[HISTORY: Adopted by the City Council of
the City of Hackensack 6-9-2015 by Ord. No. 08-2015[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and storage yards — See Ch. 104.
Parking on private property — See Ch. 127.
Abandoned vehicles and property — See Ch. 168.
Vehicles and traffic — See Ch. 170.
[1]
Editor’s Note: This ordinance also repealed former Ch.
159, Towers and Wreckers, adopted 9-2-2008 by Ord. No. 16-2008, as
amended.
As used in this chapter, the following terms shall have the
meanings indicated:
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the licensed owner
or operator of the motor vehicle even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the licensed owner
or operator of the motor vehicle.
A motor vehicle of a private passenger or station wagon type
that is owned or leased and is neither used as a public or livery
conveyance for passengers nor rented to others with a driver; and
a motor vehicle with a pickup body, or delivery sedan, a van or a
panel truck or a camper-type vehicle used for recreational purposes
owned by an individual or husband and wife who are residents of the
same household, not customarily used in the occupation, profession
or business of the owner(s).
The period of time beginning January 1 and ending December
31 of any given year.
Any fragments at the scene of a towing assignment for which
the removal will require no additional personnel or special equipment,
i.e., broken glass, vehicle parts, or other items.
Gross vehicle weight rating.
A vehicle specifically designed to tow, transport or otherwise
move motor vehicles, with a twenty-five-ton capacity including an
underreach capability with a tow rating of 80,000 pounds and equipped
with a boom or booms, winches, slings, tilt beds, wheel lifts or underreach
equipment, as hereinafter defined.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls, for storage and removal of vehicles
and that is secured by a locking device on each opening.
Detachable trailer capable of hauling vehicles, machinery
and/or equipment, commonly referred to as "low-boy."
A person or company licensed by the City to tow and/or store
vehicles on behalf of the City.
An automobile 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 locked gate. The facility is
to be lighted at night.
Attached to or placed directly on the vehicle in such a manner
as such cannot be removed or repositioned.
Constitutes any action that is not normally associated with
roadside towing, e.g., winching, righting overturned vehicles or other
services required when a vehicle will not roll on its own wheels.
The release of vehicle cargo or contents where the removal
may require the use of extra personnel and/or specialized equipment.
Inside building and/or outside secured storage area.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
A.
The City may license persons or companies meeting the criteria set
forth in this chapter and engaged in the business of or offering the
services of motor vehicle towing, wrecking or storage, whereby damaged,
disabled and/or impounded motor vehicles are towed or otherwise removed
from the place where they are damaged, disabled, and/or impounded
by use of a tow vehicle, as defined herein. Such person(s) or company
shall be known as an "official tower."
B.
Official towers shall be identified by means of a license, which
shall be issued by the City as hereinafter provided.
C.
Persons or companies engaged in the business of private towing services
are not required to obtain a license. Private towing service providers
are not governed by this chapter, and services provided are negotiated
with the party requesting same.
[Amended 6-23-2020 by Ord. No. 24-2020]
A.
The official tower shall furnish adequate and proper towing, wrecking,
storage and emergency repair service to damaged or disabled motor
vehicles within the limits of the City when requested to do so by
the Chief of Police or, in the absence of the Chief, the City's highest-ranking
law enforcement executive (or designee). The official tower shall
be available to render service 24 hours per day, seven days per week.
It is required that a tow vehicle be on the site of the event within
15 minutes of the time a call is placed for the services of the official
tower.
B.
In the event that a disabled vehicle requires special towing equipment and the official tower does not possess such equipment, then the next official tower in the rotation list established in § 159-7 who does possess the necessary special equipment to tow such disabled, damaged and/or impounded vehicle shall be selected. No official tower shall subcontract or assign any work that is to be performed by the official tower under the provisions of this chapter.
A.
Application for an official tower license shall be made to the City
upon a form provided by the Police Department and shall contain all
of the following information:
[Amended 11-23-2015 by Ord. No. 61-2015; 4-9-2019 by Ord. No. 11-2019]
(1)
The name, business addresses, telephone number and federal tax identification
number (where applicable). When the official tower is owned and operated
by an individual, the name, social security number, residential and
business addresses and telephone number(s) of such individual shall
be provided. When the official tower is a corporation or partnership,
the application shall contain the names, residences, telephone numbers,
date of birth and social security number of all persons owning any
interest in the official tower.
