[HISTORY: Adopted by the Township Committee of the Township
of Riverside 3-14-1973 by Ord. No. 5-1973 (Ch. 242 of the 1995
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, trailer,
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.
Refers to the sequestration of the motor vehicle, abandoned
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, 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 of 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.
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 § 413-2B hereof and any and all other ordinances of the Township of Riverside.
The Police Department of the Township of Riverside.
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 Township of Riverside 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 or junk automobile body or abandon any motor vehicle, as
heretofore defined in this chapter, on any public or private property
within the Township of Riverside.
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 vehicle, junk automobile or junk
automobile body in a totally enclosed garage, barn or other building.
A.
Impounding vehicles. Whenever any officer of the Township 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 Township Police Department shall
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.
(1)
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 Township 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 Township 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 regulations.
(a)
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 Township 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 exists, any member of the
Township Police Department is authorized to proceed in accordance
with law to impound the motor vehicle, junk automobile or junk automobile
body and to remove said 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.
(c)
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, within 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]
Owners and/or operators of new or used motor vehicles sales
businesses and of motor vehicle repair businesses need not comply
with the registration and inspection requirement.
(d)
Exempt certificates. Any person who possesses, owns or maintains a motor vehicle covered under any one of the exclusions referred to above {except Subsection A(2)(c)[3]} shall obtain from the Director of Public Safety an exempt certificate, which shall indicate that the motor vehicle in question comes under one of the exclusions referred to in Subsection A(2)(c) above. Said exempt certificate shall be valid for one year from the date of issuance. All owners of exempt certificates shall display the exempt certificate 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 of an exempt certificate.
[Amended 3-28-1994 by Ord. No. 1994-4]
(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 § 413-2C 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]
The 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 purpose
of this chapter.
B.
Sale of impounded vehicles. 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 shall be sold under the direction of the Township Administrator
of the Township of Riverside or his designee 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 Township 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 Township of Riverside 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 § 413-3B above, and in the event that the violator is a property owner, as specified in § 413-2C above, 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 collected in the manner ascribed and established for the collection of liens.
B.
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under Chapter 1, Article II, General Penalty.
[Amended 9-25-1995 by Ord. No. 1995-10; 8-23-2006 by Ord. No.
2006-18]
C.
A continuance of a violation or a noncompliance with the provisions
of this chapter shall be deemed a nuisance and the Township Committee
shall have the right to apply to the courts of this state for injunctive
relief in addition to the penalties provided for herein.
