[HISTORY: Adopted by the Township Council of the Township of Lopatcong as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-17-1979 by Ord. No. 316]
[1]
Editor’s Note: Ordinance No. 2012-12, adopted 12-5-2012, changed the name of this article from "Abandoned Vehicles" to "Towing."
In applying and interpreting this article, the following definitions shall be used and have the meanings indicated:
ABANDONED MOTOR VEHICLE
Any motor vehicle which has remained on or along any highway or other public property or on private property without consent for a period of more than 48 hours or for any period without current license plates. Vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered "abandoned vehicles" for the purposes of this article.
AUTOMOBILE
A motor vehicle of a private passenger or station wagon type that is owned or leased and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body or delivery sedan or a van or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual or by a husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the owner(s), or leased.
[Added 6-17-1992 by Ord. No. 1992-07]
BASIC TOWING SERVICE
Private property towing and other nonconsensual towing as defined in this section and other ancillary services that include the following: arriving at the site from which a motor vehicle will be towed; 15 minutes' waiting time; hooking a motor vehicle to, or loading a motor vehicle onto, a tow truck; transporting a motor vehicle to a storage facility; unhooking or unloading a motor vehicle from the tow truck; and situating the motor vehicle in the space in which it will be stored. "Basic tow" also includes issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; issuing an itemized bill; three trips to the motor vehicle in storage, which, if applicable, include making a vehicle available to an insurance appraiser or adjuster; issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; and retrieving a motor vehicle from storage during the hours in which the storage facility is open.
[Added 6-17-1992 by Ord. No. 1992-07; amended 7-7-2010 by Ord. No. 2010-06; 12-5-2012 by Ord. No. 2012-12]
COMMERCIAL VEHICLE
Any vehicle other than that as defined as an automobile pursuant to the definitions as contained in this article.
[Added 6-17-1992 by Ord. No. 1992-07]
CONSUMER
A natural person.
[Added 7-7-2010 by Ord. No. 2010-06]
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 or lifted by a tower, but prior to the vehicle actually having been moved or removed from the property.
[Added 7-7-2010 by Ord. No. 2010-06]
DIRECTOR
The Director of the Division of Consumer Affairs.
[Added 7-7-2010 by Ord. No. 2010-06]
DIVISION
The Division of Consumer Affairs in the Department of Law and Public Safety.
[Added 7-7-2010 by Ord. No. 2010-06]
FLAT BED TOW TRUCK
A tow truck designed to transport a motor vehicle by means of raising the motor vehicle from road level up onto a hydraulic bed for transporting purposes.
[Added 12-5-2012 by Ord. No. 2012-12]
HEAVY-DUTY
A gross weight of at least 32,000 pounds.
[Added 7-7-2010 by Ord. No. 2010-06]
INSIDE BUILDING
A vehicle storage facility that is completely indoors, having one or more openings in the walls for storage and removal of vehicles and that is secured by a locking device during the hours the business is closed.
[Added 6-17-1992 by Ord. No. 1992-07]
LIGHT-MEDIUM-DUTY
A gross weight of less than 26,000 pounds.
[Added 7-7-2010 by Ord. No. 2010-06; amended 12-5-2012 by Ord. No. 2012-12]
MOTOR VEHICLE ACCIDENT
An occurrence in which a private passenger automobile in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the owner or operator of the motor vehicle even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the owner or operator of the motor vehicle.
[Added 6-17-1992 by Ord. No. 1992-07]
MOTOR VEHICLES
Includes all vehicles propelled other than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles, motorized scooters, motorized wheelchairs and motorized skateboards.
[Amended 7-7-2010 by Ord. No. 2010-06]
NONCONSENSUAL TOWING
The towing of a motor vehicle without the consent of the owner or operator of the vehicle. This definition includes towing a motor vehicle when law enforcement orders the vehicle to be towed, whether or not the owner or operator consents.
[Added 7-7-2010 by Ord. No. 2010-06; amended 12-5-2012 by Ord. No. 2012-12]
OUTSIDE SECURED
An automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six feet high. The facility is to be lighted at night.
[Added 6-17-1992 by Ord No. 1992-07]
OUTSIDE UNSECURED
An automobile storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier and all other storage facilities not defined above as inside building or outside secured.
[Added 6-17-1992 by Ord. No. 1992-07]
PERSON
An individual, sole proprietorship, partnership, corporation, limited liability company, or any other business entity.
[Amended 7-7-2010 by Ord. No. 2010-06]
PRIVATE PROPERTY
Any real property within the Township which is privately owned and which is not public property as defined in this section.
PRIVATE PROPERTY OWNER
The owner or lessee of private property, or an agent of such owner or lessee, but shall not include a private property towing company acting as an agent of such owner or lessee.
[Added 7-7-2010 by Ord. No. 2010-06]
PRIVATE PROPERTY TOWING
The nonconsensual towing from private property or from a storage facility by a motor vehicle of a consumer's motor vehicle that is parked illegally, parked during a time at which such parking is not permitted, or otherwise parked 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. This term shall not include the towing of a motor vehicle that has been abandoned on private property in violation of N.J.S.A. 39:4-56.5, provided that the abandoned vehicle is reported to the appropriate law enforcement agency prior to removal and the vehicle is removed in accordance with N.J.S.A. 39:4-56.6.
[Added 7-7-2010 by Ord. No. 2010-06]
PRIVATE PROPERTY TOWING COMPANY
A person offering or performing private property towing services.
[Added 7-7-2010 by Ord. No. 2010-06]
PUBLIC PROPERTY
Any street or highway, which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel and shall also mean any other publicly owned property or facility.
SECURE STORAGE FACILITY
A storage facility that is either completely indoors or is surrounded by a fence, wall or other man-made barrier that is at least six feet high and is lighted from dusk to dawn.
