Hoboken
NJ

CC - Ordinance

An Ordinance Amending and Supplementing Chapter 141 of the Municipal Code of the City of Hoboken Entitled “Public Parking Garages and Lots” and Chapter 184 “Towing” to Designate Certain Spots in Municipal Lot #3 for Storage of Vehicles Towed Due to Emergencies (B-77)

Information

Department:Corporation CounselSponsors:Council President Jennifer Giattino
Category:Amendment

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NOW, THEREFORE, the City Council of the City of Hoboken does hereby Ordain as follows (additions noted in underline, deletions noted in strikethrough):

SECTION ONE: AMENDMENT TO CHAPTER 141 OF THE HOBOKEN CITY CODE “PUBLIC PARKING GARAGES AND LOTS”

Chapter 141 “Public Parking Garages and Lots”


§ 141-1 Establishment; title.

This chapter is hereby established and entitled "Public Parking Garages and Lots."

 

§ 141-2 Reduced monthly fees for senior citizens and veterans.

Any individual 65 years of age or older who submits proper proof of age and residency in accordance with § 141A-2, Resident permits, or veterans upon proof of residency and submission of proof of veteran status, shall be charged a reduced monthly parking garage fee at the municipal garages, based upon availability, as follows:

 

 

Garage B

Garage D

Garage G

Midtown

Garden Street

Seniors and veterans

$190

$145

$120

$145

N/A

 

§ 141-3 Municipal parking garages and lots established.

 

A. Municipal parking garages shall be established at the following locations:

 

 

Garage

Address

 

Garage B

28 2nd Street

 

Garage D

215 Hudson Street

 

Garage G

315 Hudson Street

 

Midtown

371 4th Street

 

Garden Street

916 Garden Street

 

B. Municipal surface parking lots shall be established at the following locations:

 

 

Lot

Address

 

Lot No. 1

200 Willow Avenue

 

Lot No. 2

259 11th Street

 

Lot No. 3

1301 Jefferson Street

 

§ 141-4 Municipal parking garage rates for residents.

A. Residents who have established their residency in accordance with § 141A-2, Resident permits, may apply to the Hoboken Parking Utility for monthly parking in one of the municipal parking garages, based upon availability.

 

B. Municipal parking garage rates for residents to reserve spots on a monthly basis shall be as follows and are dependent upon the type of monthly pass purchased, which are based upon the frequency and times the resident will be utilizing the parking garage:

 

 

 

Garage B

Garage D

Garage G

Midtown

Garden Street

 

Resident monthly standard

$235

$185

$160

$185

$200

 

Resident monthly limited

$180

$140

$130

$140

N/A

 

Resident monthly reserved

$310

$235

$235

$285

N/A

 

C. Types of monthly rates defined:

1)     Resident monthly standard: Residents may park their car in unreserved spaces of the garage 24/7 on a first-come, first-served basis.

2)     Resident monthly limited: Residents may park their car in unreserved spaces of the garage on a first-come, first-served basis, except from 10:00 a.m. to 4:00 p.m. Monday through Friday. Residents may park from 10:00 a.m. to 4:00 p.m. Monday through Friday for two days per month ("24/7 days") and any unused 24/7 days may accrue during the months in which the resident holds a valid resident monthly limited parking pass. For example, if the resident does not utilize the two 24/7 days in January, they would be entitled to four 24/7 days in February. Residents will not be entitled to any reimbursement for accrual of 24/7 days upon termination of their resident monthly limited parking pass.

3)     Resident monthly reserved: Residents may reserve a guaranteed spot in the garage and park there 24/7.

 

D. Permits shall be valid for up to one year, and residents will be billed on a monthly basis, which monthly payment shall be nonrefundable. Residents may terminate their permit before the full year is over with no penalty, but shall be responsible to pay the full monthly fee for any month or portion thereof utilized. For example, if a resident cancels his or her permit on January 15, 2016, he or she is still responsible for paying the full month of January and is not entitled to a refund for the unused portion of the month.

 

E. Residents may also utilize the municipal parking garages at a discounted rate in the following limited circumstances:

 

1)     Resident overnight: Residents may park in the garage from 8:00 p.m. to 8:00 a.m. at a discounted rate of $5 per night based upon availability.

2)     Resident vacation spot: Residents may park in Garage B on Hudson Street (6th Floor) for up to 14 days per year at a discounted rate of $5 per day.

3)     Resident emergency/event: Limited parking for residents is available on a first-come, first-served basis in the municipal garages when the City determines that there is an emergency or during a special event, in which case the parking rate and time increment shall be determined by the City and set forth in the emergency/event announcement as issued by the City.

 

§ 141-5 Municipal parking garage rates for businesses.

