A.
All towing operators, in order to provide services in non-preference
motor vehicle accidents or for the removal of motor vehicles from
private or public property, as may be authorized by the Police Department,
must be licensed by the Borough of Clayton in accordance with this
chapter.
B.
Towing operators must meet the twenty-minute response time to be
eligible for inclusion on the Borough of Clayton Police Department
Tow List.
C.
The list of licensed towing operators shall be maintained by the
Police Department and shall be utilized on a rotation basis. The rotation
shall be on a weekly basis beginning at 6:00 a.m. Monday and ending
one week later at 6:00 a.m. Monday, unless otherwise specified by
the Police Department or in the event of emergency conditions.
[Amended 12-27-2018 by Ord. No. 22-2018]
D.
Licensed tow operators shall be subject to the minimum standards
of the performance rules and regulations of the Clayton Borough Police
Department, including safety, availability, and compliance with the
procedures established by this chapter.
E.
If the Chief of Police determines that a towing operator is unable
or unwilling to fulfill the requirements of this chapter or the statutes
and regulations of the State of New Jersey, the Chief of Police shall
document his determination in a written report. He will send this
report to the tow operator by certified mail and will give a copy
of the report to the Borough Clerk for the Borough Council's
review of his recommendation for removal. The tow operator has 10
days to file a written appeal if in disagreement with the Chief of
Police's recommendation of removal. If the tow operator chooses
to appeal, the tow operator shall submit a request in writing to the
Borough Clerk, who will then schedule a hearing before the Borough
Council.
F.
Upon receipt of the notification by the Chief of Police that the
tow operator has been recommended for removal from the tow list, the
tow operator shall cease towing of vehicles on behalf of the Borough
of Clayton pending a final decision from the Borough Council.
A.
Licensed towing operators agree to provide the following services
on a twenty-four-hour basis:
(1)
Removal and transporting of motor vehicles involved in a motor vehicle
accident where the owner or operator of the motor vehicle when appropriate
has not made a preference for the towing of the vehicle.
(2)
Removal and transporting of a motor vehicle from private or public
property as may be authorized by the Police Department or Zoning Officer
of the Borough of Clayton.
(3)
Removal and disposal from the Borough or private property of motor
vehicles which, pursuant to state law and regulations, would be subject
to the jurisdiction of the Clayton Borough Police Department. Such
vehicles shall be moved to such location as specified by the Clayton
Borough Police Department.
(4)
The storage of a motor vehicle removed and transported from the scene
of a motor vehicle accident.
B.
A towing operator responding to a tow shall be responsible for all site cleanup related to a motor vehicle accident, including the pickup and removal of all debris from the scene of the accident and containment of any hazardous fluids from the vehicle prior to tow, in accordance with the laws of the State of New Jersey, and all services as defined by state regulations and Article I herein. It is understood that the responsibility of the tow operator as established above in no way relieves the vehicle owner of his/her responsibility for the cleanup and removal of any debris or spilled fluids coming from his/her vehicle.
C.
A towing operator shall provide either one boom tow truck with a
wheel lift or winch rollback or one boom tow truck with a wheel lift,
capable of transporting the vehicle to be removed without additional
damage. The transported vehicle shall not exceed the carry weight
or capacity of the carrying vehicle.
E.
If a licensed towing operator is unable to handle a particular situation
for whatever reason, the Borough of Clayton Police Department shall
have the right to use whatever means necessary to accomplish the removal,
transporting and storage of motor vehicles.
F.
Any tow operator intending to use subcontractors must identify them
on his or her application. No towing operator shall subcontract any
work to be performed pursuant to this chapter without having first
obtained prior written approval from the Borough of Clayton Police
Department. Any towing operator to whom approval to subcontract work
has been given shall be responsible for the services performed by
and the acts and omissions of the subcontractor and shall remain liable
for any violation of this chapter by the subcontractor.
A.
The towing operator shall provide a towing facility of sufficient
size to accommodate not fewer than 25 passengers vehicles and one
tractor and trailer and not less than 800 square feet of inside storage
facilities to hold and protect "police hold" vehicles. At no time
shall any automobile towed by a towing operator be stored at any other
location, except where a vehicle is towed at the request of the owner
to a specific location.
B.
The towing facility shall be staffed by the licensed towing operator
during normal business hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday, and include twenty-four-hour telephone service, seven days
per week during the week in which the licensed facility is on call.
C.
The towing operator shall provide tow vehicles capable of handling the transporting of motor vehicles as defined in Article I of this chapter and equipped to provide regular towing service: 14,000 pounds to 15,000 pounds gross vehicular weight is regular towing service; 15,000 pounds gross vehicular weight and above is heavy towing service. Carry weight shall not be less than 4,000 pounds or less than that needed to carry the transported vehicle safely.
