Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton (Sec. 4-12 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See § 231-14H.

§ 309-1 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:
PROPERTY
Any real property within the Borough which is not a street or highway.
STREET or HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public or vehicular travel.
VEHICLE
A machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides, and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.

§ 309-2 Abandonment of vehicles prohibited. [1]

No person shall abandon any vehicle within the Borough, and no person shall leave any vehicle at any place within the Borough for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. A vehicle shall be considered abandoned which has been left on or along any highway, other than a limited access highway, or other public property or on any private property without the consent of the owner or other person in charge of the property. A vehicle which has remained on or along any highway or other public property or on any private property without such consent for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 309-3 Vehicles in streets.

No person shall leave or cause to be left any nonoperating, discarded, dismantled, wrecked, junked or unlicensed vehicle on any street or highway within the Borough.

§ 309-4 Vehicles on private property.

No person in charge or control of any property within the Borough, whether as owner, tenant, lessee, occupant or otherwise, shall place, deposit, store, leave or keep a discarded, wrecked, junked, dismantled or partially dismantled, or any unlicensed or nonoperating vehicle, on such property, or suffer, permit or allow any such vehicle to be placed, deposited, stored, left or kept on such property, for a longer period of time then 15 days; except that the provisions hereof shall not apply with regard to such a vehicle as follows:
A. 
On the premises and associated with the operation of a commercial garage, when necessary to the operation of such business enterprise, and provided that such vehicle or part is stored or located in an area screened from the public highways and surrounding properties by fence, hedge or evergreens.
B. 
In an enclosed building, garage, barn or shed.
C. 
In an appropriate storage place or depository maintained in a lawful place and manner by the Borough.
D. 
Where such vehicle is in the process of reconstruction or repair in good faith, whether the vehicle be placed, deposited or stored on private property or the property of a business enterprise; provided, however, that the Chief of Police and/or the Zoning Officer are notified of the specific date the repair or reconstruction will begin and provided such repair or reconstruction be performed in good faith and be completed within 60 days after the vehicle is placed, deposited or stored, left or kept on private property or a business enterprises located within the Borough.

§ 309-5 Impounding.

The Chief of Police or any member of the Department of Police is hereby authorized to remove or to cause to be removed any vehicle left at any place within the Borough which reasonably appears to be in violation of this chapter or which appears to have been lost, stolen or unclaimed. With respect to vehicles on private property, the Chief of Police shall serve or cause to be served a notice in writing, either personally or by registered, certified mail, upon the owner, tenant, lessee, lessor or occupant, as the case may be, to remove such vehicle within a certain period of time not less than 15 days after the date of service to be specified in the notice. In the event that such vehicle is not removed within the time specified, the Chief of Police may impound the vehicle or cause the same to be impounded and for that purpose may enter upon private property upon which such vehicle may be located. Any vehicle impounded pursuant to any of the provisions of this chapter shall be held until lawfully claimed or disposed of in accordance with the provisions of N.J.S.A. 39:10A-1 et seq.

§ 309-6 Expense of removal and impounding.

The owner of any private property from which a vehicle is removed and impounded pursuant to the preceding section hereof, and the tenant, lessee, lessor or occupant of the premises, if any, shall be jointly and severally liable for the cost and expense, including reasonable overhead charges, paid or incurred by the Borough in effecting such removal and impounding, and they shall be paid by the person liable therefor upon demand. In the event such payment is not made, the amount due shall become a lien upon the lot or tract of real estate from which the vehicle was removed and shall be added to and form a part of the taxes next to be assessed and levied upon such lands, to be collected and enforced in the same manner as taxes upon real estate; or same may be collected in a civil action or in such manner as may be provided by law.

§ 309-7 Violations and penalties. [1]

In addition to responsibility for the costs and expenses provided for in § 309-6, violators of this chapter shall be punished as provided in N.J.S.A. 39:4-56.5c.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).