[HISTORY: Derived from Sec. 3-5 of the 2003 Revised General Ordinances of the Township of Willingboro. Amendments noted where applicable.]
Abandoned refrigerators — See Ch. 276.
No person shall leave or suffer or permit to be left any vehicle, bicycle, cart, wagon, box, barrel, bale of merchandise or other movable property, either owned by such person or in such person's possession, custody or control, upon any street, sidewalk or municipal parking field or lot; excepting, however, that this chapter shall not apply to materials lawfully placed at the curbs or sides of streets for collection by the garbage or rubbish removers.
The Director of Public Safety of the Township of Willingboro shall remove or cause to be removed any cart, bicycle, wagon, box, barrel, bale of merchandise or other movable property found upon any street, sidewalk or municipal parking field or lot and shall take same or shall cause same to be taken to property or premises of the Township where the same shall be held until redeemed or sold as hereinafter provided.
Whenever the Director of Public Safety shall receive any property containing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person advising the amount necessary to redeem such property.
Such property may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and the owner shall be entitled to receive such property upon the tendering of the sum as provided in § 150-10B, and the person seeking to redeem such property shall also be required to pay the cost of advertising the sale thereof. These costs and any other fees for redemption of impounded property or costs of sale chargeable to an owner or person entitled to possession of impounded property are in addition to any other penalty provided for violations of this chapter. No property shall be delivered to the person seeking to redeem it unless proof is submitted establishing to the satisfaction of the Director of Public Safety such person's ownership or right to possession. Any delivery to a person apparently entitled thereto shall be a good defense to the Township against any other person claiming to be entitled thereto, but if the person to whom delivery is made is in fact not entitled thereto, the person to whom the delivery ought to have been made may recover the property, with interest and costs, from the person to whom the property shall have been delivered.
Where any such property remains in the custody of the Director of Public Safety for a period of 15 days after removal and with respect to which no person has presented to the Director of Public Safety proof establishing to the Director's satisfaction such person's ownership or right to possession as hereinabove stated, the Director of Public Safety shall give public notice in the official newspaper of the Township advising that at a specified place and time, not less than five days after such notice is published, such property will be sold at public auction for the best price the Director of Public Safety can obtain. A general description in such notice of the property to be sold shall be sufficient. The sale shall be conducted by the Director of Public Safety or by any employee of the Police Department designated by the Director of Public Safety or by an auctioneer designated by the Director of Public Safety.
In the event that such property shall remain unsold at public auction, the Director of Public Safety may reoffer the property for sale at a subsequent public auction held pursuant to the provisions of this chapter, or the Director of Public Safety may dismantle, destroy or otherwise sell or dispose of such property. Any such sale or other disposition of such property pursuant to the provisions of this chapter shall be without liability on the part of the Township to the owner of such property or other person lawfully entitled thereto or having an interest therein.
Immediately after property is redeemed, the Director of Public Safety shall pay over to the Treasurer of the Township the amount received for redemption, costs and expenses of the article redeemed, together with an itemized statement thereof. Immediately after a sale or other disposition of such property, the Director of Public Safety shall pay over to the Treasurer the proceeds of sale or other disposition of such property, with an itemized statement of the article sold, the price received and the costs and expenses of sale, and the Treasurer shall retain and credit the general surplus fund with so much of the proceeds as equals the costs and expenses of such sale, plus the sum as provided in § 150-10B for each such vehicle sold, to cover the cost of removing and storing the property. All costs and expenses, plus costs of removal of vehicles, if any, are in addition to any other penalty provided for violations of this chapter. The remainder of the moneys realized from such sale shall be paid, without interest, to the lawful owner thereof.