[Added 4-19-2016 by Ord. No. 2016-05]
As used in this article, the following terms shall have the meanings indicated:
DELINQUENT
A parking ticket, warrant or summons that has not been answered by the required appearance date, or for which adjudged fines and applicable surcharges have not been paid.
IMMOBILIZE or IMMOBILIZATION
The act of placing on a parked motor vehicle a mechanical device known as a boot, designed to be attached to the wheel or tire or other part of such vehicle so as to prohibit its usual manner of movement.
POLICE DEPARTMENT
The East Rutherford Police Department and its members, agents, and officers employed by such department.
REMOVE or REMOVAL
The act of towing a parked motor vehicle, which shall be placed and stored in a location designated by the Police Department and shall be held until it is released or dispose of pursuant to applicable law.
VEHICLE(S) OF A SCOFFLAW or VEHICLES OF SCOFFLAWS
A vehicle or vehicles against which three or more tickets, warrants, summonses or fines for parking violations or any local law, or any combination thereof, which are returnable in the East Rutherford Municipal Court, have been issued, anyone of which is delinquent for 30 days or more or any other vehicles owned by a person, corporation or other concern who also owns a vehicle subject to immobilization or removal by virtue of this chapter.
A. 
In addition to any other authority, the Police Department, subject to the procedures in this article, is hereby authorized to cause the immobilization and removal of vehicles of scofflaws.
B. 
A vehicle subject to the provisions of Subsection A of this § 285-57 may be immobilized or removed, or both, by the Police Department or the Police Department's contractor at any place and at any time the Police Department may lawfully enforce traffic and parking laws or regulations.
C. 
The immobilization or removal of a vehicle under this article shall be at the expense and risk of the owner of such vehicle, who shall pay to the Borough the cost incurred for any such immobilization or removal prior to the release of the vehicle in accordance with § 285-59.
D. 
The immobilization or removal of a vehicle under this chapter shall not prevent a determination pursuant to other law that such vehicle was abandoned, provided that no application to release the vehicle has been made or that no administrative or judicial proceeding to determine the status of the vehicle is pending.
E. 
Nothing in this article shall impair the rights or remedies under other law of any owner or operator of any vehicle immobilized or removed.
F. 
Nothing in this article shall impair any other power or duty of the Police Department heretofore or in the future established by law.
A. 
When an immobilization device is used, the Police Department shall cause to be attached to the immobilized vehicle a notice containing the following information, in such form as directed by the Chief of Police or his/her designee:
(1) 
The location and identifying characteristics of the vehicle;
(2) 
The dates and time of placement of the devices and the signature of the installer of the device;
(3) 
Notice that further parking penalties will be waived while the vehicle is immobiliaced;
(4) 
Notice that any person tampering with the device or vehicle will be subject to criminal prosecution as provided in Subsection B of this section, as well as civil liability for any loss to the Borough of East Rutherford due to damage to or theft of the device;
(5) 
The steps that the owner must take to obtain release of the vehicle; and
(6) 
Such other information, statements, notices and warnings as the Police Department may from time to time determine.
B. 
Any person who tampers with, defaces, removes or destroys an immobilization device or moves by any means a vehicle immobilized as herein provided will be subject to prosecution to the full extent of the law.
A. 
Notice. Within two business days following the removal of a vehicle under this article, the Police Department shall send notification to the registered owner of such vehicle, by first-class mail to the address indicated on the vehicle's registration, of:
(1) 
The place to which such vehicle has been removed;
(2) 
The reason for the removal;
(3) 
The owner's ability to obtain the release of such vehicle upon payment of the outstanding fines to the East Rutherford Municipal Court and the immobilization or removal fees to the Police Department; and
(4) 
The owner's option to post a bond, as provided by § 285-59C, equal to the outstanding fines and immobilization or removal fees, for the release of the vehicle.
B. 
Prior to the release of a vehicle that has been immobilized or removed pursuant to this article, the owner, or a person authorized by the owner to obtain the release of such vehicle, shall furnish satisfactory evidence of his or her identity and ownership or authorization from the owner to obtain the release of such motor vehicle, and shall make payment to the Police Department for charges incurred in the immobilization or removal of such vehicle, and in the case of a vehicle, to the East Rutherford Municipal Court of all fines for delinquent parking tickets, warrants or summonses issued against such vehicle. Upon the presentation of such evidence of identity and ownership or authorization, and payment, the Police Department shall forthwith release the vehicle and provide a receipt to the owner or person authorized by the owner to obtain the release of such vehicle.
C. 
Any vehicle of a scofflaw immobilized or removed pursuant to this article may be released upon the posting of a cash or money order bond with the East Rutherford Municipal Court in the amount of the fines for delinquent parking tickets, warrants or summonses issued against such vehicle plus any charges incurred in the immobilization or removal of such vehicle. Upon an acquittal or dismissal of any underlying parking violation or violations, the court shall refund that portion of the bond corresponding to the amount of the penalty for such dismissed underlying parking violation or violations. In addition, the full amount of the bond shall be refunded if the Police Department determines that immobilization or removal should not have occurred pursuant to the provisions of this article. No bond will be refunded after one year after posting unless the time is extended by East Rutherford Municipal Court for administrative purposes or, in the discretion of such court, upon a request by the person posting the bond.
The Chief of Police shall develop procedures necessary to effectuate the purposes and provisions of this article, including but not limited to specifications for the manner and content of notice to the public concerning the operation of this article, the content of notice to the registered owner of a vehicle immobilized or removed under this article; the place of storage of such vehicles; the time and place such vehicles may be released; and the fees for immobilization or removal of a vehicle that shall compensate the Police Department and/or a contractor that performed such functions on the Police Department's behalf for such immobilization or removal, as well as the administrative costs of the vehicles of scofflaws removal program.