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City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Passaic as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Off-street parking — See Ch. 201.
Vehicles and traffic — See Ch. 295.
[Adopted 4-3-1985 by Ord. No. 850-85]
Any vehicle that is in violation of any parking restriction at the curbside or in the municipal parking lot may be subject to towing. The vehicle will be towed at the owner's expense by the authorized municipal tower. All storage expenses will be the responsibility of the owner.
Signs stating that the area is a towaway zone will be placed to advise the motorists where the subject ordinance is in effect.
[Adopted 8-7-2007 by Ord. No. 1731-07]
As used in this article, the following terms shall have the meanings indicated:
OPERATOR
A person who engages in the business of transporting an operable or inoperable motor vehicle from a public or private area to a site, at the request of the vehicle owner or owner of property on which the vehicle is located.
PRIVATE PARKING LOT
Any parking lot or area owned by a private entity that provides parking spaces for a fee or requires the permission of the owner, licensee or agent before a person may park at that location. A private parking lot includes vehicle parking spaces in an apartment complex.
TRESPASS TOWING
The towing or removal of a vehicle, without the consent of the vehicle's owner or operator, that is parked on a private parking lot without the property owner's agent's consent.
An operator who either responds to a call for assistance from a motorist or property owner with an inoperable vehicle or one improperly located on the property owner's property who offers to transport, repair or store the vehicle, such operator shall comply with any reasonable request to either repair the vehicle or transport it to a site for storage pending release to the car's owner.
[Amended 9-22-2009 by Ord. No. 1809-09; 9-8-2015 by Ord. No. 2019-15; 10-8-2015 by Ord. No. 2024-15; 2-6-2018 by Ord. No. 2143-18]
All property owners or motorists who require the services of a private towing company shall pay not to exceed the following fees:
A. 
Towing.
(1) 
Weekdays:
(a) 
First mile or less: $65 per vehicle.
(b) 
Each additional mile: $7 per vehicle.
(2) 
Nights/weekends and New Jersey state holidays:
(a) 
First mile or less: $75 per vehicle.
(b) 
Each additional mile: $7 per vehicle.
B. 
Storage inside building or outside in secured facility, each space, per day.
(1) 
Private passenger vehicle:
(a) 
Inside building: $1 each space, per day.
(b) 
Outside building: $35 each space, per day.
(2) 
Commercial vans, outside building: $1 each space, per day.
(3) 
Motorcycles, outside building: $1 each space, per day.
C. 
Class I vehicles.
(1) 
Towing of commercial vans (six wheels or less) (any day): $1 per vehicle.
(2) 
Towing of motorcycles or motor scooters (any day): $1 per vehicle.
D. 
Additional charges, all classes of vehicles.
(1) 
Use of flatbed: $150 per vehicle.
(2) 
Dolly service: $1 per vehicle.
(3) 
Winching service: $75 per vehicle.
(4) 
Disconnection and replace transmission linkage: $1 per vehicle.
(5) 
Opening locked vehicle without key: $1 per vehicle.
(6) 
Removal of vehicle beyond the right-of-way, berm or from being impaled upon any other object within the right-of-way or berm: $75 per vehicle.
E. 
Class II vehicle towing.
(1) 
Towing of vehicles, buses, tractor-trailers and other heavy equipment greater than 26,000 pounds' gross vehicle weight: $225 per vehicle.
(2) 
Towing of vehicles, tractor-trailers and other heavy equipment greater than 26,000 pounds' gross vehicle weight up to 80,000 pounds' gross vehicle weight: $250 per vehicle.
F. 
Class II vehicle storage.
(1) 
Storage of vehicles, buses, tractor-trailers and other heavy equipment up to 26,000 pounds' gross vehicle weight: $55 per day.
(2) 
Storage of vehicles, buses, tractor-trailers and other heavy equipment greater than 26,000 pounds' gross vehicle weight up to 80,000 pounds' gross vehicle weight: $55 per day.
G. 
Additional charges.
[Added 8-8-2017 by Ord. No. 2112-17[1]]
(1) 
Class II dolly service: $1 per vehicle.
(2) 
Class II winch service: $100 per vehicle.
(3) 
Disconnection and replace transmission linkage: $125 per vehicle.
(4) 
Opening locked vehicle without key: $75 per vehicle.
[1]
Editor's Note: This ordinance also redesignated former Subsection G as Subsection H.
H. 
A copy of this Fee Schedule shall be made available to the owner of a vehicle at the time he or she obtains the required release paperwork from the City of Passaic Police Department.
The following provisions shall apply to any towing operator and/or booting service when engaged by the owner or other person in control or possession of private property to remove therefrom or boot an unauthorized vehicle, pursuant to the provision of N.J.S.A. 39:4-56.6:
A. 
No towing or booting service shall boot or conduct a trespass tow of a vehicle from a private parking lot for compensation when the point of origin of the boot or tow is within the jurisdictional limits of the City of Passaic without complying with the provisions of this article.
B. 
Posting of warning signs. No person shall tow any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted 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:
[Amended 9-22-2009 by Ord. No. 1809-09]
(1) 
The person shall have entered into a contract for private property towing with the owner or the property.
(2) 
There is posted, in a conspicuous place at all vehicular entrances to the property which can be easily seen by the public, a sign no smaller than 36 inches high and 36 inches wide stating:
(a) 
The purpose or purposes for which parking is authorized and the times during which such parking is permitted;
(b) 
That unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner's expense;
(c) 
The name, address and telephone number of the towing company that will perform the towing;
(d) 
The charges for the towing and storage of towed motor vehicles; and
(e) 
The street address of the storage facility where the towed vehicles can be redeemed after payment of the posted charges and the times during which the vehicle may be redeemed.
(3) 
The property owner has authorized the person to remove the particular motor vehicle.
(4) 
The person tows the motor vehicle to a secure storage facility.
C. 
No towing or booting service operating within the City shall tow or boot a vehicle or charge a fee for debooting or decoupling the car from the tow truck or related services where the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to the car being booted or the rowing of the vehicle from the lot, providing:
[Amended 9-22-2009 by Ord. No. 1809-09]
(1) 
The owner or other legally authorized person in control of the vehicle agrees to and immediately removes the vehicle from the lot.
D. 
No vehicles removed from private property shall be stored on public property, including public streets.
E. 
No vehicle shall be removed unless to a storage facility located at a distance no greater than one mile from the municipal boundaries of the City of Passaic.
F. 
No towing operator engaged by a private party shall charge rates greater than those authorized by this article, nor shall any charge be made for any service not specifically set forth in this article.
G. 
Whenever a vehicle is towed from private property, the Police Department of the City shall be notified at the time of the removal as to the reason for the towing, the year, make and license number of the vehicle, the name and address of the owner, if known, the name and address of the towing operator, the name and phone number of the owner or designee of the owner of the property who authorized the towing or booting and the address or location to which the vehicle is being towed. The notice to the City Police Department does not require the Police Department to respond to same or appear at the scene of the towing.
[Amended 9-22-2009 by Ord. No. 1809-09]
H. 
No towing operator shall monitor, patrol or otherwise survey a private property for the purposes of identifying vehicles parking for unauthorized purposes and towing a motor vehicle parked for an unauthorized purpose from such private property without having been specifically requested to tow such vehicle by the owner of the property or his designee.
[Added 9-22-2009 by Ord. No. 1809-09]