D.
Each tow vehicle or flatbed vehicle shall be equipped with towing
and safety equipment, warning devices such as lights, flares and flags
to warn other automobile operators of the presence of a disabled automobile,
and mechanics tools to perform complete emergency work, including
but not limited to the following:
(1)
All tow operators shall be required to wear a reflective jacket or
vest when towing vehicles on the roadway and all times shall exercise
extreme caution and due safety.
(2)
At least one amber rotating beacon or strobe light mounted on the
highest practical location of the vehicle, which when in use shall
be visible from 360° at a distance of not less than 500 feet during
daylight hours.
(3)
One snatch block per winch.
(4)
Safety tow lights or magnetic tow lights for towing vehicles at night.
Safety tow lights, red in color, shall be mounted in the rear of the
vehicle being towed.
(5)
Ample chains and cables for pulling or securing a towed vehicle.
The working limit of cable shall be noted to include a minimum pulling
capacity of 2,500 pounds (3/8 inch cable).
(6)
At least one broom, shovel, crowbar or pry bar, jumper cables, flashlight,
fire extinguisher or dry chemical type having capacity of not less
than two pounds, one dozen flares or similar warning devices for placement
at the scene of an accident or behind a disabled vehicle, not less
than 10 pounds of dry sand or a drying compound for gasoline and oil
spilled onto the roadway, and tools sufficient to enable the tow vehicle
operator to perform proper and adequate emergency repair services
for the tow.
(7)
Backup alarms on all tow trucks.
E.
All tow trucks must be in compliance with all safety equipment requirements
as listed in N.J.S.A.39:3-1 et seq. and 49 CFR 393.
F.
No changes may be made to tow vehicles or equipment without prior
written approval of the Borough of Clayton Police Department.
G.
Each tow vehicle shall display two stickers issued by the Department
of Licenses and Inspections on the upper left and right side of the
driver's door panel and shall have the name and number of the
licensed tow operator displayed on the vehicle in such manner and
of such lettering as to conform to the provisions of N.J.S.A. 39:4-46.
H.
Towing operators and their employees shall provide all services required
by this chapter at all times and shall be subject to the following
requirements:
(1)
Possess sufficient knowledge, skill and ability to provide minimum
road services for disabled vehicles and to adequately remove a vehicle
from an accident scene without causing additional damage to the vehicle.
(2)
Not be mentally or physically impaired.
(3)
Obey all traffic laws, statutes, regulations and ordinances promulgated
by the State of New Jersey and the Borough of Clayton.
(4)
Be subject to inspection by the Chief of Police or a designee and
shall be approved by the Chief of Police prior to rendering any services
pursuant to this article.
I.
The tow vehicles provided by the towing operator shall be of such
type and design to properly and safely perform all towing services
required by this chapter and shall at all times comply with New Jersey
statutes and regulations and be subject to inspection by the Chief
of Police or designee.
J.
All drivers of tow vehicles shall possess at all times a valid New
Jersey driver's license and a commercial driver's license
where applicable, which shall be subject to inspection by the Chief
of Police. Said operator shall obey all traffic laws and shall comply
with all statutes and regulations of the State of New Jersey and of
the Borough of Clayton.
K.
The tow vehicles provided by the towing operator shall be geographically
located so as to permit a response time within 20 minutes.
L.
The towing fees and storage fees established by the towing operator
shall be conspicuously posted at the towing facility owned or operated
by the towing operator, which fees shall not exceed the fees set forth
in this chapter.
M.
At all times the towing operator shall maintain the towing facility
in a clean and orderly fashion. Reasonable measures shall be taken
by the towing operator to prevent vandalism, theft or damage to automobiles
stored therein.
N.
In the event that automobiles which are towed and stored by the towing
operator are abandoned or unclaimed by the owners thereof, the towing
operator shall make no claim against the Borough, its agents or employees.
Only those vehicles towed from private property or public right-of-way
under authorization of either the Zoning Officer or the Police Department,
not including accident vehicles, shall be disposed of by the Borough
pursuant to N.J.S.A. 39:10A-1 or other appropriate state statutes
or state regulations.
O.
The towing operator operating pursuant to this chapter is an independent
contractor and in no sense an agent, servant or employee of the Borough.
Said operator shall at all times maintain direct supervision, management
and control over all of his/her employees and personnel engaged in
the operation or services performed pursuant to this chapter.
P.
The Borough shall not be responsible for the acts of the towing operator
in performing the services contemplated by this chapter. The towing
operator agrees to save and hold harmless the Borough from all manner
of liability as a result of his/her actions or omissions, whether
of a negligent or intentional nature.
Q.
