[R.O. 1966 C.S. § 8:19-1; Ord.
6 S+FH, 6-17-1992 § 1;
amended 5-5-2021 by Ord. No. 6PSF-A, 05-05-2021; 3-15-2023 by Ord. No. 6PSF-B, 03-15-2023; 10-18-2023 by Ord. No. 6PSF-D, 10-18-2023]
As used in this chapter:
Means the act of placing, on a parked motor vehicle, a mechanical
device that is designed to immobilize and/or prohibit its usual manner
of movement.
[Added 3-15-2023 by Ord. No. 6PSF-B, 03-15-2023]
Any individual, sole proprietorship, partnership, corporation,
limited liability company or any other business entity offering or
performing booting or immobilization services.
[Added 10-18-2023 by Ord. No. 6PSF-D, 10-18-2023]
Shall mean every type of motor driven vehicle used for commercial
purposes on the streets and highways, such as the transportation of
goods, wares and merchandise, excepting such vehicles as are run only
upon rails or tracks and vehicles of the passenger car type used for
touring purposes or the carrying of farm products and milk, as the
case may be. It includes all motor vehicles used for the transportation
of passengers for hire, except commuter vans and vehicles used in
ridesharing arrangements and school buses, if same are not otherwise
used in the transportation of passengers for hire.
Shall mean the Director of the Department of Finance and/or
his designee.
Shall mean any operation in which a vehicle is moved without
the use of its own tires or wheels, except in the case of a motorcycle
or a motor scooter.
Any unusual conditions caused by civil disturbance or criminal
activity whereby the safety of the public is endangered or imperiled.
The occurrence of such an emergency shall be determined within the
discretion the Police Officer whom is making such declaration.
Shall mean any operation in which a vehicle is moved by loading
the vehicle onto a trailer and transporting without the use of its
own tires or wheels.
Includes booting, installing a windshield obstruction device,
or other means of impeding the usual manner of movement of a vehicle.
[Added 3-15-2023 by Ord. No. 6PSF-B, 03-15-2023]
Means an individual, sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
[Added 3-15-2023 by Ord. No. 6PSF-B, 03-15-2023]
Shall mean an automobile, station wagon, motorcycle, motor
scooter, jeep or mini-van type that is owned or hired, and is neither
used as a public or livery conveyance for passengers nor rented to
others with a driver; a motor vehicle with a pickup body, a delivery
sedan, a van or a panel truck or a camper type vehicle used for recreational
purposes, owned by an individual or by a husband and wife who are
residents of the same house-hold, not customarily used in the occupation,
profession or business of the insured. This definition does not include
any automobile used for hire.
Means non-consensual towing from private property or from
a storage facility by a motor vehicle of a 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.
[Added 3-15-2023 by Ord. No. 6PSF-B, 03-15-2023]
Means a person offering or performing private property towing
services.
[Added 3-15-2023 by Ord. No. 6PSF-B, 03-15-2023]
Minor motor vehicle debris or material within the area surrounding
the vehicle or within public road or highway and shall not include
hazardous materials or debris.
A facility used by a towing company to hold motor vehicles
after they have been towed.
The fees charged for the storage of motor vehicles and shall
accumulate by the calendar day.
A person(s) offering or performing towing services.
Shall mean the combined operation of removing and then replacing
a transmission locking pin, when such operation is necessary before
a vehicle can be moved.
Shall mean any operation in which a vehicle is moved on to
a roadway, from a position off the roadway, or any other operation
in which substantial work is required to prepare a vehicle for normal
towing.
Shall mean any vehicle which can be used to tow or otherwise
move another vehicle, and which is for hire, or used in connection
with another business.
[R.O. 1966 C.S. § 8:19-2; Ord.
6 S+FO, 2-17-1988 § 1; Ord. 6 PSF-D, 8-3-2016 § 12; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a.
No person shall operate or cause to be operated a wrecker upon the
streets of the City of Newark without first obtaining a license from
the Division of Tax Abatements/Special Taxes. All licenses issued,
and renewals thereof, under this chapter shall expire biennially on
May 31st after its date of issuance. If any applicant obtains an initial
license pursuant to this section after the renewal date or in between
a biennial cycle, the applicant will pay a pro-rated application fee.
