[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:
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
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.
Refers to the sequestration of the motor vehicle, junk automobile
or junk automobile body at a place of storage.
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.
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.
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.
The Police Department of the Borough of Palmyra.
The Zoning Officer of the Borough of Palmyra duly appointed
by the Borough Council of the Borough of Palmyra.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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:
(1)
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.
(2)
Private lands.
(a)
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.
(b)
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.
(c)
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.
B.
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).[1]
[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.
A.
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.
B.
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.
C.
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.
