City of Hackensack, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Hackensack 6-9-2015 by Ord. No. 08-2015[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and storage yards — See Ch. 104.
Parking on private property — See Ch. 127.
Abandoned vehicles and property — See Ch. 168.
Vehicles and traffic — See Ch. 170.
[1]
Editor’s Note: This ordinance also repealed former Ch. 159, Towers and Wreckers, adopted 9-2-2008 by Ord. No. 16-2008, as amended.

§ 159-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCIDENT
An occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the licensed owner or operator of the motor vehicle even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the licensed owner or operator of the motor vehicle.
AUTOMOBILE
A motor vehicle of a private passenger or station wagon type that is owned or leased and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body, or delivery sedan, a van or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual or husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the owner(s).
CALENDAR YEAR
The period of time beginning January 1 and ending December 31 of any given year.
DEBRIS
Any fragments at the scene of a towing assignment for which the removal will require no additional personnel or special equipment, i.e., broken glass, vehicle parts, or other items.
GVWR
Gross vehicle weight rating.
HEAVY-DUTY TOW VEHICLE
A vehicle specifically designed to tow, transport or otherwise move motor vehicles, with a twenty-five-ton capacity including an underreach capability with a tow rating of 80,000 pounds and equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or underreach equipment, as hereinafter defined.
INSIDE BUILDING
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.
LAND ALL TRAILER
Detachable trailer capable of hauling vehicles, machinery and/or equipment, commonly referred to as "low-boy."
OFFICIAL TOWER
A person or company licensed by the City to tow and/or store vehicles on behalf of the City.
OUTSIDE SECURED STORAGE AREA (OSSA)
An automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six feet high and is installed with a locked gate. The facility is to be lighted at night.
PERMANENTLY AFFIXED
Attached to or placed directly on the vehicle in such a manner as such cannot be removed or repositioned.
SPECIAL RECOVERY SERVICES
Constitutes any action that is not normally associated with roadside towing, e.g., winching, righting overturned vehicles or other services required when a vehicle will not roll on its own wheels.
SPILLAGE
The release of vehicle cargo or contents where the removal may require the use of extra personnel and/or specialized equipment.
STORAGE AREA
Inside building and/or outside secured storage area.
TOW VEHICLE
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.

§ 159-2 Licensing and identification of official towers.

A. 
The City may license persons or companies meeting the criteria set forth in this chapter and engaged in the business of or offering the services of motor vehicle towing, wrecking or storage, whereby damaged, disabled and/or impounded motor vehicles are towed or otherwise removed from the place where they are damaged, disabled, and/or impounded by use of a tow vehicle, as defined herein. Such person(s) or company shall be known as an "official tower."
B. 
Official towers shall be identified by means of a license, which shall be issued by the City as hereinafter provided.
C. 
Persons or companies engaged in the business of private towing services are not required to obtain a license. Private towing service providers are not governed by this chapter, and services provided are negotiated with the party requesting same.

§ 159-3 Services to be furnished; possession of special equipment.

A. 
The official tower shall furnish adequate and proper towing, wrecking, storage and emergency repair service to damaged or disabled motor vehicles within the limits of the City when requested to do so by the Police Director or his designee. The official tower shall be available to render service 24 hours per day, seven days per week. It is required that a tow vehicle be on the site of the event within 15 minutes of the time of the call from the Police Director or his designee.
B. 
In the event that a disabled vehicle requires special towing equipment and the Official Tower does not possess such equipment, then the Police Director or his designee shall select the next official tower in the rotation list who does possess the necessary special equipment to tow such disabled, damaged and/or impounded vehicle. No official tower shall subcontract or assign any work that is to be performed by the official tower under the provisions of this chapter.

§ 159-4 Application for official tower license.

