Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of Atlantic City as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parking facilities — See Ch. 201.
Parking in residential areas — See Ch. 202.
Taxicabs, jitneys and vehicles for hire — See Ch. 233.
Vehicles and traffic — See Ch. 243.
[Adopted 4-22-1971 by Ord. No. 14-1971]

§ 235-1 Vehicles designated as illegally parked.

When any member of the Atlantic City Police Department or other person having authority shall find or discover that a vehicle parked on any street or highway of the City of Atlantic City, including the Boardwalk, or on any city-owned property, or property leased to the city, or on property operated by the Atlantic City Parking Authority, and such vehicle is parked in violation of any City of Atlantic City ordinance or City of Atlantic City regulation and, particularly, the ordinance to which this Article is supplementary, known as Chapter 243, Vehicles and Traffic (Ordinance No. 23 of 1967), and its amendments and supplements, said automobile or vehicle shall be deemed to be illegally parked.

§ 235-2 Authorized towers; fees for removal and storage.

[Amended 3-21-1974 by Ord. No. 9-74; 4-17-1975 by Ord. No. 6-1975; 12-9-1976 by Ord. No. 34-1976; 2-3-1977 by Ord. No. 5-1977; 3-20-1978 by Ord. No. 16-1978; 2-28-1980 by Ord. No. 14-1980; 9-29-1981 by Ord. No. 62-1981; 2-1-1989 by Ord. No. 4-1989; 11-6-1996 by Ord. No. 62-1996; 9-20-2006 by Ord. No. 72-2006; 9-17-2008 by Ord. No. 84-2008]
A. 
When said police officer or other person having authority, namely traffic control officers, parking officers and fire personnel, finds any vehicle unlawfully parked as set forth in § 235-1 or parked in a location where, due to emergency conditions, the removal of said vehicle is necessary, he may cause or obtain the removal of such vehicle by having the same towed and impounded by the employees of the City of Atlantic City or any department, subdivision or agent thereof. When such vehicle is lawfully towed away and impounded pursuant to this article, the vehicle owner shall pay the following towing costs, based upon the vehicle's gross vehicle weight as listed on the vehicle registration document:
(1) 
Vehicles having a gross vehicle weight rating of 6,000 pounds or less: $100.
(2) 
Vehicles having a gross vehicle weight of greater than 6,000 pounds, up to and including 10,000 pounds: $200.
(3) 
Vehicles having a gross vehicle weight of greater than 10,000 pounds: $350.
B. 
In addition thereto, there shall be an administrative fee of $25 and a charge for the storage of said vehicle after the first 12 hours, up to and including the 10th day, of $30 per day, and from the 11th day until said vehicle is removed from the storage area, a fee of $35 per day shall be charged.
[Amended 6-14-2017 by Ord. No. 11-2017]
C. 
The payment of such charges to the City or its agents shall not relieve the owner or operator of the vehicle unlawfully parked of the penalties for such parking violation, and any vehicle so towed and impounded shall first have placed therein or thereon, by the police officer or the person having authority, a summons charging the owner or operator of said unlawfully parked vehicle of the violation.
D. 
It is the intent of this article that all towing, impounding and storage operations pursuant to this article shall be performed by employees of the City of Atlantic City or any department or subdivision thereof. Notwithstanding the foregoing, the Council of the City of Atlantic City, after finding as a fact that the City has insufficient towing personnel and/or equipment to tow sufficient vehicles to adequately protect the health and safety of the people in Atlantic City, may declare a towing emergency and contract the services of one or more private towing companies on a temporary basis not to exceed 30 days or until such time as the City can obtain for itself sufficient personnel and/or equipment to perform the necessary towing or until the need for such additional personnel and/or equipment subsides.

§ 235-3 Nonliability of city; insurance.

Any damage that might be caused to said illegally parked vehicle, either in the process of towing and impounding, or otherwise, or any theft from said car shall not be the responsibility of the City of Atlantic City or any of its officers or employees but any hauler or tower authorized by the city to tow and impound illegally parked automobiles must post with the City Clerk liability insurance in an amount of not less than $100,000/$300,000 for personal injury and at least $25,000 property damage, covering both the tower and the City of Atlantic City.

