[HISTORY: Adopted by the Mayor and Council of the Borough
of Totowa 2-24-2015 by Ord. No. 05-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
395, but was renumbered to maintain the organization of the Code.
A.
N.J.S.A. 40:48-2.49 authorizes the Borough of Totowa to regulate
the business of removal and storage of motor vehicles and to set rates
and charges for the same.
B.
The Borough of Totowa seeks to exercise the authority conferred by
the aforementioned statute and adopts this chapter establishing minimum
requirements for a towing contractor to provide services and/or vehicle
removal and/or impoundment and/or storage, of vehicles when determined
necessary by the Borough of Totowa Police Department.
C.
The provisions of this chapter shall not apply to the towing of a
motor vehicle from private property. Towing from private property
is governed by regulations set forth in N.J.A.C. 13:45A-31.6.
As used in this chapter, the following terms shall have the
meanings indicated:
A granulated or powdered substance used to soak up fluids
used in the operation of motor vehicles. A bag or container of absorbent
will be defined as weighing 50 pounds.
Charges for post-accident services, including but not limited
to services such as physical inspection, telephone and/or fax calls,
removal of personal items, additional paperwork and more than three
trips to the motor vehicle in storage.
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).
The cleanup and removal of small quantities of fluids used
in the operation of a motor vehicle which leak onto the ground.
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 incident thereto, but
does not include 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. Basic tow only includes providing
access to the vehicle during normal business hours. Any additional
services, including tow outs, will be negotiated with the party requesting
same.
The period of time between January 1 and December 31 of any
given year.
The highest ranking sworn officer within the Totowa Police
Department.
The towing of a motor vehicle, when the owner or operator
of the motor vehicle has consented to have the towing operator tow
the motor vehicle.
The operation of a tow truck within the Borough of Totowa
to solicit vehicle towing, emergency road service and/or other towing
related towing services unless in response to a police request.
Releasing a motor vehicle to its owner or operator when the
motor vehicle has been, or is about to be, hooked to or lifted by
a tow truck, but prior to the motor vehicle actually having been moved
or removed from the property.
A motor vehicle which has been abandoned or rendered inoperable
by mechanical failure or accident. Any motor vehicle, operable or
inoperable, which constitutes a hazard to the motoring public by its
location shall be deemed disabled for the purposes of this chapter.
Repairs which may be performed at the location of a disabled
vehicle, including, but not limited to, flat tire changing, jump-starting,
gasoline deliveries, etc.
An unobstructed, flat, forty-foot-by-twenty-five-foot area
where a vehicle can be placed when needed for inspection by the police.
A tow truck with dual rear wheels and air brakes capable
of towing and wheel lifting large vehicles damage-free and which meets
the following minimum requirements:
The storage of a motor vehicle upon the order of the Police
Department at either the towing operator's storage area or at
a Borough facility as a result of abandonment, involvement in an accident,
suspected criminal activity and/or any violation of Title 39 of the
New Jersey Statutes or municipal ordinances.
Any wrecker/tow vehicle licensed pursuant to the provisions
of this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind that has been issued a license
by the Borough pursuant to this chapter, to provide wrecker/towing
services to the township.
A tow truck with dual rear wheels capable of towing or wheel
lifting vehicles which meets the following minimum standards:
Distance in miles that a tow vehicle travels while towing
a vehicle.
A vehicle carrier equipped with a wheel lift and a roll back/tilt
bed with dual wheels capable of removing and transporting small trucks,
full sized vans or large passenger cars damage-free and which meets
the following minimum requirements:
A tow truck with dual rear wheels capable of towing and wheel
lifting small trucks damage-free and which meets the following minimum
requirements:
All vehicles propelled other than by muscular power, excepting
such vehicles as run only upon rails and tracks and motorized bicycles,
motorized scooters, motorized wheelchairs, and motorized skateboards.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle. Nonconsensual towing includes towing
of a motor vehicle when law enforcement orders the motor vehicle towed,
whether or not the owner or operator consents.
A person or company licensed by the Borough of Totowa to
tow and/or store vehicles. There shall be a maximum of five towers
on the list per year.
That care which is normally used to protect a motor vehicle
from further damage, including but not limited to the use of tarps
for environmental protection and security protection for storage areas.
Any motor vehicle storage facility that is not located within
an enclosed structure and that conforms to the following standards:
The entire land area shall be enclosed by a fence of sturdy
construction, a wall or other man-made barrier that is at least six
feet in height, with a minimum of one lockable gate for ingress and
egress, in accordance with local zoning regulations.
