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AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE XXIII, TRAFFIC AND PARKING, CHAPTER 23:5, PARKING, STOPPING AND STANDING, GENERALLY, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY ADDING SECTION 23:5-11.3, MUNICIPAL TOWING AND IMPOUND FACILITIES, BY SUPPLEMENTING SECTION 23:5-11 TO AUTHORIZE THE USE OF CITY TOWING AND CITY IMPOUND FACILITIES, AND BY EXEMPTING CITY TOWING OPERATIONS FROM CERTAIN WRECKER LICENSING REQUIREMENTS OF CHAPTER 8:19.
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WHEREAS, the City of Newark is authorized under N.J.S.A. 40:48-2 to adopt ordinances for the protection of persons and property and the preservation of public health, safety and welfare, and under N.J.S.A. 40:48-2.49 et seq. to regulate by ordinance the removal and storage of motor vehicles; and
WHEREAS, the City regulates towing, storage and vehicle release through Chapter 8:19 of its Revised General Ordinances, and Section 23:5-11 authorizes removal of certain vehicles to an impound location designated by the Director of the Department of Public Safety; and
WHEREAS, Newark Police Division General Order 26-01, Vehicle Impound and Release, issued September 10, 2026, establishes internal procedures for vehicle impoundment, documentation, investigative holds, notification and release; and
WHEREAS, the City desires to establish municipal towing and impound facilities, authorize towing with City equipment and personnel, and maintain contracted towing services when additional capacity or specialized equipment is required; and
WHEREAS, the Municipal Council desires to establish responsibilities for vehicle custody, owner notification, release, fees and disposition consistent with applicable State law, including, as applicable, the Predatory Towing Prevention Act, N.J.S.A. 56:13-7 et seq., and existing City protections;
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions to the Code are shown in bold and underlined. No existing Code language is deleted.
Section 1. Establishment of Municipal Towing and Impound Facilities.
Title XXIII, Traffic and Parking, Chapter 23:5, Parking, Stopping and Standing, Generally, is hereby supplemented by adding a new Section 23:5-11.3 to read as follows:
23:5-11.3 MUNICIPAL TOWING AND IMPOUND FACILITIES.
A. Purpose.
This section establishes a municipal towing and impound program for vehicles lawfully removed or held at the direction of the Police Division and authorizes the towing of City-owned vehicles for municipal purposes.
B. Definitions.
BUSINESS ADMINISTRATOR means the Business Administrator of the City or an authorized designee.
CITY IMPOUND FACILITY means a secured facility designated under subsection C, located on property owned or lawfully leased by the City, for the temporary custody of vehicles.
CITY TOWING means towing performed by authorized City employees with equipment owned or lawfully controlled by the City.
CONTRACTED TOWER means a towing operator authorized to perform towing for the City under a lawfully awarded City contract.
DEPARTMENT OF PUBLIC SAFETY means the Department of Public Safety of the City, acting through its personnel, including the Police Division.
OFFICE OF THE BUSINESS ADMINISTRATOR means the Office of the Business Administrator of the City, acting through its personnel.
POLICE DIVISION means the Division of Police of the Department of Public Safety.
PUBLIC SAFETY DIRECTOR means the Director of the Department of Public Safety or an authorized designee.
C. Establishment and Administration.
1. One or more City impound facilities are hereby authorized. The Business Administrator and Public Safety Director shall designate each facility in writing after confirming lawful City possession and completion of all required approvals, including referral to the Central Planning Board pursuant to N.J.S.A. 40:55D-31 and applicable construction and environmental approvals. Any acquisition or lease of property shall comply with the Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq., and shall be separately submitted to the Municipal Council where its approval is required.
2. The Police Division shall administer police-directed towing, vehicle custody, investigative holds, notifications, release authorization and disposition. The Office of the Business Administrator shall coordinate equipment, staffing and facility support, and the Department of Finance shall manage City collections and financial records. Except where this section assigns a decision to the Public Safety Director or the Business Administrator, day-to-day responsibilities under this section shall be carried out by personnel of the Department of Public Safety or the Office of the Business Administrator, as applicable.
