[HISTORY: Adopted by the Mayor and Council
of the Borough of Maywood 12-17-2019 by Ord. No. 23-19.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 305,
Towing Services, adopted 6-28-1994 by Ord. No. 6-94, as amended.
A.Â
N.J.S.A. 40:48-2.49 authorizes the Borough to regulate the business
of removal and storage of motor vehicles and to set rates and charges
for the same.
B.Â
The Borough of Maywood seeks to exercise the authority conferred
by the aforementioned statute and adopts this chapter establishing
minimum requirements for a towing contractor to provide services and/or
vehicle removal and/or impoundment and/or storage of vehicles when
determined necessary by the Borough of Maywood Police Department.
As used in this chapter, the following terms shall have the
meanings indicated:
A granulated or powdered substance used to soak up fluids
used in the operation of motor vehicles. A bag or container of absorbent
will be defined as weighing 50 pounds.
Charges for post-accident services, including but not limited
to services such as physical inspection, telephone and/or fax calls,
removal of personal items, additional paperwork and more than three
trips to the motor vehicle in storage.
The cleanup and removal of small quantities of fluids used
in the operation of a motor vehicle which leak onto the ground.
Arriving at the site from which a motor vehicle will be towed,
hooking a motor vehicle to, or loading a motor vehicle onto a tow
truck, transporting a motor vehicle to a storage facility, unhooking
or unloading a motor vehicle from a tow truck and situating the motor
vehicle in the space in which it will be stored.
The towing of a vehicle or the removal and transportation
of a vehicle from a highway, street or other public or private property.
The highest ranking sworn officer within the Borough of Maywood
Police Department.
The towing of a motor vehicle, when the owner or operator
of the motor vehicle has consented to have the towing operator tow
the motor vehicle.
The operation of a tow truck within the Borough of Maywood
to solicit vehicle towing, emergency road service and/or other related
towing services unless in response to a police request.
Releasing a motor vehicle to its owner or operator when the
motor vehicle has been, or is about to be, hooked to or lifted by
a tow truck, but prior to the motor vehicle actually having been moved
or removed from the property.
A motor vehicle which has been abandoned or rendered inoperable
by mechanical failure or accident. Any motor vehicle, operable or
inoperable, which constitutes a hazard to the motoring public by its
location shall be deemed disabled for the purposes of this chapter.
Repairs which may be performed at the location of a disabled
vehicle, including, but not limited to, flat tire changing, jump-starting,
gasoline deliveries, etc.
An unobstructed, flat, forty-foot-by-twenty-five-foot area
where a vehicle can be placed when needed for inspection by the police.
A tow truck with dual rear wheels and air brakes capable
of towing and wheel lifting large vehicles damage-free and which meets
the following minimum requirements:
Gross vehicle weight (GVW): 35,000 pounds minimum.
Gross vehicle weight rating (GVWR): 80,000 pounds.
Boom and winch rating: 50,000 pounds minimum or 25 ton rating.
Cable size: 5/8 inch.
Cable length: 200 feet.
Under-reaches rating: 80,000 pounds.
Wheel lift extended rating: 12,000 pounds.
The storage of a motor vehicle upon the order of the Police
Department at either the towing operator's storage area or at a Borough
facility as a result of abandonment, involvement in an accident, suspected
criminal activity and/or any violation of Title 39 of the New Jersey
Statutes or municipal ordinances.
Any wrecker/tow vehicle licensed pursuant to the provisions
of this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind that has been issued a license
by the Borough, pursuant to this chapter, to provide wrecker/towing
services to the Borough.
A tow truck with dual rear wheels capable of towing or wheel
lifting vehicles which meets the following minimum standards:
Distance in miles that a tow vehicle travels while towing
a vehicle.
A vehicle carrier equipped with a wheel lift and roll back/tilt
bed with dual wheels capable of removing and transporting small trucks,
full-size vans or large passenger cars damage-free and which meets
the following minimum requirements:
A tow truck with dual rear wheels capable of towing and wheel
lifting small trucks damage-free and which meets the following minimum
requirements:
All vehicles propelled other than by muscular power, excepting
such vehicles as run only upon rails and tracks and motorized bicycles,
motorized scooters, motorized wheelchairs, and motorized skateboards.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle. Nonconsensual towing includes towing
of a motor vehicle when law enforcement orders the motor vehicle to
be towed, whether or not the owner or operator consents.
