[HISTORY: Adopted by the Common Council of the City of Egg Harbor City 6-8-2006 by Ord. No. 13-2006. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 251, Towing, adopted 11-8-1979 by Ord. No. 23-1979, as amended.
It is hereby declared and found that it is of vital importance to the traveling public that disabled vehicles be removed from the highways as promptly as possible, that delay in removal results in retarding the movement of traffic unnecessarily and causes street accidents, and that the towing of disabled motor vehicles in the streets of the City of Egg Harbor is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safeguarding the public against fraud and exorbitant rates and similar abuses.
The purpose of this chapter is to establish, pursuant to N.J.S.A. 40A:11-5(l)(u) a list of towing contractors to provide basic towing and storage services for the City of Egg Harbor on a rotating basis and to establish pursuant to N.J.S.A. 40:28-2.49, regulations governing the rates and operators engaged in nonpreference towing and storage services in the City of Egg Harbor. Said services shall be provided tinder the supervision of the Mayor and Director of Public Safety of the City of Egg Harbor or their designee.
As used in this chapter, the following terms shall have the meanings indicated:
- Any vehicle which is parked along any highway or other public property or on any private property without the consent of the owner or other person in charge of the property for a period of more than 48 hours, or for any period without current registration or license plates, as required by law, or is positioned so as to constitute an obstruction to traffic.
- A granulated or powder substance used to soak up fluids commonly found in the operation of motor vehicles.
- AFTER-HOURS RELEASE
- An additional fee incurred by the vehicle owner for release of his/her vehicle after business hours. After-hours release can only occur with mutual consent of the vehicle owner and the City towing contractor.
- BASIC ENVIRONMENTAL CLEANUP
- The cleanup and removal of small quantities of fluids that are associated with the operation of a motor vehicle which leak on the ground.
- COMMON INTEREST PROPERTY
- Semipublic roadways, driveways and parking areas in residential, common interest developments. Common property of covenant controlled communities and homeowner associations.
- DISABLED VEHICLE
- A motor vehicle which has been abandoned or rendered inoperable by mechanical failure or accident.
- EGG HARBOR CITY STORAGE FACILITY
- Any facility or location owned or under control of Egg Harbor City that the Police Department may direct an impounded vehicle to be removed to.
- EXTRAORDINARY SERVICE
- A charge for extra manpower, equipment or additional service that may be necessary to recover or tow a disabled vehicle. An extraordinary service charge is not to be routinely incurred.
- The act of storing and confining a motor vehicle upon an order of the Police Department at either the towing operator's storage area or at a City facility as a result of abandonment, involvement in an accident, suspected criminal activity and any violation of the New Jersey Vehicle Statutes which the police may act upon.
- INSIDE BUILDING SECURED
- A vehicle storage facility that is completely indoors, having one or more openings in the wall for storage and removal of vehicles, and that is secured by a locking device on each opening. The inside storage space shall be safeguarded against access by unauthorized personnel.
- FLAT BED
- A vehicle carrier equipped with a wheel lift and roll back/tilt bed with dual rear wheels capable of removing and transporting small trucks, full-size vans or large passenger cars damage free.
- MOTOR VEHICLE ACCIDENT
- An occurrence in which a vehicle comes in contact with any other object for which the vehicle must be towed or removed for placement in a storage facility. This includes all situations which are accidental to one person, even if caused by the intentional acts of another.
- MUNICIPAL TOWING CONTRACTOR
- A person, firm, corporation or partnership engaged in the business of providing basic towing services, road service and storage services for motor vehicles, licensed under authority of this chapter to provide towing services at the request of the Police Department.
- NON-BASIC TOWING SERVICES
- All towing services which are not basic towing services as defined herein.
- ORDINARY CARE
- Care that is normally given to protect a motor vehicle from further damage, including but not limited to usage of tarps for environmental protection and security protection for storage areas.
- OUTSIDE BUILDING SECURED
- A vehicle storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six feet high and is installed with a passive alarm system or a similar on-site security measure. The facility is to be lit at night. The facility must be an area of at least 10,000 square feet.
- A person, firm, corporation or other entity who owns, leases and/or operates, parks or abandons a vehicle on the roads or highways within the City of Egg Harbor, which vehicle by reason of being disabled or unlawfully upon said road requires towing services.