3. Before a facility begins receiving vehicles, the Department of Public Safety and the Office of the Business Administrator shall document its capacity, staffing, security, public release procedures, collection arrangements and available overflow locations, and the Public Safety Director and Business Administrator shall approve the facility for operation in writing. Operation is subject to the availability of appropriated funds pursuant to N.J.S.A. 40A:4-57 and to applicable Civil Service and collective negotiations requirements.
D. Authority to Perform Towing.
1. The City is authorized to perform towing with City equipment and qualified City employees. Subject to existing contractual obligations, City resources shall be used first when suitable equipment and personnel are available to respond safely and promptly. A contracted tower may be used when City resources are unavailable, insufficient or unsuitable, or when specialized recovery, emergency coverage or additional capacity is needed.
2. The Department of Public Safety shall coordinate dispatch and assignments. Each police-directed tow shall identify the legal basis, assigned operator and designated destination. Contracted assignments shall follow the applicable City contract and authorized dispatch procedures.
3. Notwithstanding Chapter 8:19, City vehicles and employees engaged solely in City towing under this section are exempt from the municipal wrecker and wrecker driver licensing requirements of Sections 8:19-2 and 8:19-5. This exemption does not excuse any State or Federal license, registration, equipment, qualification or safety requirement. The City shall maintain appropriate insurance or lawful self-insurance for City towing operations.
4. This section does not award or extend any towing contract. Contracted towing services shall be procured and awarded in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and other applicable law.
E. Lawful Grounds for Removal and Impoundment.
1. A vehicle may be removed or impounded only upon a lawful basis under applicable law, court order or City ordinance, including: a traffic obstruction or disabled vehicle presenting a hazard; a vehicle lawfully subject to removal for a parking, registration or other motor vehicle violation; an abandoned vehicle; an emergency requiring removal; or a vehicle lawfully seized for an investigation or forfeiture proceeding.
2. No vehicle shall be impounded solely for convenience, as punishment or as a matter of routine. This section does not authorize removal from private property without a lawful basis.
3. When the owner or authorized operator is present, and removal by the City is not required by law or a legitimate investigative need, the owner or operator shall be given a reasonable opportunity to arrange for prompt lawful removal of the vehicle, provided the arrangement will not endanger the public or unreasonably obstruct traffic. Officers shall take reasonable steps to avoid leaving occupants stranded without access to a safe location.
4. Impoundment and release following an intoxicated-driving arrest shall comply with N.J.S.A. 39:4-50.22 and 39:4-50.23 and applicable Attorney General directives, including authorized alternatives and release conditions.
F. Destinations and Facility Standards.
1. Police-directed tows shall be delivered to a City impound facility or other secured destination designated by the Police Division. A contracted tower shall not substitute a destination without authorization. A vehicle held for investigation shall be delivered to a secure police facility or an approved secured overflow location suitable for preservation of evidence.
2. City impound facilities shall have controlled access, secured fencing or equivalent enclosure, adequate lighting, video surveillance and records of authorized entry. Vehicles shall be arranged to permit inspection and removal without stacking.
3. The public release office shall be available from 8:00 a.m. to 6:00 p.m. at least five days each week. Posted procedures shall identify arrangements for weekends, holidays and emergencies. No additional fee shall be imposed solely for an after-hours or weekend release.
4. Each transfer of a vehicle between facilities shall be authorized and recorded. A transfer made for City administrative purposes shall not restart any statutory holding period or result in any charge to the owner for the transfer or a duplicate charge for a service already performed.
G. Documentation and Inventory.
1. The responsible officer shall complete a tow report, on the form prescribed by the Police Division, recording the vehicle identification number, registration information if available, tow location, date and time, lawful basis for removal, complaint number, assigned tower, actual storage destination, responsible investigative unit and any outside agency involved.