The applicant's license will thereafter expire on May 31st in accordance
with the biennial licensing cycle. The Division of Tax Abatements/Special
Taxes shall establish administrative rules and/or regulations pertaining
to scheduling for the issuance of a wrecker operator's license. The
biennial fee for such license shall be $300.
b.
The license shall be affixed to the interior of the wrecker in a
permanent and conspicuous position.
[R.O. 1966 C.S. § 8:19-3; Ord.
6 S+FE, 4-3-1991 § 1; Ord. 6 S+FC, 10-6-1993 § 1; Ord. 6PSF-A(S), 1-7-2016; amended 5-5-2021 by Ord. No. 6PSF-A, 05-05-2021]
a.
The Director is hereby authorized and empowered to establish reasonable
rules and regulations governing the inspection and operation of wreckers.
b.
The Director shall have the power, consistent with due process of
law, to suspend or revoke a wrecker license for violation of safety
standards or rules and regulations of operation.
c.
The Director shall maintain proper records of licenses issued and
inspections made, and shall keep proper business records, and to have
them available for his inspection, and the inspection of the Division
of Police.
d.
All wreckers that are licensed by the City of Newark shall permanently
display on both sides of the wrecker the name of the owner of the
wrecker, his address and telephone number as well as the trade name
of the business using the wrecker.
e.
The operator of a motor vehicle which is in the process of being
towed for a parking violation of any municipal parking ordinances,
shall have the option of cancelling the tow, whether or not the vehicle
is engaged with the wrecker, by paying a $25 cancellation fee to the
wrecker operator. The cancellation offer must be made by the motor
vehicle operator prior to the wrecker departing the scene. The motor
vehicle operator must show proof of driver's license, registration
and insurance when paying the $25 cancellation fee which information
shall be recorded and a receipt given by the wrecker operator. The
wrecker operator shall provide the motor vehicle operator with a receipt
detailing the amount paid, the time, date, location, license plate
number and be signed off by the Police Officer on the scene (if possible).
After the motor vehicle operator displays the proper documentation
and pays the cancellation fee, the wrecker operator shall cancel the
tow regardless of whether or not the motor vehicle was engaged with
the wrecker. Nothing in this section shall provide for the cancellation
of any traffic summonses which may have been issued as a result of
the motor vehicle operator violating any traffic and parking ordinances.
f.
All storage facilities shall have a business office open to the public
between normal business hours, 8:00 a.m. and 6:00 p.m. at least five
(5) days a week. Towed vehicles may not be stored upon a public street
or alley, but must be stored by the operator within a secured storage
facility (inside or outside) which shall be lighted.
g.
A towing company shall not charge a release fee or other charge for
releasing motor vehicles to their owners after normal business hours
or on weekends.
h.
Availability and response time. Each towing company must have a business
office open to the public between 8:00 a.m. and 6:00 p.m. at least
five (5) days a week, excluding holidays; and weekends.
i.
Rates/fees. All towing companies shall make available a copy of their
basic rates and business practices including business terms, as established
by the City of Newark, as well as a copy of their business card. These
basic rates and business practices shall be prominently displayed
in public view in the lobby of its principal place of business. If
the towing company accepts credit card payments in accordance with
the Predatory Towing Prevention Act, N.J.S.A. 56:13-1 et seq., it
shall prominently post credit card payment regulations and information
in public view in the lobby of its principal place of business.
j.
All towing companies must have a designated person or have a calling
service, which provides information about towed vehicles.
k.
No vehicle shall be towed on any municipal, State, and/or Federal
holiday on public property for parking offenses, except for an emergency
purpose or the vehicle is involved in a criminal investigation.
l.
No towing company shall charge a victim of an active criminal investigation
for services.
[R.O. 1966 C.S. § 8:19-4]
No licensee shall operate or cause to be operated a wrecker
upon the street of the City of Newark until the wrecker is covered
by an insurance policy which is acceptable to the Director in coverage
and amount. No license shall be issued until the applicant presents
evidence to the Director that this requirement has been met.
[R.O. 1966 C.S. § 8:19-5; Ord.
6 PSF-D, 8-3-2016 § 12]
a.
No person shall drive or operate a wrecker in the City of Newark
unless he applies for and receives a wrecker driver's license from
the Division of Tax Abatements/Special Taxes.
b.
