[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 9-23-2010 by Ord. No. 2010-13. Amendments noted
where applicable.]
The Borough Council hereby finds, determines and declares that
the keeping, storage or abandonment of any motor vehicle not currently
used for transportation, or not licensed for operation in the current
year, out of doors within the limits of the Borough is a nuisance
and contrary to the public health, safety and welfare of the inhabitants
of the Borough, in that such articles so abandoned or stored attract
or may attract persons of tender years who may play in and about them
and be injured in so doing and in that such vehicles so abandoned
and stored out of doors exposed to the elements deteriorate and the
exposure to view of such motor vehicles is unsightly and detrimental
to the character and appearance of the Borough.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Includes any motor vehicle, omnibus, road tractor, trailer,
truck, truck tractor or vehicle which:
Has remained on or about private property or public 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;
Does not have current license plates or registration;
Is found to be partially dismantled, mechanically inoperative,
wrecked, junked or discarded and is allowed to remain in such condition
for a period of 48 hours;
Is found without one or more tires; or
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 vehicle to a place where it shall not obstruct traffic.
This definition shall not be construed as prohibiting a vehicle
owner from making repairs to one personal registered vehicle, on private
property, with the property owner's consent, for a reasonable
time not exceeding 30 days.
Motor vehicle, omnibus, road tractor, trailer, truck, truck
tractor and vehicle are intended to have the meanings stated and defined
in N.J.S.A. 39:1-1 et seq.
It shall be unlawful for any person to store or abandon or suffer
or permit the storage or abandonment of any motor vehicle out of doors
upon any public or private lands in any zone in the Borough; provided,
however, that nothing contained in this section shall be deemed to
prohibit the placing, keeping or storage of any such motor vehicle
in a garage or other enclosed structure, and in residential zones,
one such vehicle may be placed, kept or stored, provided that the
vehicle is fully and completely covered with a tarp. For the purpose
of this section, a tarp shall be defined as a plastic, canvas or other
covering of suitable material designed to fully cover the entire vehicle.
All tarps shall be maintained in good repair.
Whenever any member of the Police Department finds any motor
vehicle which has been abandoned, kept or stored contrary to the provisions
of this chapter, such member may issue a summons and remove, 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
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 chapter. In addition, an emergency
condition is herewith declared to exist, and any member of the Police
Department is hereby authorized to immediately remove, secure the
removal of and impound such motor vehicle without the necessity of
notice prior to the impoundment. After impoundment, the Police Department
shall use diligent efforts to identify and locate the owner of the
impounded motor vehicle which has been abandoned and notify the owner
in accordance with § 309-5
B.
Vehicles on private land. Whenever any abandoned motor vehicle is
found on any private land in violation of the provisions of this chapter,
any member of the Police Department shall cause the owner of the motor
vehicle, if the owner can be ascertained or located, or the owner
or tenant of the private lands upon which the violation is occurring
to be given five days' 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 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 chapter still exists, a summons may issue and a penalty may be imposed in accordance with § 349-7 against the owner of the vehicle, if known, or against the owner or tenant, as appropriate, of the private lands upon which the motor vehicle has been abandoned, for each and every day that the vehicle remains in violation of this chapter. Members of the Police Department are further authorized, in their discretion, to remove any vehicle left at any place within the Borough which is deemed to be in violation of this chapter. Such vehicle may be impounded until lawfully claimed or disposed of in accordance with applicable statutes and the procedure set forth in this chapter. Notice of the impoundment shall be given to the owner of the motor vehicle or the owner or tenant of the private land upon which the violation occurred, or both, in the manner established in this chapter.
(2)
In the case of motor vehicles found abandoned on commercial or multifamily
housing properties, all notices and summonses authorized in this chapter
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 the motor vehicle or to the owner or tenant of the private
lands upon which the violation has occurred, in writing, by personal
service or by certified mail at the last known address of such person,
and shall contain the following:
(1)
The time and place of impoundment.
(2)
The location of the motor vehicle.
(3)
The reason for impoundment.
(4)
The amount and nature of penalties and costs that may be entered
against such person.
(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-1b, if the
motor vehicle is not reclaimed.
B.
Upon notification to the appropriate party as required in this section, 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 fee schedule for removal and storage of vehicles set forth in Chapter 340, Towing, and shall be imposed until all charges and costs are paid and the impounded vehicle is claimed and picked up by its rightful owner or the impounded vehicle is sold at public auction as provided in Subsection C of this section.
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.
39:10A-1b, 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
or the owner or tenant of the lands upon which the violation occurred,
or both, 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 account.
The provisions of this chapter shall not apply to a vehicle
on the premises of a business enterprise operated in a lawful place
and manner, when necessary to the operation of the business enterprise,
or a vehicle in an appropriate storage place or depository maintained
in a lawful place and manner by the Borough.
Any person who violates any provision of this chapter shall, upon conviction thereof, and in addition to any towing charges, storage fees and other costs due under this chapter, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. The penalties set forth in this section are separate and apart from the impoundment remedy provided for in § 349-4.
