Title
AN ORDINANCE AMENDING TITLE 8, BUSINESSES AND OCCUPATIONS, CHAPTER 19, WRECKERS, SECTION 10, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, CREATING SECTION 8:19-10, PRIVATE PROPERTY BOOTING.
Sponsor(s): Council President, LaMonica R. McIver
Deferred 6PSF-b 021523
Deferred 6PSF-b 021523
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WHEREAS, predatory towing practices include charging unwarranted or excessive fees, particularly in connection with towing vehicles from private parking lots, which do not display any warnings to the vehicle owners or operators, overcharging persons for towing services provided under circumstances where the person has no meaningful opportunity to withhold consent; and
WHEREAS, the legitimate business interests of towing companies and the needs of private property owners for relief from unauthorized parking must be balanced with the interest in providing appropriate protection to persons who own or operate vehicles; and
WHEREAS, the Predatory Towing Prevention Act, which became effective on April 15, 2009, regulates towing from private property and towing initiated by law enforcement, that occur without the prior consent of the towed vehicle's owner or operator, pursuant to N.J.S.A 56:13-1, et. seq., and
WHEREAS, the Predatory Towing Prevention Act defines "towing" as "the moving or removing from public or private property...or the immobilization of...[a] motor vehicle, for which a service charge is made"; and
WHEREAS, the City of Newark (the "City") has adopted Rules and Regulations governing towing of motor vehicles in the City of Newark; and
WHEREAS, the City desires to add more regulations to address the concern of unlawful booting and excessive fees in connection with immobilizing vehicles on private property; and
WHEREAS, N.J.S.A. 40:48-2 authorizes a municipality to make, amend, repeal and enforce such other ordinances, regulations, rules and by-laws not contr...
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