[HISTORY: Adopted by the Municipal Council
of the City of Clifton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-16-1987 by Ord. No. 5175-87; amended in its entirety 8-8-2001 by Ord. No. 6219-01]
As used in this article, the following terms
shall have the meanings indicated:
Any motor vehicle, including a flatbed, equipped with a winch
and hydraulically operated bed which slides or tilts to accommodate
loading, and is designed for towing and/or transporting of vehicles,
trailers, motor homes and other objects which cannot operate under
their own power or for some other reason must be transported in tow,
carriage or by control of another vehicle.
The City of Clifton.
Any parcel or property owned or leased by an official
tower and located within the City of Clifton which has all of the
following specifications:
Contiguous to the official tower's place of
business, except that a secondary lot may be located elsewhere within
the City of Clifton to accept any overflow.
Adequate to store vehicles for an extended period
of time.
Completely encircled by a fence not less than
five feet high with at least one lockable gate for ingress and egress.
Access to 800 square feet of inside storage
facilities to protect "police hold" vehicles.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
Any motor vehicle, including a wrecker or recovery vehicle,
equipped with booms, winches, wheel lift or other similar equipment
designed for the recovery and towing of vehicles, trailers, motor
homes or other objects which cannot operate under their own power
or for some other reason must be transported in the tow or control
of another vehicle.
A tow vehicle having a truck chassis with a manufacturer's
rated capacity between 10,000 and 19,999 pounds gross vehicle weight.
A tow vehicle having a truck chassis with a manufacturer's
rated capacity of 33,000 or more pounds gross vehicle weight.
A tow vehicle having a truck chassis with a manufacturer's
rated capacity of at least 10,000 pounds gross vehicle weight.
A.
The Municipal Council of the City of Clifton shall
appoint persons engaged in the business of offering the services of
a motor vehicle towing or wrecker service, whereby damaged or disabled
motor vehicles are towed or otherwise removed from the place where
they are damaged or disabled, by use of a tow vehicle, as defined
in this article. Such persons shall be known as "official towers"
and shall serve as such at the pleasure of the Municipal Council of
the City. No official tower shall subcontract any work to be performed
by him for the City without having first obtained prior written approval
from the Municipal Council. Any official tower who subcontracts work
shall remain liable for any violation by the subcontractor of this
article. The official tower shall tow the vehicle to any location
within the City of Clifton requested by the owner or operator of the
vehicle, provided that payment is made to the tower at the time of
the tow.
B.
The list of designated official towers containing
the company name, address, telephone number and maximum towing fees
shall be printed and circulated in the City of Clifton pursuant to
N.J.S.A. 40A:11-5(u). The list shall be available for inspection in
the office of the City Clerk by any member of the general public upon
request.
C.
Any person or entity desiring to be appointed or reappointed as an
official tower shall, on an annual basis, file with the Clifton Police
Department an application on a form furnished by the Clifton Police
Department. Applications for appointment and reappointment must be
submitted by May 1 of each year and the appointment/reappointment
term shall run from July 1 to June 30 each year. The Clifton Police
Department shall process the application to ensure that the applicant
meets the minimum requirements to qualify as an official tower under
this article. Applicants who meet the minimum requirements to qualify
as an official tower under this article shall be submitted to the
Municipal Council for consideration for appointment or reappointment
as an official tower.
[Added 3-21-2023 by Ord.
No. 7809-23]
D.
Each applicant seeking to be appointed or reappointment as an official
tower shall pay to the City of Clifton an application fee of $200
to offset the costs incurred by the City in processing the application,
conducting the required investigations and inspections of the applicant's
facilities.
[Added 3-21-2023 by Ord.
No. 7809-23]
E.
The number of official towers shall not exceed four official towers
at anytime.
[Added 3-21-2023 by Ord.
No. 7809-23]
Official towers shall furnish adequate and proper
wrecking, towing, storage and emergency repair services to motor vehicles
within the limits of the City, with the exception of motor vehicles
on toll roads, when requested to do so by the City.
A.
The City shall request such services from each official
tower in rotation. When called, the official tower shall advise the
dispatcher if a tow vehicle is available and the estimated time of
arrival. If no tow vehicle is available or if the estimated or actual
time of arrival exceeds 30 minutes, the next official tower in rotation
shall automatically be called, and the original tower called shall
be placed at the bottom of the rotation list.
