TITLE: Clinton moves to change fees
DESCRIPTION:
Time: 15:24:46
AN ORDINANCE TO
AMEND CHAPTER 129 OF THE CODE
OF THE TOWN OF CLINTON TO REVISE THE FEE SCHEDULE
WHEREAS, Chapter 129 of the Code of the Town of Clinton currently contains a fee schedule for towing and storage of motor vehicles; and
WHEREAS, the Police Department has recommended that the Town’s fee schedule for towing and storage be the same as the fees charged by the neighboring Township of Clinton so that motorists are not charged different fees for towing services at different points on the same road; and
WHEREAS, there is the need for flexibility in setting future towing and storage fees which can be achieved by setting those fees by resolution rather than ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Clinton, in the County of Hunterdon and State of New Jersey:
Section 1. Subsection A of Section 129-5 entitled “Classification standards of tow operators” of the Code of the Town of Clinton is amended to read as follows:
A. Light duty. A light-duty tower shall be
able to handle all makes of passenger cars and small trucks up to one ton
two tons, such as pickup and small panel trucks. The garage from which a
light-duty tower originates must be equipped with a portable car dolly. Each
light-duty tower shall be equipped with the following: [no change to the
existing subsections]
Section 2. Section 129-12 entitled “Fee schedule” of the Code of the Town of Clinton is amended to read as follows:
§129-12. Fee schedule.
A. Towing rate schedules. The Chief of Police shall recommend to the Mayor and Council rate schedules for towing fees to be charged by a tow operator in the Town of Clinton pursuant to this Chapter based on the usual, customary and reasonable rates of operators towing motor vehicles in the Town. The Mayor and Council may accept such recommendation by adopting a resolution establishing those rates.
B. Storage rates schedules. The Chief of Police shall recommend to the Mayor and Council rate schedules for storage fees to be charged by a tow operator in the Town of Clinton for the storage of towed vehicles pursuant to this Chapter based on the usual, customary and reasonable rates of operators storing towed motor vehicles in the Town. The Mayor and Council may accept such recommendation by adopting a resolution establishing those rates.
C. Availability of fee schedules to the public. All fee schedules shall be made available to the public during normal business hours in the office of the Town Clerk, and posted conspicuously at the tow operator’s storage area and any repair garage operated by the tow operator. Prior to commencing any tow service, the police shall present to the owner or operator of the disabled vehicle a document clearly and concisely setting forth the tow operator’s name, telephone number, location of its storage area and a towing and storage fee schedule in plain language.
D. Pursuant to law, the fee schedule set by resolution as provided in Subsections A and B above shall be reviewed by the New Jersey Commissioner of Insurance on an annual basis. In the event the fee schedules are revised by the Commissioner, the revised fees shall be the maximum fees that may be charged by official tow operators and the revised fee schedules shall be posted as provided in Subsection C above.
E. Fees charged by a tow operator which is called to the scene by the Police Department of the Town shall be the same as those set forth by resolution pursuant to Subsection A and B above. Any other towing services to motor vehicles when requested privately by individuals shall be at the rates as agreed to between the individual and the tow operator.
Section 3. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Section 4. If any section, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction for any reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
Section 5. This Ordinance shall take effect upon final passage and publication according to law.
TOWN OF CLINTON
ATTEST:
__________________________ __________________________________
CECILIA COVINO, CLERK CHRISTINE SCHAUMBURG, MAYOR
S:\Clinton 2008 General\Ordinances\Towing fee schedule.doc