That care which is normally used to protect a motor vehicle
from further damage, including but not limited to the use of tarps
for environmental protection and security protection for storage areas.
Any motor vehicle storage facility that is not located within
an enclosed structure and that conforms to the following minimum standards:
The entire land area shall be enclosed by a fence of sturdy
construction, a wall or other man-made barrier that is at least seven
feet in height, with a minimum of one lockable gate for ingress and
egress, in accordance with local zoning regulations.
All entry points shall have a locking device.
The area shall have adequate lighting to protect stored vehicles
from vandalism.
The towing operator shall submit proof that he owns or leases
an area within an area of 1.5 miles from 15 Park Avenue, Maywood,
New Jersey (Borough Hall). Said proof shall include the deed or deeds
to the property or the leases to the same. The towing operator shall
submit proof of local zoning compliance for use of the storage facility.
A person, firm, corporation or partnership who owns and/or
operates a motor vehicle on the roads and highways within the Borough
of Maywood.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Borough of Maywood Police Department.
The licensed place of business of the towing operator. The
towing operator shall maintain a place of business where trucks, in
response to police requests, are normally kept. The principal location
must be open to the public, between 8:00 a.m. and 6:00 p.m. at least
five days per week and the principal location shall contain a clean,
comfortable waiting area with toilet facilities.
The nonconsensual towing from private property or from a
storage facility of a person's motor vehicle that is parked illegally,
parked during a time at which such parking is not permitted, or otherwise
parked without authorization or immobilization of, or preparation
for moving or removing of such motor vehicle to which a service charge
is made, either directly or indirectly.
The procedure in which the tow operator applies his knowledge
in a skillful manner to preserve the condition of the motor vehicle
while moving the vehicle to a towable position; can be achieved by
several actions that may include but are not limited to winching and
rigging.
The sweeping and removal of all debris left on the roadway
as a result of an accident or incident.
The list of towers prepared by the Chief of Police from which,
each week, the on-duty tower for the week is designated.
The use of absorbents to soak up any liquids from a motor
vehicle at the site from which the motor vehicle will be towed and
sweeping and removal of all debris left on the roadway as a result
of an accident or incident.
Any twenty-four-hour day or any portion thereof, with a new
day beginning at 12:00 midnight.
The storage and/or holding of vehicles indoors or outdoors
by a licensee under the authority of this chapter.
Covering a motor vehicle to prevent weather damage.
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
motor vehicles.
Any vehicle towed by a licensed tower pursuant to this chapter
that is left unclaimed for a period in excess of seven calendar days.
Distance in miles traveled by a tow vehicle to a disabled
vehicle or the distance in miles traveled by a tow vehicle after dropping
off a vehicle out of town at the customer's request.
Every device in or upon or by which a person or property
is or may be transported upon a highway, except devices moved by human
power.
Additional time that a tow operator spends at the scene,
other than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to emergency medical
services (EMS) which must be performed and/or police investigations.
The process of moving a motor vehicle, by the use of chains,
nylon slings or additional links of winch cable, from a position that
is not accessible for direct hookup for towing a motor vehicle. Winching
also includes recovering a motor vehicle that is not on the road,
and righting a motor vehicle that is on its side or upside down, but
does not include pulling a vehicle onto a flatbed tow truck.
Any material used to cover motor vehicle windows that have
been damaged.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying, recovering or removing
any and all kinds of motor vehicles which are unable to be and actually
are not operated under their own power from the place where they are
disabled to some other place, or any vehicle(s) which the Police Department
has ordered to be impounded. A tow vehicle must be manufactured by
a tow truck manufacturer that is nationally recognized by the towing
industry.
A charge for a motor vehicle, towed into the storage facility
of the licensed tower that is inoperable and must be towed from the
licensed tower's storage facility to a public street for towing by
a secondary tower.
