[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 8-8-2001 by Ord. No. 6219-01; 12-3-2002 by Ord. No. 6318-02; 4-5-2005 by Ord. No. 6470-05; 7-15-2008 by Ord. No. 6749-08; 9-17-2008 by Ord. No. 6759-08; 1-21-2014 by Ord. No. 7134-14; 9-4-2018 by Ord. No. 7473-18; 6-21-2022 by Ord. No. 7745-22; 3-21-2023 by Ord. No. 7809-23; 12-3-2024 by Ord. No. 7962-24; 3-3-2026 by Ord. No. 8086-26]
As used in this article, the following terms shall have the meanings indicated:
CAR CARRIER
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.
CITY
The City of Clifton.
IMPOUNDMENT YARD (STORAGE AREA)
Any parcel or property owned or leased by an official tower and located within the City of Clifton, or within 2.5 miles from the City Hall complex located at 900 Clifton Avenue, which has all of the following specifications:
A. 
Contiguous to the official tower's place of business, except that a secondary lot may be located elsewhere within the City of Clifton or within 2.5 miles from the City Hall complex located at 900 Clifton Avenue, to accept any overflow.
B. 
Adequate to store vehicles for an extended period of time.
C. 
Completely encircled by a fence not less than five feet high with at least one lockable gate for ingress and egress.
D. 
Access to 800 square feet of inside storage facilities to protect "police hold" vehicles.
PERSON
Includes any person, firm, partnership, association, corporation, company or organization of any kind.
TOW TRUCK
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.
TOW TRUCK, CLASS I, STANDARD DUTY
A tow vehicle having a truck chassis with a manufacturer's rated capacity between 10,000 and 19,999 pounds gross vehicle weight.
TOW TRUCK, CLASS II, HEAVY DUTY
A tow vehicle having a truck chassis with a manufacturer's rated capacity of 33,000 or more pounds gross vehicle weight.
TOW TRUCK, CLASS III, CAR CARRIER/FLATBED
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 January 15 of each year and the appointment/reappointment term shall run from March 1 to the last day in February each year. At the conclusion of the initial one-year term, any official tower who did not have any suspensions for violations of this article shall automatically have their appointment renewed for a second one-year term. Any official tower who has been suspended for violations of this article shall not have their appointment automatically renewed and shall only be reappointed subject to Council approval. The appointment of any official tower who did not have any suspensions for violations of this chapter shall expire at the conclusion of their second one-year term. Following the conclusion of the second one-year term, all official towers will need to apply to the Municipal Council for reappointment. The Clifton Police Department shall process the application and issue a checklist stating whether 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.
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.
E. 
The number of official towers shall not exceed four official towers at any time. At least two towers shall be capable of performing heavy-duty tows.
F. 
In the event the City receives more than four complete applications for appointment that meet all of the minimum criteria as an official tower, the following criteria shall be utilized by the Municipal Council in the selection process: towing capacity, size of fleet that will service Clifton, years in business, location in Clifton, closest proximity to City Hall, and any history of suspensions relating to any violations of this article.
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 and be subject to a suspension to be imposed by the Chief of Police or his designee as set forth in § 425-19.
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 in instances where an emergency or road hazard exists and in instances where the vehicle to be towed is subject to a police investigation. In all other instances, the owner of the motor vehicle in need of such services may request said services from any other available source.
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 50 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 360° 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/her designee 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 or his/her designee and shall be approved by the Chief or his/her designee 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.
(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.
B. 
All fees for fingerprinting and/or background checks shall be paid by the applicant.
C. 
Any official tower who fails to comply with the personnel requirements set forth in this section shall be subject to a suspension to be imposed by the Chief of Police or his designee as set forth in § 425-19 without any warning being first given.
A. 
All vehicles towed by an official tower must be stored at their primary approved location within the City of Clifton, or within a primary approved location within 2.5 miles from Clifton City Hall, which is located at 900 Clifton Avenue, Clifton, New Jersey 07013.
B. 
Any official tower having an inside protected storage area capable of storing a minimum of four passenger vehicles and a minimum area of 800 square feet at their primary approved location shall be required to accept and store in the inside protected building storage area vehicles required by the Police Department held in such a secure area for preservation of evidence purposes. An official tower having such an indoor storage area will be compensated by the City of Clifton the sum of $35 per calendar day for each day that the inside storage is required. Any official tower that does not have an indoor storage area will be skipped and lose their turn in the rotation on any tows where indoor storage is required.
C. 
Every official heavy-duty tower shall maintain an outside protected storage area capable of storing a minimum of 40 passenger vehicles and two tractors and trailers. Every official light-duty tower shall maintain an outside protected storage area capable of storing 40 passenger vehicles.
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.
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.
F. 
Official towers shall be required to have a business office open to the public between the hours of 8:00 a.m. to 5:00 p.m. at least five days per week excluding holidays.
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 all invoices for services rendered in its capacity as an official tower for the preceding month to the Chief of Police or his/her designee. 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.
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:
(1) 
Road service.
(a) 
Light duty, up to 10,000 pounds: $150/hour plus parts.
(b) 
Medium/heavy duty, 10,001 pounds and above: $200/hour plus parts.
(2) 
Towing - basic.
(a) 
Light duty, up to 10,000 pounds: $155 hook-up.
(b) 
Medium duty, 10,001 to 16,000 pounds: $300/hour.
