[HISTORY: 1984 Code §§ 162-1—162-6 and §§ 162-7—162-9 added 4-9-97 by Ord. No.07-1997, as amended through December 31, 2017. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any real property within the city which is not a street or highway.
- STREET OR HIGHWAY
- The entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.
- A machine propelled by power, other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and to transport persons or property or pull machinery; and includes, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked or discarded vehicle to remain on the property longer than 48 hours, and no person shall leave any such vehicle on any property within the city for a longer time than 48 hours, except that this section shall not apply to a vehicle in an enclosed building.
Vehicles on the premises on an existing business enterprise operated in a lawful place and manner, when necessary to its operation for the purpose of a vehicle service station, motor vehicle or auto body garage, shall be limited to the number of vehicles kept and/or stored overnight, out of doors on the premises as follows:
No more than 10 vehicles shall be permitted to be kept and/or stored overnight in an out-of-doors unfenced area at any one time, except that vehicles without current motor vehicle registration, partially dismantled vehicles and vehicles with exterior damage shall not be permitted to be kept and/or stored in an unfenced area at any time.
A vehicle on the premises for a period in excess of the 10 days permitted in Subsection A above, a vehicle without current motor vehicle registration, partially dismantled vehicles and vehicles with exterior damage may be stored on the premises for a period not to exceed 90 days only when kept and/or stored in an area on the premises completely surrounded by a fence. The fence shall be at least five feet in height, provided with a gate or gates and aisles for ingress and egress.
Each vehicle received, where out-of-doors, overnight storage is contemplated, shall be logged in as to the date received and identification of the vehicle. A service tag on each vehicle containing such information shall satisfy this requirement.
This chapter shall not apply to lawfully licensed junkyards or to motor vehicles located or stored in garages or other buildings.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be liable to a fine of not more than $500 or imprisonment for a term of not more than 90 days, or both, in the discretion of the Judge.
The imposition of a penalty or penalties for any violation of this chapter shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations within a reasonable time. If said violations are not corrected or remedied within a reasonable time, then each 10 days thereafter that the prohibited conditions are maintained shall constitute a separate offense hereunder. Such reasonable time shall be defined by the Municipal Court Judge.
[Ord. No. 07-1997]
- Includes any motor vehicle which:
- (1) Is parked without the current year's registration or identification markers as required by law.
- (2) Has been continuously parked in any of the places mentioned in this chapter for a period of (48) forty-eight hours.
- (3) Is so disabled as to continue an obstruction to traffic and the driver or owner thereof neglects or refuses to move the same to a place where it will not obstruct traffic.
- (4) Is found to be mechanically inoperative.
- (5) Is found without one or more tires.
- MOTOR VEHICLE
- Includes any automobile, omnibus, road tractor, trailer, truck, truck tractor and vehicle as defined in N.J.S.A. 39:1-1, et seq.
Whenever any member of the Police Department of the City of South Amboy finds any motor vehicle abandoned on any public street or highway of the City or any property which is owned, leased or maintained by the Board of Education of the City of South Amboy, such member of the Police Department shall move or secure its removal to such garage or place as may be designated by the Chief of Police of the City as a garage or place for the impounding of such vehicles shall be retained and impounded until the person owning the same shall first pay the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle.
When the Chief of Police, or some member of the Police Department acting for him, shall have taken possession of a motor vehicle found abandoned, such taking of possession shall be reported immediately to:
The Chief Administrator of the Motor Vehicle Commission on a form prescribed by the administrator, for verification of ownership, and
The National Insurance Crime Bureau.
Upon receipt of verification of ownership of the vehicle from the administrator, the Chief of Police shall within three business days provide notice of possession of the vehicle to the owner of record and the holder of any security interest filed with the administrator by telephone, mail, facsimile or electronically. The Chief of Police may assess the person claiming the vehicle, be it the owner of record or the holder of any security interest, for the actual costs of providing the notice required under this paragraph.
The Chief of Police shall also within three business days notify the person storing the abandoned motor vehicle. The notice shall be given in the same manner as in the case of notification of the owner of record and the security interest holder and shall include the name and address of the owner of record and the holder of any security interest in the stored motor vehicle.
Upon receipt of the notice required by subsection B(4), the person storing the abandoned motor vehicle shall provide notice to the owner of record and to any security interest holder.
The notice shall be by first class mail, with a certificate of mailing, and shall include a schedule of the costs imposed for storing the motor vehicle and instructions explaining how the owner of record or the security interest holder may claim the stored motor vehicle.
Except as provided in subsection B(5)(c), if the person storing the motor vehicle fails to provide this notice to the owner of record and to the security interest holder within 30 days of the date on which the storer of the vehicle received the notice required under subsection B(4) from the Chief of Police, the maximum amount that person may charge the owner of record or the security interest holder for storing that motor vehicle shall be $750, provided that the owner of record or security interest holder submits a proper claim for the vehicle not later than the 30th day following the date the notice is delivered from the Chief of Police to the person storing the motor vehicle.
When a vehicle is abandoned due to the death or incapacitation of the driver or any passenger, the person storing the vehicle shall charge the owner of record or the security interest holder no more than $100 for the first 72 hours after the vehicle is placed on the premises.
If the owner of record or security interest holder fails to submit a proper claim for the vehicle on or before that 30th day, the person storing the motor vehicle may charge the security interest holder reasonable costs for the removal and storage of the motor vehicle. If the notice is properly provided by the person storing the motor vehicle, that person may charge the owner of record or the security interest holder reasonable costs for the removal and storage of the motor vehicle from the date the person removed and stored the motor vehicle.
The City may assess the person storing the abandoned motor vehicle, and the person storing the abandoned motor vehicle may assess the security interest holder, for the actual costs of providing the notices required under subsections B(4) and B(5).
When such motor vehicle which has been ascertained not to be stolen and to be one which can be certified for a junk title certificate under section 3 of P.L.1964, c. 81 (N.J.S.A. 39:10A-3) shall have remained unclaimed by the owner or other person having a legal right thereto for a period of 15 business days, even if at that time the owner has not been identified as a result of efforts to make identification by the Chief of Police or the Motor Vehicle Commission, the same may be sold at auction in a public place.
If the certified motor vehicle is sold at auction prior to identification of the owner, the Police Chief shall document the condition of the motor vehicle in writing and with photographs prior to the sale; document the amount obtained from the sale of the motor vehicle; and notify the owner, if his name and address are identified after the sale, of the actions taken by the City to dispose of the motor vehicle. (N.J.S.A. 39:10A-1)
Whenever any vehicle impounded by the Police Department shall remain unclaimed for a period of 20 days, the vehicle shall be sold under the direction of the Chief of Police at public auction to the highest bidder. Such sale must take place not later than 90 business days after impoundment.
Such auction shall take place only after the following procedures have been followed:
Notice of said sale is given to the owner and to the holder of any security interest filed with the Chief Administrator of the Motor Vehicle Commission, by certified mail, to the address listed with the Chief Administrator of the Motor Vehicle Commission, and by one publication in one newspaper circulating in the City of South Amboy, at least five days prior to the date of the sale.