The Director of Finance shall establish reasonable rules and regulations
governing the issuance of such licenses, which rules and regulations
shall include the provisions that a license will not be issued unless
the applicant:
1.
Is over the age of 21;
2.
Has a regular New Jersey driver's license in effect;
3.
Is of sound health and not subject to epilepsy, vertigo, heart trouble
or any other infirmity of mind or body which might make him unfit
to safely operate a wrecker;
4.
Is not addicted to the use of any narcotics or intoxicating liquors;
5.
Has not been convicted of any high misdemeanor or felony within the
10 years next preceding the application.
c.
When issued, the license shall bear the photograph of the licensee.
The licensee shall have the license on his person whenever he drives
or operates a wrecker.
d.
A wrecker driver's license shall be issued free of charge, and shall
expire on May 31st after its date of issuance, unless sooner suspended
or revoked by the Director of Finance.
e.
The Director shall have the power, consistent with due process of
law, to suspend or revoke a wrecker driver's license for violation
of this chapter, or the rules and regulations established hereunder.
[R.O. 1966 C.S. § 8:19-6; Ord.
6 S+FN, 12-19-1990 § 1; Ord. 6 S+FJ, 2-20-1991 § 1; Ord. 6 S+FK, 2-20-1991; Ord. 6 S+FH, 10-16-1991; Ord. 6 S+FE, 6-3-1992 § 1; Ord. 6 S+FH, 6-17-1992 § 2; amended 5-5-2021 by Ord. No. 6PSF-A,
05-05-2021; 10-18-2023 by Ord. No. 6PSF-D, 10-18-2023; 10-18-2023 by Ord. No.
6PSF-D, 10-18-2023]
a.
This ordinance shall not supersede State Regulations N.J.S.A. 40:48-2.49
which permits a municipality to regulate by ordinance the removal
of motor vehicles from private or public property by operators engaged
in such practice, including but not limited to, the fees charged for
storage including non-discriminatory and non-exclusionary regulations
governing towing operators engaged in business and removing and storing
motor vehicles.
b.
The charges for services rendered by a licensee wholly within the
City of Newark shall not exceed the following rates:
1.
Basic
Towing.
|
Basic Towning
| |
|---|---|
|
Light Duty - up to 10,000 lbs.
|
Hook-Up $155
|
|
Medium Duty - 10,001-16,000 lbs.
|
$300 per hour
|
|
Heavy Duty - 16,001 and above
|
$500 per hour
|
|
Decoupling Fee (If tow is not performed)
|
½ of basic rate
|
2.
Storage
- Per Calendar Day (Inside rates are two times the outside rates).
|
Storage - Per Calendar Day (Inside rates are two times the outside
rates)
| |
|---|---|
|
Cars/light trucks -10' x 20' space
|
$50 per day
|
|
Trucks (dual wheels)/single axle
|
$125 per day
|
|
Tractor/dump truck/tractor and trailer combo/trailers
|
$125 per unit per day
|
|
Buses
|
$150 per day
|
|
Roll-off
|
$125 per day for each
|
|
cargo/accident debris/ load storage/ vehicle components - 10'
x 20' space
|
$50 per space used per day
|
|
Rental of any tow company supplied trailer post incident
|
$500 per day
|
3.
Recovery/Winching
(In addition to towing - per truck including driver).
|
Recovery/Winching (In addition to towing - per truck including
driver)
| |
|---|---|
|
Light/Medium Duty - 10,001-16,000 Lbs.
|
$350 per hour charged in ½ hour increments of $175 per
½ hour
|
|
Heavy Duty - 16,001 and above
|
$650 per hour
|
4.