A.Â
Towing operators meeting the qualifications set forth below shall
yearly submit an application, in writing, to the Borough Clerk to
be considered for placement on a rotating list of towing operators.
There shall be a minimum of two towers on the list per calendar year.
A new list is compiled every year. All applicants wishing to be on
the list must apply every year.
B.Â
All applicants for a towing license, in order for the application
to be deemed complete, must provide the following:
(1)Â
The complete legal business name, business address, principal location
address and Department of Transportation (DOT) number.
(2)Â
The complete home address, home telephone number, date of birth and
social security number of the applicant, if a sole proprietorship,
or the complete home addresses, home telephone numbers, dates of birth
and social security numbers of the principal officers and partners
if the licensee is a corporation or partnership.
(3)Â
Photocopies of all registrations of every tow vehicle to be operated
by the applicant. If the tow vehicle is leased, the applicant is required
to submit a copy of the lease agreement.
(4)Â
The names, addresses and telephone numbers of any persons possessing
any liens and/or encumbrances on the principal location.
(5)Â
The name, address and telephone number of the applicant's insurance
carrier and photocopies of each certificate of insurance issued by
the carrier.
(6)Â
Photocopies of all towing vehicle operators' current driver's licenses,
their social security numbers and a driver's license abstract.
(7)Â
Photocopies of criminal and civil background searches for all towing
vehicle operators.
(8)Â
Evidence demonstrating that the applicant has at least five years
of personal experience in the field of towing and storing of vehicles.
(9)Â
Proof that the applicant has a principal location within 1.5 miles
of 15 Park Avenue, Maywood, New Jersey.
(10)Â
Proof that the applicant's principal location meets all zoning
requirements applicable to the jurisdiction in which it is located.
(11)Â
Proof that the applicant can guarantee a fifteen-minute response
time on all calls with the exception of delays caused by unexpected
traffic or unusual conditions.
(12)Â
The applicant shall provide an affidavit that the information
given in the application is true and correct.
(13)Â
The applicant shall provide an agreement that, upon issuance
of a license, the licensee shall indemnify and hold harmless the Borough
of Maywood, its agents, servants and/or employees from and against
all claims of a third party relating to the towing and/or storage
service of the licensee.
(14)Â
Applications will be processed according to the order in which
they were filed with the Borough Clerk.
A.Â
Owner required service. No license shall be required for the on-site
repair and/or towing or storage of any vehicle when the request is
received by the towing operator from the owner prior to a police request
or if the owner or operator of a vehicle requests the police contact
a tow company of his choice.
B.Â
Towing from private property. No license shall be required by the
police to tow any vehicle from private property without the consent
of the owner except on the express instruction of the police in the
event of an emergency.
All yearly applications shall be accompanied by a nonrefundable
fee of $500 payable to the Borough of Maywood. The application fees
are in addition to any fee for criminal background checks required
in this chapter as well as any other fees required by this chapter.
Said fees are in addition to the license fees as set forth in this
chapter
A.Â
Applications received by the Borough Clerk shall be referred to the
Chief of Police within five business days of receipt. The Chief of
Police or his designee shall initiate an investigation to be made
of the applicant and of its proposed business operation and shall
perform inspections of the vehicles to be licensed.
B.Â
As part of the Chief of Police's investigation of the license application,
criminal and civil background checks on all persons listed in the
application will be reviewed.
C.Â
The licensee and all employees must be trustworthy in that the licensee
must safeguard vehicles and personal property belonging to others
as well as secure and protect evidence when a vehicle is impounded
by the police due to an accident investigation or criminal activity.
Therefore, to protect the public interest, the Borough may disqualify
any applicant wherein an employee, owner, principal, agent and/or
officer has been convicted of a crime involving moral turpitude or
excessive moving violations or a substantial violation under this
chapter.
D.Â
The Chief of Police shall, within 14 days after the receipt of the
completed application, complete the investigation and inspection and
submit a written report to the Borough Clerk. The report shall include
recommendations that the applicant be accepted or denied.