A. 
Application for an official tower license shall be made to the City upon a form provided by the Police Department and shall contain all of the following information:
[Amended 11-23-2015 by Ord. No. 61-2015]
(1) 
The name, business address, telephone number and federal tax identification number (where applicable). When the official tower is owned and operated by an individual, the name, social security number, residential and business addresses and telephone number(s) of such individual shall be provided. When the official tower is a corporation or partnership, the application shall contain the names, residences, telephone numbers, date of birth and social security number of all persons owning any interest in the official tower.
(2) 
In the event that the official tower is conducting business operating under a trade or business name, the applicant shall submit a certificate of such name as proof that such name has been appropriately filed with the County Clerk's Office of Bergen County and/or with the Secretary of State of the State of New Jersey.
(3) 
Any such information as may be required by the City concerning the personnel, vehicles, equipment and storage facilities of such applicant, as hereinafter provided, showing that the applicant meets the minimum standards of performance. This includes, but is not limited to, the street address of the applicant's storage areas, including a description of size and capacity; the address where the towers will be regularly garaged; and the telephone number(s) of the applicant such that contact will be available on a twenty-four-hour-per-day basis.
(4) 
A certificate or certificates of insurance evidencing adequate insurance coverage as hereinafter provided.
(5) 
A fee of $500 to cover the administrative expenses incurred by the City in processing the application.
(6) 
The names and addresses of two business references not in the employ of the City who have known the applicant for at least two years and who can attest to the applicant's experience and performance in the towing, wrecking and storage business.
(7) 
A list of all towing vehicles, including the make and model number, year of vehicle and vehicle identification number (VIN) and any and all other information that the City Council may deem necessary. No vehicle may be listed on more than one application, nor can there be a transfer of vehicles between towers.
(8) 
A complete list, including dates of service, of all other municipalities, state agencies and/or governmental entities that the applicant is, or has been, an official tower of or held a towing permit from. No person applying individually shall be eligible for approval or appointment as an Official Tower of the City unless that person shall have been an official municipal tower with a minimum of three years' experience in municipal towing in any municipality of the State of New Jersey including a minimum of one year's experience in municipal towing in any municipality in the County of Bergen, State of New Jersey. No corporation or partnership shall be eligible for approval or appointment as an official tower of the City unless that business entity shall have been an official municipal tower with a minimum of three years' experience in municipal towing in any municipality of the State of New Jersey including a minimum of one year's experience in municipal towing in any municipality in the County of Bergen, State of New Jersey.
(9) 
A complete list of all actions taken against the applicant by a governmental entity for the applicant's alleged violation of any towing ordinance or regulation while towing as a licensed or permitted tower for that governmental entity. If the applicant's towing license or permit has been revoked, suspended or denied, the applicant shall list each time, what governmental entity was involved and a brief description of the event(s) that led up to the revocation, suspension and/or denial of a towing license or permit.
(10) 
Certification that the applicant will be able to provide towing services anywhere in the City within a maximum response time of 15 minutes.
(11) 
Certification storage areas and services comply with this chapter.
(12) 
Certification of consent appointing the City Clerk as the applicant's true and lawful attorney for the purpose of accepting and acknowledging service of legal process by any court of competent jurisdiction against the applicant.
(13) 
A completed "voluntary consent to conduct a background investigation authorization for release of information" form or such other forms that may be used for the purpose of performing a criminal background investigation of the applicant.
B. 
No license shall be granted to a tower unless and until the tower seeking the license has appointed the City Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.
C. 
Suspension or revocation of a license, and/or the prior denial of an application affecting the applicant, from this municipality or any county or state agency granting such license may be cause for denial of a license under this chapter.
D. 
Upon receipt of a completed application, the Police Director or his designee shall review and make a recommendation. The review by the Police Director or his designee shall consist of the following: an inspection of the personnel, vehicles, equipment and storage areas proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with applicable laws and regulations and the standards of performance required by this chapter.
E. 
An applicant may be included on the official towers list by an official action of the City Council, by resolution adopted at a regular public meeting, when, from a consideration of the application and from such other information as may be obtained, the City Council finds that all of the following circumstances exist:
(1) 
The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this chapter.
(2) 
The applicant has met the standards in this chapter and has furnished the required hold-harmless agreement and certificate(s) of insurance.
(3) 
The application has been reviewed and the Police Director or his designee has submitted a favorable report.
(4) 
Neither the applicant nor the applicant's personnel have been convicted of a criminal offense or have had their driver's license suspended within the past year.
F. 
The Police Director or his designee shall conduct his or her review and render a report to the City Council recommending either the approval or denial of the application within 28 days of receipt of the application. The City Council shall take action with regard to the report of the Police Director within 30 days or at the next public meeting of the City Council, whichever is later. The applicant or its representative shall be given notice of the date on which the City Council will consider the application and shall be permitted to appear and be heard at that time.
G. 
Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the City Council.
H. 
Where an application is denied, the applicant may request a hearing by the service of notice on the City Clerk requesting same. The City Council shall set a hearing date, which shall be no less than seven days and not more than 30 days from the date of the notice.

