[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack 9-3-1992. Amendments noted where
applicable.]
[Amended 1-2-2000[1]]
A.
As soon as reasonably possible after the adoption
of this chapter and thereafter annually in January of each year, the
Chief of Police of the Township of South Hackensack who shall be the
administrator of this chapter shall solicit and receive applications
from persons, firms or corporations regularly engaged in the business
of towing and storage of motor vehicles who or which appear to qualify
to provide services in accordance with the terms contained hereafter.
The said Chief of Police shall review all such applications and, 30
days from the adoption of this chapter and on the first day of February
of every year hereafter, he or she shall compile a list in alphabetical
order of all those persons, firms or corporations who or which qualify
hereunder as approved towers. On that date, that list so compiled
shall also be placed on file for inspection by the public in the office
of the Township Clerk.
B.
Any person, firm or corporation making application
under this chapter shall, upon filing the application as required
herein, also pay a nonrefundable application fee to the Township of
South Hackensack in the sum of $300; any application filed without
payment of such fee shall be deemed incomplete.
[Amended 4-6-2017 by Ord.
No. 2017-05]
C.
In annually soliciting applications as provided herein,
the Chief of Police shall fix a deadline for the filing of a full
and complete application, advise all applicants in writing of that
deadline by a statement of the same on the form of application and
reject any application which may be for any reason incomplete as of
that deadline.
[1]
Editor's Note: This meeting was a continuation
of the 12-9-1999 meeting.
[Amended 6-3-2010 by Ord. No. 2010-02]
Said Police Chief shall establish a procedure
by which, when the services of an approved tower are required, only
such approved tower as appearing on the list aforesaid and then in
effect shall be engaged in alphabetical order on a rotating basis,
each such tower to serve exclusively for a one-week period beginning
at 7:01 a.m. on Monday and ending at 7:00 a.m. on the next following
Monday. A record or log shall be kept by the Police Department indicating
among other things the date and time on and at which said services
were requested, the response to such request and any complaints received
in regard to the service rendered by the approved tower.
In order to qualify as an approved tower, the
person, firm or corporation applying to the Chief as aforesaid must
present proof of its ability to comply with and must thereafter continue
to comply with the following terms and conditions:
A.
An approved tower must have been engaged in the business
of towing and storing of vehicles for a minimum of one year and must
be of known good reputation in the field.
B.
An approved tower must be available to provide service
24 hours per day, seven days per week.
C.
The maximum response time from the issuance of a telephone
notice at any time of the day or night until appearance on the scene
at which the services are hereunder required shall be 15 minutes.
D.
An approved tower must follow the lawful directions
of the officers of the Police Department when acting hereunder.
E.
An approved tower must store all towed vehicles in
a safe manner so as to prevent any damage to such vehicles.
F.
The place to be provided for storage of vehicles towed
pursuant hereto shall accommodate at least 25 motor vehicles, shall
be located either within the township or within one mile of the township
limits, shall be enclosed by a fence of at least five feet in height
which shall have gates that are locked when the storage area is not
attended and shall be lighted at night. Such premises must be maintained
in a manner to ensure an efficient operation and the safety of the
vehicles towed and stored. The premises shall be subject to inspection
at any reasonable time by the Police Chief of the Township of South
Hackensack to determine that it satisfies these requirements. At no
time shall there be permitted the parking or storage of a vehicle
other than upon the approved storage facility. An approved tower must
submit proof of its ownership of or tenancy to the storage facility.
G.
Wrecked vehicles shall not be stacked on top of the
other, and only one level of storage shall be maintained.
H.
An approved tower shall provide that persons retrieving
vehicles shall be able to transact all business, including the pickup
of the vehicle and payment of fees, at the same location. Stored vehicles
must be available for retrieval between 8:00 a.m. and 6:00 p.m. of
all weekdays except legal holidays.
J.
The wrecker and/or tow trucks qualifying hereunder
shall have a passenger seat to transport the driver of the vehicle
to be towed, if necessary, at no additional cost to the vehicle owner.
K.
Equipment.
(1)
A description of the equipment which shall be employed
must be furnished to and approved by the Chief of Police together
with the following:
(a)
True copy of the valid New Jersey Division of
Motor Vehicles registration certificate for each vehicle.
(b)
Proof of insurance for all equipment.
(c)
Proof of New Jersey Division of Motor Vehicles
permits for emergency lights in use on each motor vehicle.
(d)
Proof of inspection from the New Jersey Division
of Motor Vehicles on all gasoline-powered motor vehicles and also
all diesel-powered motor vehicles under 10,000 pounds.
