[HISTORY: Adopted by the Mayor and Council
of the Borough of Bergenfield 3-3-1992 by Ord. No. 2117; amended in its entirety 8-15-2006 by Ord. No.
06-2375.Subsequent amendments noted where applicable.]
[Amended 12-7-1993 by Ord. No. 2161]
A.
BASIC TOWING SERVICE
COMMERCIAL VEHICLE
DECOUPLING FEE
INSIDE BUILDING
MOTOR VEHICLE CRASH
NONCONSENSUAL TOWING
OFFICIAL TOWERS
OUTSIDE SECURED
OUTSIDE UNSECURED
PASSENGER VEHICLE
PRIVATE PROPERTY OWNER
PRIVATE PROPERTY TOWING
STORAGE CHARGES FOR CALENDAR DAY
TOW VEHICLE
TOW VEHICLE'S BASE OF SERVICE
As used in this chapter, the following terms shall
have the meanings indicated:
The removal and transportation of an automobile or solid
debris resulting from an accident, motor vehicle crash, or otherwise
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.
A motor vehicle of any type used in the conduct of any business
of professional conveyance, or used as a public or livery means, for
the paid conveyance of passengers.
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a tower, but prior to the vehicle actually
having been moved or removed from the property.
[Added 6-6-2013 by Ord. No. 13-2459]
A vehicle storage facility that is completely indoors, having
one or more openings in the wall, for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which a private passenger automobile comes
into contact with any other object for which the private passenger
automobile must be towed or removed for placement in a storage facility.
This includes all situations which are accidental as to the owner
or operator of the motor vehicle even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the owner or operator
of the motor vehicle.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
[Added 6-6-2013 by Ord. No. 13-2459]
Entities which:
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 installed with a passive alarm system or a similar
on-site 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."
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, a sport
utility vehicle (SUV), or a panel truck or a camper-type vehicle used
for recreational purposes owned by an individual not used in the occupation,
profession or business of the owner(s).
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
[Added 6-6-2013 by Ord. No. 13-2459]
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a consumer's motor vehicle
that is parked illegally, parked during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.6,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
[Added 6-6-2013 by Ord. No. 13-2459]
The maximum allowable amount to be charged by a storage facility
for a calendar day or portion thereof. A new calendar day begins at
12:01 a.m.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
A.
No person shall offer to perform, or engage in, or attempt to engage
in the business of towing unless appointed by the governing body of
the Borough of Bergenfield.
[Amended 6-6-2013 by Ord. No. 13-2459]
B.
Official towers shall be identified by means of a
license which shall be issued as hereinafter provided.
D.
From calendar year to calendar year, the list of official
towers will remain as is, provided:
E.
If the official tower list decreases to two or fewer
towers for one or more of the above reasons, a notice announcing a
request for towers will be published in the Bergen Record advising
applications can be submitted to the Bergenfield Police Department
Traffic Bureau. Specific instructions on the method of submitting
an application will also be posted in this notice.
[Amended 3-18-2008 by Ord. No. 08-2403; 6-6-2013 by Ord. No.
13-2459]
A.
All official towers shall furnish adequate and proper
wrecking, towing, storage and emergency repair services to motor vehicles
damaged or disabled, and located, within the geographic limits of
the Borough, when requested to do so by an authorized Borough official.
The official tower must be available on a twenty-four-hour-a-day basis,
seven days a week, as scheduled by the Borough.
B.
A maximum response time of 15 minutes will be expected from each
official tower called by the Police Department. If the first called
official tower fails to respond within the expected response time,
or responds without the proper equipment or an approved driver, the
next listed official tower will be called. Failure to respond within
the stated response time will be considered a violation of the license,
and three or more violations will result in suspension of the official
tower license.
[Amended 6-6-2013 by Ord. No. 13-2459]
C.