§ 159-5 Issuance of license.

A. 
Upon approval of the application as herein provided, the Police Director or his designee shall issue for the applicant an official tower's license for each tow vehicle or flatbed vehicle to be utilized in providing services pursuant to this chapter by submitting said licenses to the Police Director or designee for issuance to the official tower(s).
B. 
Said licenses shall be in a form so approved by the City Council, and shall be displayed on the tow vehicle or flatbed vehicle at all times.
C. 
Expiration; renewal; revocation.
(1) 
Each official tower's license shall run for a term of three calendar years and expire on December 31 of the third calendar year.
(2) 
Each applicant for an official tower's license or renewal thereof shall apply for such license on or before November 15 of the calendar year immediately preceding the next three-year term. For example, prior to the three-year term commencing January 1, 2018, all applications must be received on or before November 15, 2017. All applications received before November 15 of the calendar year preceding the next term, whether for a newly issued or renewed license, will be granted, if appropriate, for the next succeeding three-year term. No license shall be issued for less than three full calendar years nor should a license be issued at any other time than the period set forth above, subject to the following exception: for the three-year term beginning in calendar year 2015, the first calendar year shall be July 1 to December 31, 2015, and the term shall conclude on December 31, 2017. The license shall not be transferable or assigned.
(3) 
Each official tower shall submit annual updated paperwork as required by the Police Director or his designee to ensure continued compliance with the requirements contained in this chapter on or before November 15 of the calendar year prior to the second and third calendar years of any three-year term. Official towers shall submit therewith a fee of $500 to cover the administrative expenses incurred by the City in processing the updated paperwork. Failure to timely submit such paperwork and accompanying fee shall be cause for suspension of the license until such time as the paperwork is submitted, review thereof is concluded, and it is determined that the official tower remains in compliance with the terms of this chapter.
(4) 
Each official tower's license may be subject to revocation by the City Council for any of the following reasons:
(a) 
If it is subsequently determined that the applicant knowingly and with intent to deceive made false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this chapter.
(b) 
Violation of any federal or state law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.
(c) 
Violation of any rule or regulation promulgated by the New Jersey Department of Insurance.
(d) 
Violation of any of the provisions of this chapter.
(5) 
Proceedings for the suspension or revocation of a license shall be initiated by the service of a notice of charges proffered against the licensee. Said notice shall be served by the Police Director or his designee, either personally or by certified mail, return receipt requested, and shall contain a date, time, and place for a hearing to be held by the City Council. Said hearing shall be scheduled no less than seven days and not more than 30 days after the notice of the proposed suspension or revocation shall be served upon the licensee. The licensee has the right to file an answer to the notice and to appear in person, or be represented by counsel, and give testimony at the place and time fixed for the hearing.
D. 
Upon the expiration of an official tower's license, the applicant, prior to performing any service thereafter, shall refile completely for such official tower's license, setting forth all the information required in the form provided by the Police Director or his designee and complying with the provisions of this chapter.

§ 159-6 Minimum standards of performance.

