[Added 10-19-2009 by Ord. No. 2009-14 (1067)]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDONED MOTOR VEHICLE
Includes any motor vehicle, omnibus, tractor, trailer, truck and/or other vehicle which:
A. 
Has remained on or about public property or private property without the consent of the owner or other person so in charge of the property for a continuing period of more than 48 hours; and/or
B. 
Constitutes an obstruction to traffic and the driver or person owning or in charge thereof neglects and/or refuses to move the vehicle to a place where it shall not obstruct traffic.
MOTOR VEHICLE INCAPABLE OF BEING USED OR OPERATED
A. 
Includes, but is not limited to, any motor vehicle, omnibus, tractor, trailer, truck and/or other vehicle which:
(1) 
Does not have current license plates or registration; and/or
(2) 
Is partially dismantled, mechanically inoperative, wrecked, junked and/or discarded and remains in such condition for a period of at least 48 hours; and/or
(3) 
Does not have one or more tires.
B. 
This definition shall not be construed as prohibiting a vehicle owner from making repairs to one's personal registered vehicle, on private property, for a reasonable time not to exceed 30 days.
MOTOR VEHICLE, OMNIBUS, TRACTOR, TRAILER, TRUCK and VEHICLE
Intended to have the meanings stated and defined in N.J.S.A. 39:1-1 et seq.
OWNER OF RECORD
A person who is designated as the owner of a motor vehicle on any official document maintained by the State of New Jersey, the New Jersey Motor Vehicle Commission or a lienholder of that motor vehicle.
It shall be unlawful for any person to store, abandon or suffer or permit to be stored or be abandoned upon any public or private lands within the Borough of Lavallette any motor vehicle, or any motor vehicle which is incapable of being used or operated, unless said motor vehicle is garaged or kept in any other enclosed structure. The foregoing shall not apply to any person, firm, corporation or other entity holding a valid license to carry on, maintain or establish any motor vehicle business, motor vehicle junkyard or any person, firm, corporation or other entity possessing a state license to sell secondhand motor vehicles.
Whenever any member of the Police Department finds any motor vehicle which has been abandoned, kept or stored contrary to the provisions of this article or any motor vehicle which is incapable of being used or operated, such member of the Police Department may issue a summons and secure the removal of and impound the motor vehicle in accordance with the following procedures:
A. 
Vehicles on public property. Whenever any abandoned motor vehicle or any motor vehicle which is incapable of being used or operated is found on any public street, highway or public property, any member of the Police Department is authorized to issue a summons to any person deemed to be in violation of this article. In addition, any member of the Police Department is authorized to immediately remove, secure the removal of and impound such motor vehicle without the necessity of notice prior to impoundment. Once the motor vehicle has been impounded, the Police Department shall use diligent efforts to identify and locate the owner of record of the motor vehicle and notify the owner in accordance with the provisions of § 89-33.
B. 
Vehicles on private property. Whenever any abandoned motor vehicle or any motor vehicle which is incapable of being used or operated is kept or stored on any private property in violation of the provisions of this article, any member of the Police Department shall give the owner of record of the motor vehicle, if the owner of record can be ascertained or located, or the owner or tenant of the private property upon which the violation is occurring, written notice that the violation exists. The notice shall be given by personal service or certified mail sent to the last known address of the owner of record of the motor vehicle or the owner or tenant of the property, or both.
(1) 
If, at the expiration of five days, a violation of the provisions of this article still exists, a summons may issue and a penalty may be imposed in accordance with § 89-34 against the owner of the vehicle, if known, or against the owner or tenant, as appropriate, of the private property upon which the motor vehicle has been abandoned, or where any motor vehicle which is incapable of being used or operated is located, for each and every day that the vehicle remains in violation of this article. Members of the Police Department are further authorized, at the expiration of the five-day period, to remove any motor vehicle left at any place within the Borough which is deemed to be in violation of this article. Such vehicle may be impounded until lawfully claimed or disposed of in accordance with applicable statutes and the procedure set forth in this article. Notice of the impoundment shall be given to the owner of the motor vehicle, or the owner or tenant of the private property upon which the violation occurred, or both, in the manner established in this article.
(2) 
In the case of motor vehicles found abandoned or any motor vehicle which is incapable of being used or operated on commercial or multifamily housing properties, all notices and summonses authorized in this article shall be directed to the owners of such properties whenever the vehicle owner cannot be ascertained or located as provided in this section.
A. 
Notice of the impoundment of any motor vehicle shall be given to the owner of record of the motor vehicle, or to the owner or tenant of the private property upon which the violation occurred, in writing, by personal service or by certified mail to the last known address of such person, and shall contain the following information:
(1) 
The time and place of impoundment;
(2) 
The location of the motor vehicle;
(3) 
The reason for the impoundment;
(4) 
The amount and nature of penalties and costs that may be entered against such person; and
(5) 
A statement that a sale of the motor vehicle will occur after the appropriate time period as set forth in N.J.S.A. 39:10A-lb if the motor vehicle is not reclaimed.
B. 
Upon notification to the owner of record of the motor vehicle or the owner or tenant of the private property upon which the violation occurred, towing and per diem storage fees shall be imposed representing the reasonable cost of removal of the vehicle for impoundment and storage. Such costs shall be as set forth in the applicable Borough Code provisions regarding the towing and storage of vehicles, and shall be imposed until all charges and costs are paid and the impounded vehicle is claimed and retrieved by its rightful owner or the impounded vehicle is sold at public auction as provided below.
C. 
Whenever any motor vehicle impounded by the Police Department shall remain unclaimed for the minimum holding period set forth in N.J.S.A. 39:1041 et seq., such vehicle may be subject to sale at public auction as provided in N.J.S.A. 39:10A-1 et seq. The Borough Council may, by resolution, provide for the sale of any such property at public auction, after notice of a designated time and place therefor, not less than five days prior thereto, by one publication in a newspaper circulating within the Borough and by notifying the owner of the motor vehicle, in writing, by personal service or certified mail. All monies received from the sale of any such property shall be paid into the general municipal treasury.
Any person who violates any provision of this article shall, upon conviction thereof, and in addition to any towing charges, storage fees and/or other costs due under this article, be subject to a fine not less than $50 nor more than $1,000 for each offense. Each day a violation exists shall constitute a separate offense.