[HISTORY: Adopted by the Mayor and Council of the Borough of Branchville 6-2-1982 by Ord. No. 5-82. Amendments noted where applicable.]
[Amended 9-17-1986 by Ord. No. 6-86; 12-5-2012 by Ord. No. 10-2012]
A. 
Word usage. When not inconsistent with the context, words used in the present tense include the future tense; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
ABANDONED MOTOR VEHICLES
Any motor vehicle, as defined by N.J.S.A. 39:1-1, which is in a nonoperating condition and which is permitted to remain on any property for 30 days, the owner of which has not taken any steps to effect the repair or removal thereof, shall prima facie be deemed to be abandoned.
BOROUGH
The Borough of Branchville, New Jersey.
OPERATING CONDITION
A motor vehicle shall be deemed to be in nonoperating condition if said vehicle cannot be started under its own power at the request of the Code Enforcement Officer or cannot be driven upon the highways of the State of New Jersey by reason of its being in such condition that it would not meet the motor vehicle inspection standards of the State of New Jersey or the vehicle does not have a current valid New Jersey State satisfactory inspection sticker and registration, if one is required.
PRIVATE PREMISES
Any dwelling house, building or other structure designed or used, whether wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, ground, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling house, building or other structure.
PUBLIC PLACE
Any street, sidewalk, alley or other public way and any and all public parks, squares, grounds and buildings.
PUBLIC STRUCTURE OR BUILDING
Any structure or building owned or operated by the federal, county or state government or any governmental agency.
A. 
No person in charge or control of any vehicle or property, whether as owner, tenant, occupant, lessee or otherwise, shall abandon any vehicle on any street, highway or property within the Borough.
B. 
This section shall not apply to a vehicle in an enclosed building. This section shall not apply to a vehicle owned or operated by the Borough in its performance of governmental or proprietory activity.
[Amended 12-5-2012 by Ord. No. 10-2012]
[Amended 5-21-1986 by Ord. No. 4-86; 10-6-2021 by Ord. No. 07-2021]
Any enforcement official, police officer, or person designated by the Borough to enforce its regulation is authorized to remove any vehicle left at any place within the Borough which appears to be present in violation of this section. Such a vehicle may be impounded until lawfully claimed or disposed of in accordance with applicable statutes. The enforcement official, police officer, or other designated person shall notify the registered and legal owner, in writing, by personal service or by certified mail, at the last known address of the owner, of the removal of the vehicle. The vehicle shall be retained and impounded until the owner or his authorized agent pays the cost of such taking and removal, together with the actual garage or storage charge for each day that the vehicle is retained or impounded. This provision shall not be construed to require any enforcement official, police officer, or other designated person to impound any vehicle before a complaint in the Municipal Court can be initiated against the person or persons believed to be in violation of this chapter.
A. 
Any person, persons, firm, partnership or corporation who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties provided by § 1-15 of this Code.
[Amended 9-2-1987 by Ord. No. 9-87; 1-16-2008 by Ord. No. 01-2008]
B. 
Each and every day in which a violation of this chapter exists shall constitute a separate violation.
C. 
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.