City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-16-1987 by Ord. No. 5175-87; amended in its entirety 8-8-2001 by Ord. No. 6219-01]

§ 425-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CAR CARRIER
Any motor vehicle, including a flatbed, equipped with a winch and hydraulically operated bed which slides or tilts to accommodate loading, and is designed for towing and/or transporting of vehicles, trailers, motor homes and other objects which cannot operate under their own power or for some other reason must be transported in tow, carriage or by control of another vehicle.
CITY
The City of Clifton.
IMPOUNDMENT YARD (STORAGE AREA) 
 Any parcel or property owned or leased by an official tower and located within the City of Clifton which has all of the following specifications:
A. 
Contiguous to the official tower's place of business, except that a secondary lot may be located elsewhere within the City of Clifton to accept any overflow.
B. 
Adequate to store vehicles for an extended period of time.
C. 
Completely encircled by a fence not less than five feet high with at least one lockable gate for ingress and egress.
D. 
Access to 800 square feet of inside storage facilities to protect "police hold" vehicles.
PERSON
Includes any person, firm, partnership, association, corporation, company or organization of any kind.
TOW TRUCK
Any motor vehicle, including a wrecker or recovery vehicle, equipped with booms, winches, wheel lift or other similar equipment designed for the recovery and towing of vehicles, trailers, motor homes or other objects which cannot operate under their own power or for some other reason must be transported in the tow or control of another vehicle.
TOW TRUCK, CLASS I, STANDARD DUTY
A tow vehicle having a truck chassis with a manufacturer's rated capacity between 10,000 and 19,999 pounds gross vehicle weight.
TOW TRUCK, CLASS II, HEAVY DUTY
A tow vehicle having a truck chassis with a manufacturer's rated capacity of 33,000 or more pounds gross vehicle weight.
TOW TRUCK, CLASS III, CAR CARRIER/FLATBED
A tow vehicle having a truck chassis with a manufacturer's rated capacity of at least 10,000 pounds gross vehicle weight.

§ 425-2 Official towers to be appointed.

A. 
The Municipal Council of the City of Clifton shall appoint persons engaged in the business of offering the services of a motor vehicle towing or wrecker service, whereby damaged or disabled motor vehicles are towed or otherwise removed from the place where they are damaged or disabled, by use of a tow vehicle, as defined in this article. Such persons shall be known as "official towers" and shall serve as such at the pleasure of the Municipal Council of the City. No official tower shall subcontract any work to be performed by him for the City without having first obtained prior written approval from the Municipal Council. Any official tower who subcontracts work shall remain liable for any violation by the subcontractor of this article. The official tower shall tow the vehicle to any location within the City of Clifton requested by the owner or operator of the vehicle, provided that payment is made to the tower at the time of the tow.
B. 
The list of designated official towers containing the company name, address, telephone number and maximum towing fees shall be printed and circulated in the City of Clifton pursuant to N.J.S.A. 40A:11-5(u). The list shall be available for inspection in the office of the City Clerk by any member of the general public upon request.

§ 425-3 Services to be furnished.

Official towers shall furnish adequate and proper wrecking, towing, storage and emergency repair services to motor vehicles within the limits of the City, with the exception of motor vehicles on toll roads, when requested to do so by the City.

§ 425-4 Request for services; rotation lists.

A. 
The City shall request such services from each official tower in rotation. When called, the official tower shall advise the dispatcher if a tow vehicle is available and the estimated time of arrival. If no tow vehicle is available or if the estimated or actual time of arrival exceeds 30 minutes, the next official tower in rotation shall automatically be called, and the original tower called shall be placed at the bottom of the rotation list.
B. 
There shall be two rotation lists established; one of such lists being composed of all official towers and the other such list being composed of those official towers having Class II tow vehicles capable of towing motor vehicles weighing in excess of four tons. Class III carrier/flatbed tow vehicles shall be considered the same as Class I tow vehicles for purposes of the rotation list.

§ 425-5 Personal requests for service; emergencies.

The City shall request such service only from official towers; provided, however, that, if no emergency or road hazard exists, the City shall request such services from such other person as the owner of the motor vehicle in need of such services may request; and provided further that, in the event that none of the official towers are available or able to provide such services as are requested by the City, or in the event of an emergency, the City may request such services from any other available source.