(c) 
Heavy duty, 16,001 pounds and above: $500/hour.
(d) 
Decoupling fee (if tow is not performed): 1/2 of basic rate.
(3) 
On-hook mileage, light-duty: $7 per loaded mile. No mileage charges for any tow that originates within the City limits when the vehicle is taken to an official towers yard. Mileage can be charged for any light-duty tow taken to any destination other than the official towers primary approved location regardless if it is within City limits. At no time shall there be a mileage charge for any medium- or heavy-duty tows.
(4) 
Recovery/winching (in addition to towing, per truck, including driver).
(a) 
Light/medium duty, up to 16,000 pounds: $350/hour charged in 1/2 increments of $175 per 1/2 hour.
(b) 
Heavy duty, 16,001 pounds and above: $650/hour.
(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 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 third vehicle only visit: $50. Must be documented with dates, times and signatures.
(e) 
Administration charge only after third medium/heavy truck or trailer only visit: $200. Must be documented with dates, times and signatures.
(f) 
After hours release: $85.
(g) 
Notification documentation fee: $75.
(h) 
Tarping/wrapping vehicle: $90 per car; $250 per truck. Wrapping is only to be utilized as needed to secure broken windows to preserve the interior of the vehicle. Tarping may be utilized, as needed, to protect the load of a box truck or trailer to preserve the contents therein from the outdoor elements.
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.
(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. 
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 or his/her designee. 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.
G. 
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.
H. 
The City shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles. The charges and fees and rates applicable to services performed pursuant to this chapter shall be posted in a conspicuous place visible to the public at the tower's storage area. The tower shall prepare a bill for charges pertaining to each vehicle and present the same to the claimant of a vehicle. The bill shall be itemized in detail as to the actual services rendered and shall contain a statement that the claimant may file a complaint with the City as to any billing issues. The City will not be responsible for charges due and owing from a claimant of a vehicle. The City shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles.
I. 
The City reserves the right to store vehicles impounded as a result of police investigations involving stolen vehicles or fatal/serious/suspicious accidents at a location of its choice. The Police Department may release a vehicle from investigation and make it available for pickup. The tower shall be able to charge storage when the vehicle is released from investigation by the Police Department. The location for vehicles impounded by the Police Department shall include inside storage, lockdown measures, full access accountability and 24/7 access by the Police Department. Vehicles may be towed to multiple destinations for investigative purposes (e.g., Prosecutor's Office) at the direction of the Police Department; however, the tow fee can only be charged once.
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 of 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 the 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. 
Except as set forth in § 425-9C, any official that violates any provision of this article will be given one warning. A second violation of any provision of this article will result in a thirty-day suspension to be imposed by the Chief of Police or his designee. A third violation of any provision of this article will result in a sixty-day suspension to be imposed by the Chief of Police or his designee. A fourth violation of any provision of this article will result in the official tower being removed from the official towers' list by the Chief of Police or his designee.
B. 
In the event that an official tower fails to comply or violates any provision of this article that results in a suspension, the Chief of Police or his designee shall report each such failure or violation to the Municipal Council.
C. 
Any official tower who is suspended or removed from the official towers' list shall, upon request, be provided a hearing and an opportunity to be heard before the Municipal Council. The Municipal Council, in its sole and absolute discretion, may uphold, vacate or modify the suspension or removal from the official towers's list as it deems proper.
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:
BASIC TOWING SERVICE
Towing as defined in this section and other ancillary services as may be specified by regulation.
CITY
The City of Clifton.
CONSUMER
A natural person.
CONTRACT RATE
Fees for towing services established under a contract between a towing company and the City.
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, lifted or booted by a tower, but prior to the vehicle actually having been moved or removed from the property.
MOTOR VEHICLE
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.
NONCONSENSUAL TOWING
The towing of a motor vehicle from private or public property without the consent of the owner or operator of the vehicle.
PERSON
An individual, a sole proprietorship, partnership, corporation, limited liability company or any other business entity.
STORAGE FACILITY
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:
A. 
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.
B. 
Adequate to store vehicles for an extended period of time.
C. 
Completely encircled by a fence not less than five feet high with at least one lockable gate for ingress and egress.
TOWING
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.
TOWING COMPANY/TOWING OPERATOR
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.
[Amended 3-18-2025 by Ord. No. 7979-25]
A. 
All fees/rates charged by any towing company for services rendered or materials supplied shall be fair and reasonable.
B. 
A fee for private property towing or other nonconsensual towing services, and storage services, shall be presumed unreasonable if it is:
(1) 
More than 25% higher than the fee charged by the towing company or storage facility for the same services when provided with the consent of the owner or operator of the motor vehicle; or
(2) 
More than 50% higher than the fee charged for such other nonconsensual towing or related storage service by other towing companies or storage facilities operating in the municipality from which the vehicle was towed.
C. 
Notwithstanding Subsection B above, a fee will be presumed unreasonable if it exceeds the maximum amount that may be charged for the service according to the schedule of fees set forth in § 425-12 of the Code of the City of Clifton for the towing and storage of 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 plate 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:
(1) 
Has a business office open to the public between 8:00 a.m. and 6:00 p.m. at least five days a week, excluding holidays; and
(2) 
Is secured and, if it is an outdoor facility, lighted from dusk to dawn.
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.
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.