(e)
The name of the towing business appearing on
all motor vehicles.
(2)
In the event that any of the foregoing should change,
the Chief of Police must be notified of such change within 24 hours
thereof and must approve the same.
L.
The Chief of Police must be provided with a list of
the names and addresses of all employees who will be driving any of
the subject towing equipment or handling any of the towed vehicles;
they must have valid New Jersey driver's licenses for such purposes.
If any such employee has been found to have been convicted of a crime,
the approved tower shall be automatically disqualified unless the
township waives such requirement for cause.
M.
An approved tower must furnish the township with proof
of insurance covering it and the township and its employees and agents
against any and all liability for personal injuries and property damage
in the amount of $1,000,000 combined single limit, garage keeper's
liability insurance in an amount not less than $250,000 per location,
garage liability in an amount not less than $1,000,000 combined single
limit, loss by fire or theft in the amount of $250,000 on each motor
vehicle and its contents during towage and any and all periods of
storage, and worker's compensation as required by law. All policies
must be endorsed to show the Township of South Hackensack as an additional
insured, and there must be provision made that the township be notified
of any cancellations or amendments of coverage.
N.
An approved tower must agree in writing that the services
which it renders shall be rendered to the owner or operator of the
subject motor vehicle and not to the township, it being specifically
understood the tower is not acting as an agent or employee of the
township and that the tower accepts full responsibility for the services
rendered and any damage that may result and that the tower holds the
township harmless from any liability which may be claimed against
it.
O.
Upon notice to the approved tower that a motor vehicle
has been impounded for a violation of law or ordinance or for the
purpose of police investigation, or upon other such notice from the
Police Department, the approved tower shall not release such vehicle
until it has received authorization from the Police Department to
do so.
P.
An approved tower shall be required to clean the area
of the automobile accident to which it has have been summoned of all
debris that resulted from such accident as soon as reasonably possible
thereafter.
Q.
An approved tower must comply with all laws, ordinances
and regulations pertaining to the operation of its entire business
whether related to the towing and storage referred to herein or otherwise,
and it must supply proof of the existence of any necessary licenses
therefor.
R.
A thorough record shall be made of any towing or storage
and of any cleaning of the area of an automobile accident as referred
to herein. Such records must be in the form and include all of the
information as may be reasonably required by the Chief of Police.
Such records must be kept upon the tower's business premises and be
available for inspection by the appropriate officers of the township
at any reasonable time. True copies of such records shall be provided
to the Chief of Police at least monthly.
[Amended 12-19-1996 by Ord. No. 96-14; 1-4-2004 by Ord. No. 2003-25]
Nothing contained in this section or in Chapter 108 entitled “Fees” to the contrary withstanding, no fee or charge shall be imposed which exceeds any limit thereon contained in any other law or regulation applicable to that tower in respect to the services rendered.
The Chief of Police of the Township of South
Hackensack be and is hereby authorized and directed to formulate and
implement such rules and regulations as may be necessary to the enforcement
of this chapter.
[Added 1-4-2004 by Ord. No. 2003-25]
Any person, firm or corporation to whom or to
which services have been rendered under this chapter or who or which
may have been refused service under this chapter and who or which
has been charged a fee for or incurred an expense, loss or damage
as the result of such services rendered or refused shall have the
right to complain of the same by filing a written, dated and signed
statement of that complaint with the Chief of Police or his or her
designee in the Police Department setting forth in particular the
services rendered or refused, and the fee charged, the expense, loss
or damage resulting and the reason why the same does not comply with
the terms and conditions of this chapter, all within 10 days of the
occurrence of the act which is the basis for the complaint. In the
event that the Police Chief or his or her designee in the Police Department
is unable to obtain the satisfaction of such complainant through direct
intercession with the approved tower within 30 days of the filing
of the complaint, that complainant may refer the complaint within
five days of the expiration of that thirty-day time limit to the Township
Clerk who shall then schedule the conduct of a hearing on that complaint
before the Township Committee and upon notice to the approved tower
named in the complaint. At that hearing, the complainant shall present
the claim in full and shall further show cause why the subject approved
tower should not be disqualified from further service based upon its
refusal to satisfy the complaint if that complaint is determined to
be properly founded. Upon a determination by the Township Committee
that the complaint is properly founded and/or the refusal to satisfy
the complaint was unwarranted, the Township Committee may disqualify
the approved tower from further service or may take such other action
in respect thereto as it deems reasonable and appropriate.
