[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington 6-18-1986 as Ord. No. 86-5. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Keeping, storing or deserting of any motor vehicle not currently
used for transportation and not being licensed or inspected for the
current year.
Taken into custody and possession of the Mount Arlington
Police Department by finding or recovery, by removal due to abandonment
by the owner or operator, by order of the police force acting in the
line of duty or in any other lawful manner or its authorized towing
and storage agent.
Any unused machines or parts of machines upon property, streets
or highways within the borough.
Any real property within the borough which is not a street
or highway.
The entire width between the boundary lines of every way
maintained, when any part thereof is open to the use of the public
for purposes of vehicular travel.
A machine propelled by other than human power, designed to
travel along the ground by use of wheels, treads, runners or slides
and to transport persons or property or pull machinery, including,
but not by way of limitation, an automobile, truck, trailer, motorcycle,
tractor, buggy or wagon and all all-terrain vehicles (ATVs).
No person shall keep, abandon or leave upon any property, street,
road, alleyway or parkway in the Borough of Mount Arlington any vehicle
which cannot be lawfully operated on a public roadway in accordance
with the laws of the State of New Jersey or which cannot be readily
operated under its own power.
A.
No owner, possessor or occupant of land within the borough shall
permit the storage or placing upon such land of any machines, or parts
of machines, or automobiles, or parts of automobiles or vehicles,
so in need of repair as to render the same incapable of being readily
operated under their own power, except where such storage is specifically
authorized by the Zoning Ordinance of the borough and the laws pertaining
thereto.[1]
B.
Exceptions.
[Amended 5-16-1990 by Ord. No. 90-5; 3-15-1995 by Ord. No. 95-1; 5-20-1998 by Ord. No. 98-12; 2-9-2004 by Ord. No. 02-04; 12-12-2005 by Ord. No. 26-05]
(1)
An owner or the occupant of land may keep, maintain or temporarily
store a single motor vehicle upon private property for purposes of
sale of the same or its noncommercial repair, restoration or improvement.
(2)
Nothing contained in this Subsection B for the temporary storage
of a vehicle for sale shall be construed as authorizing or permitting
the commercial sales or repair of vehicles in an area not approved
for the same under the Code of the Borough of Mount Arlington.
(3)
Any motor vehicle kept, maintained, or stored in accordance with
this Subsection B shall be parked only on improved areas of the property.
Improved areas shall be defined as including areas improved or paved
with asphalt, stone, pavers, concrete, or any other similar surface.
C.
Nothing contained in this section shall be determined to prohibit
the placing, keeping or storing of such motor vehicle in a garage
or other building or completely shielding said motor vehicle from
view by an appropriate vehicle covering device within the borough.
[Amended 3-15-1995 by Ord. No. 95-11]
D.
Nothing contained in this section shall be determined to prohibit
the placing, keeping or storing of any unregistered motor vehicles
as defined herein on property lawfully used for commercial purposes,
provided that any such vehicle is being used solely on the property
in conjunction with the operation of the business being conducted
thereon, and further provided that said vehicle is maintained in operable
condition, and further provided that the presence of said vehicle
does not conflict with any zoning ordinance of the Borough of Mount
Arlington.
[Amended 3-15-1995 by Ord. No. 95-1]
No person shall park or leave standing on any street or highway
any machine, or parts of machines, or automobiles, or parts of automobiles
or vehicles, so in need of repair as to render the same incapable
of being readily operated under their own power.
A.
Any person in charge or control of any lands within the borough,
whether as owner, possessor, occupant or otherwise, on which lands
there have been placed or abandoned any machines, or parts of machines,
automobiles, or parts of automobiles or vehicles, without the consent
of such person, shall promptly notify the Borough Chief of Police
who shall cause an investigation to be made to determine whether the
owner or owners thereof are unknown and cannot be found or refused
to receive the property so placed or abandoned; and if so shall authorize
the removal of said property.
B.
The Borough Council shall thereafter expose any such machines, automobiles,
or parts of automobiles or vehicles, for sale pursuant to N.J.S.A.
39:10A-1 et seq. or N.J.S.A. 40A:14-157, whichever of these procedures
shall be deemed appropriate in the circumstances. The moneys received
from the sale shall be paid to the borough treasury as required by
N.J.S.A. 40A:14-157.
The Police Department shall take possession of any abandoned,
lost, stolen or unclaimed automobile or vehicle in the streets or
highways of the borough, and such automobile or vehicle shall be impounded
by the Police Department until lawfully claimed or disposed of in
accordance with N.J.S.A. 39:10A-1 et seq. or N.J.S.A. 14A:14-157.
The moneys received from the sale shall be paid to the general borough
treasury as required by N.J.S.A. 40A:14-157.
[Amended 3-15-1995 by Ord. No. 95-1]
Any member of the Mount Arlington Police Department is authorized to issue a summons to any person deemed in violation of this chapter. Penalties are to be determined by the Borough Municipal Court as stated in § 165-9.
[Amended 3-15-1995 by Ord. No. 95-1]
Vehicles shall be retained and impounded until such time as
the owner or his authorized agent has paid all accumulated towing
and storage fees charged by the Borough of Mount Arlington or its
towing and storage agent and the owner has obtained any necessary
releases from the Police Department. The Borough of Mount Arlington
shall charge $10 per day or any part of the day for each vehicle impounded
and stored on borough property.
