Whenever any words and phrases are used in this chapter, the
meanings respectively ascribed to them in Subtitle 1 of Title 39 of
the Revised Statutes of New Jersey shall be deemed to apply to such words and phrases used
herein.
All former traffic ordinances of the Town of Irvington are hereby
repealed, except that this repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or committed
in violation of any ordinance hereby repealed prior to the taking
effect of this chapter.
If any part or parts of this chapter are held to be invalid
for any reason, such decision shall not affect the validity of the
remaining portions of this chapter.
Any unoccupied vehicle parked in violation of this chapter shall
be deemed a nuisance and a menace to the safe and proper regulation
of traffic, and any peace officer may provide for the removal and
storage of such vehicle. The owner or operator shall pay the reasonable
cost of removal and storage of such vehicle which may result from
the removal before regaining possession of such vehicle.
[Added 11-23-1993 by Ord.
No. MC 2986]
A. Should any motor vehicle be found within the jurisdiction of the
Township of Irvington for which there are outstanding warrants, then
the members of the Irvington police force shall impound and/or immobilize
said motor vehicle, and the said motor vehicle shall remain impounded
or immobilized subject to the following conditions.
B. Except for motor vehicles owned by lessors who have complied with
N.J.S.A. 39:4-139.5b(1) and (2), the owners of a vehicle that has
been impounded and/or immobilized pursuant to the authority of this
section of the Revised Code of the Township of Irvington shall pay
by 12:00 midnight of the 30th day following the day on which the vehicle
was impounded or immobilized the amounts necessary to pay the said
warrants as well as the other fees and costs outlined in this section
of the Revised Code. Said moneys shall be paid to the Administrator
of the Irvington Municipal Court. If such moneys are not paid by the
owner of the said motor vehicle by 12:00 midnight of the 30th day
following the day of impoundment or immobilization, then the Administrator
of the Irvington Municipal Court shall advise the Municipal Clerk,
who shall give notice of an auction sale of the said vehicle by certified
mail to the owner of the said vehicle, if his name and address are
known, and to the holder of any security interest filed with the Director
of Motor Vehicles of the State of New Jersey. In addition, notice
of the auction sale shall be given by publication in a form to be
prescribed by the Director of Motor Vehicles. Said publication shall
be made at least five days prior to the date of any such auction sale
in a newspaper published in the State of New Jersey and circulating
within the Township of Irvington.
C. At any time prior to the aforesaid auction sale, the owner of the
motor vehicle or any other person entitled to the motor vehicle may
reclaim possession of the motor vehicle upon payment of the reasonable
costs of removal and storage of the motor vehicle, as well as paying
any fine, penalty and court costs assessed against the vehicle for
the 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 the motor vehicle who has complied with
N.J.S.A. 39:4-139.5b(1) and (2) shall be entitled to reclaim possession
of the said motor vehicle without payment, and the lessee of the said
vehicle shall be liable for any fines, penalties, court costs and
outstanding warrants against the vehicle.
D. Any proceeds obtained from the sale of an impounded or immobilized
motor vehicle at public auction pursuant to this chapter in excess
of the total amount owed to the municipality for the reasonable costs
of removal and storage of the motor vehicle, any fine or penalty and
court costs assessed against them for the violation that gave rise
to the impoundment or immobilization of the motor vehicle and any
outstanding warrants against the vehicle shall be returned to the
owner of the motor vehicle if his name and address are known.
It shall be unlawful for any person to make or permit to be
made any repairs to a vehicle parked or standing upon any street within
the Town, except that emergency repairs may be made so as to permit
the vehicle to proceed.
The provisions of this chapter shall take effect upon the erection
of signs as provided by the New Jersey statutes.