[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin 11-24-2009 by Ord. No. 15-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 168.
Municipal buildings and grounds — See Ch. 180.
Property maintenance — See Ch. 205.
Solid waste — See Ch. 230.
Motorized vehicles — See Ch. 263.
[1]
Editor's Note: This ordinance also superseded former Ch. 255,
Vehicles, Abandoned, which consisted of Art. I, Private Property,
derived from Sec. 3-3 of the 1975 Code (Ord. No. 188), as amended,
and Art. II, Public Property, derived from Sec. 3-4 of the 1975 Code
(Ord. No. 189), as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
An abandoned vehicle is:
A vehicle left outdoors on private property without the consent
of the owner for a period of more than 48 hours; or
A vehicle left on public property without permission; or
A vehicle stored outdoors that is not currently registered,
not currently insured or does not have a current license plate.
This definition shall not apply to vehicles propelled by muscular
power or those which run only upon rails or tracks.
It is hereby determined and declared that the placing, abandonment,
leaving, keeping or storage out of doors or on public property of
any abandoned motor vehicle is contrary and inimical to the public
welfare in that such articles so placed, abandoned, left, kept or
stored out of doors and exposed to the elements deteriorate and in
themselves are unsightly, and while deteriorating become more unsightly,
and are detrimental to and depreciate the value of properties in the
neighborhood where they are located and in the Borough as a whole.
No person shall place, abandon or leave, keep or store any abandoned
motor vehicle out of doors upon any private land in the Borough. Nothing
in this chapter shall be deemed to prohibit the placing, keeping or
storage of a vehicle in an enclosed garage, barn or other building.
New-Jersey-licensed motor vehicle dealers may only store and display
operable motor vehicles out of doors that are for sale.
Whenever it shall appear to the Borough Zoning Officer or any member of the Police Department that § 255-3 is being violated and that the land on which the violation exists is privately owned, he shall, in writing, notify the owner or tenant in possession of the land on which the violation exists to abate the violation by removing the article constituting the violation from the Borough or into an enclosed garage, barn or other building within 10 days of the service of the notice, which notice shall be served upon such owner or tenant, if he resides in the Borough, personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years; but if any such owner or tenant shall reside outside the Borough, the notice shall be served upon him by registered or certified mail addressed to him at his usual residence, if ascertainable, otherwise by notice published in the newspaper in which the legal notices of the Borough may be published; and the owner or tenant shall so abate the violation within the time fixed by the notice.
A.
If an abandoned motor vehicle is left on public property, it shall
be taken into possession by the Police Department and removed at the
owner's cost to a storage place designated by the Borough for
such purpose.
B.
If an abandoned motor vehicle is placed on private property, by a
person who cannot be identified or found within the Borough, without
the consent of the owner or tenant occupying such property, such abandoned
motor vehicle shall, with the consent of the owner or tenant occupying
the private property, be taken into possession by the Police Department
and removed to a storage place designated by the Borough for such
purpose.
Upon the taking into possession of an abandoned motor vehicle,
the Borough shall follow the procedures established by Title 39 of
the New Jersey Statutes Annotated to sell such abandoned motor vehicles
at public auction.
The Mayor and Council may, by resolution, designate a special
agent or representative of the Borough for the purpose of collecting
abandoned motor vehicles in the Borough, and such special agent or
representative shall post a bond in such amount as established by
the Borough for the faithful performance of his duties.
The Mayor and Council may, by resolution, grant permission to
any person purchasing abandoned motor vehicles at public auction in
the Borough pursuant to N.J.S.A. 39:10A-1 et seq. to store the vehicles
so purchased, if desired by such purchaser, on a site located in the
Borough, provided that such site is approved by the Borough, and further
provided that such purchaser remove all such motor vehicles so purchased
from the Borough no later than 90 days from the date of the public
sale at which he purchased the same. Any person granted permission
to store such motor vehicle hereunder shall post a bond with the Borough,
in such amount as the Borough shall establish, for the faithful performance
of his obligations and to guarantee the performance of any special
terms and conditions which the Mayor and Council may, by resolution,
fix.
Any person who violates this chapter shall be subject, for the
first offense, to a fine of not less than $100 nor more than $500,
and his license or driving privilege may be suspended or revoked by
the Director for not more than two years. For any subsequent violation,
he shall be subject to a fine of not less than $500 nor more than
$1,000, and his license or driving privilege may be suspended or revoked
for a period of not more than five years.
