[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as Sec. 3-3 of the 1988 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any motor vehicle, omnibus, road tractor, trailer, truck,
truck-trailer or other vehicle as contained and defined in N.J.S.A.
39:1-1 et seq. which:[Amended 6-18-2019 by Ord. No. 1787]
- A. Is parked without the current year's registration or identification markers as required by law;
- B. Has been continuously parked in any public street or on any public land for a period of seven days;
- C. 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 shall not obstruct traffic;
- D. Is found to be mechanically inoperative and is allowed to remain inoperative for a period of seven days (period of time may be extended, for good cause, by the Police Department);
- E. Is found without one or more tires; or
- F. Police-initiated towed vehicles not claimed within 30 days.
- IMPOUND or IMPOUNDMENT
- The sequestration of a motor vehicle, junk automobile or junk automobile body at a place of storage.
- JUNK AUTOMOBILE or JUNK AUTOMOBILE BODY
- Any automobile 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.
- MOTOR VEHICLE
- Any motor vehicle, omnibus, road tractor, trailer, truck, truck-tractor or other vehicle, and shall have the meaning ascribed to the foregoing words as contained and defined in N.J.S.A. 39:1-1 et seq.
- Any individual, firm, partnership or corporation being the owner of, or having any legal right in or to, a motor vehicle or other vehicle as herein defined.
- PLACE OF STORAGE
- A junkyard or other approved storage area, but any such junkyard or other storage area is subject to any and all provisions contained in this chapter, specifically § 461-2B hereof, and any and all other ordinances of the Borough.
- POLICE DEPARTMENT
- The Police Department of the Borough.
Abandonment prohibited. It shall be unlawful for any person to abandon or suffer or permit the abandoning of any motor vehicle, junk automobile or junk automobile body out of doors upon any public or private lands in the Borough or on any public street or between the right-of-way lines of any public right-of-way therein.
Storage prohibition. 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.
Presumption. If any motor vehicle, junk automobile or junk automobile body shall be abandoned on private lands for seven days or more, it shall be presumed that the owner or tenant in possession of the land has abandoned it there or permitted or suffered it to be abandoned there.
Exclusion. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any motor vehicle, junk automobile or junk automobile body in a totally enclosed garage, barn or other building.
Impounding vehicles. Whenever the Ordinance Enforcement Officer of the Borough finds any motor vehicle, junk automobile or junk automobile body which has been abandoned, kept or stored contrary to the provisions of this chapter, such Enforcement Officer shall remove, secure the removal of and/or impound the motor vehicle, junk automobile or junk automobile body in accordance with the procedures hereinafter set forth:
Public property regulations. Whenever any motor vehicle, junk automobile or junk automobile body is found on any public street or public property, an emergency condition is herewith declared to exist and the Ordinance Enforcement Officer is hereby authorized to immediately remove, secure the removal of and/or impound the motor vehicle, junk automobile or junk automobile body without the necessity of notice prior to the impoundment. After impoundment, the Borough Police Department shall use diligent efforts to identify and locate the owner of the impounded motor vehicle, junk automobile or junk automobile body and notify the owner in accordance with Subsection A(3) below.
Private lands regulations. Whenever any motor vehicle, junk automobile or junk automobile body is found on any private land in violation of the provisions of this chapter, or if probable cause exists that a violation of this chapter exists, then the Borough Ordinance Enforcement Officer shall cause the owner of the motor vehicle, junk automobile or junk automobile body, if he can be found, or the owner or tenant of the private lands upon which the violation is occurring, to be given five days' written notice that the violation exists. The notice shall be sent by registered mail to the last known address of the owner of the motor vehicle, junk automobile or junk automobile body and/or to the owner or tenant of the property. In the event that, at the expiration of five days, the violation of the provisions of this chapter still exists, the Borough Ordinance Enforcement Officer is authorized to proceed in accordance with law to impound the motor vehicle, junk automobile or junk automobile body and to remove the motor vehicle, junk automobile or junk automobile body to a place of storage. Notice of the impoundment shall be given to the owner of the motor vehicle, junk automobile or junk automobile body or to the owner or tenant of the private land on which the violation is occurring in the manner hereinafter established.
Exclusion. One motor vehicle, within the definition set forth above, which does not possess the current year's registration and whose owner is in the military service stationed outside the State of New Jersey may be maintained on a single parcel of land having on it a single-family residential dwelling, as long as the motor vehicle is in a complete and operable condition.
Notice of impoundment.
[Amended 6-18-2019 by Ord. No. 1787]
If the owner of a towed vehicle has not contacted the tow vendor within seven days to discuss its intent regarding the vehicle in the tow company's possession, the towing vendor shall request title and lien information from the Franklin Lakes Police Department's authorized service company, and if no such company is contracted, directly from the FLPD. Tow vendor shall notify the owner and any lienholder via certified mail immediately upon receipt of title and lien information. If notification is required to owner and/or lienholder, a notification fee in accordance with the schedule of fees as adopted by the New Jersey State Police/GSTA Fee Schedule may be applied. The notice shall be sent certified mail and contain the following:
The name and address of the owner of record and the holder of any security interest;
The location where the vehicle is being stored;
Schedule of costs imposed for storing the vehicle and instructions explaining how owner of record or the security interest holder may claim the stored vehicle;
A statement that a sale or disposal of the motor vehicle will occur in accordance with N.J.S.A. 39:10A-1 through 39:10A-7 if the vehicle is not claimed within 30 days.
The address of the owner and lienholder as shown on the records of the New Jersey Motor Vehicle Commission, or any other state's equivalent agency, shall be deemed sufficient for the purpose of this chapter.
Sale or junk issuance of impounded vehicles. If after 30 days from the date of towing the vehicle remains unclaimed, then it shall be deemed abandoned and the Borough shall be entitled to take such action as is permitted under N.J.S.A. 39:10A-1 through 39:10A-7. The tow company shall not be entitled to collect further charges (i.e., storage charges, etc). The tow company shall notify the Franklin Lakes Police Department's authorized service company, and if no such company in contracted, directly from the FLPD at the end of the 30 days of the date of towing, that the vehicle has not been claimed and shall not be entitled to any further storage charges. Upon notification, a determination whether the vehicle can be certified as junk will be made. If a certification of junk cannot be made, the vehicle will be sold at public auction in accordance with N.J.S.A. 39:10A-1 through 39:10A-7. All revenues collected from the sale of the motor vehicle, junk automobile, or junk automobile body shall be retained by the Borough as a cost of administration.
[Amended 6-18-2019 by Ord. No. 1787]
Any person who violates the provisions of this chapter shall, in addition to such other penalties as may be prescribed, pay all costs of removal, impoundment and sale not paid for out of the proceeds of the sale mentioned in § 461-3B above, and in the event that the violator is a property owner as specified in § 461-2C above, the costs and such other fines and penalties as may be levied in accordance with this chapter shall become a lien upon his property in accordance with law and be collected in the manner ascribed and established for the collection of liens.
A continuance of a violation or noncompliance with the provisions of this chapter shall be deemed a nuisance, and the Borough shall have the right to apply to the courts of this state for injunctive relief or other relief in addition to the penalties provided for herein.
The following daily storage charges shall be imposed on any vehicle stored or held by the Borough. The charge shall be paid for every day or part of a day, and no motor vehicle shall be released until all charges have been satisfied.