§ 235-4 Permit required to park on Boardwalk.

It shall be unlawful for any person at any time to drive upon or park a vehicle on the Boardwalk in Atlantic City or on the approaches thereto unless said owner or operator of said vehicle obtains a permit to drive upon said Boardwalk or to park a vehicle upon said Boardwalk from the Director of Public Works.

§ 235-5 Parking during emergencies; signage.

A. 
Upon the declaration of an emergency, there shall be no parking upon streets or sections of streets where temporary "EMERGENCY NO PARKING" signs are displayed. The Director of Public Safety or the Chief of Police or, in his absence, the ranking police officer, is authorized to declare an emergency and to direct the posting of said "EMERGENCY NO PARKING" signs when weather conditions, accidents, fire or public celebrations dictate or require the avoidance of hazards or other conditions which interfere with the free flow of traffic.
B. 
Notification that the "EMERGENCY NO PARKING" signs are being or will be posted shall be given to the operator or owner of any vehicle which has been parked prior to the posting of the signs.

§ 235-6 Unoccupied vehicles.

Any unoccupied vehicle parked or standing in violation of this Article shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any peace officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage, as set forth in § 235-2 hereof, which may result from such removal, before regaining possession of the vehicle.

§ 235-7 Effectiveness contingent on signage.

The effectiveness of this Article is contingent on signs being erected as required by law.

§ 235-8 Violations and penalties.

Any person convicted of a violation of a provision of this Article or any supplement thereto shall be liable to the penalty as set forth more specifically in § 243-54 of Ch. 243, Vehicles and Traffic.
[Adopted 7-23-1986 by Ord. No. 36-1986]

§ 235-9 Definitions.

As used in this Article, the following words, terms and phrases shall have the meanings indicated:
DIRECTOR
The director of the Atlantic City department which oversees the Division of Local Vehicle Licensing.
LICENSED STORAGE FACILITY
Any place, building, garage or other entity that is used for the storage of towed vehicles.
LICENSED TOWING COMPANY EMPLOYEE
Any person who operates a tow truck or is in the employee of a licensed towing operator who has obtained a valid mercantile license to operate a tow truck.
LICENSED TOWING LOT OPERATOR
Any person, company or corporation or other entity that has obtained a mercantile license to tow vehicles from a parking facility.
PARK
To stand a vehicle for a period of time greater than is reasonably necessary for loading and unloading therefrom of persons or property.
PARKING FACILITY
Any building, structure, garage, outdoor space, place, driveway, parcel, yard or enclosure or any portion thereof, where motor vehicles may be parked, stored, housed or kept.
VEHICLES
Any device upon or by which any person or property is transported from one place to another.

§ 235-10 Licensing.

A. 
The applicant for a license to operate a towing company or a towing facility or to operate a tow truck or to operate a towing storage facility shall make a truthful written application therefor on a form to be provided by the Division of Local Vehicle Licensing, which application shall be sworn to, and shall file the same with the local vehicle licensing division. The form shall include:
(1) 
The full name of the applicant, with his date of birth, social security number and fingerprints. To provide for a timely and efficient criminal history background review, the City of Atlantic City will be utilizing the state-police-coordinated, non-criminal-justice fingerprinting process known as "Live Scan." The State of New Jersey has contracted with a vendor, Sagem Morpho, Inc., to perform this service. The company has established permanent sites throughout the state as well as several mobile units available to meet its contractual agreement. Sagem Morpho charges a fee for the fingerprinting for which the applicant will be responsible. There will be an additional fee of $20, payable to the City of Atlantic City, for the processing of the fingerprint documentation required by Sagem Morpho.
[Amended 9-17-2008 by Ord. No. 78-2008]
(2) 
Residential address.
(3) 
If the applicant is a corporation, the location of the registered office in New Jersey and the name of the registered agent.
(4) 
The address of the towing facility.
(5) 
A sketch of the towing facility along with a photograph of the towing facility.
(6) 
Certificates showing public liability and property damage insurance in the following amounts: $1,000,000 liability and $200,000 property damage.
(7) 
Whether or not any person listed in the application has been convicted of a crime, specifying the nature of the offense and the date and jurisdiction of the conviction.
(8) 
The frequencies of all radios used in the business.
(9) 
Anything else that the director shall deem necessary.
B. 
No tow truck or towing facility shall be used without first securing all licenses as hereby provided.
C. 
No license shall be issued without the approval of the director.
D. 
No license shall be issued to any person who shall have been convicted of a crime relating adversely to the operation of a motor vehicle repair garage or towing operation or larceny of a motor vehicle.
E. 
The tow truck license or a copy shall be kept in the tow truck at all times.