E.Â
The licensee shall notify the Borough Clerk in writing of any criminal
charges, motor vehicle offenses or ordinance violations that are issued
against the licensee or its employees during the term of the license.
Failure to make the proper notification to the Borough Clerk may result
in the revocation of the license.
F.Â
If a towing company charges a consumer a fee for a private property
or other nonconsensual towing service that is disputed by the consumer,
the parties shall make a good faith effort to resolve the dispute
with the Police Department. If the parties are unable to resolve the
dispute, the complaint may be forwarded to the Director of the New
Jersey Division of Consumer Affairs, who shall make a determination
as to whether or not the fee is unreasonable under N.J.A.C. 13:45A-31.5.
The Director may order the towing company to reimburse the consumer
for an amount equal to the difference between the charged fee and
a reasonable fee, plus interest.
A.Â
Upon written notification by the Chief of Police to the Borough Clerk
that an application has been reviewed and the Police investigation
has been completed, the Borough Council shall, at a public meeting,
consider the issuance of a license.
B.Â
In addition to the application or renewal application fees set forth
in this chapter the yearly license fee shall be $500, payable to the
Borough of Maywood.
C.Â
Upon approval by the Borough Council, the Borough Clerk of the Borough
of Maywood shall issue a license to the licensee pursuant to this
chapter.
D.Â
All towing licenses will be issued for a period of one year beginning
January 1 of each year and expiring on December 31. Applications for
license and license renewal are to be completed and returned to the
Borough Clerk by November 1 of each year for a license for the following
calendar year. Licenses or renewals filed after December 1 will not
be accepted for the following calendar year.
E.Â
Licenses are the property of the Borough of Maywood and may not under
any circumstances be assigned, leased, shared, transferred or sold
to another person, corporation or proprietorship.
F.Â
Upon the issuance of the license, the licensee may, during the term
of the license, advertise and place on his equipment that the licensee
is an authorized police tower for the Borough of Maywood.
G.Â
The licensee shall respond to a call from the Maywood Police Department
with a tow truck at the scene within 15 minutes of receiving the call.
Failure to respond within 15 minutes on two or more calls shall be
grounds for revocation or nonrenewal of the license.
A.Â
The towing operator must be able to provide, 24 hours a day, seven
days a week, towing services for the Borough, on a rotating basis,
at the direction of the Chief of Police or his designee.
B.Â
The Chief of Police or his designee shall assign call-out weeks from
the rotating list. A tower that wishes to change his assigned week
due to vacation or conflict may do so with the approval of the Chief
of Police or his designee.
D.Â
The on-duty tower shall be called for the removal and storage of
the disabled vehicle. In the event that the on-duty tower is unable
to respond to calls or to respond in a timely manner due to unusual
conditions, the next tower on the rotating list shall be called.
E.Â
Cruising by a towing company's vehicles is not permitted.
A.Â
Enforcement.
(1)Â
All complaints received by the Borough regarding a towing operator's
performance under the provisions of this chapter shall be investigated
by the Chief of Police or his designee and resolved to the satisfaction
of all parties. In the event that the complaint cannot be resolved
to the mutual satisfaction of the parties, the matter shall be submitted
to the Business Administrator or his designee. The decision of the
Business Administrator or his designee shall be final.
(2)Â
The towing operator shall at all times comply with this chapter,
or the Borough shall remove the towing operator from the rotating
list after written notification from the Police Department and an
opportunity for a hearing conducted by the Business Administrator.
(3)Â
The Chief of Police is hereby designated to enforce the provisions
of this chapter in accordance with due process of law.
(4)Â
The Chief of Police shall investigate and keep, and maintain for
a period of five years, a record of all complaints that are received
regarding the provisions set forth in this chapter.
B.Â
Revocation of license.
(1)Â
The Chief of Police shall have the right to suspend any license issued
under this chapter upon the determination that there have been two
violations of the licensed towing company guidelines and regulations.
(2)Â
The Chief of Police shall be the sole administrator of this list,
and any violations or complaints concerning any licensed tow truck
company shall be addressed to the Chief of Police.
