Union City, NJ Chapter 418 Vehicles, Impoundment of

[HISTORY: Adopted by the Board of Commissioners of the City of Union City by Ord. No. 3989 (§ 4-7 of the 1996 Revised General Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Vehicles and traffic — See Ch. 16.

Towing — See Ch. 397.

Abandoned vehicles — See Ch. 412.

§ 418-1 Authority.

Pursuant to N.J.S.A. 39:4-139.13, the governing body of any municipality may enact an ordinance authorizing the impoundment or immobilization of a vehicle within the municipality if there are any outstanding warrants against the vehicle.

§ 418-2 Impoundment or immobilization.

A. Police officers or their designee shall impound or immobilize any vehicle found within the City where there are outstanding warrants against such vehicle.

B. Subsection A above shall not apply to vehicles which are leased and for which the lessor provides the name and address of the lessee and provides proof to the City that the outstanding warrants are not against the lessor and do not involve the condition of the vehicle when it was in control of the lessor.

§ 418-3 Sale of vehicle.

A. If the outstanding warrants are not paid by midnight on the 30th day following the day on which the vehicle is impounded or immobilized, the vehicle may be sold at public auction held by the City.

B. Prior to the sale of such vehicle, the City shall give notice, by certified mail, to the owner, if his/her name and address are known, and to the holder of any security interest filed with the Director of the Division of Motor Vehicles, and by publication in a newspaper, published in the state and circulated in the City of Union City, once at least five days before the date of the sale.

§ 418-4 Reclamation of vehicle.

A. At any time prior to the sale of the vehicle, the owner of such vehicle, or other person entitled to the motor vehicle, may reclaim possession of the motor vehicle upon payment of the reasonable cost of removal and storage of the motor vehicle and any fine or penalty and court costs assessed against him/her for the violation that gave rise to the impoundment or immobilization of the motor vehicle and any outstanding warrants against the vehicle.

B. The owner/lessor of an impounded motor vehicle who has complied with the provisions set forth in § 418-2B shall be entitled to reclaim possession of the vehicle without payment, and the lessee shall be liable for any fine, penalty, court costs or outstanding warrants against the vehicle.

§ 418-5 Proceeds of sale.

Any proceeds obtained from the sale of the vehicle at public auction in excess of the amount owed to the City for the reasonable cost of removal and storage of the motor vehicle, any fines or penalties and court costs assessed for violations that gave rise to the impoundment or immobilization of the motor vehicle and any outstanding warrants against the vehicle shall be returned to the owner of the vehicle, if his/her name and address are known.

§ 418-6 Contract for enforcement services.

The City, at its option, may enter into a contract with a public agency or private organization for services to be rendered in the processing of parking offenses under this chapter. If the City exercises this option to contract with a public agency or private organization for their services, it shall submit a plan to the Supreme Court describing the services to be provided and the procedures to be used. The Supreme Court shall approve such plan prior to its implementation.