(2)
In the event that the official tower is conducting business operating
under a trade or business name, the applicant shall submit a certificate
of such name as proof that such name has been appropriately filed
with the County Clerk's Office of Bergen County and/or with the Secretary
of State of the State of New Jersey.
(3)
Any such information as may be required by the City concerning the
personnel, vehicles, equipment and storage facilities of such applicant,
as hereinafter provided, showing that the applicant meets the minimum
standards of performance. This includes, but is not limited to, the
street addresses of the applicant's storage areas, including a description
of size and capacity; the addresses where the towers will be regularly
garaged; and the telephone number(s) of the applicant such that contact
will be available on a twenty-four-hour-per-day basis.
(4)
A certificate or certificates of insurance evidencing adequate insurance
coverage as hereinafter provided.
(5)
A fee of $500 to cover the administrative expenses incurred by the
City in processing the application.
(6)
The names and addresses of two business references not in the employ
of the City who have known the applicant for at least two years and
who can attest to the applicant's experience and performance in the
towing, wrecking and storage business.
(7)
A list of all towing vehicles, including the make and model number,
year of vehicle and vehicle identification number (VIN) and any and
all other information that the City Council may deem necessary. No
vehicle may be listed on more than one application, nor can there
be a transfer of vehicles between towers.
(8)
A complete list, including dates of service, of all other municipalities,
state agencies and/or governmental entities that the applicant is,
or has been, an official tower of or held a towing permit from. No
person applying individually shall be eligible for approval or appointment
as an Official Tower of the City unless that person shall have been
an official municipal tower with a minimum of three years' experience
in municipal towing in any municipality of the State of New Jersey
including a minimum of one year's experience in municipal towing in
any municipality in the County of Bergen, State of New Jersey. No
corporation or partnership shall be eligible for approval or appointment
as an official tower of the City unless that business entity shall
have been an official municipal tower with a minimum of three years'
experience in municipal towing in any municipality of the State of
New Jersey including a minimum of one year's experience in municipal
towing in any municipality in the County of Bergen, State of New Jersey.
(9)
A complete list of all actions taken against the applicant by a governmental
entity for the applicant's alleged violation of any towing ordinance
or regulation while towing as a licensed or permitted tower for that
governmental entity. If the applicant's towing license or permit has
been revoked, suspended or denied, the applicant shall list each time,
what governmental entity was involved and a brief description of the
event(s) that led up to the revocation, suspension and/or denial of
a towing license or permit.
(10)
Certification that the applicant will be able to provide towing
services anywhere in the City within a maximum response time of 15
minutes.
(11)
Certification storage areas and services comply with this chapter.
(12)
Certification of consent appointing the City Clerk as the applicant's
true and lawful attorney for the purpose of accepting and acknowledging
service of legal process by any court of competent jurisdiction against
the applicant.
(13)
A completed "voluntary consent to conduct a background investigation
authorization for release of information" form or such other forms
that may be used for the purpose of performing a criminal background
investigation of the applicant.
B.
No license shall be granted to a tower unless and until the tower
seeking the license has appointed the City Clerk as the applicant's
true and lawful attorney for the purpose of acknowledging service
out of any court of competent jurisdiction to be served against the
applicant.
C.
Suspension or revocation of a license, and/or the prior denial of
an application affecting the applicant, from this municipality or
any county or state agency granting such license may be cause for
denial of a license under this chapter.
D.
Upon receipt of a completed application, the Chief of Police or,
in the absence of the Chief, the City's highest-ranking law enforcement
executive (or designee) shall review and make a recommendation. The
review shall consist of the following: an inspection of the personnel,
vehicles, equipment and storage areas proposed to be utilized by the
applicant to verify the accuracy of the information contained in the
application and to determine compliance with applicable laws and regulations
and the standards of performance required by this chapter.
[Amended 6-23-2020 by Ord. No. 24-2020]
E.
An applicant may be included on the official towers list by an official
action of the City Council, by resolution adopted at a regular public
meeting, when, from a consideration of the application and from such
other information as may be obtained, the City Council finds that
all of the following circumstances exist:
(1)
The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statements of material fact in the
application or in any other document required pursuant to this chapter.
(2)
The applicant has met the standards in this chapter and has furnished
the required hold-harmless agreement and certificate(s) of insurance.
(3)
The application has been reviewed and the Chief of Police or, in
the absence of the Chief, the City's highest-ranking law enforcement
executive (or designee) has submitted a favorable report.
