[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan 5-26-1975 as Sec. 3-8 of the 1975 Code, as amended through Ord. No. 418-89. Amendments noted where applicable.]
No person shall abandon or cause or permit to be abandoned on a public highway or on private property in the borough any abandoned vehicle.
The following definitions shall apply to this chapter:
- A. Any vehicle which is not registered for operation on the public highways and which has not been registered for the preceding three months or is in an unsafe condition as defined in N.J.S.A. 39:3-44.
- B. For the purposes of this chapter, a vehicle registered as a farm vehicle or which is operable and used by the owner on his/her own property for the transport of wood, snowplowing or similar uses shall not be considered an "abandoned vehicle."
- C. For the purposes of this chapter, "abandoned vehicle" shall mean when the "abandoned vehicle" is visible from a public highway or a dwelling unit on a neighboring property.
- JUNKED VEHICLE
- Any unfit vehicle from which parts are taken, stripped or pirated which are necessary for its proper and legal locomotion on the public highway and which are not replaced promptly with identical or equivalent parts, either new, rebuilt or repaired and which is not under repair.
- VEHICLE UNDER REPAIR
- Any vehicle which is temporarily and actively undergoing a continuous and uninterrupted course of repair or maintenance and which is not out of proper running order for more than four continuous weeks.
The following exceptions shall apply to this chapter:
A "historic motor vehicle" is a vehicle, as defined by N.J.S.A. 39:3-27.3, which is recognized generally by the press and trade as being of unusual interest, either aesthetically or historically, and which is maintained cosmetically in excellent condition, and is exempt from the provisions hereof.
Any vehicle hereunder which is totally housed and enclosed by a structure is exempt from the provisions hereof.
The Chief of Police, or any member of the Division 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 certified mail, upon the owner, tenant, lessee or occupant of the property, requiring such owner, tenant, lessee 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 and for that purpose may enter upon private property upon which the 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.
The owner of any private property from which a vehicle is removed and impounded pursuant to § 239-4 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 or persons 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 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; or the same may be collected in a civil action or in such manner as may be provided by law.
No act, illegal or forbidden under any other ordinance of the borough, shall be made lawful by reason of the provisions of this chapter.