[HISTORY: Adopted by the Borough of Rutherford
Council 6-5-1979 by Ord. No. 2259-79; amended in its entirety 9-11-2018 by Ord. No. 3474-18. Subsequent amendments
noted where applicable.]
It is hereby determined and declared that the abandonment or
storage out of doors of any motor vehicle not currently in use for
transportation and not currently licensed or registered, on any public
streets or on any private lands within the Borough of Rutherford,
is contrary and inimical to the public welfare in that such vehicles
so abandoned or stored attract or may attract persons of tender years
who, being so attracted, may play in and about them and be injured
in so doing, and in that such vehicles so abandoned or stored out
of doors, exposed to the elements, deteriorate and in themselves are
unsightly and, deteriorating, become more unsightly and are detrimental
to and depreciate the value of properties in the neighborhood where
they are located and in the Borough as a whole.
A.
ABANDONED VEHICLE
(1)
(2)
(3)
(4)
JUNK AUTOMOBILE or JUNK AUTOMOBILE BODY
PERSON
POLICE DEPARTMENT
PRIVATE PROPERTY
PUBLIC PROPERTY
VEHICLE
The following terms, phrases and words used in and for the purpose
of this chapter shall be deemed to have the following meanings:
Any vehicle as defined in this section which:
Has been continuously parked in any public street or on any
public land for a period of five days;
Is so disabled as to constitute an obstruction to traffic, and
the driver or person owning or in charge thereof neglects or refuses
to move the same to a place where it will not obstruct traffic;
Is so in need of repair as to render the same incapable of being readily operated under its own power and is allowed to remain in such condition for a period of five days, except where such storage is specifically authorized by Chapter 131, Zoning, of the Code of the Borough of Rutherford; or
Is found without one or more tires.
Any vehicle as defined in this section which is no longer
in actual use as a motor vehicle, or which is wholly unfit, without
rebuilding or reconditioning for use in highway transportation, or
which has been discarded for use as a motor vehicle or otherwise abandoned.
Any individual, firm, partnership, association, corporation,
company, organization or entity of any kind, being the owner of such
vehicle, or owner of the property on which the vehicle is located,
or having any legal right in, of or to the motor vehicle or other
vehicle as herein defined.
The Police Department of the Borough of Rutherford.
Includes all nonpublic residential and commercial real property
within the Borough of Rutherford, including residential lots, multifamily
dwellings, condominiums and townhouses, retail establishments, office
buildings and commercial/industrial buildings.
All property devoted to public use, including public roads,
rights-of-way and property whereon public buildings are erected.
With respect to private property, the term "vehicle" shall
be defined to mean passenger automobiles, motorcycles, and commercial
automobiles, as defined in the Motor Vehicles and Traffic Regulations
of the State of New Jersey, N.J.S.A. 39:1-1 et seq. "Vehicle" shall
also include all parts, tools, tires and other vehicle accessories
and equipment. With respect to public property, the term "vehicle"
shall be defined to mean every device in, upon or by which a person
or property is or may be transported upon a highway, including trailers,
as these terms are defined in the Motor Vehicles and Traffic Regulations
of the State of New Jersey, N.J.S.A. 39:1-1 et seq.
B.
As used in this chapter, the terms "motor vehicle," "omnibus," "road
tractor," "trailer," "truck," and "truck-tractor" are intended to
have the meanings stated and defined in N.J.S.A. 39:1-1 et seq.
A.
No person shall park, abandon, leave, keep or otherwise store any
vehicle on private property in the Borough of Rutherford, for a period
of more than 30 days, except in an enclosed garage, barn or other
building.
B.
No person shall park, store, abandon or otherwise keep any motor
vehicle on public lands, except as expressly permitted by parking
regulations or as authorized by an officer of the Rutherford Police
Department.
C.
Any owner of a property located within the Borough of Rutherford
who allows or causes an abandoned vehicle to remain on his/her property
in violation of this chapter shall be subject to the same fines and
penalties as the owner of said vehicle, as set forth below.
No person shall place, keep or store any junk automobile or
junk automobile body, as heretofore defined in this chapter, on any
public or private property within the Borough of Rutherford, unless
same is in an enclosed garage, barn or other building.
A.
The prohibition on the on the outdoor storage of vehicles on private property, as set forth in § 125-3A, shall be subject to the following exceptions:
(1)
Vehicles
that have a current registration and display proper license plates
such as to be operable on the public highways in the State of New
Jersey.
(2)
Vehicles
stored in an enclosed garage, barn or other building.
(3)
Vehicles
properly registered as historic vehicles pursuant to the rules and
regulations of the New Jersey Division of Motor Vehicles.
B.