[Amended 6-23-2020 by Ord. No. 24-2020]
(4)
Neither the applicant nor the applicant's personnel have been convicted
of a criminal offense or have had their driver's license suspended
within the past year.
F.
The Chief of Police or, in the absence of the Chief, the City's highest-ranking
law enforcement executive (or designee) shall conduct his or her review
and render a report to the City Council recommending either the approval
or denial of the application within 45 days of receipt of the application.
The City Council shall take action with regard to the report within
30 days or at the next public meeting of the City Council, whichever
is later. The applicant or its representative shall be given notice
of the date on which the City Council will consider the application
and shall be permitted to appear and be heard at that time.
[Amended 6-23-2020 by Ord. No. 24-2020]
G.
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the City Council.
H.
Where an application is denied, the applicant may request a hearing
by the service of notice on the City Clerk requesting same. The City
Council shall set a hearing date, which shall be no less than seven
days and not more than 30 days from the date of the notice.
[Amended 4-9-2019 by Ord.
No. 11-2019; 6-23-2020 by Ord. No. 24-2020]
A.
Upon approval of the application for an official tower's license,
the Chief of Police or, in the absence of the Chief, the City's highest-ranking
law enforcement executive (or designee) shall issue for the applicant
an official tower's license for each tow vehicle or flatbed vehicle
to be utilized in providing services pursuant to this chapter.
B.
Said licenses shall be in a form so approved by the City Manager,
and shall be kept in every tow vehicle or flatbed vehicle at all times.
C.
Expiration; renewal; revocation.
(1)
Each official tower's license shall run for a term of three calendar
years and expire on December 31 of the third calendar year.
(2)
Each applicant for an official tower's license or renewal thereof
shall apply for such license on or before October 15 of the calendar
year immediately preceding the next three-year term. For example,
prior to the three-year term commencing January 1, 2021, all applications
must be received on or before October 15, 2020. All applications received
before October 15 of the calendar year preceding the next term, whether
for a newly issued or renewed license, will be granted, if appropriate,
for the next succeeding three-year term. No license shall be issued
for less than three full calendar years nor should a license be issued
at any other time than the period set forth above. The license shall
not be transferable or assigned.
(3)
Each official tower shall submit annual updated paperwork as required
by the Chief of Police or, in the absence of the Chief, the City's
highest-ranking law enforcement executive (or designee) to ensure
continued compliance with the requirements contained in this chapter
on or before October 15 of the calendar year prior to the second and
third calendar years of any three-year term. Official towers shall
submit therewith a fee of $500 to cover the administrative expenses
incurred by the City in processing the updated paperwork. Failure
to timely submit such paperwork and accompanying fee shall be cause
for suspension of the license until such time as the paperwork is
submitted, review thereof is concluded, and it is determined that
the official tower remains in compliance with the terms of this chapter.
(4)
Each official tower's license may be subject to revocation by the
City Council, upon recommendation of the City Manager of the Chief
of Police or, in the absence of the Chief, the City's highest-ranking
law enforcement executive (or designee), for any of the following
reasons:
(a)
If it is subsequently determined that the applicant knowingly
and with intent to deceive made false, misleading or fraudulent statements
of material fact in the application or in any other document required
pursuant to this chapter.
(b)
Violation of any federal or state law or municipal ordinance
or regulation relating to the operation of a motor vehicle or the
provision of towing services.
(c)
Violation of any rule or regulation promulgated by the New Jersey
Department of Banking and Insurance.
(d)
Violation of any of the provisions of this chapter.
(5)
Proceedings for the revocation of a license shall be initiated by
the service of a notice of charges proffered against the licensee.
Said notice shall be served by the Chief of Police or, in the absence
of the Chief, the City's highest-ranking law enforcement executive
(or designee), either personally or by certified mail, return receipt
requested, and shall contain a date, time, and place for a hearing
to be held by the City Council. Said hearing shall be scheduled no
less than seven days and not more than 30 days after the notice of
the proposed revocation shall be served upon the licensee. The licensee
has the right to file an answer to the notice and to appear in person,
or be represented by counsel, and give testimony at the place and
time fixed for the hearing.
D.
