[HISTORY: Adopted by the Borough Council of the Borough of Upper
Saddle River as Section 4-6 of Ch. IV of the Revised General Ordinances, 1971.
Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 145.
As used in this chapter, the following terms shall have the meanings
indicated:
Any real property within the Borough which is not a street or highway.
The entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes
of vehicular travel.
A machine propelled by power, other than human power, designed to
travel along the ground by use of wheels, treads, runner or slides and transport
persons or property or pull machinery, and includes without limitation automobile,
truck, trailer, motorcycle, tractor, buggy and wagon.
[Amended 7-10-1996 by Ord.
No. 16-96]
A.
It shall be unlawful for any person to abandon or leave
any motor vehicle, partially dismantled motor vehicle, nonoperating or wrecked
motor vehicle, junk automobile body or parts of any motor vehicle or junk
automobile upon any public lands, public street or public right-of-way within
the Borough.
B.
It shall be unlawful for any person to abandon, leave,
park or store any partially dismantled motor vehicle, nonoperating or wrecked
motor vehicle, junk automobile body or parts of any motor vehicle or junk
automobile, or any equipment incident thereto or any vehicle without the current
year's registration or identification markers required by law upon the exterior
of any private property within the Borough. The within prohibition shall be
deemed to include the restoration of a vehicle on the exterior of private
property.
C.
As used in this section, a motor vehicle, partially dismantled
motor vehicle, nonoperating or wrecked motor vehicle, junk automobile body
or parts of any motor vehicle or junk automobile shall be presumed abandoned
if it remains on any public property longer than 48 hours. A partially dismantled
motor vehicle, nonoperating or wrecked motor vehicle, junk automobile body
or parts of any motor vehicle or junk automobile or any vehicle without the
current year's registration or identification markers required by law shall
be presumed abandoned if it remains on any private property longer than 48
hours.
D.
Nothing in this section shall be deemed to prohibit placing,
keeping or storing of any nonoperating or unregistered motor vehicle within
a totally enclosed garage, barn or other building or structure.
No person shall leave any partially dismantled, nonoperating, wrecked
or junked vehicle on any street or highway within the Borough.
No person in charge or control of any property within the Borough, whether
as owner, tenant, occupant, lessee or otherwise, shall allow any partially
dismantled, nonoperating, wrecked, junked or discarded vehicles to remain
on such property longer than 48 hours; and no person shall leave any such
vehicle on any property within the Borough for a longer time than 48 hours;
except that this section shall not apply with regard to a vehicle in an enclosed
building, a vehicle on the premises of a business enterprise operated in a
lawful place and manner, when necessary to the operation of such business
enterprise, or a vehicle in an appropriate storage place or depository maintained
in a lawful place and manner by the Borough.
[Amended 5-8-1996 by Ord.
No. 8-86]
The Chief of Police or any member of the Police Department designated
by him is authorized to remove or have removed any vehicle left any place
within the Borough which reasonably appears to be in violation of this chapter
or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully
claimed or disposed of in accordance with applicable statutes. The Chief of
Police or any member of the Police Department acting for him shall notify
the registered and legal owner in writing, by personal service or by certified
mail, at the last known address of the owner, of the removal of such vehicle,
the reason for the same and the location of the vehicle. Such vehicle shall
be retained and impounded until the owner or his duly authorized agent has
paid the cost of such taking and removal, together with a garage charge for
each and every day such vehicle is retained and impounded.
[Added 5-8-1986 by Ord. No.
8-86]
A.
Maximum penalty. For violation of any provision of this chapter, the maximum fine shall be in accordance with § 1-15 of this Code.
[Amended 9-8-1988 by Ord.
No. 16-88]
B.
Separate violations. Except as otherwise provided, each
and every day in which a violation of any provision of this chapter exists
shall constitute a separate violation.
C.
Application. The maximum penalty stated in this section
is not intended to state an approximate penalty for each and every violation.
Any lesser penalty, including a nominal penalty or no penalty at all, may
be appropriate for a particular case or violation.