(3)Â
Any license suspended shall cause the company to be removed from
the list for one year from the date of the suspension. The licensed
tow company which has been suspended may reapply to be on the rotating
list on January 1 of the year after the suspension has been lifted.
(4)Â
The Chief of Police has the authority to suspend any license at any
time for criminal activity, Title 39 violations or any violation(s)
of this chapter. When a license is suspended, the Chief of Police
shall forward a full report to the Mayor and Council within 15 business
days after said suspension. If the licensee objects to the determination
of the Chief of Police, the licensee may request a hearing before
the Council. The licensee must notify the Borough Clerk in writing
of a request for a hearing within 20 days of the suspension notice
issued by the Chief of Police. The Council, at the conclusion of the
hearing, may affirm or reverse the decision of the Chief of Police.
(5)Â
The Chief of Police may inspect any or all licensed wreckers at any
time. If at any time the Chief of Police finds the equipment inadequate
or unsafe, the Chief of Police may demand immediate correction and
suspend the wrecker license until such time as the violation is corrected.
Once a wrecker license is suspended, all identifiers listing the wrecker
as a Borough of Maywood police wrecker shall be removed from the wrecker
by the licensee.
A.Â
The equipment to be used by the towing operator shall meet the following
requirements:
(1)Â
All equipment must be of the type, condition and design to efficiently
perform the work required by the Borough of Maywood.
(2)Â
A licensee, when filing an application and at all times while holding
a license under this chapter, shall own or lease for use in performing
the services required by the license the following pieces of equipment:
(a)Â
Regular wrecker service: a minimum of two trucks (two flatbed
tow trucks and one wrecker).
(b)Â
Heavy-duty wrecker service: a minimum of one heavy-duty wrecker.
It shall not be a requirement that each operator maintain a heavy-duty
wrecker. Only those operators that maintain a heavy-duty wrecker in
addition to the regular wrecker service equipment shall be placed
on the heavy-duty wrecker call-out list.
B.Â
The following safety equipment shall be carried on all towing trucks:
(1)Â
Chains and tie-downs to secure vehicles.
(2)Â
A snatch block.
(3)Â
An auxiliary safety light kit to be placed on the rear of a towed
vehicle that does not have functioning taillight flashers.
(4)Â
Rotating amber emergency lights mounted on top of truck. (A state-issued
permit is required and must be in the truck.)
(5)Â
Two white work lights facing from the rear of the truck.
(6)Â
One shovel and broom.
(7)Â
Fifty pounds of absorbent.
(8)Â
Jumper cables or a jump box.
(9)Â
A steering wheel tie down.
(10)Â
A toolbox with assorted hand tools normally used to conduct
emergency roadwork and towing.
(11)Â
Two reflectorized traffic safety vests.
(12)Â
One five-pound A-B-C-rated dry powder fire extinguisher.
(13)Â
One flashlight.
C.Â
A reflectorized traffic safety vest shall be properly worn as the
outside garment by all employees performing work while on a roadway,
24 hours a day.
D.Â
The towing operator shall provide all trucks with a shovel, broom
and other equipment necessary to clean up broken glass and debris
from the scene of any accident to which they are summoned. The towing
operator shall be responsible for the subsequent cleanup. Each truck
shall have a minimum of 50 pounds of absorbent for oil and/or any
other liquid, except gasoline, that might be spilled onto a roadway
as a result of an accident. If gasoline is spilled as a result of
any accident, it shall be the responsibility of the Police Department
to notify the Fire Department for immediate removal. Absorbed liquids,
other than gasoline, shall be removed from the roadway by the tower,
placed in plastic bags and then placed in the towed vehicle by the
towing operator and shall be disposed of by the owner of said vehicle.
The towing operator may charge a fee as set forth in the Borough of
Maywood Fee Ordinance.[1]
E.Â
All trucks used by the towing operator shall be kept in a clean,
good-working condition. The towing operator shall have displayed on
all of his trucks in such a manner and of such lettering as conforms
to the provisions of N.J.S.A. 39:4-46.