Upon the expiration of an official tower's license, the applicant,
prior to performing any service thereafter, shall refile completely
for such official tower's license, setting forth all the information
required in the form provided by the Chief of Police or, in the absence
of the Chief, the City's highest-ranking law enforcement executive
(or designee) and complying with the provisions of this chapter.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available to render
services required by this chapter a minimum of four vehicles that
include at least: one regular tow vehicle with wheel lift; one flatbed
vehicle; one medium-duty towing vehicle of at least 15,000 pounds
gross vehicle weight; and one heavy-duty towing vehicle with a twenty-five-ton
capacity including an underreach capability with a tow rating of 80,000
pounds. In lieu of a medium-duty towing vehicle, the tower may substitute
an additional heavy-duty towing vehicle in its place. Registration
documents shall be shown to the City certifying registration is the
same or better than the GVWR of the vehicle, as plated on the vehicle.
B.
Each applicant shall submit, along with its application, proof of
ownership or lease of the vehicles, which will be utilized to provide
services pursuant to this chapter. The provisions of § 401-4A(7)
of this chapter shall apply.
C.
Minimum equipment requirements.
(1)
Every tow vehicle or flatbed vehicle shall have two-way radio or
cellular phone capability with a dispatching center on a twenty-four-hour
basis.
(2)
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location on the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours. An amber light permit, as required by the state, must be filed
with the Police Department.
[Amended 6-23-2020 by Ord. No. 24-2020]
(b)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber or red colored.
(c)
Extra chains and cable for pulling or securing a towed vehicle.
(d)
At least one heavy-duty broom, a shovel, a crowbar or prybar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of an accident or behind a disabled
vehicle, at least 10 pounds of dry sand or a drying compound for gasoline
and oil spilled on the roadway and containers for removal thereof
and a sufficient quantity and types of tools to enable the tow vehicle
operator to perform proper and adequate emergency repair services
for the tow.
(3)
Every tow vehicle or flatbed vehicle shall comply with any and all
state, federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Chief of Police or, in the absence of
the Chief, the City's highest-ranking law enforcement executive (or
designee). Where applicable, all permits required by other agencies
than the City shall be provided to the City upon request of the City.
[Amended 6-23-2020 by Ord. No. 24-2020]
(4)
Every tow vehicle or flatbed vehicle shall have the name of the official
tower, by a permanently affixed or painted sign prominently displayed
on the vehicle in such manner so as to conform to the provisions of
N.J.S.A. 39:4-46. Such demarcations shall be placed on the outside
door panels of the vehicle. The sign shall be at least three inches
in height and diameter and be visible to the naked eye, and the names
must be the same on both panels.
(5)
Every tow vehicle or flatbed vehicle shall display valid tow truck
license plates or markers so as to conform to the provisions of N.J.S.A.
39:3-84.11.
D.
Notice, reporting, and record keeping requirements.
(1)
The official tower shall maintain a written schedule of all rates
and charges, in compliance with this chapter, and make such schedule
available when requested and have conspicuously displayed at the place
of business, either painted or permanently affixed, a schedule of
maximum towing charges and storage charges permitted by this chapter.
Business hours shall be posted. Whenever practicable, the owner or
driver of any vehicle utilizing towing service shall be given a copy
of a full statement of rates at the time that the towing services
are rendered. In any event, a full schedule of rates shall be annexed
to each bill for towing service.
(2)
Within 14 calendar days of the expiration of each rotation period,
the official tower shall submit to the City Finance Department a copy
of all of the invoices for services rendered to any owner or operator
of a damaged or disabled vehicle on a form of invoice provided by
the City. In the absence of a City form, the official tower will submit
the bills which state: the name and address of the person towed; the
make and model of the vehicle towed; plate number; and the in date
of the tow and the out date of the tow. Only fees applicable in this
chapter shall appear on said invoice, and there shall be only one
invoice per vehicle towed.
(3)
The official tower shall provide the Police Department with the following
information, free of charge, on vehicles unclaimed over 30 days: year,
make, color and vehicle identification number; owner's name and address;
copy of a certified letter advising the owner of the vehicle's whereabouts;
photograph of vehicle; any other items or information deemed necessary
by the Police Department concerning any vehicle.
(4)
The official tower shall maintain a record in a bound volume of all
towing and wrecking jobs handled, on public or private property, the
name of the owner or operator involved, the charge made for the service,
and the date and amount of payment. The tower will also provide a
three-part receipt book. The receipts will be issued as follows:
(a)
The original shall be issued to the vehicle owner upon completion
of payment of charges.
(b)
Hackensack Police Department, to be forwarded to the Traffic
Division within 14 days after payment for services by the customer.
