[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle 10-12-1970 by Ord. No. 1250. Section 112-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Article I. Other amendments noted where applicable.]
Police Department — See Ch. 20.
Bicycles — See Ch. 43.
Peace and good order — See Ch. 83.
Streets and sidewalks generally — See Ch. 102.
Vehicles and traffic generally — See Ch. 113.
Editor's Note: The provisions of this chapter are derived from Sections 11-13.7 through 11-13.13 of Chapter 11 of the Revised Ordinances of the Borough of Roselle adopted 10-12-1970 as Ord. No. 1250. Ord. No. 1250 adopted supplements to the Revised Ordinances of the Borough of Roselle which was adopted 7-29-1960 as Ord. No. 1037.
[Amended 4-11-1979 by Ord. No. 1465]
No person shall abandon or permit the abandonment on public property and streets or private property and driveways within the boundaries of the Borough of Roselle of any motor vehicle owned by him or under his control or in his possession at the time of abandonment or, except as provided herein, cause any abandoned vehicle or vehicle in a state of substantial disrepair to be stored in the open.
No person shall permit any abandoned motor vehicle to remain on any property owned by him or in his possession or under his control, or, except as provided herein, store or permit the storage in the open of any abandoned vehicle or vehicles in a state of substantial disrepair.
Any person who owns or has control of any premises and finds a motor vehicle left on his property without his knowledge, acquiescence or consent, where the owner of the said vehicle has failed or refused to remove the same or the owner is unknown, shall promptly notify the Chief of Police of the year, model and make of said vehicle and, if known or ascertainable, the registration, license, serial number and ownership thereof, with such further and additional information as the Chief of Police may request to ascertain whether or not same has been abandoned. The Chief of Police shall take such further and additional steps as may be necessary to determine whether same is an abandoned vehicle within the meaning of N.J.S.A. 39:10A-1ff, and if the same is, shall proceed to take possession thereof and thereafter dispose of the same pursuant to N.J.S.A. 39:10A-1ff, to the regulations of the Division of Motor Vehicles and to any other provisions of law pertinent thereto.
Where said motor vehicle is in such condition that it is no longer self-propelled and by reason of the same is not a motor vehicle within the jurisdiction of the Division of Motor Vehicles, then the owner of the property or the person or persons having possession or control thereof on which said motor vehicle has been abandoned shall remove and dispose of same through a private contractor by private means. Where the owner of the property or the persons having possession or control thereof, after ten (10) days' written notice from the Chief of Police or his duly authorized agent, has failed to remove said motor vehicle, then the Chief of Police shall be authorized to arrange for its prompt removal, but such action by the Chief of Police shall not provide a defense or excuse to an owner or person having possession or control of such premises for failure to comply with this section. The owner or person or persons having possession or control of such property shall pay and be jointly and severally liable for all costs, including reasonable overhead charges, incurred by the borough in effecting such removal.
Any person owning or having possession or control of premises on which an abandoned motor vehicle shall be situate and who fails to remove said motor vehicle in accordance with the request made by the Chief of Police or his duly authorized agent pursuant to § 112-4 shall furnish by affidavit or otherwise all information relating to said vehicle required by any duly authorized agent of the borough and shall permit access to his property by any duly authorized agent of the borough for the purpose of examining or removing said vehicle.
No person shall store or permit the storage of a motor vehicle in a state of disrepair such that it is unsightly or incapable of locomotion under its own power where such storage is in the open and exposed to public view from the streets or adjoining property; provided, however, that motor vehicles in a temporary state of disrepair shall be permitted to remain for a period not exceeding ten (10) days, provided the same are not abandoned vehicles as defined in § 112-7. Nothing herein shall prohibit the storage of abandoned vehicles or vehicles in disrepair in junkyards permitted under the Zoning Ordinance and laws pertaining thereto or in other designated tow-away areas approved by resolution of the Borough Council.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED VEHICLE
- Any motor vehicle whose owner has terminated the use and care of
said motor vehicle and has left the same on open lands and has either indicated
by his words or actions an intent to leave the same and no longer claim ownership
thereof or left the same without making arrangements for the storage with
the owner or occupant of the premises on which it is located, for a period
of at least forty-eight (48) hours.[Amended 5-23-1979 by Ord. No. 1466]
- MOTOR VEHICLE
- Includes all vehicles designed to be propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks, and includes any part or parts of a motor vehicle and any such vehicle whether or not the same by reason of its present condition is still capable of self-propulsion.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500.) or by imprisonment for a term not exceeding ninety (90) days, or both.