To qualify for inclusion on the list of official towers, applicants must meet the following minimum standards:
A. 
Minimum vehicle requirements.
(1) 
Every official tower shall maintain and have available to render services required by this chapter a minimum of four vehicles that include at least: one regular tow vehicle with wheel lift; one flatbed vehicle; one medium-duty towing vehicle of at least 15,000 pounds gross vehicle weight; and one heavy-duty towing vehicle with a twenty-five-ton capacity including an underreach capability with a tow rating of 80,000 pounds. In lieu of a medium-duty towing vehicle, the tower may substitute an additional heavy-duty towing vehicle in its place. Registration documents shall be shown to the City certifying registration is the same or better than the GVWR of the vehicle, as plated on the vehicle.
(2) 
Vehicle classes.
(a) 
Heavy-duty tow vehicles with a twenty-five-ton capacity including an underreach capability with a tow rating of 80,000 pounds.
(b) 
Flatbed vehicles must be equipped with a winch or hydraulically operated bed which slides or tilts to accommodate the transporting of vehicles.
B. 
Each applicant shall submit, along with its application, proof of ownership or lease of the vehicles, which will be utilized to provide services pursuant to this chapter. The provisions of § 401-4A(7) of this chapter shall apply.
C. 
Minimum equipment requirements.
(1) 
Every tow vehicle or flatbed vehicle shall have two-way radio or cellular phone capability with a dispatching center on a twenty-four-hour basis.
(2) 
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a) 
At least one amber rotating beacon or strobe light mounted on the highest practical location on the vehicles, visible from 360° when in use and visible at a minimum distance of 500 feet during daylight hours. An amber light permit, as required by the state, must be filed in the office of the Police Director.
(b) 
Safety tow lights or magnetic tow lights for towing vehicles at night, amber or red colored.
(c) 
Extra chains and cable for pulling or securing a towed vehicle.
(d) 
At least one heavy-duty broom, a shovel, a crowbar or prybar, a set of jumper cables, a flashlight, one two-pound or larger fire extinguisher of dry chemical type, one dozen flares or similar warning devices for placement at the scene of an accident or behind a disabled vehicle, at least 10 pounds of dry sand or a drying compound for gasoline and oil spilled on the roadway and containers for removal thereof and a sufficient quantity and types of tools to enable the tow vehicle operator to perform proper and adequate emergency repair services for the tow.
(3) 
Every tow vehicle or flatbed vehicle shall comply with any and all state, federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and shall be subject to inspection by the Police Director or his designee at any time. Where applicable, all permits required by other agencies than the City shall be provided to the City upon request of the City.
(4) 
Every tow vehicle or flatbed vehicle shall have the name of the official tower, by a permanently affixed or painted sign prominently displayed on the vehicle in such manner so as to conform to the provisions of N.J.S.A. 39:4-46. Such demarcations shall be placed on the outside door panels of the vehicle. The sign shall be at least three inches in height and diameter and be visible to the naked eye, and the names must be the same on both panels.
(5) 
Every tow vehicle or flatbed vehicle shall display valid tow truck license plates or markers so as to conform to the provisions of N.J.S.A. 39:3-84.11.
D. 
Notice, reporting, and record keeping requirements.
(1) 
The official tower shall maintain a written schedule of all rates and charges, in compliance with this chapter, and make such schedule available when requested and have conspicuously displayed at the place of business, either painted or permanently affixed, a schedule of maximum towing charges and storage charges permitted by this chapter. Business hours shall be posted. Whenever practicable, the owner or driver of any vehicle utilizing towing service shall be given a copy of a full statement of rates at the time that the towing services are rendered. In any event, a full schedule of rates shall be annexed to each bill for towing service.
(2) 
Within 14 calendar days of the expiration of each rotation period, the official tower shall submit to the City Finance Department a copy of all of the invoices for services rendered to any owner or operator of a damaged or disabled vehicle on a form of invoice provided by the City. In the absence of a City form, the official tower will submit the bills which state: the name and address of the person towed; the make and model of the vehicle towed; plate number; and the in date of the tow and the out date of the tow. Only fees applicable in this chapter shall appear on said invoice, and there shall be only one invoice per vehicle towed.
(3) 
The official tower shall provide the Police Department with the following information, free of charge, on vehicles unclaimed over 30 days: year, make, color and vehicle identification number; owner's name and address; copy of a certified letter advising the owner of the vehicle's whereabouts; photograph of vehicle; any other items or information deemed necessary by the Police Department concerning any vehicle.
(4) 
The official tower shall maintain a record in a bound volume of all towing and wrecking jobs handled, on public or private property, the name of the owner or operator involved, the charge made for the service, and the date and amount of payment. The tower will also provide a three-part receipt book. The receipts will be issued as follows:
(a) 
The original shall be issued to the vehicle owner upon completion of payment of charges.
(b) 