§ 425-6 Requests to be made by certain officials.

All requests made by the City of official towers shall be made by the City Manager, City Engineer, Assistant City Engineer, the general foreman of the Public Works Department or any member of the Police Department or Fire Public Safety Department.

§ 425-7 Minimum vehicle requirements.

A. 
Every official tower shall maintain and have available to render services required by this article a minimum of one Class I tow vehicle. To qualify for inclusion on the rotation list established in § 425-4 of this article for towing of vehicles having a weight in excess of four tons, an official tower shall maintain and have available a minimum of one Class II tow vehicle. There shall be no minimum requirement for Class III tow vehicles, any official tower having such a vehicle shall be called upon in normal rotation order if a tow vehicle in the Class III category is needed for a tow of a vehicle under four tons.
B. 
Vehicle classes.
(1) 
Class I tow vehicle: Each Class I tow vehicle must be equipped with a boom or winch assembly mounted on the chassis, a dolly assembly, a tow sling or wheel lift assembly and at least 100 feet of either three-eighths-inch or seven-sixteenths-inch cable attached to a motor-driven winch.
(2) 
Class II tow vehicle: Each Class II tow vehicle must be equipped with a complete boom or winch assembly mounted on the chassis having a manufacturer's winch or boom rating of at least 25 tons, a tow sling or wheel lift assembly, an air supply so constructed as to supply air to disabled vehicles and at least 200 feet of one-half-inch or larger cable attached to each motor-driven winch.
(3) 
Class III tow vehicle: Each Class III tow vehicle must be equipped with a winch or hydraulically operated bed which slides or tilts to accommodate transporting of vehicles.

§ 425-8 Equipment requirements.

A. 
Every class tow vehicle shall be equipped with the following:
(1) 
At least one amber rotating beacon or strobe light mounted on the highest practical location of the tow vehicles, visible from 360º when in use and visible at a minimum distance of 500 feet during daylight hours.
(2) 
One snatch block per winch.
(3) 
Safety tow lights or magnetic tow lights for towing vehicles at night, amber colored.
(4) 
Extra chains and cables for pulling or securing a towed vehicle.
(5) 
At least one heavy-duty broom, a shovel, a crowbar or prybar, a set of jumper cables, a flashlight, one two-pound or larger fire extinguisher of dry chemical type, one dozen flares or similar warning devices for placement at the scene of an accident or behind a disabled vehicle, at least 10 pounds of dry sand or a drying compound for gasoline and oil spilled onto the roadway and a sufficient quantity and types of tools to enable the tow vehicle operator to perform proper and adequate emergency repair services for the tow.
B. 
Every tow vehicle shall comply with any and all state, federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and shall be subject to inspection by the Chief of Police or his designate at any time. No changes may be made in said vehicles or equipment unless prior written approval is obtained from the City.
C. 
Every tow vehicle shall have the name of the official tower displayed on the tow vehicle in such manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.

§ 425-9 Personnel requirements.

A. 
Official towers shall have available, at all times, a minimum of two persons to provide the services required by this article. All persons employed by official towers to provide the services required by this article shall meet the following requirements and be subject to the following regulations. They shall:
(1) 
Be competent mechanics.
(2) 
Have a valid driver's license having no restrictions or conditional endorsements other than a condition requiring the wearing of eyeglasses.
(3) 
Be mentally alert and present a neat appearance at all times.
(4) 
Obey all traffic laws and regulations.
(5) 
Be subject to inspection by the Chief of Police of the City and shall be approved by the Chief prior to rendering any services required by the terms hereof. Such approval shall be evidenced by an identification card issued by the Clifton Police Department, which card shall be carried by all tow vehicle drivers and presented upon request to any police officer.
(6) 
Be fingerprinted by the Police Department of the City.
(7) 
Not have been convicted of a crime nor had their driving privileges suspended or revoked within the last five years, for any reason other than unpaid parking tickets pursuant to the Parking Offenses Adjudication Act, or administrative suspension for any minor nonmoving violation.
[Amended 4-5-2005 by Ord. No. 6470-05]
B. 
All fees for fingerprinting and/or background checks shall be paid by the applicant.

§ 425-10 Storage areas to be maintained.

