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:
A.
When any vehicle is left unattended upon any street
where such vehicle constitutes an obstruction to traffic.
B.
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.
C.
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.
[Added 12-20-2000 by Ord. No. 2000-27]
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:
A.
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.
[Amended 6-21-2006 by Ord. No. 06-12]
B.
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.
C.
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.
[Amended 2-19-2003 by Ord. No. 03-03]
D.
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.
[Added 2-19-2003 by Ord. No. 03-03]
[Added 12-20-2000 by Ord. No. 2000-27; amended 9-5-2001 by Ord. No. 2001-13; 11-21-2001 by Ord. No. 2001-17; 5-3-2006 by Ord. No. 06-08; 6-21-2006 by Ord. No.
06-12]
Maximum rates and charges for vehicles towed
from public or private property shall be as follows:
A.
Maximum basic towing shall be $105.
B.
Maximum storage fee charges shall be $25 per day.
C.
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.
[Added 12-20-2000 by Ord. No. 2000-27; amended 6-21-2006 by Ord. No. 06-12]
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:
A.
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.
B.
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.
