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 the Director of the New Jersey Department of
Consumer Affairs by regulation.
BOROUGH
The Borough of Haledon, Passaic County, New Jersey.
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.
MOTOR VEHICLE
Includes all vehicles propelled otherwise than by muscular
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 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.
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.
PRIVATE PROPERTY TOWING
The nonconsensual towing by a motor vehicle from private
property or from a storage facility 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 the 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.
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,
is 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.
VEHICLE
Any device in, upon or by which a person or property is or
may be transported upon a highway.
It is the purpose of this article to curtail the occurrence of predatory towing within the Borough of Haledon by regulating nonconsensual towing from private property not being performed on behalf of the Borough. This article is specifically not intended to nor shall it apply to any recovery, tow or storage of any motor vehicle of any type whatsoever performed at the request of, on behalf of, or for the Borough of Haledon or its Police Department, which is governed by Chapter
369, Article
I, and contract between the Borough and the towing operator.
It shall be an unlawful practice for any towing company:
A. To fail to affix on a motor vehicle used to provide towing services
the proper decal issued by the Borough.
B. Provision of schedule of fees.
(1) Except as otherwise provided in Subsection
B(2), to fail to provide the person whose motor vehicle is to be towed, prior to providing any towing services, a written schedule of fees.
(2) To fail to provide the schedule and information required under Subsection
B(1) immediately upon being contacted by the person whose motor vehicle was towed, if that person was not present at the time the towing services were provided.
C. To make, give, or cause any undue or unreasonable preference or advantage
or undue or unreasonable prejudice or disadvantage to any person in
any particular locality, with respect to providing towing services.
D. To give any benefit or advantage, including a pecuniary benefit,
to any person for providing information about motor vehicles parked
for unauthorized purposes on privately owned property or otherwise
in connection with towing from privately owned property motor vehicles
parked without authorization. Nothing in this section shall preclude
a towing company, acting on behalf of a club or association, from
charging members of the club or association a fee at a rate established
by contract between the towing company and the club or association
which is lower than the rate specified in the towing company's
schedule on file with the Borough, provided that membership in such
club or association is generally available to the public.
E. To fail, when so requested by the owner or operator of a vehicle
subject to nonconsensual towing, to release a vehicle to the owner
or operator that has been, or is about to be, hooked or lifted but
has not actually been moved or removed from the property when the
vehicle owner or operator returns to the vehicle, or to charge the
owner or operator requesting release of the vehicle more than the
decoupling fee.
F. To charge any fee other than those charges established by municipal
ordinance or the rate specified in the towing company's schedule
on file with the Borough, or to charge a fee in an amount or for a
service not listed on the schedule on file with the Borough at the
time. Nothing in this section shall preclude a towing company, acting
on behalf of a club or association, from charging members of the club
or association a fee at a rate established by contract between the
towing company and the club or association which is lower than the
rate specified in the towing company's schedule on file with
the Borough, provided that membership in such club or association
is generally available to the public.
G. To refuse to accept for payment in lieu of cash or an insurance company
check for towing or storage services, such as a debit card, charge
card or credit card, if the operator ordinarily accepts such payment
at his place of business.
The towing of any vehicle without the consent of the owner must
be reported to the Haledon Borough Police Department prior to the
removal of the vehicle from the property. The towing operator must
advise the Police Department of the time and place from which the
vehicle was towed, the license number, the vehicle identification
number, the make, the model and color of the vehicle, and the location
to which the vehicle was towed, in order to provide the Police Department
the opportunity to verify that the license number matches the vehicle
identification number.