[Added 7-7-2010 by Ord. No. 2010-06]
SITE CLEANUP
The use of absorbents to soak up any liquids from a motor vehicle at the site from which a motor vehicle will be towed.
[Added 12-5-2012 by Ord. No. 2012-12]
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
The maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.
[Added 6-17-1992 by Ord. No. 1992-07]
STORAGE FACILITY
A space at which motor vehicles that have been towed are stored.
[Added 7-7-2010 by Ord. No. 2010-06]
TARPING
Covering a motor vehicle to prevent weather damage.
[Added 12-5-2012 by Ord. No. 2012-12]
TOWING
The moving or removing from public or private property or from a storage facility by a motor vehicle of a consumer's 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, parked during a time at which such parking is not permitted or otherwise parked 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.
[Added 7-7-2010 by Ord. No. 2010-06]
TOWING COMPANY
A person offering or performing towing services.
[Added 12-5-2012 by Ord. No. 2012-12]
TOWING SERVICE
A person engaged in the business or offering the services of a vehicle wrecker or towing service whereby abandoned motor vehicles are towed or otherwise removed from the places where they are abandoned by use of a wrecker or truck so designed for that purpose.
TOW TRUCK
A motor vehicle equipped with a boom or booms, winches, slings, tilt beds or similar equipment designed for the towing or recovery of motor vehicles.
[Added 12-5-2012 by Ord. No. 2012-12]
TOW VEHICLES
Only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or underreach equipment specifically designed by its manufacturer for the removal or transport of motor vehicles.
[Added 6-17-1992 by Ord. No. 1992-07]
TOW VEHICLE'S BASE OF SERVICE
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
[Added 6-17-1992 by Ord. No. 1992-07]
TOWNSHIP
The Township of Lopatcong, County of Warren and State of New Jersey.
TRANSMISSION DISCONNECT
Manipulating a motor vehicle's transmission so that the motor vehicle may be towed.
[Added 12-5-2012 by Ord. No. 2012-12]
VEHICLE
Any device in, upon or by which a person or property is or may be transported upon a highway.
[Added 7-7-2010 by Ord. No. 2010-06]
WAITING TIME
Any time a towing company spends at the site from which a motor vehicle will be towed, during which the towing company is prevented from performing any work by another individual, beyond the time included as part of a basic tow.
[Added 12-5-2012 by Ord. No. 2012-12]
WINCHING
The process of moving a motor vehicle by the use of chains, nylon slings or additional lengths of winch cable from a position that is not accessible for direct hookup for towing a motor vehicle. "Winching" includes recovering a motor vehicle that is not on the road and righting a motor vehicle that is on its side or upside down, but does not include pulling a motor vehicle onto a flatbed tow truck.
[Added 12-5-2012 by Ord. No. 2012-12]
WINDOW WRAP
Any material used to cover motor vehicle windows that have been damaged.
[Added 12-5-2012 by Ord. No. 2012-12]
A. 
The abandonment of a motor vehicle or any part thereof on any highway in this Township is unlawful and subject to the penalties as set forth herein. The abandonment of a motor vehicle or any part thereof on private or public property in view of the general public anywhere in the Township is unlawful except on property of the owner or bailee of such abandoned vehicle.
B. 
A motor vehicle or any part thereof so abandoned on private property may be authorized for removal by or upon the order of the Chief of the Police Department of the Township, after a waiting period of 48 hours or more has expired.
[Amended 12-28-1998 by Ord. No. 1998-36; 12-1-1999 by Ord. No. 1999-25]
C. 
This provision shall not be deemed to limit any other remedy or enforcement of remedy provided by state statute or local ordinance.
[Amended 6-17-1992 by Ord. No. 1992-07]
A. 
The Township Council shall appoint persons or companies meeting the criteria set forth in this article and 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 or companies shall be known as "official towers."
B. 
Official towers shall be identified by means of a license that shall be issued in accordance with the provisions of this article.
C. 
Not less than 75 days prior to the beginning of each three-year term of official towers' licenses, the Township shall advertise for applications for towing licenses for providing towing services pursuant to this article. The advertisement shall be published in the official Township newspaper.
D. 
All applicants shall submit their applications at least 60 days prior to the commencement date for each three-year period, and the applications shall be reviewed in accordance with the procedures set forth in this article. The award of a license to the successful applicants shall be subject to compliance with the license requirements of this article.
E. 
For the purposes of the license to be awarded pursuant to this article, in the year in which it is adopted, the initial term of the license shall be from the date the license is issued until December 31, 1994. A license issued thereafter shall be for a three-year period commencing on January 1 of the year in which it was issued and terminating three years thereafter.
F. 
Notwithstanding the provisions of this article that provide for a three-year term of the license, official towers shall submit, no later than December 1 of each year that the towing license is in effect, a detailed certification certifying that the official tower meets the requirements of this article in regard to the issuance of licenses. Said certification shall be submitted to the Chief of Police for his review and approval. Failure to submit the certification or failure to continue to abide by the requirements of this article in regard to the issuance of a towing license shall subject the official tower to revocation of the license in accordance with the procedures contained herein.
[Amended 6-17-1992 by Ord. No. 1992-07]
A. 
Official towers shall furnish adequate and proper wrecking, towing, storage and emergency repair services to motor vehicles damaged or disabled within the limits of the Township when requested to do so by the Chief of Police or his authorized designee.
B. 
No official tower shall subcontract any work to be performed pursuant to this article without having first obtained prior written approval from the Chief of Police. Any official tower to whom approval to subcontract work has been given shall be responsible for the services performed by the subcontractor and shall remain liable for any violation of this article by the subcontractor.
[Amended 6-17-1992 by Ord. No. 1992-07]
A. 
Applications for inclusion on the official towers list shall be made to the Township Council upon a form prepared by the Chief of Police and approved by the Township Attorney and shall contain all of the following information:
(1) 
The name, residence and business address and telephone number of the owner of the towing company. If the owner is a corporation, the application shall contain the name, residence and business address and telephone number of every stockholder owning more than 10% of the issued stock.
