[HISTORY: Adopted by the Mayor and Council
of the Borough of Saddle River 10-3-2022 by Ord. No. 22-1044.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 197, Towing,
Road Service and Storage, adopted 11-15-1999 by Ord. No. 99-685-C; as amended in its
entirety 10-17-2011 by Ord. No.
11-855-C; and subsequently amended 4-16-2012 by Ord. No. 12-866-C.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle of a private passenger, sport utility 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 by husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the owner(s).
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area or from
a storage facility, and other services normally incident thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any other object
within the right-of-way or berm.
Any vehicle other than that as defined as an automobile pursuant
to the definitions as contained in this chapter.
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.
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 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 owner or operator
of the motor vehicle.
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. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
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.
The towing operator's principal place of business where
the tow vehicle is stationed when not in use.
A.Â
The Saddle River Police Department shall appoint persons or companies
meeting the criteria set forth in this chapter and engaged in the
business of offering the services of a motor vehicle towing or wrecker
service, whereby damaged or disabled motor vehicles are towed or otherwise
removed from the place where they are damaged or disabled, by use
of a tow vehicle, as defined in this chapter. Such persons or companies
shall be known as "official towers."
B.Â
Official towers shall be identified by means of a license that shall
be issued in accordance with the provisions of this chapter.
C.Â
Not less than 75 days' prior to the beginning of each three-year
term of official tower's licenses, the Borough shall advertise
for applications for towing licenses for providing towing services
pursuant to this chapter. The advertisement shall be published in
the legal newspapers of the Borough.
D.Â
All applicants shall submit their applications at least 60 days'
prior to the commencement date for each three-year period, and the
applications shall be reviewed in accordance with the procedures set
forth in this chapter. The award of a license to the successful applicants
shall be subject to compliance with the license requirements of the
chapter.
E.Â
For the purposes of the license to be awarded, pursuant to this chapter,
in the year in which it is adopted, the initial term of the license
shall be from the date the license is issued until December 31 of
that year. Licenses issued thereafter shall be for a three-year period
commencing on January 1 of the year in which they were issued and
terminating three years thereafter.
F.Â
Notwithstanding the provisions of this chapter that provide for a
three-year term of the license, official towers shall submit, no later
than December 1 of each year that the towing license is in effect,
a detailed certification certifying that the official tower meets
the requirements of this chapter in regard to the issuance of licenses.
Said certification shall be submitted to the Saddle River Police Department
for review and approval by the designated administrative officers.
Failure to submit the certification or failure to continue to abide
by the requirements of this chapter in regard to the issuance of a
towing license shall subject the official tower to revocation of the
license in accordance with the procedures contained herein.
A.Â
Official towers shall furnish adequate and proper wrecking, towing,
storage and emergency repair services to motor vehicles damaged or
disabled within the limits of the Borough, when requested to do so
by the Borough of Saddle River Police Department or its authorized
designee.
B.Â
No official tower shall subcontract any work to be performed pursuant
to this chapter except in an emergency situation. The Borough of Saddle
River will, within reasonable discretion, maintain objective guidelines
on file as to emergencies and use of subcontractors. Any official
tower shall be responsible for the services performed by the subcontractor
and shall remain liable for any violation of this chapter by the subcontractor.
A.Â
Applications for inclusion on the Official Towers' List shall
be made to the Saddle River Borough Council upon a form prepared by
the Saddle River Police Department and approved by the Borough Attorney
and shall contain all of the following information:
(1)Â
The name, residence and business address, and telephone number of
the owner of the towing company. If the owner is a corporation, the
application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)Â
Such information as may be required by the Saddle River Police Department
and Saddle River Mayor and Council concerning the personnel, vehicles,
equipment and storage facilities of such applicant, as hereinafter
provided, showing that the applicant meets the minimum standards of
performance.
(3)Â
Policies or certificates of insurance coverage as hereinafter provided.
(4)Â
The names and addresses of two business references who have known
the applicant for at least two years.
(5)Â
Certification that the applicant will be able to provide towing services
anywhere in the Borough with a maximum response time of 20 minutes,
except when extraordinary circumstances occur.
(6)Â
Certification that the applicant will be available for service on
business premises 24 hours a day, seven days a week, and that they
will abide by the fees contained in or referred to in this section
and shall not charge a fee in excess of those permitted by law.
(7)Â
Consent to certification that will consent to appointment of the
Borough 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.
