[HISTORY: Adopted by the Township Committee of the Township of Andover 10-30-1973 as § 6-6 of the 1973 Code; as amended through Ord. No. 90-32. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A. Any inoperable vehicle as defined in this section which is permitted to remain:
- (1) On any privately owned property for more than 30 days. Such motor vehicle shall prima facie be deemed to be abandoned, unless the owner produces adequate proof to the Chief of Police or any member of the Police Department that the owner has taken steps to effect the repair or removal of the vehicle; provided, however, that such motor vehicle shall be automatically deemed to be abandoned if it is permitted to remain on privately owned property for 180 or more days; or
- (2) On or along any highway or public property, unless the Chief of Police or any member of the Police Department is notified of the motor vehicle's presence and location within one hour of the vehicle becoming inoperable and unless the motor vehicle does not pose a threat of danger to any person or property as determined by the Chief of Police or any member of the Police Department. Regardless of whether notice is given, such motor vehicle shall be deemed abandoned if it has not been removed within three hours after it has become inoperable; or
- B. Any motor vehicle parked on any public street or on any public property in the Township for a period longer than 48 continuous hours; provided, however, that a motor vehicle which is parked on a street in front of the motor vehicle owner's residence shall not be deemed to be an abandoned motor vehicle if there is no available off-street parking for the residence and the vehicle is not an inoperable vehicle as defined in this section.
- INOPERABLE VEHICLE
- Any motor vehicle as defined in this section which is missing one or more tires, one or more wheels, engine, or any essential parts; or displays extensive body damage or deterioration; or does not display a current, valid state license plate or inspection sticker; or is wrecked, disassembled or partially disassembled; or is in need of repair, adjustment, jump-start, towing or aid other than the use of an available ignition key so as to enable the vehicle to move or be moved.
- MOTOR VEHICLE
- A device or machine which is propelled or is designed to be propelled by other than human power and in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively on stationary rails or tracks and also including, but not by way of limitation, an automobile, truck, trailer, semitrailer, motorcycle, tractor, buggy, wagon, and any vehicle designed for propulsion on snow and ice.
- Any real property within the Township which is not a street or highway.
- 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.
No person shall place, leave, keep or store, or suffer or permit the placing, leaving, keeping or storing of any abandoned motor vehicle out of doors upon any public or private land in the Township or between the right-of-way lines of any street or public highway.
Nothing herein shall be deemed to prohibit the placing, keeping or storage of any abandoned motor vehicle in an enclosed garage, barn or other building; or on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of the business enterprise; or on public property, provided that the motor vehicle is owned by the Township.
The Chief of Police or any member of the Police Department designated by him is authorized to remove or have removed any vehicle left at any place within the Township which appears to be present in violation of this chapter. Such a vehicle shall be impounded until lawfully claimed or disposed of in accordance with applicable statutes.
The Chief of Police, or any member of the Police Department acting for him, shall notify the registered and legal owner in writing by personal service or by certified mail, at the last known address of the owner, of the removal of the vehicle, the reason for the removal, and the location of the vehicle.