[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra 10-14-1986 by Ord. No. 1986-16 (Ch. 89 of the 1971 Code). Amendments noted where applicable.]
The following terms, phrases and words used in and for the purpose of this chapter shall be deemed to have the following meanings:
- Includes any motor vehicle, omnibus, road tractor, truck, truck trailer or other vehicle which:
- A. Is parked without the current year's registration or identification markers as required by law and has been on private land for a period of 10 days, abandoned or stored out of doors, and is wholly unfit, without rebuilding or reconditioning, for use in highway transportation or which has been discarded for use as a motor vehicle or has been continuously parked in any public street or on any public land for a period of 10 days; and
- B. Is so disabled as to constitute an obstruction to traffic, and the driver or person owning or in charge thereof neglects or refuses to move the same to a place where it shall not obstruct traffic, or is found to be mechanically inoperative and is allowed to remain inoperative for a period of 10 days. Said period of time may be extended for good cause by the Police Department.
- IMPOUND, IMPOUNDMENT or PLACE OF IMPOUNDMENT
- Refers to the sequestration of the motor vehicle, junk automobile or junk automobile body at a place of storage.
- JUNK AUTOMOBILE; JUNK AUTOMOBILE BODIES
- Any automobile which is no longer in actual use as a motor vehicle or which is wholly unfit without rebuilding or reconditioning for use in highway transportation or which has been discarded for use as a motor vehicle or otherwise abandoned.
- MOTOR VEHICLE
- Any "motor vehicle," "omnibus," "road tractor," "trailer," "truck," "truck tractor" or other vehicle and shall have the meaning as described to the foregoing words as contained and defined in N.J.S.A. 39:1-1 et seq.
- Any individual, firm, partnership or corporation being the owner or having any legal right in or to the motor vehicle or other vehicle as herein defined.
- PLACE OF STORAGE
- Refers to a junkyard or other approved storage area, but any such junkyard or other storage area is subject to any and all provisions contained in this chapter, specifically § 264-2B hereof, and any and all other ordinances of the Borough of Palmyra.
- POLICE DEPARTMENT
- The Police Department of the Borough of Palmyra.
- ZONING OFFICER
- The Zoning Officer of the Borough of Palmyra duly appointed by the Borough Council of the Borough of Palmyra.
Abandonment prohibited. It shall be unlawful for any person to abandon or suffer or permit the abandonment of any motor vehicle, junk automobile or junk automobile body out of doors upon any public or private lands in the Borough of Palmyra or any public street or between the right-of-way side lines of any public right-of-way therein.
Storage prohibited. No person shall place, keep or store any junk automobiles or junk automobile bodies, as heretofore defined in this chapter, on any public or private property within the Borough of Palmyra.
Presumption. If any motor vehicle, junk automobile or junk automobile body shall be abandoned on private lands for 30 days or more, it shall be presumed that the owner or tenant in possession of said land has abandoned it there or permitted or suffered it to be abandoned there.
Exclusion. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any motor vehicle, junk automobile or junk automobile body in an enclosed garage, barn or other building.
Whenever the Zoning Officer or any officer of the Palmyra Borough Police Department finds any motor vehicle, junk automobile or junk automobile body which has been abandoned, kept or stored contrary to the provisions of this chapter, such Zoning Officer or officer of the Palmyra Borough Police Department shall remove, secure the removal of and/or impound said vehicle, junk automobile or junk automobile body in accordance with the procedures hereinafter set forth:
Public property. Whenever any motor vehicle, junk automobile or junk automobile body is found on any public street, highway or public property, an emergency condition is herewith declared to exist, and any officer of the Palmyra Borough Police Department is thereby authorized to immediately remove, secure the removal of and/or impound the motor vehicle, junk automobile or junk automobile body without the necessity of notice prior to said impoundment. After impoundment, the Palmyra Borough Police Department shall use diligent efforts to identify and locate the owner of the impounded motor vehicle, junk automobile or junk automobile body and notify the owner in accordance with Subsection A(2) below. The Police Department shall also immediately notify the Director of the Division of Motor Vehicles for verification of ownership.
Whenever any motor vehicle, junk automobile or junk automobile body is found on any private land in violation of the provisions of this chapter or if probable cause exists that a violation of this chapter exists, then the Zoning Officer or any officer of the Palmyra Borough Police Department shall cause the owner of the motor vehicle, junk automobile or junk automobile body, if he can be found, or the owner or tenant of the private lands upon which the violation is occurring to be given 10 days' written notice that said violation exists. Said notice shall be given by certified mail, sent to the last known address of the owner of the motor vehicle, junk automobile or junk automobile body and/or the owner or tenant of the property. The notice shall identify the vehicle or vehicles, require removal of the vehicle within 10 days and inform the recipient that a request for a hearing may be made within the ten-day period.
A public hearing prior to the removal of the vehicle is to be held before the Palmyra Borough Council or the Council's designee when such a hearing is requested by the recipient of the aforementioned notice within 10 days after service of the notice. Upon determination that the owner of the vehicle is in violation of this chapter, a complaint shall be filed in Municipal Court, and the Palmyra Borough Police Department shall take the appropriate legal process to effect the removal of the abandoned vehicle.
Should the notice be returned unopened by the United States Post Office or should the recipient fail to request a hearing, the Chief of Police or his designee shall apply to the Municipal Court for a warrant and an order of removal to enter upon private land and remove the vehicle.
Removal with permission of owner or occupant. If, within 10 days after receipt of notice from the Chief of Police or his designee to remove the abandoned vehicle, the owner or occupant of the premises shall give his written permission to the Chief of Police or his designee for removal of the abandoned vehicle from the premises, the grant of such permission shall be considered in compliance with Subsection A(2)(a).
[Amended 8-9-2010 by Ord. No. 2010-11]
The Borough hereby incorporates the provisions of N.J.S.A. 39:10A-1 through 39:10A-4 in their entirety and designates the Zoning Officer, the Chief of Police and/or their designees as the public agency referred to in the aforesaid statutes.
Any person who violates the provisions of this chapter shall, in addition to such other penalties as may be prescribed, pay all costs of removal, impoundment and sale not paid for out of the proceeds of the sale mentioned in § 264-4 above, and, in the event that the violator is a property owner as specified in § 264-2C above, said costs and such other penalties as may be levied in accordance with this chapter shall become a lien upon his property in accordance with the law and shall be collected in the manner ascribed and established for the collection of liens.
Any person who violates any provisions of this chapter shall, upon conviction, be punished by a fine not exceeding $500 or by imprisonment not exceeding 90 days, or both, at the discretion of the Municipal Judge, and, each day that a violation shall continue, it shall be deemed a separate offense.
A continuance of a violation or a noncompliance with the provisions of this chapter shall be deemed a nuisance, and the Mayor and Borough Council shall have the right to apply to the courts of this state for injunctive relief or other relief in addition to the penalties provided for herein.