- PERSONAL BELONGINGS
- Property belonging to or under control of a vehicle owner that might be contained in a vehicle. Personal belongings do not include items attached to the vehicle.
- The Egg Harbor City Police Department.
- PRINCIPAL LOCATION
- Sufficient space at an auto-related business where the licensee shall conduct business associated with the towing and storage of vehicles under the authority of the towing license issued by the City of Egg Harbor. Principal location must be staffed during business hours and maintain a clean and comfortable waiting area with toilet facilities.
- PRIVATE PROPERTY
- All roadways, driveway and parking areas not common interest property or under the jurisdiction of a public body as authorized by law.
- PRIVATE TOWING CONTRACTOR
- A person, firm, corporation or partnership engaged in the business of providing nonemergency, nonpreference towing and storage services for motor vehicles, licensed under the authority of this chapter to provide towing services at the request of the common interest property association.
- Any vehicle that is recovered from a position beyond the right-of-way or berm, or from being impaled upon any other object within the right-of-way or berm. It shall also include the uprighting of any vehicle which is overturned or on its side.
- ROUTE CALLS FOR SERVICE
- Repairs that can be provided to a disabled vehicle without towing, including but not limited to flat tire changing, jump starting and gasoline deliveries.
- STORAGE FACILITY
- A lawfully licensed area or lot where motor vehicles are kept, deposited or stored on a temporary basis.
- STORAGE FEES
- The maximum allowable amount of storage charges to be charged per twenty-four-hour period or any part thereof.
- STORAGE SERVICES
- The housing or holding of vehicles by a licensee under authority of this chapter.
- TOW VEHICLE
- Vehicles equipped with a boom or booms, winches, slings, tilt-beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal of automobiles.
- UNCLAIMED VEHICLES
- Any vehicle towed by a licensed tower under the chapter that is left unclaimed for a period of 10 days.
- Every device in, upon or by which a person or property is or may be transported upon a highway, except devices moved by human power.
- WAITING TIME
- Additional time a tow operator spends at the scene other then the time required for the actual tow and/or recovery.
- A tow vehicle with dual rear wheels capable of towing or wheel lifting vehicles.
The Mayor or Director of Public Safety, or their designee, and the Police Department of the City of Egg Harbor are hereby designated to administer and enforce all provisions of this chapter.
No towing contractor shall operate within the City of Egg Harbor for towing and/or storage services unless the towing operator has obtained a license issued by the City of Egg Harbor.
No towing service, whether licensed or unlicensed, shall respond to the scene of an accident or emergency for the purpose of towing a vehicle unless specifically notified by the Police Department or at the request of the vehicle owner. All persons, wreckers and tow vehicle operators are prohibited from soliciting business at the scenes of accidents or emergencies within the City.
Unless another penalty is expressly provided for by New Jersey statute, every person convicted of a violation of this subsection shall be liable to a penalty of not more than $500 and or imprisonment for a term not exceeding 90 days.
The complete legal business name, business address and principal location address.
The complete home address, home telephone number, date of birth and social security number of the applicant, if a sole proprietorship, or the complete home addresses, home telephone numbers, dates of birth and social security numbers of principal officers and partners, if the applicant is a corporation or partnership.
Photocopies of all registrations of every tow vehicle to be operated by the applicant. If the tow vehicle is leased, the applicant is required to submit a lease agreement.
Names, addresses and telephone numbers of any lienholders on the principal location.
Name, address and telephone number of the insurer and photocopies of each certificate of insurance.
Photocopies of all towing vehicle operators' current drivers' licenses, along with their social security numbers.
Evidence to demonstrate that the applicant applying for the license has at least five years' experience in the field of towing and storage of vehicles.
Proof that the applicant has a principal location and storage facility within the City of Egg Harbor.
Proof that the applicant's principal location and storage facility meet all zoning requirements applicable.
The applicant shall provide an agreement that upon the issuance of a license the City towing contractor shall indemnify the City of Egg Harbor against all claims of a third party relating to any and all claims arising from towing and/or storage services of the licensee.
The applicant shall provide an affidavit that the information given in the application is true and correct.
Applications will be processed according to the order in which the City Clerk received them.
Investigation and inspection.
Applications received by the City Clerk shall be referred to the Director of Public Safety, The Director or his designee shall initiate an investigation to be made of the applicant and of its proposed business operation and shall perform inspections of the vehicles to be licensed.
