vehicle, junk automobile or junk automobile body or the owner or
tenant of the private land on which the violation is occurring in the manner
hereinafter established.
D.
Exclusions. Nothing heretofore mentioned shall be deemed
to prevent any of the following activities from being conducted on private
lands under the conditions or by the people referred to:
(1)
One motor vehicle in accordance with the definition set
forth above, which does not possess the current year's registration may be
maintained on a single parcel of land having a single family residential dwelling
on it as long as the motor vehicle is in a complete and operable condition.
(2)
Any person may maintain one motor vehicle altered for
drag or stock car racing as long as said motor vehicle is maintained on a
registered trailer.
(3)
Owner and operators of new or used car sales businesses
must comply with all provisions of this chapter except for the requirement
of registration and inspection.
Any person who possesses, owns or maintains a motor vehicle covered under any one of the exclusions referred to above (§ 208-6D) shall obtain from the Chief of Police an exempt certificate which shall indicate that the motor vehicle in question comes under one of the exclusions referred to. Said exempt certificate shall be valid for one year from the date of issuance. All owners of exempt certificates shall display the exempt certificates on the windshield or other prominent place on the motor vehicle in question so that it is readily observable by the enforcement officials under this chapter. No fees shall be charged for the issuance on an exempt certificate.
Notice to owner. Notice of the impoundment of any motor vehicle, junk
automobile or junk automobile body shall be given to the owner of said motor
vehicle, junk vehicle or junk automobile body or to the owner or tenant of
lands upon which a violation is occurring in writing, personally or by registered
mail, at the last known address of the party to be served and shall contain
the following:
A.
The time and place of impoundment.
B.
Location of the motor vehicle, junk automobile or junk
automobile body.
C.
The reason for impoundment.
D.
The amount and nature of penalties and costs that may
be entered against him.
E.
A statement that a sale of the motor vehicle, junk automobile
or junk automobile body will occur after 60 days if the motor vehicle, junk
automobile or junk automobile body is not reclaimed.
F.
A statement of the time and place of sale. (The address
of the owner as shown on the records of the State Division of Motor Vehicles
shall be deemed sufficient for the purpose of this chapter).
Whenever any motor vehicle, junk automobile or junk automobile body
impounded shall remain unclaimed for a period of 60 days, the motor vehicle,
junk automobile or junk automobile body may be sold at public auction to the
highest bidder. Such auction held shall take place after notice of such sale
has been given at least seven days prior thereto by one publication in the
newspaper circulated in the borough and upon the mailing of a copy of said
notice to the owner of the motor vehicle, junk automobile or junk automobile
body and/or to the owner or tenant of the lands upon which a violation is
occurring, by registered mail at least seven days prior to the sale. All revenues
collected from the sale of the motor vehicle, junk automobile or junk automobile
body shall be retained by the Borough of Wrightstown as a cost of administration.
Any person who violates any provision of this chapter shall, upon conviction,
be punished by a fine not exceeding $500 or by imprisonment not exceeding
90 days, or both, at the discretion of the Municipal Court Judge, and each
day that said violation shall continue shall be deemed a separate offense.
Any person who violates the provisions of this chapter shall, in addition
to such other penalties as may be prescribed, pay all costs of removal, impoundment
and sale not paid for out of the proceeds of the sale, and in the event that
the violator is a property owner, said costs and such other fines and penalties
as may be levied in accordance with this chapter shall become a lien upon
his property in accordance with law and be collected in the manner prescribed
and established for the collection of liens.