All entry points shall have a locking device.
The area shall have adequate lighting to protect stored vehicles
from vandalism.
The tower shall submit proof that he owns or leases an area,
for the storage of sufficient vehicles, within a fifteen-minute response
time to any call for towing or service within the Borough. Said proof
shall include the deed or deeds to the property or the leases to the
same. The towing operator operator shall submit proof of local zoning
compliance for use of the storage facility.
The location of the storage area shall be located within the
limits of the Borough or in those municipalities that are contiguous
to the Borough (Borough of Woodland Park, Township of Little Falls,
City of Paterson, Township of Wayne). In those contiguous municipalities
listed herein, the site and office must be within three miles from
the border of the Borough of Totowa.
A person, firm corporation or partnership who owns and/or
operates a motor vehicle on the roads and highways within the Borough.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Borough of Totowa Police Department.
The licensed place of business of the towing operator. The
towing operator shall maintain a place of business where trucks, in
response to police requests, are normally kept. The impound area shall
be located adjacent to, or be part of, the principal location and
shall comply with the local zoning ordinances. The principal location
must be open to the public, between 8:00 a.m. and 6:00 p.m. at least
five days per week and the principal location shall contain a clean,
comfortable waiting area with toilet facilities.
The nonconsensual towing from private property or from a
storage facility of a person's motor vehicle that is parked illegally,
parked during a time at which such parking is not permitted, or otherwise
parked without authorization, or immobilization of, or preparation
for moving or removing of such motor vehicle to which a service charge
is made, either directly or indirectly.
The procedure in which the tow operator applies his knowledge
in a skillful manner to preserve the condition of the motor vehicle
while moving the vehicle to a towable position; can be achieved by
several actions that may include but are not limited to winching and
rigging.
The sweeping and removal of all debris left on the roadway
as a result of an accident or incident.
The list of official towers prepared by the Chief of Police
shall be available to render services 24 hours per day, seven days
per week, on a rotating basis.
The use of absorbents to soak up any liquids from a motor
vehicle at the site from which the motor vehicle will be towed and
sweeping and removal of all debris left on the roadway as a result
of an accident or incident.
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.
Any twenty-four-hour day or any portion thereof, with a new
day beginning at 12:00 midnight.
The storage and/or holding of vehicles indoors or outdoors
by a licensee under the authority of this chapter.
Covering a motor vehicle to prevent weather damage.
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.
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
motor vehicles.
Any vehicle towed by a licensed tower pursuant to this chapter
that is left unclaimed for a period in excess of seven calendar days.
Distance in miles traveled by a tow vehicle to a disabled
vehicle or the distance in miles travelled by a tow vehicle after
dropping off a vehicle out of town at the customer's request.
Every device in or upon or by which a person or property
is or may be transported upon a highway, except devices moved by human
power.
Additional time that a tow operator spends at the scene,
other than time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to emergency medical
services (EMS) which must be performed and/or police investigations.
The process of moving a motor vehicle, by the use of chains,
nylon slings or additional links of winch cable, from a position that
is not accessible for direct hookup for towing a motor vehicle. Winching
also includes recovering a motor vehicle that is not on the road,
and righting a motor vehicle that is on its side or upside down, but
does not include pulling a vehicle onto a flat bed tow truck.
Any material used to cover motor vehicle windows that have
been damaged.
A vehicle driven by mechanical power and employed for the
purpose of towing, transportation, conveying, recovering or removing
any and all kinds of motor vehicles which are unable to be and actually
are not operated under their own power from place where they are disabled
to some other place, or any vehicle(s) which the Police Department
has ordered to be impounded. A tow vehicle must be manufactured by
a tow truck manufacturer that is nationally recognized by the towing
industry.
A charge for a motor vehicle, towed into the storage facility
of the licensed tower, that is inoperable and must be towed from the
licensed tower's storage facility to a public street for towing
by a secondary tower.
A.
Towing operators meeting the qualifications set forth below shall
submit an application, in writing, to the Municipal Clerk of the Borough
of Totowa to be considered for placement on a rotating list of towing
operators. There shall be a maximum of five towers on the list per
year.
B.
All applicants for a towing license, in order for the application
to be deemed complete, must provide the following:
(1)
The complete legal business name, business address and Department
of Transportation (DOT) number.
