[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 9-17-1985 by Ord. No. 2145 (Ch. 230 of the 1978
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 228.
Pursuant to N.J.S.A. 39:4-139.2 et seq., the
Parking Offenses Adjudication Act, the Township of Nutley has the
authority to make, amend, repeal and enforce and ordinance authorizing
the impoundment or immobilization of motor vehicles found within the
municipality if there are any outstanding warrants against such vehicles.
The Board of Commissioners hereby exercises this authority and delegates
to the Nutley Police Department and/or its agents the authority to
impound or immobilize motor vehicles found within the Township of
Nutley if there are any outstanding warrants against such vehicles.
Except for vehicles owned by lessors who have
complied with the provisions of the act respecting lessors, if any
outstanding warrants are not paid by 12:00 midnight of the 30th day
following the day on which the vehicle was impounded or immobilized,
the vehicle may be sold at public auction. The municipality shall
give notice of the sale by certified mail to the owner, if his or
her name and address is known, and to the holder of any security interest
noted on the files of the Director of the Division of Motor Vehicles.
Public notice of the sale shall be in a form prescribed by the Director
of the Division of Motor Vehicles by publication of public notice
at least five days in advance of the date of sale. Publication shall
be in one or more of the official newspapers of the municipality,
which newspapers are established by annual resolution of the governing
body.
At any time prior to the sale, the owner of
the motor vehicle or other person entitled to the motor vehicle may
reclaim possession of it upon payment of the reasonable costs of removal
and storage of the motor vehicle, and any fine or penalty and court
costs assessed against the owner of the vehicle for a violation(s)
which gave rise to the impoundment or immobilization of said vehicle,
including any outstanding warrants against such vehicle; provided,
however, that the owner-lessor of a motor vehicle who has complied
with the provisions of the Parking Offenses Adjudication Act[1] respecting lessors shall be entitled to reclaim possession
without payment and the lessee shall be liable for any fine, penalty,
court costs and outstanding warrants against the vehicle.
[1]
Editor's Note: See N.J.S.A. 39:4-139.2 et
seq.
Any proceeds obtained from the sale of the vehicle
at public auction in excess of the amount owed to the municipality
for the reasonable costs of removal and storage of the motor vehicle,
and any fines or penalties and court costs assessed against said vehicle
for the violation which gave rise to the impoundment or immobilization
of the motor vehicle, including any outstanding warrants against such
vehicle, shall be returned to the owner of the vehicle, if his or
her name and address are known.
[Added 6-7-2018 by Ord.
No. 3384]
A.
Title. For reference purposes, this section shall be known as the
"Vehicles, Impoundment and Towing Ordinance" of the Township of Nutley.
B.
Purpose and intent. The purpose and intent of this section is to
provide criteria and standard operating procedures that are reasonable,
nonexclusionary and nondiscriminatory in the selection and use of
towing operators, on a rotational basis, in providing towing, road
services and towing of vehicles that are abandoned, disabled, illegally
parked, stolen, involved in accidents and/or suspected or identified
by the Township as being involved in criminal activities.
C.
BASIC TOWING SERVICE
CLASSIFICATION OF TOWING VEHICLES
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
DISABLED VEHICLE
HEAVY RECOVERY
IMPOUNDMENT
INSIDE SECURED STORAGE FACILITY
OUTSIDE SECURED STORAGE FACILITY
OWNER
PRINCIPAL PLACE OF OPERATION
TOWING OPERATOR
WINCHING
Definitions. As used in this section, the terms listed shall be defined
as follows:
The removal and transportation of a vehicle from a highway,
street or other public or private road, parking area, storage facility
or other area requested by the Township.
Light-duty.
Commercially manufactured chassis, rated capacity of not less
than 10,000 pounds GVWR;
Commercially manufactured lifting apparatus with a minimum capacity
of four tons;
Dual rear wheels;
Universal tow sling or wheel-lift or wheel lift with system
seven safety chains;
One snatch block, three-ton rating;
Proper safety lights;
Amber rotation emergency flashing light;
Two flood lights to the rear of the vehicle;
One motorcycle sling;
Two-way radio, cellular telephone, or other communications system
approved by the Chief of Police.
