As used in this chapter, the following terms shall have the
meanings indicated:
ABSORBANT
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.
ADMINISTRATIVE CHARGES
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.
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).
BASIC ENVIRONMENTAL CLEANUP
The cleanup and removal of small quantities of fluids used
in the operation of a motor vehicle which leak onto the ground.
BASIC TOWING SERVICE
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.
CALENDAR YEAR
The period of time between January 1 and December 31 of any
given year.
CHIEF OF POLICE
The highest ranking sworn officer within the Totowa Police
Department.
CONSENSUAL TOWING
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.
CRUISING
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.
DECOUPLING
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.
DISABLED VEHICLE
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.
EMERGENCY ROAD REPAIR SERVICE
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.
EXAMINATION AREA
An unobstructed, flat, forty-foot-by-twenty-five-foot area
where a vehicle can be placed when needed for inspection by the police.
HEAVY-DUTY WRECKER
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:
A.
Gross vehicle weight (GVW): 30,000 pounds.
B.
Gross vehicle weight rating (GVWR): 80,000 pounds.
C.
Boom and winch rating: 40,000 pounds.
F.
Wheel lift retracted rating: 25,000 pounds.
G.
Wheel lift extended rating: 12,000 pounds.
IMPOUNDMENT
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.
LICENSEE
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.
LIGHT DUTY WRECKER
A tow truck with dual rear wheels capable of towing or wheel
lifting vehicles which meets the following minimum standards:
B.
Boom rating: 8,000 pounds.
C.
Winch rating: 8,000 pounds.
F.
Wheel lift retracted rating: 6,000 pounds.
G.
Extended rating: 3,000 pounds.
LOADED MILE
Distance in miles that a tow vehicle travels while towing
a vehicle.
MEDIUM-DUTY FLATBED
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:
B.
Winch rating: 8,000 pounds.
E.
Bed width: seven feet (inside side rails).
F.
Wheel lift retracted rating: 6,000 pounds.
G.
Wheel lift extended: 3,000 pounds.
MEDIUM-DUTY WRECKER
A tow truck with dual rear wheels capable of towing and wheel
lifting small trucks damage-free and which meets the following minimum
requirements:
C.
Winch rating: 16,000 pounds.
F.
Wheel lift retracted rating: 6,000 pounds.
G.
Extended rating: 3,000 pounds.
MOTOR VEHICLE
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.
NONCONSENSUAL TOWING
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.
OFFICIAL TOWER
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.
ORDINARY CARE
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.
OUTSIDE SECURED STORAGE FACILITY
Any motor vehicle storage facility that is not located within
an enclosed structure and that conforms to the following standards:
A.
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.
B.
All entry points shall have a locking device.
C.
The area shall have adequate lighting to protect stored vehicles
from vandalism.
D.
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.
E.
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.
OWNER
A person, firm corporation or partnership who owns and/or
operates a motor vehicle on the roads and highways within the Borough.
PERSON
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
POLICE
The Borough of Totowa Police Department.
PRINCIPAL LOCATION
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.
PRIVATE PROPERTY TOWING
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.
RECOVERY
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.
ROADWAY CLEANUP
The sweeping and removal of all debris left on the roadway
as a result of an accident or incident.
ROTATING LIST
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.
SITE CLEANUP
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.
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.
STORAGE DAY
Any twenty-four-hour day or any portion thereof, with a new
day beginning at 12:00 midnight.
STORAGE SERVICES
The storage and/or holding of vehicles indoors or outdoors
by a licensee under the authority of this chapter.
TARPING
Covering a motor vehicle to prevent weather damage.
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.
TOWING OPERATOR
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
motor vehicles.
UNCLAIMED VEHICLE
Any vehicle towed by a licensed tower pursuant to this chapter
that is left unclaimed for a period in excess of seven calendar days.
UNLOADED MILE
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.
VEHICLE
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.
WAITING TIME
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.
WINCHING
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.
WINDOW WRAP
Any material used to cover motor vehicle windows that have
been damaged.
WRECKER/TOW TRUCK
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.
YARD CHARGE
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.
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.
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.