Pursuant to the provisions of N.J.S.A. 39:4-139.13, as amended and
supplemented, the Police Department is hereby authorized to impound
or immobilize any vehicle found within the Borough of Glen Rock in
the event that there is an outstanding warrant issued against the
vehicle.
Except for vehicles owned by lessors who have complied with the provisions
of N.J.S.A. 39:4-139.5, as amended and supplemented, if the outstanding
warrants(s) are not paid by 12:00 midnight on the 30th day following
the day on which the vehicle was impounded or immobilized, the vehicle
may be sold at a public auction. The Police Department shall give
notice of the sale by certified mail to the owner, if the name and
address are known, and to the holder of any security interest filed
with the Director and by publication in a form to be prescribed by
the Director by one insertion, at least five days before the date
of the sale, in one or more newspapers published in this state and
circulating in the Borough of Glen Rock.
At any time prior to the sale, the owner of the motor vehicle or
other person entitled to the motor vehicle may claim possession of
the motor vehicle upon payment of the reasonable costs of removal
and storage of the motor vehicle, any fine or penalty and court costs
assessed against him for a violation that gave rise to the impoundment
or immobilization of the motor vehicle and any outstanding warrants
against the vehicle; however, the owner-lessor of a motor vehicle
who has complied with the provisions of N.J.S.A. 39:4-139.5, as amended
and supplemented, shall be entitled to reclaim possession without
payment, and the lessee shall be liable to any fine, penalty, court
costs and outstanding warrants against the vehicle.
Any proceeds obtained from the sale of a vehicle at a public auction
pursuant to this section in excess of the amount owed to the Borough
for the reasonable costs of removal and storage of the motor vehicle,
any fine or penalty and court costs assessed for any violation that
gave rise to the impoundment or immobilization of the vehicle and
any outstanding warrants against the vehicle shall be returned to
the owner of the vehicle, if his name and address are known.
Right to hearing. As to any vehicle impounded pursuant to the Glen
Rock Code or to state statutes, by or at the request of the Borough
of Glen Rock, its agents or employees, a person who has a legal entitlement
to possession of the vehicle has a right to a post-seizure administrative
hearing to determine whether there was probable cause to impound the
vehicle, if such person files a written demand with the Borough Administrator
within the 10 days after such person has learned such vehicle has
been impounded or within 10 days after the mailing of the notice of
stored vehicle, whichever occurs first. The notice of stored vehicle
shall be sent in the mail to the legal and registered owner and to
the garage where the vehicle is stored within 48 hours, excluding
weekends and holidays, after impounding and storage of the vehicle.
Conduct of the hearing. A hearing shall be conducted before a hearing
officer designated by the Borough Administrator within 48 hours of
receipt of a written demand therefor from the person seeking the hearing,
unless such person waives the right to a speedy hearing. Saturdays,
Sundays and state holidays are to be excluded from the calculation
of the forty-eight-hour period. The hearing officer shall be someone
other than the person who directed the impounding and storage of the
vehicle. The sole question before the hearing officer shall be whether
there was probable cause to impound the vehicle in question. The phrase
"probable cause to impound" shall mean such a state of facts as would
lead a person of ordinary care and prudence to believe that there
was sufficient breach of local, state or federal law to grant legal
authority for the removal of the vehicle.
Hearing rocedure. The hearing officer shall conduct the hearing in
an informal manner and shall not be bound by technical rules of evidence.
The person demanding the hearing shall carry the burden of establishing
that such person has the right to possession of the vehicle. The Borough
shall carry the burden of establishing that there was probable cause
to impound the vehicle in question. At the conclusion of the hearing,
the hearing officer shall prepare a written decision. A copy of such
decision shall be provided to the person demanding the hearing and
the registered owner of the vehicle (if not the person requesting
the hearing). The hearing officer's decision in no way affects any
criminal or motor vehicle proceeding in connection with the impounding
question, and any criminal or motor vehicle charges involved in such
proceeding may only be challenged in the appropriate court. The decision
of the hearing officer is final. Failure of the registered or legal
owner or his agent to request a hearing within the provisions of this
section or to attend a scheduled post-seizure hearing shall be deemed
a waiver of the right to such hearing.
Decisions of the hearing officers and their effect. The hearing officer
shall only determine that, as to the vehicle in issue, either there
was probable cause to impound the vehicle or there was no such probable
cause. In the event that the hearing officer determines that there
was no probable cause, the hearing officer shall prepare and date
a certificate of no probable cause, copies of which shall be given
to the possessor (owner or other person entitled to possession) of
the vehicle and the Borough. Upon receipt of the possessor's copy
of such certificate, the custodian, towing company, or such, of the
vehicle shall release the vehicle to its possessor. Upon a finding
of no probable cause, towing and storage fees shall be paid by the
Borough. If the possessor fails to present such certificate to the
person having custody of the vehicle within 24 hours of its receipt,
excluding such days when the custodian of the vehicle is not open
for business, the possessor shall assume liability for all subsequent
storage charges. Such certificate shall advise the possessor of such
requirement.