[HISTORY: Adopted by the Township Committee of the Township of Boonton
by Ord. No. 582. Amendments noted where applicable.]
The following words and terms when used in this chapter shall have the
following meanings unless the context clearly indicates otherwise:
A private passenger automobile, station wagon, van, sport utility
vehicle or pickup truck up to and including 1/2 ton.
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 that has left the roadway and does not include any additional
labor required to clean up the scene.
From 8:00 a.m. until 5:00 p.m., prevailing time.
A vehicle storage facility that is completely indoors, having one
or more openings in the walls for storage and removal of vehicles, and is
secured by a locking device on each opening.
A motorcycle, motor bike or bicycle with motor attached and any other
motor-operated vehicle similar to a bicycle or tricycle, including all-terrain
vehicles.
From 5:00 p.m. until 8:00 a.m., prevailing time.
An automobile storage facility that is not indoors and is secured
by a fence, wall or other man-made barrier that is at least six feet high
and is equipped with a passive alarm system or a similar onsite security measure.
The facility is to be lighted at night.
An automobile storage facility that is not indoors and is not secured
by a fence, wall or other man-made barrier, and all other storage facilities
not defined above as inside building or outside secured.
The 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. It shall also include the recovery of a vehicle which is overturned
or on its side.
A vehicle equipped with a boom or booms, winches, slings, tilt beds,
wheel lifts or under-reach equipment specifically designed by its manufacturer
for the removal and transport of private passenger automobiles.
Any motor vehicle other than an automobile, as defined above, and
which requires heavy-duty towing.
Moving a vehicle by use of the cable or winch from a position that
is not accessible for direct hookup by conventional means of loading onto
a tow vehicle. It shall not include pulling a motor vehicle onto a tilt bed
or car carrier or lifting a vehicle with a conventional tow sling.
The removal of the vehicle from the towing operator's storage
yard for the benefit of another towing operator who is taking the vehicle
from the storage site and whose tow vehicle is physically unable to gain access
to the vehicle while it is inside the storage yard.
A.
Removal of motor vehicles. Whenever a police officer orders the removal of an automobile from private or public property, the officer shall utilize the rotation lists established in § 133-2B of this chapter.
B.
Towing operators. Every three years the Township Committee
shall establish by resolution a list of automobile towing operators and a
list of truck towing operators to be utilized by the Police Department on
a rotating basis. An operator may, if qualified, be on both lists. Such lists
shall be utilized by members of the Police Department on a nonexclusionary
and nondiscriminatory basis. Only those towing operators who meet the minimum
standards of operator performance set forth in this chapter shall be included
on such lists. There shall be no limit on the number of operators on either
list. Operators may be added to the list at any time.
(1)
Application. Each owner of a towing service that applies
to be a towing operator for the Police Department must execute the Authorization
by Subject of Request and Privacy Act Notification area of Form SBI-212A and
SBI-212B (Request for Criminal History Record Information for a Non-Criminal
Justice Purpose) and submit to a criminal background investigation pursuant
to N.J.S.A. 53:1-20.5 et seq. This investigation shall include disclosure
of any crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed. Additionally, the Chief
of Police shall also cause the applicant to be fingerprinted for the purpose
of a criminal history check. All applicants must submit a cashier's check,
certified check or money order drawn on a United States bank in the amount
of $49, payable to the Division of State Police — SBI, for the criminal
history search. If the applicant is a corporation, then this requirement shall
apply to the officers of the corporation. As a result of such investigation,
the Chief of Police shall note, in writing, his recommendation and his reasons
therefor to the Township Clerk. The Township Clerk shall present the completed
application, along with the recommendation from the Chief of Police as to
whether the application shall issue, at the next regularly scheduled public
meeting. If the Township Committee so directs, the Township Clerk shall approve
the application.
(2)
Equipment. All towing operators shall meet the following
requirements:
(a)
For classification as an automobile towing service, the
operator must possess at least one flatbed-style tow vehicle and one hoist-type
tow vehicle with a sling and wheel lift.
(b)
For classification as a truck towing service, the operator
must have at least one heavy duty tow vehicle capable of towing a fully loaded
tractor-trailer weighing 80,000 pounds.
(d)
All towing vehicles must have amber emergency warning
lights mounted on the vehicle as to warn approaching traffic of their presence.
The size and location of these lights must conform to New Jersey Division
of Motor Vehicle standards. The operator must have an amber light permit.
(e)
All towing vehicles must carry a copy of the rate schedule
established by the Township. Said schedule must also be displayed in a conspicuous
manner at the operator's place of business.
(3)
Facilities. Each operator must have a storage lot and
place of business within three miles of Boonton Township. The towing business
and storage lot must comply with all zoning ordinances and regulations in
the municipality in which they are located.
(4)
Availability and response time. Each operator must be
available 24 hours a day, seven days a week, and must respond within 20 minutes
during daytime hours and 30 minutes during nighttime hours of the original
telephone call request by the Police Department.
A.
Fees established.
(1)
Automobiles and motorcycles. The fee schedule for towing
services and storage shall be established by the Township Committee by resolution.
(2)
Trucks. Towing operators shall charge reasonable fees
for towing trucks, taking into account the size of the vehicle being towed,
the time of day and day of the week and difficulty of the towing operation.
Each operator on the list shall promulgate a fee schedule and file copies
of that schedule with the Police Chief and the Township Clerk. Each of these
schedules shall be available for public inspection at the office of the Township
Clerk during normal business hours.
