[Adopted 11-10-2016 by Ord. No. MC 3591]
As used in this article, the following terms shall have the
meanings indicated:
"Towing" as defined in this section and other ancillary services
as may be specified by the Director by regulation.
A natural person.
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.
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.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
An individual, a sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
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.
The nonconsensual towing from private property or from a
storage facility by a motor vehicle 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 moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
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.
An employee of the Township of Irvington who is authorized
by the Township to tow vehicles within the Township of Irvington for
purposes of this article only.
The towing company that has a current municipal contract
with the Township of Irvington to tow motor vehicles within the Township
of Irvington.
Any device in, upon or by which a person or property is or
may be transported upon a highway.
If a property owner wants an unauthorized vehicle towed from
their property they must call the Irvington Department of Public Safety
and request that an officer come out to tow the vehicle. The only
person that can request a tow is the property owner and/or a Township
official, not a tenant or visitor. Also the person requesting the
tow must show photo identification and provide their full name, address,
phone number and e-mail address to the police officer responding to
the call.
The towing of a vehicle can only be authorized by the following:
A.
The property owner who states that the vehicle was parked on their
property without permission and/or consent.
B.
A Township official who determines that the vehicle presents a public
safety hazard (harboring or infested with rodents, vermin, animals,
insects, etc., or remitting toxic fumes/chemicals into the environment)
or nuisance.
If it is determined by an officer of the Irvington Department
of Public Safety that the motor vehicle is unauthorized and prohibited
from parking on the property owner's property, then:
A.
The motor vehicles will be towed at the owner's expense;
B.
The name, address, and telephone number of the towing company that
will perform the towing shall be provided;
C.
The charges for the towing and storage of towed motor vehicles will
be charged to the owner of the motor vehicle;
D.
The street address of the storage facility where the towed vehicles
can be redeemed after payment of the posted charges and the times
during which the vehicle may be redeemed shall be provided.
Every towing company that performs private property or other
nonconsensual towing shall retain and make available for inspection
by the Division for a period of three years, invoices, job orders,
logs, claims for reimbursement from insurance companies and other
documentation relating to all consensual and nonconsensual towing
services performed and rates charged for the services.
