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AN ORDINANCE AMENDING TITLE 8, BUSINESS AND OCCUPATIONS, CHAPTER 19, WRECKERS, OF THE REVISED ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED TO INCLUDE INFORMATION FOR STORAGE FACILITIES, TOWING COMPANIES, TOWING ON HOLIDAYS AND TOWING VEHICLES INVOLVED IN CRIMINAL INVESTIGATIONS AND SERVICE RATES.
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WHEREAS, Section 18:19-1 et seq. sets forth Rules and Regulations governing Wreckers in the City of Newark; and
WHEREAS, this section needs to be amended to include information for storage facilities, towing companies, towing on holidays, and towing vehicles involved in criminal investigations; and
WHEREAS, there is a need to provide specific information to owners/operators of motor vehicles which have been towed and to amend service rates.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions are shown in Bold and Underlined. Deletions are shown in Strikeouts.
Section 1. Title 8, Business and Occupations, Chapter 19, Wreckers, Section 8:19-1, Definitions, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended by adding the definitions thereto:
EMERGENCY SERVICES
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.
SMALL CLEAN-UP
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.
STORAGE FACILITY
A facility used by a towing company to hold motor vehicles after they have been towed.
STORAGE RATES
The fees charged for the storage of motor vehicles and shall accumulate by the calendar day.
TOWING COMPANY
A person(s) offering or performing towing services.
Section 2. Title 8, Business and Occupations, Chapter 19, Wreckers, Section 8:19-3, Rules and Regulations, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended by adding thereto Subsection (f) - (l):
f. All storage facilities shall have a business office open to the public between normal business hours, 8a.m and 6 p.m. at least (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 8a.m and 6 p.m. at least (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.
Section 3. Title 8, Business and Occupations, Chapter 19, Wreckers, Section 8:19-6, Service Rates, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended by adding thereto Subsection (i):
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.
Section 4. Title 8, Business and Occupations, Chapter 19, Wreckers, Section 8:19-7, Penalties, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, shall be deleted and removed and now shall be known as Storage Facilities.
§ 8:19-7 STORAGE FACILITIES.
a.
All storage facilities operated or 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, 8a.m and 6 p.m. at least (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.
Clean-up required; fines.
e.
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.
Section 5. Title 8, Business and Occupations, Chapter 19, Wreckers, Section 8:19-8, Release of Motor Vehicles, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, shall be added.
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:
(1) The name, address, and telephone number of the Towing Company and/or Storage Facility that is in possession of the motor vehicle and;
(2) Identify when the motor vehicle was towed and from where; and
(3) The reason the motor vehicle was towed.
Section 6. Title 8, Business and Occupations, Chapter 19, Wreckers, Section 8:19-9, Penalties, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, shall be added.
§ 8:19-9 PENALTIES.
a.
Any person 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.
Section 7. Any existing ordinance, or part thereof, inconsistent with this ordinance is hereby repealed to the extent of such inconsistency.
Section 8. If any section, paragraph, subparagraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the specific section, paragraph, subparagraph, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.
Section 9. This ordinance shall take effect upon final passage and publications in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance amends Title 8, Business and Occupations, Chapter 19, Wreckers, of the Revised Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented to include information for storage facilities, towing companies, towing on holidays and towing vehicles involved in criminal investigations and service.