(2) 
Such information as may be required by the Mayor and Council concerning the personnel, vehicles, equipment and storage facilities of such applicant, as hereinafter provided, showing that the applicant meets the minimum standards of performance.
(3) 
A valid certificate of insurance and a schedule of insured vehicles that are to be utilized by the towing company from an insurer authorized to do business in the state, including the amounts of the garage keeper’s legal liability coverage and any “on hook” coverage as an endorsement or contained in a separate schedule, and liability insurance coverage, including in the case of each light-medium-duty tow truck, motor vehicle liability insurance coverage for the death of or injury to persons and damage to property for each accident or occurrence in the amount of at least $750,000 single limit, and in the case of each heavy-duty tow truck, motor vehicle liability insurance coverage for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of at least $1,000,000 single limit.
[Amended 7-7-2010 by Ord. No. 2010-06]
(4) 
The names and addresses of two business references who have known the applicant for at least two years.
(5) 
Certification that the applicant will be able to provide towing service 24 hours a day and that it will abide by the fees contained in or referred to in this article.
(6) 
Certification that the applicant will be able to provide towing services anywhere in the Township with a maximum response time of 20 minutes, except when extraordinary circumstances occur.
(7) 
A site plan showing the location of the storage area, the number of cars that can be stored and the total square footage area of the storage area or descriptive photographs of the same.
(8) 
Agreement to abide by the general rules and regulations established by the Chief of Police in connection with towing procedures within the Township.
(9) 
Documentation of the manufacturer’s gross vehicle weight rating for each tow truck.
[Added 7-7-2010 by Ord. No. 2010-06]
B. 
The applicant shall submit completed duplicate applications to the Township Clerk, who shall forward a copy to the Chief of Police for his review and approval. The review by the Chief of Police shall consist of the following:
(1) 
A background check to determine if either the applicant or the applicant's personnel have been convicted of a criminal offense or have had their drivers' licenses suspended or revoked within the past year. Conviction of a criminal offense or suspension of the driver's license within the past year shall be a cause for disqualification from inclusion on the official towers list.
(2) 
An inspection of the personnel, vehicles, equipment and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with applicable laws and regulations and the standards of performance required by this article.
C. 
An applicant may be included on the official towers list by the Township Council, by resolution adopted at a regular public meeting, when, from a consideration of the application and from such other information as may otherwise be obtained, it finds that all of the following circumstances exist:
(1) 
The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this article.
(2) 
The applicant has met the standards in this article and has furnished the required hold-harmless agreement and certificate(s) of insurance.
(3) 
The application has been reviewed and approved by the Chief of Police.
(4) 
Neither the applicant nor the applicant's personnel have been convicted of a criminal offense or had their drivers' licenses suspended within the past year.
D. 
The Chief of Police shall conduct his review and render a report to the Township Council recommending either approval or denial of the application within 21 days of receipt of the application from the Township Clerk. The Township Council shall take action with regard to the application within 14 days of receipt of the report of the Chief of Police. The applicant or its representative shall be given notice of the date on which the Township Council will consider the application and shall be permitted to appear and be heard at that time.
E. 
Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Township Council.
F. 
If the Township Council fails to take action within 60 days of the receipt of a complete application, the application shall be deemed to have been denied.
[Amended 6-17-1992 by Ord. No. 1992-07]
A. 
Upon approval of the application as herein provided, the Township Clerk shall issue the applicant an official towers license for each tow vehicle or flatbed vehicle to be utilized in providing service pursuant to this article.
B. 
Said licenses, which shall be in a form approved by the Township Council, shall be displayed on the tow vehicle or flatbed vehicle at all times.
C. 
The licenses shall be valid for the three-year period as set forth in this article, shall be nontransferable and shall be subject to revocation by the Township Council for any of the following reasons:
(1) 
If it is subsequently determined that the applicant knowingly and with intent to deceive made false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this article.
(2) 
Violation of any federal or state law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.
(3) 
Violation of any rule or regulation promulgated by the New Jersey Department of Insurance.
(4) 
Unsatisfactory service provided pursuant to this article.
(5) 
Failure to annually certify compliance with the requirements of this article as required by § 223-3F.
D. 
The license fee for the license issued under this section shall be $25 per license per vehicle. The fee for the annual review of certification and inspection of vehicles and equipment submitted by the official tower pursuant to § 223-3F of this article shall be $10 per vehicle.
E. 
Licenses shall not be transferable from one vehicle to another without the consent of the Chief of Police. Consent may be granted at the sole discretion of the Chief, if the licensee demonstrates that the transferee vehicle complies with all the requirements of this article.
[Amended 6-17-1992 by Ord. No. 1992-07]
To qualify for inclusion on the list of official towers, the applicant must meet the following minimum standards:
A. 
Minimum vehicle requirements.
(1) 
Every official tower shall maintain and have available to render services required by this article a minimum of one regular tow vehicle and one flatbed vehicle.
(2) 
Vehicle classes.
(a) 
Regular tow vehicles 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.
(b) 
Flatbed vehicles must be equipped with a winch or hydraulically operated bed which slides or tilts to accommodate transporting of vehicles.
(3) 
Every official tower shall have available a wrecker which shall be rated at 35,000 pounds and shall be capable of towing new-style buses and trucks with fiberglass front ends. These towers may be subcontracted but will meet applicable standards of performance and their time of arrival will be 30 minutes maximum.
(4) 
All equipment shall comply with all state and federal regulations and all vehicle operators shall possess a C.D.L. license for the size and weight of the vehicles to be lifted or towed. Exceptions will be during an emergency declared by the Chief of Police or his designee.
(5) 
Each applicant shall submit, along with its application, proof of ownership or lease of the vehicle which will be utilized to provide services pursuant to this article, with proper registrations.
