[Adopted 6-21-2012 by Ord. No. 5-17-2012A[1]]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 370 but was renumbered for organizational purposes.
As used in this article the following terms shall have the meanings
indicated:
Booting (noun) means a vehicle immobilization device. Boot
(verb) means to install a vehicle immobilization device.
A charge by a booting company for removing the boot device
from a motor vehicle.
The Borough of Haledon, Passaic County, New Jersey.
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.
An individual, a sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
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.
The owner or lessee of private property, or an agent of such
owner or lessee.
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 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.
A.
No person shall offer to perform, or engage, or attempt to engage
in the business of booting unless registered with the Borough.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
A.
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.
B.
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.
A.
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
B.
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.
C.
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.
D.
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.
E.
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.
A.
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
|
B.
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.
C.
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.
No person shall boot a motor vehicle at any location within
the Borough unless:
A.
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;
B.
Can respond to a request to unboot a vehicle within one hour during the hours and days set forth in Subsection A above.
C.
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.
It shall be an unlawful practice for any booting company:
A.
To fail to affix on a motor vehicle used to provide booting services
the proper decal issued by the Borough.
B.
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 booting 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 booting on privately owned property motor vehicles
parked without authorization.
E.
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.
F.
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.
G.
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.
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.
A.
This article shall be enforced by the Haledon Borough Police Department.
B.
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.
C.
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.
D.
Any violation of the provisions of this article may also subject
the violator to a revocation or nonissuance of the registration required
herein.
E.
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.
F.
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.