What is the name of your state (only U.S. law)? New Jersey
I just moved to Newark NJ, today I took public transit into New York and it happened to be a street cleaning day. My car was "towed for STREET CLEANING".
I found (I guess it would be called an ordinance) the ordinance 23:5-7 for street cleaning. Cars shall not be parked here, etc. I am not denying I was in violation of this.
My question arises on 23:5-11 and 23:5-11.2. 23:5-11 states that any vehicle in violation of [listed ordinances, 23:5-7 being one of them] found on a public highway (I realize this means any public road,) the officer shall move or secure the removal of the vehicle. (Yes, this means they can tow me.)
However, in 11.2 it states such vehicle is parked in violation where signs are supplemented with a tow away sign.
My question is, does 23:5-11.2 apply to 23:5-11.
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Full ordinances quoted below. Bolded relevant sections.
"23:5-7. PARKING OR STANDING PROHIBITED IN CERTAIN AREAS AT CERTAIN TIMES FOR STREET CLEANING.
No person shall park or stand a vehicle:
a. On Wednesdays only, between the hours of 12:00 noon and 4:00 p.m. on the south and west sides, and on Thursdays only, between the hours of 12:00 noon and 4:00 p.m., on the north and east sides, of any of the streets within the area bounded:"
"23:5-11. IMPOUNDING AND/OR IMMOBILIZING VEHICLES ILLEGALLY PARKED OR SUBJECT TO OUTSTANDING TRAFFIC WARRANTS.
a. Whenever any member of the Newark Police Department finds a vehicle upon a public highway in the City and:
1. Such vehicle is parked in violation of Sections 23:5-1, 23:5-2, 23:5-3, 23:5-3.1, 23:5-3.2, 23:5-4, 23:5-6, 23:5-7, 23:6-2, 23:6-3 and 23:6-4 or these Revised General Ordinances; or
2. Such member has reasonable grounds to believe that such vehicle has been abandoned as defined in N.J.S. 39:4-56.5; or is subject to outstanding traffic warrants as defined in N.J.S. 39:4-139.13;
Then such member may immobilize and/or move and secure the removal of such vehicle to such garage or place as may be designated by the Director of Police as a garage or place for the impounding of such vehicles, and such vehicles shall be there retained and impounded until the person owning such vehicle shall pay the reasonable cost of such taking, and/or removal, together with the normal storage charges as set forth in Section 8:19-6 of these Revised General Ordinances of the City of Newark. The fee for immobilization shall be seventy-five ($75.00) dollars. Immediately after a vehicle is so removed, the Chief of Police or such member acting for him/her shall notify the registered and legal owner in writing, by personal service or by registered mail at the last known address of the owner of the removal of such vehicle. After the vehicle has been in the possession of the Police Department for thirty (30) days and the owner is unknown and cannot be found or refuses to receive such vehicle, the Director may proceed to sell such vehicle in accordance with the provisions of the laws of the State.
b. 1. Pursuant to N.J.S. 39:4-139.2, the Parking Offenses Adjudication Act, the City of Newark has the authority to make, amend, repeal and enforce an Ordinance authorizing the impoundment or immobilization of motor vehicles found within the Municipality if there are any outstanding warrants against auto vehicles. The City of Newark hereby exercises this authority and delegates to the Newark Police Department and/or its agents within the City of Newark if there are outstanding warrants against such vehicles.
2. Except for vehicles owned by lessors who have complied with the provisions of the act respecting lessors, if any outstanding warrants are not paid by midnight of the 30th day, following the day on which the vehicle was impounded or immobilized, the vehicle may be sold at public auction. The City shall give notice of the sale by certified mail to the owner, if his or her name and address is known, and to the holder of any security interest noted on the files of the sale be in a form prescribed by the Director of the Division of Motor Vehicles by publication of public notice at least five (5) days in advance of the date of sale. Publication shall be in one (1) or more of the official newspapers of the City, which newspapers are established by annual resolution of the Governing Body.
3. At any time prior to the sale, the owner of the motor vehicle or other person entitled to the motor vehicle may reclaim possession of it upon payment of the reasonable costs of removal and storage of the motor vehicle, and any fine or penalty and Court costs assessed against the owner of the vehicle for a violation(s) which gave rise to the impoundment or immobilization of the vehicle; including any outstanding warrants against such vehicle; provided however, the owner-lessor of a motor vehicle who has complied with the provisions of "The Parking Offense Adjudication Act" respecting lessors shall be entitled to reclaim possession without payment, and the lessee shall be liable for any fine, penalty, Court costs and outstanding warrants against the vehicle.