(c)
Tower's copy, to be kept on file at the tower's business as
a record of transaction.
(5)
The official tower shall maintain an up to date record of all information
requested for the application and shall make this information available
to the Police Department upon request.
(6)
Each official tower shall keep and maintain adequate and complete
records showing all vehicles towed, stored and released, all services
rendered and all fees charged and collected. All records shall be
available for inspection by the City at any time during normal business
hours. Records shall be kept and maintained by the official tower
at one central location and shall be retained for a period of seven
years. Records may be written, printed or computerized as long as
the requirements of this subsection are met.
E.
Minimum personnel requirements. Official towers shall have available,
at all times, a minimum of two drivers to provide the services required
by this chapter. All drivers employed by official towers to provide
the services required by this chapter shall meet the following requirements
and be subject to the following regulations. They shall:
(1)
Provide a prompt, courteous response to each call.
(2)
Be competent and able to provide minimum road services for disabled
vehicles. This includes collecting and removing all debris at the
accident site emanating from the accident.
(3)
All drivers required to have a commercial driver's license (CDL)
by the State of New Jersey and/or federal regulations are required
to furnish such license for the purpose of this chapter. Results of
these tests must be promptly reported to the Police Department for
record-keeping.
[Amended 6-23-2020 by Ord. No. 24-2020]
(4)
Obey all traffic laws and regulations.
(5)
Not have been convicted of a crime within the past year.
(6)
Wear uniform clothing with a name patch indicating the employee's
first name and name of the contractor's company. All employees shall
be clean and neat, and make a good appearance. All employees of the
contractor shall carry photo identification badges.
F.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building and an OSSA
located within City limits or at a distance no greater than two aerial
miles from the intersection of Central Avenue and State Street in
the City of Hackensack.
(a)
All official towers must have sufficient storage area on their
own premises to store towed vehicles at the licensed site. This area
must be over and above the requirement that is in effect for requirement
of parking for that site. No vertical stacking of vehicles is permitted.
Each tow vehicle must be stored at the official tower's licensed site.
Official towers cannot store vehicles on the thoroughfares of the
City, whether under the auspices of the City, County of Bergen or
State of New Jersey without City approval. Storage of vehicles on
the thoroughfares of other municipalities wherein City towers are
located is subject to the requirements of those municipalities.
(b)
Vehicles removed at the direction of the City or based on the
tower's role as an official tower must be removed to the tower's storage
facility located within City limits or at a distance no greater than
two aerial miles from the intersection of Central Avenue and State
Street in the City of Hackensack.
(c)
The OSSA shall be fenced with an acceptable screened material
six feet in height. The fenced area shall be no less than 3,000 square
feet in area. The OSSA shall have a suitable gate and be installed
with a locking device or a similar on-site security measure. The facility
is to be lighted at night.
(d)
The storage area shall be in an area legally zoned for or legally
nonconforming for such use; the certificate of occupancy is to be
furnished with the application.
(e)
The storage area shall be available from at least 8:00 a.m.
until 4:30 p.m. Monday through Friday and from at least 8:00 a.m.
to 1:00 p.m. on Saturday. The applicant shall prominently display
the hours during which the facility will be open on weekends. The
storage area must have a building with an office wherein a permanently
installed telephone is located, as well as a customer waiting area
and a restroom available for customer use. On the application for
a towing license, the applicant shall list all business hours required
pursuant to the subsection for the three-year term of the license
in question, which shall not be changed during the three-year term.
(f)
The official tower may charge an additional release fee of up
to $60 or other charge for releasing vehicles to their owners after
normal business hours or on weekends.
(g)
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
(h)
The official tower shall be responsible for ensuring the proper
and safe storage of all vehicles towed pursuant to this chapter. The
official tower shall be liable for any damage incurred by such vehicles
while in transit to or while stored in the storage areas.
(2)
To ensure the timely release of a vehicle, the tower shall be prepared
to release a vehicle to the owner/occupier of the vehicle no later
than one hour from the vehicle's arrival at the tower's facility or
within one hour of being contacted by the owner/occupier of the vehicle
that he/she wishes to take possession of said vehicle during regular
business hours.
(3)
No storage of any disabled or damaged vehicle shall be located on
any public street or sidewalk in the City.
G.
Credit cards. All official towers must have the ability to receive
credit card payment and will accept same for payment of all towing
and storage services included, specifically or by reference, in this
chapter. However, towers are not required to accept credit cards for
impounded vehicles.