Specialized
Recovery Equipment.
|
Specialized recovery equipmen
| |
|---|---|
|
Rotator/crane recovery unit
|
$1,200 per hour
|
|
Tractor with landoll trailer or detach trailer
|
$500 per hour
|
|
Tractor/transport hauler only
|
$350 per hour
|
|
Refrigerated trailer w/tractor
|
$550 per hour
|
|
Box trailer w/tractor
|
$500.00 per hour
|
|
Air cushion unit
|
$1,000 per hour
|
|
Light tower
|
$250 per hour
|
|
Pallet jack
|
$200 flat rate
|
|
Rollers
|
$200 flat rate
|
|
Any other specialized equipment
|
$300 per hour
|
|
Loader/backhoe/telescopic handler/bulldozer/bobcat
|
$400 per hour each
|
|
Forklift
|
$400 per hour
|
|
Dump truck/dump trailer w/tractor
|
$400 per hour
|
|
Roll-off with container
|
$400 per hour plus disposal
|
|
Recovery supervisor vehicle
|
$150 per hour
|
|
Scene safety equipment, communication equipment, traffic management
equipment, etc.
|
$250 per hour each type used
|
|
Recovery support vehicle/trailer additional recovery equipment
|
$350 per hour
|
5.
On Hook
Mileage.
|
On Hook Mileage
| |
|---|---|
|
Light duty
|
$7/per loaded miles
|
|
Medium duty
|
N/A
|
|
Heavy duty
|
N/A
|
6.
Fuel
Surcharge Chart - Tow and Mileage Cost Only.
|
Fuel Surcharge Chart - Tow and Mileage Cost Only
| |
|---|---|
|
Fuel Cost
|
Fuel Surcharge Percentage
|
|
$2.50
|
0%
|
|
$3.00
|
1%
|
|
$3.50
|
2%
|
|
$4.00
|
3%
|
|
$4.50
|
4%
|
|
$5.00
|
5%
|
|
$5.50
|
6%
|
|
$6.00
|
7%
|
|
$6.50
|
8%
|
|
$7.00
|
9%
|
|
$7.50
|
10%
|
|
$8.00
|
11%
|
c.
In cases where a licensee must hire laborers or rent other equipment,
all reasonable charges therefor, may be passed along to the owner
of the vehicle.
d.
For services to or from a point outside the City of Newark, the charges
shall be determined by mutual agreement of the licensee and customer.
e.
The driver or operator of a wrecker shall give the customer a receipt
for the amount paid and itemize each charge thereon.
f.
The maximum rates established by this section shall be printed on
a card approved by the Director, and affixed to the interior of each
wrecker in a permanent and conspicuous position.
g.
The service rates shall be reviewed biannually by the Director and
the Business Administrator to ensure that the licensee obtains a just
and reasonable return on their investments.
h.
Each licensee under this chapter shall maintain in good condition
at all times, at each entrance to such tow lot, a sign, to apprise
persons of the:
1.
Name of licensee;
2.
Address of premises;
3.
Opening and closing hours; and
4.
Rates charged for towing and storage.
Signs giving all the above information shall be erected only
at points of ingress on private property. If point of ingress is more
than 50 feet wide, the signs must be so positioned as to be no more
than 50 feet from the point of ingress.
The signs shall be of sheet metal or other suitable material
and shall be displayed at a height of not less than four feet (bottom
edge) and not more than 12 feet (top edge) above the street level.
No sign shall be less than 20 nor more than 50 square feet.
Signs shall be erected so as to be visible to a motorist before
he leaves the thoroughfare and before he enters the tow lot.
Signs shall be composed of a solid background and the letters,
numerals, or symbols shall all be of the same contrasting color. The
upper-case (capital) to be two inches high; all letters san serif.
Letters and numerals shall be proportionately spaced and shall neither
be contracted nor expanded so as to inhibit readability. Each classification
and the applicable rate or rates thereunder shall be listed on a separate
line not to exceed 40 inches in width. The lines shall be spaced 1 1/2
inches apart, as measured between the upper-case (capital) letters.
i.
If a vehicle is owned by a victim of a criminal investigation, then
the City will pay for the tow and seek reimbursement from the Victims
Compensation Fund.
[Added 5-5-2021 by Ord. No. 6PSF-A, 05-05-2021]
a.
All storage facilities operated of used by the towing companies shall
meet all local zoning and code requirements, and must be located within
five miles of the City of Newark.
b.
All storage facilities shall have a business office open to the public
between normal business hours 8:00 a.m. and 6:00 p.m. at least five
(5) days a week. Towed vehicles may not be stored upon a public street
or alley, but must be stored by the operator within a secured storage
facility (inside or outside) which shall be lighted.
c.
A towing company shall not charge a release fee or other charge for
releasing motor vehicles to their owners after normal business hours
or on weekends.
d.