Heavy-duty.
Commercially manufactured chassis, rated capacity of not less
than 32,900 pounds GVWR;
Commercially manufactured lifting apparatus with a minimum capacity
of 35 tons;
Two snatch blocks, twelve-ton rating;
Air brake hook-up lines;
Tow sling or wheel-lift or under-reach with system seven safety
chains;
Proper safety lights;
Amber emergency flashing lights;
Two flood lights to the rear of the vehicle;
Two-way radio, cellular phone, or other communications system
approved by the Chief of Police.
A vehicle which has been abandoned or rendered inoperable
as a result of mechanical failure, or involvement in a motor vehicle
accident, or impounded pursuant to an investigation of criminal activity.
A vehicle, the location of which constitutes a hazard to the motoring
public, shall also be deemed disabled for the purpose of this section.
Services for overturned trucks, buses, tractor-trailers,
and heavy machinery.
The act of storage and confining a vehicle upon an order
of the Police Department at either the towing operator's storage area
or a Township facility as a result of abandonment, forfeiture, involvement
in an accident, or suspected criminal activity.
A vehicle storage facility that is completely indoors, is
secured by a locking device, and of sufficient size to accommodate
two full-size motor vehicles.
A vehicle storage facility with a minimum capacity of 30
medium-sized vehicles that is not completely indoors and that is secured
by a fence, wall or other man-made barriers that are at least six
feet in height and is protected with on-site security or an alarm
system. Outside storage facilities shall also maintain adequate lighting
to protect stored vehicles from vandalism.
The person, firm, corporation or partnership who owns and/or
operates a vehicle on the roads and highways in the Township of Nutley,
which vehicle, by reason of being disabled or being abandoned on the
roads and highways of the Township requires towing and/or storage.
Includes, but is not limited to, storage facilities in accordance with Subsection F(3) and an office which is of sufficient size and is equipped to facilitate the towing operator's performance of its obligation pursuant to this section and any contract entered into pursuant hereto with the Township.
A person, firm, corporation or partnership engaged in the
business in providing towing, road and storage services for vehicles.
Moving a vehicle by use of the cable or winch from a position
that is not accessible for direct hookup by conventional means of
loading onto a tow vehicle. It shall not include pulling a motor vehicle
onto a tilt bed or car carrier or lifting a vehicle with a conventional
tow sling or wheel lift.
D.
Administration of section. The Chief of Police and the Director of
Public Safety are hereby designated to administer and enforce all
provisions of the "Towing, Road Service, and Storage of Vehicles Ordinance."
E.
Qualification criteria and application procedures for emergency towing
and road service.
(1)
It shall be the responsibility of the Director of Public Safety to
approve all applications for towing operators to be utilized on a
rotational basis for the purpose of providing emergency towing, road
and storage services to the owners of motor vehicles utilizing Township
roads when he determines that the following requirements have been
met by the applicant. On application forms, prepared by the Township,
and provided by the Township Clerk, all towing operators shall submit
written documentation that they are in compliance with the qualification
requirements set forth below:
(a)
Submission of certificates of insurance. All towing operators
shall submit a current certificate of insurance and maintain a current
certificate on file with the Township. This shall be submitted to
the Director of Public Safety, and filed with the Township Clerk,
and shall name the Township as an additional insured. Failure to have
a current certificate on file shall result in the towing operator's
company being removed from the rotational list and reapplication shall
be required. The certificate shall provide the evidence that the towing
operator carries the following insurance coverage:
[1]
Comprehensive general liability. Coverage in minimum limits
of $5,000,000 for bodily injury, per person and $500,000 for property
damage.
[2]
Automobile liability. Coverage in minimum limits of $5,000,000
per accidental occurrence and in the aggregate for bodily injury and
property damage. This insurance must also include adequate coverage
to protect the owners of private vehicles that are in the care, custody
and control of the towing operator. Said coverage must provide at
least $100,000 in minimum coverage for any damages of losses arising
out of theft of vehicle contents, the theft of vehicle itself, or
due to fire or explosion.
