[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.]
[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."
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]