4. Any proceeds obtained from the sale of the vehicle at public auction in excess of the amount owed to the City for the reasonable costs of removal and storage of the motor vehicle, and any fines or penalties and Court costs assessed against the vehicle for the violation which gave rise to the impoundment and/or immobilization of the motor vehicles, shall be returned to the owner of the vehicle, if his or her name and address are known.
5. Any unauthorized person who tampers with or removes the instrumentality utilized to impound or immobilize the vehicle, shall be liable to a penalty of not more than one thousand ($1,000.00) dollars or imprisonment for a term not exceeding ninety (90) days, or both.
(R.O. 1966 C.S. 23:5-11; Ord. 6 S+FG, 5-3-89)
23:5-11.1. Reserved.[18]
23:5-11.2. Mandatory Impounding of Illegally Parked Vehicles.
Whenever any member of the Newark Police Department finds a vehicle upon a public highway in the City and:
a. Such vehicle is parked in a zone where existing parking restriction signs are supplemented with tow-away zones signs, posted at the request of the Director of the Department of Engineering; or
b. Such vehicle is parked in front of a public or private driveway (excluding a private residential driveway) in violation of N.J.S. 39:4-138d; then
Such member shall move or secure the removal of such vehicle under the terms established in Section 23:5-11 of Title 23, Traffic and Parking, Impounding of Vehicles Illegally Parked, of the Revised General Ordinances of the City of Newark.
(Ord. 6 S+FD, 12-19-90; Ord. 6 S+FK, 10-02-91; Ord. 6 S+FD, 12-19-91)"
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I did find two other Newark city web pages. The first states that as long as my vehicle is kept in good running order, isn't left in the same spot for over 72 hours, and is registered currently, it should be fine. The second states that a street cleaning violation is a 35 dollar fine. I received no 35 dollar fine, but instead had to eat 221.30$ towing fees.
Towed Vehicles
City of Newark, NJ - Newark Fine Schedule
To Note: There is NOT a tow away zone sign posted with the street cleaning sign.
So what do you guys think, should I take it to court and attempt to get my 221 dollars covered by the city (and instead pay the 35 dollar fine,) or just eat the cost and be on with my life? Any chance I would win? And does 11.2 apply to section 11 or are the separate and the tow was lawful.
Thanks for your help!
I just moved to Newark NJ, today I took public transit into New York and it happened to be a street cleaning day. My car was "towed for STREET CLEANING".
I found (I guess it would be called an ordinance) the ordinance 23:5-7 for street cleaning. Cars shall not be parked here, etc. I am not denying I was in violation of this.
My question arises on 23:5-11 and 23:5-11.2. 23:5-11 states that any vehicle in violation of [listed ordinances, 23:5-7 being one of them] found on a public highway (I realize this means any public road,) the officer shall move or secure the removal of the vehicle. (Yes, this means they can tow me.)
However, in 11.2 it states such vehicle is parked in violation where signs are supplemented with a tow away sign.
My question is, does 23:5-11.2 apply to 23:5-11.
-----------------------------------------------------------------
Full ordinances quoted below. Bolded relevant sections.
"23:5-7. PARKING OR STANDING PROHIBITED IN CERTAIN AREAS AT CERTAIN TIMES FOR STREET CLEANING.
No person shall park or stand a vehicle:
a. On Wednesdays only, between the hours of 12:00 noon and 4:00 p.m. on the south and west sides, and on Thursdays only, between the hours of 12:00 noon and 4:00 p.m., on the north and east sides, of any of the streets within the area bounded:"
"23:5-11. IMPOUNDING AND/OR IMMOBILIZING VEHICLES ILLEGALLY PARKED OR SUBJECT TO OUTSTANDING TRAFFIC WARRANTS.
a. Whenever any member of the Newark Police Department finds a vehicle upon a public highway in the City and:
1. Such vehicle is parked in violation of Sections 23:5-1, 23:5-2, 23:5-3, 23:5-3.1, 23:5-3.2, 23:5-4, 23:5-6, 23:5-7, 23:6-2, 23:6-3 and 23:6-4 or these Revised General Ordinances; or
2. Such member has reasonable grounds to believe that such vehicle has been abandoned as defined in N.J.S. 39:4-56.5; or is subject to outstanding traffic warrants as defined in N.J.S. 39:4-139.13;
Then such member may immobilize and/or move and secure the removal of such vehicle to such garage or place as may be designated by the Director of Police as a garage or place for the impounding of such vehicles, and such vehicles shall be there retained and impounded until the person owning such vehicle shall pay the reasonable cost of such taking, and/or removal, together with the normal storage charges as set forth in Section 8:19-6 of these Revised General Ordinances of the City of Newark. The fee for immobilization shall be seventy-five ($75.00) dollars. Immediately after a vehicle is so removed, the Chief of Police or such member acting for him/her shall notify the registered and legal owner in writing, by personal service or by registered mail at the last known address of the owner of the removal of such vehicle. After the vehicle has been in the possession of the Police Department for thirty (30) days and the owner is unknown and cannot be found or refuses to receive such vehicle, the Director may proceed to sell such vehicle in accordance with the provisions of the laws of the State.
