Borough of Cresskill, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 4-15-1992 by Ord. No. 92-4-1067. Amendments noted where applicable.]
GENERAL REFERENCES
Parking — See Ch. 189.
Abandoned vehicles — See Ch. 260.
Vehicles and traffic — See Ch. 263.
255a Schedule A

§ 255-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCIDENT
For private passenger automobiles, includes vandalism, fire, comprehensive claims and accidents caused by drunk drivers.
BASIC TOWING SERVICES
The removal and transportation of an automobile from a highway, street or other public or private road or parking area or from a storage facility 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.

§ 255-2 Approval of towing companies; permit term and revocation.

A. 
The Chief of Police shall maintain the names and addresses of commercial towing companies which make applications and are approved by the Chief of Police for the removal of motor vehicles from public or private property within the Borough of Cresskill.
B. 
In order to be approved by the Chief of Police, a commercial towing company must comply with the following rules and regulations:
(1) 
Complete and file with the Chief of Police an application which includes the company's name, address, responsible individual and location of business, which must be within five miles of the Borough of Cresskill, and the name, address and telephone number of the applicant's insurance company.
[Amended 4-16-2014 by Ord. No. 14-05-1462]
(2) 
Pay an annual application fee of $50 to the Borough of Cresskill to compensate the Borough for administrative expenses to implement the towing service. The deadline for filing applications should be by December 31 of the year prior to issuance of the tow permit.
[Amended 3-19-2003 by Ord. No. 03-04-1263]
(3) 
Submit the original of a true copy of a current insurance policy issued by an insurance company authorized to do business in the State of New Jersey in an amount not less than $500,000 for personal injury and $500,000 for property damage which names the said towing company as the insured. The insurance policy must be in effect until December 31 of the year for which the tow permit is issued.
[Amended 3-19-2003 by Ord. No. 03-04-1263]
(4) 
Provide proof that the applicant owns or has access to a vehicle which is in good condition and has a current New Jersey inspection sticker and is registered and licensed in New Jersey. If any other equipment or tow vehicles are needed, one of the other tow companies will be called to assist and the vehicle to be removed shall be taken to the tow company on call. If it is determined by the tow company on call that heavy duty equipment is needed, an outside agency may be called. Any driver for a basic tow service may request his own tow service from outside of town; however, in the event of any dangerous condition, etc., any police officer at the scene may have the vehicle moved immediately.
(5) 
Provide proof that the applicant owns, leases or has access to a storage area for not less than 10 motor vehicles except for inside storage located within five miles of the Borough.
[Amended 4-16-2014 by Ord. No. 14-05-1462]
C. 
After approval by the Chief of Police, the applicant shall receive a permit which shall expire on December 31 of the year issued. In addition, the Chief of Police may revoke a permit at any time if the permittee fails to comply with the aforementioned regulations.
D. 
Refusal to approve permit.
[Added 4-16-2014 by Ord. No. 14-05-1462]
(1) 
The Chief of Police may refuse to approve the permit of any applicant if the applicant has:
(a) 
Been convicted of a crime;
(b) 
Been convicted of driving a motor vehicle resulting in the death of any person or of driving a motor vehicle while under the influence of intoxicating liquor or a controlled dangerous drug or substance;
(c) 
Been convicted of violating any federal or state law relating to the use, possession or sale of any controlled dangerous drug or substance;
(d) 
Been an habitual violator of motor vehicle laws;
(e) 
Had his or her automobile driver's license issued by the State of New Jersey suspended or revoked;
(f) 
Violated any of the provisions of this section; or
(g) 
Whenever for just cause the Chief of Police finds the applicant unfit to operate a tow truck.
(2) 
If the applicant is rejected, the applicant, within 10 days, may request a personal appearance before the Mayor and Council to offer evidence as to why his application should be reconsidered.
E. 
Suspension or revocation of permit.
[Added 4-16-2014 by Ord. No. 14-05-1462]
(1) 
Notwithstanding the provisions of Subsection B(4) hereinabove, the Chief of Police shall have, and is hereby granted, the authority to suspend or revoke any permit issued under this section if the permittee or any of his employees:
(a) 
Is convicted of a crime;
(b) 
Violates any of the ordinances of the Borough or the laws of the United States of America or of the State of New Jersey, the violation of which reflects unfavorably on the fitness of the permittee or his employee to drive a tow truck; or
(c) 
Performs any act which would be a basis for a denial of the permit application.
(2) 
A person whose permit is suspended or revoked may, within 10 days, request a personal appearance before the Mayor and Council to offer evidence as to why the suspension or revocation should be considered.

