§ 223-1Removal authorized; conditions.
§ 223-2Notice to owner.
§ 223-3Procedure, fees.
§ 223-3.1Removal of vehicles from private property.
§ 223-3.2Maximum rates and charges for vehicles
towed from public or private property.
§ 223-3.3Violations and penalties.
Members of the Police Department are hereby authorized to have a vehicle removed from a street or highway to the nearest garage or other place of safety or to a parking area maintained by the Police Department under the circumstances hereinafter enumerated:
When any vehicle is left unattended upon any street where such vehicle constitutes an obstruction to traffic.
When a vehicle upon a street is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide for the vehicle's custody or removal.
When any vehicle is left unattended upon a street and is parked in violation of any municipal ordinance.
If an officer removes a vehicle from a street as authorized herein and the officer is able to ascertain the name and address of the owner thereof, such officer shall immediately give notice in writing to such owner of the removal and the reasons therefor and of the place to which the vehicle has been removed.
The owner of any such vehicle which has been removed from a street and impounded as above is responsible for complying with procedures for repossession and for all fees related to towing and storage.
Operators engaged in the removal of motor vehicles, other than removal requested by vehicle owner, from private or public property in the Borough of Seaside Heights must comply with the following regulations:
Maximum time for response to calls regarding tows. All towing services shall respond to a call for a tow in any part of the Borough within 20 minutes of receipt of a call for such service and all cars previously towed shall be returned to any part of the Borough within one hour of receipt of a call requesting such return.
Storage. Storage shall be provided for all vehicles towed until claimed by the vehicle owner or disposed of in accordance with applicable law. The contractor shall provide an adequate off-street private property storage area.
The operator shall provide to the Borough the year, make, model, vehicle identification number, type of vehicle, registration number and proof of insurance. The operator shall also provide the addresses where the operator shall be regularly based, telephone numbers available on a twenty-four-hour-per-day basis and the name of the operators, their addresses and the serial numbers of their New Jersey motor vehicle licenses.
Any person towing or booting vehicles on private property within the Borough of Seaside Heights shall provide a receipt for said towing or booting to the owner or operator of the vehicle and shall keep duplicate copies of said receipt or a log of all towing or booting for a six-month period.
Maximum rates and charges for vehicles towed from public or private property shall be as follows:
Maximum basic towing shall be $105.
Maximum storage fee charges shall be $25 per day.
Maximum fee for application and removal of a wheel immobilization device (“boot”) shall not exceed the municipal fee for parking meter zone violations as established by § 146-27 of the Borough Code, such fee to include all charges for both application and removal. Such devices shall only be utilized on vehicles which are not removed from the parking lot. Where a wheel immobilization device is applied to a vehicle on private property, a written notification including a phone number to be called to request removal of the wheel immobilization device shall be affixed to the vehicle to which said device was applied. Removal of said device shall be accomplished within one hour of the request for removal, provided that the fee for removal has been paid.
The provisions of this article shall be enforced by the Police Department of the Borough of Seaside Heights. The following violations and penalties shall apply:
Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment for not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provisions of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.