(2)
The complete home address, home telephone number, date of birth and
social security number of the applicant, if a sole proprietorship,
or the complete home addresses, home telephone numbers, dates of birth
and social security numbers of the principal officers and partners
if the licensee is a corporation or partnership.
(3)
Photocopies of all registrations of every tow vehicle to be operated
by the applicant. If the tow vehicle is leased, the applicant is required
to submit a copy of the lease agreement.
(4)
The names, addresses and telephone numbers of any persons possessing
any liens and/or encumbrances on the principal location.
(5)
The name, address and telephone number of the applicant's insurance
carrier and photocopies of each certificate of insurance issued by
the carrier.
(6)
Photocopies of all towing vehicle operators' current driver's
licenses, along with their social security numbers.
(7)
Evidence demonstrating that the applicant has at least five years
of personal experience in the field of towing and storing of vehicles.
(8)
Proof that the applicant has a principal location within a fifteen-minute
response time to any call for towing or service within the Borough
of Totowa.
(9)
Proof that the applicant's principal location meets all zoning
requirements applicable in the jurisdiction in which it is located.
(10)
Proof that the applicant can guarantee a fifteen-minute response
time on all calls with the exception of delays caused by unexpected
traffic or unusual conditions.
(11)
The applicant shall provide an affidavit that the information
given in the application is true and correct.
(12)
The applicant shall provide an agreement that, upon issuance
of a license, the licensee shall indemnify and hold harmless the Borough
of Totowa, its agents, servants and/or employees from and against
all claims of a third party relating to the towing and/or storage
service of the licensee.
All initial applications shall be accompanied by a nonrefundable fee of $100 payable to the Borough of Totowa. A renewal application shall be accompanied by a nonrefundable application fee of $100 payable to the Borough of Totowa. The application fees are in addition to any fee for criminal background checks required in § 380-5 as well as any other fees required by this chapter. Said fees are in addition to the license fees set forth in § 380-6.
A.
Applications received by the Municipal Clerk shall be referred to
the Chief of Police within five business days of receipt. The Chief
of Police or his designee shall initiate an investigation to be made
of the applicant and of its proposed business operation and shall
perform inspections of the vehicles to be licensed.
B.
As part of the Chief of Police's investigation of the license
application, a criminal background check, including submission of
fingerprints or other identifying information to the State Bureau
of Identification, and driver's abstract will be performed on
all persons listed in the application.
C.
The licensee and all employees must be trustworthy in that the licensee
must safeguard vehicles and personal property belonging to others
as well as secure and protect evidence when a vehicle is impounded
by the police due to an accident investigation or criminal activity.
Therefore, to protect the public interest, the Borough may disqualify
any applicant wherein an employee, owner, principal, agent and/or
officer has been convicted of a crime involving moral turpitude or
excessive moving violations or a substantial violation under this
chapter.
D.
The Chief of Police shall, within 30 days after the receipt of the
completed application, complete the investigation and inspection and
submit a written report to the Municipal Clerk. The report shall include
recommendations that the applicant be accepted or denied.
E.
The licensee shall notify the Municipal Clerk in writing of any criminal
charges, motor vehicle offenses or ordinance violations that are issued
against licensee or its employees during the term of the license.
Failure to make the proper notification to the Municipal Clerk may
result in the revocation of the license.
F.
If a towing company charges a consumer a fee for private property
or other nonconsensual towing service that is disputed by the consumer,
the parties shall make a good faith effort to resolve the dispute
with the Police Department. If the parties are unable to resolve the
dispute, the complaint may be forwarded to the Director of the New
Jersey Division of Consumer Affairs, who shall make a determination
as to whether or not the fee is unreasonable under N.J.S.A. 13:45A-31.5.
The Director may order the towing company to reimburse the consumer
for an amount equal to the difference between the charged fee and
a reasonable fee, plus interest.
A.
Upon written notice by the Chief of Police to the Municipal Clerk
that an application has been reviewed and the Police investigation
has been completed, the Borough Council shall at a public meeting,
consider the issuance of a license.
B.
In addition to the application or renewal application fees set forth
in § 395-4, the yearly license fee shall be $75, payable
to the Borough of Totowa.
C.
Upon approval by the Borough Council, the Municipal Clerk of the
Borough of Totowa shall issue a license to the licensee pursuant to
this chapter, as well as individual stickers for each wrecker that
has been inspected and approved by the Chief of Police to be operated
during the term of the license.