F.Â
Each towing operator shall furnish the following information with
respect to the aforementioned trucks: the make, model, year and registration
number of each truck and the DOT number. A photocopy of each registration
and insurance card shall also be included. For leased trucks, the
towing operator shall be required to furnish a copy of each lease.
Only trucks listed shall be used by the towing operator.
The towing operator shall have a storage facility that meets
the following requirements:
A.Â
The outside storage facility used for storage of vehicles shall be
paved or stoned.
B.Â
The outside storage facility shall provide a minimum of 3,000 square
feet of storage space.
C.Â
All storage facilities shall be located within 1.5 miles of 15 Park
Avenue, Maywood, NJ.
D.Â
Signs which readily identify the storage facility and which comply
with all applicable laws and local zoning regulations shall be installed.
E.Â
No towed vehicle shall be parked upon a public or private street
or sidewalk. Said vehicle shall be stored by the towing operator within
the licensed storage area so provided.
F.Â
The entire outside storage area shall be enclosed by a fence or sturdy
construction, a wall or other man-made barrier that is at least seven
feet high, which may include one foot of barbed wire, with at least
one lockable gate for ingress and egress, in accordance with local
zoning regulations.
G.Â
The impound area shall be properly lighted from dusk to dawn and
must be properly safeguarded from vandalism and/or theft.
H.Â
The Borough of Maywood Police Department shall be granted access
to any part of the impound area at any time, day or night, for the
purpose of inspection and/or investigation. This shall include indoor
and outdoor areas.
I.Â
There shall be no unescorted access to the aforementioned impound
area by the public. Said area shall be posted in accordance with Borough
of Maywood Police Department regulations.
J.Â
A small storage area shall be set aside for vehicles that may be
involved in a police incident. In addition, an indoor secured area
shall be provided for at least one vehicle, when requested by the
police. These vehicles may contain, or are themselves, evidence needed
for potential criminal or civil cases. These vehicles shall not be
removed from the safe and secure inside storage area until written
permission is obtained from the Borough of Maywood Police Department.
K.Â
The towing operator shall conspicuously post at his place of business
the fee schedule for storage and towing of vehicles. Reference to
this chapter shall be posted on the fee schedule.
L.Â
There shall be no piling of vehicles.
M.Â
The towing operator shall provide reasonable accommodations for after-hours
release of stored motor vehicle and can charge a release fee of $25
for the release of motor vehicle to their owners outside of the normal
business hours or on weekends.
The employees of the towing operator shall meet the following
requirements:
A.Â
An employee of the towing operator shall under no circumstances be
deemed an agent, servant and/or employee of the Borough or represent
to the public that he/she is an employee of the Borough of Maywood.
B.Â
No person shall be employed by the towing operator unless he/she
has obtained a background investigation and has been approved by the
Borough of Maywood Police Department. Any towing operator with a record
of a felony criminal conviction may not be qualified to receive a
license. Any of its employees with a felony conviction may not perform
any services under this chapter.
C.Â
The towing operator and his employees are prohibited from collecting
or attempting to collect a fee, commission, pay or charge other than
as provided for in this chapter.
D.Â
The name of the individual tow truck employee shall be listed on
the towing ticket/receipt.
E.Â
The towing operator shall provide a sufficient number of employees
to maintain the requirements of this chapter.
F.Â
The towing operator shall provide the Borough of Maywood with a list
of said personnel and copies of each operator's commercial driver
license (CDL) and social security number. All new employees shall
be registered with the Borough of Maywood prior to performing any
services under this contract. Information on employees shall be updated
every six months in order to keep current with changes in personnel.
G.Â
No towing operator shall employ, directly or indirectly, any employee
of the Borough of Maywood Police Department.
H.Â
No cruising by personnel shall be permitted.
I.Â
The licensee shall be responsible for basic environmental cleanup
and may charge the owner of the vehicle involved in the actual spill
a fee of $25 plus any additional costs necessary to remediate an environmental
impact, if any. No cost shall exceed the maximum enumerated yearly
rates as permitted for towers providing services to the New Jersey
State Police.