B. 
Minimum equipment requirements.
(1) 
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a) 
At least one amber rotating beacon or strobe light mounted on the highest practical location on the vehicle, visible from 360° when in use and visible at a minimum distance of 500 feet during daylight hours.
(b) 
One snatch block per winch.
(c) 
Safety tow lights or magnetic tow lights for towing vehicles at night, amber colored.
(d) 
Extra chains and cable for pulling or securing a towed vehicle.
(e) 
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 operator to perform proper and adequate emergency repair services for the tow.
(2) 
Every tow vehicle or flatbed 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 designee at any time. No changes may be made in said vehicles or equipment unless prior written approval is obtained from the Township.
(3) 
Every tow vehicle or flatbed vehicle shall display the official tower's license and shall have the name of the official tower displayed on the vehicle in such manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
C. 
Minimum personnel requirements. Official towers shall have available at all times a minimum of one person to provide the services required by this article and one backup person of his employ. 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 able to provide minimum road service for disabled vehicles.
(2) 
Have valid drivers' licenses 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 Township and shall be approved by the Chief prior to rendering any services pursuant to this article.
(6) 
Not have been convicted of a crime nor had their driving privileges suspended or revoked within the past year.
D. 
Minimum storage requirements.
(1) 
Every official tower shall maintain an inside building or outside secured storage area meeting the following requirements:
(a) 
The storage area shall be capable of storing a minimum of five passenger vehicles, and all tractors and trailers should be hauled to the tower's property. The area shall have inside storage facilities to hold and protect police hold vehicles.
(b) 
The location of the storage area shall be either within the limits of the Township or at such location outside of the Township as to facilitate reasonable towing distances.
(c) 
The storage area shall be fully enclosed by a sturdy fence having a minimum height of six feet, with at least one lockable gate for ingress and egress, and shall be lighted from dusk to dawn.
(d) 
The storage area shall be in an area legally zoned for such use.
(e) 
The storage facility shall be available 24 hours a day, 365 days per year, and shall be open to the public on weekdays during normal business hours and for four hours on Saturdays. The applicant shall specify the hours on which the facility will be open on Saturdays. The applicant is not required to be open on Sundays.
(f) 
The official tower shall have an employee on duty during all hours in which the storage facility is open.
(g) 
The official tower shall not charge a release fee or other charge for releasing vehicles to their owners after normal business hours or on weekends.
(h) 
The official tower shall have available an area within the Township of Lopatcong to store vehicles involved in suspected crimes or criminal activities as directed by the Chief of Police, unless otherwise approved by the Chief of Police or his designee.
(2) 
The applicant shall, with its application, submit proof of ownership or lease of the storage area.
(3) 
The official tower shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this article. The official tower shall be liable for any damage incurred by such vehicles while in transit to or stored in the storage areas.
[Amended 6-17-1992 by Ord. No. 1992-07]
A. 
Official towers shall be placed on the official towers list at the beginning of each three-year period in accordance with the procedures as set forth in this article. The official towers shall rotate on the list for one week at a time or for such a period as designated by the Chief of Police in accordance with his rule-making authority under this article. Unless otherwise changed by the Chief of Police under his rule-making authority, the one-week rotation shall commence at 7:00 a.m., Monday, and terminate at 6:59 a.m. the following Monday.
B. 
The Township shall request wrecking, towing and storage services from each official tower in rotation. When called, the tower shall advise the dispatcher if a vehicle is available and the estimated time of arrival. If no tow vehicle is available or if, in the discretion of the Township official making the request, the response time is insufficient under the circumstances to properly protect the public health, safety or welfare, the next official tower on the list shall be called for that particular towing event. The official tower who is at the top of the list, however, shall remain on the top of the list for any subsequent calls until that tower's one-week period at the top of the list is finished.
C. 
All requests for service shall be made by the Chief of Police or his official designee.
D. 
The Township shall request service only from the official towers; provided, however, that if no emergency or road hazard exists, the Township 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 if none of the official towers are available or able to provide such services as are requested by the Township or if an emergency exists, the Township may request such services from any other available source.
E. 
During adverse weather conditions, heavy traffic conditions or emergency conditions, official towers shall give priority to requests from the Township over any other requests which may be received by the official towers.
F. 
In the event that an official tower responds to an assignment when they are not the tower on duty, the following action shall be taken against said tower.
[Added 12-5-2001 by Ord. No. 2001-37]
(1) 
First offense: suspension from the official towers list for a period of 30 days.
(2) 
Second offense: suspension from the official towers list for a period of 60 days.
(3) 
Third offense: permanent removal from the official towers list and return of the official towers license issued by the Township Clerk.
[Added 6-17-1992 by Ord. No. 1992-07]
The applicant shall agree, in writing, to assume the defense of and indemnify and hold harmless the Township, its elected officials, boards, commissions, officers, employees and agents from all suits, actions, damages or claims to which the Township may be subjected of any kind and nature whatsoever resulting from, caused by, arising out of or as a consequence of the provisions of towing, wrecking, storage and/or emergency services provided at the request of the Township pursuant to this article. Official towers shall enter into a hold-harmless agreement in a form to be prepared by the Township Attorney prior to being included on the official towers list.
[Added 6-17-1992 by Ord. No. 1992-07; amended 7-7-2010 by Ord. No. 2010-06; 12-5-2012 by Ord. No. 2012-12]
A. 
The minimum amounts of insurance a towing company shall secure and maintain are:
(1) 
Motor vehicle liability for a tow truck capable of towing a motor vehicle that is up to 26,000 pounds, for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of $750,000 single limit; and
(2) 
Motor vehicle liability for a tow truck capable of towing a motor vehicle that is more than 26,000 pounds, for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of $1,000,000 single limit.
B. 