§ 235-11 Authority of director.

A. 
Review of applications.
(1) 
The director is hereby given the power and authority to investigate all applications for licenses under this Article and is authorized and empowered to request, through the Chief of Police of the City of Atlantic City, an investigation of all applications and applicants. If, after said investigation, the director shall be reasonably satisfied that the statements set forth in the application are correct, said director shall authorize the Mercantile Tax Office to issue a license, after a payment of the proper fee.
(2) 
In the event that the director disapproves the application for false statements, the applicant may apply, within 10 days, in writing to the director for a hearing and shall be granted a hearing before the said director, and the applicant shall be entitled to legal counsel and shall be permitted to present any witnesses or evidence.
(3) 
If, at said hearing, the director finds that substantial misstatements were made, he may deny the application.
(4) 
The applicant may appeal the decision of the director to the Mayor.
B. 
The director has the authority to suspend or revoke any license for any violation of this chapter. Such suspensions may be appealed to the Mayor within 10 days of notice to the licensee.
C. 
The director is authorized and empowered to establish reasonable rules and regulations governing the inspection of tow trucks.
D. 
Any employee of the towing company shall be the operator's designee for correspondence or summonses from the City of Atlantic City.

§ 235-12 Tow truck operators and tow truck drivers.

A. 
There shall be no towing from temporarily unattended lots.
B. 
Conditions.
(1) 
There shall be no towing unless the following conditions are met:
(a) 
There is a closed sign clearly visible from all entrances to the lot.
(b) 
All prices on the current rate sign have been covered or removed.
(c) 
The prohibitory sign shall be visible from all entrances and shall have the following information in red letters on a white background:
[1] 
The name, address and phone number of the towing facility.
[2] 
The words "UNAUTHORIZED VEHICLES WILL BE TOWED."
[3] 
The fee for such towing individually boxed under the prohibitory reading.
(2) 
Restrictions of § 235-12A and B(1) shall not apply to driveways of homes that hold three cars or fewer.
(3) 
Each towing company shall maintain a current valid contract with the owner or operator of the parking facility and forward such contract for filing with the Mercantile License Division and the Towing Division of the Atlantic City Police Department.
[Amended 9-8-2004 by Ord. No. 96-2004]
C. 
Each vehicle towed must be inspected prior to towing for any existing damage, and a towed vehicle report, in a form approved by the Director or his designee, shall be filled out before the vehicle is removed from the lot. The towed vehicle report shall describe any damage to the vehicle and shall be kept at the towing storage facility for inspection by any interested party.
[Amended 2-1-1989 by Ord. No. 5-1989]
D. 
After the vehicle has been hooked and lifted, but before it has left the lot, a report must be called into the towing division of the Atlantic City Police Department for permission to tow the vehicle. The report shall contain the following information:
(1) 
The make, year and color of vehicle.
(2) 
The registration number.
(3) 
The exact address of the facility to which the vehicle is being towed.
(4) 
The charge for such towing.
(5) 
A statement as to why the vehicle is being towed.
(6) 
The name of the person who authorized the towing.
E. 
If the vehicle has not been lifted prior to the owner's return to the lot, whether it is hooked or not, it is to be released with no charge. Any tow truck operator who engages in fighting, violent or tumultuous behavior with any member of the public shall be considered disorderly and subject to the penalties and fines set forth in § 235-15.
[Amended 2-1-1989 by Ord. No. 5-1989; 6-21-2000 by Ord. No. 42-2000]
F. 
If the vehicle has been lifted, but not removed from the lot prior to the owner's return to the lot, a fee of no more than 50% of the authorized towing service fee, as delineated in § 235-51, may be imposed for the release of said vehicle. Any vehicle which has been towed off a parking facility, regardless of how far, before the owner's arrival, may be assessed the full authorized towing service fee. For purposes of this section, removal from the lot in a multifloor parking facility is hereby defined as removal of the vehicle from the particular floor on which it was initially found and lifted by the towing company employee.
[Amended 2-1-1989 by Ord. No. 5-1989]
G. 
All vehicles towed from patron parking facilities shall be checked for the appropriate parking ticket or sticker issued by the management of the parking lot.
H. 
All tow truck drivers must wear badges provided by the Transportation Department, with the name and photograph of the driver. These badges must be worn conspicuously displayed on the outside of their clothing. The badge shall contain the applicant's name and mercantile license number in large visible numerals.
I. 
No vehicle is to be removed from its original spot until it has been established by the Atlantic City Police Department that said vehicle is not a stolen vehicle or a vehicle wanted in the commission of a crime.
J. 
Should a vehicle be found to be stolen or wanted, the Towing Division of the Atlantic City Police Department shall be notified and an officer or detective be called to that location for the preservation of evidence. Said vehicle then will be towed by the Towing Division of the Atlantic City Police Department.
K. 
Licensed tow truck drivers shall be neat and clean at all times.
L. 
All employees of a tow truck operator shall be polite and courteous to the public at all times.
M. 
Should the NCIC SCIC computers be down, the Atlantic City Towing Division shall authorize towing and a hookup made within 24 hours, and, if found to be a stolen or wanted vehicle, the towing company shall surrender the vehicle at no charge. No vehicle shall be towed without such authorization.
N. 
No tow truck operator or his employee shall harass or abuse a City employee.
O. 
No tow truck operator or his employee shall use physical violence against any City employee.