A.
Official towers shall be placed on the list in the order in which
their application is approved and license issued. Once the initial
list has been established, new official towers, when their applications
have been approved, will be added to the end of that list.
B.
The City shall request wrecking, towing and storage services from
each official tower in rotation, with a weekly rotation period. When
called, the tower shall advise the dispatcher if a vehicle is available
and the estimated time of arrival. If no tower vehicle is available
or if the response time will exceed 15 minutes, the next official
tower on the list will be called for that job; this does not affect
the rotation period. If none of the official towers are available
or able to provide such services as are requested by the City, the
City may request such services from any other available source. All
requests shall be made by the Chief of Police or, in the absence of
the Chief, the City's highest-ranking law enforcement executive (or
designee). In the event that an official tower has been suspended
for some or all of the week it has been assigned to perform services
pursuant to the weekly rotation, the City shall use any reasonable
method to ensure that replacement towing services are provided during
that period.
[Amended 6-23-2020 by Ord. No. 24-2020]
C.
The City shall request service only from official towers; provided,
however, that if no emergency or road hazard exists, the Chief of
Police or, in the absence of the Chief, the City's highest-ranking
law enforcement executive (or designee) shall request such service
from such other person as the owner of the motor vehicle in need of
such services may request, provided that the request is responded
to within 15 minutes.
[Amended 6-23-2020 by Ord. No. 24-2020]
D.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
City over any other requests which may be received by the official
towers.
E.
The City shall pay the official tower for storage of removed vehicles
pursuant to N.J.S.A. 40:48-2.50.
[Amended 11-10-2015 by Ord. No. 57-2015]
Applicants shall agree, in writing, to insure, assume the defense
of and indemnify and hold harmless the City, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims to which the City may be subjected of any
kind and nature whatsoever resulting from, caused by, arising out
of or as a consequence of the provision of towing, wrecking, storage
and/or emergency services provided at the request of the City pursuant
to this chapter. Official towers shall enter into a hold-harmless
agreement in a form to be prepared by the City Attorney prior to being
included in the official towers list.
A.
No person shall be included on the official towers list unless and
until such person has provided to the City a certificate(s) of insurance
on which the City is named as an additional insured evidencing that
there is in effect the following insurance coverage.
[Amended 11-10-2015 by Ord. No. 57-2015]
(1)
General property damages and liability insurance in an amount not
less than $1,000,000 per occurrence and $2,000,000 per aggregated
general liability, including additional garagekeepers coverage, shall
be primary as respects vehicles of others and shall include collision
coverage.
(2)
Garagekeeper's liability insurance in an amount not less than $500,000
per location shall be required. No deductible amounts are permitted.
The words "no deductible" shall be included on the policy and/or certificate
of insurance.
(3)
Workers' compensation as required by law shall be required.
B.
Policies of insurance shall be written by insurance companies authorized
to do business in the State of New Jersey.
C.
The City shall be named as an additional insured on all policies
of insurance provided pursuant to this chapter. All certificates of
insurance shall provide that the policies may not be canceled or terminated
or coverage decreased without 30 days' written notice to the City.
Such insurance shall be primary.
D.
Policies of insurance required by this chapter shall be maintained
in full force and effect at all times. In the event that any coverage
is canceled or terminated or coverage decreased in amount, the tower
shall be removed immediately from the official towers list until such
time as the required coverage is reinstated or replaced.
A.
No official towing operator licensed under this chapter may charge
rates in excess of the following for towing, conveying, road service
or storage of a motor vehicle.
B.
Fee schedule.
[Amended 4-9-2019 by Ord.
No. 11-2019]
(1)
Private Passenger Vehicles (under 6,000 pounds.).
Towing
|
$150
|
Motorcycles
|
$150
|
Mileage outside City boundaries (within New Jersey)
|
$6
|
Road service
|
$60
|
Lock-out
|
$60
|
Storage (per calendar day)
|
$40
|
Winching/recovery (per hour)
|
$150
|
If vehicle will not roll freely on/off flatbed (winch fee)
|
$75
|
Yard fee (as needed)
|
$65
|
Drop fee
|
$75
|
(2)
Vehicles from 6,000 pounds to 10,000 pounds.