A towing company shall also secure and maintain, for every tow truck, insurance that covers garage keeper legal liability in the amount of $100,000 and "on-hook" coverage, either as an endorsement on the insurance required by Subsection A above or in the amount of $100,000.
C. 
Policies of insurance shall be written by insurance companies authorized to do business in the State of New Jersey. Insurance companies shall be acceptable to the Township and shall have at least a B+ rating by a recognized rating service.
D. 
The Township of Lopatcong shall be named as an additional insured on all policies of insurance provided pursuant to this article. All certificates of insurance shall provide that the policies may not be canceled or terminated or coverage decreased without 30 days' written notice to the Township.
E. 
Policies of insurance required by this article shall be maintained in full force and effect at all times. In the event that any coverage is canceled, terminated, interrupted or decreased in amount, the tower shall be removed from the official towers list until such time as the required coverage is reinstated or replaced.
[Added 7-7-2010 by Ord. No. 2010-06[1]; amended 12-5-2012 by Ord. No. 2012-12]
A. 
A towing company that engages in private property towing or other nonconsensual towing shall tow motor vehicles only to storage facilities that:
(1) 
Have business offices open to the public between 8:00 a.m. and 6:00 p.m. at least five days a week; and
(2) 
Are secure storage facilities.
B. 
A towing company that engages in private property towing or other nonconsensual towing shall provide or arrange for after-hours release of stored motor vehicles.
C. 
A towing company that does not release a stored motor vehicle to its owner, or other person authorized to take the motor vehicle, during normal business hours when requested, as required by Subsection A(1) above, shall not charge a fee for after-hours release of the stored motor vehicle.
[1]
Editor's Note: This ordinance also provided for the redesignation of former § 223-8.3 as § 223-8.7.
[Added 7-7-2010 by Ord. No. 2010-06]
A. 
A private property towing company shall not remove a motor vehicle from private property without the consent of the owner or operator of the motor vehicle, unless:
(1) 
The private property towing company has entered into a written contract with the owner of the private property to provide private property towing services;
(2) 
The owner of the private property has posted a sign, in a conspicuous place at each vehicular entrance, at least 36 inches high and 36 inches wide stating:
(a) 
The purposes for which parking is authorized and the times during which such parking is permitted;
(b) 
That unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner's expense;
(c) 
The name, address and telephone number of the private property towing company that will perform the private property towing;
(d) 
The charges for the private property towing and storage of towed motor vehicles;
(e) 
The street address of the storage facility where towed motor vehicles can be redeemed after payment of the posted charges and the times during which a motor vehicle may be redeemed; and
(f) 
That a consumer may contact the Division of Consumer Affairs by calling 1-800-242-5846, Prompt No. 4;
(3) 
The property owner has authorized the private property towing company to remove the motor vehicle; and
(4) 
The private property towing company tows the motor vehicle to a secure storage facility having the capacity to receive it that is nearest to the site from which the motor vehicle is towed.
B. 
The provisions of Subsection A above shall not apply if a motor vehicle is parked:
(1) 
On a lot or parcel on which is situated a single-family unit;
(2) 
On a lot or parcel on which is situated an owner-occupied multi-unit structure of not more than six units; or
(3) 
In front of any driveway or garage entrance where the motor vehicle is blocking access to that driveway or entrance.
C. 
The provisions of Subsection A(2) above shall not apply if the private property from which the motor vehicle is to be towed is a residential community in which parking spaces are assigned to community residents and:
(1) 
The assigned spaces are clearly marked as such;
(2) 
There is documented approval from the private property owner authorizing the removal of the motor vehicle; and
(3) 
A sign is posted in a conspicuous place at all vehicular entrances that:
(a) 
States that unauthorized parking in an assigned space is prohibited;
(b) 
States that unauthorized vehicles will be towed at the owner's expense; and
(c) 
Includes information or a telephone number enabling the motor vehicle owner or operator to obtain information as to the location of the towed motor vehicle.
D. 
The exemption in Subsection C above shall not apply to a private parking lot or parcel owned or assigned to a commercial or other nonresidential entity located in the residential community.
[Added 7-7-2010 by Ord. No. 2010-06]
A. 
A private property towing company shall not provide any benefit to a person for information regarding a motor vehicle that may be towed from private property.
B. 
A private property towing company shall not refuse to release to the owner or operator a motor vehicle that has been hooked or lifted but not removed from private property.
C. 
A private property towing company releasing a motor vehicle pursuant to Subsection B above may charge the owner or operator of the motor vehicle a decoupling fee; it shall not charge the owner or operator any other fees.
[Added 7-7-2010 by Ord. No. 2010-06]
A. 
A towing company that engages in private property towing or other nonconsensual towing may charge fees for the following services:
(1) 
Basic tow, which shall be a flat fee; and
(2) 
In the case of a motor vehicle involved in an accident, for the following additional services, if actually performed:
(a) 
Waiting time in excess of 15 minutes, which shall be calculated based upon each 15 minutes spent at the site from which a motor vehicle will be towed, with fewer than 15 minutes rounded up to 15;
(b) 
Brush cleaning, including collection of debris that can be picked up by hand, which shall be a flat fee;
(c) 
Site clean-up, which shall be calculated based upon the number of bags of absorbent used;
(d) 
Winching, which shall be based upon each half hour spent performing winching;
(e) 
The use of window wrap, which shall be a flat fee;
(f) 
Tarping, which shall be a flat fee;
(g) 
Transmission disconnect, a flat fee, which shall be charged only if a motor vehicle is locked and the towing company is unable to obtain the keys for the motor vehicle;
(h) 
Use of a flat-bed tow truck, a flat fee, which shall be charged if a motor vehicle can be transported only by a flat-bed tow truck;
(i) 
Use of special equipment other than the first tow truck to recover a motor vehicle that cannot be recovered by winching or pieces of a motor vehicle that cannot be moved by hand, which may be both a labor and an equipment charge billed in half-hour increments;
(j) 
Decoupling;
(k) 
Storage at a towing company's storage facility;
(l) 
More than three trips to the motor vehicle in storage, which may be invoiced as an administrative fee, which shall be a flat fee; and
(m) 
Releasing a motor vehicle from a towing company's storage facility after normal business hours or on weekends, which shall be a flat fee.