D.
All towing licenses will be issued for a period of one year, beginning
July 1 of each year and expiring on June 30. Applications for license
and license renewal are to be completed and returned to the Borough
Clerk by April 1 of each year for a license for the following calendar
year. Licenses or renewals filed after May 1 will not be accepted
for the following calendar year.
E.
Licenses are the property of the Borough of Totowa and may not under
any circumstances be assigned, leased, shared, transferred or sold
to another person, corporation or proprietorship.
F.
Upon issuance of the license, the licensee may during the term of
the license advertise and place on his equipment that the licensee
is an authorized police tower for the Borough of Totowa.
G.
The licensee shall pay a vehicle inspection fee of $75 for each tow
truck that the licensee adds to his fleet during the year that provides
service under this chapter. The licensee shall also pay a fee of $35
in addition to any fees for criminal history checks, for each wrecker
driver he adds during the year that provides service under this chapter.
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. The towing
operators must be able to provide 24 hours a day, seven days a week
towing services for the Borough of Totowa on a rotating basis, at
the direction of Chief of Police or his designee.
B.
The Borough shall request wrecking, towing and storage services from
each official tower in rotation. 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 shall
be called. If none of the official towers are available or able to
provide such services as are requested by the Borough, the Borough
may request such services from any other available source. All requests
shall be made by the Chief of Police or his designee.
D.
The official towers shall be called for the removal and storage of
the disabled vehicle. In the event that the on-duty tower is unable
to respond to calls or to respond in a timely manner due to unusual
conditions, the next tower on the rotating list shall be called.
E.
Cruising by a towing company's vehicles is not permitted.
A.
The towing operator shall provide and maintain the following types
of insurance coverage to be obtained from insurance companies licensed
to do business in the State of New Jersey and shall provide the Borough
with certificates of insurance evidencing proof of the following required
coverages:
(1)
Automobile liability in an amount not less than $1,000,000 for bodily
injury per person, $1,000,000 for bodily injury per accident and $500,000
for property damage per accident.
(2)
Workers' compensation as required by statute.
(3)
Garage keepers' liability in an amount not less than $500,000
per claimant and $1,000,000 for more than one claimant.
(4)
Garage liability in an amount not less than $1,000,000 combined single
limit.
(5)
Comprehensive general liability in an amount not less than $1,000,000.
B.
Policies shall be endorsed to provide collision coverage for vehicles
in tow.
C.
On all policies except workers' compensation, the Borough shall
be named as an additional insured.
D.
All policies must contain a provision requiring notification to the
Borough of any policy cancellation or revision at least 30 days prior
to either the cancellation or revision.
E.
The towing operator shall provide an excess or umbrella insurance
policy in the amount of $1,000,000.
A.
The equipment used by the towing operator shall meet the following
requirements:
(1)
All equipment must be of the type, condition and design to effectively
perform the work required by the Borough of Totowa.
(2)
A licensee, while filing an application and at all times while holding
a license under this chapter, shall own or lease for use in performing
the services required by the license the following pieces of equipment:
(a)
Regular wrecker service: a minimum of one tow truck.
(b)
Heavy-duty wrecker service: a minimum of one heavy-duty wrecker.
It shall not be a requirement that each operator maintain a heavy-duty
wrecker. Only those operators that maintain a heavy-duty wrecker in
addition to the regular wrecker service equipment shall be placed
on the heavy duty call-out list.
B.
The following safety equipment shall be carried on all towing trucks:
(1)
Chains and tie-downs to secure vehicles.
(2)
A snatch block.
(3)
An auxiliary safety light kit to be placed on the rear of a towed
vehicle that does not have functioning taillight flashers.
(4)
Rotating amber emergency lights mounted on top of truck. (A state
issued permit is required and must be in the truck).
(5)
Two white work lights facing from the rear of the truck.
(6)
One shovel and broom.
(7)
Fifty pounds of absorbent.
(8)
Jumper cables or a jump box.
(9)
A steering wheel tie down.
(10)
A toolbox with assorted hand tools normally used to conduct
emergency roadwork and towing.
(11)
Two reflectorized traffic safety vests.
(12)
One five-pound A-B-C rated powder fire extinguisher.
(13)
One flashlight.
C.
A reflectorized traffic safety vest shall be properly worn as the
outside garment by all employees performing work while on a roadway,
24 hours a day.
D.
