[HISTORY: Derived from Sec. 3-5 of the 2003 Revised General
Ordinances of the Township of Willingboro; amended in its entirety 10-23-2019 by Ord. No. 2019-12. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Abandoned refrigerators — See Ch. 276.
No person shall leave or suffer or permit to be left any motor
vehicle, bicycle, merchandise or other movable property, either owned
by such person or in such person's possession, custody or control,
upon any street, sidewalk, or public municipal parking field or lot;
excepting, however, that this chapter shall not apply to materials
lawfully placed at the curbs or sides of streets for collection by
the garbage, rubbish, recycle or removers or residential charitable
donation collection services.
A.
ABANDONED
(1)
(2)
(3)
(4)
(5)
IMPOUND, IMPOUNDMENT or PLACE OF IMPOUNDMENT
JUNK AUTOMOBILE or JUNK AUTOMOBILE BODY
MOTOR VEHICLE
PERSON
PLACE OF STORAGE
POLICE DEPARTMENT
Definitions. 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, trailer,
truck, truck-trailer or other vehicle which:
Is parked without the current year's inspection, registration,
or identification markers as required by law;
Has been parked in any public street or on any public land for
a period of 15 consecutive days;
Is so disabled as to constitute an obstruction of 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 five days (said period of time may be
extended, for good cause, by the Police Department); or
Is found without one or more tires for a period of five consecutive
days (which period may be extended for good cause by the Police Department).
The sequestration of the vehicle or junk automobile body
at a place of storage.
Any vehicle or 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.
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. The term "person," when applied to lands,
housing, residential, commercial or industrial units which are leased
rather than owned by the occupants, shall be deemed to mean and include
the owner of the leased structures.
Lands owned by the Township, or such other locations as the
Manager or Public Safety Director shall from time to time provide.
The Police Department of the Township of Willingboro.
Subject to the regulations below, the Director of Public Safety
of the Township of Willingboro or his designee shall remove or cause
to be removed any motor vehicle, bicycle, or other movable personal
property determined to be abandoned or that is found upon any street,
sidewalk, municipal parking field, or lot and shall take same or shall
cause same to be taken to property or premises of the Township or
Impound Lot where the same shall be held until redeemed or sold as
hereinafter provided.
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 Township of Willingboro, or on any public street, or between
the right-of-way side 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 Township of
Willingboro.
C.
Presumption. If any motor vehicle, junk automobile or junk automobile
body shall be abandoned on private lands for five working 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.
Exclusions.
(1)
Nothing herein contained shall prohibit the placing, keeping or storage
of any motor vehicle, junk automobile or junk automobile body in an
enclosed garage, barn or other building.
(2)
Any motor vehicle or automobile stored in a driveway or outdoors
on a property must be covered with a fitted automobile cover.
E.
No more than two vehicles shall be stored on a driveway with a fitted
automobile cover.
F.
No vehicles located on a public street shall be parked with a fitted
automobile cover.
A.
Impounding vehicles. Whenever any officer of the Willingboro Township
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 member of the Willingboro
Township Police Department 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. 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 Willingboro Township Police Department 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 Willingboro Township 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 § 261-5A.
(2)
Private lands.
(a)
Regulations. Whenever a motor vehicle, junk automobile or junk
automobile body is found on any private land in violation of this
chapter, then any officer of the Willingboro Township Police Department
in furtherance of enforcement of this chapter shall affix to the vehicle
in question a sticker bearing the information more particularly set
forth on Exhibit 1 attached to this chapter and made a part hereof
by reference.[1] Said sticker shall, in addition to such additional information
as is provided, indicate that, unless the violation is corrected within
five working days, the violation is continuing and any member of the
Willingboro Township Police Department is authorized to issue a summons
for the violation for municipal court.
[1]
Editor's Note: Exhibit 1 is on file in the Township offices.
(b)
Exclusion. 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]
Any person may maintain motor vehicles altered for drag or stock
car racing as long as said motor vehicles are maintained on, or stored
within, registered trailers.
[2]
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; or
[3]
Owners of antique motor vehicles which are classified as such
under state statutes are exempt from the provisions of this chapter.
(c)
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 Director of Public Safety an exempt certificate which shall indicate that the motor vehicle in question comes under one of the exclusions referred to in Subsection A(2)(b) above. The applicant for an exempt certificate shall provide any documentation or other proof required by the Director of Public Safety to verify the vehicle's eligibility for one of the above exclusions before they are issued an exempt certificate. Said exempt certificate shall be valid for two years 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 enforcement officials under this chapter. No fees shall be charged for the issuance of an exempt certificate.
A.
Notice of the impoundment of any motor vehicle, junk automobile or
junk automobile body 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 pursuant to this article,
in writing, by registered 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)
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 30 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 State Division
of Motor Vehicles shall be deemed sufficient for the purpose of this
chapter.