Hackensack Police Department, to be forwarded to the Traffic Division within 14 days after payment for services by the customer.
(c) 
Tower's copy, to be kept on file at the tower's business as a record of transaction.
(5) 
The official tower shall maintain an up to date record of all information requested for the application and shall make this information available to the Police Department upon request.
(6) 
Each official tower shall keep and maintain adequate and complete records showing all vehicles towed, stored and released, all services rendered and all fees charged and collected. All records shall be available for inspection by the City at any time during normal business hours. Records shall be kept and maintained by the official tower at one central location and shall be retained for a period of seven years. Records may be written, printed or computerized as long as the requirements of this subsection are met.
E. 
Minimum personnel requirements. Official towers shall have available, at all times, a minimum of two drivers to provide the services required by this chapter. All drivers employed by official towers to provide the services required by this chapter shall meet the following requirements and be subject to the following regulations. They shall:
(1) 
Provide a prompt, courteous response to each call.
(2) 
Be competent and able to provide minimum road services for disabled vehicles. This includes collecting and removing all debris at the accident site emanating from the accident.
(3) 
All drivers required to have a commercial driver's license (CDL) by the State of New Jersey and/or federal regulations are required to furnish such license for the purpose of this chapter. Results of these tests must be promptly reported to the Police Director or his designee for record-keeping.
(4) 
Obey all traffic laws and regulations.
(5) 
Not have been convicted of a crime within the past year.
(6) 
Wear uniform clothing with a name patch indicating the employee's first name and name of the contractor's company. All employees shall be clean and neat, and make a good appearance. All employees of the contractor shall carry photo identification badges.
F. 
Minimum storage requirements.
(1) 
Every official tower shall maintain an inside building and an OSSA located within City limits or at a distance no greater than two aerial miles from the intersection of Central Avenue and State Street in the City of Hackensack.
(a) 
All official towers must have sufficient storage area on their own premises to store towed vehicles at the licensed site. This area must be over and above the requirement that is in effect for requirement of parking for that site. No vertical stacking of vehicles is permitted. Each tow vehicle must be stored at the official tower's licensed site. Official towers cannot store vehicles on the thoroughfares of the City, whether under the auspices of the City, County of Bergen or State of New Jersey without City approval. Storage of vehicles on the thoroughfares of other municipalities wherein City towers are located is subject to the requirements of those municipalities.
(b) 
Vehicles removed at the direction of the City or based on the tower's role as an official tower must be removed to the tower's storage facility located within City limits or at a distance no greater than two aerial miles from the intersection of Central Avenue and State Street in the City of Hackensack.
(c) 
The OSSA shall be fenced with an acceptable screened material six feet in height. The fenced area shall be no less than 3,000 square feet in area. The OSSA shall have a suitable gate and be installed with a locking device or a similar on-site security measure. The facility is to be lighted at night.
(d) 
The storage area shall be in an area legally zoned for or legally nonconforming for such use; the certificate of occupancy is to be furnished with the application.
(e) 
The storage area shall be available from at least 8:00 a.m. until 4:30 p.m. Monday through Friday and from at least 8:00 a.m. to 1:00 p.m. on Saturday. The applicant shall prominently display the hours during which the facility will be open on weekends. The storage area must have a building with an office wherein a permanently installed telephone is located, as well as a customer waiting area and a restroom available for customer use. On the application for a towing license, the applicant shall list all business hours required pursuant to the subsection for the three-year term of the license in question, which shall not be changed during the three-year term.
(f) 
The official tower may charge an additional release fee of up to $60 or other charge for releasing vehicles to their owners after normal business hours or on weekends.
(g) 
The applicant shall, with its application, submit proof of ownership or lease of the storage area.
(h) 
The official tower shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this chapter. The official tower shall be liable for any damage incurred by such vehicles while in transit to or while stored in the storage areas.
(2) 
To ensure the timely release of a vehicle, the tower shall be prepared to release a vehicle to the owner/occupier of the vehicle no later than one hour from the vehicle's arrival at the tower's facility or within one hour of being contacted by the owner/occupier of the vehicle that he/she wishes to take possession of said vehicle during regular business hours.
(3) 
No storage of any disabled or damaged vehicle shall be located on any public street or sidewalk in the City.
G. 
Credit cards. All official towers must have the ability to receive credit card payment and will accept same for payment of all towing and storage services included, specifically or by reference, in this chapter. However, towers are not required to accept credit cards for impounded vehicles.

