[Amended 5-26-1981 by Ord. No. 81-6]
This chapter shall be known and may be cited as the "Removal, Storage and Disposal of Motor Vehicles Ordinance."
[HISTORY: Adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven 12-12-1977 by Ord. No. 77-7. Amendments noted where applicable.]
The following terms, phrases and words used in and for the purpose of this chapter shall be deemed to have the following meanings:
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:
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 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; or
Is found without one or more tires.
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-trailer or other vehicle, as 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 defined herein.
Any property which is privately owned and which is not public property as defined herein.
Any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular traffic, and any other publicly owned property and facility.
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 of Beach Haven 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 of Beach Haven.
C.
Presumption. If any motor vehicle, junk automobile or 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 said 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 or other building.
E.
The parking or placing of any motor vehicle on any street or public way of the Borough of Beach Haven in such manner as to constitute an obstruction to traffic, whether such vehicle is disabled or not and whether such vehicle is attended or unattended, is hereby prohibited.
[Added 5-26-1981 by Ord. No. 81-6]
A.
Impounding vehicles. Whenever any member of the Police Department of the Borough of Beach Haven finds a motor vehicle, junk automobile or junk automobile body which has been abandoned, kept or stored contrary to the provisions of this chapter, such officer shall remove, secure the removal of and/or impound said 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, highway or public property, an emergency condition is herewith declared to exist and the Police Department of the Borough of Beach Haven 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 said 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 shall notify the owner in accordance with the provisions of this chapter hereinafter set forth.
(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, the Police Department of the Borough of Beach Haven shall cause the owner of the motor vehicle, if he can be found, or the owner or tenant of the private lands upon which the violation is occurring, to be given 10 days' written notice that said violation exists; said notice shall be sent by certified 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 10 days the violation of the provisions of this chapter still exists, the Police Department of the Borough of Beach Haven is authorized to proceed in accordance with law to impound the motor vehicle, junk automobile or junk automobile body and to remove said motor vehicle to a place of storage. Notice of said impoundment shall be given to the owner of the motor vehicle, junk automobile or junk automobile body or to the tenant or owner of the private land on which the violation is occurring, in the manner hereinafter established.
(a)
Exclusion. One motor vehicle, in 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 complete and operable condition.
(3)
Notice of impoundment.
(a)
Notice of the impoundment of any motor vehicle, junk automobile or junk automobile body shall be given to the owner of said vehicle or to the owner or tenant of lands upon which the violation is occurring, in writing and by certified mail, at the last known address of the party to be served and shall contain the following information:
[1]
The time and place of impoundment.
[2]
The location of the motor vehicle, junk automobile or junk automobile body.
[3]
The reason for impoundment.
[4]
The amount and nature of penalties and costs that may be entered against him.
[5]
A statement that a sale of the motor vehicle, junk automobile or junk automobile body will occur after 30 days if the motor vehicle, junk automobile or junk automobile body is not reclaimed.
[6]
A statement of the time and place of sale.
[7]
The notice required hereby shall be mailed within 48 hours of any such impoundment.
[Added 5-26-1981 by Ord. No. 81-6]
(b)
The address of the owner as shown on the records of the State Division of Motor Vehicles shall be deemed sufficient for the purpose of this chapter.
B.
Sale of impounded vehicles. Whenever any motor vehicle, junk automobile or junk automobile body impounded by the Police Department of the Borough of Beach Haven shall remain 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 in a public place. The owner thereof or other person having a legal right thereto shall be given notice of such sale, by certified mail, to the owner, if his name and address are known and to the holder of any security interest filed with the Director of the Division of Motor Vehicles, and by publication in a form to be prescribed by the Director of Motor Vehicles by one insertion, at least five days before the date of the sale, in one or more newspapers circulated in the Borough of Beach Haven.
At any time prior to the sale, the owner or other person entitled thereto may reclaim possession of the motor vehicle, junk automobile or junk automobile body upon payment of the reasonable costs of removal and storage of the vehicle and any fine or penalty and court costs assessed against him for violation which gave rise to the seizure or taking possession of such vehicle.
Upon the sale of a motor vehicle, junk automobile or junk automobile body pursuant to the provisions of this chapter, all claims of 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 of Beach Haven as its sole property.[1]