Borough of Haledon, NJ General Booting Regulations

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.

PERSON

An individual, a sole proprietorship, partnership, corporation, limited liability company or any other business entity.

PRIVATE PROPERTY BOOTING

The nonconsensual booting of a motor vehicle on private property that is parked illegally, parked during a time at which such parking is not permitted, or otherwise parked without authorization, for which a service charge is made, either directly or indirectly.

PRIVATE PROPERTY OWNER

The owner or lessee of private property, or an agent of such owner or lessee.

VEHICLE

Any device in, upon or by which a person or property is or may be transported upon a highway.

§ 369-24 Purpose.

It is the purpose of this article to curtail the occurrence of predatory booting within the Borough of Haledon by regulating nonconsensual booting from private property not being performed on behalf of the Borough. This article is specifically not intended to apply nor shall it apply to any booting of any motor vehicle performed at the request of, on behalf of, or for the Borough of Haledon or its Police Department.

§ 369-25 Registration required.

No person shall offer to perform, or engage, or attempt to engage in the business of booting unless registered with the Borough.

An application for registration shall be made annually, on or before March 1 of each year, in writing to the Borough Clerk, in the form prescribed by the Borough Clerk, and shall be accompanied by a fee of $150.

The applicant shall state the complete street address of the location or locations from which the business of booting shall be conducted, indicating which is its principal location.

The applicant shall enumerate the types of booting devices that the applicant intends to use, including the vehicle registration numbers of the vehicles used to deliver and remove the boot devices.

The applicant shall provide the name, address and driver's license number of the applicant and any employees of the applicant that are expected to be involved in the operation of the applicant's vehicular equipment for the booting of motor vehicles. The applicant shall authorize the background check of the applicant and each of its employees, including the obtainment of a New Jersey driver's abstract.

The application shall include a valid original certificate of insurance from an insurer authorized to do business in the state for each of the insured motor vehicles that are to be utilized by the applicant.

The applicant shall include a schedule of the services that the applicant provides and the fee charged for each service, which shall meet the requirements of § 370-6.

The applicant shall disclose whether the applicant, or a person with an interest of 10% or more interest in the applicant, or any booting company in which such person has an interest of 10% or more, is subject to any of the disqualifications specified in § 370-4.

The applicant shall furnish any additional information concerning the personnel, vehicles, and equipment of the applicant as may be required by the Borough Clerk or Chief of the Borough Police Department during the review of the application.

If any of the information required in the application changes, or if additional information should be added after the filing of the application, the applicant shall provide that information to the Borough Clerk, in writing, within 30 calendar days of the change or addition. Any application to add an additional driver during the license term shall be accompanied by a fee of $25.

All applications filed with the Borough shall be granted or denied by the Borough Clerk, based upon the recommendation of Chief of the Borough Police Department, or his designee, upon review of same.

Upon issuance of the registration, the Borough Clerk shall provide the registrant with decals and accompanying notices to be affixed to each motor vehicle identified in the application as owned or leased by the registrant to be used to perform booting services.

§ 369-26 Refusal to issue; suspension or revocation of registration.

The Borough Clerk may refuse to issue, or may suspend or revoke any registration issued by him/her, upon the recommendation of the Chief of the Borough Police Department, or upon other proof that the applicant or holder of the registration or, if the applicant is an entity, a person with an interest of 10% or more in the applicant or holder of a registration, or any booting company in which such person was a person with an interest of 10% or more and was serving in such capacity at the time the conduct or conviction required to be disclosed occurred:

(1)

Has obtained a registration through fraud, deception or misrepresentation;

(2)

Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;

(3)

Has engaged in gross negligence or gross incompetence;

(4)

Has engaged in repeated acts of negligence or incompetence;

(5)

Has had a booting operation registration or license revoked or suspended by any other state, agency or authority for reasons consistent with this section;

(6)

Has violated or failed to comply on more than three occasions with the schedule of tariff or fee regulations herein; or

(7)

Has been convicted of:

(a)

A crime under Chapter 11, 12, 13, 14 or 15 of Title 2C of the New Jersey Statutes;

(b)

Motor vehicle theft or any crime involving a motor vehicle under Chapter 20 of Title 2C of the New Jersey Statutes; or

(c)

Any other crime under Title 2C of the New Jersey Statutes relating adversely to the performance of booting services or the storage of motor vehicles as determined by the Chief of the Borough Police Department.