The towing operator shall provide all trucks with a shovel, broom and other equipment necessary to clean up broken glass and debris from the scene of any accident to which they are summoned. The towing operator shall be responsible for the subsequent cleanup. Each truck shall have a minimum of 50 pounds of absorbent for oil and/or any other liquid, except gasoline, that might be spilled onto a roadway as a result of an accident. If gasoline is spilled as a result of any accident, it shall be the responsibility of the Police Department to notify the Fire Department for immediate removal. Absorbed liquids, other than gasoline, shall be removed from the roadway by the tower, placed in plastic bags and then placed in the towed vehicle by the towing operator and shall be disposed of by the owner of the said vehicle. The towing operator may charge a fee as set forth in § 380-12E(3).
E.
All trucks used by the towing operator shall be kept in a clean,
good working condition. The towing operator shall have displayed on
all of his trucks in such a manner and of such lettering as conforms
to the provisions of N.J.S.A. 39:4-46.
F.
Each towing operator shall furnish the following information with
respect to the aforementioned trucks: the make, model, year and registration
number of each truck and the DOT number. A photostatic copy of each
registration and insurance card shall also be included. For leased
trucks, the towing operator shall be required to furnish a copy of
each lease. Only trucks listed shall be used by the towing operator.
The towing operator shall have a storage area that meets the
following requirements:
A.
The outside or inside area used for storage shall be paved or stoned.
B.
Signs which readily identify the storage facility and which comply
with all applicable laws and local zoning regulations shall be installed.
C.
No towed vehicle shall be parked upon a public or private street
or sidewalk. Said vehicle shall be stored by the towing operator within
the licensed storage area so provided.
D.
The entire outside storage area shall be enclosed by a fence or sturdy
construction, a wall or other man-made barrier that is at least six
feet high with at least one lockable gate for ingress and egress,
in accordance with local zoning regulations.
E.
The impound area shall be properly lighted from dusk to dawn and
must be properly safeguarded from vandalism and/or theft.
F.
The Borough of Totowa Police Department shall be granted access to
any part of the impound area at any time, day or night, for the purpose
of inspection and/or investigation. This shall include indoor and
outdoor areas.
G.
There shall be no unescorted access to the aforementioned impound
area by the public. Said area shall be posted in accordance with Totowa
Police Department regulations.
H.
A small storage area shall be set aside for vehicles that may be
involved in a police incident. In addition, an indoor secured area
shall be provided for at least one vehicle, when requested by the
police.
I.
The towing operator shall conspicuously post at his place of business
the fee schedule for storage and towing of vehicles.
J.
There shall be no piling of vehicles.
K.
The storage area shall be located adjacent to, or be part of, said
licensed principal location and shall comply with the local zoning
ordinances.
L.
The towing operator shall provide reasonable accommodations for after-hours
release of stored motor vehicle and shall not charge a release fee
or other charge for the release of motor vehicle to their owners during
their normal business hours or on weekends.
The employees of the towing operator shall meet the following
requirements:
A.
An employee of the towing operator shall under no circumstances be
deemed an agent, servant and/or employee of the Borough of Totowa
or represent to the public that he/she is an employee of the Borough
of Totowa.
B.
No person shall be employed by the towing operator unless he/she
has obtained a record check and has been approved by the Borough of
Totowa Police Department.
C.
The towing operator and his employees are prohibited from collecting
or attempting to collect a fee, commission, pay or charge other than
as provided for in this chapter.
D.
The name of the individual tow truck employee shall be listed on
the towing ticket/receipt.
E.
The towing operator shall indicate the number of employees who will
be on the day shift and the number to be assigned to the night shift,
on a seven-day-a-week basis to the Chief of Police.
F.
The towing operator shall provide the Police Department with a list
of said personnel and copies of each operator's commercial drivers'
license (CDL) and social security number.
G.
No towing operator shall employ, directly or indirectly, any employee
of the Borough of Totowa Police Department.
H.
No cruising by personnel shall be permitted.
I.
The licensee shall be responsible for basic environmental cleanup and may charge the owner of the vehicle involved in the actual spill a fee as outlined in § 380-12E(2).
J.
The licensee shall be responsible for roadway cleanup, which shall include but not be limited to removing broken glass and debris at the scene of an accident, as per N.J.S.A. 39:4-56.8b, and may charge the owner of the vehicle that created the debris a fee as outlined in § 380-12E(3).
K.