Official towers are and remain responsible for coverage
for all periods for which they are scheduled. Should the scheduled
official tower require another tower to cover a portion of the assigned
schedule, (i) the substitution must be approved in advance by the
Police Department traffic supervisor or his designee and (ii) the
covering tower must be another official tower. Unauthorized arrangements
for coverage may result in the removal of the official tower and/or
the alternate official tower from the official tower list.
D.
Substitution of towers under the immediately preceding Subsection C is limited to ten per calendar year. Should alternate coverage in excess of 10 be required, the requesting official tower will be removed from the Borough’s official tower list.
E.
Official towers are limited to no more than three
missed tows during a calendar year. A missed tow in excess of this
number will constitute a ground for removal from the official tower
list for the remainder of the calendar year or such other period determined
in the sole discretion of the Borough.
F.
If an official tower is removed from the tow list
during a fiscal year, an official tower applicant will be added to
replace the official tower removed.
G.
The official tower shall be responsible for removing
all solid and sweepable debris resulting from a motor vehicle crash.
H.
When requested by the Police Department, the official
tower shall be responsible for the preservation of evidence.
I.
The official tower shall comply with all state and
federal laws and regulations concerning wages, hours and terms of
employment.
J.
The official tower will be required to file an employment
nondiscrimination statement.
K.
The official tower will be required to establish and
display to the public procedures for notification of vehicle owners
regarding storage fees and removal of vehicles from storage.
A.
Application.
(1)
Applications for inclusion on the official tower list
shall be made to the Mayor and Council upon a form provided by the
Borough Administrator and shall consist of an original and two true
copies, containing the following information:
(a)
The complete name of the applicant (including
the complete corporate and any "doing business" names), business address,
telephone number and federal/state entity numbers.
(b)
The residence and any other business address
and telephone numbers, including cell telephone numbers, of the owner
or the applicant. If the applicant or the owner is a corporation,
the application shall contain the name, residence and business address,
and telephone number of every stockholder or member owning more than
10% of the issued stock or membership interest.
(c)
Proof of ownership or valid lease of the vehicles
which will be utilized to provide services pursuant to this chapter.
(d)
Proof of ownership or valid lease of the proposed
vehicle storage area which will be utilized to provide services pursuant
to this chapter.
(e)
Such information as may be required by the Mayor
and Council concerning the personnel, vehicles, equipment, storage
facilities and complaint history of such applicant, all as hereinafter
provided, showing that the applicant meets the minimum standards of
performance.
(f)
A certificate or certificates of insurance evidencing
adequate insurance coverage as hereinafter provided.
(g)
The names and addresses of two business references
that have knowledge of the applicant's business practices for (at
least) the two years preceding the date of the application.
(h)
A nonrefundable fee of $150 to cover the administrative expenses
incurred by the Borough in processing the application.
[Amended 6-6-2013 by Ord. No. 13-2459]
(2)
An applicant may submit only one application. Persons
or entities with ownership interests in the applicant may not submit
applications for, on behalf of, or in regard to any other applicant.
An applicant may list more than one applicant-company vehicle on its
application.
B.
Upon receipt of a complete application, the Borough
Administrator will forward at least one copy to the Chief of Police
for review and approval. Review by the Chief of Police shall consist
of the following:
(1)
A background check to determine if either the applicant or the applicant's
personnel have been convicted of a criminal offense within the last
10 years or have had their drivers' licenses suspended or revoked
within the past year. Conviction of a criminal offense within the
past 10 years or suspension of a driver's license within the
past year shall be a cause for disqualification from inclusion on
the official tower list. Upon discovery of a criminal offense within
the last 10 years and/or a driver's license suspension within
the past year, the Chief of Police or his/her designee may exclude
only the affected personnel from the tower list or the entire tow
company.
[Amended 6-6-2013 by Ord. No. 13-2459]
(2)
Inspections of the vehicles, equipment and storage
area proposed to be utilized by the applicant to verify the accuracy
of the information contained in the application and to determine ability
to comply with applicable laws, regulations and the standards of performance
required by this chapter.
(3)
Interviews with the applicant and the applicant's
personnel.