B.
There shall be two rotation lists established; one
of such lists being composed of all official towers and the other
such list being composed of those official towers having Class II
tow vehicles capable of towing motor vehicles weighing in excess of
four tons. Class III carrier/flatbed tow vehicles shall be considered
the same as Class I tow vehicles for purposes of the rotation list.
The City shall request such service only from
official towers; provided, however, that, if no emergency or road
hazard exists, the City shall request such services from such other
person as the owner of the motor vehicle in need of such services
may request; and provided further that, in the event that none of
the official towers are available or able to provide such services
as are requested by the City, or in the event of an emergency, the
City may request such services from any other available source.
All requests made by the City of official towers
shall be made by the City Manager, City Engineer, Assistant City Engineer,
the general foreman of the Public Works Department or any member of
the Police Department or Fire Public Safety Department.
A.
Every official tower shall maintain and have available to render services required by this article a minimum of one Class I tow vehicle. To qualify for inclusion on the rotation list established in § 425-4 of this article for towing of vehicles having a weight in excess of four tons, an official tower shall maintain and have available a minimum of one Class II tow vehicle. There shall be no minimum requirement for Class III tow vehicles, any official tower having such a vehicle shall be called upon in normal rotation order if a tow vehicle in the Class III category is needed for a tow of a vehicle under four tons.
B.
Vehicle classes.
(1)
Class I tow vehicle: Each Class I tow vehicle must
be equipped with a boom or winch assembly mounted on the chassis,
a dolly assembly, a tow sling or wheel lift assembly and at least
100 feet of either three-eighths-inch or seven-sixteenths-inch cable
attached to a motor-driven winch.
(2)
Class II tow vehicle: Each Class II tow vehicle must
be equipped with a complete boom or winch assembly mounted on the
chassis having a manufacturer's winch or boom rating of at least 25
tons, a tow sling or wheel lift assembly, an air supply so constructed
as to supply air to disabled vehicles and at least 200 feet of one-half-inch
or larger cable attached to each motor-driven winch.
(3)
Class III tow vehicle: Each Class III tow vehicle
must be equipped with a winch or hydraulically operated bed which
slides or tilts to accommodate transporting of vehicles.
A.
Every class tow vehicle shall be equipped with the
following:
(1)
At least one amber rotating beacon or strobe light
mounted on the highest practical location of the tow vehicles, visible
from 360º when in use and visible at a minimum distance of 500
feet during daylight hours.
(2)
One snatch block per winch.
(3)
Safety tow lights or magnetic tow lights for towing
vehicles at night, amber colored.
(4)
Extra chains and cables for pulling or securing a
towed vehicle.
(5)
At least one heavy-duty broom, a shovel, a crowbar
or prybar, a set of jumper cables, a flashlight, one two-pound or
larger fire extinguisher of dry chemical type, one dozen flares or
similar warning devices for placement at the scene of an accident
or behind a disabled vehicle, at least 10 pounds of dry sand or a
drying compound for gasoline and oil spilled onto the roadway and
a sufficient quantity and types of tools to enable the tow vehicle
operator to perform proper and adequate emergency repair services
for the tow.
B.
Every tow vehicle shall comply with any and all state,
federal and local laws, regulations and ordinances pertaining to safety,
lighting and towing equipment requirements and shall be subject to
inspection by the Chief of Police or his designate at any time. No
changes may be made in said vehicles or equipment unless prior written
approval is obtained from the City.
C.
Every tow vehicle shall have the name of the official
tower displayed on the tow vehicle in such manner and of such lettering
as conforms to the provisions of N.J.S.A. 39:4-46.
A.
Official towers shall have available, at all times,
a minimum of two persons to provide the services required by this
article. All persons employed by official towers to provide the services
required by this article shall meet the following requirements and
be subject to the following regulations. They shall:
(1)
Be competent mechanics.
(2)
Have a valid driver's license having no restrictions
or conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(3)
Be mentally alert and present a neat appearance at
all times.
(4)
Obey all traffic laws and regulations.
(5)
Be subject to inspection by the Chief of Police of
the City and shall be approved by the Chief prior to rendering any
services required by the terms hereof. Such approval shall be evidenced
by an identification card issued by the Clifton Police Department,
which card shall be carried by all tow vehicle drivers and presented
upon request to any police officer.
