[HISTORY: Adopted by the Board of Commissioners (now Mayor and Council)
of the Borough of Bradley Beach 6-8-1965 (Sec. 4-6 of the
1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Towing — See Ch. 423.
[Amended 3-11-1975]
As used in this chapter, the following terms shall have the meanings
indicated:
The meanings given them in N.J.S.A. 39:1-1 et seq.
With respect to public streets and public property, the term "abandon"
shall mean and include any motor vehicle, omnibus, road tractor, trailer,
truck, truck tractor and vehicle which:
Is parked without the current year's registration or identification
markers as required by law; or
Has been continuously parked for a period of 48 hours; or
Is so disabled as to constitute an obstruction to traffic and the driver
or person owning or having charge thereof neglects or refuses to move the
same to a place where it will not obstruct traffic; or
Is found to be mechanically inoperative; or
Is found without one or more tires.
With respect to private property, the term "abandon" shall mean and
include any motor vehicle, omnibus, road tractor, trailer, truck, truck tractor
and vehicle which:
Is parked out of doors without the current year's registration or identification
markers as required by law for a period of 30 days; or
Is parked out of doors and found to be mechanically defective for a
period of 30 days; or
Is parked out of doors and found without one or more tires for a period
of 30 days.
A.
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 of the Borough, on any municipally owned or operated
parking lot, on any property which is owned, leased or maintained by the Borough
Board of Education, or on any private property.
B.
It shall be unlawful for any person to permit, allow
or condone the abandonment of a motor vehicle, omnibus, road tractor, trailer,
truck, truck tractor, or vehicle on any property owned or controlled by such
person within the Borough.
Whenever any member of the Police Department determines that any motor
vehicle, omnibus, road tractor, trailer, truck, truck tractor or vehicle has
been abandoned anywhere within the Borough, the Police Department may take
possession by removing or securing its removal to such place as may be designated
by the Chief of Police or by securely placing a written notice on the motor
vehicle, omnibus, road tractor, trailer, truck, truck tractor or vehicle which
states that the Police Department has taken possession and that the motor
vehicle, omnibus, road tractor, trailer, truck, truck tractor or vehicle shall
be removed from the place where it is located. The taking of possession shall
be reported immediately to the State Director of the Division of Motor Vehicles
on a form prescribed by him for verification of ownership. When such motor
vehicle, omnibus, road tractor, trailer, truck, truck tractor or vehicle has
been removed to a garage or place designated by the Chief of Police and has
remained unclaimed by the owner or other person having a legal right thereto
for a period of 30 days, the same may be sold at auction at a public place.
When possession has been taken by placing a written notice on the motor vehicle,
omnibus, road tractor, trailer, truck, truck tractor or vehicle, and it has
remained unmoved from its location for a period of 30 days, the same may be
sold at auction in a public place. The Borough Police Department shall give
notice of same by certified mail to the owner, if his name and address is
known, and to the holder of any security interest filed with the Director
of the Division of Motor Vehicles by one insertion at least five days before
the date of the sale in one or more newspapers published in this state and
circulating in the Borough.
At any time prior to the sale, the owner or other person entitled thereto
may reclaim possession of the motor vehicle, omnibus, road tractor, trailer,
truck, truck tractor or vehicle upon payment of the reasonable costs of removal
and storage of the same; provided, however, that any unpaid fine, penalty
or court costs assessed against him for a violation shall give rise to the
seizure or taking possession of the vehicle.
If the Police Department certifies, in its report and taking possession
of any motor vehicle, omnibus, road tractor, trailer, truck, truck tractor
or vehicle under this chapter to the Director that the same is incapable of
being operated safely or of being put in safe operational condition, except
at a cost in excess of its value, the Division shall without further certification
or verification issue to the Borough for a fee of $2 or such other fee as
shall be prescribed by the regulations of the Division of Motor Vehicles or
any statute of the state, a junk title certificate which shall be assigned
and delivered to the purchaser of the vehicle at a public sale.
A.
Upon the sale of any motor vehicle, omnibus, road tractor,
trailer, truck, truck tractor or vehicle for which no junk certificate has
been issued, the Borough 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. Such application
shall be accepted by the Director of Motor Vehicles for issuance of a certificate
of ownership for a fee of $2 or such other fee as may be provided by the regulations
of the Division of Motor Vehicles or any statute of the state.
B.
Upon the sale of the motor vehicle, omnibus, road tractor,
trailer, truck, truck tractor or vehicle, all claims or interest therein shall
be forever barred and the proceeds realized therefrom after payment of the
expenses of possession and sale shall be remitted to the treasury of the Borough
as its sole property.
[Amended 8-14-1990[1]]
Any person, firm, or corporation who violates or neglects to comply with any provision of § 430-2 shall be punishable, upon conviction thereof, by a minimum fine of $100 and a maximum penalty as set forth in Chapter 1, Article II, General Penalty. Additionally, one who is found to have violated § 430-2 shall be responsible to pay restitution to the Borough of Bradley Beach for all direct and incidental costs and expenses incurred by the Borough of Bradley Beach as a result of said violation.