C.
The Chief of Police will conduct the review and render
a report to the Mayor and Council, recommending either approval or
denial of the application and the reasons therefor, within 21 days
of receipt of the application from the Borough Administrator. The
Mayor and Council will take action with regard to the application
within 30 days of receipt of the report of the Chief of Police.
D.
If the applicant is initially denied a license by the Mayor and Council,
he/she will be permitted to request a hearing before the governing
body to appeal that denial. The decision of the Mayor and Council
on the appeal will be final.
[Amended 6-6-2013 by Ord. No. 13-2459]
E.
The Borough Clerk shall notify the applicant of all decisions regarding
approval or denial of applications. The Borough Clerk shall also notify
the applicant of the date, time and location of any hearings and/or
decisions.
[Amended 6-6-2013 by Ord. No. 13-2459]
F.
If the Mayor and Council fail to take action within
60 days of receipt of a complete application by the Borough Administrator,
the application shall be deemed to have been denied.
G.
An applicant may be included on the official tower
list by resolution adopted at a regular public meeting when, from
a consideration of the application and from such other information
as may otherwise be obtained, the Mayor and Council find that all
of the following circumstances exist:
(1)
The applicant has not knowingly, and with intent to
deceive, made any false, misleading or fraudulent statements of material
fact in the application or in any other document required pursuant
to this chapter or which was submitted to the Borough in connection
with the application.
(2)
The applicant has met the standards of performance
described in this chapter and has furnished the required hold-harmless
agreement and proper certificate(s) of insurance.
(3)
The application has been reviewed and approved by
the Chief of Police.
(4)
Neither the applicant nor the applicant's personnel have been
convicted of a criminal offense within the last 10 years for the following
crimes:
[Amended 6-6-2013 by Ord. No. 13-2459]
(a)
A crime under Chapter 11, 12, 13, 14 or 15 of Title 2C of the
New Jersey Statutes;
(b)
Motor vehicle theft or any crime involving a motor vehicle under
Chapter 20 of Title 2C of the New Jersey Statutes; or
(c)
Any other crime under Title 2C of the New Jersey Statutes relating
adversely to the performance of towing services or the storage of
motor vehicles as determined by the Bergenfield Police Department
Police Chief.
(5)
Neither the applicant nor the applicant's personnel have had
their drivers' licenses suspended within the past year.
[Added 6-6-2013 by Ord. No. 13-2459]
H.
Upon discovery of a criminal offense within the last 10 years and
a driver's license suspension within the past year, the Chief
of Police or his/her designee may exclude only the affected personnel
from the tower list or the entire tow company.
[Added 6-6-2013 by Ord. No. 13-2459]
A.
Upon approval of the application as herein provided,
the Borough Administrator will issue the applicant an official tower’s
license for each tow vehicle or flatbed vehicle to be utilized in
providing services pursuant to this chapter upon payment of the processing
fee of $150 for the application, a fee of $100 for the first license
and $50 for each additional license requested under the application.
B.
The official tower license shall be displayed in the rear window
of the tow vehicle or flatbed vehicle to which it is issued so as
to be visible to the public at all times. The license is not transferable
to any other vehicle, and only those vehicles displaying a license
and only those drivers approved to be towers shall be authorized to
perform the duties of official tower.
[Amended 6-6-2013 by Ord. No. 13-2459]
C.
The official tower license shall be valid for a period
of one year beginning on January 1 of the calendar year and shall
be nontransferable. This license shall be subject to revocation by
the Mayor and Council for any of the following reasons:
[Amended 3-18-2008 by Ord. No. 08-2403]
(1)
If it is subsequently determined that an applicant
or official tower knowingly, and with intent to deceive, made false,
misleading or fraudulent statements of material fact in the application
or in any other document required pursuant to this chapter or which
was submitted to the Borough in connection with the application or
official tower license.
(2)
Violation of any federal or state law or municipal
ordinance or regulation relating to the operation of a motor vehicle
or the provision of towing services.
