[HISTORY: Adopted by the Mayor and Council
of the Borough of Chester 8-3-2010 by Ord. No. 2010-25.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 214,
Towing, adopted by Ord. No. 92-3, as amended.
The purpose and intent of this chapter is to provide criteria
and standard operating procedures that are reasonable, non-exclusionary
and nondiscriminatory in the selection and use of towing operators
for police-initiated towing. Towing operators will, to the extent
possible, provide towing, repair and storage services for vehicles
that are abandoned, disabled, illegally parked or stolen, involved
in accidents and/or suspected or identified by the Borough as being
involved in criminal activities or motor vehicle offenses.
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
A private automobile, station wagon or pickup truck.
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area, or from
a storage facility, and other services normally incidental thereto,
but does not include recovery of an automobile that has left the roadway
and does not include any additional labor required to clean up the
scene.
From 8:00 a.m. until 4:30 p.m., prevailing time.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles
and is secured by a locking device on each opening.
A motorcycle, motorbike and bicycle with motor attached and
any other motor-operated vehicle similar to a bicycle or tricycle,
to include all-terrain vehicles.
From 4:31 p.m. until 7:59 a.m., prevailing time.
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 passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier and all other
storage facilities not defined above as inside building or outside
secured.
The recovery of an automobile from a position beyond the
right-of-way or berm or from being impaled upon any other object within
the right-of-way or berm. It shall also include the recovery of a
vehicle which is overturned or on its side.
A vehicle equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by its manufacturer for the removal and transport of private passenger
automobiles.
Any motor vehicle other than an automobile as defined above
and which requires heavy-duty towing.
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.
A.
Removal of motor vehicles. Whenever a police officer orders the removal of automobiles from private or public property, the officers shall utilize the rotation lists established in Subsection B of this section.
B.
Towing contractors. Every three years, the Borough Council shall
establish by resolution a list of automobile towing contractors and
a list of truck towing contractors to be utilized by the Police Department.
An operator may, if qualified, be on both lists. The lists will work
on a rotating basis or weekly call-out schedule at the discretion
of the Chief of Police. Such lists shall be utilized by members of
the Police Department on a non-exclusionary and nondiscriminatory
basis. Only those towing contractors who meet the minimum standards
of operator performance set forth in this chapter shall be included
on such lists. There shall be no limit on the numbers on either list.
Operators may be added to the list at any time.
(1)
Equipment. All towing operators shall meet the following requirements:
(a)
For classification as an automobile towing service, the operator
must possess at least one flatbed-style tow vehicle and/or one hoist-type
tow vehicle with a sling and a wheel lift.
(b)
For classification as a truck towing service, the contractor
must have one heavy-duty tow vehicle capable of towing a fully loaded
tractor-trailer weighing a minimum of 80,000 pounds.
(c)
All tow vehicles must carry the following equipment:
(d)
All towing vehicles must have amber emergency warning lights
mounted on the vehicle so as to warn approaching traffic of their
presence. The size and location of these lights must conform to New
Jersey Division of Motor Vehicle standards. The operator must have
an amber light permit.
(e)
All towing vehicles must carry a copy of their rate schedule.
Said schedule must also be displayed in a conspicuous manner at the
operator's place of business.
(f)
High-visiblity safety vest. At all times when performing towing
services in the Borough of Chester, all towing contractor personnel
shall wear a high-visibility traffic safety vest, meeting the specifications
set forth in ANSI/ISEA 107-2004, at level Class 2 or higher.
(2)
Facilities. Each operator must have access to a storage lot and place
of business available to the public within five miles from the Chester
Borough Police Department. However, if there are no qualified towing
contractors within the five-mile radius, the five-mile radius may
be extended until an eligible towing contractor can be located. The
towing business and storage lot must comply with all zoning ordinances
and regulations in the municipality in which they are located.
(3)
Availability and response time. Each operator must be available 24
hours a day, seven days a week, and must respond within 20 minutes
during daytime hours and 30 minutes during nighttime hours of the
original telephone call request by the Police Department.