b. 1. Pursuant to N.J.S. 39:4-139.2, the Parking Offenses Adjudication Act, the City of Newark has the authority to make, amend, repeal and enforce an Ordinance authorizing the impoundment or immobilization of motor vehicles found within the Municipality if there are any outstanding warrants against auto vehicles. The City of Newark hereby exercises this authority and delegates to the Newark Police Department and/or its agents within the City of Newark if there are outstanding warrants against such vehicles.
2. Except for vehicles owned by lessors who have complied with the provisions of the act respecting lessors, if any outstanding warrants are not paid by midnight of the 30th day, following the day on which the vehicle was impounded or immobilized, the vehicle may be sold at public auction. The City shall give notice of the sale by certified mail to the owner, if his or her name and address is known, and to the holder of any security interest noted on the files of the sale be in a form prescribed by the Director of the Division of Motor Vehicles by publication of public notice at least five (5) days in advance of the date of sale. Publication shall be in one (1) or more of the official newspapers of the City, which newspapers are established by annual resolution of the Governing Body.
3. At any time prior to the sale, the owner of the motor vehicle or other person entitled to the motor vehicle may reclaim possession of it upon payment of the reasonable costs of removal and storage of the motor vehicle, and any fine or penalty and Court costs assessed against the owner of the vehicle for a violation(s) which gave rise to the impoundment or immobilization of the vehicle; including any outstanding warrants against such vehicle; provided however, the owner-lessor of a motor vehicle who has complied with the provisions of "The Parking Offense Adjudication Act" respecting lessors shall be entitled to reclaim possession without payment, and the lessee shall be liable for any fine, penalty, Court costs and outstanding warrants against the vehicle.
4. Any proceeds obtained from the sale of the vehicle at public auction in excess of the amount owed to the City for the reasonable costs of removal and storage of the motor vehicle, and any fines or penalties and Court costs assessed against the vehicle for the violation which gave rise to the impoundment and/or immobilization of the motor vehicles, shall be returned to the owner of the vehicle, if his or her name and address are known.
5. Any unauthorized person who tampers with or removes the instrumentality utilized to impound or immobilize the vehicle, shall be liable to a penalty of not more than one thousand ($1,000.00) dollars or imprisonment for a term not exceeding ninety (90) days, or both.
(R.O. 1966 C.S. 23:5-11; Ord. 6 S+FG, 5-3-89)
23:5-11.1. Reserved.[18]
23:5-11.2. Mandatory Impounding of Illegally Parked Vehicles.
Whenever any member of the Newark Police Department finds a vehicle upon a public highway in the City and:
a. Such vehicle is parked in a zone where existing parking restriction signs are supplemented with tow-away zones signs, posted at the request of the Director of the Department of Engineering; or
b. Such vehicle is parked in front of a public or private driveway (excluding a private residential driveway) in violation of N.J.S. 39:4-138d; then
Such member shall move or secure the removal of such vehicle under the terms established in Section 23:5-11 of Title 23, Traffic and Parking, Impounding of Vehicles Illegally Parked, of the Revised General Ordinances of the City of Newark.
(Ord. 6 S+FD, 12-19-90; Ord. 6 S+FK, 10-02-91; Ord. 6 S+FD, 12-19-91)"
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I did find two other Newark city web pages. The first states that as long as my vehicle is kept in good running order, isn't left in the same spot for over 72 hours, and is registered currently, it should be fine. The second states that a street cleaning violation is a 35 dollar fine. I received no 35 dollar fine, but instead had to eat 221.30$ towing fees.
Towed Vehicles
City of Newark, NJ - Newark Fine Schedule
To Note: There is NOT a tow away zone sign posted with the street cleaning sign.
So what do you guys think, should I take it to court and attempt to get my 221 dollars covered by the city (and instead pay the 35 dollar fine,) or just eat the cost and be on with my life? Any chance I would win? And does 11.2 apply to section 11 or are the separate and the tow was lawful.
Thanks for your help!
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