2. The condition, visible damage and contents of the vehicle shall be documented through an inventory conducted under standardized Police Division procedures. Before an inventory is conducted, an owner or operator who is present shall be given the opportunity to remove personal property or make other arrangements for its safekeeping, as required by New Jersey law.
3. The Police Division shall maintain records tracking each vehicle's receipt, location, movements, holds, notifications, charges, release and final disposition.
H. Investigative Holds and Outside Agencies.
1. Supervisory approval for an investigative tow or hold shall be documented. The responsible investigator shall identify and process the vehicle as promptly as practicable and coordinate any necessary search warrant, evidence preservation or forfeiture referral.
2. The investigator shall make reasonable efforts to complete the steps needed for release within two business days. Any hold continuing beyond that period, and the reasons for it, shall be documented and reviewed by a supervisor. This review requirement does not by itself terminate a lawful hold.
3. When the investigator is unavailable, the supervisor shall assign responsibility for review, release authorization and owner notification. After processing, the vehicle may remain at the City impound facility or be transferred to another authorized facility when necessary.
4. Vehicles recovered for an outside jurisdiction shall, when practicable, be transferred directly to that agency with documented receipt. When City storage is necessary, the agency shall be promptly notified and its contact, hold instructions and release authority recorded.
5. A vehicle subject to forfeiture shall be handled in accordance with N.J.S.A. 2C:64-1 et seq., including its notice, filing and release deadlines, and the direction of the appropriate prosecuting agency or court.
I. Owner Notification and Vehicle Information.
1. The Police Division shall promptly provide written notice of impoundment to the registered owner, any lienholder of record and any other person entitled to notice under applicable law. The notice shall identify the vehicle, the reason for removal, its location, contact information, the release procedure, applicable charges or exemptions, and the procedure under subsection M for contesting the tow, hold or charges. Statutory timing and service requirements shall control.
2. The notice and status-update requirements of Section 8:19-8(d) shall apply to qualifying vehicles in City custody. Notification attempts, delivery information and returned notices shall be preserved. The owner shall be promptly notified when an investigative hold is removed and the vehicle becomes eligible for release.
3. The electronic release and vehicle-location functions required by Section 8:19-8 shall include City impound facilities. Publicly available information shall be limited as necessary to protect personal information, consistent with the Driver's Privacy Protection Act, 18 U.S.C. 2721 et seq., and to protect investigations and evidence.
J. Release and Access to Property.
1. Except for parking-only releases handled through an approved procedure, the Police Division shall issue each vehicle release. Release of a vehicle held for investigation requires documented authorization from the responsible investigator or supervisor. Release of a vehicle subject to forfeiture requires authorization from the appropriate prosecuting agency or court.
2. The claimant shall establish identity and ownership or other lawful entitlement to possession. An authorized representative shall provide the owner authorization required by Police Division procedures, except where independent legal entitlement is established by a lienholder, lessor, rental agency, court order or other applicable authority.
3. A person driving the vehicle from the facility shall possess a valid driver's license and provide proof of current registration and insurance, and the vehicle shall be lawful and safe to operate. When the vehicle cannot lawfully be driven, release by tow or other lawful transport may be arranged unless a law or court order requires continued impoundment.
4. Requests for access to personal property in an impounded vehicle shall be handled under documented Police Division procedures, subject to evidence preservation and applicable law. Urgent requests shall be promptly referred to a supervisor. Vehicle-release conditions, including payment of charges, shall not be applied to a request solely for personal property.
5. Cancellation of a tow for a parking violation shall be governed by Section 8:19-3(e). Other cancellations and related charges shall comply with applicable law, Chapter 8:19 and the controlling contract.
K. Charges and Collections.
1. For services actually performed by the City, the service categories and rates in Section 8:19-6 are adopted as the City's schedule of charges, subject to applicable State limits and exemptions and any lower rate required by law. This section creates no separate administrative, gate, release or other fee. Any additional or different charge for City services shall be established only by ordinance.
