[HISTORY: Adopted by the City Council of the City of Rahway 3-13-2006 by Ord. No. O-11-06. Amendments noted where applicable.]
Junkyards — See Ch. 265.
Tow trucks and wreckers — See Ch. 389.
Vehicles and traffic — See Ch. 401.
Editor's Note: The ordinance also repealed former Ch. 397, Vehicles, Abandoned and Junked, adopted 7-9-1984 by Ord. No. A-12-84 as Ch. 87 of the 1984 Code.
It is hereby determined and declared that the placing, parking, abandonment, leaving, keeping or storage out-of-doors on public or private property of any motor vehicle not currently in use for transportation or not licensed for the current license year with a currently dated inspection sticker, or any unused machinery, machine, appliance, equipment or parts thereof, is contrary and inimical to the public welfare in that such articles so placed, parked, stored or abandoned attract or may attract persons of tender years, who, being so attracted, may play in or about such articles and be injured in so doing, and in that such articles so placed, abandoned or left out-of-doors, exposed to the elements, deteriorate and in themselves are unsightly and are detrimental to and depreciate the value of properties in the neighborhood where they are located.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED VEHICLE
- Any vehicle which is continually present upon property longer than the time limitations outlined in § 397-3A through C, inclusive, of this chapter.
- INOPERABLE/JUNKED VEHICLE
- Any vehicle which cannot be started upon request of the enforcement agent of this chapter, or for any other reason will not run, e.g., no battery, flat tires, no wheels, missing engine or parts necessary to operate vehicle on a street or highway. A vehicle shall also be considered inoperable if the owner refuses to start it. For the purpose of § 397-3A of this chapter, a vehicle shall also be considered inoperable if the vehicle cannot legally be operated on any street, road or highway, e.g., vehicle not legally registered, without current license plates or motor vehicle insurance in compliance with N.J.S.A. 39:6B-1 et seq.
- Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind or description.
- Any real property within the City 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.
- 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.
No person shall park, leave or store any abandoned, junked, discarded or inoperable vehicle on any public property or premises, except in case of emergency, for a period in excess of 48 hours or for any period without current license plates, vehicle registration and motor vehicle insurance in compliance with N.J.S.A. 39:6B-1 et seq.
No person shall park, leave or store any abandoned, junked, discarded or inoperable vehicle on any private lands for a period in excess of 30 days, unless said vehicle in stored inside a garage.
No owner or occupier of any private lands or premises shall permit or suffer any abandoned, junked, discarded or inoperable vehicle to be parked, left, stored or maintained on such private lands or premises for more than 30 days unless said vehicle in stored inside a garage.
Whenever any motor vehicles, junk automobile, junk automobile body or any other article as more fully described in § 397-2 of this chapter is found on any public street, highway or public property, the Director of the Police Department or his designee is hereby authorized to engage a suitable person or persons who, in the judgment of the City's insurance advisor, is properly insured to tow any such motor vehicle which shall be impounded until lawfully claimed or disposed of in accordance with applicable statutes. The Director of the Police Department or his designee shall notify the registered and legal owner of the motor vehicle of the reason for its removal and the location of the motor vehicle. The motor vehicle which shall be retained and impounded until the owner or his duly authorized agent pays the cost of the taking and removal, together with garage storage charges.
When overnight security is deemed necessary to guard a motor vehicle which may pose a threat to the health, safety and welfare of the public and security deemed necessary beyond that normally provided, an additional charge of $50 per hour may be charged.
Whenever any motor vehicles, junk automobile, junk automobile body or any other article as more fully described in § 397-2 of this chapter is found on any private land in violation of the provisions of this chapter, the Director of the Police Department or his designee, the Director of the Department of Building, Engineering, Planning and Economic Development or his designee, or the Director of the Department of Community Services or his designee shall serve, or cause to be served, a notice in writing, either personally or by registered or certified mail, upon the owner, tenant, lessee or occupant of such property to remove such vehicle therefrom within a certain period of time, not less than 30 days after the date of service of such notice, to be specified therein. In the event that such vehicle is not removed within the time specified, a summons shall be issued for such violation.
The Police Department shall take possession of all abandoned motor vehicles on public property and remove same to a storage place designated by the Director of the Police Department.
Upon taking possession of an abandoned motor vehicle, the Police Department shall follow the procedures established by P.L. 1964, c. 81 (N.J.S.A. 39:10A-1 et seq.), to sell such abandoned motor vehicle at public auction.
This chapter shall not apply to lawfully operated junkyards or to motor vehicles located or stored in garages or other approved buildings.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not less than $250 nor more than $1,000 or by imprisonment for a term not exceeding 90 days or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.