[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-19-1962 (Ch. 86 of the 1974 Code)]
Members of the Police Department are hereby
authorized to remove a vehicle from a street or highway to the nearest
garage or other place of safety, or to a garage designated or maintained
by the Police Department or otherwise maintained by this Borough,
under the circumstances hereinafter enumerated:
A.
When any vehicle is left unattended upon any bridge,
viaduct or causeway or in any tube or tunnel where such vehicle constitutes
an obstruction to traffic.
B.
When a vehicle upon a highway is so disabled as to
constitute an obstruction to traffic and the person or persons in
charge of the vehicles are, by reason of physical injury, incapacitated
to such an extent as to be unable to provide for its custody or removal.
C.
When a vehicle upon a highway is so disabled as to
constitute an obstruction to traffic and the owner or person in charge
of such vehicle willfully neglects or refuses to move said vehicle
to a place where it shall not obstruct traffic.
D.
When any vehicle is left unattended upon a street
and is so parked illegally as to constitute a definite hazard or obstruction
to the normal movement of traffic.
E.
When any vehicle is parked without identification
markers as provided by the laws of the state.
F.
When any vehicle has been abandoned. A vehicle shall
be considered abandoned if it has been parked continuously on a public
highway for a period in excess of 48 hours.
A.
Immediately after vehicle is so removed, the Chief
of Police or such member acting for him shall notify the registered
and legal owner, in writing, by personal service or by registered
mail at the last-known address of the owner, of the removal of such
vehicle and the reason for the same and the location of the vehicle.
B.
Such vehicle shall be retained and impounded until
the person owning such vehicle shall pay the cost of such taking and
removal, together with a garage charge of $1 for each and every day
such vehicle is retained and impounded.
A.
Any person or corporation abandoning a vehicle on a public highway may be charged with this specific violation and, on conviction thereof before the Judge or Acting Judge of the Municipal Court of the Borough of Prospect Park, shall be liable to the provisions stated in Chapter 1, Article II, General Penalty.
[Amended 11-13-1995 by Ord. No. 1995-6]
B.
This proceeding in the Municipal Court shall not prevent
the institution of prosecutions for other violations of law against
the owner or person in charge of such an impounded vehicle.
[Adopted 6-11-1973 (Ch. 83 of the 1974 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any self-propelled vehicle or part thereof, machine or part
of machine, of any nature whatsoever.
Any person, firm or corporation owning, possessing, occupying
or having custody of lands in the Borough of Prospect Park.
Includes the parking, placement or storage of any motor vehicle
as hereinabove defined.
Any individual, person, group of persons, partnership, corporation,
firm, association or any other entity.
[Amended 11-12-1973]
It is hereby determined and declared that the
placing, parking, abandonment, leaving or storing out-of-doors on
private or public property in the Borough of Prospect Park or between
the right-of-way side lines of any public thoroughfare therein, of
any used machinery, machine, appliance, equipment or parts thereof,
or, on the owner's property or the property of another where consent
to do so has been given by the owner, of any motor vehicle not currently
in use for transportation or not licensed for the current license
year with a currently dated inspection sticker, is contrary to the
public welfare in that such articles so placed may attract persons
of tender years, who being so attracted, may play in or about such
articles and be injured in so doing, and in that such articles so
placed, abandoned or left out-of-doors, exposed to the elements, deteriorate
and in themselves are unsightly and are detrimental to and depreciate
the value of properties where they are located.
[Amended 11-12-1973]
A.
No person shall place, park, abandon, leave, keep or store, or suffer or permit the placing, parking, abandoning, leaving, keeping or storing of, any article described in § 395-5 of this article in the manner and places described therein, except by those businesses regularly engaged in the repair or sale of automobiles and only upon the private land of said businesses. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed garage.
B.
No person or corporation after obtaining a release
from the Police Department for a vehicle towed by this agency shall
willfully abandon or leave a vehicle on the property or facility of
a tower/agent storing vehicles for the Borough.
[Added 12-13-1995 by Ord. No. 1995-8]
Upon complaint of any resident or property owner
or employee of said Borough, or upon the motion of the Building Inspector
of the Borough of Prospect Park or his designated agent or the Prospect
Park Police Department, the said Building Inspector or his designated
agent or the Prospect Park Police Department shall make on investigation
of the condition complained of, and, if a violation of one or more
of the provisions of this article is determined to exist on said land,
the said Building Inspector or his designated agent or the Prospect
Park Police Department shall notify the owner in writing, either personally
or by certified mail, return receipt requested, of the existence of
such violation, and shall order that the said violation be removed,
terminated or otherwise abated within 10 days after the service of
such notice.
Upon failure to comply with the written notice
and order aforesaid, the Building Inspector or Police Department shall
file a complaint in the Municipal Court of the Borough of Prospect
Park.
B.
The imposition of a penalty or penalties for any violation
of this article shall not excuse the violation or permit it to continue,
and all such persons shall be required to correct or remedy such violations
within a reasonable time. If said violations are not corrected or
remedied within a reasonable time, then each 10 days thereafter that
the prohibited conditions are maintained shall constitute a separate
offense hereunder. Such reasonable time shall be determined by the
Municipal Judge.
[Added 12-13-1995 by Ord. No. 1995-8]
Any vehicle found within the Borough of Prospect
Park may be impounded or immobilized by the Police Department if there
are any outstanding warrants against the vehicle pursuant to N.J.S.A.
39:4-139.13.
[Amended 12-13-1995 by Ord. No. 1995-8]
Appeals for relief from the provisions of this
article shall be made to the Mayor and Council of the Borough of Prospect
Park, and relief granted by said body by the adoption of a formal
resolution may be upon the finding by said body that such relief is
not and will not be detrimental to the public welfare and safety.
