[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 11-19-1984 (Ch. 112 of the 1982 Code). Amendments noted where applicable.]
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, truck,
truck trailer or other vehicle which:
Is parked without the current year's registration or identification
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.
Refers to the sequestration of the motor vehicle, junk automobile
or junk automobile body at a place of storage.
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.
Any motor vehicle, ominbus, road tractor, trailer, truck,
truck tractor or other vehicle and shall have the meaning as described
to the foregoing words as contained and defined in N.J.S.A. 39:1.1
et seq.
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.
Refers to a junkyard or other approved storage area, but any such junkyard or other storage area is subject to any and all provisions contained in this chapter, specifically § 321-2B hereof, and any and all other ordinances of the Borough of Swedesboro.
The Police Department of the Borough of Woolwich.
A.
Abandonment prohibited. It shall be unlawful for any person to abandon
or suffer or permit the abandonment of any motor vehicle, junk automobile
or junk automobile body, out of doors upon any public or private lands
in the Borough of Swedesboro or any public street or between the right-of-way
side lines of any public right-of-way therein.
B.
Storage prohibited. No person shall place, keep or store any junk
automobiles or junk automobile bodies, as heretofore defined in this
chapter, on any public or private property within the Borough of Swedesboro.
C.
Presumption. 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.
D.
Exclusion. Nothing herein contained shall be deemed to prohibit the
placing, keeping or storage of any motor vehicle, junk automobile
or junk automobile body in an enclosed garage, barn or other building.
A.
Impounding vehicles. Whenever any officer of the 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 Police Department shall remove, secure
the removal of and/or impound said vehicle, junk automobile or junk
automobile body in accordance with the procedures hereinafter set
forth:
(1)
Public property. Whenever any motor vehicle, junk automobile or junk automobile body is found on any public street, highway or public property, an emergency condition is herewith declared to exist, and any officer of the 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 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 Subsection A(3) below.
(2)
Private lands.
(a)
Whenever any motor vehicle, junk automobile or junk automobile
body is found 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 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 given
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.
(b)
In the event that at the expiration of five days the violation
of the provisions of this chapter still exist, any member of the Police
Department is 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 to the owner or
tenant of the private land on which the violation is occurring in
the manner hereinafter established.
(3)
Notice of impoundment.
(a)
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 automobile or junk automobile body or to the owner or tenant of lands upon which a violation is occurring pursuant to § 321-2C above, in writing, by registered mail at the last known address of the party to be served and shall contain the following:
[1]
The time and place of impoundment.
[2]
Location of the motor vehicle, junk automobile or junk automobile
body.
[3]
The reason for impoundment.
[4]
The amount and nature of penalties and costs that may be entered
against him.
[5]
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.
[6]
A statement of the time and place of sale.
(b)
The address of the owner as shown on the records of the State
Division of Motor Vehicles shall be deemed sufficient for the purposes
of this chapter.
B.
Sale of impounded vehicles. Whenever any motor vehicle, junk automobile
or junk automobile body is impounded by the Police Department and
remained unclaimed for a period of 60 days, the motor vehicle, junk
automobile or junk automobile body shall be sold under the directions
of the Solicitor of the Borough of Swedesboro or his designate 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 Swedesboro as
a cost of administration.
A.
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 mentioned in § 321-3B above, and in the event that the violator is a property owner as specified in § 321-2C above, said costs and such other 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 ascribed and established for the collection of liens.
B.
Any person who violates any provisions 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
Judge, and each day that violation shall continue, it shall be deemed
a separate offense.
C.
A continuance of a violation or a noncompliance with the provisions
of this chapter shall be deemed a nuisance, and the Mayor and Council
shall have the right to apply to the courts of this state for injunctive
relief or other relief in addition to the penalties provided for herein.