A. 
All vehicles towed by an official tower must be stored within the City of Clifton.
B. 
Every official tower shall maintain within the City of Clifton an inside protected building storage area capable of storing a minimum of four passenger vehicles, which storage area shall contain a minimum area of 800 square feet.
C. 
Every official tower shall maintain an outside protected storage area capable of storing a minimum of 40 passenger vehicles and two tractors and trailers.
D. 
The driveways leading to and from the storage area and 25 feet beyond the gate the width of the driveway shall be paved and maintained in good condition.
[Added 12-3-2002 by Ord. No. 6318-02]

§ 425-11 Report to be filed.

A. 
Within 24 hours after an official tower is requested to render service to the City, the official tower shall file a report with the Police Department of the City setting forth the following information:
(1) 
Make of the vehicle.
(2) 
License number of the vehicle.
(3) 
Motor number of the vehicle.
(4) 
Number of tires on the vehicle.
(5) 
A description of all tools and other personal property which is found in the vehicle.
(6) 
A description of the general condition and any damage of the vehicle.
(7) 
If the vehicle was towed, the place from which it was towed and the place to which it was towed.
(8) 
If the vehicle was stored, the place where it was stored.
(9) 
All other necessary and pertinent information requested by the Police Department of the City.
B. 
Each month, every official tower shall forward copies of each and every invoice rendered in its capacity as an official tower for the preceding month to the Chief of Police. Each invoice shall include the following information: date of service, time of service, type of service performed, distance to and from tower's base of operation to accident scene or location of stolen vehicle and rate charged for towing service, in addition to a description of the storage facility towed to (inside building, outside secured or outside unsecured) and the number of spaces located within said storage facility.

§ 425-12 Rates.

[Amended 7-15-2008 by Ord. No. 6749-08]
A. 
Within 10 days following original appointment as an official tower, or upon the adoption of this article, whichever is later, said official tower shall file with the City the official tower's rates for services to be rendered or materials to be supplied in accordance with the terms of this article. Said official tower shall file with the City any changes in said rates within 30 days prior to initiating the same.
B. 
All rates charged by official towers for services rendered or materials supplied shall be fair and equitable.
C. 
The maximum rates which official towers may charge for towing and storage are as follows, except for services rendered in accordance with N.J.A.C. 11:3-38.1 et seq., in which event the lower of those rates set forth below or those established pursuant to N.J.A.C. 11:3-38.1 et seq. shall apply:
[Amended 9-17-2008 by Ord. No. 6759-08; 1-21-2014 by Ord. No. 7134-14]
(1) 
For towing a passenger vehicle, motorcycle or truck having a gross vehicle weight rating of 7,000 pounds or less, which shall include all services rendered by the official tower to facilitate the tow: $100.
(2) 
For towing a vehicle having a gross vehicle weight rating of over 7,000 pounds to 16,000 pounds: $225.
(3) 
For towing a vehicle having a gross vehicle weight rating of over 16,000 pounds: $450.
(4) 
Winching and/or recovery service.
(a) 
Passenger vehicles and vehicles having a gross vehicle weight rating of 7,000 pounds or less: $115.
(b) 
Vehicles having a gross vehicle weight rating of over 7,000 pounds to 16,000 pounds: $175 per hour, same to be billed in increments of 1/2 hour.
(c) 
Trucks having a gross vehicle weight rating of over 16,000 pounds: $325 per hour, same to be billed in increments of 1/2 hour.
(5) 
Supply air: $50 per vehicle.
(6) 
Air-recovery cushions: $450 per vehicle.
(7) 
Removal of drive shaft for vehicles with a gross vehicle weight rating of over 7,000 pounds: $75.
(8) 
Removal of axles for vehicles with a gross vehicle weight rating of over 7,000 pounds: $75 per axle.
(9) 
Road service for vehicles requiring tire changes, lockout services, jump starts and similar services not requiring the vehicle to be towed: $75, plus the cost of parts or fuel or oil provided.
(10) 
Storage fees:
(a) 
Passenger vehicles, vehicles having a gross vehicle weight rating of 7,000 pounds or less, and motorcycles: $25 per day for the first three days; $45 per day each day thereafter.
(b) 
Vehicles having a gross vehicle weight rating of over 7,000 pounds to 16,000 pounds: $40 per day for the first three days; $75 per day each day thereafter.
(c) 
Vehicles having a gross vehicle weight rating of over 16,000 pounds: $50 per day for the first three days; $100 per day each day thereafter.
D. 
During adverse weather conditions or other emergencies, official towers may be requested by the City to tow stalled, parked or abandoned vehicles for the purpose of plowing or removing snow from streets or permitting a proper flow of traffic or otherwise correcting an emergency condition. For such towing service, official towers shall charge a maximum fee depending upon the type of vehicle towed in accordance with the fee schedule set forth above. The request for such towing shall be made by the City in writing.
E. 
Each official tower shall pay to the City of Clifton the sum of $20 for each vehicle towed under this article, which fee may be charged to the owner or operator of the vehicle, in addition to the rate set forth above. Said charge is hereby established to offset costs incurred by the City of Clifton in the administration of towing services, which consist of post-accident services, including, but not limited to, services such as physical inspection, telephone and/or fax calls, removal of personal items, additional paperwork and/or other administrative services. The official tower shall pay the above fees on a monthly basis to the Clifton Police Department, and said payments are due by the 15th day of the subsequent month. If payment is not made on a timely basis, the official tower may be suspended or terminated after a hearing before the Municipal Council. No fee shall be charged for City of Clifton vehicles.
F. 
Notice of rates; methods of payment; release.
(1) 
Every official tower shall furnish, at its expense, the owner of a disabled vehicle with a copy of the towing and storage rates as provided in this section and shall obtain a signature on the invoice furnished to the owner or operator of the vehicle acknowledging the amount paid at the time of payment of any fees paid in accordance with this section.
(2) 
An official tower shall accept at least two major credit cards for the owner or operator of a vehicle to pay for the services set forth herein to be provided by a tower.
G. 
All vehicles towed as the result of an accident, the blocking of a driveway or violation of a municipal parking ordinance shall be turned over to the owner or another tower authorized by the owner after settlement of all towing charges and upon presentation of proof of ownership to the official tower. All other towed vehicles, prior to being turned over to the owner thereof, must be released by the Chief of Police. All license plates shall be removed by the official tower after settlement of all towing charges and turned over to the owner of the vehicle at the owner's request without additional charge, provided that the same is not in conflict with state law.
H. 
Passenger vehicles will be moved to the outside of the tower's lot to allow for removal by the owner or his agent at no additional charge, provided that all towing charges have been paid.