§ 159-7 Utilization of list of official towers.

A. 
Official towers shall be placed on the list in the order in which their application is approved and license issued. Once the initial list has been established, new official towers, when their applications have been approved, will be added to the end of that list.
B. 
The City shall request wrecking, towing and storage services from each official tower in rotation, with a weekly rotation period. When called, the tower shall advise the dispatcher if a vehicle is available and the estimated time of arrival. If no tower vehicle is available or if the response time will exceed 15 minutes, the next official tower on the list will be called for that job; this does not affect the rotation period. If none of the official towers are available or able to provide such services as are requested by the City, the City may request such services from any other available source. All requests shall be made by the Police Director or his designee.
C. 
The City shall request service only from official towers; provided, however, that if no emergency or road hazard exists, the Police Director or his designee shall request such service from such other person as the owner of the motor vehicle in need of such services may request, provided that the request is responded to within 15 minutes.
D. 
During adverse weather conditions, heavy traffic conditions or emergency conditions, official towers shall give priority to requests from the City over any other requests which may be received by the official towers.
E. 
The City shall pay the official tower for storage of removed vehicles pursuant to N.J.S.A. 40:48-2.50.

§ 159-8 Hold-harmless agreement.

[Amended 11-10-2015 by Ord. No. 57-2015]
Applicants shall agree, in writing, to insure, assume the defense of and indemnify and hold harmless the City, its elected officials, boards, commissions, officers, employees and agents from all suits, actions, damages or claims to which the City may be subjected of any kind and nature whatsoever resulting from, caused by, arising out of or as a consequence of the provision of towing, wrecking, storage and/or emergency services provided at the request of the City pursuant to this chapter. Official towers shall enter into a hold-harmless agreement in a form to be prepared by the City Attorney prior to being included in the official towers list.

§ 159-9 Insurance.

A. 
No person shall be included on the official towers list unless and until such person has provided to the City a certificate(s) of insurance on which the City is named as an additional insured evidencing that there is in effect the following insurance coverage.
[Amended 11-10-2015 by Ord. No. 57-2015]
(1) 
General property damages and liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 per aggregated general liability, including additional garagekeepers coverage, shall be primary as respects vehicles of others and shall include collision coverage.
(2) 
Garagekeeper's liability insurance in an amount not less than $500,000 per location shall be required. No deductible amounts are permitted. The words "no deductible" shall be included on the policy and/or certificate of insurance.
(3) 
Workers' compensation as required by law shall be required.
B. 
Policies of insurance shall be written by insurance companies authorized to do business in the State of New Jersey.
C. 
The City shall be named as an additional insured on all policies of insurance provided pursuant to this chapter. All certificates of insurance shall provide that the policies may not be canceled or terminated or coverage decreased without 30 days' written notice to the City. Such insurance shall be primary.
D. 
Policies of insurance required by this chapter shall be maintained in full force and effect at all times. In the event that any coverage is canceled or terminated or coverage decreased in amount, the tower shall be removed immediately from the official towers list until such time as the required coverage is reinstated or replaced.

§ 159-10 Towing and storage fee schedule.