B. 
A towing company that engages in private property towing or other nonconsensual towing shall not charge for the use of a flat-bed tow truck if a motor vehicle can safely be towed in an upright position by another type of tow truck, even if the private property towing company chooses to use a flat-bed tow truck for the tow.
C. 
A towing company that engages in private property towing or other nonconsensual towing may charge for the tolls it incurs driving to the site from which a motor vehicle will be towed and while towing the motor vehicle from that site to the towing company's storage facility.
D. 
A towing company that engages in private property towing or other nonconsensual towing shall calculate storage fees based upon full twenty-four-hour periods a motor vehicle is in the storage facility. For example, if a motor vehicle is towed to a storage facility at 7:00 p.m. on one day and the owner of the motor vehicle picks up the motor vehicle before 7:00 p.m. the next day, the towing company shall charge the owner of the motor vehicle only for one day of storage. If a motor vehicle is stored for more than 24 hours, but less than 48 hours, the towing company may charge for two days of storage.
E. 
A towing company shall not charge any fee for private property towing or other nonconsensual towing and related storage services not included in Subsection A above.
F. 
If a towing company charges a consumer a fee for a private property or other nonconsensual towing service that is disputed by the consumer, the parties shall use good faith efforts to resolve the dispute. If the parties are unable to resolve the dispute and the Director determines the fee to be unreasonable under N.J.A.C. 13:45A-31.5, the Director may order the towing company to reimburse the consumer for an amount equal to the difference between the charged fee and a reasonable fee, plus interest, as calculated pursuant to Subsection G below.
G. 
The interest rate imposed pursuant to Subsection F above shall be based on the average rate of return, to the nearest whole or half percent, for the corresponding preceding fiscal year terminating on June 30, of the State of New Jersey Cash Management Fund (state accounts) as reported by the Division of Investment of the Department of the Treasury.
H. 
A towing company performing a private property tow or other nonconsensual tow shall take the motor vehicle being towed to the towing company's storage facility having the capacity to receive it that is nearest to the site from which the motor vehicle is towed.
I. 
A bill for a private property tow or other nonconsensual tow shall include the time at which a towed motor vehicle was delivered to a towing company's storage facility.
[Added 6-17-1992 by Ord. No. 1992-07; amended 7-7-2010 by Ord. No. 2010-06; 12-5-2012 by Ord. No. 2012-12]
A. 
Fees for towing and storage of motor vehicles pursuant to this article shall be in accordance with the fees established by the Garden State Towers Association, Inc., and a copy shall be on file with the Township Clerk. An updated copy setting forth the fees in effect shall be maintained by each licensed tow truck operator and the Township Chief of Police.
[Amended 2-6-2019 by Ord. No. 2019-01]
B. 
The towing rates shall be calculated based on the total distance traveled from the tow vehicle's base of service to the job site and return by way of the shortest available route. Fractions shall be rounded up to the nearest whole mile.
C. 
The hourly rate listed above shall not be applied to routine towing, including flatbeds and/or service calls.
D. 
Tow vehicles transporting multiple passenger cars at one time shall receive the applicable fee for each vehicle transported.
[Added 7-7-2010 by Ord. No. 2010-06[1]]
A. 
A fee for private property towing or other nonconsensual towing services and storage services shall be presumed unreasonable if it is:
(1) 
More than 25% higher than the fee charged by the towing company or storage facility for the same services when provided with the consent of the owner or operator of the motor vehicle; or
(2) 
More than 50% higher than the fee charged for such other nonconsensual towing or related storage service by other towing companies or storage facilities operating in the municipality from which the vehicle was towed.
B. 
Notwithstanding Subsection A above, a fee will be presumed unreasonable if it exceeds the maximum amount that may be charged for the service according to a schedule of fees set forth in a municipal ordinance adopted pursuant to Section 1 of P.L. 1979, c. 101 (N.J.S.A. 40:48-2.49).
[1]
Editor's Note: This ordinance also provided for the redesignation of former §§ 223-8.4 through 223-8.5 as §§ 223-8.9 through 223-8.10, respectively.
[Added 6-17-1992 by Ord. No. 1992-07]
A. 
Copies of this article and the schedule of fees that may be charged by official towers shall be made available to the public during normal business hours at the Township Municipal Building. Copies shall also be made available to the public at each official tower's place of business.
B. 
All official towers shall post, in a prominent place at each storage area clearly visible to the public, a schedule of the fees that may be charged for all services provided pursuant to this article.
C. 
The Township reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all official towers.
D. 
The relationship between an official tower and the Township is one of an independent contractor. Neither party shall be construed in any manner whatsoever to be an employee of the other, nor shall any employee or agent furnished by any party be construed to be an employee or agent of the other party. Inclusion on the official towers list shall be construed or considered as a joint venture, partnership, association, contract of employment or profit-sharing agreement.
E. 
The municipality shall not be liable or responsible for compensating the official towers for any of the services performed under this article unless those services are performed for Township vehicles. Compensation shall be the responsibility of the owner of the towed motor vehicle, and the official tower shall proceed directly against the owner.
F. 
The official tower shall, at all times, be solely responsible for the conduct of its employees.
G. 
Each official tower shall keep and maintain adequate and complete records showing all vehicles towed, stored and released, all services rendered and all fees charged and collected. All records shall be available for inspection by the Township at any time during normal business hours. Records shall be kept and maintained by the official tower at one central location and shall be retained for a period of seven years. Records may be written, printed or computerized as long as the requirements of this subsection are met.
[Added 6-17-1992 by Ord. No. 1992-07]
A. 