§ 425-13 Requests from City to take priority.

During adverse weather conditions, heavy traffic conditions or emergency conditions, official towers shall give priority to requests from the City over any other requests which may be received by official towers.

§ 425-14 Towers to indemnify City.

Official towers shall indemnify and hold the City harmless from any claims, damages or liability which may arise by reason of the actions of the official tower or the official tower's agents, servants or employees in connection with furnishing the services required by this article. Such indemnification shall be in writing on a form prescribed by the City.

§ 425-15 Proof of insurance required.

A. 
Every official tower shall submit proof to the City, in the form of a certificate of insurance, that the official tower is insured by a regular service station or garage liability insurance policy with the following minimum policy limits:
(1) 
Liability for personal injury to one person in any one occurrence: $1,000,000.
(2) 
Total liability for all personal injuries sustained in any one occurrence: $3,000,000.
(3) 
Liability for property damage arising in any one occurrence: $500,000.
(4) 
Liability for damage to property of others while in the care, custody and control of the official tower and for loss or damage by fire or theft or property of others while in the care, custody or control of the official tower for each item of property: $50,000.
B. 
Said insurance policy shall be endorsed to include the City of Clifton as a named insured and shall include a standard severability of interest clause. Any additional cost for said endorsement shall be paid by the official tower.
C. 
Said insurance policy shall provide that the same cannot be canceled or materially changed without 30 days' prior written notice to City.
D. 
An official tower appointed under this article shall serve as an independent contractor only and shall in no way act as an agent, servant or employee of the City of Clifton.

§ 425-16 Records and inspections.

