[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.]
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.
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.
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.
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.
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.
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.