The police officer at the scene of an accident or disabled vehicle
shall be in complete charge and shall be responsible to ensure that
the scene is properly cleared and safe for traffic to resume safely.
L.
The towing operators and all employees must be trustworthy and the
towing operator must safeguard vehicles and personal property belonging
to others, as well as secure and protect evidence when a vehicle is
impounded by the police, due to an accident investigation or criminal
activity.
M.
The towing operators shall notify the Municipal Clerk in writing
of any criminal charges, motor vehicle offense or ordinance violations
that are issued against the towing operators or its employees.
A.
D.
Rates for vehicle recovery and/or winching:
(1)
Wreckers and personnel.
(a)
Medium-duty wrecker: $150 per hour, to be charged in thirty-minute
increments with a one-half-hour minimum.
(b)
Heavy duty wrecker: $300 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
(c)
Additional manpower: $60 per hour per man.
(d)
Level 3 recovery supervisor: $90 per hour.
(2)
Licensees may, however, charge additional fees for extraordinary
recovery and/or winching. All services must be itemized on the statement
for services.
E.
Additional services that may be required:
(1)
Axle pull/drive shaft/transmission disconnect: $45 flat rate.
(2)
Hookup air: $25 flat rate.
(3)
Roadway cleanup: $50 per hour, to be charged in thirty-minute increments
with a one-half-hour minimum.
(5)
No yard charge may be billed.
(6)
Waiting time: $40 per hour, in excess of 15 minutes, which shall
be calculated based upon each 15 minutes spent at the site from which
a motor vehicle will be towed, with fewer than 15 minutes rounded
up to 15.
(7)
The use of window wrap or tarping is $25.
(8)
The licensee shall prepare an itemized billing invoice for all services
rendered.
F.
A towing company that engages in private property towing or other
nonconsensual towing shall calculate storage fees based upon full
twenty-four-hour periods a motor vehicle is in the storage facility.
For example, if a motor vehicle is towed to a storage facility at
7:00 p.m. on day one and the owner of the motor vehicle picks up the
motor vehicle before 7:00 p.m. the next day, the towing company shall
charge the owner of the motor vehicle only for one day of storage.
If a motor vehicle is stored for more than 24 hours but less than
48 hours, the towing company may charge for two days of storage.
G.
Customers must be able to use cash, insurance company check, debit
card, charge card or credit card to pay for services. The Borough
will not be held liable for, or assist the towing operator in the
collection of any unpaid fees that are incurred for performing towing
or storing services.
H.
The rates on the "Borough of Totowa Towing and Storage Rate Schedule"
represent the maximum rates permitted under this chapter. It shall
be unlawful for any licensee to charge a rate in excess of the rates
prescribed or for any service not specifically covered in this chapter.
I.
Mileage rates. There shall be no mileage charge, for any vehicle
towed under this chapter, to respond to the service call or from the
point of service back to the licensee's principal location. If
the owner or operator designates the vehicle to be towed to another
location other than the licensee's principal location, then the
licensee may charge for loaded mileage outside the boundaries of the
Borough of Totowa. Mileage charges per mile outside of Totowa shall
be $4 per mile or part thereof.
J.
Heavy vehicle recovery (over 16,000 pounds).
(1)
To perform heavy vehicle recovery, the Borough requires that the
licensee have on-scene a recovery supervisor with a Level 3 certification
from the Towing and Recovery Association of America (TRAA) or other
nationally recognized certification.
(2)
To perform heavy vehicle recovery under this chapter, the licensee
must:
(a)
Visually document the recovery scene through photos or videotape.
(b)
Prepare a written report of all procedures employed, actions
taken, equipment used and manpower requirements to complete the recovery
process in the safest manner and provide a copy to the vehicle owner
with the statement for services.
(c)
Prepare an itemized billing invoice for all services rendered.
(3)
If the licensee finds it necessary, due to the nature of the recovery,
to contract additional recovery services to supplement its equipment
and manpower recovery, the contracted service providers must work
under the supervision of the licensee. The licensee may not subcontract
the entire recovery. In the event that the heavy-duty wrecker operator
is unable to handle the recovery, then the next heavy-duty wrecker
on the rotating list shall be called.
A.
The towing operator shall maintain records of all vehicles towed,
stored and released by it. Records shall be kept for a three-year
period. These records shall include the name of the responding police
officer, name of towing employee, the date and time of the tow-in,
destination towed, vehicle tag number and state, vehicle identification
number, make, model, color and year of vehicle, itemized charges to
the owner of the vehicle and the disposition of the vehicle and date
thereof.