(3)
Violation of any law, rule or regulation promulgated
by the New Jersey Department of Insurance or the New Jersey Division
of Consumer Affairs.
(4)
Unsatisfactory service provided pursuant to this chapter.
D.
If the official tower license is not revoked by the
Mayor and Council, the license will be renewed upon the payment of
the renewal fee of $100 for the first license and $50 for each additional
license requested by the official tower, payable in advance for the
next year on or before December 31; and a satisfactory inspection
of the vehicles, drivers and facility as requested by the Bergenfield
Police Department Traffic Bureau for each calendar year.
[Amended 3-18-2008 by Ord. No. 08-2403; 6-6-2013 by Ord. No.
13-2459]
E.
No official tower license is required for on-site repair and/or towing
or storage of any vehicle when the request is received by the official
tower from the owner of a vehicle.
[Amended 6-6-2013 by Ord. No. 13-2459]
To qualify for inclusion on the list of official
towers, applicants must meet the following minimum standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available
to render services required by this chapter a minimum of one regular
tow vehicle and one flatbed vehicle.
(2)
Vehicle classes.
(a)
Regular tow vehicles must be equipped with a
boom or winch assembly mounted on the chassis, a tow sling or wheel
lift assembly with at least 100 feet of either three-eighths-inch
or seven-sixteenths-inch cable attached to a motor driven winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed which slides or tilts to accommodate
transporting of vehicles.
(3)
Each applicant shall submit, along with its application,
proof of ownership or lease of the vehicles which will be utilized
to provide services pursuant to this chapter.
B.
Minimum equipment requirements.
(1)
Every tow vehicle or flatbed vehicle shall be equipped
with the following:
(a)
At least one amber rotating beacon or strobe
light mounted on the highest practical location of the vehicles, visible
from 360º when in use and visible at a minimum distance of 500
feet during daylight hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights affixed
on towed vehicles at night, red colored, when other lights not available.
(d)
Extra chains and cable for pulling or securing
a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar
or prybar, a set of jumper cables, a flashlight, one two-pound or
larger fire extinguisher of dry chemical type, one dozen flares or
similar warning devices for placement at the scene of a motor vehicle
crash or behind a disabled vehicle, and a sufficient quantity and
types of tools to enable the tow vehicle operator to perform proper
and adequate emergency repair services for the tow.
(2)
Every tow vehicle or flatbed vehicle shall be in compliance
with any and all applicable state, federal and local laws, regulations
and ordinances pertaining to safety, lighting and towing equipment
requirements, and shall be subject to inspection by the Chief of Police
or his designee at any time. No structural or other change may be
made to an inspected vehicle or equipment unless prior written approval
is obtained from the Borough.
(3)
Every tow vehicle or flatbed vehicle employed by the
official tower pursuant to this chapter shall display the official
tower license and shall have the name of the official tower displayed
on the vehicle in such manner and of such lettering as conforms to
the provisions of N.J.S.A. 39:4-46.
C.
Minimum personnel requirements. Official towers shall
have available, at all times, a minimum of two persons to provide
the services required by this chapter. All persons employed by official
towers to provide the services required by this chapter shall meet
the following requirements and be subject to the following regulations.
They shall:
(1)
Be competent mechanics able to provide minimum road
services for disabled vehicles.
(2)
Have a valid New Jersey auto driver’s license
or commercial driver’s license (where required) having no restrictions
or conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(3)
Be mentally alert at all times.
(4)
Obey all traffic laws and regulations.
(5)
Be subject to interview, and be approved, by the Chief
of Police of the Borough prior to rendering any services pursuant
to this chapter.
(6)
Not have been convicted of a criminal offense in the past 10 years
nor had the driving privilege suspended or revoked in the past year.
[Amended 6-6-2013 by Ord. No. 13-2459]
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building
or outside secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing a minimum of 10
passenger vehicles. All impounded vehicles shall be held in a secured
area, located either inside or outside in the secured area, for the
entire length of storage.