In the event that a complaint is received by the Township involving the improper or unsatisfactory performance of services by an official tower, excessive charges or damage to a motor vehicle while in custody of the tower, written notice of the same shall be provided by the Township Clerk to the official tower involved. The tower shall have the opportunity to respond, in writing, within five days.
B. 
Within 14 days of receipt of the tower's response or within 21 days of receipt of the complaint if no response is received, the matter shall be presented by the Township Clerk to the Mayor and Council.
C. 
The Mayor and Council shall consider the matter at a regular public meeting and may request that the complainant and the tower involved appear to give testimony regarding the complaint.
D. 
If, after considering the matter, the Mayor and Council shall determine that one of the causes for revocation of the official tower's license, as set forth in § 223-6C, exists, the license shall be revoked and the tower shall surrender the same to the Township Administrator within one day.
E. 
Failure to surrender the license upon revocation shall constitute a violation of this article.
F. 
Nothing contained herein shall prevent or limit the right of any person to commence or maintain an action for damage or any other relief directly against an official tower in a court of competent jurisdiction.
A. 
When an abandoned motor vehicle comes into the temporary possession or custody of a person in this state, other than the owner of the vehicle, or without such person's permission, such person shall immediately notify the Police Department when the vehicle is within the corporate limits of the Township. Whenever a member of the Police Department or any person determines that a motor vehicle has been abandoned, he shall report such abandonment immediately to the Chief of Police.
B. 
Any person reporting the abandonment of a motor vehicle shall sign an affidavit stating that the motor vehicle has been abandoned for a period of more than 48 hours.
C. 
Upon receipt of such notification, the Chief of Police shall investigate and, if warranted, authorize a towing service under contract with the Township to remove and take possession of the abandoned motor vehicle. The towing service shall safely keep the towed vehicle and its contents, maintain a record of the tow until the vehicle is claimed by the owner or any person legally entitled to possession thereof or until it is disposed of as provided in this article.
When a motor vehicle has been abandoned on a highway in the Township for 48 hours or more, its removal by a towing service may be authorized by order of the Chief of Police Department of the Township. The owner of the vehicle will be responsible for all towing and storage costs.
[Amended 7-7-2010 by Ord. No. 2010-06]
A. 
A towing company that performs private property or other nonconsensual towing shall retain, for three years, the following records:
(1) 
Invoices for both consensual towing and nonconsensual towing services;
(2) 
Job orders;
(3) 
Documentation of waiting time;
(4) 
Logs, which shall include the time when a towed motor vehicle was delivered to the private property towing company’s storage facility and the date and purpose of each trip to the motor vehicle in storage;
(5) 
Documents relating to private property and other nonconsensual towing services performed and rates charged for services; and
(6) 
Any contracts under which the private property towing company is authorized to perform private property towing services.
B. 
A towing company that engages in private property towing or other nonconsensual towing shall make records retained pursuant to Subsection A above available for review by the Division upon request.
When the Township takes possession of a motor vehicle found abandoned, such taking of possession shall be reported immediately to the Director of the Division of Motor Vehicles on a form prescribed by him for verification of ownership. The Chief of Police, or such member acting for him, shall notify the registered and legal owner, in writing, by personal service or by registered mail, at the last known address of the owner, of the removal of such vehicle, the reason for same and the location of the vehicle.
Any time before a motor vehicle is sold at public sale or disposed of as provided herein, the owner or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner or other person under this section until payment of all reasonable costs or removal and storage of the vehicle and any fine or penalty and court costs assessed against him for a violation which gave rise to the seizure or taking possession of such vehicle.
The towing service shall notify the Police Department whenever an abandoned motor vehicle remains unclaimed by the registered owner or other person legally entitled to its possession for a period of 30 days after the notice has been given as provided herein. Pursuant to N.J.S.A. 39:10A-2, whenever an abandoned motor vehicle remains unclaimed for a period of 30 days, the Police Department shall cause it to be sold at public sale to the highest bidder. The Township shall give notice of such sale, by certified mail, to the owner, if his name and address are known, and to the holder of any security interest filed with the Director of Motor Vehicles and, by publication in a form to be prescribed by the Director, of one insertion at least five days before the date of the sale in one or more newspapers published in this state and circulated in the Township of Lopatcong.
A. 
When the identity of the registered owner or other person legally entitled to the possession of an abandoned motor vehicle cannot be determined by any means provided for in this article, the vehicle may be sold as provided herein or disposed of in the manner authorized by this article without notice to the registered owner or other person legally entitled to the possession of the vehicle.
B. 
Pursuant to N.J.S.A. 39:10A-3, if the Township shall, in its report to the Director of Motor Vehicles, certify on an application prescribed by him that such motor vehicle is incapable of being operated safely or of being put in a safe operational condition except at a cost in excess of the value thereof, it shall request the Division to forward to the Township a junk title certificate thereto, with proper assignment thereof, which shall be assigned and delivered to the purchaser of the vehicle at public sale.
C. 
A motor vehicle classified as an antique vehicle is excluded from this section.
When a motor vehicle in the custody of the Police Department is reclaimed by the registered owner or other legally entitled person or when the vehicle is sold at public sale or otherwise disposed of, as provided in this article, a report of the transaction and all records shall be maintained by the Police Department and the towing service for a period of two years from the date of the sale or disposal.
When a motor vehicle located within the corporate limits of the Township is authorized to be towed away by the Chief of Police and disposed of as set forth in this article, the proceeds of the public sale or disposition after the deduction of towing and storage charges, fines and court costs, shall be deposited in the Township treasury.
[Amended 2-19-1992 by Ord. No. 1992-02; 6-17-1992 by Ord. No. 1992-07]
A. 
Any person who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $2,000, imprisonment for not more than 90 days or community service for not more than 90 days, or any combination thereof. Each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In addition to the fine provided above, a violation of any of the provisions of this article shall be cause for revocation of the official tower's license.
