[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:
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.
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."
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.
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.
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.
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.
B.
Any vehicle hereunder which is totally housed and enclosed
by a structure is exempt from the provisions hereof.
A.
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.
B.
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.
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.
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.