§ 235-13 Tow lot facilities.

A. 
The mercantile license shall be prominently displayed in the tow lot storage facility.
B. 
All vehicles towed must be stored within the city limits of Atlantic City. No vehicle shall be towed to any other location than that which is specified in the application or revised application of the mercantile license.
C. 
Before towing, written permission must be given by owner or agent of that facility.
D. 
Each operator will maintain at the facility to which the impounded vehicle is being towed the log or entry book for vehicles towed and a copy of the contract authorizing such towing service.
E. 
Log book and records.
(1) 
The log book and contracts and all other records are to be displayed to any law enforcement officer, including inspectors or employees of the Division of Local Vehicle Licensing when requested.
(2) 
The contract or agreement to tow and the mercantile license must be displayed to any interested party requesting them.
F. 
Each impound facility shall be manned by a responsible representative of a towing company 24 hours a day while vehicles are being stored there.
[Amended 2-5-1992 by Ord. No. 8-1992]
G. 
Each towing company shall be responsible for damages while providing towing service.
H. 
After a vehicle has been at the towing storage facility for a period of seven days, it may be towed to another storage area in Atlantic County, provided that the Atlantic City Police Department has been notified as to the date and time the vehicle is being moved and to what location. Prior to removal the vehicle shall be examined for theft by a member of the Atlantic City Police Department. It shall be the responsibility of the towing operator after at least 48 hours from the time that a vehicle has been impounded to send a written request to the Division of Motor Vehicles in the state where the vehicle is registered for a certified copy of the registration for the motor vehicle in question. Within 48 hours after this information is received from the Division of Motor Vehicles, it will be the towing company's responsibility to notify the vehicle owner of the circumstances surrounding the towing and the fees incurred. The fee for the inquiry to the Division of Motor Vehicles may be added to fees already outstanding for the initial towing and storage fees.
I. 
Fees and charges.
[Amended 2-1-1989 by Ord. No. 5-1989; 2-5-1992 by Ord. No. 8-1992; 9-20-2006 by Ord. No. 72-2006; 9-17-2008 by Ord. No. 84-2008]
(1) 
The maximum authorized towing service fee which may be charged to a vehicle owner for its release shall be based upon its gross vehicle weight rating, as listed on the vehicle registration document, as follows:
(a) 
Vehicles having a gross vehicle weight rating of 6,000 pounds or less: $100.
(b) 
Vehicles having a gross vehicle weight rating of greater than 6,000 pounds, up to and including 10,000 pounds: $200.
(c) 
Vehicles having a gross vehicle weight rating of greater than 10,000 pounds: $350.
(2) 
Storage charges shall be as follows: There shall be a maximum charge for the storage of towed vehicles, after the first 12 hours, of $10 per day, up to and including the first 10 days. From the 11th day until the release of the vehicle, there shall be a maximum charge of $15 per day.
(3) 
Extra service fees:
Service
Fee
Flipping automobiles over at accidents
$125
Using two tow trucks
$75 extra
Using flatbed tow trucks
$75 extra
Using dollie wheels and/or GoJaks®
$50 extra
Vehicles with trailer
$60 extra
J. 
No motor vehicle shall be removed from the vehicle storage facility without first submitting to the towing operator proper identification from the person claiming such motor vehicle. A receipt for that towing service must be provided which shall show the full towing service name, address and phone number and shall be endorsed by the agent releasing the vehicle and the signature of the person receiving the vehicle, plus the fee for said service.
K. 
The towing operator shall exact compliance to this chapter by all of his employees.
L. 
If a vehicle is towed in violation of any section of this article, the vehicle is to be released at no cost.
M. 
The towing operator or his employees or other designate may not offer a tip, gratuity or other thing of value to an inspector or any other employee of the City.
N. 
All tow trucks must be equipped with a rotary or flashing amber light, approved-type fire extinguishers for gasoline or electrical fires and road flares.
O. 
All tow trucks must be kept in good running condition, including but not limited to tires, brakes, steering mechanism, lights and body and tow body (boom mechanism).
P. 
All tow trucks shall have the name of the registered owner, address and phone number and mercantile license number painted on or permanently attached to both sides of the tow truck.
Q. 
A copy of the tow truck's mercantile license must be kept in the tow truck at all times.
R. 
All tow trucks must be inspected by the Division of Local Vehicle Licensing once each year.
S. 
A sign showing the fees and charges set forth in § 235-131 shall be placed at the towing facility in a conspicuous place where it can be read by the public.
[Added 2-5-1992 by Ord. No. 8-1992]
T. 
No vehicle shall be towed from a lot unless a sign is clearly displayed showing the towing service, where the vehicle is being held, the phone number of the tow lot and the fees and charges to have the vehicle released.
[Added 2-5-1992 by Ord. No. 8-1992]