A criminal history check and driver's license check will be performed on all persons listed in the application. Each applicant will pay fees required by the State of New Jersey for criminal history record information.
The City of Egg Harbor recognizes that the City towing contractor must be trustworthy in that it is safeguarding vehicles belonging to others, Therefore, to protect the public interest, the City of Egg Harbor may disqualify any applicant wherein an employee, owner, officer, partner, etc. that has been convicted of a crime (including a disorderly persons' offense) or any violation that would indicate that the applicant may not be responsible to perform in the best interest of others.
The City of Egg Harbor recognizes that tow truck operators must also be drivers who abide by the state's motor vehicle laws. Accordingly, the City of Egg Harbor may disqualify any tow truck operator having one or more convictions, within three years of the date of the application or renewal thereof, of any moving violation of the motor vehicle laws of this state, which the Director of Public Safety or his/her designee determines will negatively impact upon the ability of the tow truck operator to safely and properly perform the services listed in this chapter. If the applicant is already licensed, any conviction for any moving violation which the Director of Public Safety or his/her designee determines will negatively impact on the ability of the tow truck operator to safely and properly perform required services will result in the disqualification of the tow truck operator from performing duties associated with this chapter.
The City towing contractor shall notify the Police Department in writing of any criminal charges (including disorderly persons' offenses), motor vehicle offenses, or ordinance violations that are issued against the City towing contractor or its employees during the term of the license. Failure to make the proper notification to the Police Department may result in the revocation of the license.
The Director of Public Safety shall have a reasonable period of time after the receipt of the completed application to complete the investigation and inspection and submit a written report to the City Clerk. The report shall include recommendations that the applicant be accepted, denied or accepted with provisions.
Issuance of licenses and fees.
Upon written notification by the Director of Public Safety that an application has been approved, the City Council shall, at a public meeting, by resolution, consider the issuance of a license.
Upon approval by the City Council, the City Clerk shall issue a license to the City towing contractor under this chapter.
A yearly applicant fee of $100 shall be payable to the City of Egg Harbor.
All towing licenses will be issued for a period of one year beginning January 1 of each year and expire on December 31. Applications for license renewals are to be completed and returned to the City Clerk by September 15 for the following calendar year.
Licenses are property of the City of Egg Harbor and cannot be assigned, leased, shared, transferred or sold to another person, corporation or proprietorship under any circumstances.
The City towing contractor shall not represent that he/she is a servant, agent or employee of the City with respect to said towing service but is an independent contractor and shall not hold himself/herself out as an official member of the government of the City of Egg Harbor or of its departments.
The City of Egg Harbor may issue a temporary City towing contractor license in the event that any emergent situation arises, for the purpose of adding additional towers or replacing a current license, for reasons of revocation, or issued immediately, but the applicant must submit an application within two business days. A temporary license shall be valid for 60 days.
Tow vehicle requirements.
A City towing contractor must own or lease for use, two tow vehicles (one of which must be a medium-duty flatbed).
All tow vehicles must have properly authorized amber emergency warning lights mounted so as to warn approaching traffic of their presence.
All tow vehicles must comply with all applicable laws and safety standards.
The City towing contractor must maintain a twenty-four-hour telephone service for police contact All responding tow vehicles must have two-way communications via radio or cellular phone.
Storage facility requirements.
All vehicle stored under this chapter shall be stored and protected with ordinary care to protect the vehicle from further damage. All vehicle storage will be one level.
There shall be no unescorted access to the storage area by the general public. Storage areas shall be posted against unauthorized entry.
The Police Department shall have access to any part of the storage area 24 hours a day, seven days a week, for the purpose of inspection and investigation. Under this provision, "access" means a contact person must be provided to provide entry.
No vehicle towed by the City towing contractor shall be stored outside of the storage facility.
The City towing contractor shall maintain regular hours for the release of vehicles from storage. A minimum of eight hours a day Monday through Friday (excluding New Jersey state holidays). Weekend releases will be by prior appointment only. Hours shall be conspicuously posted at the City towing contractor's principal location and the storage facility.
The City towing contractor shall be responsible for the basic towing services on a twenty-four-hours, seven-days-a-week basis during the terms of his/her license.