 

A. Individuals who qualify for business parking permits in accordance with § 141A-5, Business permits, may apply for monthly parking rates in one of the municipal garages.

 

B. Municipal parking garage rates for business owners/employees to reserve spots on a monthly basis shall be as follows:

 

 

 

Garage B

Garage D

Garage G

Midtown

Garden Street

 

Business monthly standard

$325

$325

$325

$325

N/A

 

Business monthly reserved

$400

$400

$400

$400

N/A

 

Business monthly limited

$225

$225

$225

$225

N/A

 

C. Types of monthly rates defined:

 

1)     Business monthly standard: Business owners/employees may park their car in a municipal garage in unreserved spaces 24/7 on a first-come, first served basis.

2)     Business monthly limited: Business owners/employees may park their car in unreserved spaces of the garage on a first-come, first-served basis during the hours of 6:00 a.m. to 6:00 p.m. Monday through Friday.

3)     Business monthly reserved: Business owners/employees may reserve a guaranteed spot in a designated municipal garage.

 

D. Passes shall be valid for up to one year, and owners will be billed on a monthly basis, which monthly payment shall be nonrefundable. Owners may terminate their pass before the full year is over with no penalty, but shall be responsible to pay the full monthly fee for any month or portion thereof utilized.

 

§ 141-6 Municipal parking garage transient rates.

A. Transient rates for the municipal garages are as follows:

 

 

 

Garage B

Garage D

Garage G

Midtown

Garden Street

 

Up to 1/2 hour

$4

$4

N/A

N/A

N/A

 

Up to 1 hour

$7

$7

N/A

$4

N/A

 

Up to 2 hours

$10

$10

N/A

$6

N/A

 

Up to 3 hours

N/A

N/A

N/A

$8

N/A

 

Up to 8 hours

$17

$17

N/A

$16

N/A

 

Up to 12 hours

$26

$26

N/A

$20

N/A

 

Up to 24 hours

$30

$30

N/A

$24

N/A

 

B. Special rates for Garage B and Garage D:

 

1)      Enter Sunday through Thursday between 6:00 p.m. and 2:00 a.m.:

(a) Up to one hour: $6.

(b) Up to two hours: $10.

(c) Maximum to 7:00 a.m.: $18.

2)     Enter Friday through Saturday between 6:00 p.m. and 2:00 a.m.:

(a) Up to one hour: $6.

(b) Up to two hours: $15.

(c) Maximum to 7:00 a.m.: $30.

 

§ 141-7 Municipal parking lot monthly rates.

A. Residents who have established their residency in accordance with § 141A-2 ("Resident permits") may apply to the Hoboken Parking Utility for a monthly spot in municipal surface Lots No. 1 and No. 2, subject to availability, and the rates shall be as follows:

 

Lot

Address

Monthly Rate

Lot No. 1

200 Willow Avenue

$150

Lot No. 2

259 11th Street

$150

 

B. Any individual, regardless of residency, may apply to the Hoboken Parking Utility for a monthly spot in Lot No. 3, located at 1301 Jefferson Street, based upon availability, for a monthly fee of $195 per month.

 

1)     Five (5) spots within Lot No. 3 shall be reserved for vehicles with valid and currently in effect Hoboken parking permits, which are towed due to an emergency wherein the City was not able to provide notice prior to the tow, and where the vehicle was otherwise legally parked. 

 

C. Permits shall be valid for up to one year, and individuals will be billed on a monthly basis, which monthly payment shall be nonrefundable. Individual permit holders may terminate their permit before the full year is over with no penalty, but shall be responsible to pay the full monthly fee for any month or portion thereof utilized. For example, if an individual cancels his or her permit on January 15, 2016, he or she is still responsible for paying the full month of January and is not entitled to a refund for the unused portion of the month.

 

§ 141-8 Regulations.

The Director of the Hoboken Parking Utility and/or his or her designee may implement reasonable administrative policies to effectuate the provisions of this chapter.

 

SECTION 2: AMENDMENTS TO HOBOKEN CITY CODE CHAPTER 184 “TOWING” SECTION 10 “SCHEDULE OF ALLOWABLE FEES”

§ 184-10 Schedule of allowable fees.

A. Licensed towing services may charge fees to vehicle owners for the following services:

(1) Basic tow, which shall be a maximum flat fee of $100 for light-duty tows and $450 for heavy-duty tows, except as delineated in Section 4 below.

(2) The following additional services, if actually performed, may be charged as follows:

(a) Waiting time in excess of 15 minutes, which shall be calculated based upon each 15 minutes spent at the call site from which a motor vehicle will be towed, with fewer than 15 minutes rounded up to 15, which shall be a maximum fee of $12.50 per 15 minutes.

