[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-26-1988
by Ord. No. 1404-88. Amendments noted where applicable.]
GENERAL REFERENCES
Towing — See Ch. 223.
As used in this chapter, the following terms shall have the meanings
indicated:
The Director of the Division of Motor Vehicles.
A warrant issued by the Municipal Court of the Borough of Fair Lawn
pursuant to R. 7:6-3 of the Rules Governing The Court of The State of New
Jersey after failure of the owner to appear or answer a parking ticket.
A violation of a state statute, an ordinance or resolution adopted
by a county, municipality or authority or a regulations issued by a state
authority which regulates the parking of vehicles. For purposes of this chapter,
violations or ordinances or regulations will be within the civil jurisdiction
of the court.
The summons issued alleging that a parking offense has occurred.
Any motor vehicle found within the jurisdiction of the Borough of Fair
Lawn may be impounded or immobilized if there are any outstanding warrants
against that vehicle.
Except as provided herein, the owner and operator shall be jointly liable
for parking offenses unless the owner can show that the vehicle was used without
his/her consent, express or implied. An owner who pays any fine, penalty,
civil judgment, costs or administrative fees in connection with a parking
offense shall have the right to recover that sum from the operator in a court
of competent jurisdiction.
A.Â
The owner of a motor vehicle who has leased the motor
vehicle shall not be liable for a parking offense when the motor vehicle is
under the control or in the possession of the lessee if, upon notice of the
parking offense, the owner of a motor vehicle which was leased at the time
of the offense notifies the clerk of the court where the case is pending,
by a notarized statement, of the name and address of the lessee. The notarized
statement shall be in a form prescribed by the administrative director of
the courts.
B.Â
After providing the name and address of the lessee, the
owner shall not be required to attend a hearing on the offense unless notified
that the offense may have been caused by mechanical failure of the vehicle
which resulted from the owner's failure to maintain the vehicle.
The borough shall give notice of the sale referred to in § 236-3 of this chapter by certified mail to the owner if his/her name and address are known and to the holder of any security interest filed with the director and by publication in a form to be prescribed by the director by one insertion in one or more newspapers published in this state and circulating in the borough in which the vehicle was impounded or immobilized.
At any time prior to the sale, the owner of the motor vehicle or other person entitled to the motor vehicle may reclaim possession of the motor vehicle upon payment of the reasonable costs of removal and storage of the motor vehicle, any fine or penalty and court costs assessed against him/her for a violation that gave rise to the impoundment or immobilization of the motor vehicle, and any outstanding warrants against the vehicle; however, the owner-lessor of a motor vehicle who has complied with § 236-4A and B of this chapter shall be entitled to reclaim possession without payment and the lessee shall be liable for any fine, penalty, court costs and reasonable costs of removal and storage of the motor vehicle and outstanding warrants against the vehicle.
Any proceeds obtained from the sale of a vehicle at public auction pursuant to § 236-3 in excess of the amount owed to the borough for the reasonable costs of removal and storage of the motor vehicle, any fine or penalty and court costs assessed against him/her for violations that gave rise to the impoundment or immobilization of the motor vehicle, and any outstanding warrants against the vehicles shall be returned to the owner of the vehicle if his/her name and address are known.
