[Adopted 4-22-1971 by Ord. No. 14-1971]
When any member of the Atlantic City Police Department or other person having authority shall find or discover that a vehicle parked on any street or highway of the City of Atlantic City, including the Boardwalk, or on any city-owned property, or property leased to the city, or on property operated by the Atlantic City Parking Authority, and such vehicle is parked in violation of any City of Atlantic City ordinance or City of Atlantic City regulation and, particularly, the ordinance to which this Article is supplementary, known as Chapter
243, Vehicles and Traffic (Ordinance No. 23 of 1967), and its amendments and supplements, said automobile or vehicle shall be deemed to be illegally parked.
[Amended 3-21-1974 by Ord. No. 9-74; 4-17-1975 by Ord. No. 6-1975; 12-9-1976 by Ord. No. 34-1976; 2-3-1977 by Ord. No. 5-1977; 3-20-1978 by Ord. No.
16-1978; 2-28-1980 by Ord. No. 14-1980; 9-29-1981 by Ord. No.
62-1981; 2-1-1989 by Ord. No. 4-1989; 11-6-1996 by Ord. No.
62-1996; 9-20-2006 by Ord. No. 72-2006; 9-17-2008 by Ord. No.
84-2008]
A. When said police officer or other person having authority, namely traffic control officers, parking officers and fire personnel, finds any vehicle unlawfully parked as set forth in §
235-1 or parked in a location where, due to emergency conditions, the removal of said vehicle is necessary, he may cause or obtain the removal of such vehicle by having the same towed and impounded by the employees of the City of Atlantic City or any department, subdivision or agent thereof. When such vehicle is lawfully towed away and impounded pursuant to this article, the vehicle owner shall pay the following towing costs, based upon the vehicle's gross vehicle weight as listed on the vehicle registration document:
(1) Vehicles having a gross vehicle weight rating of 6,000 pounds or
less: $100.
(2) Vehicles having a gross vehicle weight of greater than 6,000 pounds,
up to and including 10,000 pounds: $200.
(3) Vehicles having a gross vehicle weight of greater than 10,000 pounds:
$350.
B. In addition thereto, there shall be an administrative fee of $25
and a charge for the storage of said vehicle after the first 12 hours,
up to and including the 10th day, of $30 per day, and from the 11th
day until said vehicle is removed from the storage area, a fee of
$35 per day shall be charged.
[Amended 6-14-2017 by Ord. No. 11-2017]
C. The payment of such charges to the City or its agents shall not relieve
the owner or operator of the vehicle unlawfully parked of the penalties
for such parking violation, and any vehicle so towed and impounded
shall first have placed therein or thereon, by the police officer
or the person having authority, a summons charging the owner or operator
of said unlawfully parked vehicle of the violation.
D. It is the intent of this article that all towing, impounding and
storage operations pursuant to this article shall be performed by
employees of the City of Atlantic City or any department or subdivision
thereof. Notwithstanding the foregoing, the Council of the City of
Atlantic City, after finding as a fact that the City has insufficient
towing personnel and/or equipment to tow sufficient vehicles to adequately
protect the health and safety of the people in Atlantic City, may
declare a towing emergency and contract the services of one or more
private towing companies on a temporary basis not to exceed 30 days
or until such time as the City can obtain for itself sufficient personnel
and/or equipment to perform the necessary towing or until the need
for such additional personnel and/or equipment subsides.
Any damage that might be caused to said illegally parked vehicle,
either in the process of towing and impounding, or otherwise, or any
theft from said car shall not be the responsibility of the City of
Atlantic City or any of its officers or employees but any hauler or
tower authorized by the city to tow and impound illegally parked automobiles
must post with the City Clerk liability insurance in an amount of
not less than $100,000/$300,000 for personal injury and at least $25,000
property damage, covering both the tower and the City of Atlantic
City.
It shall be unlawful for any person at any time to drive upon
or park a vehicle on the Boardwalk in Atlantic City or on the approaches
thereto unless said owner or operator of said vehicle obtains a permit
to drive upon said Boardwalk or to park a vehicle upon said Boardwalk
from the Director of Public Works.
Any unoccupied vehicle parked or standing in violation of this Article shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any peace officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage, as set forth in §
235-2 hereof, which may result from such removal, before regaining possession of the vehicle.
The effectiveness of this Article is contingent on signs being
erected as required by law.
Any person convicted of a violation of a provision of this Article or any supplement thereto shall be liable to the penalty as set forth more specifically in §
243-54 of Ch.
243, Vehicles and Traffic.
[Adopted 7-23-1986 by Ord. No. 36-1986]
As used in this Article, the following words, terms and phrases
shall have the meanings indicated:
DIRECTOR
The director of the Atlantic City department which oversees
the Division of Local Vehicle Licensing.
LICENSED TOWING COMPANY EMPLOYEE
Any person who operates a tow truck or is in the employee
of a licensed towing operator who has obtained a valid mercantile
license to operate a tow truck.
LICENSED TOWING LOT OPERATOR
Any person, company or corporation or other entity that has
obtained a mercantile license to tow vehicles from a parking facility.
PARK
To stand a vehicle for a period of time greater than is reasonably
necessary for loading and unloading therefrom of persons or property.
PARKING FACILITY
Any building, structure, garage, outdoor space, place, driveway,
parcel, yard or enclosure or any portion thereof, where motor vehicles
may be parked, stored, housed or kept.