(b) Brush cleaning, including collection of debris that can be picked up by hand, which shall be a maximum flat fee of $25.

(c) Site cleanup, which shall be calculated based upon the number of bags of absorbent used, at a maximum rate of $25 per bag.

(d) Winching, which shall be based upon each 1/2 hour spent performing winching, which shall be at a maximum rate of $50 per 1/2 hour for light-duty vehicles and $200 per 1/2 hour for heavy-duty vehicles.

(e) The use of window wrap, which shall be a maximum flat fee of $40.

(f) Tarping, which shall be a maximum flat fee of $40.

(g) Transmission disconnect, which shall be charged only if a motor vehicle is locked and the towing company is unable to obtain the keys for the motor vehicle, which shall be a maximum flat fee of $40.

(h) Use of a flatbed tow truck, which shall be charged if a motor vehicle can be transported only by a flatbed tow truck, which shall be a maximum flat fee of $125.

(i) Use of special equipment other than the first tow truck to recover a motor vehicle that cannot be recovered by winching or pieces of a motor vehicle that cannot be moved by hand, which may be both a labor and an equipment charge billed in half-hour increments at $65 per 1/2 hour.

(j) Decoupling, which shall be a maximum flat fee of $75.

(k) Storage at a towing company's storage facility, which shall be at a maximum daily (24 hours) rate of $30 for light-duty tows and $100 for heavy-duty tows.

(l) More than three trips to the motor vehicle in storage, which may be invoiced as an administrative fee by the towing service, which shall be a flat fee of $45 per trip.

(m) Releasing a motor vehicle from a towing company's storage facility after normal business hours or on weekends, which shall be a maximum flat fee of $10.

4. For any tow due to an emergency, where the vehicle is towed to Lot #3 in Hoboken in accordance with Hoboken City Code §141-7(B), a maximum flat fee of $75 may be charged.

B. A licensed towing service that engages in towing at the request of the City shall not charge for the use of a flatbed tow truck if a motor vehicle can safely be towed in an upright position by another type of tow truck, even if the private property towing company chooses to use a flatbed tow truck for the tow.

C. A licensed towing service that engages in towing at the request of the City may not charge for the tolls it incurs driving to the site from which a motor vehicle will be towed and while towing the motor vehicle from that site to the towing company's storage facility.

D. A licensed towing service that engages in towing at the request of the City shall calculate storage fees based upon full twenty-four-hour periods a motor vehicle is in the storage facility. For example, if a motor vehicle is towed to a storage facility at 7:00 p.m. on one day and the owner of the motor vehicle picks up the motor vehicle before 7:00 p.m. the next day, the towing company shall charge the owner of the motor vehicle only for one day of storage. If a motor vehicles is stored for more than 24 hours, but less than 48 hours, the towing company may charge for two days of storage. However, time shall not begin to accrue for purposes of calculating storage fees until 12:00 midnight next following the time the vehicle reaches the storage site.

E. A towing company performing a private property tow or other nonconsensual tow shall take the motor vehicle being towed to the towing company's storage facility having the capacity to receive it that is nearest to the site from which the motor vehicle is towed.

F. The bill for any tow allowed herein shall include the time at which a towed motor vehicle arrived at the towing service's storage site.

G. In addition to the fees allowed to be charged against towed vehicles within this section, the City has the authority, at the discretion of the Director, to charge a tow release processing fee up to $25 per vehicle.

SECTION THREE: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent that all such ordinances or part of ordinances now existing or in effect unless the same are in conflict or inconsistent with any provision of this Ordinance shall remain in effect.

SECTION FOUR: SEVERABILITY

The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION FIVE:  EFFECTIVE DATE

This Ordinance shall take effect immediately upon passage and publication as provided by law.  

SECTION SIX:  CODIFICATION

This ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein.  The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code.

The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

 

Meeting History

Oct 3, 2018 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:1ST READING [UNANIMOUS]Next: 10/17/2018 7:00 PM
MOVER:Jennifer Giattino, Council Vice President
SECONDER:Ruben Ramos, Council President
AYES:Peter Cunningham, Mike DeFusco, James Doyle, Vanessa Falco, Tiffanie Fisher, Jennifer Giattino, Emily Jabbour, Michael Russo, Ruben Ramos
Oct 17, 2018 7:00 PM  City Council Regular Meeting
draft Draft
RESULT:ADOPTED [UNANIMOUS]
MOVER:Jennifer Giattino, Council Vice President
SECONDER:Ruben Ramos, Council President
AYES:Peter Cunningham, Mike DeFusco, James Doyle, Vanessa Falco, Tiffanie Fisher, Jennifer Giattino, Emily Jabbour, Michael Russo, Ruben Ramos