(6)
Be fingerprinted by the Clifton Police Department
or its designee. The fingerprints must be clear and readily classifiable
as determined in the sole discretion of the Chief of Police of the
City of Clifton or his/her designee.
[Amended 3-21-2023 by Ord. No. 7809-23]
(7)
Not have been convicted of a crime nor had their driving
privileges suspended or revoked within the last five years, for any
reason other than unpaid parking tickets pursuant to the Parking Offenses
Adjudication Act, or administrative suspension for any minor nonmoving
violation.
[Amended 4-5-2005 by Ord. No. 6470-05]
B.
All fees for fingerprinting and/or background checks
shall be paid by the applicant.
A.
All vehicles towed by an official tower must be stored
within the City of Clifton.
B.
Every official tower shall maintain within the City
of Clifton an inside protected building storage area capable of storing
a minimum of four passenger vehicles, which storage area shall contain
a minimum area of 800 square feet.
C.
Every official tower shall maintain an outside protected
storage area capable of storing a minimum of 40 passenger vehicles
and two tractors and trailers.
D.
The driveways leading to and from the storage area
and 25 feet beyond the gate the width of the driveway shall be paved
and maintained in good condition.
[Added 12-3-2002 by Ord. No. 6318-02]
E.
Every official tower shall provide the City of Clifton with proof
of ownership of its storage facilities in the form of a deed or leasehold
rights to the storage facilities in the form of a written lease agreement
between the official tower and its landlord/property owner. The lease
term shall not expire until at least three months past the term of
the official tower's appointment/reappointment.
[Added 3-21-2023 by Ord.
No. 7809-23]
A.
Within 24 hours after an official tower is requested
to render service to the City, the official tower shall file a report
with the Police Department of the City setting forth the following
information:
(1)
Make of the vehicle.
(2)
License number of the vehicle.
(3)
Motor number of the vehicle.
(4)
Number of tires on the vehicle.
(5)
A description of all tools and other personal property
which is found in the vehicle.
(6)
A description of the general condition and any damage
of the vehicle.
(7)
If the vehicle was towed, the place from which it
was towed and the place to which it was towed.
(8)
If the vehicle was stored, the place where it was
stored.
(9)
All other necessary and pertinent information requested
by the Police Department of the City.
B.
Each month, every official tower shall forward copies
of each and every invoice rendered in its capacity as an official
tower for the preceding month to the Chief of Police. Each invoice
shall include the following information: date of service, time of
service, type of service performed, distance to and from tower's base
of operation to accident scene or location of stolen vehicle and rate
charged for towing service, in addition to a description of the storage
facility towed to (inside building, outside secured or outside unsecured)
and the number of spaces located within said storage facility.
[Amended 7-15-2008 by Ord. No. 6749-08]
A.
Within 10 days following original appointment as an official tower,
or upon the adoption of this article, whichever is later, said official
tower shall file with the City the official tower's rates for services
to be rendered or materials to be supplied in accordance with the
terms of this article. Said official tower shall file with the City
any changes in said rates within 30 days prior to initiating the same.
B.
All rates charged by official towers for services rendered or materials
supplied shall be fair and equitable.
C.
In accordance with N.J.S.A. 40:48-2.49 et seq., the City of Clifton
hereby establishes the following schedule of fees and other charges
which an official tower may charge for towing and storage of motor
vehicles. Official towers shall not charge a fee in excess of the
following enumerated rates:
[Amended 9-17-2008 by Ord. No. 6759-08; 1-21-2014 by Ord. No.
7134-14; 6-21-2022 by Ord. No. 7745-22; 3-21-2023 by Ord. No. 7809-23]
(3)
On-hook mileage, light duty, medium duty and heavy duty: $7 per loaded
mile.
(5)
Specialized recovery equipment.
(a)
Rotator/crane recovery unit: $1,200/hour.
(b)
Tractor with landoll trailer or detach trailer: $500/hour.
(c)
Tractor/transport hauler only: $350/hour.
(d)
Refrigerated trailer w/tractor: $550/hour.
(e)
Box trailer w/tractor: $500/hour.
(f)
Air cushion unit: $1,000/hour.
(g)
Light tower: $250/hour.
(h)
Pallet jack: $200 flat rate.
(i)
Rollers: $200 flat rate.
(j)
Any other specialized equipment: $300/hour.