(4)
The Borough reserves the right to contact other towing operators,
who may not be on the rotating list, if at the time of request all
of the towing contractors on the rotating list are unavailable or
if specialized towing or recovery equipment is needed and not possessed
by any of the towing contractors on the rotating list. Towing operators
not on the rotating list may also be called on in times of emergencies
or natural disasters. If other towing operators not on the rotating
list are called, their fees shall be reasonable and customary, based
on prevailing rates in the industry.
A.
Automobiles and motorcycles. The fee schedule for towing services
and storage shall be established by the Borough Council by resolution.
B.
Trucks. Towing operators shall charge reasonable fees for towing
trucks, taking into account the size of the vehicle being towed, the
time of day and day of the week and difficulty of the towing operation.
Each operator on the list shall promulgate a fee schedule and file
copies of that schedule with the Police Chief and Borough Clerk. Each
of these schedules shall be available for public inspection at the
office of the Borough Clerk during normal business hours.
C.
Department of insurance regulations. Towing charges and storage charges
for private passenger automobiles that are damaged in accidents or
that are recovered after being stolen are subject to the rates established
by the Commissioner of Insurance at N.J.A.C. 11:3-38. In those cases,
the rates established by the Commissioner of Insurance and not those
set forth in this chapter shall be applicable.
A.
Release of impounded vehicles. No impounded vehicle is to be released
without proper authorization from the Police Department. Vehicle release
arrangements must be available from the hours of 8:00 a.m. to 4:00
p.m., Monday through Saturday (excluding New Jersey state holidays).
The Borough shall supply junk titles or good titles for abandoned
vehicles in accordance with the provisions of N.J.S.A. 39:10-1 et
seq.
B.
Insurance; indemnity.
(1)
Each operator on the approved lists shall furnish the Borough Clerk
with a certificate of insurance from an insurance company satisfactory
to the Borough. Each certificate of insurance shall identify the coverage
provided and shall provide that such insurance shall not be changed
or canceled without giving 10 days' prior written notice to the
Borough by certified mail, return receipt requested. Specific reference
to the rotating lists of towing operators shall be made on all policies
of insurance.
(2)
Each operator must have bodily injury liability, property liability,
employer's liability and motor vehicle liability coverage with
combined policy limits to comply with what the New Jersey Division
of Motor Vehicles requires. Each approved operator must also have
statutorily required workers' compensation coverage.
(3)
Each operator shall indemnify and save the Borough harmless from
all damages and claims for damages which may be made by any person
for bodily injury or property damages as a result of the operator's
performing pursuant to this chapter.
C.
Enforcement. The Police Department is designated to enforce the provisions
of this chapter in accordance with the due process of law. In carrying
out the provisions of this chapter, the Police Chief is hereby authorized
to adopt additional reasonable regulations which are not inconsistent
with this chapter.
D.
Abandoned or unclaimed vehicles.
(1)
Any vehicle which is not claimed by the owner within five days of
impoundment shall be reported by the operator storing the vehicle
to the Police Department pursuant to N.J.S.A. 39:10A-1 through 39:10A-7.
(2)
After expiration of the five-day period, the Police Department shall
make application for title to the Division of Motor Vehicles as per
standing general orders. Vehicles which remain unclaimed after all
requirements of the general orders are met shall be auctioned off
to recover towing costs, pursuant to N.J.S.A. 39:10A-1 through 39:10A-7.
(3)
Any operator found to be disposing of vehicles in violation of this
procedure will be charged with misapplication of entrusted property
(N.J.S.A. 2C:21-15) and will be prohibited from providing service
for Chester Borough.
E.
Rights of owners.
F.
Public inspection. This chapter, all regulations adopted by the Police
Chief and the fee schedules of individual towers shall be available
to the public during normal business hours.
G.
Operator dealings with public.
(1)
The operator shall always act in a professional manner and at all
times be courteous and respectful toward members of the public, as
well as representatives of the Borough of Chester. While members of
the public, especially those whose cars may have been towed or impounded,
may at times resort to strong language, threats and unbecoming behavior
toward the operator, the operator is expected to exercise restraint
and not to respond in kind and thereby reflect unfavorably on the
Borough of Chester and/or the Police Department.
