[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-15-1966 by Ord. No. 954]
The following terms, phrases and words, as used in and for the purpose
of this article, shall be deemed to have the following meanings:
Any vehicle remaining stationary and unused on the public street
or highway for more than three days consecutively. Continuous parking of a
vehicle on a street or public highway for a period of three days shall be
prima facie evidence of abandonment by the owner thereof and reasonable grounds
for a member of the Police Department to believe that such vehicle has been
abandoned.
The Police Department of the Town of West New York.
It is hereby declared and determined that the public policy of the Town
of West New York is to prevent the unsightly and unsafe condition upon the
public streets and highways that result from abandonment of motor vehicles
thereon.
No person shall abandon a motor vehicle upon the public streets or highways
in the Town of West New York.
All abandoned motor vehicles shall be taken in possession by the Police
Department and removed to a storage place designated by the Chief of the Police
Department.[1]
Upon the taking into possession of an abandoned motor vehicle, the Police
Department shall follow the procedure established by Title 39, Chapter 10A,
of the Revised Statutes of New Jersey to sell abandoned motor vehicles at
public auction.[1]
[Amended 10-21-1987 by Ord. No. 1790; 12-21-1994
by Ord. No. 132/94]
Any person, firm or entity violating any provision of this article shall,
upon conviction thereof, be subject to a fine of not less than $150 nor more
than $500 or commitment in the county jail for a term not exceeding 30 days,
or both, in the discretion of the Municipal Judge, and each day such violation
shall continue shall be deemed a separate offense.
[Adopted 7-5-1967 by Ord. No. 980]
A.
Definition of terms. Words and phrases used in this Article
shall, for the purpose of this article, have the meanings ascribed to them
in N.J.S.A. 39:1-1.
B.
ABANDONED MOTOR VEHICLES
DIRECTOR or COMMISSIONER
ILLEGALLY PARKED OR STANDING MOTOR VEHICLES
As used in this article, the following terms shall have
the meanings indicated:
Applies to any motor vehicle left unattended for 48 hours or more
on any street, lane, alley or other public place in the Town of West New York.
The Director of Public Safety or the Commissioner of Public Safety
of the Town of West New York.
Applies to any motor vehicle parked or stopped in violation of any
local ordinance or regulation.
In order to provide for the more effective enforcement of the traffic
ordinances and regulations of the Town of West New York and to provide clear
streets for use by emergency vehicles, the Police Director or Commissioner
is authorized and empowered to take possession of any and all vehicles of
whatever type and description and to remove any and all such as may be parked
in any portion of the streets, lanes, alleys or other public places in the
Town of West New York as may be abandoned or parked in violation of any of
the existing ordinances or regulations of the Town of West New York.
A.
The police of the Town of West New York may move or secure
the summary removal of any and all such vehicles to such garage or place as
may be designated by the Director or Commissioner as a garage or place for
the impounding of any and all such vehicles, and any and all such vehicles
shall be there retained and impounded until the person owning or claiming
the same shall pay a fee of not less than $250 as the cost of such removal
and the storage of the same for a period not to exceed 24 hours from time
of such summary removal. There shall be imposed and paid an additional charge
of not less than $10 for each day or fractional part thereof following said
twenty-four-hour period last provided. The charges imposed in this subsection
shall be in addition to any other fine or penalty imposed for other violation
or violations.
[Amended 6-15-1994 by Ord. No. 45/94]
B.
If the owner or operator of any such vehicle is a resident of this state, it shall be released to such owner or operator upon payment of the removal and storage charges provided in Subsection A above. If the owner or operator is not a resident of this state, it shall be released to such owner or operator upon payment of all removal and storage charges, in addition to a deposit of $10 as collateral to ensure appearance of such owner or operator on the date and time specified for hearing on any summons.
C.
Immediately after a vehicle is so removed, the Chief
of Police, or his agent acting for him, shall notify the registered owner
of any such vehicles, in writing, by personal service or by registered mail,
at the last known address of such owner, of the removal and storage of such
vehicle, the reason for such removal and the storage location of the same.
After any such vehicle shall have been in possession of the Police Department for a period of 30 days and the notice provided for in Subsection C of § 381-9 shall have been issued, it shall be deemed to be abandoned and the Director or Commissioner may proceed with the sale of such vehicle as provided by N.J.S.A. 39:10A-1 through 39:10A-7 of the Statutes of the State of New Jersey.
It shall be the duty of the Director or Commissioner to enforce the
provisions of this article.
All ordinances, or parts thereof, inconsistent with the terms of this
Article are hereby repealed; provided, however, that such repeal shall be
effective only to the extent of such inconsistency; in all other respects,
this article shall be cumulative of other ordinances regulating and governing
the subject matter of this article.
This entire article shall be deemed and construed to be an exercise
of the police power of the Town of West New York, in the State of New Jersey,
for the preservation and protection of public safety; all of its provisions
shall be literally construed with a view to the effectuation of such purposes.
