Township of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Burlington 10-8-1975; amended 10-22-2002 (Sec. 14:12 of the 1975 General Ordinances). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 563.

§ 413-1 Abandoning personal property.

No person shall leave or suffer or permit to be left any vehicle, bicycle, cart, wagon, box, barrel, bale of merchandise or other movable property, either owned by him or in his possession, custody or control, upon any street, sidewalk or municipal parking field or lot; excepting, however, that this section shall not apply to materials lawfully placed at the curbs or sides of streets for collection by the garbage or rubbish removers.

§ 413-2 Police power to remove and impound.

[Amended 10-27-2009 by Ord. No. 09-OR-024]
The Director of Public Safety of the Township of Burlington shall remove or cause to be removed any cart, bicycle, wagon, box, barrel, bale of merchandise or other movable property found upon any street, sidewalk or municipal parking field or lot and shall take same or cause same to be taken to the property or premises of the Township, where same shall be held until redeemed or sold as hereinafter provided.

§ 413-3 Notice to property owners.

[Amended 10-27-2009 by Ord. No. 09-OR-024]
Whenever the Director of Public Safety shall receive any property containing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person advising that such property is held by the Director of Public Safety and advising the amount necessary to redeem such property.

§ 413-4 Redemption procedure.

[Amended 10-27-2009 by Ord. No. 09-OR-024]
Such property may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and he shall be entitled to receive such property upon the tendering of the sum of $25, plus the sum of $5 per day commencing the third day after the property is removed, to the date of redemption, and the person seeking to redeem such property shall also be required to pay the cost of advertising the sale thereof. These costs and any other fees for redemption of impounded property or costs of sale chargeable to an owner or person entitled to possession of impounded property are in addition to any other penalty provided for violations of this section. No property shall be delivered to the person seeking to redeem it unless proof is submitted establishing, to the satisfaction of the Director of Public Safety, such person's ownership or right to possession. Any delivery to a person apparently entitled thereto shall be a good defense to the Township against any other person claiming to be entitled thereto, but if the person to whom delivery is made is in fact not entitled thereto, the person to whom the same ought to have been made may recover the same, with interest and costs, from the person to whom the same shall have been delivered.

§ 413-5 Public auction.

[Amended 10-27-2009 by Ord. No. 09-OR-024]
Where any such property remains in the custody of the Director of Public Safety for a period of 15 days after removal and with respect to which no person has presented to the Director of Public Safety proof establishing to his satisfaction such person's ownership or right to possession as hereinabove stated, the Director of Public Safety shall give public notice in the official newspaper of the Township advising that at a specified place and time, not less than five days after such notice is published, such property will be sold at public auction for the best price he can obtain. A general description in such notice of the property to be sold shall be sufficient. Said sale shall be conducted by the Director of Public Safety or by any employee of his department designated by him or by an auctioneer designated by him.

§ 413-6 Disposal of unsold property.

[Amended 10-27-2009 by Ord. No. 09-OR-024]
In the event that said property shall remain unsold at public auction, the Director of Public Safety may reoffer said property for sale at a subsequent public auction held pursuant to the provisions of this section or he may dismantle, destroy or otherwise sell or dispose of such property. Any such sale or other disposition of such property pursuant to the provisions of this section shall be without liability on the part of the Township to the owner of such property or other person lawfully entitled thereto or having an interest therein.

§ 413-7 Disposition of proceeds.

[Amended 10-27-2009 by Ord. No. 09-OR-024]
Immediately after property is redeemed, the Director of Public Safety shall pay over to the Treasurer to the Township the amount received for redemption, costs and expenses of the article redeemed, together with the itemized statement thereof. Immediately after a sale or other disposition of such property, with an itemized statement of the article sold, the price received and the costs and expenses of the sale, the Treasurer shall retain and credit the general surplus fund with so much of the proceeds as equals the costs and expenses of such sale, plus the sum of $5 for each such vehicle sold, to cover the cost of removing and storing the property. All costs and expenses, plus costs of removal of vehicles, if any, are in addition to any other penalty provided for violations of this section. The remainder of the moneys realized from such sale shall be paid, without interest, to the lawful owner thereof.

§ 413-8 Violations and penalties.

[Amended 9-23-2008 by Ord. No. 08-OR-025]
Any person who shall violate any provisions of this chapter shall be subject, upon conviction, to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, and each day that a violation shall continue will be deemed a separate violation.