[3]
Excess liability (umbrella form). A minimum of $5,000,000 for
bodily injury, per person and property damage combined.
[4]
Worker's compensation. Coverage A: statutory. Coverage B: $100,000
for each accident with a $500,000 policy limit and $100,000 for each
employee.
(2)
The towing operators agree that they shall defend, indemnify, and
hold harmlessly the Township from and against any and all claims,
suits, judgments and demands whatsoever, including, without limitation,
cost, litigation expense, counsel fees, and liabilities with respect
to injury or to death of any person or persons whatsoever, or damage
to property of any kind by whomever owned, arising out of, or cause
or claim to have been caused in whole or in part by the negligent
acts or omissions of the towing operators, or any other person directly
or indirectly employed by the towing operators, while in the performance
of rendering any service pursuant to the scope of this section.
(3)
The towing operator shall not hold the Township liable for any and
all fees for any towed or stored vehicles which are unclaimed or abandoned
on the towing operator's facilities.
(4)
The towing operator shall provide towing services, which include,
but are not limited to, towing and roadside assistance, for all Township
police vehicles, at no cost to the Township, on a twenty-four-hour
basis.
(5)
The towing operator must submit proof, within 20 days of approval
of towing rotation, that they can supply the Township with an "E-trak"
or similar equivalent computer software package which is compatible
with the Police Department's management and records software which
provides automated towing and storage records. The towing operator
may provide, with the approval of the Director of Public Safety, a
separate computer which is compatible and can communicate with the
towing operator's computer system for automated storage and towing
records retrieval by the Records, Traffic or Bureau and Director of
Public Safety. This software or computer shall be provided at no cost
to the Township.
F.
Minimum standards governing operator performance.
(1)
Any person, firm, corporation or partnership operating a towing and
storage business shall maintain a principal place of operation within
two miles of the Township. In maintaining a principal place of operation,
any person, firm, corporation or partnership operating a towing and
storage business shall conform with all of the Township's zoning,
land use, and property maintenance codes. Failure to comply with the
Township's zoning, land use, development, and property maintenance
codes shall subject an operator to suspension from the rotational
duty service list upon request to the Director of Public Safety.
(2)
Nothing herein shall preclude a towing operator from storing its towing vehicles and equipment at another location outside the boundaries of the Township, provided it has exhausted all of its available space within the Township. The minimum required towing apparatus shall be maintained within the required distance of Township of Nutley as stated in Subsection F(1), conforming to all state laws, local ordinances, and zoning regulations.
(3)
All towing operators shall have a storage facility. The storage facilities shall be lighted, fenced and/or secured in order to guarantee the safe storage of all vehicles in accordance with minimum requirements for indoor and outdoor, secured and unsecured storage facilities as defined under Subsection C of this section.
(4)
In addition to other equipment which is necessary for the safe performance
of towing, emergency road and storage services, all towing operators
must own and have available at least two or more wheel lift wreckers,
two or more flatbed tow trucks, and two or more heavy-duty hydraulic
tow trucks.
(5)
All towing operators' tow trucks must be equipped with either two-way
radio and/or mobile cellular phone or other communications system
equipment, licensed by the Federal Communications Commission (when
necessary), approved by the Chief of Police. Said communications equipment
shall also be operational at their principal place of business, including
their garage and/or storage facilities to ensure the proper availability
of services and equipment on behalf of the Township motorists.
(6)
All towing operators' tow trucks must be equipped with brooms, shovels
and other street sweeping equipment for clearing debris off roadways.
The towing operator shall, at the time of removing any motor vehicle
and in response to a police request, remove from the public or private
roads or highways, any motor vehicle debris or materials in the area
surrounding the vehicle, except for any debris or materials in the
area which may be hazardous and requiring specialized removal such
as oil, gasoline, kerosene or other petroleum or chemical products.
Charges to the vehicle owner shall not exceed the maximum fees listed
within this section.
(7)
The towing operators' tow trucks and all other motor vehicles shall
be properly licensed and registered with the New Jersey Division of
Motor Vehicles. All towing operators' tow trucks shall display New
Jersey commercial towing or apportioned license plates, and required
towing permits issued by the Division of Motor Vehicles.
