[HISTORY: Adopted by the Township Committee of the Township
of Bordentown as Ch. 12.28 of the 2003 Municipal Code. Amendments
noted where applicable.]
No person shall leave or suffer to be left any vehicle, bicycle,
cart, wagon, box, barrel, bale of merchandise or other movable property
either owned thereby or in possession thereof, custody or control,
upon any street, sidewalk or other public place in the Township; provided,
that this section shall not apply to materials lawfully placed at
the curbs or sides of streets for collection by the garbage or rubbish
removers. Any vehicle in a nonoperative condition left upon any street,
sidewalk, or other public place for 48 hours shall be presumed to
be abandoned.
The Chief of Police shall remove or cause to be removed any
such property found upon any street, sidewalk or other public place
and shall take same or cause same to be taken to property or premises
of the Township or other such property or premises as shall be designated
by the Committee, where same shall be held until redeemed or sold
as hereinafter provided.
Whenever the Chief of Police shall receive any property containing
identification of ownership or right of possession, a notice shall
be sent by ordinary mail to such person advising that such property
is being held by the Chief of Police and of the amount of the payment
necessary to redeem such property, as provided herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Such property may be redeemed by the owner thereof at any time
prior to the sale, dismantling, destruction or disposal of the property,
and the owner shall be entitled to receive such property. If the property
has been advertised for sale, the person seeking to redeem such property
shall be required to pay the cost of such advertisement. These costs
and any other fees for redemption of impounded property or costs of
sale chargeable to an owner or person entitled to possession of impounded
property are in addition to any other penalty provided for violations
of this chapter. No property shall be delivered to the person seeking
to redeem it unless proof is submitted establishing to the satisfaction
of the Chief of Police such person's ownership or right to possession.
Any delivery to a person apparently entitled thereto shall be a good
defense to the Township against the claim of any person alleging to
be entitled thereto, but if the person to whom delivery is made is
in fact not entitled thereto, the person to whom the same ought to
have been delivered may recover the same, with interest and costs,
from the person to whom the same shall have been delivered.
When any such property remains in the custody of the Chief of
Police for a period of six months, or three months in the case of
a motor vehicle, after removal and with respect to which no person
has presented to the Chief of Police proof establishing to the satisfaction
of the Chief of Police such person's ownership or right to possession
as hereinabove stated, the Township Committee shall by resolution
give public notice in the official newspaper of the Township advising
that at a specified time and place, not less than 10 days after such
notice is published, such property will be sold at a public auction.
A general description of the property to be sold shall be included
in the notice. The auction shall be conducted by the Chief of Police
or by any employee designated thereby or by an auctioneer designated
thereby. Perishable items may be sold without regard to the periods
of time.
In the event the property shall remain unsold at public auction,
the Chief of Police may re-offer said property for sale at a subsequent
auction pursuant to the provisions of this chapter or the Chief of
Police may dismantle, destroy or otherwise sell or dispose of the
property. Any such sale or other disposition of such property pursuant
to the provisions of this section shall be without liability on the
part of the Township to the owner of such property or other persons
lawfully entitled thereto or having an interest therein.
Immediately after property is redeemed, the Chief of Police
shall pay over to the Treasurer of the Township the amount received
for redemption, including all costs and expenses of the article charged
upon redemption, together with an itemized statement thereof. Immediately
after a sale or other disposition of such property, the Chief of Police
shall pay over to the Treasurer the proceeds of the sale or other
disposition of such property, with an itemized statement describing
the article sold and showing the price received and the costs and
expenses of sale, removal and storage. The Treasurer shall apply the
proceeds to cover the costs and expenses of sale, removal and storage.
The remainder of the moneys realized from such sale shall be paid,
without interest, to the lawful owner thereof. If the lawful owner
of the property cannot be ascertained after diligent effort, the remaining
proceeds shall be paid into the police pension fund, if any; otherwise,
into the general municipal treasury.
