[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]
Is parked without the current year's registration or identification
markers as required by law;
Has been continuously parked in any public street or on any
public land for a period of seven days;
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;
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);
Is found without one or more tires; or
Police-initiated towed vehicles not claimed within 30 days.
The sequestration of a motor vehicle, junk automobile or
junk automobile body at a place of storage.
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.
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.
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.
The Police Department of the Borough.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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:
(1)
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.
(2)
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.
(a)
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.
(3)
Notice of impoundment.
[Amended 6-18-2019 by Ord. No. 1787]
(a)
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:
[1]
The name and address of the owner of record and the holder of
any security interest;
[2]
The location where the vehicle is being stored;
[3]
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;
[4]
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.
(b)
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.
B.
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]
A.
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.
C.
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.
|
Type of Vehicle
|
Fee
|
|---|---|
|
Motorcycle or motorbike
|
$3
|
|
Automobile
|
$5
|
|
Truck or van
|
$7
|