City towing contractors will be placed on call on a rotating basis as determined by the Director of Public Safety.
The City towing contractor shall be required to respond to all City requests for towing services within a reasonable amount of time unless unusual traffic conditions exist. Repeated late arrivals without satisfactory cause shall constitute grounds under which the Director of Public Safety may consider the City towing contractor in violation of this chapter and may be grounds for immediate suspension or revocation of said license.
Nothing in this chapter shall prevent the owner or operator of a vehicle from contacting a tower or wrecker of their own choice to remove the vehicle from the public streets of the City of Egg Harbor City after it has become disabled or otherwise inoperable, unless the police officer on the scene determines that public safety requires that the vehicle be immediately removed from the scene, at which time the on-call City towing contractor will be summoned.
All owners or operators of any disabled vehicle retain the right to direct the City towing operator to remove the disabled vehicle to a garage or workshop of their own choosing, provided that payment or arrangement for payment for services has been made to the City towing contractor.
City towing contractors licensed under this subsection shall accept a minimum of two major credit cards.
City towing contractors shall be responsible for the towing of vehicles from the public streets, public rights-of-way, public easements, avenues, thoroughfares, public or quasi-public places, including parks and playgrounds, or any other City storage facility as directed by the Police Department.
The City towing contractor shall remove vehicles for storage to either the City towing contractor's storage facility or the City storage facility as directed by the Police Department.
Vehicles towed to the City towing contractor's storage facility will incur charges as set forth in this chapter.
In the event, the police direct the City towing contractor to move the vehicle from the City Storage facility to his/her storage facility, the owner of the vehicle will incur the cost of the additional tow and storage fees commencing the date the vehicle is moved. The City towing contractor that provided the original service will be requested to provide the secondary service.
The owner of any vehicle shall have the right to remove his/her personal belongings from the stored vehicle within 24 hours of the accident or release from the hospital. A release for personal property must be obtained from the Police Department, listing exactly what property is to be released. The release of personal property will take place during normal business hours. All other personal belongings can be removed after the owner satisfies his/her obligations with the City towing contractor.
The owner or agent of the owner shall have the right to photograph the stored vehicle during normal business hours.
If the stored vehicle is being held as evidence, the removal of personal belongings and/or photographs will be allowed only with the consent of the Police Department.
When the City towing contractor has been contacted to remove a disabled vehicle by the Police Department and then the owner or operator of that vehicle appears prior to the City towing contractor's arrival and requests his/her own towing service, the City towing contractor cannot charge for the response.
The City towing contractor will also be responsible to clean up and remove all broken glass and debris at the scene of accidents as per N.J.S.A. 39:4-56.8-b.
The City towing contractor will also be responsible for basic environmental cleanup.
In the event that an emergency arises and the on-call City towing contractor cannot provide adequate service when requested by the Police Department, another City towing contractor will be contacted to respond.
If no City towing contractor can perform the required service, the Police Department may contact any available towing contractor with the proper equipment to perform the activity. The fees for vehicles that require this extraordinary service shall be reasonable and customary, based upon the prevailing rate in the industry. Whenever applicable, it shall be the responsibility of the towing contractor to first inform the owner or operator of the estimated total cost prior to the performance of any towing service.
City towing contractors may not charge any owner for any damage to his/her tow equipment or storage facilities resulting from any towing operation.
Prior to towing any vehicle, the City towing contractor shall remove or secure anything that may fall from the disabled vehicle while being towed.
The City towing contractor will notify the Police Department on a monthly basis, if they are in custody, of any unclaimed police-requested, stored vehicles. The Police Department will file for junk titles for any vehicles towed at the Police Department's request left on the City towing contractor's premises. The Police Department will be responsible for compliance with N.J.S.A. 39:10A-1 and will make every effort to dispose of unclaimed vehicles expeditiously.
The rates on the City of Egg Harbor Towing and Storage Rate Schedule annexed hereto and incorporated herein by reference, represent the maximum rate permitted under this chapter. It shall be unlawful for any City towing contractor to charge a rate in excess of the rates prescribed in this chapter therein for the services regulated herein.
Editor's Note: A copy of the Towing and Storage Rate Schedule is on file in the City's offices.
There shall be no mileage charge for any vehicle towed under this chapter from the point of service back to the City towing contractor's storage facility or the Egg Harbor City storage facility. If the owner or operator designates the vehicle to be towed to another location, then the City towing contractor can only charge for the loaded mileage outside the boundaries of the City.