§ 235-14 Mercantile license fees.

[Amended 2-1-1989 by Ord. No. 5-1989; 4-20-2016 by Ord. No. 20-2016]
A. 
Every license granted shall entitle the licensee to operate the towing facility or to drive a tow truck for a period of one year from July 1 to June 30 of the succeeding year. The mercantile license fees are as follows:
Name of License
Fee
Licensed towing operator
$600
Licensed tow truck employee
$150
Licensed storage facility
$600
Licensed tow truck
$50

§ 235-15 Violations and penalties; administrative action.

A. 
When a violation of this article occurs, the violator may be fined and/or have his license suspended or revoked, according to the penalties set forth in this article.
[Amended 2-5-1992 by Ord. No. 8-1992]
Section Number
Penalty
Court Appearance Required
235-9
Not applicable
235-10A
Up to $500, suspension and/or revocation, or both
Yes
235-10A(5)
$250
Yes
235-10A(6)
$250
Yes
235-10A(7)
$250
Yes
235-10A(8)
$250
Yes
235-10B
Up to $500, suspension and/or revocation, or both
Yes
235-10C
Not applicable
235-10D
Not applicable
235-10E
$100
No
235-11A
Not applicable
235-11B
Not applicable
235-11C
Not applicable
235-11D
Not applicable
235-11E
Not applicable
235-12A
$100
No
235-12B(1)(a)
$100
No
235-12B(1)(b)
$100
No
235-12B(1)(c)
$100
No
235-12B(3)
$100
No
235-12C
$100
No
235-12D
$100
No
235-12E
[Amended 6-21-2000 by Ord. No. 43-2000]
Up to $500, suspension and/or revocation, or both
Yes
235-12F
$100
No
235-12G
$100
No
235-12H
$100
No
235-12I
$200
No
235-12J
Not applicable
235-12K
$100
No
235-12L
$100
No
235-12M
$200
No
235-12N
$100
No
235-12O
$200
No
235-13A
$100
No
235-13B
$100
No
235-13C
Up to $500, suspension and/or revocation, or both
Yes
235-13D
Up to $500, suspension and/or revocation, or both
Yes
235-13E
Up to $500, suspension and/or revocation, or both
Yes
235-13F
Up to $500, suspension and/or revocation, or both
Yes
235-13G
Up to $500, suspension and/or revocation, or both
Yes
235-13H
Up to $500, suspension and/or revocation, or both
Yes
235-13I
Up to $500, suspension and/or revocation, or both
Yes
235-13J
$100
No
235-13K
$200
No
235-13L
Up to $500, suspension and/or revocation, or both
Yes
235-13M
$200
No
235-13N
$100
No
235-13O
$100
No
235-13P
$100
No
235-13Q
$100
No
235-13R
$100
No
235-14
Not applicable
235-15
Not applicable
B. 
Administrative action.
(1) 
For second and subsequent offenses of the same section of this article that occur within a year of each offense, the director may take administrative action. That administrative action may be suspension or revocation of the mercantile license or fines up to $1,000.
[Amended 2-5-1992 by Ord. No. 8-1992]
(2) 
If the alleged violation is punishable administratively, the director will serve a written notice on the violator by personal service or mail. This written notice shall contain a complete list of the charges, date, time and location of the scheduled hearing at least 15 days prior to the hearing.