B.
The towing operator shall maintain a record of all property found
anywhere in the towed vehicle, including the trunk and glove compartment
when open and where a key is available.
C.
The Borough of Totowa shall, upon request have access to any and
all of these records. The Police Department shall conduct a quarterly
audit of each tower's records and provide a written report to
the Municipal Clerk's office.
D.
The licensee shall notify the Totowa Police Department, in writing,
of any vehicle that is left unclaimed for a period in excess of seven
calendar days.
E.
The licensee shall prepare and issue to the owner/operator a written
itemized invoice for all services rendered under this chapter. The
invoice shall reflect the date, time, location and the employee that
performed the service and that the service performed was at the request
of the Borough of Totowa Police Department. A copy of the invoice
shall be retained by the licensee and filed in a manner that coincides
with the licensee's current filling methods that will allow immediate
access to such record when requested by the Borough of Totowa Police
Department.
F.
The licensee shall incur the cost of preparing a payment rate circular
for fees listed under this chapter and shall distribute this rate
circular at the time of tow to all customers, at no cost, which also
includes directions to the storage location, business hours, phone
numbers, major credit cards accepted and other methods of payment
accepted.
A.
Tow truck drivers shall have and maintain a valid driver's license
for the tow vehicle that they operate. Drivers that operate heavy-duty
wreckers shall have the following endorsements on their commercial
driver's license:
B.
Within two years of the effective date of this chapter, all tow truck
drivers that operate tow vehicles must obtain the Towing and Recovery
Association of America (TRAA) National Driver Certification Level
1 or other nationally recognized certification. Drivers that operate
the heavy-duty tow truck must obtain the Level 2 certification.
C.
New employees shall have one year from their date of hire to obtain
the TRAA Level 1 certification or other nationally recognized certification.
During the initial year of employment, they may perform services as
listed under the provisions of this chapter, provided that the licensee
documents that he has trained the employee in the proper use of the
equipment he will operate.
D.
To perform any recovery operation, the licensee must have at least
one employee certified as a TRAA Level 3 or other nationally recognized
certification.
A.
All complaints received by the Borough regarding a towing operator's
performance under the provisions of this chapter shall be investigated
by the Chief of Police or his designee and resolved to the satisfaction
of all parties. In the event that the complaint cannot be resolved
to the mutual satisfaction of the parties, the matter shall be submitted
to the Municipal Clerk or his designee. The decision of the Municipal
Clerk or his designee shall be final.
B.
The towing operator shall at all times comply with this chapter,
or the Borough shall remove the towing operator from the rotating
list after written notification from the Police Department and an
opportunity for a hearing to be conducted by the Municipal Clerk.
C.
The Chief of Police is hereby designated to enforce the provisions
of this chapter in accordance with due process of law.
D.
The Chief of Police shall investigate and keep, and maintain for
a period of three years, a record of all complaints that are received
regarding provisions set forth in this chapter.
E.
The Chief of Police has the authority to suspend any license at any
time for criminal activity, Title 39 violations or any violation(s)
of this chapter. When a license is suspended, the Chief of Police
shall forward a full report to the Mayor and Council within 15 business
days after said suspension. If the licensee objects to the determination
of the Chief of Police, the licensee may request a hearing before
the Council. The licensee must notify the Municipal Clerk in writing
of a request for a hearing in writing within 20 days of the suspension
notice issued by the Chief of Police. The Council, at the conclusion
of the hearing, may affirm or reverse the decision of the Chief of
Police.
F.
The Chief of Police shall oversee all licensed wreckers to ensure
that they are kept in a safe condition. The Chief of Police may inspect
any or all licensed wreckers at any time. If at any time the Chief
of Police finds the equipment inadequate or unsafe, the Chief of Police
may demand immediate correction and suspend the wrecker license until
such time as the violation is corrected. Once a wrecker license is
suspended, all identifiers listing the wrecker as a Borough of Totowa
police wrecker shall be removed from the wrecker by the licensee.
A.
Any person or towing operator who violates the provisions of this
chapter shall, upon conviction, be fined as follows:
B.
In addition to any penalties that may be imposed by the Municipal
Court, the Borough Council may, after conducting a hearing regarding
the violation(s), terminate the license issued pursuant to this chapter
for repeated violations of this chapter.