Towing
|
$200
|
Road service
|
$75
|
Storage (per calendar day)
|
$75
|
Winching/recovery (per hour)
|
$200
|
If vehicle will not roll freely on/off flatbed (winch fee)
|
$100
|
Yard fee (as needed)
|
$85
|
Drop fee
|
$100
|
(3)
Vehicles over 10,001 pounds.
Towing (per hour)
|
$400
|
Road service (minimum)
|
$100
|
Storage (per calendar day)
|
$100
|
Winching/recovery (per hour/per truck)
|
$425
|
Yard fee for trucks
|
$165
|
Drop fee
|
$200
|
(4)
Additional fees.
Waiting time (after 30 minimum/in thirty-minute increments)/hour
|
$100
|
Crash wrap (front/rear)
|
$40
|
Crash wrap (per side)
|
$25
|
Speedy Dri
|
$15
|
Clean up of debris
|
$35
|
Additional personnel for recovery work (per hour/per person)
|
$85
|
Level 3 supervisor (as needed, per hour)
|
$90
|
Air line hook-up
|
$40
|
Remove draft shaft
|
$50
|
Air brake release
|
$90
|
(5)
Emergency snow removal. The fee to tow vehicles in a snow emergency, when there is a snow accumulation of three inches or more, shall be $225 for private passenger vehicles (under 6,000 pounds.). This includes all additional services that may be necessary (e.g. lock-out, winching, etc.) Private passenger vehicles that weigh at least 6,001 pounds but not exceeding 10,000 pounds shall be charged a flat rate of $300. The first four hours of storage shall be at no additional fee, pursuant to § 159-10E.
C.
Service charges. Vehicles are subject to the fee schedule set forth
herein; however there shall be no charge for release of vehicle from
storage facility.
D.
Towing charges.
[Amended 4-9-2019 by Ord.
No. 11-2019]
(1)
Towing charges. See fee schedule set forth herein.
(2)
If and in the event a tower responds to an accident, or other motorist difficulty, and the motorist requests that the tower bring the car to a location other than the tower's place of business, then the tower may charge an additional fee of $6 per mile, beyond the Hackensack City limits, subject to the limitations of § 159-10G. In no event shall the tower be required to tow the vehicle more than 10 miles out of the City limits, in a direct line and measurement, unless agreed upon by the tower.
(3)
The base fee of $150 as prescribed by § 159-10 (C)(1)(a) is under the presumption that the car will be towed to the tower's lot.
(4)
If and in the event a tow is required which must be performed under
extraordinary circumstances as determined by the police personnel
at the scene, then additional charges may be charged for services
rendered.
E.
Storage charge. There shall be no charge for storage for the first
four hours. For remaining charges, see fee schedule herein.
F.
Accident and abandonment charges; limitations.
(1)
If and in the event a tower is summoned by the police and arrives
at the scene of an accident, and the vehicle owner refuses to allow
the vehicle to be towed by said tower, the towing company may charge
a service fee of $35 which shall be paid by the owner or operator
of the vehicle.
(2)
When a vehicle is abandoned due to the death or incapacitation of
the driver or any passenger, the towing official storing the vehicle
shall charge the owner of record or the security interest holder no
more than $100 for the first 72 hours after the vehicle is placed
on the premises.
(3)
Additional limitations may be imposed for abandoned vehicles pursuant
to N.J.S.A. 39:10A-1.
G.
Calculation of rates and fees.
(1)
The towing mileage rates, where applicable, shall be calculated based
on the total distance traveled from the site of pickup of the vehicle
in question to the dropoff point, by way of the shortest available
route. Fractions shall be rounded up to the nearest whole. The first
seven miles shall not be subject to the mileage charge.
(2)
Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
H.
The fees set forth on the schedules set forth in this section contained
for storage fees are the maximum storage charges per twenty-four-hour
period that shall apply to all vehicles stored by an official tower.
I.
Motorcycles and all other on/off-road vehicles shall be considered
private passenger vehicles for purposes of determining fees which
are allowed under this section. Any other objects not covered herein,
which are towed by an official tower at the request of the City, shall
be subject to fees as determined by the City Council.
J.
The use of Speedy Dri shall be charged the rate of $15 per fifty-pound
bag.
K.
The fees set forth in Subsections B and C of this section shall be divided in half for vehicles owned and/or operated by the City or any of its agencies. The towing of and special recovery services provided to any of the City's vehicles shall be provided by the official tower at a rate of 50% of the costs set forth in this chapter.
A.