(8)
All towing operators shall have facilities and equipment that will
ensure and guarantee the furnishing of prompt and efficient services
for all vehicles.
(9)
The towing operator's company name, address and telephone number
shall be prominently and permanently displayed on both sides of all
tow trucks and other towing vehicles.
(10)
The towing operator shall employ a sufficient number of employees
to comply with the minimum operational requirements.
(a)
No person shall be employed by the towing operator for this
section unless he has first obtained a fingerprint record check by
Morpho Trak, paid for by the towing operator, and has been approved
by the Chief of Police.
(b)
All drivers of the towing operator shall be over the age of
18 years and must have a valid, current New Jersey State Driver's
license, appropriate for the class tow vehicle being operated, and
shall be in good health and of high moral character.
(c)
The towing operator shall submit to the Police Department names,
addresses and the driver's license numbers of all proposed drivers
and employees who will be rendering services under this section. No
driver or employee shall perform services under this section, unless
previously listed by the towing operator, to the Township. Failure
to submit this shall subject said towing operator to immediate disqualification.
(d)
All employees of the towing operator shall wear uniform clothing
with a name patch indicating the employee's first name and the name
of the towing company. All employees shall be clean, neat and make
a good appearance.
(e)
The towing operator agrees that the owner(s) or officers of
the company shall be responsible for the negligent acts of the employees
while acting pursuant to this section.
(11)
All towing operators selected to serve on a rotational basis
must guarantee to the Township the availability of all services to
be provided seven days a week, 24 hours a day. In this respect, a
towing operator shall immediately respond to any type of towing, emergency
road service, or storage call with the appropriate vehicle and/or
equipment within 20 minutes after receipt of telephone notification
from the Township Police Department. Unless heavy or unusual traffic
conditions or inclement weather within the Township prevents a towing
operator from arriving at the scene within 20 minutes, failure to
respond within this time frame shall be considered a violation of
this section. Upon such violation, the Township shall have the right
to contact the next available towing operator from the rotational
list.
(12)
The Township of Nutley reserves the right to contact other towing
services operators who may not be on the rotational list, within the
sole discretion of the Director of Public Safety in the event of emergency,
disaster, or unavailability of towing operators on the rotational
list. Failure to respond within the prescribed time to three consecutive
calls shall result in suspension from the rotational list for up to
60 calendar days.
(13)
The owner, or in the absence of the owner, the driver of the
vehicle involved in an accident shall have the right to designate
a towing operator of his/her choice. If the vehicle to be towed is
situated in a dangerous position in the roadway, and the towing company
selected has not responded within 20 minutes from the time the driver
is notified of this right, the Township reserves the right to contact
the rotational towing company. If the police officer on the scene
determines that immediate removal is a necessity for public safety,
the driver or owner of the vehicle shall not have the right to designate
a towing operator of his choice.
(14)
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 to cross the median.
(15)
A towing operator shall not permit a vehicle to be removed from
the site of a motor vehicle accident, the scene of a crime, or any
other instance or situation without the prior approval and permission
of the police officer in charge at the scene. A towing operator shall
not place or remove any items from a vehicle, which is involved in
a motor vehicle or criminal investigation without the expressed approval
from the police officer in charge on the scene.
(16)
During a Township, county, or state declared snow, rain, or
flood emergency, the towing operator shall have available, within
one hour of such request, a minimum of five light-duty tow trucks
to assist the Police Department to move, tow vehicles or otherwise
clear the streets, where needed.
(17)
The towing operator shall release a towed vehicle after the
owner obtains the proper tow form releasing the vehicle from the Township
impoundment, from the Vehicle Impound Department of the Township Police
Department, and paying the authorized towing and storage fees. Releases
from the towing operator shall be available Monday through Friday
8:00 a.m. to 5:00 p.m., including Township holidays.
G.
Establishment of annual towing operators' rotational list.
(1)
Following the review of the applications by the Chief of Police,
and upon the Commissioner's approval thereof, a towing operators list
will be maintained and updated annually by the Police Department.