(8)Â
A sketch plan showing the location of the storage area, the number
of cars that can be stored and the total square footage area of the
storage area.
(9)Â
Agreement to abide by the general rules and regulations established
by the Police Department in connection with towing procedures within
the Borough.
B.Â
The applicant shall submit completed duplicate applications to the
Borough Administrator, who shall forward a copy to the Saddle River
Police Chief for review and approval. The review by the Borough of
Saddle River Police Department shall consist of the following:
(1)Â
A background check to determine if either the applicant or the applicant's
personnel have been convicted of a criminal offense or have had their
driver's licenses suspended or revoked within the past year.
Conviction of a criminal offense or suspension of a driver's
license within the past year shall be a cause for disqualification
from inclusion on the Official Towers' List.
(2)Â
An inspection of the personnel, vehicles, equipment and storage area
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.
C.Â
An applicant may be included on the Official Towers' List by
the Borough Council, by resolution adopted at a regular public meeting,
when, from a consideration of the application and from such other
information as may otherwise be obtained, they find that all of the
following circumstances exist:
(1)Â
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)Â
The applicant has met the standards in this chapter and has forwarded
the required hold harmless agreement and policies or certificates
of insurance which shall be reviewed and approved by the Borough's
Risk Management Consultant.
(3)Â
The application has been reviewed and approved by the Police Department
designee.
(4)Â
Neither the applicant nor the applicant's personnel have been
convicted of a criminal offense or had their driver's licenses
suspended within the past year.
D.Â
The Saddle River Police Department shall conduct a review and render
a report to the Borough Council, recommending either approval or denial
of the application, within 45 days of receipt of the application.
The Borough Council shall take action with regard to the application
within 45 days of receipt of the report of the Police Department.
The applicant, or its representative, shall be given notice of the
date on which the Borough Council will consider the application and
shall be permitted to appear and be heard at that time.
E.Â
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Borough Council.
F.Â
If the Borough Council fails to take action within 60 days of receipt
of a complete application, the application shall be deemed to have
been denied.
A.Â
Upon approval of the application as herein provided, the Chief of
the Saddle River Police Department shall issue the applicant an official
tower's license to be utilized in providing services pursuant
to this chapter.
B.Â
Said licenses shall be in a form approved by the Borough Council.
C.Â
The licenses shall be valid for the three-year period as set forth
in this chapter, shall be nontransferable and shall be subject to
revocation by the Borough Council for any of the following reasons:
(1)Â
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.
(2)Â
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.
(3)Â
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance.
(4)Â
Unsatisfactory service provided pursuant to this chapter.
(5)Â
Failure to annually certify compliance with the requirements of this
chapter as required.
D.Â
The license fee for the license issued under this section shall be $100 per license per vehicle. The fee for the annual review of certification and inspection of vehicles and equipment submitted by the official tower pursuant to § 197-2F of this chapter shall be $50.
E.Â
Licenses shall not be transferable.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A.Â
Minimum vehicle requirements.
(1)Â
Every official tower shall maintain and have available to render
services required by this chapter a minimum of two regular tow vehicles,
two flatbed vehicles and two heavy-duty wreckers.
(2)Â
Vehicle classes:
(a)Â
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a dolly assembly, a tow sling or wheel lift
assembly at least 100 feet of either 3/8 inch or 7/16 inch cable attached
to a motor-driven winch.
(b)Â
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate transporting of
vehicles.
(3)Â
Every official tower shall have available a heavy-duty wrecker, and
underreach shall be rated at 35,000 pounds and shall be capable of
towing new-style buses and trucks with fiberglass front ends.
(4)Â
All equipment shall comply with all state and federal regulations.
(5)Â
Each applicant shall submit, along with its application, proof of
ownership, lease or other written agreement demonstrating availability
as needed of the vehicles which will be utilized to provide services
pursuant to this section.
B.Â
Minimum equipment requirements.
(1)Â
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a)Â
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours.
(b)Â
One snatch block per winch.
(c)Â
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber colored.
(d)Â
Extra chains/wire rope/nylon straps and cable for pulling or
securing a towed vehicle.
(e)Â
At least one heavy-duty broom, a shovel, a crowbar or pry bar,
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 40 pounds of dry sand or a drying compound for gasoline
and oil spilled onto the roadway and a container of sufficient size
to remove the used compound, a sufficient quantity and types of tools
to enable the tow operator to perform proper and adequate emergency
repair services for the tow.
