[Amended 5-9-2017 by Ord. No. MC 3602]
For the purpose of this article, the following words shall have the meanings ascribed to them as follows:
ABANDONED VEHICLE
Any vehicle that has not been moved for seven consecutive days or more and is apparently deserted.
ANTIQUE VEHICLE
Any vehicle 25 years of age or older.
HIGHWAY
Any street, alley or public way within the Township.
INOPERABLE VEHICLE
Any vehicle from which, for a period of at least seven days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power, or, if not equipped with an engine when manufactured, incapable of being moved.
PERSON
Any natural person, firm, partnership, association, corporation or other legal entity.
PRIVATE PROPERTY
Any real property within the Township which is privately owned and which is not public property as defined in this section.
PUBLIC PROPERTY
Any street or highway, which shall include the entire width between the boundary lines publicly maintained for the purposes of vehicular travel, and any other property or facility owned by a public entity.
TOWNSHIP
The Township of Irvington.
TRAILER
Every vehicle without motive power in operation designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. However, a trailer commonly referred to as a "fifth wheel" trailer is considered a trailer by this definition.
TRAVEL TRAILER
A trailer, not used commercially, designed to provide living quarters for recreational, camping, or travel use, and of a size or weight not requiring an over dimension permit when towed on a highway or Township street.
UNREGISTERED VEHICLE
Any vehicle which is not properly and currently registered with the State of New Jersey Motor Vehicle Commission.
VEHICLE
Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway or Township street or requiring a certificate of title under the statutes of the State of New Jersey, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.[1]
VEHICLE OWNER
A person who holds legal title to a vehicle, or in the event a vehicle is the subject of an agreement for conditional sale or lease thereof with the right of purchase upon the performance of the conditions stated in the agreement and with the immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of such vehicle is entitled to possession, then such conditional vendee, lessee or mortgagor shall be deemed the owner for the purposes of this chapter.
[1]
Editor's Note: See N.J.S.A. 39:3C-1 et seq.
The administration may find and declare that abandoned vehicles, inoperable vehicles and unregistered vehicles, whether located upon private property or upon public property, constitute a safety hazard and a public nuisance detrimental to the health, safety and welfare of the general public by harboring disease, providing breeding places for vermin, inviting plundering, creating fire hazards and presenting physical dangers to children and others, and by creating scenic blights which degrade the environment and adversely affect land values and the proper maintenance and continuing development of the Township.
[Added 7-14-2025 by Ord. No. MC 3907]
A. 
It shall be unlawful for any person, company or entity to perform any type of repair work; i.e., repair, service or dismantle, any type of motor vehicle, RV, boat, trailer or equipment on any public street, parking lot, vacant lot or vacant property in the Township of Irvington. It is further unlawful to wash, repair, service or dismantle any type of motor vehicle, RV, boat, trailer or equipment outside the confines of a building. All repair and body work shall be conducted in a fully enclosed building.
B. 
Definitions. As used in this section:
REPAIR WORK
Shall mean any nature of work upon such vehicles, including, but not being limited to, motor repairs, body repairs and greasing such vehicles, but such term, as used in this section, shall not include such emergency repair work as may be necessary to allow a damaged or stalled vehicle to be moved to a place other than a prohibited location in the Township of Irvington.
This article shall not apply to the following:
A. 
A vehicle which is kept within an enclosed building when not in use.
B. 
An operable antique vehicle properly and currently registered with the office of the New Jersey Secretary of State.
C. 
A vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles, or on the premises of a place of business engaged in the sale of new or used automobiles; provided, however, that the latter business does not store or display inoperable vehicles.
D. 
A vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations for a period of not more than seven days from the date the vehicle became inoperable.
No person shall accumulate, store or allow any unregistered vehicle to be located upon any public property or private property within the Township for a period exceeding seven days.
A. 
It shall be unlawful for any person to abandon a motor vehicle, omnibus, road tractor, trailer, truck, truck tractor, boat, motor home or other commercial vehicle on any vacant lot, unoccupied building, public street or highway; on any municipally owned or operated parking lot; on any property which is owned, leased or maintained by the Township; on any property which is owned, leased or maintained by the Board of Education; on any property which is owned, leased or maintained by the Library Board of Trustees; or on any property which is owned, leased or maintained by the Irvington Housing Authority.
B. 
Whenever any member of the Department of Public Safety finds or is notified of any motor vehicle, omnibus, road tractor, trailer, truck, truck tractor, boat, motor home or other commercial vehicle abandoned on any vacant lot, unoccupied building, public street or highway of the Township or on any public property described in this article, such member shall issue a motor vehicle summons to move or secure its removal to such garage or place as may be designated by the Director of Public Safety and/or his designee as a garage or place for the impounding of such vehicles, and such vehicle shall be retained and impounded until the person owning the same shall first pay the reasonable costs of the removal and storage which may result from such removal before regaining possession of the vehicle.
Covering, tarping, or storing an abandoned, inoperable or unregistered vehicle in an unenclosed building or structure will not be considered to resolve an abandoned, inoperable or unregistered vehicle as a public nuisance. Any abandoned, inoperable or unregistered vehicle belonging to an individual who is in the process of selling the vehicle will have 30 days from the date of receiving a notice from the Township.