A. 
The towing operator shall maintain records of all vehicles towed, stored and released by it. Records shall be kept for a four-year period. These records shall include the name of the responding police officer, name of towing employee, the date and time of tow-in, destination towed, vehicle tag number and state, vehicle identification number, make, model, color and year of vehicle, itemized charges to the owner of the vehicle and the disposition of the vehicle and date thereof.
B. 
The towing operator shall maintain a record of all property found anywhere in the towed vehicle, including the trunk and glove compartment when open and where a key is available.
C. 
The City of Clifton shall, upon request, have access to any and all of these records and to conduct an audit of each tower's records at any time.

§ 425-17 Removal of accident debris; placement of safety devices.

In the event that an official tower is requested by the City to render services in accordance with this article at the scene of a motor vehicle accident, the official tower shall remove from the street all broken glass, metal and other debris resulting from said accident and shall place, at the scene of the accident, flares, flags and such other safety devices as may be necessary.

§ 425-18 Preservation of evidence.

Official towers shall take all reasonable precautions required by the Police Department to avoid damage to any evidence, such as fingerprints, when rendering services in accordance with the terms hereof. All motor vehicles which contain or involve evidence necessary to the Police Department of the City and stored by an official tower in accordance with this article shall be stored in a protected storage area, secure from all unauthorized persons.

§ 425-19 Failure to comply.

A. 
In the event that an official tower fails to comply or violates the provisions of this article, the Chief of Police shall report such failure or violation to the Municipal Council.
B. 
An official tower, after being provided a hearing and an opportunity to be heard before the Municipal Council, may be removed from the official towers' list or suspended therefrom, such suspension not to exceed six months, with or without cause.

§ 425-20 Observance of traffic regulations.

Official towers shall take every necessary precaution to prevent interference with traffic and shall obey all rules and regulations of the Traffic Division of the Police Department of the City and the Motor Vehicle Department of the State of New Jersey.
[Adopted 12-4-2007 by Ord. No. 6704-07]

§ 425-21 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BASIC TOWING SERVICE
Towing as defined in this section and other ancillary services as may be specified by regulation.
CITY
The City of Clifton.
CONSUMER
A natural person.
CONTRACT RATE
Fees for towing services established under a contract between a towing company and the City.
DECOUPLING FEE
A charge by a towing company for releasing a motor vehicle to its owner or operator when the vehicle has been, or is about to be, hooked, lifted or booted by a tower, but prior to the vehicle actually having been moved or removed from the property.
MOTOR VEHICLE
Includes all vehicles propelled otherwise than by muscle power, excepting such vehicles as run only upon rails or tracks and motorized bicycles, motorized scooters, motorized wheelchairs and motorized skateboards.
NONCONSENSUAL TOWING
The towing of a motor vehicle from private or public property without the consent of the owner or operator of the vehicle.
PERSON
An individual, a sole proprietorship, partnership, corporation, limited liability company or any other business entity.
STORAGE FACILITY
Any parcel of property owned or leased by a towing company located either within the City of Clifton or within a one-mile radius from the geographic boundary of the City of Clifton which has all the following specifications:
A. 
Contiguous to the towing company's place of business, except that a secondary lot may be located elsewhere in the City of Clifton or within a one-mile radius from the geographic boundary of the City of Clifton, to accept any overflow.
B. 
Adequate to store vehicles for an extended period of time.
C. 
Completely encircled by a fence not less than five feet high with at least one lockable gate for ingress and egress.
TOWING
The moving or removing from public or private property or from a storage facility of a motor vehicle that is damaged as a result of an accident or otherwise disabled, recovered after being stolen, or is parked illegally or otherwise without authorization, or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. Dues or other charges of clubs or associations which provide towing services to club or association members shall not be considered a service charge for purposes of this definition.
TOWING COMPANY/TOWING OPERATOR
A person offering or performing towing services.

§ 425-22 Signage requirements.