(k)
Loader/backhoe/telescopic handler/bulldozer/Bobcat: $400/hour.
(l)
Forklift: $400/hour.
(m)
Dump truck/dump trailer w/tractor: $400/hour.
(n)
Roll-off with container: $400/hour plus disposal.
(o)
Recovery supervisor vehicle: $150/hour.
(p)
Scene safety equipment, communication equipment, traffic management
equipment, etc.: $250/hour each type used.
(q)
Recovery support vehicle/trailer additional recovery equipment:
$350 per hour.
(6)
Labor. All labor minimum of one hour.
(a)
Accident minor clean-up and disposal and disposal of debris:
$75/hour plus absorbant materials used.
(b)
Recovery Supervisor and/or Level III Recovery Specialist: $250/hour
charges limited to one per incident.
(c)
Certified towing operator: $150/hour per man.
(d)
Manuel laborers: $125/hour per man.
(7)
Storage, per calendar day (inside rates two times outside rates).
(a)
Cars/light trucks, ten-foot by twenty-foot space: $50 per day.
(b)
Trucks (dual wheels)/single axle: $125 per day.
(c)
Tractor/dump truck/tractor and trailer combo/trailers: $125
per unit per day.
(d)
Buses: $150 per day.
(e)
Roll-off: $125 per day for each.
(f)
Cargo/accident debris/load storage/vehicles components ten-foot
by twenty-foot Space: $50 per day per space used.
(g)
Rental of any tow company supplied supplied trailer post incident:
$500 per day.
(8)
Additional services/notes.
(a)
Fuel/haz-mat/cargo spills clean-up and disposal: time and material.
(b)
Hazmat and trash recovery: surcharged 10%.
(c)
Subcontractor mark-up: 20%.
(d)
Administrative charge only after 3rd car, only visit to vehicle:
$50.
(e)
Administration charge, - medium/heavy truck: $200.
(f)
After hours release: $85.
(g)
Notification documentation fee: $75.
(h)
Tarping/wrapping vehicle: $90 per car; $250 per truck.
(i)
Fuel surcharge: see chart below.
(9)
Fuel Surcharge Chart, tow and mileage cost only.
|
Fuel Cost
|
Fuel Surcharge Percentage
|
|---|---|
|
$2.50
|
0%
|
|
$3
|
1%
|
|
$3.50
|
2%
|
|
$4
|
3%
|
|
$4.50
|
4%
|
|
$5
|
5%
|
|
$5.50
|
6%
|
|
$6
|
7%
|
|
$6.50
|
8%
|
|
$7
|
9%
|
|
$7.50
|
10%
|
|
$8
|
11%
|
D.
During adverse weather conditions or other emergencies, official
towers may be requested by the City to tow stalled, parked or abandoned
vehicles for the purpose of plowing or removing snow from streets
or permitting a proper flow of traffic or otherwise correcting an
emergency condition. For such towing service, official towers shall
charge a maximum fee depending upon the type of vehicle towed in accordance
with the fee schedule set forth above. The request for such towing
shall be made by the City in writing.
E.
Notice of rates; methods of payment; release.
[Amended 9-4-2018 by Ord.
No. 7473-18; 3-21-2023 by Ord. No. 7809-23]
(1)
Every official tower shall furnish, at its expense, the owner of
a disabled vehicle with a copy of the towing and storage rates as
provided in this section and shall obtain a signature on the invoice
furnished to the owner or operator of the vehicle acknowledging the
amount paid at the time of payment of any fees paid in accordance
with this section.
(2)
An official tower shall accept at least two major credit cards for
the owner or operator of a vehicle to pay for the services set forth
herein to be provided by a tower.
F.
Notice of rates; methods of payment; release.
(1)
Every official tower shall furnish, at its expense, the owner of
a disabled vehicle with a copy of the towing and storage rates as
provided in this section and shall obtain a signature on the invoice
furnished to the owner or operator of the vehicle acknowledging the
amount paid at the time of payment of any fees paid in accordance
with this section.
(2)
An official tower shall accept at least two major credit cards for
the owner or operator of a vehicle to pay for the services set forth
herein to be provided by a tower.
G.