J.Â
The licensee shall be responsible for roadway cleanup, which shall
include but not be limited to removing broken glass and debris at
the scene of an accident, as per N.J.S.A. 39:4-56.8b, and may charge
the owner of the vehicle that created the debris a fee, as outlined,
of $25.
K.Â
The police officer at the scene of an accident or disabled vehicle
shall be in complete charge and shall be responsible to guarantee
that the scene is properly cleared and safe for traffic to resume
safely.
L.Â
The towing operators and all employees must be trustworthy and the
towing operator must safeguard vehicles and personal property belonging
to others, as well as secure and protect evidence when a vehicle is
impounded by the police, due to an accident investigation or criminal
activity.
M.Â
The towing operators shall notify the Borough Clerk in writing of
any criminal charges, motor vehicle offense or ordinance violations
that are issued against the towing operators or its employees.
A.Â
The towing operator shall maintain records of all vehicles towed,
stored and released by it. Records shall be kept for a three-year
period. These records shall include the name of the responding police
officer, name of towing employee, the date and time of towing, destination
towed, vehicle tag number and state, vehicle identification number,
make, model, color and year of vehicle, itemized charges to the owner
of the vehicle and the disposition of the vehicle and date thereof.
B.Â
The towing operator shall maintain a record of all property found
anywhere in the towed vehicle, including the trunk and glove compartment
when open and where a key is available.
C.Â
The Borough of Maywood shall, upon request, have access to any and
all of these records.
D.Â
The licensee shall notify the Borough of Maywood Police Department,
in writing, of any vehicle that is left unclaimed for a period in
excess of seven calendar days.
E.Â
The licensee shall prepare and issue to the owner/operator a written
itemized invoice for all services rendered under this chapter. The
invoice shall reflect the date, time, location and the employee that
performed the service and that the service performed was at the request
of the Borough of Maywood Police Department. A copy of the invoice
shall be retained by the licensee and filed in a manner that coincides
with the licensee's current filing methods that will allow immediate
access to such record when requested by the Borough of Maywood Police
Department.
F.Â
The licensee shall incur the cost of preparing a payment rate circular
for fees listed under this chapter and shall distribute this rate
circular at the time of tow to all customers, at no cost, which also
includes directions to the storage location, business hours, phone
numbers, major credit cards accepted and other methods of payment
accepted.
A.Â
Tow-truck drivers shall have and maintain a valid driver's license
for the tow vehicle that they operate. Drivers that operate heavy
duty wreckers shall have the following endorsements on their commercial
driver's license:
The Borough and its Chief shall not be liable to a licensee
with respect to service rendered to any owner pursuant to the license
or otherwise. The licensee shall look only to the owner of such vehicle
for payment of service charges or any other compensation.
A.Â
The towing operator shall provide and maintain the following types
of insurance coverage to be obtained from insurance companies licensed
to do business in the State of New Jersey and shall provide the Borough
with certificates of insurance evidencing proof of the following required
coverage:
(1)Â
Automobile liability in an amount not less than $1,000,000 for bodily
injury per person, $3,000,000 for bodily injury per accident and $500,000
for property damage per accident.
(2)Â
Workers' compensation as required by statute.
(3)Â
Garagekeeper's liability in an amount not less than $500,000 per
claimant and $1,000,000 for more than one claimant.
(4)Â
Garage liability in an amount not less than $2,000,000 combined single
limit.
(5)Â
Comprehensive general liability in an amount not less than $2,000,000.
B.Â
Policies shall be endorsed to provide collision coverage for vehicles
in tow.
C.Â
On all policies except workers' compensation, the Borough shall be
named as an additional insured and as the certificate holder.
D.Â
All policies must contain a provision requiring notification to the
Borough of any policy cancellation or revision at least 30 days prior
to either cancellation or revision.
E.Â
The towing operator shall provide an excess or umbrella liability
insurance policy in the amount of $2,000,000.
The application of a towing operator for a license pursuant
to this chapter shall include an agreement by the towing operator
that upon the issuance of a license, the licensee shall indemnify
the Borough against all claims of third parties relating to towing
services provided by the licensee.
The Chief of Police may issue rules and regulations from time
to time on the operation of the towing services and storage facilities
to implement but not exceed the purposes of this chapter.