A. 
No person shall tow any motor vehicle for an unauthorized purpose from any privately owned parking lot, from other private property or from any common driveway without the consent of the motor vehicle owner or operator unless there is posted in a conspicuous place at all vehicular entrances to the property, which can easily be seen by the public, a sign no smaller than 36 inches high and 36 inches wide stating:
(1) 
The purpose or purposes for which parking is authorized and the times during which such parking is permitted;
(2) 
That unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner's expense;
(3) 
The name, address and telephone number of the towing company that will be performing the towing;
(4) 
The charges, which shall not exceed 150% of the maximum contract rates charged by official towers of the City as set forth in § 425-12 of the Code of the City of Clifton for the towing and storage of towed motor vehicles; and
(5) 
The street address of the storage facility where the towed vehicle can be redeemed after payment of the posted charges and the times during which the vehicle may be redeemed.
B. 
A towing company shall not remove a motor vehicle from private property without the consent of the owner or operator of the vehicle without first obtaining the written authorization from the property owner or lessee, or its employee or agent, who shall be present at the time of removal and verify the alleged violation if the towing is to occur during normal business hours of any premises at the location operated by the property owner or lessee authorizing the removal of the motor vehicle, except that general authorization in writing shall be sufficient for the removal of a motor vehicle parked on private property within 15 feet of a fire hydrant, standpipe or other water source for fighting fires; in a fire lane or in a manner that interferes with the entrance to or exit from the property or if the violation occurs at a time other than during normal business hours of the premises of the property owner or lessee authorizing the removal of the vehicle.
C. 
Except as provided in Subsection D of this section, the property owner or person in lawful possession of private property may cause the removal of a motor vehicle parked on the property to a storage facility if signs are posted on the property as required under Subsection A of this section and the towing company complies with all other requirements of this article.
D. 
The provisions of Subsection A of this section shall not apply to a motor vehicle parked on a lot or parcel on which is situated a single-family dwelling unit or an owner-occupied multiunit structure of not more than six units or in front of any driveway where the motor vehicle is blocking access to that driveway.

§ 425-23 Fees and rates.

A. 
All fees/rates charged by any towing company for services rendered or materials supplied shall be fair and equitable.
B. 
The maximum fees/rates which a towing company may charge for towing and storage shall not exceed 150% of the maximum contract rates charged by official towers of the City as set forth in § 425-12 of the Code of the City of Clifton for the towing and storage of towed motor vehicles.
C. 
A towing company's fee/rate for a towing service shall be presumed unreasonable and excessive if the fee exceeds 150% of the maximum contract rates charged by official towers of the City as set forth in § 425-12 of the Code of the City of Clifton for the towing and storage of towed motor vehicles.
D. 
Whenever a vehicle is towed from private property, the Police Department of the City of Clifton shall be notified at the time of the removal as to the reason of the towing; the year, make, model and license number of the vehicle being towed; the name and address of the vehicle owner, if known; the name and address of the towing operator; and the address or location to which the vehicle is being towed.

§ 425-24 Storage facility requirements.

A. 
No person shall tow a motor vehicle to a storage facility or store such a vehicle at a storage facility unless the storage facility:
(1) 
Has a business office open to the public between 8:00 a.m. and 6:00 p.m. at least five days a week, excluding holidays; and
(2) 
Is secured and, if it is an outdoor facility, lighted from dusk to dawn.
B. 
A towing company shall provide reasonable accommodations for after-hours release of stored motor vehicles and shall not charge a release fee or other charge for releasing motor vehicles to their owners after normal business hours or on weekends.
C. 
No vehicles removed from private property shall be stored on public property, including public streets.
D. 
A towing company's fee schedule shall be made available to the public during normal business hours.
E. 
No vehicle shall be removed to a storage facility located a distance of greater than one mile from the municipal boundaries of the City.

§ 425-25 Decoupling fee.

No towing company operating within the City shall tow or boot a vehicle or charge for its services where the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to the towing of the vehicle and agrees to immediately remove the vehicle from the property and requests the release of a vehicle that has been, or is about to be, hooked, lifted or booted but has not actually been moved or removed from the property or charge the owner or operator requesting release of the vehicle a decoupling fee.

§ 425-26 Municipal office or agency responsible for enforcement.

The provisions of this article shall be enforced by the Police Department of the City in accordance with due process of law.

§ 425-27 Observance of traffic regulations.

All towing operators shall take every necessary precaution to prevent interference with traffic and shall obey all rules and regulations of the Traffic Division of the Police Department of the City and the Motor Vehicle Department of the State of New Jersey.

§ 425-28 Violations and penalties.

Any person, firm or corporation who or which violates any of the provisions of this article shall, upon conviction, be subject to a fine not exceeding $250 or to imprisonment for a term not exceeding 90 days, or both. Each and every violation of this article or each and every day that any violation shall be permitted to continue shall be construed as a separate and distinct violation hereof.