[Amended 3-18-2008 by Ord. No. 08-2403; 6-6-2013 by Ord. No.
13-2459]
(b)
The location of both the storage area and the
tow vehicle's base of service shall be either within the geographic
limits of the Borough or within two miles of its boundary line.
[Amended 3-18-2008 by Ord. No. 08-2403]
(c)
The storage area shall be fully enclosed by
a sturdy fence having a minimum height of six feet, with at least
one lockable gate for ingress and egress and shall be lighted from
dusk to dawn.
(d)
The storage area shall be in an area legally
zoned for such use.
(e)
The storage facility shall be available to the
official tower 24 hours a day, 365 days per year, and shall be open
to the public on weekdays during normal business hours and for limited
hours on weekends. The minimum hours for recovery of released vehicles
shall be from 8:00 a.m. to 6:00 p.m. on weekdays, and from 8:00 a.m.
to 12:00 noon on Saturdays. Recovery of vehicles on holidays, Sundays
or weekday and Saturday hours beyond those specified above may be
subject to arrangement by the vehicle owner and official tower. Vehicle
recovery hours shall be posted in a conspicuous location visible to
the public.
(f)
The Official Tower shall not charge a release
fee or make any other charge for releasing a vehicle to its owner
after normal business hours or on weekends.
(2)
The applicant shall, with its application, submit
proof of ownership or lease of the storage area.
(3)
The official tower shall be responsible for ensuring
the proper and safe storage of all vehicles towed pursuant to this
chapter. The official tower shall be liable for any damage incurred
by such vehicles while in transit to or while stored in the storage
areas.
(4)
The official tower is prohibited from piling of vehicles
or parking on public streets or sidewalks.
A.
The names of official towers shall be placed on a list by the Bergenfield
Police Department Traffic Bureau. When new towers are added to the
active list, they will be placed at the end of the list upon approval
of their application and issuance of their licenses. The list will
be disseminated at the beginning of the calendar year to all official
towers by the Bergenfield Police Department Traffic Bureau.
[Amended 6-6-2013 by Ord. No. 13-2459]
B.
The Borough will request wrecking, towing and storage
services from each official tower in weekly rotation. When called,
the official tower shall advise the dispatcher if a tow vehicle is
available and the estimated time of arrival. If no tow vehicle is
available or if, in the discretion of the Borough official making
the request, the response time is excessive under the circumstances
to properly protect the public health, safety or welfare, the next
official tower on the list will be called, with the first official
tower called placed at the bottom of the rotation list, and so on.
C.
Official requests for service may be made by the Borough
Administrator, Borough Clerk, the Superintendent of Public Works or
any member of the Police Department or Fire Department.
D.
The Borough will request service only from official
towers; provided, however, that if no emergency or road hazard exists,
the Borough will request service from such other person as the owner
of the motor vehicle in need of such services may request; and provided
further that, if no official tower is available or able to provide
services as requested by the Borough, or if an emergency exists, the
Borough may request services from any other available source.
E.
During adverse weather conditions, heavy traffic conditions
or emergency conditions, as determined in the sole discretion of the
Borough, official towers shall give priority to requests for service
received from the Borough over all requests received from any other
source.
[Amended 6-6-2013 by Ord. No. 13-2459]
All authorized towers will complete a hold-harmless
and indemnification agreement with the Borough annually.
A.
No person or entity shall be included on the official
tower list unless and until the Borough has been provided with an
appropriate certificate or certificates of insurance evidencing that
there is in effect the following insurance coverage:
[Amended 6-6-2013 by Ord. No. 13-2459]
(1)
Automobile liability insurance in an amount not less than $1,000,000
combined single limits.
(2)
Workers' compensation as required by law.
(3)
Garagekeepers' liability in an amount not less than $150,000
per location.
(4)
Garage liability of at least $1,000,000 combined limit.
