[Adopted 4-12-1965 by Ord. No. 3-8;
amended in its entirety 4-25-2005 by Ord. No 05-09]
It is hereby determined and declared that the placing, parking, abandonment,
leaving, keeping or storage out of doors on public or private property of
any motor vehicle not currently in use for transportation or not licensed
for the current license year with a currently dated inspection sticker, or
any unused machinery, machine, appliance, equipment or parts thereof, is contrary
and inimical to the public welfare in that such articles so placed, parked,
stored or abandoned attract or may attract persons of tender years, who, being
so attracted, may play in or about such articles and be injured in so doing,
and in that such articles so placed, abandoned or left out of doors, exposed
to the elements, deteriorate and in themselves are unsightly and are detrimental
to and depreciate the value of properties in the neighborhood where they are
located.
The following terms, phrases and words used in and for the purpose of
this article shall be deemed to have the following meanings:
Any motor vehicle, omnibus, road tractor, trailer, truck, truck-trailer,
other vehicle, unused machinery, machine, appliance, equipment or parts thereof
as contained and defined in N.J.S.A. 39:1-1 et seq. which:
Is parked without the current year's registration or identification
markers as required by law;
Has been continuously parked in any public street or on any public land
for a period of 30 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 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; or
Is found without one or more tires.
The sequestration of a motor 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-trailer
or other vehicle, as defined in N.J.S.A. 39:1-1 et seq.
Any individual, firm, partnership or corporation being the owner
of or having any legal right in or to a motor vehicle or other vehicle as
defined herein.
Any property which is privately owned and which is not public property
as defined herein.
Any street or highway which shall include the entire width between
the boundary lines of every way publicly maintained for the purposes of vehicular
traffic, and any other publicly owned property and facility.
A.
Abandonment prohibited. It shall be unlawful for any
person to abandon or suffer or permit the abandoning of any motor vehicle,
junk automobile, junk automobile body or any unused machinery, machine, appliance,
equipment or parts thereof out of doors upon any public or private lands in
the Borough of Chatham or on any public street or between the right-of-way
lines of any public right-of-way therein.
B.
Storage prohibition. No person shall place, keep or store
any junk automobile, junk automobile body, unused machinery, machine, appliance,
equipment or parts thereof on any public or private property within the Borough
of Chatham.
C.
Presumption. If any article as described in § 173-25 shall be abandoned on private lands for seven 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 article described in § 173-25 in a totally enclosed garage or other building.
E.
Traffic obstruction. The parking or placing of any motor
vehicle on any street or public way of the Borough of Chatham in such manner
as to constitute an obstruction to traffic, whether such vehicle is disabled
or not and whether such vehicle is attended or unattended, is hereby prohibited.
A.
Impounding vehicles. Whenever any member of the Police Department of the Borough of Chatham finds a motor vehicle, junk automobile, junk automobile body, unused machinery, machine, appliance, equipment or parts thereof as more fully describe in § 173-25 of this article which has been abandoned, kept or stored contrary to the provisions of this article, such officer shall remove, secure the removal of and/or impound said article in accordance with the procedures hereinafter set forth:
(1)
Abandonment on public property. Whenever any motor vehicle, junk automobile, junk automobile body or any other article as more fully described in § 173-25 of this article is found on any public street, highway or public property, an emergency condition is herewith declared to exist, and the Police Department of the Borough of Chatham is hereby authorized to immediately remove, secure the removal of and/or impound the motor vehicle, junk automobile or junk automobile body without the necessity of notice prior of said impoundment. After impoundment, the Borough Police Department shall use diligent efforts to identify and locate the owner of the impounded motor vehicle, junk automobile or junk automobile body and shall notify the owner in accordance with the provisions of this article hereinafter set forth.
(2)
Abandonment on private land.
(a)
Whenever any motor vehicle, junk automobile, junk automobile body or any other article as more fully described in § 173-25 of this article is found on any private land in violation of the provisions of this article, the Police Department of the Borough of Chatham shall cause the owner of the abandoned vehicle or equipment, if he can be found, or the owner or tenant of the private lands upon which the violation is occurring, to be given 30 days' notice, either personally or by certified mail to the last known address of the owner and/or tenant of the property that said violation exists. In the event that at the expiration of 30 days the violation of the provisions of this article still exists, the Police Department of the Borough of Chatham 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 to a place of storage. Notice of said impoundment shall be given to the owner of the abandoned vehicle or equipment or to the tenant or owner of the private land on which the violation is occurring, in the manner hereinafter established.
(b)
Exclusion. One motor vehicle, in the definition set forth
above, which does not possess the current year's registration and whose
owner is in the military service stationed outside the State of New Jersey,
may be maintained on a single parcel of land having on it a single-family
residential dwelling, as long as the motor vehicle is in complete and operable
condition.
(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 vehicle
or to the owner or tenant of lands upon which the violation is occurring,
either personally, or in writing by certified mail, at the last known address
of the party to be served and shall contain the following information:
[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 30 days if the motor vehicle, junk
automobile or junk automobile body is not reclaimed.
[6]
A statement of the time and place of sale.
[7]
The notice required hereby shall be mailed within 48
hours of any such impoundment.
(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 article.
B.
Sale of impounded vehicles. Whenever any motor vehicle,
junk automobile, junk automobile body, unused machinery, machine, appliance
equipment or parts thereof impounded by the Police Department of the Borough
of Chatham shall remain unclaimed by the owner or other person having a legal
right thereto for a period of 30 days, the same may be sold at auction in
a public place. The owner thereof or other person having a legal right thereto
shall be given notice of such sale, by certified mail, to the owner, if his
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 form to be prescribed by the Director of Motor Vehicles by one insertion,
at least five days before the date of the sale, in one or more newspapers
circulated in the Borough of Chatham.
At any time prior to the sale, the owner or other person entitled thereto
may reclaim possession of the impounded article upon payment of the reasonable
costs of removal and storage of same and any fine or penalty and court costs
assessed against him for violation which gave rise to the seizure or taking
possession of such article.
Upon the sale of any article more fully defined in § 173-25, all claims of interest therein shall be forever barred and the proceeds realized therefrom after payment of the expenses of possession and sale shall be remitted to the Borough Clerk of the Borough of Chatham as its sole property.
The Chief of Police or his designee of the Borough of Chatham shall
be responsible for the enforcement of this article.
Upon complaint of any resident or property owner of the Borough of Chatham
or any employee of said Borough, or upon his own motion, the Chief of Police
or his designated agent shall make an investigation of the condition complained
of and report thereon to the Borough Clerk.
B.
The imposition of a penalty or penalties for any violation
of this article shall not excuse the violation or permit it to continue, and
all such persons shall be required to correct or remedy such violations within
a reasonable time. If said violations are not corrected or remedied within
a reasonable time, then each 10 days thereafter that the prohibited conditions
are maintained shall constitute a separate offense hereunder. Such reasonable
time shall be determined by the Municipal Judge.