It shall be the responsibility of the Director of Public Safety to
establish a towing operators' rotational duty service list. The Police
Department shall call the towing operators in accordance with the
rotational duty service list as set forth by the Chief of Police.
The Police Department shall have the right to call the next towing
operator on the list should a towing operator fail to respond to a
call within 20 minutes or if the first operator called cannot be reached
by telephone or advises that he is unable to respond.
(2)
Weekly, the towing operator shall submit to the Vehicle Impound Department
original copies of released tow sheets and copies of all corresponding
towing bills showing itemized charges paid by the party taking possession
of said towed/impounded vehicle and shall have the person's name,
address, telephone number, and signature on said bill and copy. Each
approved towing operator shall, periodically or upon request submit
a report of unclaimed vehicles remaining in their possession as of
the date of the report.
(3)
The towing operator shall forward to the Vehicle Impound Department
Bureau Commander a list of all vehicles towed under this section at
the beginning of every month since the previous forwarded list.
(4)
The Nutley Police Vehicle Impound Department shall pay the cost of
preparing, sending registered letters regarding the abandoned car
auctions, administrative paperwork for junk/salvage/clear titles with
the NJMVC, and the initial tow release letter explaining criteria
required for release. Where so authorized by the Chief of Police,
the towing operator may request conventional titles on vehicles, which
are resalable and roadworthy. Requests to seek conventional titles
must be submitted, in writing, to the Chief of Police.
(5)
The Township shall conduct auctions of unclaimed vehicles on a timely
basis as prescribed by law.
H.
Supervision of towing operators' services.
(1)
The Chief of Police is hereby authorized to establish reasonable
rules and regulations for supervision, inspection and safe operation
of tow trucks, wreckers, and other related vehicles and equipment
in accordance with the standards outlined in this section. The Vehicle
Impound Department shall have the right, at all times, to inspect
all towing vehicles and related equipment which perform services pursuant
to this section.
(2)
At any time, should the Vehicle Impound Department determine that
any vehicle being utilized is unsafe, he shall direct the immediate
correction of the condition or direct that a substitute vehicle be
provided immediately.
I.
Suspension and removal for noncompliance.
(1)
The Chief of Police shall have the authority to suspend a towing
operator from the rotational duty service list for a period up to
60 calendar days for failure to comply with any section of this section.
A subsequent violation shall result in the removal of the towing operator
from the rotational duty service list for a period up to 36 months.
A towing operator so affected may appeal the decision of the Chief
of Police as to either a suspension or a removal. In such cases, an
appeal shall be filed with the Director of Public Safety within 10
business days of the suspension/removal decision. The operator, Chief,
and such witnesses that may be called shall be afforded an opportunity
to be heard by the Director of Public Safety who shall render his
determination within 20 business days following the conclusion of
the hearing. The Director of Public Safety's determination, as rendered,
shall be final and conclusive.
(2)
Failure to comply with the zoning, land use, and property maintenance codes of the Township shall also subject a towing operator to suspension from the rotational duty service list. Any towing operator suspended from the rotational duty service list for any violation of the Township's zoning, land use and development and/or property maintenance codes shall have the right to appeal as set forth in Subsection I(1) above.
J.
Violations and penalties.
(1)
Any person, firm or corporation who violates any of the provisions
of this section shall, upon conviction, be subject to a fine not exceeding
$1,000 and/or to imprisonment for a term not exceeding 90 days or
both. Every violation of this section, or every day that any violation
shall be permitted to continue shall be construed as a separate and
distinct violation hereof. The Police Department is designated as
the enforcement agency for this section.
K.
Towing and storage fee schedule.
(1)
The Township shall from time to time adopt and/or amend the towing
and storage fee schedule, which shall set forth the maximum permitted
fees that shall be charged for towing and/or storage of passenger
automobiles or other vehicles by towing operators on the rotational
list. Towing operators transporting multiple passenger cars at one
time shall receive the applicable fees for the number of vehicles
transported. The fee rates for towing and storage are located at the
end of this section. The towing rates shall apply to within 1 1/2
mile of the Township boundaries. The towing operator may charge an
additional towing fee to the standard rates, listed, of $2 per mile,
outside the Township boundaries.