Copies of this chapter and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at City Hall. Copies shall also be made available to
the public at each official tower's place of business.
B.
All official towers shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of fees that may be
charged for all services, provided that the same is pursuant to this
chapter.
C.
The City reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all official
towers.
D.
The relationship between an official tower and the City is one of
an independent contractor. Neither party shall be construed in any
manner whatsoever to be an employee of the other, nor shall any employee
or agent furnished by any party be construed to be an employee or
agent of the other party. Inclusion on the official towers list shall
not be construed or considered as a joint venture, partnership, association,
contract of employment or profit-sharing agreement.
E.
The City shall not be liable or responsible for compensating the official towers for any of the services performed under this chapter unless those services are performed for City vehicles or as provided in § 159-7E. All other compensation shall be the responsibility of the owner of the towed motor vehicle and the official tower shall proceed directly against the owner.
F.
The official tower shall, at all times, be solely responsible for
the conduct of its employees.
G.
All complaints and disputes arising from the towing and storage of
motor vehicles required by the City without the consent of the owner
must be directed to the City Manager and Police Department.
[Amended 6-23-2020 by Ord. No. 24-2020]
[Amended 6-23-2020 by Ord. No. 24-2020]
A.
The Hackensack Police Department shall be the enforcement agency.
The enforcement agency shall have the authority to hear complaints
against any official tower whether brought by City representatives,
the public and/or other official towers.
B.
In the event that a complaint (of a noncriminal nature) is received
by the City, involving the improper or unsatisfactory performance
of services by an official tower, excessive charges or damage to a
motor vehicle while in the custody of the tower, the enforcement agency
shall give written notice of said complaint, by certified mail, return
receipt requested to the official tower against whom the complaint
is made. The official tower may provide a written response to such
complaint within five calendar days from receipt of the written notice.
C.
The enforcement agency after reviewing the complaint and any written response shall have the authority to suspend the official tower's license for a period not to exceed 180 days. Any contestation of such action by the enforcement agency shall be made by way of written appeal to the City Council that must be submitted to the City Clerk within 14 calendar days of the notice of said suspension. Upon receipt of an appeal, the City Council shall then conduct a public hearing as soon as practicable. Except as set forth in § 159-12G, a license suspension shall not become effective until the time to appeal to the City Council has expired, or the City Council renders a decision on the appeal.
D.
Upon expiration of the time to appeal to the City Council, or the
City Council following the hearing determines that there is good and
sufficient cause for suspension of the official tower's license, the
tower shall surrender said license to the City Clerk the next following
business day, which shall be determined to be the first day of the
suspension imposed.
E.
Failure to surrender the license upon suspension shall constitute
a violation of this chapter, subject to all legal action available
to the City, including revocation of the official tower's license.
F.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction.
G.
In the event the enforcement agency determines that an official tower is not in compliance with the minimum standards of performance established in § 159-6, the official tower's license may be immediately suspended without a hearing until such time as the deficiency is remedied. The enforcement agency shall provide written notice to the official tower of such suspension as soon as practicable, including the specific deficiency or deficiencies requiring correction. The official tower shall have the opportunity to present a response to the enforcement agency within one business day after receiving the written notice. Upon correction of the deficiency, the official tower's license shall be immediately restored to active status. The foregoing shall not preclude the enforcement agency from seeking an additional license suspension as a result of the deficiency pursuant to the procedures set forth in § 159-12, so long as the total period of suspension does not exceed 180 days, or seeking revocation of the official tower's license pursuant to the procedures set forth in § 159-5.
[Amended 6-23-2020 by Ord. No. 24-2020]
A.
The penalty for any violation of this chapter to be imposed by the
Municipal Court shall be a minimum fine of $100 and a maximum fine
of $2,000, and/or up to 90 days' imprisonment, and/or a period of
community service not exceeding 90 days. Any person convicted of any
violation of this chapter within one year of the date of a previous
violation, and who was fined for the previous violation, shall be
subject to an additional fine as a repeat offender of at least $100,
but not to exceed $2,000.
B.
Each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
C.
The imposition of a fine imprisonment, or community service for a
violation of this chapter shall not preclude the City from taking
action to suspend or revoke any license or permit issued thereunder
for the provision of official towing services, pursuant to the procedures
established elsewhere in this chapter. Any determination by the Municipal
Court with respect to a violation of this chapter shall not be binding
on proceedings for the revocation or suspension of an official tower's
license or permit.