(2)Â
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 Saddle River Police Department at any
time. No changes may be made in said vehicles or equipment unless
prior written approval is obtained from the Borough.
(3)Â
Every tow vehicle or flatbed vehicle shall display the official tower's
license and shall have the name of the official tower displayed on
the vehicle in such manner and of such lettering as conforms to the
provisions of N.J.S.A. 39:4-46.
(4)Â
All towing operators' trucks must be equipped with either two-way
radio and/or mobile telephone communications equipment with their
principal place of business, including their garage and/or office
facilities, to ensure the proper availability of services and equipment
on behalf of the Borough and motorists.
C.Â
Minimum personnel requirements; availability and response time.
(1)Â
Official towers shall have available, at all times, a minimum of
two persons to provide the services required by this chapter. All
persons 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:
(a)Â
Be competent mechanics able to provide minimum road service
for disabled vehicles.
(b)Â
Have a valid driver's license having no restrictions or
conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(c)Â
Be mentally alert and present a neat appearance at all times.
(d)Â
Obey all traffic laws and regulations.
(e)Â
Be subject to inspection by the Police Department of the Borough
and shall be approved by the Borough prior to rendering any services
pursuant to this chapter.
(f)Â
Not have been convicted of a crime nor had their driving privileges
suspended or revoked within the past year.
(2)Â
Employees of the towing operator, in responding to a call, shall
request and be afforded police assistance during the course of providing
towing, emergency road services or removal of abandoned or accident
vehicles when such employees find it necessary to turn around, back
up, tow in the opposite direction of traffic, or cross the median.
(3)Â
A towing operator shall not permit a vehicle to be removed from the
site of a vehicular accident, the scene of a crime or any other instance
or situation without the prior approval and permission of a police
officer and/or superior at the scene.
D.Â
Minimum storage requirements.
(1)Â
Every official tower shall maintain an outside secured storage area
meeting the following requirements:
(a)Â
The storage area shall be capable of storing a minimum of 10
passenger vehicles and one tractor and trailer. The area shall have
at least 800 square feet of storage facilities to hold and protect
"police hold" vehicles.
(b)Â
The location of the towing facility and storage area shall be
located within a two-mile radius from the Saddle River Municipal Building
or in a contiguous municipality, provided the response time requirements
herein are met. This location is established to ensure reasonable
response times and towing distances.
(c)Â
The storage area shall be fully enclosed by a sturdy fence having
a minimum height of six feet, with at least one lockable gate for
ingress and egress, and shall be lighted from dusk to dawn. The storage
area shall have twenty-four-hour video surveillance.
(d)Â
The storage area shall be in an area legally zoned for such
use.
(e)Â
The hours of release for any impounded vehicles are Monday through
Friday from 8:00 a.m. to 4:30 p.m. and Saturdays 9:00 a.m. to 3:00
p.m. If the owner of a vehicle requests that the vehicle be released
after hours, the storage facility may charge a fee of $60 for such
release.
(f)Â
The official tower shall have an employee on duty during all
hours in which the storage facility is open.
(g)Â
(Reserved)
(h)Â
The applicant shall, with its application, submit proof of ownership or lease of the storage area. Where more than one tower shares the same location, the number of parking spaces described in Subsection D(1)(a) above shall be multiplied by the number of towers using the location to meet the requirements of this chapter.
(i)Â
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.
A.Â
Official towers shall be placed on the Official Towers' List
at the beginning of each three-year period in accordance with the
procedures as set forth in this chapter. The official towers shall
rotate on the list for one week at a time or for such a period as
designated by the Chief of the Saddle River Police Department. The
one-week rotation shall commence at 12:00 midnight Sunday and terminate
at 11:59 p.m. the following Saturday.
B.Â
The Borough shall request wrecking, towing and storage services from
each official tower in rotation. When called, the tower shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. If no tow vehicle is available or if, in the discretion of
the Borough official making the request, the response time is insufficient
under the circumstances to properly protect the public health, safety
or welfare, the next official tower on the list shall be called for
that particular towing event. The official tower is at the top of
the list for any subsequent calls until that tower's one-week
period at the top of the list is finished. For purposes of this section,
any response time greater than 20 minutes is insufficient for all
police service requests.
C.Â
All requests for service shall be made by the Police Department.
D.Â
The Police Department shall request service only from official towers;
provided, however, that if no emergency or imminent road hazard exists,
the Police Department shall request such service from such other person
as the owner of the motor vehicle in need of such services may request;
and provided further that, if none of the official towers are available
or able to provide such services as are requested by the Police Department,
or if an emergency exists, the Borough may request such services from
any other available source.