(2)
It shall be the responsibility of all towing operators to provide
all motorists utilizing the towing operator's services with a written
schedule of fees, which lists in full all fees, to be charged for
towing, storage, and road service. Towing operators shall not exceed
the maximum charges set forth on the towing and storage fee schedule
for vehicles regulated under the provisions of this section.
(3)
The towing and storage fee schedule of all towing operators serving
the Township of Nutley shall be filed with the Township Clerk, Director
of Public Safety, and Chief of Police within 10 days of notification
of approval, and shall be made available to any citizen upon request.
The fee schedule shall be made available at the Nutley Public Safety
Building, 228 Chestnut Street, Nutley, Monday through Friday, except
Township holidays, between the hours of 8:30 a.m. and 4:00 p.m.
(4)
The fees set forth for storage are the maximum storage charges per
calendar day period that shall apply to a vehicle that is stored as
a result of accidents, abandoned vehicles, repairs, emergencies or
suspected criminal activities.
(5)
The fees set forth shall be exclusive of any other repair service
costs provided by the towing operator, including, but not limited
to, such activities as repairing flat tires or installing new and/or
spare parts to a disabled vehicle. The towing operator shall be permitted
to charge an additional fee based on the prevailing hourly labor rates
and charges for parts or materials. Wherever applicable, it shall
be the responsibility of the towing operator to first inform the owner
of the vehicle the hourly labor rates and the estimated total cost
for parts and/or materials. Wherever applicable, it shall be the responsibility
of the towing operator to first inform the owner of the vehicle of
the hourly labor rates and the estimated total cost for parts and/or
materials prior to the performance of road repair services. The towing
operator shall inform the owner that any repair services be performed
by it for the owner are not sanctioned by the Township or the Township
Police Department. The towing operator shall secure the signature
of the owner of the vehicle on a form to be provided by the Township
which shall advise the owner that any repairs provided by the towing
operator are not sanctioned by the Township or the Township Police
Department. The towing operator shall have the owner sign the form
provided prior to the commencement of any repair work. A copy of the
form shall be filed with the Township Police Department. Failure to
obtain the signature of the owner, by the towing operator, prior to
the commencement of any repair work, shall result in the suspension
or removal of the towing operator.
(6)
In the event that use of the heavy-duty tow truck is required, the
maximum fee permitted for heavy-duty towing services shall not exceed
$300 an hour plus $3.50 a mile at any time and on any day. Use of
a heavy-duty tow truck shall, in each instance, be recommended by
the towing operator and approved by the Township Police Department.
(7)
As used in Subsection K, Towing and Storage Fee Schedule, the term "heavy recovery" is defined as services for overturned trucks, buses, tractor-trailers, and heavy machinery.
(8)
A one-time fee of $40 may be charged in the case of totally wrecked
vehicles, which need to be relocated within the storage lot, when
access to said vehicle by a salvage company who purchased said vehicle
is needed to remove that vehicle from the storage lot.
(9)
Fee schedule.
[Amended 6-16-2020 by Ord. No. 3441; 12-1-2020 by Ord. No. 3463]
|
Towing and Storage Fee Schedule
| |
|---|---|
|
Service Provided
|
Fee
|
|
Flatbed tow
|
$100
|
|
Wheel lift tow
|
$100
|
|
Road service
|
$75
|
|
Snow/rain or flood emergency tow (non-heavy-duty)
|
$100
|
|
Outside storage
|
$30 per day
|
|
Inside storage
|
$40 per day
|
|
Yard fee
|
$40
|
|
Pin pulls and drivetrain reconnection
|
$25
|
|
Winching fees
|
Not to exceed $125
|
|
Cleanup fees
|
Not to exceed $75
|
|
Heavy recovery (Minimum two hours per task)
|
$350 per hour per unit
|
|
$175 per hour per equipment truck
| |
|
$500 per hour per heavy-duty air cushion recovery unit
| |
|
$75 per hour forklift service
| |
|
$250 per hour lowboy landall trailer service
| |