All towing companies shall be responsible for ensuring the proper
and safe storage of all motor vehicles towed pursuant to this chapter
until final disposition and removal as ordered by the City of Newark,
Department of Public Safety, Division of Police. All vehicles, regardless
of condition, must be stored singly and so arranged to permit inspection
and subsequent removal when the vehicle is retrieved, sold, or otherwise
removed. Adequate walkway inspection space must be provided at all
times. The towing company shall be liable for any damage incurred
by such motor vehicles while in transit to or while stored in the
storage facilities.
e.
Clean-up required; fines. Towing companies are required, pursuant
to N.J.S.A. 39:4-56.8, to remove debris surrounding a motor vehicle,
or be subject to penalty. Any towing company under contract to the
City of Newark, after being called to remove a disabled motor vehicle,
who fails to remove from public roads or highways any minor motor
vehicle debris or material within the area surrounding that vehicle,
shall be subject to a fine of not less than $25 nor more than $50
if the debris or material is likely to cause injury to a person operating
a motor vehicle or substantial damage to another motor vehicle. A
towing company is not required to remove any hazardous debris or material.
[Added 5-5-2021 by Ord. No. 6PSF-A, 05-05-2021]
a.
The Department of Public Safety, Division of Police, shall create
an electronic mechanism to send motor vehicle release(s) or release
form(s) directly to towing companies and/or storage facilities.
b.
This release or release form shall be given upon request from the
towing company or storage facility, when an owner is trying to retrieve
their motor vehicle from the towing company or storage facility after
it has been towed.
c.
The Department of Public Safety, Division of Police, shall create
a portal on the City of Newark's website, which tracks by license
plate the following items, including but not limited to:
[R.O. 1966 C.S. § 8:19-7; amended 5-5-2021 by Ord. No. 6PSF-A,
05-05-2021; 10-18-2023 by Ord. No. 6PSF-D, 10-18-2023]
a.
Any person that operates a towing company or is the owner of private
property found guilty of violating any of the provisions of this Chapter
shall, upon conviction thereof, be subject to a fine of not more than
$500 or to imprisonment of not more than 30 days, or both.
b.
The penalties provided for in paragraph a shall be in addition to
any suspension or revocation of licenses as provided for in this chapter.
[Added 3-15-2023 by Ord. No. 6PSF-B, 03-15-2023; amended 10-18-2023 by Ord. No.
6PSF-D, 10-18-2023]
a.
No person shall boot or immobilize any motor vehicle parked for an
unauthorized purpose from:
1.
Any privately owned parking lot, or
2.
From other private property, or
3.
From any common driveway without the consent of the motor vehicle
owner or operator,
|
in the of City of Newark without first obtaining a license from
the Division of Tax Abatements/Special Taxes. All licenses issued,
and renewals thereof, under this Chapter shall expire biennially on
May 31st after its date of issuance. If any applicant obtains an initial
license pursuant to this section after the renewal date or in between
a biennial cycle, the applicant will pay a pro-rated application fee.
The applicant's license will thereafter expire on May 31st in accordance
with the biennial licensing cycle. The Division of Tax Abatements/Special
Taxes shall establish administrative rules and/or regulations pertaining
to scheduling for the issuance of a booting operator's license. The
biennial fee for such license shall be $300.
|
b.
It shall be unlawful to boot or immobilize a motor vehicle at any
location unless:
1.
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 thirty-six (36) inches high and thirty-six (36) inches wide stating:
(a)
The purpose or purposes for which parking is authorized and
the times during which such parking is permitted; and
(b)
That unauthorized parking is prohibited and unauthorized motor
vehicles will be booted or immobilized at the owner's expense; and
(c)
The name, address, and telephone number of the booting company
that will perform the booting or immobilization; and
(d)
The charges, which shall not exceed the fee specified in the
ordinance on file with the Municipal Clerk for the booting or immobilization
of motor vehicles.
c.
A booting company shall not boot or immobilize 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 Department of Public Safety, Division
of Police by way of notification herein below. 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.
d.
Except as provided in 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 in this section, or if the vehicle is parked on the property
for longer than forty-eight (48) hours without authorization.
e.
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 (6)
units.
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.