§ 255-3 Maintenance and rotation of roster.

[Amended 3-19-2003 by Ord. No. 03-04-1263]
The Chief of Police shall maintain a roster of approved applicants and each week shall designate one of the approved companies to be first called as required. The roster shall be rotated at 12:01 a.m. on Sunday of each week and remain unchanged through 12:00 midnight of the next Saturday. At rotation time, the company having been previously designated as "first called" shall be placed at the end of the list and all others on the list shall be advanced up the list. Any new companies receiving a permit during the year shall be placed at the bottom of the list at the time of issuance of the permit.

§ 255-4 Enforcement.

The Chief of Police shall enforce this chapter in accordance with due process of law.

§ 255-5 Distribution of copies; fee card.

This chapter, which includes the regulations and fee schedule, shall be available to the general public in the office of the Borough Clerk and the Police Department during normal business hours. A fee card indicating the maximum rates for towing and storage within the Borough of Cresskill shall be kept in the possession of the drivers of all tow vehicles and be presented to the driver or owner of any vehicle to be towed.

§ 255-6 Illegally parked vehicles.

The Police Department and all members thereof are hereby authorized to remove and tow away, or have removed and towed away by a commercial towing service, any car or other vehicle illegally parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant or obstructs or may obstruct the movement of any emergency vehicles.

§ 255-7 Abandoned vehicles.

When a motor vehicle or other vehicle is abandoned on a street in the Borough of Cresskill, its removal may be authorized by the Chief of Police. When an abandoned, unattended, wrecked, burned or partially dismantled motor vehicle or other vehicle is creating a traffic hazard because of its position in relation to the road or its appearance is causing the impeding of traffic, its immediate removal from the street by a towing service may be authorized by the Chief of Police.

§ 255-8 Responsibility for towing and storage costs.

When a vehicle is removed from either public or private property by either state statute or Borough ordinance, the owner of the vehicle will be responsible for all towing and storage costs.

§ 255-9 Nonliability for excessive fees.

No person shall be liable to any person who tows or stores a private passenger automobile which was damaged in an accident or recovered after being reported stolen for any fee in excess of those permitted by the Towing and Storage Fee Schedule[1] established in this chapter.
[1]
Editor's Note: Said schedule is included at the end of this chapter.

§ 255-10 Schedule of fees to be maximum charge.

The schedule of fees set forth in Schedule A[1] for towing rates are the maximum charge that shall apply to a private passenger automobile for all towing services, including basic towing services rendered as a result of the accident or theft recovery. There shall be no other charge for flatbedding, waiting time, winching, cleanup cost and additional labor when only basic towing charges as defined are provided.
[1]
Editor's Note: Schedule A is included at the end of this chapter.

§ 255-11 Towing rates.

The towing rates shall be calculated based on basic towing services within the Borough of Cresskill with a day rate and another rate for nights, weekends and state holidays. If requested by the owner at the time of the initial tow to be taken to other than the storage yard of the towing company, a mileage fee of $1.75 per mile may be charged by the towing service. Fractions shall be rounded off to the nearest whole mile. Tow vehicles transporting multiple passenger cars at any time shall receive the applicable fee for each vehicle transported. When towing services are required, the day rate shall apply when the vehicle is transported (pickup to 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.

§ 255-12 Storage fees.

A. 
The fees set forth on the schedule for storage fees[1] are the maximum storage charges per twenty-four-hour period that shall apply to a private passenger automobile that is stored by a person as a result of an accident or theft recovery or for any other storage.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
B. 
Storage shall be outside storage except as follows:
[Added 9-18-1996 by Ord. No. 96-15-1150]
(1) 
Interior storage at the request of the owner.
(2) 
Interior storage for impounded vehicles at the request of the Police Department and impounding officers.
C. 
Interior storage must be explained to the owner/operator of the vehicle at the time of impound, provided that the owner/operator is available or as soon as possible thereafter.
[Added 9-18-1996 by Ord. No. 96-15-1150]

§ 255-13 Violations and penalties.

Failure of a person to abide by this chapter as to the towing and storage of a private passenger automobile involved in an accident, as defined, or as to basic towing charges, as defined, may be punishable by a fine not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for each subsequent violation pursuant to N.J.S.A. 17:33A-5. For any other violation of this chapter, the violator may be subject to imprisonment for a term not exceeding 90 days, a fine not exceeding $1,000 or a period of community service not exceeding 90 days.

§ 255-14 Filing of complaints.

Any police officer of the Borough of Cresskill or any other person may file a complaint in the Municipal Court of Cresskill for any violation of this chapter.