A. 
No official towing operator licensed under this chapter may charge rates in excess of the following for towing, conveying, road service or storage of a motor vehicle.
B. 
Fee schedule.
(1) 
Private Passenger Vehicles (under 6,000 pounds.).
Towing
$125
Motorcycles
$125
Mileage outside City boundaries (within New Jersey)
$5
Road service
$60
Lock-out
$60
Storage
$40
Winching/recovery (per hour)
$150
If vehicle will not roll freely on/off flatbed (winch fee)
$75
Yard fee (as needed)
$65
(2) 
Vehicles from 6,001 pounds to 10,000 pounds.
Towing
$175
Road service
$75
Storage
$75
Winching/recovery (per hour)
$200
If vehicle will not roll freely on/off flatbed (winch fee)
$100
Yard fee (as needed)
$85
(3) 
Vehicles over 10,001 pounds.
Towing (per hour)
$400
Road service (minimum)
$100
Storage
$100
Winching/recovery (per hour/per truck)
$425
Yard fee for trucks
$165
(4) 
Additional fees.
Waiting time (after 30 minimum/in thirty-minute increments)/hour
$100
City administrative fee
$35
Crash wrap (front/rear)
$40
Crash wrap (per side)
$25
Speedy Dri
$15
Clean up of debris
$35
Additional personnel for recovery work (per hour/per person)
$85
Level 3 supervisor (as needed, per hour)
$90
Air line hook-up
$40
Remove draft shaft
$50
Air brake release
$90
C. 
Service charges. Vehicles are subject to the fee schedule set forth herein; however there shall be no charge for release of vehicle from storage facility.
D. 
Towing charges.
(1) 
Towing charges. See fee schedule set forth herein.
(2) 
The administrative fee shall be collected by the tower and remitted to the City within 30 days.
(3) 
If and in the event a tower responds to an accident, or other motorist difficulty, and the motorist requests that the tower bring the car to a location other than the tower's place of business, then the tower may charge an additional fee of $5 per mile, beyond the Hackensack City limits, subject to the limitations of § 159-10G. In no event shall the tower be required to tow the vehicle more than 10 miles out of the City limits, in a direct line and measurement, unless agreed upon by the tower.
(4) 
The base fee of $125 as prescribed by Subsection C(1)(a) is under the presumption that the car will be towed to the tower's lot.
(5) 
If and in the event a tow is required which must be performed under extraordinary circumstances as determined by the police personnel at the scene, then additional charges may be charged for services rendered.
E. 
Storage charge. There shall be no charge for storage for the first four hours. For remaining charges, see fee schedule herein.
F. 
Accident and abandonment charges; limitations.
(1) 
If and in the event a tower is summoned by the police and arrives at the scene of an accident, and the vehicle owner refuses to allow the vehicle to be towed by said tower, the towing company may charge a service fee of $35 which shall be paid by the owner or operator of the vehicle.
(2) 
When a vehicle is abandoned due to the death or incapacitation of the driver or any passenger, the towing official storing the vehicle shall charge the owner of record or the security interest holder no more than $100 for the first 72 hours after the vehicle is placed on the premises.
(3) 
Additional limitations may be imposed for abandoned vehicles pursuant to N.J.S.A. 39:10A-1.
G. 
Calculation of rates and fees.
(1) 
The towing mileage rates, where applicable, shall be calculated based on the total distance traveled from the site of pickup of the vehicle in question to the dropoff point, by way of the shortest available route. Fractions shall be rounded up to the nearest whole. The first seven miles shall not be subject to the mileage charge.
(2) 
Tow vehicles transporting multiple passenger cars at one time shall receive the applicable fees for each vehicle transported.
H. 
The fees set forth on the schedules set forth in this section contained for storage fees are the maximum storage charges per twenty-four-hour period that shall apply to all vehicles stored by an official tower.
I. 
Motorcycles and all other on/off-road vehicles shall be considered private passenger vehicles for purposes of determining fees which are allowed under this section. Any other objects not covered herein, which are towed by an official tower at the request of the City, shall be subject to fees as determined by the City Council.
J. 
The use of Speedy Dri shall be charged the rate of $15 per fifty-pound bag.
K. 
The fees set forth in Subsections B and C of this section shall be divided in half for vehicles owned and/or operated by the City or any of its agencies. The towing of and special recovery services provided to any of the City's vehicles shall be provided by the official tower at a rate of 50% of the costs set forth in this chapter.

