[Adopted 5-23-2001 by Ord. No. 07-2001]
As used in this Part 3, the following terms shall have the meanings indicated:
IMPOUNDMENT OF VEHICLES
All vehicles impounded per the Police Department will be stored in the municipal impound yard. Those situations warranting impoundment are abandonment, DWI offenders, serious and fatal accidents, for evidentiary purposes, violation of Title 39 or 2C of the statutes and any other seizure for investigative purposes. The requesting officer will complete a standardized vehicle report detailing the recovery reason and inventory of contents within the vehicle, denoting damages and/or missing components.
MOTOR VEHICLE
Any automobile, omnibus, road tractor, trailer, truck, truck tractor and vehicle as defined in N.J.S.A. 39:1-1.
PERSON
Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind or description.
POLICE IMPOUND YARD
An enclosed area protected from access by unauthorized persons on Borough property or Borough leased property, monitored by Police Headquarters and sufficiently posted concerning no trespassing/unauthorized entry into enclosure.
PROPERTY
Any real property within the Borough which is not on a public street or highway.
STREET or HIGHWAY
The entire width between the curbs or boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.
This Part 3 also authorizes the Borough of Eatontown to enter into a lease agreement with the Eatontown Sewerage Authority for placement of its municipal impound facility and use of a sixty-foot by sixty-foot storage shed for use by the Eatontown Fire Department at the Eatontown Sewerage Authority facility and yard located off of Throckmorton Avenue. This agreement shall be subject to a nominal consideration and will be for a period of 10 years with authorization to renegotiate at end of term if desirable and extension by resolution and subsequent agreement. The attorney for the Borough of Eatontown is authorized to prepare and negotiate said agreement and the Mayor to execute an appropriate agreement entered into between the Eatontown Sewerage Authority and the Borough of Eatontown.
No person shall abandon any vehicle within the Borough of Eatontown and no person shall leave any vehicle at any place within the Borough for such period of time and under such circumstances as to cause such vehicle to reasonably appear to have been abandoned. The abandonment is therefore in direct violation of this Code.
The Police Department shall cause to be created an impoundment area to hold vehicles impounded by it until they can be disposed of in accordance with applicable statutes of the State of New Jersey. The aforesaid impounding area shall be enclosed by a six-foot-high chain link fence with "No Trespassing" signs affixed to it.
A. 
The municipal impound yard storage area will be sufficient size to accommodate the needs of the Police Department and shall be available during the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday for the release of the towed vehicles to the owners, pursuant to this section, unless other off-hour release conditions are preauthorized by the Chief of Police, Traffic Safety Officer or his designee. The impoundment/storage and release of such vehicles will follow established guidelines in accordance with Policy Agency Standard Operating Procedures (SOP).
B. 
While in storage, the municipality shall not assume any liability from vehicle owner or person having legal right to the vehicle, which is beyond the municipality's control.
C. 
The storage fee for the municipal police impound yard will be consistent at $30 per day, starting 24 hours after the time the vehicle was towed and accruing every day thereafter.
[Amended 10-14-2009 by Ord. No. 17-2009]
A. 
An employee of the Eatontown Police Department shall be assigned to investigate the last title owner of the abandoned or junked vehicle in an attempt to determine the person responsible for the abandonment of each vehicle and to prosecute all culpable persons for any violation of the State Motor Vehicle Act or this chapter specifically.
B. 
Such taking of possession shall be reported to the Director of the Division of Motor Vehicles on a form prescribed by him for verification of ownership. When the vehicle remains unclaimed by the owner or other person having a legal right, the same may be sold at auction in a public place. The Eatontown Police Department designee shall give notice of such sale by certified mail to the owner, if name and address are known, and to holder of any security interest filed with the Director of the Division of Motor Vehicles, and by publication on a form prescribed by one insertion, at least five days prior to the sale in one or more newspapers published in this state and circulating in the city in which such motor vehicle is being held.
C. 
The Police Department shall also be responsible for the sale or disposition of the impounded vehicles, with minimum bid starting at towing and storage charges to date. If no minimum bid is received, then the best offer may be accepted.
At any time prior to sale, the owner or other person entitled thereto may reclaim possession of motor vehicle upon payment of costs incurred for removal and storage of the vehicle and any fine or penalty and court costs assessed against person for violation giving rise to seizure of taking possession of such vehicles.
If the Police Department, in its report to the Director of Division of Motor Vehicles, certifies on an application prescribed by him that such motor 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, the Division shall, without further certification or verification, issue to the Borough for a fee of $2 for a junk title certificate thereto, with proper assignment thereon, which shall be assigned and delivered to the purchaser of the vehicle at public sale.
A. 
Upon the sale of any motor vehicle for which no junk certificate is issued, the Borough shall execute and deliver to the purchaser an application for certificate of ownership prescribed by the Director of the Division of Motor Vehicles in the same form and manner as provided in N.J.S.A. 39:10A-15 which shall also contain the name and address, if known, of the former owner.
B. 
Such application shall be accepted by the Director of Motor Vehicles for issuance of certificate of ownership upon their established fee.
Upon the sale of motor vehicle, claims of interest therein shall be forever barred and the proceeds realized therefrom after payment of expenses of possession and sale shall be remitted to the municipal treasury as its sole property.
In accordance with Borough Ordinance 82-4 call list for wrecker/towing service and established fees for towing (Borough Ordinance 82-7), the respective towing agency shall submit an itemized bill to the Police Department Traffic Safety Bureau for recording and forwarding to the Chief Financial Officer for payment within 45 days from date of service. These funds will be reimbursed to the municipal treasury upon disposition, through release or auction of said vehicle inclusive of towing and storage fees.
[Added 6-13-2012 by Ord. No. 15-2012]
Unless authorized by a sworn law enforcement officer, no person shall operate, park, leave or be in possession of a motor vehicle which is unregistered or has a suspended registration in any parking yards (lots) and parking places, which are open to the public or to which the public is invited, whether owned or maintained by governmental entity or in conjunction with any business or enterprise, whether public, quasi-public or private.
[Added 6-13-2012 by Ord. No. 15-2012]
This article shall not apply to:
A. 
Private property to which the public is not invited, such as residential lots. However, private and quasi-public property, such as apartment complex and mobile home park parking areas shall be subject to the prohibition if agreed upon by the property owner.
B. 
Motor vehicles that are exempt from registration under Title 39 of the New Jersey Statutes, such as car dealer inventory.
[Added 6-13-2012 by Ord. No. 15-2012]
Any vehicle found in violation of § 312-65.1, and not being exempted by § 312-65.2, may be impounded and towed by the Borough Police Department to an area designated by the Borough, and the vehicle shall be returned to its owner upon payment of reasonable costs of towing and storage and proof of registration and shall be subject to the provisions of impoundment of vehicles and disposal of vehicles by the Police Department under Article XVIII, Impoundment of Vehicles; Municipal Impound Facility, of the Code of the Borough of Eatontown.
[Added 6-13-2012 by Ord. No. 15-2012]
The violation of this article shall subject the person, firm or corporation so convicted or pleading guilty to a fine of $100.