No licensee or tow truck operator licensed under this chapter,
or otherwise providing police towing services to the Borough of Wallington,
may charge rates in excess of the fees adopted by the Borough at the
time the application for a license is filed. These rates may be modified,
as necessary, by a resolution adopted by the Wallington Mayor and
Council.
All licensed towers shall post, in a prominent place at each
storage area clearly visible to the public, the schedule of fees that
may be charged for all services pursuant to the terms of this chapter.
The schedule of fees shall also be provided to the vehicle's
owner or operator at the incident scene. Copies of this chapter and
the schedule of fees shall be available to the public during normal
business hours at the office of the Borough Clerk.
The owner or person in charge of a towed vehicle shall receive
an itemized bill for services performed, including storage charges,
if any. Such bill shall have printed thereon the name of the licensee
and the license number which shall be preprinted and uniform on all
bills. A copy of all such invoices shall be filed with the Borough
within 24 hours of presentment to the vehicle owner.
The licensee shall be required to pay a twenty-five-dollar administrative
fee, payable to the Wallington Police Department, for towing any vehicle
at the request of the Police Department, except for Borough-owned
vehicles.
A.
Application fee. There shall be an application fee submitted with
each application. The purpose of this fee is to offset the expenses
of investigation and verification. The application fee shall be $250
for an application to become an official police tower.
B.
Annual license fee. The yearly fee for a license issued pursuant
to this chapter shall be $600. No portion of said fee shall be prorated
for any part of a year.
[Amended 4-25-2013 by Ord. No. 2013-05]
C.
The Wallington Police Department shall maintain a list of current
towing service rates and storage rates, which shall be made available
to any person upon request. The towing service rates and storage rates
shall be amended where necessary by the passage of a resolution duly
passed and adopted by the Mayor and Council of the Borough of Wallington.
[Amended 4-25-2013 by Ord. No. 2013-05]
D.
Fees paid
to operators by municipalities for storage of removed motor vehicles;
limitations. All fees to be paid to an operator by a municipality
for the storage of removed motor vehicles shall not exceed the limitation
set forth in N.J.S.A. 40:48-2.50.
[Added 4-25-2013 by Ord.
No. 2013-05]
E.
All fees payable pursuant to this chapter shall be nonrefundable
irrespective of any suspension, revocation or cessation of business.
A.
Each licensee, at the time the license is issued and during the term
of such license, must maintain the following insurance:
(1)
Comprehensive general liability insurance with limits of liability
of not less than $1,000,000 combined single limits (bodily injury
and property damage) per occurrence. Each policy shall contain a specific
endorsement for damage to vehicles in tow.
(2)
Automobile liability insurance with limits of not less than $500,000
per occurrence and $1,000,000 total liability coverage and property
damage coverage of $100,000, with a deductible not to exceed $1,000,
covering each and every vehicle used for towing services under this
chapter.
(3)
Workers' compensation insurance in amounts required pursuant to New
Jersey law covering each employee of the licensed tower.
(4)
A garage keeper's liability policy covering fire, theft, explosion
and other hazards in a minimum amount of $500,000 with a deductible
not to exceed $1,000.
(5)
Excess umbrella insurance coverage, in an amount of not less than
$1,000,000, providing protection beyond the $300,000 referred to above.
B.
Each liability policy shall name the Borough of Wallington as an
additional insured. Each licensee shall provide the Borough with appropriate
proof of the existence and continuous maintenance of such insurance.
Such policies shall protect the Borough of Wallington, its agents
and employees, against any loss or claim of any nature or character
whatsoever arising out of or related to the services to be performed
herein.
C.
Each approved licensee shall submit annually to the Borough appropriate
certificates of insurance, in form satisfactory to the Borough, confirming
the coverage as herein required. Each such certificate of insurance
and the policy it evidences shall contain a provision that prevents
cancellation in the absence of 30 days' advance written notice to
the Borough of Wallington. These certificates must be provided prior
to the commencement of any services by the licensed tower. Failure
to maintain such insurance shall be grounds for immediate disqualification.
D.
Each licensee, irrespective of the existence or nonexistence of any
required insurance, by acceptance of such license or performance of
services hereunder, does agree to indemnify and hold harmless the
Borough of Wallington, its servants, agents and employees from and
against any and all claims of any nature whatsoever arising out of
or relating to the services performed or to be performed hereunder.