All vehicles towed as the result of an accident, the blocking of
a driveway or violation of a municipal parking ordinance shall be
turned over to the owner or another tower authorized by the owner
after settlement of all towing charges and upon presentation of proof
of ownership to the official tower. All other towed vehicles, prior
to being turned over to the owner thereof, must be released by the
Chief of Police. All license plates shall be removed by the official
tower after settlement of all towing charges and turned over to the
owner of the vehicle at the owner's request without additional charge,
provided that the same is not in conflict with state law.
H.
Passenger vehicles will be moved to the outside of the tower's lot
to allow for removal by the owner or his agent at no additional charge,
provided that all towing charges have been paid.
During adverse weather conditions, heavy traffic
conditions or emergency conditions, official towers shall give priority
to requests from the City over any other requests which may be received
by official towers.
Official towers shall indemnify and hold the
City harmless from any claims, damages or liability which may arise
by reason of the actions of the official tower or the official tower's
agents, servants or employees in connection with furnishing the services
required by this article. Such indemnification shall be in writing
on a form prescribed by the City.
A.
Every official tower shall submit proof to the City,
in the form of a certificate of insurance, that the official tower
is insured by a regular service station or garage liability insurance
policy with the following minimum policy limits:
(1)
Liability for personal injury to one person in any
one occurrence: $1,000,000.
(2)
Total liability for all personal injuries sustained
in any one occurrence: $3,000,000.
(3)
Liability for property damage arising in any one occurrence:
$500,000.
(4)
Liability for damage to property of others while in
the care, custody and control of the official tower and for loss or
damage by fire or theft or property of others while in the care, custody
or control of the official tower for each item of property: $50,000.
B.
Said insurance policy shall be endorsed to include
the City of Clifton as a named insured and shall include a standard
severability of interest clause. Any additional cost for said endorsement
shall be paid by the official tower.
C.
Said insurance policy shall provide that the same
cannot be canceled or materially changed without 30 days' prior written
notice to City.
D.
An official tower appointed under this article shall
serve as an independent contractor only and shall in no way act as
an agent, servant or employee of the City of Clifton.
A.
The towing operator shall maintain records of all
vehicles towed, stored and released by it. Records shall be kept for
a four-year period. These records shall include the name of the responding
police officer, name of towing employee, the date and time of tow-in,
destination towed, vehicle tag number and state, vehicle identification
number, make, model, color and year of vehicle, itemized charges to
the owner of the vehicle and the disposition of the vehicle and date
thereof.
B.
The towing operator shall maintain a record of all
property found anywhere in the towed vehicle, including the trunk
and glove compartment when open and where a key is available.
C.
The City of Clifton shall, upon request, have access
to any and all of these records and to conduct an audit of each tower's
records at any time.
In the event that an official tower is requested
by the City to render services in accordance with this article at
the scene of a motor vehicle accident, the official tower shall remove
from the street all broken glass, metal and other debris resulting
from said accident and shall place, at the scene of the accident,
flares, flags and such other safety devices as may be necessary.
Official towers shall take all reasonable precautions
required by the Police Department to avoid damage to any evidence,
such as fingerprints, when rendering services in accordance with the
terms hereof. All motor vehicles which contain or involve evidence
necessary to the Police Department of the City and stored by an official
tower in accordance with this article shall be stored in a protected
storage area, secure from all unauthorized persons.
A.
In the event that an official tower fails to comply
or violates the provisions of this article, the Chief of Police shall
report such failure or violation to the Municipal Council.
B.
An official tower, after being provided a hearing
and an opportunity to be heard before the Municipal Council, may be
removed from the official towers' list or suspended therefrom, such
suspension not to exceed six months, with or without cause.
Official towers shall take every necessary precaution
to prevent interference with traffic and shall obey all rules and
regulations of the Traffic Division of the Police Department of the
City and the Motor Vehicle Department of the State of New Jersey.
[Adopted 12-4-2007 by Ord. No. 6704-07]
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 regulation.
The City of Clifton.
A natural person.
Fees for towing services established under a contract between
a towing company and the City.
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, lifted or booted by a tower, but prior to the vehicle
actually having been moved or removed from the property.
Includes all vehicles propelled otherwise than by muscle
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 from private or public property
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.
Any parcel of property owned or leased by a towing company
located either within the City of Clifton or within a one-mile radius
from the geographic boundary of the City of Clifton which has all
the following specifications:
Contiguous to the towing company's place of
business, except that a secondary lot may be located elsewhere in
the City of Clifton or within a one-mile radius from the geographic
boundary of the City of Clifton, to accept any overflow.
