[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 18-2003 (Ch. 10.12 of the 1996 Municipal 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:
Any motor vehicle, omnibus, road tractor, trailer, truck,
truck-trailer or other vehicle contained and defined in N.J.S.A. 39:1-1
et seq. which:
Is parked without the current year's registration or identification
markers as required by law;
Has been continuously parked in any public street or any public
land for a period of 10 days;
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;
Is found to be mechanically inoperative and is allowed to remain
inoperative for a period of seven days (said period of time may be
extended, for good cause, by the Police Department); or
Is found without one or more tires.
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 ascribed
to the foregoing words as contained and defined in N.J.S.A. 39:1-1
et seq.
See § 1-15.
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 and any and all other ordinances of the City.
Division of Police within the Department of Public Safety.
A.
Abandonment prohibited. It shall be unlawful for any person to abandon
or suffer or permit the abandoning of any motor vehicle, junk automobile
or junk automobile body out of doors upon any public or private lands
in the City, or on any public street or between the right-of-way lines
of any public right-of-way therein.
B.
Storage prohibition. No person shall place, keep or store any junk
automobile or junk automobile body, as heretofore defined in this
chapter, on any public or private property within the City.
C.
Presumption. If any motor vehicle, junk automobile or junk automobile
body shall be abandoned on private lands for 10 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 a totally enclosed garage, barn or other
building.
A.
Impounding vehicles. Whenever any police officer 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 police
officer shall remove, secure the removal of and/or impound said motor
vehicle, junk automobile or junk automobile body in accordance with
the procedures hereinafter set forth:
(1)
Public property regulations. 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 police officer is hereby 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 Division of Police 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(3) of this section.
(2)
Private lands regulations. 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 any police officer shall
cause the owner of the motor vehicle, junk automobile or junk automobile
body, if he or she can be found, or the owner or tenant of the private
lands upon which the violation is occurring, to be given five 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. In the event that, at the expiration
of five days, the violation of the provisions of this chapter still
exist, any member of the Division of Police is authorized to proceed
in accordance with law to impound the motor vehicle, junk automobile
or junk automobile body and to remove said motor vehicle, junk automobile
or junk automobile body to a place of storage. Notice of said impoundment
shall be given to the owner of the motor vehicle, junk automobile
or junk automobile body or the owner or tenant of the private land
on which the violation is occurring, in the manner hereinafter established.
(a)
Exclusions. Nothing heretofore mentioned shall be deemed to
prevent any of the following activities from being conducted on private
lands under the conditions or by the people referred to:
[1]
One motor vehicle, within the definition set forth above, which
does not possess the current year's registration, may be maintained
on a single parcel of land having on it a single-family residential
dwelling as long as the motor vehicle is in a complete and operable
condition;
[2]
Any person may maintain motor vehicles altered for drag or stock
car racing as long as said motor vehicles are maintained on registered
trailers;
[3]
Owners of motor vehicles being held for sale or resale in a
commercial zone are exempt from the provisions of this chapter;
[4]
Owners of a motor vehicle which would otherwise come under the provisions of this chapter, who are in the military service stationed outside the State of New Jersey, shall be exempt from the provisions of this chapter in accordance with the terms and conditions set forth in Subsection A(2)(a)[1] of this section;
[5]
Owners of antique motor vehicles which are classified as such
under state statutes are exempt from the provisions of this chapter.
(b)
Exempt certificates. Any person who possesses, owns or maintains a motor vehicle covered under any one of the exclusions referred to above shall obtain from the Chief of Police an exempt certificate which shall indicate that the motor vehicle in question comes under one of the exclusions referred to in Subsection A(2)(a) of this section. Said exempt certificate shall be valid for one year from the date of issuance. All owners of exempt certificates shall display the exempt certificate on the windshield or other prominent place on the motor vehicle in question so that it is readily observable by the police. No fees shall be charged for the issuance of an exempt certificate.
(3)
Notice of impoundment.
(a)
Notice of impoundment of any motor vehicle, junk automobile
or junk automobile shall be given to the owner of said motor vehicle,
junk automobile or junk automobile body, or to the owner or tenant
of lands upon which a violation is occurring, in writing, by certified
mail, at the last known address of the party to be served, and shall
contain the following:
[1]
The time and place of impoundment;
[2]
The location of the motor vehicle, junk automobile or junk automobile
body;
[3]
The reason for impoundment;
[4]
The amount and nature of penalties and costs that may be entered
against him;
[5]
A statement that a sale of the motor vehicle, junk automobile
or junk automobile body will occur after 20 days if the motor vehicle,
junk automobile or junk automobile body is not reclaimed;
[6]
A statement of the time and place of sale.
(b)
The address of the owner as shown on the records of the Division
of Motor Vehicles shall be deemed sufficient for the purpose of this
chapter.
B.
Sale of impounded vehicles. Whenever any motor vehicle, junk automobile
or junk automobile body impounded by the police shall remain unclaimed
for a period of 20 days, the motor vehicle, junk automobile or junk
automobile body shall be sold under the direction of the City Prosecutor
or his or her designee at public auction to the highest bidder. Such
auction shall take place after notice of such sale has been given
at least five days prior thereto by one publication in an official
municipal newspaper and upon the mailing of a copy of said notice
to the owner of the motor vehicle, junk automobile or junk automobile
body and/or the owner or tenant of the lands upon which violation
is occurring, by certified mail, at least five days prior to the sale.
All revenues collected from the sale of the motor vehicle, junk automobile
or junk automobile body shall be retained by the City as a cost of
administration.
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, and, in the event that the violator is a property owner,
said costs and such other fines and penalties as may be levied in
accordance with this chapter shall become a lien upon his or her property
in accordance with law and be collected in the manner ascribed and
established for the collection of liens.
C.
A continuance of a violation or a noncompliance with the provisions
of this chapter shall be deemed a nuisance, and the Common 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.
D.
Any person
convicted of a first offense under this section shall be subject to
a minimum fine of $224 payable through the City Violations Bureau.
[Added 7-21-2009 by Ord.
No. 13-2009]