VEHICLES
Any device upon or by which any person or property is transported
from one place to another.
[Added 9-6-2017 by Ord.
No. 25-2017]
A. No person shall tow any motor vehicle parked for an unauthorized
purpose or during a time at which such parking is not permitted 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:
(1) The person shall have entered into a contract for private property
towing with the owner of the property;
(2) 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:
(a)
The purpose or 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 towing company
that will perform the towing;
(d)
The charges for the towing and storage of towed motor vehicles;
(e)
The street address of the storage facility where the towed vehicles
can be redeemed after payment of the posted charges and the times
during which the vehicle may be redeemed; and
(f)
Such contact information for the Division of Consumer Affairs
as may be required by regulation.
(3) The property owner has authorized the person to remove the particular
motor vehicle; and
(4) The person tows the motor vehicle to a secure storage facility that
is located within a reasonable distance of the property from which
the vehicle was towed.
B. No private property owner shall authorize the towing of any motor
vehicle parked for an unauthorized purpose or during a time at which
such parking is not permitted from the private property owner's
property without the consent of the motor vehicle owner or operator,
unless:
(1) The private property owner has contracted with a private property
towing company for removal of vehicles parked on the property without
authorization; and
(2) A sign that conforms to the requirements of Subsection
A(2) of this section is posted on the property.
C. (Deleted by amendment, P.L.2009, c.39)
D. This section shall not apply to a motor vehicle parked on a lot or
parcel on which is situated a single family unit or an owner-occupied
multiunit structure of not more than six units or in front of any
driveway or garage entrance where the motor vehicle is blocking access
to that driveway or garage entrance.
E. Exemption to Subsection
A(2).
(1) The requirements of Subsection
A(2) of this section shall not apply to a residential community in which parking spaces are specifically assigned to community residents, provided that:
(a)
The assigned spaces are clearly marked as such; and
(b)
There is specific documented approval by the property owner
authorizing the removal of the particular vehicle; and
(c)
A sign, which can easily be seen by the public, is posted in
a conspicuous place at all vehicular entrances to the residential
community property, stating that unauthorized parking in an assigned
space is prohibited and unauthorized motor vehicles will be towed
at the owner's expense, and providing information or a telephone
number enabling the vehicle owner or operator to immediately obtain
information as to the location of the towed vehicle.
(2) The exemption in this subsection shall not apply to any private parking
lot or parcel owned or assigned to a commercial or other nonresidential
entity located in such residential communities.
[Amended 2-1-1989 by Ord. No. 5-1989; 4-20-2016 by Ord. No. 20-2016]
A. Every license granted shall entitle the licensee to operate the towing
facility or to drive a tow truck for a period of one year from July
1 to June 30 of the succeeding year. The mercantile license fees are
as follows:
|
Name of License
|
Fee
|
---|
|
Licensed towing operator
|
$600
|
|
Licensed tow truck employee
|
$150
|
|
Licensed storage facility
|
$600
|
|
Licensed tow truck
|
$50
|
[Added 2-27-1991 by Ord. No. 8-1991]
A. Notwithstanding any other provision in this article or in this Code or any other ordinance, the fees for towing and storage of vehicles that are damaged in accidents or recovered after being stolen shall be as further set forth in §
235-18 of this article.
B. Charges at accident scene.
[Added 4-12-2000 by Ord. No. 11-2000; amended 9-20-2006 by Ord. No.
72-2006; 9-17-2008 by Ord. No. 84-2008]
|
Service
|
Fee
|
|
Flipping automobiles over at accidents
|
$125
|
|
Off-road recovery
|
$125
|
|
Using two tow trucks
|
$75 extra
|
|
Using flatbed tow truck
|
$100 extra
|
|
Using dollie wheels and/or GoJaks®
|
$50 extra
|
|
Vehicles with trailer
|
$60 extra
|
[Added 2-27-1991 by Ord. No. 8-1991]
Fees for towing damaged or stolen vehicles shall be the maximum
allowed by N.J.A.C. 11:3-38.1 et seq., as it may be amended from time
to time. Effective January 1, 1991, and until such time as they may
be changed pursuant to state law or regulation, the fees shall be
as follows:
A. Towing fees: $100.
[Amended 4-12-2000 by Ord. No. 20-2000; 9-20-2006 by Ord. No.
72-2006]
B. Storage fees for each twenty-four-hour period:
[Amended 4-12-2000 by Ord. No. 19-2000; 9-20-2006 by Ord. No.
72-2006]
|
Type of Facility
|
Fee
|
---|
|
Inside building of 21 or more spaces
|
$13
|
|
Inside building of 10 to 20 spaces
|
$18
|
|
Inside building of less than 10 spaces
|
$22
|
|
Outside secured facility of 21 or more spaces
|
|
|
|
Motor vehicles
|
$25 for the first 10 days; $30 thereafter
|
|
|
Buses or trucks
|
$20
|
|
Outside secured facility of 10 to 20 spaces
|
$11
|
|
Outside secured facility of less than 10 spaces
|
$13
|
|
Outside unsecured facility of 21 or more spaces
|
$7
|
|
Outside unsecured facility of 10 to 20 spaces
|
$9
|
|
Outside unsecured facility of less than 10 spaces
|
$10
|
C. Storage fees shall commence when the vehicle arrives at the storage
facility.