Separate fees are incurred for each recovery action.
On each occasion that extraordinary service is provided, receipts of expenses incurred by the City towing contractor must be maintained by the City towing contractor for review prior to billing the owner of the vehicle.
As deemed necessary, the Director of Public Safety shall recommend to the City Council, which shall establish by resolution, changes to the Egg Harbor City Towing and Storage Rate Schedule.
An administrative fee of $25 is to be charged for the processing of a tow release prepared by the City of Egg Harbor Police Department. Such fee is to be paid by the owner of the vehicle and collected by the City of Egg Harbor prior to a release being issued.
[Added 6-25-2015 by Ord. No. 10-2015]
The City towing contractor shall have in effect, prior to application and at all times during the term of the license, the following insurance:
Garage keeper's liability must be maintained in the amount of $500,000 for any one claimant, and $1,000,000 for more than one claimant, along with $500,000 coverage for property damage for any one event.
Automobile insurance must be maintained and it must be issued by an insurance corporation authorized to transact business in the State of New Jersey. The policy must insure every tow vehicle operator against liability imposed by law for damages arising out of bodily injury, including death, sustained by any person and injury or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of the tow vehicle of the City towing contractor. The amount of the limits of liability coverage to be offered by such policy shall be $2,000,000 combined single limit.
Workers' compensation insurance insuring the obligation of the City towing contractor under the New Jersey Workers' Compensation and Occupational Disease Laws.
The City towing contractor shall supply a certificate of insurance to the City Clerk which describes each policy of insurance and identifying the City of Egg Harbor as an additional insured party. Each certificate of insurance shall contain a provision that no cancellation of the policy shall become effective until after the expiration of 15 days' written notice of such proposed cancellation forwarded by the insurance company to the Egg Harbor City Clerk.
The City towing contractor shall prepare and issue to the owner/operator a written invoice for services rendered under this chapter. The invoice shall reflect the date, time, and location of service, the employee that performed the service and that the service was performed at the direction of the Police Department. A copy of the invoice shall be retained by the City towing contractor and filed in a manner that coincides with his/her normal business practice and will allow immediate access to such records when requested by the Police Department.
The City towing contractor has discretion to establish the method of payment and forfeits all mechanic lien rights once he/she physically releases a vehicle from his/her custody. The City will not be held liable for or assist the City towing contractor to collect any unpaid fees that were incurred under the provisions of this chapter.
The City towing contractor shall incur the cost of and shall post the rate schedule listed in this chapter in a conspicuous location at the City towing contractor's principal location where payment of fees are transacted.
The City towing contractor shall incur the cost of preparing a payment rate circular for fees listed under this chapter and shall distribute this rate circular to all customers at no cost.
The City towing contractor shall not release any vehicle impounded under this chapter without written release from the Police Department. The release form must be attached and filed with the invoice.
All records, payment invoices and other documentation resulting from the City towing contractor's compliance with this chapter must be kept by the City towing contractor for a period of two years.
At all times the City towing contractor and his/her employees will present a neat appearance and act in a professional and courteous manner when interacting with the public and police.
All towing vehicles shall be operated in accordance with all existing traffic regulations and statutes and in a safe and prudent manner. Tow vehicle operators must request police assistance whenever their activities will obstruct or impede traffic flow.
The investigating officer and/or supervisor at the scene shall maintain complete charge of the incident scene (excluding the actual towing operations), and all tow operators shall comply with the officers' instructions.
The Director of Public Safety or his/her designee shall investigate and keep a record of all complaints that are received regarding the provisions of this chapter.
The Director of Public Safety, with the advice and consent of the Mayor, has the authority to suspend any license at any time for criminal activity (including disorderly persons' offenses), violation of applicable motor vehicle laws, or violations of this chapter.
The Director of Public Safety or his/her designee shall oversee all tow vehicles used by the City towing contractors to ensure that they are kept in a safe condition. The Director of Public Safety or his/her designee may inspect any or all tow vehicle at any time. If the Director of Public Safety or his/her designee finds the equipment inadequate or unsafe, the Director of Public Safety or his/her designee may demand immediate correction and/or suspend the City towing contractor's license.