Any person not exempted under § 620-80 shall dispose of any abandoned, inoperable or unregistered vehicle owned by him or her, and if the vehicle is located upon private property, the owner or person occupying the private property shall dispose of the abandoned, inoperable or unregistered vehicle as set forth in this chapter, upon written notice received from the Township commanding the disposition thereof.
A. 
If the abandoned, inoperable or unregistered vehicle displays registration plates or decals from which the last known vehicle owner may be determined in a reasonably expeditious manner, notice as set forth in this chapter shall be sent to the last registered vehicle owner, and if the vehicle is located upon private property, to the owner or occupant of the private property upon which the vehicle is located.
B. 
All notices provided by this section shall be sent by registered or certified mail, return receipt requested, postage prepaid. Notice to one vehicle owner will be considered notice to all vehicle owners and notice to one owner or occupant of private property will be considered notice to all owners and/or occupants of private property upon which the vehicle is located. Refusal to accept delivery of the notice shall be deemed acceptance for purposes of this section. The date of notice for purposes of this section shall be the day after the date such notice was deposited with the United States Postal Service. Notice may be personally served by a Township police officer or other law enforcement agent authorized by the Business Administrator upon the vehicle owner, or if the vehicle is located upon private property, upon an owner or an occupant of the private property above the age of 14 years, in which case the date of notice shall be the date of personal service.
C. 
If the vehicle is located upon public property, the notice will be substantially in the form set forth in this subsection:
NOTICE TO REMOVE VEHICLE FROM PUBLIC PROPERTY
TO: Name
Date
Address
A vehicle described as:
Make: ___________________
Year: ___________________
Color: ___________________
with registration plates number _____ (the vehicle) is registered in the name(s) of _____ with the State of _____. The vehicle is located at _____ outside of an enclosed building and is deemed to be an abandoned, inoperable or unregistered vehicle under Article XVII of the Township of Irvington Municipal Code (the Code). You are hereby notified that the vehicle must be removed, disposed of or placed in an enclosed building within seven days of the day after the date this notice was deposited with the United States Postal Service. If you fail to remove, dispose of, or place the vehicle in an enclosed building within the specified period, or within any extension granted by the Township Attorney, the Township may cause the towing or removal of the vehicle without further notice to you, and you may be charged with a violation of the Code and may be subject to penalties pursuant to Article XVII of the Township of Irvington Municipal Code. In addition, the costs of towing and storage, including court costs and reasonable attorneys fees, may be assessed against you.
D. 
If the vehicle is located upon private property, the notice shall be substantially in the form set forth in this subsection:
NOTICE TO REMOVE VEHICLE FROM PRIVATE PROPERTY
TO: Name
Date
Address
A vehicle described as:
Year: ___________________
Make: ___________________
Color: ___________________
with registration plates number _____ (the vehicle) is registered in the name(s) of _____ with the State of _____. The vehicle is located at _____ outside of an enclosed building and is deemed to be an abandoned, inoperable or unregistered vehicle under Article XVII of the Township of Irvington Municipal Code (the Code). You are hereby notified that the vehicle must be removed, disposed of or placed in an enclosed building within seven days of the day after the date this notice was deposited with the United States Postal Service. You may request a hearing on the matter of whether the above-described vehicle is an abandoned, inoperable or unregistered vehicle in violation of Article XVII of the Code by submitting a written request for such a hearing to the Township Attorney addressed as set forth below, within seven days of the day after the date this notice was deposited with the United States Postal Service. If you submit such a request for a hearing, a hearing date will be set and you will be advised of the time, date and place of such hearing at least three days in advance of the date of such hearing. The Township Attorney shall, upon good cause being shown, grant an extension of the hearing of not more than 30 days if you submit to the Township Attorney an affidavit that the vehicle is being held for sale or for expeditious repair as defined by Article XVII of the Code. To request a hearing, you must hand deliver or mail by certified mail, return receipt requested, a request for such a hearing in writing to the Township Attorney c/o, Township of Irvington, 1 Civic Square, Irvington, NJ 07111. If you fail to request a hearing within seven days of the day after the date this notice was deposited with the United States Postal Service and you do not remove, dispose of, or place the vehicle in an enclosed building within the specified period, or within any extension granted by the Township Attorney after a hearing, you may be charged with a violation of the Code and may be subject to penalties pursuant to the Township of Irvington Municipal Code. In addition, the costs of towing and storage, including court costs and reasonable attorney's fees may be assessed against you.
A. 