§ 159-11 Miscellaneous provisions.

A. 
Copies of this chapter and the schedule of fees that may be charged by official towers shall be made available to the public during normal business hours at City Hall. Copies shall also be made available to the public at each official tower's place of business.
B. 
All official towers shall post, in a prominent place at each storage area clearly visible to the public, a schedule of fees that may be charged for all services, provided that the same is pursuant to this chapter.
C. 
The City reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all official towers.
D. 
The relationship between an official tower and the City is one of an independent contractor. Neither party shall be construed in any manner whatsoever to be an employee of the other, nor shall any employee or agent furnished by any party be construed to be an employee or agent of the other party. Inclusion on the official towers list shall not be construed or considered as a joint venture, partnership, association, contract of employment or profit-sharing agreement.
E. 
The City shall not be liable or responsible for compensating the official towers for any of the services performed under this chapter unless those services are performed for City vehicles or as provided in § 159-7E. All other compensation shall be the responsibility of the owner of the towed motor vehicle and the official tower shall proceed directly against the owner.
F. 
The official tower shall, at all times, be solely responsible for the conduct of its employees.
G. 
All complaints and disputes arising from the towing and storage of motor vehicles required by the City without the consent of the owner must be directed to the City Council and Police Department.

§ 159-12 Enforcement agency; suspension or revocation of license.

A. 
The Hackensack Police Department shall be the enforcement agency. The enforcement agency shall have the authority to hear complaints against any official tower whether brought by City representatives, the public and/or other official towers.
B. 
In the event that a complaint (of a noncriminal nature) is received by the City, involving the improper or unsatisfactory performance of services by an official tower, excessive charges or damage to a motor vehicle while in the custody of the tower, the enforcement agency shall give written notice of said complaint, by certified mail, return receipt requested to the official tower against whom the complaint is made. The official tower shall make a written response to such complaint within five calendar days from receipt of the written notice.
C. 
The enforcement agency after reviewing the complaint and any written response shall have the authority to suspend the official tower's license until the next rotation. Any contestation of such action by the enforcement agency shall be made by way of appeal to the City Council within 14 calendar days of the notice of said suspension. The City Council shall then conduct a hearing regarding the appeal of the suspension at the next public Council meeting or within 30 calendar days of the tower's notice of appeal.
D. 
If, after considering the matter and the findings by the enforcement agency, the City Council shall determine that there is good and sufficient cause for revocation of the official tower's license, the tower shall surrender said license to the City Clerk within one calendar day.
E. 
Failure to surrender the license upon revocation shall constitute a violation of this chapter, subject to all legal action available to the City, including permanent removal from the official towers list.
F. 
Nothing contained herein shall prevent or limit the right of any person to commence or maintain an action for damages or any other relief directly against an official tower in a court of competent jurisdiction.

§ 159-13 Violations and penalties.

A. 
In addition to any suspension or revocation of license, a person who shall violate any of the provisions of this chapter shall be subject to the following, at the discretion of the Municipal Court:
(1) 
First offense: not less than $1,000 and not more than $2,500, or up to 30 days' imprisonment, or any combination of thereof.
(2) 
Second offense: not less than $2,500 and not more than $5,000, or up to 30 days' imprisonment, or any combination of thereof.
(3) 
Third offense: not less than $5,000 and not more than $10,000, or up to 30 days' imprisonment, or any combination of thereof.
(4) 
All other subsequent offenses shall result in a minimum penalty of $5,000, not more than $10,000, or up to 90 days' imprisonment, or any combination of thereof.
B. 
Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense; and
C. 
The imposition of a fine or imprisonment, or both, for a violation of this chapter of the Code shall not be deemed to be in lieu of any other provision therein providing for revocation or suspension of any license or permit issued thereunder.
D. 
In addition to the fine provided above, a violation of any of the provisions of this chapter shall be cause for revocation of the official tower's license.
E. 
In the event that two or more complaints are pending for over 30 days in Municipal Court, then the enforcement agency may suspend the official tower's license, after a hearing and decision by the enforcement agency.