The Director of Public Safety, with authorization by the City Council, may establish additional rules and regulations as may be necessary and reasonable to govern the issuance and the operation of towing services and storage facilities. Such rules and regulations, once adopted, shall be issued in writing to all City towing contractors.
Any City towing contractor who violates any section of this chapter, in addition to any other penalties provided by law, shall be subject to suspension of towing privileges for one month for a first offense, three months for a second offense and permanently for a third offense.
In addition to the previous subsection, the Director of Public may immediately revoke the City towing contractor's license for any offense grievous in nature.
After such revocation, the licensee may request a public hearing before the Licensing Committee. The licensee must notify the City Clerk, in writing, of a request for a hearing within 20 days of the termination notice issued by the Director of Public Safety.
In all cases, and in addition to any other penalty, if a City towing contractor overcharges a vehicle owner, the contractor will return the excess money paid.
Any complaint or dispute by an owner of a vehicle that is towed with or without the owner's consent pursuant to the provisions of this chapter shall be submitted to the Director of Public Safety or his/her designee, who shall promptly investigate and resolve any disputes.
Any person or company engaged in the towing of vehicles from common interest property shall obtain a mercantile license from the City. At the time an application is submitted to the City Clerk, the applicant shall provide the following information in a form acceptable to the Clerk.
The full name, address and telephone number of the company.
The full name, address and telephone number of each corporate officer and shareholder.
Proof of general and automobile liability insurance with a single limit coverage of not less then $1,000,000.
Proof of "hook insurance" with property damage coverage of not less than $250,000 or, in the alternative, a letter from the towing operator stating that it will be responsible for any and all damage caused by the towing operator and both the towing company and the common interest property association having a contract for the removal of vehicles from the common interest property shall supply to the City an agreement to save and hold harmless the City of Egg Harbor from any and all claims of any nature whatsoever from any party with respect to any towing operation conducted under the terms and conditions of this chapter.
An insurance certificate shall be in effect for the period of the mercantile license.
All trucks utilized by the private towing contractor shall have permanent identification on both the driver's side and passenger's side doors with at least three-inch letters painted thereon stating the name, address and telephone number of the owner or operator of said vehicle. Plastic or any other removable type of identification sign shall not be acceptable.
No mercantile license shall be issued to a private towing contractor unless the applicant supplies the City Clerk and the Police Department with the address and phone number of the property where said towed vehicle shall be stored. This property must be fenced and lighted and shall be accessible 24 hours per day, seven days per week.
No vehicle may be towed by a private towing contractor unless there is posted a sign or signs at all entrances which can easily be read at any time of the day or night indicating the location of the no-parking zones, the name, address and telephone number of the towing company, the address and telephone number of the location where the vehicle will be stored and the charge therefor.
The common interest property association shall file a copy of the contract between the private towing contractor and the common interest property association with the City Clerk and the Police Department.
The rates chargeable by a towing company shall not be more than $100 per vehicle up to and including 8,000 pounds GVW and $125 for vehicles over 16,000 pounds GVW. A fifty-percent drop fee shall be charged if the owner returns before the vehicle is towed. The towing operator shall give the person whose vehicle is towed or dropped a receipt.
Storage fees may not exceed $20 per day for the first 10 days of storage per vehicle and $30 per day for any day thereafter.
Private towing contractors licensed under this subsection shall accept a minimum of two major credit cards, 24 hours a day and must be able to do so both at the storage facility and by drivers on the road at the time service or tow is performed.
Prior to hooking a vehicle, the Egg Harbor City Police Department must be notified so as to verify that the vehicle is not listed as stolen or missing.
The common interest property association shall list who can approve the towing process. This representative shall appear on the contract between the towing operator and the common interest properly association.
The vehicle shall be stored at a mainland location within a ten-mile radius of the geographic boundary of Egg Harbor City.
No other means of restraint to a motor vehicle shall be utilized other than removal from the property. "Booting" is not permitted.
Unless another penalty is expressly provided for by New Jersey statute, every person convicted of a violation of this subsection shall be liable to a penalty of not more than $500 and/or imprisonment for a term not exceeding 90 days.
No vehicle may be towed from a commercial business property without appropriate notice to the vehicle owner. For the purpose of this subsection, appropriate notice includes actual communication, written notice or the posting of a sign or signs clearly indicating prohibition.