Towing operators approved for tow list eligibility shall be required
to fulfill tow requests of the Zoning Officer and/or the Police Department
of the Borough of Clayton. Failure or refusal to remove a vehicle
pursuant to directive of the Borough of Clayton shall be cause for
removal from the approved tow list.
R.
The tow operator shall be responsible for ensuring the proper, safe
and secure storage of all vehicles towed. The tow operator shall be
liable for any and all damage incurred by such vehicles while in transit
to or while stored in or at the facilities of the operator.
A.
Every tow operator on the Police Department tow list shall maintain
an inside building and outside secured storage area meeting the following
requirements:
(1)
The storage area shall be capable of storing not fewer than 25 passenger
vehicles and one tractor and trailer. The area shall have not less
than 800 square feet of inside storage facilities to hold and protect
"police hold" vehicles.
(2)
The storage area shall be located either within the limits of the
Borough or at such location outside of the Borough as to facilitate
a response time of not more than 20 minutes.
(3)
Outside storage areas shall be fully enclosed by a fence of sufficient security to prevent trespassing having a height of eight feet, or as otherwise required by Chapter 88, Unified Development, with at least one lockable gate for ingress and egress and shall be lighted from dusk to dawn. (If the storage facility includes more than one access point, then all access points must be secured with appropriate gate and lock.) Fences that existed prior to adoption of this chapter shall be permitted; however, if such fences are replaced, the new fence shall be eight feet in height or as otherwise required by Chapter 88, Unified Development.
(4)
The storage facility shall be available to the Clayton Borough Police
Department 24 hours a day, 365 days per year, and shall be open to
the public on weekdays during normal business hours and for limited
but reasonable hours on Saturday. The operator shall specify the hours
in which the facility will be open to the public on weekends. The
storage facility shall release a stored vehicle to the owner thereof
on such date as shall have been requested by said owner during normal
business hours, after receiving the written tow release from the Clayton
Borough Police Department; storage charges shall not accrue beyond
the requested date of release.
(5)
The tow operator shall have an employee on duty during all hours
in which the storage facility is open.
(6)
The tow operator shall not charge a release fee or other charge for
releasing vehicles to their owners after normal business hours or
on weekends.
B.
The Borough of Clayton shall not be responsible for processing of
licensure and other documents required by the State of New Jersey
with regard to vehicles left abandoned at a repair facility. Vehicles
left abandoned at a repair facility, including those involved in accidents,
are the responsibility of the repair facility, per N.J.S.A. 39:10A-8.
A.
When performing services under the police tow list to tow and/or
store a motor vehicle, the towing charge and storage charge shall
not exceed those charges as set forth in this chapter. These are maximum
fees that may be charged.
B.
The fee schedule is effective at the time of adoption of this chapter
as follows:
|
Amount Light Duty
|
Amount Heavy Duty
| |
|---|---|---|
|
Towing:
| ||
|
Tow fee
| ||
|
Days
| ||
|
First mile or less
|
$110
|
$450 per hour (payable in 15-minute increments)
|
|
Each additional mile
|
$4
| |
|
Nights, weekends and New Jersey state holidays
| ||
|
First mile or less
|
$110
|
$450 per hour
|
|
Each additional mile
|
$4
| |
|
Storage:
| ||
|
Inside building
| ||
|
Storage facility capacity per vehicle/per day
|
$75
|
$75
|
|
Outside secured
| ||
|
Storage facility capacity per vehicle/per day
|
$50
|
$50
|
|
Additional Fees:
| ||
|
Cleanup
|
$45 per hour
| |
|
Oil dry
|
$15 per bag
| |
|
Debris bag for parts/stay dry
|
$3 per bag
| |
|
Winching fee
|
$95 per hour basic (1 hour minimum)
| |
|
Heavy-duty laborer
|
$65 per man/per hour
| |
|
Heavy-duty support vehicle
|
$125 per hour
| |
|
Vehicle rollover
|
$125
| |
|
Lot fee for non-drivable vehicles
|
$45
| |
|
Bed cleanup for fluids
|
$35
| |
|
Labor for extreme situations
|
$85 per hour
| |
|
Extra tow vehicle if needed
|
$95 per hour
| |
|
NOTE: Motorcycle tows are 1.5 times the rates for towing.
|
C.
The fees set forth on the schedule for towing rates are the maximum
charges that shall apply to a motor vehicle for basic towing services.
D.
The towing rates shall be calculated based on the total distance
traveled from the tow vehicle's base of service to the job site
and return, by way of the shortest available route. Fractions shall
be rounded up to the nearest whole mile.
E.
Tow vehicles transporting multiple motor vehicles at one time may
charge the applicable fee for each such vehicle transported.
F.
