It is the purpose of this chapter to provide nonexclusionary
and nondiscriminatory regulations governing the removal of motor vehicles
from private or public property on a rotating basis and for the subsequent
storage of such vehicles following removal, all as provided by N.J.S.A.
40A:11-5(1)(u).
As used in this chapter, the following terms shall have the
meanings indicated:
BASIC TOWING SERVICES
Towing as defined in this section and other ancillary services
as may be specified by the Director by regulation.
DECOUPLING FEE
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.
DIRECTOR
The Director of the Division of Consumer Affairs.
DIVISION
The Division of Consumer Affairs in the Department of Law
and Public Safety.
HEAVY-DUTY
A gross weight of at least 32,000 pounds.
MOTOR VEHICLE
Includes all vehicles propelled other than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles, motorized scooters, motorized wheelchairs and motorized
skateboards.
NONCONSENSUAL TOWING
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
PERSON
An individual, sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
PRIVATE PROPERTY OWNER
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.
PRIVATE PROPERTY TOWING
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.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
SECURE STORAGE FACILITY
A storage facility that is either completely indoors or is
surrounded by a fence, wall or other man-made barrier that is at least
six feet high and is lighted from dusk to dawn.
TOWING
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,
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.
VEHICLE
Any device in, upon or by which a person or property is or
may be transported upon a highway.
All applicants for a license shall submit an application in accordance with §
84-4 to the Gloucester City Police Department for investigation of the truth and accuracy of the information contained therein. Upon completion of his investigation, the officer in charge shall forward a copy of said application to the City Clerk along with a recommendation for approval or disapproval of the license and the reasons, if any, for disapproval. If the officer in charge finds that the applicant has met the requirements of this section, a license shall be issued to the applicant and the applicant's name placed at the end of the towing list. All licenses expire on June 30 of each year.
The contractor shall agree to indemnify and hold the City, its
officers, appointees, employees, representatives or agents, whether
paid or unpaid (including, without limitation, members of the City's
Police Department), harmless against any and all liability or claims
of liability for damage or injury to persons or property resulting
from the towing services provided by the contractor pursuant hereto,
with the exception of damage or injury to persons or property resulting
solely from the willful or negligent acts or omissions of such officers,
appointees, employees, representatives or agents.
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.