[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale
6-27-1972 by Ord. No. 72-9 as Ch. 13, Art. 7, of the Revised Ordinances of
1972. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any real property within the Borough which is not a street.
The entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes
of vehicular travel.
A machine propelled by power other than human power designed to travel
along the ground by the use wheels, treads, runners or slides, and shall include,
without limitation, an automobile, truck, trailer, motorcycle, tractor, buggy
and wagon.
[1]
Editor's Note: For statutory provisions prohibiting the abandonment
of motor vehicles on highways, see N.J.S.A. 39:4-56.1.
It is hereby determined and declared that the abandonment and discarding
in the streets and other places within the Borough of any dismantled, partially
dismantled, wrecked, junked, nonoperating, discarded or unlicensed vehicles
other than in places appropriate therefor tend to impede traffic in the streets;
interfere with the enjoyment, and reduce the value of, private property; invite
plundering; create fire hazards and other safety and health hazards to children
as well as to adults; and otherwise interfere with the comfort and well-being
of the public. It is further determined and declared that adequate protection
of the public health, safety and welfare require that such conditions be regulated,
abated or prohibited.
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.
No person shall leave or cause to be left any nonoperating, discarded,
dismantled, junked or unregistered vehicle on any street within the Borough.
A.
No person in charge or control of any property within
the Borough, whether as owner, lessee, occupant or otherwise, shall place,
deposit, store, leave or keep any discarded, wrecked, junked, dismantled or
partially dismantled vehicle, which is also unregistered or nonoperating,
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
than five (5) days. Any abandoned or junked vehicle so stored or placed is
hereby declared to be a public nuisance.
B.
The provisions of this section shall not apply to such
a vehicle:
(1)
In an enclosed building, garage, barn or shed;
(2)
On the premises of a business enterprise operated in
a lawful place and manner, when necessary to the operation of such business
enterprise; or
(3)
In an appropriate storage place or depository maintained
in a lawful place and manner by the Borough.
A.
The Chief Law Enforcement Officer, or any member of the
Department of Police, is hereby authorized to remove, or cause to be removed,
any vehicle left at any place other than on private property within the Borough,
which has been left in violation of this chapter or state statute, or which
appears to have been lost, stolen or unclaimed.[1]
B.
With respect to vehicles on private property, the Chief
Law Enforcement Officer shall serve, or cause to be served, a notice, in writing,
either personally or by registered or certified mail, upon the owner, tenant,
lessee or occupant of such property, as the case may be, to remove such vehicle
therefrom within a certain period of time, not less than fifteen (15) days
after the date of service of such notice, to be specified therein. In the
event that such vehicle is not removed within the time specified, the Chief
Law Enforcement Officer may impound such vehicle or cause the same to be impounded.
For such purpose, he or she or his or her duly authorized agent may enter
upon private property upon which such vehicle may be located.[2]
C.
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. and of N.J.S.A. 40A:14-157,
whichever may be applicable.
[Amended 6-12-1990 by Ord.
No. 90-7]
A.
The owner of any private property from which a vehicle
is removed and impounded pursuant to the preceding section, and the tenant,
lessee 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 shall
be paid by the person liable therefor upon demand. In the event that such
payment is not made, the amount due shall become a lien upon the lot or tract
of real estate from which such 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.
B.
When a vehicle has been abandoned or impounded within the Borough of Hillsdale and has been removed and stored at a place designated by the Borough for this purpose, the Borough shall be permitted to charge the following storage fees in addition to any charges permitted by any other ordinance of the Borough: Such storage fees shall be as provided in Chapter 138, Fees.[1]
C.
In addition to any other remedy provided in this chapter,
any such discarded, wrecked, junked, dismantled or partially dismantled vehicle
on private or public property, which is also unregistered or nonoperating,
is hereby declared to be a public nuisance and may be remedied as such in
accordance with law.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the provisions of Chapter 226, Penalties.
