City of Cape May Eyes Towing Changes, Low-speed Vehicle Rules

CAPE MAY – At its Oct. 7 meeting, City Council discussed changes to the towing ordinance in an effort to ensure adequate response in emergency situations and to better protect interests of residents and visitors.
Presently, a two-tier system for licensed towing firms gives preference to the one firm located inside city limits. The process with a preferred sole provider does not give the city sufficient flexibility. The discussion in council was a prelude to several proposed changes to the existing ordinance, which will be introduced at the Oct. 21 council meeting.
Changes would eliminate the current tier system and introduce an element of competition into the process with multiple firms licensed for use by the city and accessed on a rotating basis.
The ordinance does not constrain individuals who seek to use a towing service for their private vehicles. In addition, changes would impact the language regarding fees setting a fixed fee for storage of a vehicle and implementing a 24-hour clock before storage fees can be imposed.
Language in the current ordinance that allows vehicles to be stored in outside unsecured lots would also be eliminated.
Low-speed Vehicles
In July, council discussed a proposal from a private business wanting to implement rental of low-speed vehicles in the city limits. A low-speed vehicle is defined as one that has a minimum speed of 20 mph and a maximum of 25 mph.
At that time council agreed to return to the discussion in the fall.
Mayor Edward Mahaney asked that the discussion again be put on the agenda because “it is clear that individuals are engaged in planning such businesses for the 2015 summer season,” and need guidance from council on what the regulatory environment would be that would govern their operation.
State statutes govern a number of aspects of law with regard to such vehicles. The city’s only function with respect to those would be enforcement.
State law, for example, would not permit such vehicles to be driven on street with speed limits in excess of 35 mph. However, the city has a great deal of latitude under state regulations with regard to the city’s public safety concerns.
Mahaney sees a future in which such vehicles will become more common on city streets and feels council needs to have some controls in place.
In addressing the matter, the city must come at the issue from a number of different points. Zoning issues will come into play especially since a number of current efforts underway by local businesses would probably run afoul of the city zoning rules again two businesses at one location.
The city would also be responsible for the process and the rules governing licensing of any such business. In addition council must also decide where in city government to specifically locate responsibility for code enforcement.
Mahaney pointed out that there have been some proposals that the city engage in a concession with respect to low-speed vehicles and run it out of the transportation center.
He urged council to reject such an approach. “The city should not get involved in the business,” Mahaney said. “It should be strictly private enterprise.”
Regional School Funding
Deputy Mayor Jack Wichterman spoke about the recent court decision that requires Lower Cape May Regional School District to pay for the upcoming December special election. That election will allow residents of Cape May City, West Cape May, and Lower Township to vote on Cape May’s request to withdraw from the regional district because of what the city sees as a disproportionate and unfair burden of expense.
The issue has been a long-standing one with its most recent controversy over the question of what entity should pay for the special election.
“We offered to pay 35 percent of the cost,” Wichterman said.
Currently the city pays about 35 percent of the cost of the regional school district’s budget while accounting for about 5 percent of its students. According to Wichterman, “both of the other municipalities rejected the offer.” A judge recently ordered the school system to cover the cost.
During the public comment period, council was asked what the next step would be if the city’s voters reject the city plan in the election. “We will deal with that when we get there,” Wichterman said. Mahaney concluded by saying “Let the voters have their say and then we’ll see.”
Trick or Treat
In one of the more important resolutions of the night, council set aside Oct. 31 from 5 to 7 p.m. as the time when goblins, witches, princesses, and superheroes can roam city streets in search of treasure.
The municipalities of West Cape May, Cape May Point and Lower Township will all coordinate with the city and designate the same time throughout the area.
To contact Vince Conti, email vconti@cmcherald.com.