[HISTORY: Adopted by the Borough Council of the Borough of Stone
Harbor as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Towing and storage of vehicles — See Ch. 498.
[Adopted as Sec. 4-10 of the 1982 Revised General Ordinances]
A.
It is hereby declared unlawful to permit or allow the
parking of any type or kind of motor vehicle on any privately owned land or
lot, unless there is affixed thereto, in the proper place, the current year's
license plates. It is further declared unlawful to park or permit any such
parking of a motor vehicle not mechanically capable of operation.
B.
The foregoing prohibition shall not prevent the parking
of any such motor vehicle for a period of not more than 10 days; and said
provision shall not apply to operative automobiles for sale on the property
of a licensed automobile dealer of the State of New Jersey.
It is hereby declared unlawful for any person to cause or permit the
parking of any such unlicensed or inoperative motor vehicle on publicly owned
land or public parking lot at any time.
Any owner or owners of land and any and all persons in possession of
land, and the owner or owners of any such motor vehicle, and any person having
the custody, right of possession or control of any such motor vehicle is and
are hereby declared to have performed an act in violation of this article
if any such automobile is parked contrary to the provisions hereof.
Each day any such motor vehicle remains parked in violation of the provisions
of this article shall be deemed a new offense.
As used in this article, the following terms shall have the meanings
indicated:
All motor-driven vehicles and motor-drawn vehicles as defined by
N.J.S.A. 39:1-1.
[Adopted as Sec. 4-14 of the 1982 Revised General Ordinances]
As used in this article, the following terms shall have the meanings
indicated:
As defined in N.J.S.A. 39:4-56.5 means a motor vehicle which has
been left on public lands, streets, highways, or private property without
the consent of the owner or other person in charge of the private property
either:
A motor vehicle parked in violation of any state law, federal law
or Borough ordinance.
Includes all vehicles designed to be propelled otherwise than by
muscular power, excepting such vehicles as run only upon rails or tracks,
and as used in this article shall also include 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 individual, corporation, partnership or other association of
persons.
No person shall abandon or permit abandonment of, on public lands, streets,
highways or private property within the boundaries of the Borough, any motor
vehicle owned by him, or under his control or in his possession when the period
constituting the abandonment commences.
No person shall permit any abandoned motor vehicle to remain on any
property owned by him or in his possession or under his control.
Any person who owns or has control of any premises and finds an abandoned
vehicle on his property, and the owner of the vehicle or the person having
the vehicle in his control has failed or refused to remove the same, shall
promptly notify the Chief of Police of the year, model and make of said vehicle;
and, if known or ascertainable, the registration, license number, serial number
and ownership thereof, and such further additional information as the Chief
of Police may request; in order that the Chief of Police might ascertain whether
or not same has been abandoned. The Chief of Police shall take 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-1 et seq., and, if same is,
shall proceed to take possession thereof and thereafter dispose of the same
pursuant to N.J.S.A. 39:10A-1 et seq., and pursuant to the regulations of
the Division of Motor Vehicles and to any other provisions of law pertinent
thereto.
When any police officer or other person having the necessary authority
shall find an illegally parked motor vehicle, a stolen motor vehicle, or a
motor vehicle determined to have been abandoned, or one involved in an accident
rendering it unfit for operation on the public highway, within the Borough
limits of the Borough, said police officer or other person having the necessary
authority may cause said motor vehicle to be towed or impounded.
Any owner or operator who authorizes, permits or suffers a motor vehicle
to be brought inside the Borough limits shall be deemed to have consented
to the motor vehicle being towed or impounded pursuant to this article.
Any motor vehicle impounded after being illegally parked or stolen or
having been involved in an accident rendering it unfit for operation on the
public highway shall be considered abandoned if it is not reclaimed by the
owner, the operator or the authorized agent of the owner or the operator,
within 48 hours of its having been impounded.
[Amended 12-5-2006 by Ord. No. 1272]
The cost of towing shall be payable by the owner, operator, or authorized agent of the owner or operator of said motor vehicle. The cost shall be as established from time to time by resolution of Borough Council in accordance with § 498-8. All such fees and charges shall be independent of and in addition to any fines collected by the municipal court for violations of state laws or municipal ordinances.
The Borough shall not be responsible for any damage caused to any motor
vehicles towed or impounded pursuant to this article, nor for any theft in
connection therewith.
Any motor vehicle unclaimed for a period of 30 days after it has been
abandoned and impounded will be subject to sale or other disposal pursuant
to the laws of the State of New Jersey.
Where motor vehicles are towed for other police business, or in an emergency,
such as a cave-in, broken water main, or fire, and the motor vehicles were
legally parked, or proceeding lawfully prior to the emergency, the motor vehicles
shall be released to the owner without charge.