The person or persons to whom the notice as specified in § 620-84D is directed shall have the right to a hearing before the Township Attorney on the matter of whether the vehicle cited in such notice is an abandoned, inoperable or unregistered vehicle in violation of this chapter. To obtain such a hearing, a written request for such a hearing must be submitted by hand delivery or by certified mail, return receipt requested, addressed to the Township Attorney c/o, Township of Irvington, 1 Civic Square Irvington, New Jersey 07111 within seven days of the day after the date this notice was deposited with the United States Postal Service. In the event that a hearing is so requested, the Township Attorney shall, as soon as reasonably practicable, set a time, date and place for the hearing before the Township Attorney, and shall cause the person or persons so requesting the hearing to be provided with written notice of the time, date and place of the hearing at least three days in advance of the date of the hearing. Enforcement of this chapter shall be stayed pending the hearing and determination by the Township Attorney.
B. 
The owner of the vehicle, or the owner or occupant of the private property upon which the vehicle is located, may apply for an extension of time of the hearing by submitting to the Township Attorney an affidavit that the vehicle is being held for sale or expeditious repair. Upon receipt of any such application for an extension of time, the Township Attorney shall, upon good cause being shown, grant an extension of the hearing of not more than 30 days. As used in this section, "expeditious repair" means:
(1) 
The necessary parts for repair have been ordered but are not available for installation in the vehicle for reasons not within the control of the owner of the vehicle;
(2) 
The vehicle is scheduled to be repaired by a person whose regular course of business includes the repair of vehicles and the scheduled repair date is within 30 days; or
(3) 
The vehicle is in such condition of being inoperable as a result of a vehicular accident, and the owner of the vehicle or any third party to whom, or from whom, a claim for the damages sustained in such accident is anticipated, is investigating or preparing a claim for such damages.
A. 
Public property. In the event the notice provided for in § 620-84C is not complied with, the Township may cause the towing or removal of the abandoned, inoperable or unregistered vehicle from public property without further notice to the vehicle owner.
B. 
Private property. In the event the notice provided for in § 620-84D is not complied with, except as provided in Subsection B(1) of this section, a hearing maybe requested before the Township Attorney.
(1) 
In the event a request for a hearing before the Township Attorney is made as set forth in § 620-85, and the Township Attorney determines the vehicle is an abandoned, inoperable or unregistered vehicle, the Township Attorney shall set a reasonable date by which the vehicle shall be disposed of or enclosed within a building. The date shall be no less than seven days after the date of the hearing.
C. 
It shall be the responsibility of the vehicle owner, or the owner of the private property upon which the vehicle is located, if applicable, to deliver a written notice to the Township Attorney and to provide documentation and/or demonstration of operability of the vehicle and that the vehicle has been properly registered if the vehicle has been put into operable condition and/or registered with the State of New Jersey Motor Vehicle Commission following issuance of the notice described in § 620-84 hereof. In the event no such written notice and evidence of compliance herewith is received by the Business Administrator, it shall be presumed that the vehicle remains abandoned, inoperable or unregistered and the Township may immediately cause the towing or removal of the vehicle from public property.
D. 
Whenever a vehicle is towed or removed by a towing service pursuant to the provisions of this chapter, the owner of the vehicle and the owner or occupant of the property upon which the abandoned, inoperable or unregistered vehicle is located, if applicable, shall be jointly and severally responsible for all towing and storage charges.
E. 
Within 48 hours of the removal of the vehicle, the Township will send notice to the vehicle owner and any lienholder, if known, and to the owner or occupant of the private property from which the vehicle was removed, if applicable, that the vehicle has been impounded and stored for violation of this chapter. The notice shall give the location of the vehicle and the costs, if any, incurred by the Township for removal.
F. 
Any vehicle towed or removed pursuant to the provisions of this chapter will be stored and claimed or disposed of in accordance with the applicable provisions of the New Jersey Vehicle Code, as amended, entitled "Abandoned, Lost, Stolen or Unclaimed Vehicles"[1] which is incorporated in this chapter by reference.
[1]
Editor's Note: See N.J.S.A. 39:10A-1 et seq.
When a vehicle is authorized to be towed, the Township shall keep and maintain a record of the vehicle listing the color, year of manufacture, manufacturer's name, manufacturer's series name, body style, vehicle identification number and license plate year and number, if any, displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the Township official authorizing the tow.
The provisions and remedies of this article shall be in addition to any other provisions and remedies provided by this Code or the New Jersey Compiled Statutes.
A. 
Any person violating any of the provisions of this article will be subject to penalties pursuant to Chapter 604, Towing, effective date October 5, 2015, of this Code. If the Township incurs expenses, including reasonable attorneys' fees, in enforcing this article, the vehicle owner and the owner or occupant of private property notified as set forth in § 620-84 will be jointly and severally responsible for the expenses.
B. 
Each day that any person or corporation shall continue to keep, maintain, park, store, place or abandon such vehicle, machinery or mechanical equipment upon such premises after the time contained in the aforesaid notice shall expire shall be deemed to be a separate offense and violation of this article.
C. 
Any person who violates the provisions of this article shall, upon conviction thereof, be subject to the following: A fine not exceeding $100 a day but with a total fine not to exceed a maximum of $1,000 for such vehicle, machinery or mechanical equipment not removed after aforesaid notice expired, in addition to the cost of the tow/removal of the vehicle, machinery or mechanical equipment and any additional fees the Township incurred due to the removal/tow of the vehicle, machinery or mechanical equipment.