E.Â
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Borough over any other requests which may be received by the official
towers.
The applicant shall agree, in writing, to assume the defense
of and indemnify and hold harmless the Borough, its elected officials,
Police Department, boards, commissions, officers, employees and agents
from all suits, actions, damages or claims, fees, costs, expenses,
fines or penalties to which the Borough may be subjected of any kind
and nature whatsoever resulting from, caused by, arising out of or
as a consequence of the provisions of towing, wrecking, storage and/or
emergency services provided at the request of the Police Department
or Borough pursuant to this chapter. Official towers shall enter into
a hold harmless agreement in a form to be prepared by the Borough
Attorney prior to being included on the Official Towers' List.
The tower shall maintain, during the life of its license, insurance
policies of the type and with the minimum limits indicated below and
in a form satisfactory to the Borough. The tower shall provide a certified
copy of the policies and/or certificates of insurance satisfactory
to the Borough prior to commencement of work. All policies and/or
certificates shall be submitted to the Borough Risk Management Consultant
for review and approval.
A.Â
Garage liability insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence, including premises operations and products/completed
operations.
B.Â
Automobile liability insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence.
C.Â
Garagekeepers insurance. Physical damage insurance policies shall
be specifically endorsed to provide direct primary insurance, where
applicable, for vehicles in tow, possession of, or storage on property
owned or controlled by the tower. Limit of said coverage shall be
not less than $200,000.
D.Â
Excess umbrella insurance. Limit of liability shall be not less than $1,000,000 providing protection in excess of the $500,000 garage and auto liability coverage. Note: This requirement may be waived if the limits of liability in Subsections A and B are not less than $1,000,000 combined single limit.
E.Â
On all liability policies, the Borough of Saddle River shall be added
as an additional insured, and insurance policies and/or certificates
shall indicate such coverage as primary coverage notwithstanding any
insurance carried by the Borough.
F.Â
Workers' compensation insurance. New Jersey statutory coverage,
including employers' liability coverage.
G.Â
The tower shall indemnify the Borough and the public against any
loss due to injuries, accident or damages of any character whatsoever
where any such damage is the result of act or omission of the tower,
his agents or employees in or due to the execution of the work called
for under the contract.
H.Â
Certified copies of all insurance policies provided above or certificates
thereof satisfactory to the Borough of Saddle River shall be furnished
forthwith. Each such policy or certificate shall contain a provision
that it is not subject to material change, cancellation or nonrenewal
unless 30 days' prior written notice via certified mail/return
receipt shall have been given to the Borough of Saddle River by the
tower's insurer. These must be received 30 days' prior to
commencement of work.
I.Â
The providing of any insurance required herein does not relieve the
tower of any of the responsibilities or obligation assumed by the
tower for which the tower may be liable by law or otherwise.
J.Â
If any policies contain deductibles or copayments, it shall be the
responsibility of the tower to pay such sums at the same time a claim
is settled by the tower's insurance company.
K.Â
If any policies contain limits of liability with an aggregate limit,
the tower or tower's insurance company shall provide the Borough,
quarterly during the policy period, a statement evidencing the limits
of liability required under the contract to be in force.
L.Â
Failure to provide and continue in force such insurance as required
above shall be deemed a material breach of the contract and shall
cause an immediate termination thereof.
M.Â
All policies shall be written in either a company licensed to do
business in the State of New Jersey or a New Jersey eligible surplus
lines company, with a minimum Best rating of A-Vii (A minus seven).
They shall be written on an ISO (insurance services office) form or
better.
A.Â
Fees for towing and storage of private passenger vehicles, damaged
in an accident or recovered after being stolen, may not exceed the
fees established by the New Jersey Department of Insurance pursuant
to N.J.S.A. 17:33B-47.[1]
[1]
Editor's Note: N.J.S.A. 17:33B-47 was repealed by P.L.
1997, c. 387, § 6, effective 1-19-1998.
B.Â
The following is a fee schedule for basic automobile, motorcycle,
motorized bike, towing services and heavy-duty recovery.
(5)Â
Specialized recovery equipment:
(a)Â
Rotator/crane recovery unit: $1,200 per hour.
(b)Â
Tractor with Landoll trailer or detach trailer: $450 per hour.
(c)Â
Tractor/transport hauler only: $250 per hour.