2. The exemptions and protections in Sections 8:19-3(l) and (m), 8:19-6(i) and 8:19-8(d) apply to City operations as well as contracted services. No exempt, unauthorized or duplicate charge shall be assessed against the owner or made a condition of release, and the record of each qualifying release shall note its no-charge status.
3. A contracted tower may collect only amounts authorized by applicable law, this Code and its contract, for services actually provided. It shall not collect storage charges for any period a vehicle is in City custody. City and contractor records shall separately identify the services and custody periods attributable to each.
4. The Director of Finance shall establish authorized collection methods, itemized receipts, and deposit and reconciliation procedures, which the Department of Finance shall administer. All City receipts shall be deposited in accordance with N.J.S.A. 40A:5-15 and accounted for under applicable municipal finance requirements. No City employee shall accept personal payment for City services.
L. Unclaimed Vehicles and Disposition.
1. The Police Division shall review vehicles remaining unclaimed after fifteen working days and initiate the appropriate owner inquiry, notice and title review. This review does not authorize sale or disposal before all applicable statutory conditions and notice periods have been satisfied.
2. Before disposition, the Police Division shall verify identification, ownership and lien information; document all notices; confirm that no investigative, forfeiture, court or other lawful hold prevents disposition; and obtain the required New Jersey Motor Vehicle Commission documentation.
3. Eligible vehicles shall be referred to the Division of Central Purchasing for public auction or other lawful disposition under N.J.S.A. 39:10A-1 et seq. and applicable Motor Vehicle Commission procedures, including all required notices and advertisements. Records of sale, expenses and proceeds shall be maintained, and proceeds shall be distributed as required by law.
M. Complaints and Review.
1. The Public Safety Director shall establish and publish a procedure for complaints and disputes concerning City towing, storage, custody and charges. A complaint may be submitted in writing or electronically, and the complainant shall receive a written determination from an official who did not direct the challenged action.
2. Requests concerning a continuing hold or inability to obtain release shall receive prompt review. The procedure shall provide a reasonable opportunity to present supporting information and shall identify available administrative or judicial review.
N. Implementation and Construction.
1. The Public Safety Director, in coordination with the Business Administrator and the Director of Finance, shall issue implementing procedures consistent with this section. Police Division general orders and forms shall be conformed to this section before City towing or a City impound facility begins operation.
2. Nothing in this section shall be construed to enlarge any search, seizure or impoundment authority; to authorize any charge, impoundment or continued hold prohibited by law or this Code; to limit any hearing, court remedy or other right provided by law; or to impair any existing contractual obligation, which shall remain enforceable according to its terms.
Section 2. Coordination with Existing Impoundment Authority.
Title XXIII, Traffic and Parking, Chapter 23:5, Parking, Stopping and Standing, Generally, Section 23:5-11 is hereby supplemented by adding paragraph c to read as follows:
c. Removal and custody authorized by this section may be performed through City towing and City impound facilities under Section 23:5-11.3. Use of a City impound facility does not alter the lawful grounds for impoundment or the applicable owner notice, release, fee or disposition requirements.
Section 3. Severability.
If any provision of this Ordinance or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remaining provisions and applications that can be given effect without the invalid provision or application shall remain in effect.
Section 4. Repealer.
All ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency.
Section 5. Codification.
This Ordinance shall be codified in the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented. The City Clerk and Corporation Counsel are authorized to adjust chapter, article and section numbering as necessary to avoid conflicts with existing provisions, without changing the substantive effect of this Ordinance.
Section 6. Effective Date.
This Ordinance shall take effect twenty (20) days after final passage, approval by the Mayor and publication in accordance with N.J.S.A. 40:69A-181(b) and other applicable law.
STATEMENT
This Ordinance adds Section 23:5-11.3 to authorize City towing and municipal impound facilities, with contracted towing as supplemental capacity, and establishes procedures for vehicle custody, owner notice, release, charges, complaints and disposition. It supplements Section 23:5-11 to authorize use of City towing and impound facilities and exempts City towing operations from certain municipal wrecker licensing requirements of Chapter 8:19.