(5)
Comprehensive general liability insurance in amounts and forms satisfactory
to the Borough's risk analyst sufficient to protect the Borough
from any liability, loss or damages arising out of the activities
to be conducted. In no event shall such insurance be less than $1,000,000
combined limit.
B.
Policies of insurance shall contain endorsements to
provide collision coverage for vehicles in tow.
C.
Policies of insurance shall be written by insurance companies authorized
to do business in the State of New Jersey. Insurance companies shall
be acceptable to the Borough and shall have at least an A rating by
a recognized rating service.
[Amended 6-6-2013 by Ord. No. 13-2459]
D.
The Borough of Bergenfield shall be named as an additional
insured on all policies of insurance provided pursuant to this chapter.
All certificates of insurance shall provide that the policies may
not expire, be canceled, terminated or have coverage decreased in
the absence of 30 days’ written notice to the Borough.
E.
Policies of insurance required by this chapter shall
be maintained in full force and effect at all times. In the event
any insurance coverage required by this chapter is canceled, terminated,
interrupted or decreased in amount, the official tower shall be removed
from the official tower list until such time as the required coverage
is reinstated or replaced and the circumstances are investigated by
the Mayor and Council.
A.
Fees for towing and storage of private passenger vehicles,
damaged in a crash, disabled or impounded, may not exceed the fees
established by N.J.S.A. 40:48-2.54 or by the New Jersey Division of
Consumer Affairs in the Department of Law and Public Safety pursuant
to N.J.S.A. 40:48-2.55. Clean up and sweep up of solid debris is included
in these fees.
(1)
Passenger vehicles: $100 within the Borough of Bergenfield or to
an official tower storage yard if located out of the Borough.
[Amended 6-6-2013 by Ord. No. 13-2459]
(2)
Flatbed tow: $100 to locations within the Borough of Bergenfield
or to an official tower storage yard if located out of the Borough.
[Amended 3-18-2008 by Ord. No. 08-2403; 6-6-2013 by Ord. No.
13-2459]
(3)
Commercial vehicle/truck (vehicles up to 15,000 pounds
and does not include passenger vehicles registered commercially):
$150 to locations within the Borough of Bergenfield or to an official
tower storage yard if located out of the Borough.
(4)
Heavy-duty
vehicle/truck (vehicles 15,000 pounds and above): $500 to locations
within the Borough of Bergenfield or to an official tower storage
yard if located out of the Borough.
[Amended 3-18-2008 by Ord. No. 08-2403]
(5)
Additional
mileage: $4 per mile (or part thereof) beyond the Borough border for
passenger vehicle tows, flatbed tows and commercial vehicle/truck
tows (up to 15,000 pounds); $7 per mile (or part thereof) beyond the
Borough border for heavy-duty vehicle/truck tows (15,000 pounds and
above).
[Amended 3-18-2008 by Ord. No. 08-2403]
(6)
Additional
services: $50 per 1/2 hour to a maximum of $150, for winching, rolled
vehicles, cleanup beyond clearing of a motor vehicle crash site, etc.;
$100 per 1/2 hour to a maximum of $450 for the same services performed
on a heavy-duty vehicle/truck. Special services must be specified
on the tow bill. Any violation of the fee schedule or excessive billing
will be considered a violation of this chapter. Violations of this
nature will be handled by the Bergenfield Police Department Traffic
Bureau. Penalties shall range from warnings for the first offense,
suspension for a one-week time frame for the second violation, and
exclusion from the tower list for the third violation.
[Amended 3-18-2008 by Ord. No. 08-2403; 6-6-2013 by Ord. No.
13-2459]
(7)
Road
service: $50 per call for flat tire, jump start, lockout or other
nonmechanical issues; $100 per call for the same services performed
on a heavy-duty vehicle/truck.
[Amended 3-18-2008 by Ord. No. 08-2403]
(8)
Decoupling fee: $42 for passenger vehicles; $75 for heavy-duty vehicles.
[Added 6-6-2013 by Ord. No. 13-2459]
B.