When towing services are otherwise required, the day rate shall apply
when the vehicle is transported (pickup and delivery) entirely between
the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except
New Jersey state holidays. The night, weekend and holiday rate shall
otherwise apply.
G.
The Chief of Police shall post fees available to the public during
normal business hours along with a copy of this chapter and the fee
schedules of licensed towing operators.
H.
Payment from the public shall include credit cards.
A.
The Zoning Officer shall be responsible for the enforcement of the
provisions of this chapter pertaining only to storage facilities.
B.
The Borough of Clayton Police Department may authorize the towing
and storage of motor vehicles located on public streets or public
property which are unregistered, abandoned, or illegally parked, or
which are permitted to be towed and stored pursuant to state statute
or state regulations.
C.
A tow operator shall not tow motor vehicles located in the public
right-of-way or on private property unless authorized to do so by
the owner of the vehicle, or by the Police Department or Zoning Officer.
This chapter, however, does not preclude a towing operator licensed
by the Borough or state from towing motor vehicles located on private
property in accordance with state licensure privileges.
D.
Motor vehicles which remain unclaimed by the owner or other person
having legal right thereto shall be disposed of pursuant to the applicable
provisions of Title 39 of the New Jersey Statutes. The last known
owner of an abandoned vehicle, or the owner of the property from which
an abandoned vehicle is removed, shall be responsible for all towing
fees or charges, storage fees or charges, road service fees or charges,
and any other fees permitted by law.
E.
The Borough shall make periodic inspections of facilities, equipment
and service and, upon request, shall be provided full access to equipment
or property. Such inspections shall be made quarterly, semiannually,
or annually, as determined by the applicable Borough official, but
in no case shall such inspections be made less than annually.
F.
The Clayton Borough Police Department, responsible for enforcement
of this chapter, shall establish a procedure to process complaints
received by the Police Department regarding any licensed towing operator,
including, without limitation, charging of fees in excess of those
permitted hereunder, or damage to vehicles, and failure to notify
a vehicle owner of the location of the motor vehicle towed. The Internal
Affairs Division of the Police Department will investigate any complaints.
Any fee not specifically covered in this chapter shall have a "reasonableness
test" applied for the purpose of investigating the complaint.[1]
G.
The Police Department shall have the right to store at its own facilities
motor vehicles towed at its direction or confiscated in suspected
crimes. All licensed towing operators shall extend storage to the
Borough of Clayton Police Department at no cost and, if so requested,
shall provide separate storage space for exclusive use of the Police
Department also at no cost. Abandoned vehicles or vehicles confiscated
by the Police Department are to be stored as authorized by the Police
Department to assure protection of the vehicle and to provide security
of said vehicle until appropriately disposed of by the Police Department.
H.
All tow company owners will be permitted to apply for junk and abandoned
titles for vehicles that are unclaimed for a minimum of 30 days. The
tow company owner will be responsible for completing all the required
paperwork and any and all fees associated with this process as defined
under the provisions of N.J.S.A. 39:10A-1. The Borough will send to
the New Jersey Division of Motor Vehicles all completed paperwork
after it has been verified. All titles approved by the New Jersey
Division of Motor Vehicles will be then turned over to the tow company
owner who applied.
I.
All towing operators shall provide adequate public posting of charges
at their primary place of business and storage facility.
J.
Towing operators shall not pile vehicles or park towed vehicles on
public streets or sidewalks.
K.
All towing operators shall maintain a record of each motor vehicle
towed, stored, and released, and of all services rendered. Such records
shall be maintained at one central location and retained for a period
of not less than five years.
A.
Pursuant to the Spill Compensation and Control Act, including N.J.S.A.
58:10-23.11g(c), any person in any way responsible for a discharge
of petroleum or hazardous substances shall be strictly liable, jointly
and severally, without regard to fault, for all costs of cleanup and
removal of the discharge from the public right-of-way and private
property within the area of the spill. The tow operator and/or facility
owner shall be responsible for the cleanup and removal of any spill
or discharge of petroleum or hazardous substances at its storage facility.
The facility owner may choose to take action against the vehicle owner
for the cost of such cleanup and removal. The responsible party shall
contact the New Jersey Department of Environmental Protection Action
Line to report any spills or leaks as required by N.J.S.A. 58:10-23.11e.
B.
Whenever any petroleum or hazardous substances are discharged on
public property or within the public right-of-way, the County Department
of Health and Human Services may, in its discretion, act to remove
or arrange for the removal of such discharge, or may direct the responsible
party to remove or arrange for the removal of such discharge. The
County Department of Health and Human Services shall monitor compliance
with any cleanup directives. Pursuant to N.J.S.A. 58:10-23.11f, any
person who fails to comply with a cleanup directive shall be liable
to the Borough in an amount equal to three times the cost of such
removal.[1]
