[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle 10-12-1970 by Ord. No.
1250 Ch. 112 of the 1975 Borough Code. Amendments
noted where applicable.]
[Amended 4-11-1979 by Ord. No. 1465]
No person shall abandon or permit the abandonment on public
property and streets or private property and driveways within the
boundaries of the Borough of Roselle of any motor vehicle owned by
him or under his control or in his possession at the time of abandonment
or, except as provided herein, cause any abandoned vehicle or vehicle
in a state of substantial disrepair to be stored in the open.
No person shall permit any abandoned motor vehicle to remain
on any property owned by him or in his possession or under his control,
or, except as provided herein, store or permit the storage in the
open of any abandoned vehicle or vehicles in a state of substantial
disrepair.
Any person who owns or has control of any premises and finds
a motor vehicle left on his property without his knowledge, acquiescence
or consent, where the owner of the said vehicle has failed or refused
to remove the same or the owner is unknown, shall promptly notify
the Chief of Police of the year, model and make of said vehicle and,
if known or ascertainable, the registration, license, serial number
and ownership thereof, with such further and additional information
as the Chief of Police may request to ascertain whether or not same
has been abandoned. The Chief of Police shall take such further and
additional steps as may be necessary to determine whether same is
an abandoned vehicle within the meaning of N.J.S.A. 39:10A-1ff, and
if the same is, shall proceed to take possession thereof and thereafter
dispose of the same pursuant to N.J.S.A. 39:10A-1ff, to the regulations
of the Division of Motor Vehicles and to any other provisions of law
pertinent thereto.
Where said motor vehicle is in such condition that it is no
longer self-propelled and by reason of the same is not a motor vehicle
within the jurisdiction of the Division of Motor Vehicles, then the
owner of the property or the person or persons having possession or
control thereof on which said motor vehicle has been abandoned shall
remove and dispose of same through a private contractor by private
means. Where the owner of the property or the persons having possession
or control thereof, after 10 days' written notice from the Chief
of Police or his duly authorized agent, has failed to remove said
motor vehicle, then the Chief of Police shall be authorized to arrange
for its prompt removal, but such action by the Chief of Police shall
not provide a defense or excuse to an owner or person having possession
or control of such premises for failure to comply with this section.
The owner or person or persons having possession or control of such
property shall pay and be jointly and severally liable for all costs,
including reasonable overhead charges, incurred by the Borough in
effecting such removal.
Any person owning or having possession or control of premises on which an abandoned motor vehicle shall be situate and who fails to remove said motor vehicle in accordance with the request made by the Chief of Police or his duly authorized agent pursuant to § 519-4 shall furnish by affidavit or otherwise all information relating to said vehicle required by any duly authorized agent of the Borough and shall permit access to his property by any duly authorized agent of the Borough for the purpose of examining or removing said vehicle.
No person shall store or permit the storage of a motor vehicle in a state of disrepair such that it is unsightly or incapable of locomotion under its own power where such storage is in the open and exposed to public view from the streets or adjoining property; provided, however, that motor vehicles in a temporary state of disrepair shall be permitted to remain for a period not exceeding 10 days, provided the same are not "abandoned vehicles" as defined in § 519-7. Nothing herein shall prohibit the storage of abandoned vehicles or vehicles in disrepair in junkyards permitted under the Zoning Ordinance and laws pertaining thereto[1] or in other designated tow-away areas approved by resolution
of the Borough Council.
As used in this chapter, the following terms shall have the
meanings indicated:
Any motor vehicle whose owner has terminated the use and
care of said motor vehicle and has left the same on open lands and
has either indicated by his words or actions an intent to leave the
same and no longer claim ownership thereof or left the same without
making arrangements for the storage with the owner or occupant of
the premises on which it is located, for a period of at least 48 hours.
[Amended 5-23-1979 by Ord. No. 1466]
Includes all vehicles designed to be propelled otherwise
than by muscular power, excepting such vehicles as run only upon rails
or tracks, and includes any part or parts of a motor vehicle and any
such vehicle whether or not the same by reason of its present condition
is still capable of self-propulsion.
[Amended 1-8-1975 by Ord.
No. 1338]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both.
