As used in this article the following terms shall have the meanings
indicated:
BOOTING
Booting (noun) means a vehicle immobilization device. Boot
(verb) means to install a vehicle immobilization device.
BOOT REMOVAL FEE
A charge by a booting company for removing the boot device
from a motor vehicle.
BOROUGH
The Borough of Haledon, Passaic County, New Jersey.
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.
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.
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 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.
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. 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.
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.