A final refusal to register, or the suspension or revocation of a registration by the Borough Clerk, shall not be made except upon reasonable notice to the applicant or registrant, and an opportunity for the applicant or registrant to be heard.

§ 369-27 Private property booting.

No person shall boot any motor vehicle parked 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 the person is registered with the Borough, is authorized to act by the owner of the private property as set forth in Subsection B, and 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 booted at the owner's expense;

(3)

The name, address, and telephone number of the booting company that will perform the booting;

(4)

The charges, which shall not exceed the fee specified in ordinance on file with the Municipal Clerk for the booting of motor vehicles; and

A booting company shall not boot a motor vehicle on 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 verify the alleged violation with the Police Department by way of notification pursuant to § 370-9 hereinbelow, if it occurs during normal business hours of any premises at the location operated by the property owner or lessee authorizing the removal of the vehicle, except that general authorization in writing shall be sufficient for the removal of a motor vehicle parked on private property 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.

Except as provided in Subsection D of this section, the owner or person in lawful possession of private property may cause the booting of the motor vehicle parked on the property by a booting company registered and in compliance with this chapter if signs are posted on the property as required under Subsection A of this section, or if the vehicle is parked on the property for longer than 48 hours.

The provisions of 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.

A booting company must release the vehicle to its owner who returns to the vehicle while the booting company is still present at the location of the immobilized vehicle. In such instances, the booting company shall only charge the minor boot removal fee, and not require payment of the full boot removal fee.

§ 369-28 Schedule of services eligible for charging fee; reasonable fees.

A booting company may only charge a service fee for the following schedule of booting and storage services, unless otherwise provided for by state law:

	Service Provided	Fees (not to exceed)
	Full boot removal fee	$100
	Administration fee	$30
	Minor boot removal fee	$25

A booting company may not charge a service fee for booting and storage services which are ancillary to and shall be included as part of the booting removal or administrative fee not included in the schedule approved by the Borough.

A booting company must accept all forms of payment, such as a debit card, charge card or credit card, for payment in lieu of cash for boot removal if the operator ordinarily accepts such payment at his place of business.

§ 369-29 Place of business.

No person shall boot a motor vehicle at any location within the Borough unless:

The person is available to removal a boot from a motor vehicle during the hours of 8:00 a.m. and 6:00 p.m. at least five days a week, excluding holidays;

Can respond to a request to unboot a vehicle within one hour during the hours and days set forth in Subsection A above.

Can provide reasonable accommodations for after-hours unbooting of booted 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.

§ 369-30 Unlawful booting practices.

It shall be an unlawful practice for any booting company:

To fail to affix on a motor vehicle used to provide booting services the proper decal issued by the Borough.

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 booted 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 booted if that person was not present at the time the booting services were provided.

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 booting services.

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 booting on privately owned property motor vehicles parked without authorization.

To fail, when so requested by the owner or operator of a vehicle subject to nonconsensual booting, to release a vehicle to the owner or operator that has been booted when the vehicle owner or operator returns to the vehicle while the booting company is still present at the location of the immobilized vehicle, or to charge the owner or operator requesting release of the vehicle at that time more than the minor boot removal fee.

To charge any fee other than those charges established by municipal ordinance, or the rate specified in the booting 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.

To refuse to accept payment in lieu of cash for booting, such as a debit card, charge card or credit card, if the operator ordinarily accepts such payment at his place of business.

§ 369-31 Notification to Police Department.

The booting of any vehicle without the consent of the owner must be reported to the Haledon Borough Police Department prior to the booting of the vehicle. The booting operator must advise the Police Department of the time and place at which the vehicle was booted, the license number, the vehicle identification number, and the make, the model and color of the vehicle, in order to provide the Police Department the opportunity to verify that the license number matches the vehicle identification number.

§ 369-32 Enforcement; violations and penalties.

This article shall be enforced by the Haledon Borough Police Department.

Any violation of the provisions of this article, including the failure to register with the Borough as required herein, shall subject such violator, upon issuance of a summons and conviction in municipal court, and at the court's discretion, to a fine not exceeding $2,000, or imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof.

Except as otherwise provided, every day in which a violation of any provision of this chapter or any other ordinance of the Borough exists shall constitute a separate violation.

Any violation of the provisions of this article may also subject the violator to a revocation or nonissuance of the registration required herein.

In addition to any penalties or other remedies provided herein, the booting company that has billed a person an amount in excess of the fee specified in its filed schedule for the service provided shall reimburse such person for the excess cost.

The maximum penalty stated in this article is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.