[Amended 5-22-2023 by Ord. No. 10-23]
A.Â
The following is the fee schedule for basic automobiles, motorcycles,
motorized bikes, towing services and heavy-duty vehicle recovery as
established by the maximum published rates utilized by the New Jersey
State Police for the year 2023:
(5)Â
Specialized recovery equipment.
(a)Â
Rotator/crane recovery unit: $1,200 per hour.
(b)Â
Tractor with landoll trailer or detach trailer: $500 per hour.
(c)Â
Tractor/transport hauler only: $350 per hour.
(d)Â
Refrigerated trailer $550 per hour.
(e)Â
Box trailer with tractor: $500 per hour.
(f)Â
Air cushion unit: $1,000 per hour.
(g)Â
Light tower: $250 per hour.
(h)Â
Pallet jack: $200 flat rate.
(i)Â
Rollers: $200 flat rate.
(j)Â
Any other specialized equipment: $300 per hour.
(k)Â
Loader/backhoe/telescopic handler/bulldozer/bobcat: $400 per
hour for each.
(l)Â
Forklift: $400 per hour.
(m)Â
Dump truck/dump trailer with tractor: $400 per hour.
(n)Â
Roll-off with container: $400 per hour plus disposal.
(o)Â
Recovery supervisor vehicle: $150 per hour.
(p)Â
Scene safety equipment, communication equipment, traffic management
equipment, etc.: $250 per hour each type used.
(q)Â
Recovery support vehicle/trailer additional recovery equipment:
$350 per hour.
(6)Â
Labor: All labor minimum of one hour.
(a)Â
Accident minor clean-up and disposal of debris: $75 per hour,
one hour minimum, plus absorbent materials used.
(b)Â
Recovery supervisor and/or Level III recovery specialist: $250
per hour (*charges limited to one per incident).
(c)Â
Certified towing operator: $150 per hour per man.
(d)Â
Manual laborers: $125 per hour per man.
(7)Â
Storage per calendar day (inside rates two times outside rate).
(a)Â
Cars/light trucks ten-foot by twenty-foot space): $50 per day.
(b)Â
Trucks (dual wheels)/single axle: $125 per day.
(c)Â
Tractor/dump truck/tractor and trailer combo/trailers: $125
per unit per day.
(d)Â
Buses: $150 per day.
(e)Â
Roll-off: $125 per day for each day.
(f)Â
Cargo/accident debris/load storage/vehicle components (ten-foot
by twenty-foot space): $50 per space used per day.
(g)Â
Rental of any tow-company-supplied trailer post incident: $500
per day.
(8)Â
Additional services/notes.
(a)Â
Fuel/hazmat/cargo spills clean-up and disposal: time and material.
(b)Â
Hazmat and trash recovery: surcharged 10%.
(c)Â
Subcontractor mark-up: 20%.
(d)Â
Administrative charge only after third visit to vehicle: (Cars
Only) $50.
(e)Â
Administration charge (medium/heavy truck): $200.
(f)Â
After-hours release: $85.
(g)Â
Notification documentation fee: $75.
(h)Â
Tarping/wrapping vehicle: $90 per car; $250 per truck.
(9)Â
Fuel surcharge chart tow and mileage cost only).
|
Fuel Cost
|
Fuel Surcharge Percentage
|
|---|---|
|
$2.50
|
0%
|
|
$3
|
1%
|
|
$3.50
|
2%
|
|
$4
|
3%
|
|
$4.50
|
4%
|
|
$5
|
5%
|
|
$5.50
|
6%
|
|
$6
|
7%
|
|
$6.50
|
8%
|
|
$7
|
9%
|
|
$7.50
|
10%
|
|
$8
|
11%
|
A.Â
Any person or towing operator who violates the provisions of this
chapter shall, upon conviction, be fined as follows:
B.Â
In addition to any penalties that may be imposed by the Municipal
Court, the Borough Council may, after conducting a hearing regarding
the violation(s), terminate the license issued pursuant to this chapter
for repeated violations of this chapter.