New or used automobile dealers that are licensed by the State of
New Jersey for the purpose of displaying vehicles for sale to the
general public and have received zoning approval will be exempt from
this chapter as long as they hold a current dealer's license and do
not retain vehicles on their lot that are not salable vehicles.
C.
Licensed service stations (repair garages) and auto body repair shops will also be exempt from the provisions of this chapter as long as they are licensed by the State of New Jersey for the type of business they are conducting and have received zoning approval for the area where they are operating, and parking on the site is limited to those vehicles of employees, those vehicles which are involved in repairs or servicing at the station and those commercial vehicles accessory and necessary to the operation of the service station per § 131-34G of the Borough Code. No other parking shall be permitted, nor shall parking be permitted on unpaved areas, per § 131-34G of the Borough Code. Such service stations and shops shall maintain a neat and orderly lot and limit the number of vehicles that are being kept on the lot for repairs according to the size of the available space.
A.
Whenever any officer of the Police Department of the Borough of Rutherford finds any vehicle, as defined in § 125-2, which has been abandoned, kept or stored contrary to the provisions of this chapter on any public property, such member of the Police Department shall remove same or secure the removal of the vehicle to a storage place designated by the Mayor and Council of the Borough of Rutherford. Such vehicle shall first be retained in impoundment until the person owning the same shall first pay the reasonable cost of the removal and storage which may result from such removal before regaining possession of the vehicle. The abandonment of any vehicle shall be without liability to the Borough of Rutherford.
B.
Whenever any vehicle is impounded as provided in this section, the
Chief of Police or some member of the Police Department acting for
him or her shall, within five days of the date of the impoundment,
notify the registered owner in writing by registered mail at the last
known address of the owner of the removal of such vehicle, the reason
for its removal and the location of the vehicle.
Whenever any vehicle impounded by the Police Department shall
remain unclaimed by the owner or person entitled thereto for a period
of 90 days, or if the cost of removal, storage, fine and/or court
costs remain unpaid, the Chief of Police may cause the vehicle to
be sold or disposed of, as provided by N.J.S.A. 39:10A-1 et seq. The
address of the owner as shown on the records of the State Division
of Motor Vehicles shall be deemed sufficient for the purpose of this
chapter.
Whenever a violation of this chapter occurs on Borough property
or any public roads or rights-of-way within the Borough of Rutherford,
enforcement of this chapter shall be exclusively by the Rutherford
Police Department, in accordance with the following standards:
A.
If a vehicle constitutes or may constitute a traffic hazard to the
public, it may be removed by a licensed towing operator to the place
of business of the tow operator until the owner shall come to claim
it.
B.
If a vehicle is parked on public property due to it becoming mechanically
disabled during operation, the owner/operator shall be afforded a
reasonable opportunity to arrange for its removal by a towing service
of the owner's choice, provided the owner timely alerts the Rutherford
Police Department when the vehicle becomes inoperable, and the same
is not creating a hazard.
C.
The owner or person entitled to possession of any vehicle removed
from public property shall be responsible for all reasonable costs
of removal and storage in conjunction with recovering possession of
the vehicle.
D.
Enforcement as set forth in this section with respect to violations
on public property shall be in addition to the authority of the Police
Department to issue summonses for any applicable violations of the
motor vehicle laws of the State of New Jersey.
Whenever a violation of this chapter occurs on private property
within the Borough of Rutherford, enforcement of this chapter shall
be by the Zoning Officer and/or the Construction Code Official.
A.
Any person who shall violate any provision of the restrictions on
the parking and storage of vehicles on public or private property,
as set forth in this chapter, shall, upon conviction thereof, be subject
to the following penalties:
[Amended 7-26-2021 by Ord. No. 3570-21]
B.
Any owner of a property located within the Borough of Rutherford
who allows or causes an abandoned vehicle to remain on his/her property
in violation of this chapter shall be subject to the same fines and
penalties as the owner of said vehicle as set forth above.
C.
The imposition of a penalty or penalties for any violation shall
not excuse or be deemed to permit to continue, and all such persons
convicted shall be required to correct or remedy, such violations
within a reasonable time. If said violations are not corrected within
10 days following conviction, the prohibited condition shall be deemed
a separate offense hereunder.
A continuance of a violation or a noncompliance with the provisions
of this chapter shall be deemed a nuisance, and the Mayor and Council
of the Borough of Rutherford shall have the right to apply to the
courts of this state for injunctive relief or other relief, in addition
to the penalties imposed herein.
This chapter shall not be deemed to limit any other remedy or
enforcement of remedy provided by state statute or local ordinance.
If any section, subsection, sentence, clause, phrase or portion of
this chapter is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
