Vehicles shall be removed as followed:
A.
Abandoned vehicles.
(1)
Abandoned vehicles as defined in this chapter shall be removed under
the direction and supervision of the Police Department on a twenty-four-hour-a-day
basis. All calls with respect thereto shall be answered within 30
minutes from the time of notification under normal conditions seven
days a week, anywhere within Township limits. Abandoned vehicles shall
be towed without charge to the Township to the aforementioned required
storage area and stored thereon for no longer than 20 days without
any charges or liens accruing against the Township. Abandoned vehicles
remaining after 20 days may be removed from the secured area, provided
that the Pemberton Township Police Department has applied for a junk
title pursuant to the provisions of Title 39.
(2)
The requirement to tow abandoned motor vehicles shall only apply
to public rights-of-way, easements, avenues and places, including
public parks and playgrounds, and all quasi-public areas. The owner
of private property shall be responsible for the removal of any unattended
or disabled vehicles located on their property.
(3)
The Township retains the right to require that the abandoned vehicle
shall be towed to municipal property and to retain any monies realized
from the sale at auction of such vehicles. The Township shall pay
the tower's reasonable fees as set forth in this chapter, and as limited
by applicable law, for towing and storing a vehicle sold in this manner
from the proceeds of the sale but in no event shall the Township be
required to pay the tower more than the sales price of the vehicle.
Abandoned vehicles, not claimed by the owner or lien holder, may be
sold at public auction pursuant to the provisions of N.J.S.A. 39:10A-1
through 7. Prior to sale at auction of any abandoned vehicle, the
Township will obtain the appropriate junk title or certificate of
ownership for said abandoned vehicle from the Division of Motor Vehicles.
B.
Vehicles not abandoned.
(1)
All vehicles involved in accidents, disablements, stolen vehicles,
vehicles involved in suspected crimes and the like shall be towed
and stored under the direction and supervision of the Police Department
24 hours a day, seven days a week. Vehicles shall be available for
release between the hours 8:00 a.m. to 6:00 p.m., Monday through Friday,
except legal holidays, and between the hours of 9:00 a.m. and 1:00
p.m., Saturday. Sunday hours are optional; however, no storage charge
for Sunday shall be assessed if a vehicle is picked up on Monday due
to the owner not receiving a release certificate from the Police Department
in time for Saturday pickup. In addition, no storage charge shall
accrue on any day that the tower is closed due to holiday or any other
reason. The tower shall arrive at the scene of the accident within
30 minutes under normal conditions after police notification. Repeated
late arrivals at the scene of accidents may result in a suspension
and/or the termination of the tower's services as otherwise provided
in this chapter.
(2)
In the event that the tower has been summoned by the Township for
purposes of towing a vehicle and the owner of the vehicle has also
informed the Police Department that he/she has summoned his/her own
tower and said tower arrives on the scene in a reasonable time, prior
to removal of the vehicle by the Township's tower, then the owner
is entitled to remove his own vehicle at no cost or expense to the
owner or the Township. There shall be no charge to the Township for
the tower appearing at the scene under said conditions.
(3)
Vehicles towed under this section shall be treated as abandoned vehicles pursuant to Subsection A above except where vehicle is abandoned at a repair facility pursuant to N.J.S.A. 39:10A-8 or where there is a dispute between the owner of a vehicle and a repair facility pursuant to N.J.S.A. 39:10A-9. A vehicle is abandoned at a repair facility solely when the owner of vehicle has authorized the repair facility to perform repairs on the vehicle, and shall not include towing and storage services, unless said towing and storage services are in conjunction with authorized repairs.
C.
Vehicles on private property.
(1)
No tower shall remove any motor vehicle parked for an unauthorized
purpose from any privately owned parking lot without the consent of
the motor vehicle owner or operator, unless:
(a)
The tower shall have entered into a contract for private property
towing with the owner of the property;
(b)
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 wide stating:
[1]
The purpose for which parking is authorized and the times during
which such parking is permitted;
[2]
That unauthorized parking is prohibited and will be towed at
the owner's expense;
[3]
The name, address, and telephone number of the towing company
that will perform the towing;
[4]
The charges for the towing and storage of motor vehicles;
[5]
The street address of the storage facility where the towed vehicle
can be redeemed after payment of the posted charges and the times
during which the vehicle may be redeemed;
[6]
Such contact information for the Division of Consumer Affairs
as may be required by regulation;
(c)
Subsection C(1)(b) above shall not apply to residential communities in which parking spaces are specifically assigned to community residents, provided that:
[1]
There is specific documented approval by the property owner
authorizing the removal of the particular vehicle;
[2]
The assigned spaces are clearly marked as such; and
[3]
A sign is posted at all vehicular entrances to the residential
community property, stating that unauthorized parking is prohibited
and providing information or a telephone number enable the vehicle
owner or operator to immediately obtain information as to the location
of the towed vehicle.
(d)
The property owner has authorized the person to remove the particular
motor vehicle and the owner has a contract with a tower for private
property towing services.
(2)
This section does 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.
D.
Township-owned vehicles. As consideration for the towing contracts authorized by this chapter, each tower shall be required to provide towing services to the Township for Township-owned vehicles at no cost to the Township five times per year. Towers shall not be required to provide free tows to Township-owned vehicles which require the use of heavy-duty equipment. After providing five free tows, or for vehicles requiring the use of heavy-duty equipment, towers shall charge the flat fee provided in § 170-18A for the tow of Township-owned vehicles.
[1]
Editor's Note: This chapter was vetoed by the Mayor, and said
veto was overridden by Council vote 12-4-2013.
The tower shall store the abandoned and nonabandoned vehicles
in the storage area as required in this chapter. The vehicles shall
be stored until claimed by the owner or until auctioned by the Township
in compliance with state law or as otherwise to be disposed of pursuant
to state law. Vehicles to be removed shall be towed to the tower's
storage area or to Township property at the discretion of the Police
Department.