(2)
Repeated reports of discourteous behavior by the operator, which
can be substantiated and documented, may be considered by the Borough
as sufficient cause for termination of the contract.
A.
No towing operator shall participate in the police towing list within
the Borough without first submitting an application for inclusion
on the towing duty list and receiving written approval from the Borough
Council.
B.
Application to participate in the towing duty list shall be made
on the official application form available from the Police Department
and submitted together with an application fee in the amount of $50
payable to the Police Department.
C.
Applicants are required to comply with the requirements of N.J.S.A.
10:5-1 et seq. and N.J.A.C. 17:27-1.1 et seq. with regard to affirmative
action employment.
D.
All towing list approvals shall remain valid for the calendar year
and shall expire on the 31st day of December next succeeding the date
of issuance unless sooner suspended or revoked by the Chief of Police
as hereinafter provided, or the Borough Council. If, during the term
of a towing operator's approval, the towing operator relocates
its business, the towing operator may request in writing to the Chief
of Police, or Borough Administrator that its towing list approval
be transferred to the new business location. The term of any such
transfer approval shall expire on the date upon which the towing operator's
approval would have expired had no transfer occurred.
A.
The Chief of Police is hereby authorized to establish rules and regulations
for the supervision, operation, inspection, safe operation of tow
vehicles, retrieval of personal property by automobile owners, and
subsequent applications for title to automobiles that have been towed
at the direction of the Police Department. The rules and regulations
shall be incorporated within the Police Department policy titled "Wrecker
Service Calls."
B.
The Chief of Police, or his designee, shall have the right, at all
times, to inspect all towing vehicles and related equipment used by
tow operators performing services pursuant to this chapter.
C.
At any time, should the Chief, or his designee, determine that the
vehicles and/or equipment being used are unsafe, he shall have the
power and authority to direct the immediate correction or repair of
any automotive defect, malfunction or violation of motor vehicle regulations
within a specified period of time to be determined by the Chief.
D.
The Chief of Police is authorized and empowered to establish from
time to time, and transmit to all towing operators on the towing duty
list, such additional rules and regulations not inconsistent herewith
as may be reasonable and necessary to carry out the provisions of
this chapter, including a procedure to receive complaints and resolve
disputes arising from the towing and storage of motor vehicles required
by the Borough without the consent of the owner.
E.
The Chief of Police or any member of the Police Department designated
by him is authorized to administer and enforce all provisions of this
chapter.
A.
Any person, firm or corporation who violates any of the provisions
of this chapter (including the rate schedule), upon conviction, shall
be subject to the following:
(1)
For the first offense, a fine not to exceed $250 and suspension from
the towing duty list for one month.
(2)
For the second offense, a fine not to exceed $500 and suspension
from the towing duty list for six months.
(3)
For the third offense, a fine not to exceed $1,000 and suspension
from the towing duty list for one year.
(4)
For the fourth offense, permanent revocation from the towing duty
list.
(5)
In all cases of documented overcharges, the excess moneys paid will
be returned by the contractor to the vehicle owner.
B.
Each and every violation of this chapter and each and every day that
any violation shall continue shall be construed as a separate and
distinct violation. Any offense which is more than five years old
shall not be considered as a basis for determining a subsequent offense.
C.
The Police Department is specifically designated as the enforcement
agency, which shall serve and execute process for violations of this
chapter in accordance with law. Violations of this chapter shall be
heard in the Municipal Court of the Borough.
D.
A towing operator may be removed from the annual list by resolution
of the Borough Council if its performance is determined to be unreliable
or inadequate. If there is a breach of any of the provisions of this
chapter or applicable regulations, an operator may be removed from
the list by the Chief of Police pending action by the Borough Council.
E.
Failure to comply with applicable zoning, land use, property maintenance
codes, or any other local ordinances may subject any towing operator
to suspension from the towing duty service list upon request from
the appropriate Construction Code Official, Zoning Officer, Property
Maintenance Officer, or other Borough official. Any towing operator
suspended from the towing duty service list for violation of applicable
zoning, land use, property maintenance codes or any other local ordinances
shall be indefinitely suspended until corrections are made and approved
by the applicable Borough official, and communicated to the Chief
of Police or Borough Administrator.