C.
Notice to Director. Upon the impoundment of any vehicle pursuant
to this chapter, the member of the Willingboro Township Police Department
so impounding the vehicle shall give immediate notice to the Director
of Motor Vehicles on prescribed forms for verification of ownership.
D.
Sale of impounded vehicles. Whenever any motor vehicle, junk automobile
or junk automobile body impounded by the Police Department shall remain
unclaimed for a period of 30 days, the motor vehicle, junk automobile
or junk automobile body shall be sold under the direction of the Public
Safety Director of Willingboro Township or designee at public auction
to the highest bidder. Such auction held shall take place after notice
of such sale has been given at least seven days prior thereto by one
publication in the newspaper circulated in the Township 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 to the owner or tenant
of the lands upon which a violation is occurring and the holder of
any security interest filed with the Director of the Division of Motor
Vehicles by certified mail at least seven 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 Township of Willingboro
as a cost of administration.
E.
Notice to property owners. Whenever the Director of Public Safety
shall receive any property containing identification of ownership
or right to possession, a notice shall be sent by ordinary mail to
such person advising the amount necessary to redeem such property.
A.
Costs of removal, impoundment and sale.
(1)
Any person who violates the provisions of this chapter shall pay
all costs of removal, impoundment and sale. Cost of removal and sale
shall be those fees charged to the Township by those performing services
incident to such removal and sale, including but not limited to newspaper
advertisements, costs, attorneys' fees and tow truck operator's
fees. Impoundment costs shall be charged at the rate per day, per
vehicle, as is authorized by the Township-designated towers.
(2)
In the event that the violator is a property owner as specified in § 261-5 above, said costs and such other fines and penalties as may be levied in accordance with this chapter shall, upon notice to the property owner, become a lien upon the property in accordance with law and be collected in the manner prescribed and established for the collection of liens.
C.
Continuance. A continuance of a violation or a noncompliance with
the provisions of this chapter shall be deemed a nuisance, and the
Township 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.
Such property may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction, disposal or sale thereof, and the owner shall be entitled to receive such property upon the tendering of the penalties and costs provided in § 261-4, and the person seeking to redeem such property shall also be required to pay the cost of advertising the sale thereof. These costs and any other fees for redemption of impounded property or costs of sale chargeable to an owner or person entitled to possession of impounded property are in addition to any other penalty provided for violations of this chapter. No property shall be delivered to the person seeking to redeem it unless proof is submitted establishing to the satisfaction of the Director of Public Safety such person's ownership or right to possession. Any delivery to a person apparently entitled thereto shall be a good defense to the Township against any other person claiming to be entitled thereto, but if the person to whom delivery is made is in fact not entitled thereto, the person to whom the delivery ought to have been made may recover the property, with interest and costs, from the person to whom the property shall have been delivered.
Where any such property remains in the custody of the Director
of Public Safety for a period of 30 days after removal and with respect
to which no person has presented to the Director of Public Safety
proof establishing to the Director's satisfaction such person's
ownership or right to possession as hereinabove stated, the Director
of Public Safety shall give public notice in the official newspaper
of the Township advising that at a specified place and time, not less
than five days after such notice is published, such property will
be sold at public auction for the best price the Director of Public
Safety can obtain. A general description in such notice of the property
to be sold shall be sufficient. The sale shall be conducted by the
Director of Public Safety or by any employee of the Police Department
designated by the Director of Public Safety or by an auctioneer designated
by the Director of Public Safety.
In the event that such property shall remain unsold at public
auction, the Director of Public Safety may reoffer the property for
sale at a subsequent public auction held pursuant to the provisions
of this chapter, or the Director of Public Safety may dismantle, destroy
or otherwise sell or dispose of such property. Any such sale or other
disposition of such property pursuant to the provisions of this chapter
shall be without liability on the part of the Township to the owner
of such property or other person lawfully entitled thereto or having
an interest therein.
Immediately after property is redeemed, the Director of Public
Safety shall pay over to the Director of Finance of the Township the
amount received for redemption, costs and expenses of the article
redeemed, together with an itemized statement thereof. Immediately
after a sale or other disposition of such property, the Director of
Public Safety shall pay over to the Director of Finance the proceeds
of sale or other disposition of such property, with an itemized statement
of the article sold, the price received and the costs and expenses
of sale, and the Treasurer shall retain and credit the general surplus
fund with so much of the proceeds as equals the costs and expenses
of such sale, plus the sum as received for each such vehicle sold,
to cover the cost of removing and storing the property. All costs
and expenses, plus costs of removal of vehicles, if any, are in addition
to any other penalty provided for violations of this chapter. The
remainder of the moneys realized from such sale shall be paid, without
interest, to the lawful owner thereof.