(3)
Department of Insurance regulations. Towing charges and
storage charges for private passenger automobiles that are damaged in accidents
or that are recovered after being stolen are subject to the rates established
by the Commissioner of Insurance at N.J.A.C. 11:3-38. In those cases the rates
established by the Commissioner of Insurance and not those set forth in this
chapter shall be applicable.
A.
Release of impounded vehicles. No impounded vehicle is
to be released without proper authorization from the Police Department. Vehicle
release arrangements must be available from the hours of 8:00 a.m. to 5:00
p.m., Monday through Friday (excluding New Jersey state holidays), and Saturdays
by appointment. The Township shall supply junk titles or good titles for abandoned
vehicles in accordance with the provisions of N.J.S.A. 39:10-1 et seq.
B.
Insurance; indemnity.
(1)
Each operator on the approved lists shall furnish the
Township Clerk with a certificate of insurance from an insurance company satisfactory
to the Township. Each certificate of insurance shall identify the coverage
provided and shall provide that such insurance shall not be changed or canceled
without giving 10 days' prior written notice to the Township by certified
mail, return receipt requested. Specific reference to the rotating lists of
towing operators shall be made on all policies of insurance.
(2)
Each operator must have bodily injury liability, property
damage liability, employer's liability, motor vehicle liability and garage
keeper's liability coverage with combined policy limits of $1,000,000.
Each approved operator must also have statutorily required workers' compensation
coverage.
(3)
Each operator shall indemnify and save the Township harmless
from all damages and claims for damages which may be made by any person for
bodily injury or property damages resulting from the operator's performance.
C.
Enforcement. The Police Department is designated to enforce
the provisions of this chapter in accordance with due process of law. In carrying
out the provisions of this chapter, the Police Chief is hereby authorized
to adopt additional reasonable regulations which are not inconsistent with
this chapter.
D.
Abandoned or unclaimed vehicles.
(1)
Any vehicle which is not claimed by the owner within
five days of impoundment shall be reported by the operator storing the vehicle
to the Police Department, pursuant to N.J.S.A. 39:10A-1 through 39:10A-7.
(2)
After expiration of the five-day period, the Police Department
shall make application for title to the Division of Motor Vehicles as per
standing general orders. Vehicles which remain unclaimed after all requirements
of the general orders are met shall be auctioned off to recover towing costs,
pursuant to N.J.S.A. 39:10A-1 through 39:10A-7.
(3)
Any operator found to be disposing of vehicles in violation
of this procedure will be charged with misapplication of entrusted property
(N.J.S.A. 2C:21-15) and will be prohibited from providing service to the Township.
E.
Rights of owners.
(1)
The owner of any vehicle towed shall have the right to
remove property belonging to him or her from the stored vehicle unless a "police
hold" is marked on the towing form.
(2)
The vehicle owner or his or her representative shall
have the right to take photographs of stored vehicles during normal business
hours.
F.
Public inspection. This chapter, all regulations adopted
by the Police Chief and the fee schedules of individual tow operators shall
be available to the public during normal business hours.
G.
Operator dealings with public.
(1)
The operator shall always act in a professional manner
and at all times be courteous and respectful toward members of the public,
as well as representatives of the Township. If members of the public, especially
those whose cars may have been towed or impounded, resort to strong language,
threats and unbecoming behavior toward the operator, the operator is expected
to exercise restraint and not to respond in kind and thereby reflect unfavorably
on the Township and/or the Police Department.
(2)
Repeated reports of discourteous behavior by the operator, which can be substantiated and documented, may be considered by the Township as sufficient cause for removal of the operator from the rotational list of automobile towing operators and truck towing operators as established consistent with § 133-2B.
A.
Complaint and hearing.
(1)
The governing body shall have the right to suspend or
revoke any towing privileges issued pursuant to this section for good cause
upon written complaint of the Police Chief. In the event that a towing operator
fails or refuses to retain the proper equipment, personnel or facilities necessary
to perform the services required for towing operators, or that the services
performed are not satisfactory or violate any provision of this section, rule
or regulation duly adopted, the Police Chief shall file a written complaint
with the governing body that there is probable cause for revocation or suspension.
Written notice of such complaint and the basis of the complaint shall be given
to the towing operator, and said operator shall be entitled to a hearing before
the governing body prior to final determination of the complaint by the governing
body.
B.
Penalties.
(1)
Any operator who violates any section of this chapter,
in addition to any other penalties provided by law, shall be subject to suspension
of towing privileges for one month for a first offense, three months for a
second offense, and six months for a third offense. If the operator commits
a fourth offense its right to provide towing services to the Township shall
be permanently revoked, and the towing operator shall be removed from the
list of approved operators.
(2)
Any operator who violates the operator rate schedule
shall receive a fine of $250 and suspension of towing privileges for one month.
A second violation will result in a fine of $400 and suspension of towing
privileges for six months. A third violation will result in a fine of $500
and permanent revocation of towing privileges.
(3)
In all cases, if an operator overcharges a vehicle owner,
the excess moneys paid shall be returned by the operator to the owner within
10 business days.
(4)
A towing operator may be removed from the list adopted pursuant to § 133-2B, by resolution of the Township Committee, if its performance is determined to be unreliable or inadequate. If there is a breach of any of the provisions of this chapter or applicable regulations, an operator may be removed from the list by the Chief of Police pending action by the Township Committee.