[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury 7-14-1969
by Ord. No. 272 (Ch. 88 of the 1973 Code). Amendments noted
where applicable.]
[Amended 7-7-2003 by Ord. No. 808]
As used in this chapter, the following terms shall have the meanings
indicated:
One which is parked in any of the places mentioned in § 250-2 of this chapter and is any one of the following:
Parked without the current year's registration or identification markers
as required by law, or is not being used for transportation.
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.
Found to be mechanically inoperative.
Found without one or more tires.
Have the meanings stated and as defined in N.J.S.A. 39:1-1 et seq.
of the Revised Statutes of the State of New Jersey.
It shall be unlawful for any person to abandon a motor vehicle, omnibus,
road tractor, trailer, truck, truck tractor or vehicle on any public street
or highway in the Borough of Shrewsbury, on any municipally owned or operated
parking lot, or any property which is owned, leased or maintained by the Borough
of Shrewsbury or Borough of Shrewsbury Board of Education, or any private
property in the Borough of Shrewsbury; provided, however, that nothing contained
herein shall be determined to prohibit the placing, keeping, storing or abandonment
of any such motor vehicles in a garage or other building in the Borough or
on the lands and premises of a licensed new or used automobile dealer or licensed
service station operator. However, said licensed service station operator
cannot allow any motor vehicle or motor vehicles to be parked on his land
and premises without repairs having been completed and the vehicles being
removed for a period exceeding 30 days.
Whenever it shall appear to the Code Enforcement Official and/or any member of the Police Department of the Borough of Shrewsbury (who shall hereinafter be referred to as the "officer") that § 250-2 of this chapter is being violated:
A.
The officer shall determine whether the violation constitutes
a traffic hazard; and, if so, he shall forthwith move it or cause it to be
moved to a nonhazardous location.
B.
If the location of the vehicle does not create a traffic hazard or if the vehicle has been removed by the direction of the officer to a nonhazardous location, the officer shall first ascertain, if he can, who is the owner of the vehicle, and shall, in writing, notify such owner to abate the violation forthwith and in all events within five days after the service of the notice upon him, which notice shall be given as required under § 250-6A for the service of notice, and if such violation shall be upon private property, then the owner of the said private property shall be given notice in the same manner.
If the vehicle causing the violation constitutes or may constitute a
traffic hazard and it cannot be moved to a nonhazardous location, or if the
name and address of the owner of the vehicle cannot be ascertained or if the
violation be not abated within the time required by the notice given under
the foregoing, the officer shall:
A.
Determine whether the vehicle has a value in excess of
the cost of removing it and storing it until time of sale, pursuant to N.J.S.A.
39:10A-1.
B.
Unless the vehicle appears to have a value clearly in
excess of such cost, he shall arrange, if he can, for the removal of it by
someone who will undertake that removal without cost to the Borough, but otherwise
he shall arrange for that removal at the expense of the Borough to an authorized
dump.
C.
If the vehicle appears to have a value clearly in excess
of said cost, he shall remove it or cause it to be removed at the expense
of the Borough to a storage area.
If any vehicle impounded by the officer shall remain in his custody
after 30 days after notice of the impounding has been given to said owner,
the owner's right to reclaim it by paying the costs of removal and interim
storage charges shall be deemed to have been forfeited by the owner, and the
governing body shall sell and dispose of it as provided in N.J.S.A. 39:10A-1.
A.
Notice required under § 250-3B shall be served upon such owner, if he resides in the Borough, personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years; but if any such owner shall reside outside the Borough or the state, the notice shall be served upon him by registered mail, addressed to him at his usual residence, if ascertainable, otherwise by notice published once in the legal newspaper of the Borough. The notice shall be likewise served upon the holder of any security interest in the vehicle in the same manner.
At any time prior to sale, the owner or other person entitled thereto
may reclaim possession of the vehicle upon payment of the reasonable cost
of removal and storage of the vehicle and any fine or penalty and court costs
assessed against him for a violation which gave rise to the seizing or taking
possession of such vehicle, pursuant to N.J.S.A. 39:10A-2.
If the Borough of Shrewsbury takes possession of a motor vehicle pursuant
to N.J.S.A. 39:10A-3, it shall, in its report thereof to the Director of Motor
Vehicles, certify on an application prescribed by him that such vehicle is
incapable of being operated safely or of being put in safe operational condition,
except at a cost in excess of the value thereof, and the Division of Motor
Vehicles shall, without further certification or verification, issue to the
Borough, for a fee of $2, a junk title certificate thereto, with proper assignment
thereon, which shall be assigned and delivered to the purchaser of the vehicle
at public sale.
Upon the sale of any vehicle for which no junk title certificate shall
have been issued, the Borough of Shrewsbury shall execute and deliver to the
purchaser an application for certificate of ownership prescribed by the Director
of Motor Vehicles in the same form and manner as provided in N.J.S.A. 39:10-15,
which shall also contain the name and address, if known, of the former owner.
Upon the sale of the vehicle pursuant to the provisions of this chapter,
all claims of interest therein shall be forever barred, and the proceeds realized
therefrom after payment of the expense of possession and sale shall be remitted
to the Borough as its sole property.
[Amended 9-27-1973 by Ord. No. 346]
Anyone violating any provision of this chapter who, upon notice under
the provisions of this chapter, fails to abate such violation within five
days of said notice, may, on the complaint of the officer and subsequent conviction,
be subject to a fine of not less than $50 nor more than $1,250, a term of
imprisonment not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof.