(3) 
The defendant may produce any witnesses or evidence and may be represented by legal counsel.
(4) 
If after the hearing the director finds that the defendant is guilty, then he may take the appropriate action.
(5) 
The appropriate action may be fines up to $1,000, suspension or revocation, or both.
[Amended 2-5-1992 by Ord. No. 8-1992]
(6) 
If the director finds that emergency action is required to ensure the public health, safety or welfare, he may order summary suspension pending revocation proceedings. Such order shall be served either by witnessed personal service or by certified mail, return receipt requested.
(7) 
The proceedings after summary suspension shall be expeditiously handled, and in no event later than 30 days after summary notice.

§ 235-16 Fees for towing damaged or stolen vehicles.

[Added 2-27-1991 by Ord. No. 8-1991]
A. 
Notwithstanding any other provision in this article or in this Code or any other ordinance, the fees for towing and storage of vehicles that are damaged in accidents or recovered after being stolen shall be as further set forth in § 235-17 of this article.
B. 
Charges at accident scene.
[Added 4-12-2000 by Ord. No. 11-2000; amended 9-20-2006 by Ord. No. 72-2006; 9-17-2008 by Ord. No. 84-2008]
Service
Fee
Flipping automobiles over at accidents
$125
Off-road recovery
$125
Using two tow trucks
$75 extra
Using flatbed tow truck
$100 extra
Using dollie wheels and/or GoJaks®
$50 extra
Vehicles with trailer
$60 extra

§ 235-17 Schedule of fees.

[Added 2-27-1991 by Ord. No. 8-1991]
Fees for towing damaged or stolen vehicles shall be the maximum allowed by N.J.A.C. 11:3-38.1 et seq., as it may be amended from time to time. Effective January 1, 1991, and until such time as they may be changed pursuant to state law or regulation, the fees shall be as follows:
A. 
Towing fees: $100.
[Amended 4-12-2000 by Ord. No. 20-2000; 9-20-2006 by Ord. No. 72-2006]
B. 
Storage fees for each twenty-four-hour period:
[Amended 4-12-2000 by Ord. No. 19-2000; 9-20-2006 by Ord. No. 72-2006]
Type of Facility
Fee
Inside building of 21 or more spaces
$13
Inside building of 10 to 20 spaces
$18
Inside building of less than 10 spaces
$22
Outside secured facility of 21 or more spaces
Motor vehicles
$25 for the first 10 days; $30 thereafter
Buses or trucks
$20
Outside secured facility of 10 to 20 spaces
$11
Outside secured facility of less than 10 spaces
$13
Outside unsecured facility of 21 or more spaces
$7
Outside unsecured facility of 10 to 20 spaces
$9
Outside unsecured facility of less than 10 spaces
$10
C. 
Storage fees shall commence when the vehicle arrives at the storage facility.