Adequate to store vehicles for an extended period
of time.
Completely encircled by a fence not less than
five feet high with at least one lockable gate for ingress and egress.
The moving or removing from public or private property or
from a storage facility of a 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, 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.
A person offering or performing towing services.
A.
No person shall tow any motor vehicle for an unauthorized
purpose from any privately owned parking lot, from other private property
or from any common driveway without the consent of the motor vehicle
owner or operator unless 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 high and 36 inches
wide stating:
(1)
The purpose or purposes for which parking is authorized
and the times during which such parking is permitted;
(2)
That unauthorized parking is prohibited and unauthorized
motor vehicles will be towed at the owner's expense;
(3)
The name, address and telephone number of the towing
company that will be performing the towing;
(4)
The charges, which shall not exceed 150% of the maximum contract rates charged by official towers of the City as set forth in § 425-12 of the Code of the City of Clifton for the towing and storage of towed motor vehicles; and
(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.
B.
A towing company shall not remove a motor vehicle
from 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
be present at the time of removal and verify the alleged violation
if the towing is to occur during normal business hours of any premises
at the location operated by the property owner or lessee authorizing
the removal of the motor vehicle, except that general authorization
in writing shall be sufficient for the removal of a motor vehicle
parked on private property within 15 feet of a fire hydrant, standpipe
or other water source for fighting fires; in a fire lane or in a manner
that interferes with the entrance to or exit from the property or
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.
C.
Except as provided in Subsection D of this section, the property owner or person in lawful possession of private property may cause the removal of a motor vehicle parked on the property to a storage facility if signs are posted on the property as required under Subsection A of this section and the towing company complies with all other requirements of this article.
D.
The provisions of Subsection A of this section shall not apply to a motor vehicle parked on a lot or parcel on which is situated a single-family dwelling unit or an owner-occupied multiunit structure of not more than six units or in front of any driveway where the motor vehicle is blocking access to that driveway.
A.
All fees/rates charged by any towing company for services
rendered or materials supplied shall be fair and equitable.
B.
The maximum fees/rates which a towing company may charge for towing and storage shall not exceed 150% of the maximum contract rates charged by official towers of the City as set forth in § 425-12 of the Code of the City of Clifton for the towing and storage of towed motor vehicles.
C.
A towing company's fee/rate for a towing service shall be presumed unreasonable and excessive if the fee exceeds 150% of the maximum contract rates charged by official towers of the City as set forth in § 425-12 of the Code of the City of Clifton for the towing and storage of towed motor vehicles.
D.
Whenever a vehicle is towed from private property,
the Police Department of the City of Clifton shall be notified at
the time of the removal as to the reason of the towing; the year,
make, model and license number of the vehicle being towed; the name
and address of the vehicle owner, if known; the name and address of
the towing operator; and the address or location to which the vehicle
is being towed.
A.
No person shall tow a motor vehicle to a storage facility
or store such a vehicle at a storage facility unless the storage facility:
B.
A towing company shall provide reasonable accommodations
for after-hours release of stored motor 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.
C.
No vehicles removed from private property shall be
stored on public property, including public streets.
D.
A towing company's fee schedule shall be made available
to the public during normal business hours.
E.
No vehicle shall be removed to a storage facility
located a distance of greater than one mile from the municipal boundaries
of the City.
No towing company operating within the City
shall tow or boot a vehicle or charge for its services where the registered
owner or other legally authorized person in control of the vehicle
arrives at the scene prior to the towing of the vehicle and agrees
to immediately remove the vehicle from the property and requests the
release of a vehicle that has been, or is about to be, hooked, lifted
or booted but has not actually been moved or removed from the property
or charge the owner or operator requesting release of the vehicle
a decoupling fee.
The provisions of this article shall be enforced
by the Police Department of the City in accordance with due process
of law.
All towing operators shall take every necessary
precaution to prevent interference with traffic and shall obey all
rules and regulations of the Traffic Division of the Police Department
of the City and the Motor Vehicle Department of the State of New Jersey.
Any person, firm or corporation who or which
violates any of the provisions of this article shall, upon conviction,
be subject to a fine not exceeding $250 or to imprisonment for a term
not exceeding 90 days, or both. Each and every violation of this article
or each and every day that any violation shall be permitted to continue
shall be construed as a separate and distinct violation hereof.