(d)Â
Refrigerated trailer with tractor: $450 per hour.
(e)Â
Box trailer with tractor: $400 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: $250 per hour.
(k)Â
Loader/backhoe/telescopic handler/bulldozer/bobcat: $300 per
hour each.
(l)Â
Forklift: $300 per hour.
(m)Â
Dump truck/dump trailer with tractor: $350 per hour.
(n)Â
Roll-off with container: $350 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.
(q)Â
Recovery support vehicle/trailer additional recovery equipment:
$350 per hour.
(6)Â
Labor - all labor minimum of one hour:
(7)Â
Storage - per calendar day (inside rates; two times outside rate):
(a)Â
Cars/light trucks - 10 foot by 20 foot space: $45 per day.
(b)Â
Trucks (dual wheels)/single axle: $90 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.
(f)Â
Cargo/accident debris/load storage/vehicle components 10 foot
by 20 foot space: $45 per space used per day.
(g)Â
Rental of any tow company supplied trailer post incident: $500
per day.
(h)Â
Fuel/hazmat/cargo spills cleanup and disposal: time and material.
(i)Â
Hazmat and trash recovery: surcharged 10%.
(j)Â
Subcontractor markup: 10%.
(k)Â
Administrative charge only after third visit to vehicle: cars
only - $50.
(l)Â
Administration charge: medium/heavy truck - $200.
(m)Â
After hours release: $75.
(n)Â
Notification documentation feedback: $50.
(o)Â
Tarping/wrapping vehicle: $90 per car/$250 per truck.
(p)Â
Fuel surcharge: see chart below.
|
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%
|
(8)Â
Saddle River Borough-owned vehicles. Any service provided to Saddle
River Borough-owned/-leased vehicles shall be 1/2 of the above-listed
rates.
A.Â
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 the Borough Municipal Building and Police Department.
Copies shall also be made available to the public at each official
tower's place of business.
B.Â
All official towers shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of the fees that may
be charged for all services provided pursuant to this chapter.
C.Â
The Borough reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all official
towers.
D.Â
The relationship between an official tower and the Borough 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.Â
The municipality 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 the Borough vehicles. Compensation
shall be the responsibility of the owner of the towed motor vehicle,
and the official tower shall proceed directly against the owner.
F.Â
The official tower shall, at all times, be solely responsible for
the conduct of its employees. No licensee shall discriminate as to
hiring or employment practices. Licensees shall be required to sign
a nondiscrimination statement.
G.Â
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 Borough 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.
H.Â
The official tower shall comply with all state and federal laws and
regulations concerning wages, hours and terms of employment.
A.Â
In the event a complaint is received by the Borough of Saddle River
involving the improper or unsatisfactory performance of services by
an official tower, inviolation of this chapter, excessive charges
or damage to a motor vehicle while in custody of the tower, written
notice of same shall be provided by the Borough Administrator to the
official tower involved. The tower shall have the opportunity to respond,
in writing, within seven days.
B.Â
Within 14 days of receipt of the tower's response, or within
21 days of receipt of the complaint, if no response is received, the
matter shall be presented by the Borough Administrator to the Mayor
and Council.
C.Â
The Mayor and Council shall, thereafter, consider the matter at the
regular public meeting and may request that the complainant and the
tower involved appear and give testimony regarding the complaint.
D.Â
After considering the matter and the evidence presented, the Mayor
and Council shall make certain findings and conclusions relative to
the complaint which shall constitute their decision. If the Council
finds in favor of the complainant and against the official tower,
the Council may consider and impose the following penalties.
(1)Â
Suspension of the official tower's license;
(2)Â
Revocation of such license for a fixed period or duration;
(3)Â
Permanent revocation of the official tower's license;
(4)Â
Such other penalty as the Mayor and Council deems just and appropriate
under the circumstances. In considering the imposition of a suspension,
revocation or other penalty, the Council shall take into account factors,
including, but not limited to, any prior violations of the tower,
the nature and seriousness of the complaint, and the danger to the
health, safety and welfare of the public.
E.Â
Failure to surrender the license upon revocation shall constitute
a violation of this chapter.
F.Â
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.
A.Â
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $1,000,
and 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.
B.Â
In addition to the fine provided above, a violation of any of the
provisions of this chapter shall be cause for suspension or revocation
of the official tower's license.
C.Â
The Borough Police Department or any member thereof is hereby declared
to be the enforcement agency of this chapter in accordance with due
process of law.