[Adopted 5-5-1993 by Ord. No. 1993-08]
It is hereby determined and declared that the placing, abandoning, leaving, keeping or storage out of doors of any motor vehicle, not currently registered, inspected and insured for the current year, or other requirements of New Jersey Division of Motor Vehicles, or any unused machinery or equipment, is contrary and inimical to the public welfare.
A. 
No person shall place, abandon, leave, keep or store or permit the placing, abandoning, leaving, keeping or storing of any vehicles described by this article out of doors in the Township of Lopatcong. Nothing herein contained shall be deemed to prohibit the storage of any such vehicles in an enclosed garage, barn or other building.
B. 
A vehicle that is unregistered and uninsured, provided that said vehicle is properly covered with a car cover or tarpaulin, may be permitted for a period of three months on the vehicle owner's property. The area around where the vehicle is parked must be properly maintained and clear of grass and weeds.
[Amended 12-1-1999 by Ord. No. 1999-25]
A. 
At the discretion of the Police Chief, any person may maintain a motor vehicle altered for drag or stock car racing as long as said motor vehicle is maintained on registered trailers. Vehicles may not be kept in the front yard, and any work done on said vehicles shall not interfere with the setting of the neighborhood.
[Amended 12-1-1999 by Ord. No. 1999-25]
B. 
At the discretion of the Police Chief, the owners of antique motor vehicles, which are classified as such under the state statutes, are exempt from the provisions of this article as long as they are properly registered and all regulations set forth by the state are followed.
[Amended 12-1-1999 by Ord. No. 1999-25]
C. 
At the discretion of the Police Chief, farm machinery kept on the farmer's own premises shall be exempt from the articles of this article as long as they are maintained and kept in an orderly manner.
[Amended 12-1-1999 by Ord. No. 1999-25]
D. 
New or used automobile dealers that are licensed by the State of New Jersey for the purpose of displaying vehicles for sale to the general public and have received zoning approval will be exempt from this article as long as they hold a current dealer's license and do not retain vehicles on their lot that are not salable vehicles.
E. 
Licensed service stations (repair garages) and auto body repair shops will also be exempt from the provisions of this article as long as they are licensed by the State of New Jersey for the type of business they are conducting and have received zoning approval for the area where they are operating. They shall maintain a neat and orderly lot and limit the number of vehicles that are being kept on the lot for repairs, according to the size of the available space. No vehicle shall be kept on the lot for more than 30 days awaiting repairs.
[Amended 12-1-1999 by Ord. No. 1999-25]
If any uncovered vehicle described in this article shall be left for not less than 10 days on any private property, or if any covered vehicle described in this article shall be left for not less than three months, it shall be considered in violation, and notice shall be served. If the violation occurs on lands owned by the Township of Lopatcong, immediate action can be taken to correct the violation before notice is sent to the owner of the vehicle in question.
When a violation is observed, the Lopatcong Township Police Department or the Zoning Officer of the Township of Lopatcong shall serve notice to the tenant, owner or occupant in possession of the land that a violation exists. This notice will serve as notice that the violation must be corrected within 10 days of service of such notice. This notice shall be served upon the owner, tenant or occupant personally, by leaving it with any household member, by posting it at the residence in question or by posting it on the vehicle in question. If the owner is known to reside outside the Township, then notice shall be served upon him by certified mail, addressed to him at the address of record, such as the address on the tax rolls or address at New Jersey Division of Motor Vehicles. If this address is unascertained, then notice shall be published in the newspaper in which legal notices of the Township are published. Said owner, tenant or occupant shall so abate the violation within the time limit fixed by ordinance after receiving such notice.
It shall also be in violation of this article to leave vehicles on the roadway over 10 days while making repairs within the Township of Lopatcong.
No person operating a business within the limits of the Township of Lopatcong shall display or permit to be displayed any vehicle for sale, unless he has obtained approval from the Lopatcong Township Zoning Board and has been licensed by New Jersey Division of Motor Vehicles and adhered to the regulations set forth in N.J.S.A. 39:10-1 et seq., unless said vehicle is registered to the business owners or titled.
Whenever it shall appear to the Lopatcong Township Police Department or Zoning Officer of the Township of Lopatcong that a violation of this article occurs on Township property or any roads within the Township of Lopatcong, he shall:
A. 
Determine whether the vehicle constituting the violation constitutes or may constitute a traffic hazard to the public. If so, he shall have it removed to a nonhazardous location or the place of business of the duty tower until the owner shall come to claim it, as in the case of a disabled vehicle on the highway where the owner/operator fails to notify the police of the reason for it being there and when it is going to be removed.
B. 
If the vehicle is not creating a hazard, then, if he can, determine who the owner is and serve notice that the vehicle must be removed from the public property within 24 hours of service of the notice. Notice of the violation and abatement shall be by notice as stated in the previous section of this article. If the violation is not abated within that time, action shall be taken to remove the vehicle from the public property and to give the owner 10 days to reclaim the vehicle. If the vehicle is not reclaimed within the 10 days, the owner shall be brought before the Court to show cause why he violated this article.
If the owner of the vehicle fails to appear for court or reclaim the vehicle, said vehicle will then be taken into possession of the Police Department and shall be sold at public auction to offset the cost of removal and storage, as prescribed by law. In the event that said costs and such other penalties as may be levied, in accordance with this article, are in excess of the sale of the vehicle, the outstanding balance shall become a lien upon his property in accordance with law and be collected in the same manner ascribed and established for the collection of liens.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Anyone who shall violate any provision of this article shall, upon conviction thereof, be liable to a penalty of not more than $2,000, by imprisonment for not more than 90 days, or by a period of community service not to exceed 90 days, or any combination thereof. Each and every day said person fails to comply with the notice beyond the date fixed for compliance may be considered a separate and distinct violation.