The following is the fee schedule for storage services:
(2)
Impound charges: Additional storage shall not accrue
if the vehicle has been released by the Bergenfield Police Department
but the official tower is not available to release it. In that case,
the impound charge will not accrue if the vehicle owner is on-site
at the storage facility and can perform all acts necessary to retrieve
the vehicle by 10:00 a.m. of the next business day.
C.
Pursuant to N.J.S.A. 40:48-2.55[b], the schedule of
services and rates for towing of motor vehicles shall be submitted
to the New Jersey Division of Consumer Affairs for review within 90
days of the effective date of this chapter. In the event of revision
by the Division of Community Affairs, this chapter shall be amended
accordingly.
D.
Fees for towing and storage of private passenger vehicles,
other than those damaged in a motor vehicle crash or recovered after
being stolen, may not exceed the fees set forth above.
E.
The fees set forth on the schedule for towing rates
are the maximum charges that shall apply to a private passenger automobile
for basic towing services. There shall be no additional charges other
than those provided herein, including, but not limited to, flatbedding,
waiting time, winching, cleanup cost, and additional labor when only
basic towing services as defined are provided. Tow vehicles transporting
multiple passenger cars at one time shall receive the applicable fees
for each vehicle transported.
F.
The fees set forth on the schedule for storage fees
are the maximum storage charges per calendar day that shall apply
to a private passenger automobile that is stored.
G.
Private property towing.
[Added 6-6-2013 by Ord. No. 13-2459]
(1)
No person shall tow any motor vehicle parked for an unauthorized purpose from any privately owned parking lot, from other private property or from any common driveway without the consent of the motor vehicle owner or operator, unless the tower is authorized to act by the owner of the private property as set forth in Subsection G(2), and there is posted in a conspicuous place at all vehicular entrances to the property which can easily be seen by the public a sign no smaller than 36 inches high and 36 inches wide stating:
(a)
The purpose or purposes for which parking is authorized and
the times during which such parking is permitted;
(b)
That unauthorized parking is prohibited and unauthorized motor
vehicles will be towed at the owner's expense;
(c)
The name, address and telephone number of the towing company
that will perform the towing;
(d)
The charges, which shall not exceed the fee specified in the
tariff on file with the director, for the towing and storage of towed
motor vehicles;
(e)
The street address of the storage facility where the towed vehicles
can be redeemed after the payment of the posted charges and the times
during which the vehicle may be redeemed; and
(f)
The tower and the private property owner and the towing company
must have entered into a contract for the towing services.
(2)
A towing company shall not remove a motor vehicle from private property
without the consent of the owner or operator of the vehicle without
first obtaining written authorization from the property owner or lessee,
or its employees or agent.
(3)
Except as provided in Subsection G(4), of this section, the owner or person in lawful possession of private property may cause the removal of the motor vehicle parked on the property to a storage facility that conforms to the requirements of § 284-6D, if signs are posted on the property as required under Subsection G(1) of this section, or if the vehicle is parked on the property for longer than 48 hours and the towing company complies with the requirements of this chapter.
(4)
The provisions of Subsection G(1) of this section shall not apply to a motor vehicle parked on a lot or parcel on which is situated a single-family unit or an owner-occupied multi-unit structure of not more than six units or in front of any driveway where the motor vehicle is blocking access to that driveway.
(5)
A towing company must release the vehicle to its owner who returns
to the vehicle before it is removed from the property. In such instances,
the towing company shall only charge the decoupling fee and not require
payment of the full basic tow fee.
(6)
Notification to the Police Department. The towing of any vehicle
without consent of the owner must be reported to the Bergenfield Police
Department prior to removal of the vehicle from the property. The
towing operator must advise the Police Department of the time and
place from which the vehicle was towed, the license number, the vehicle
identification number, the make, the model and color of the vehicle,
and the location to which the vehicle was towed, and provide the Police
Department the opportunity to verify that the license number matches
the vehicle identification number.
A.
Copies of this chapter and the schedule of fees that
may be charged by official towers shall be made available to the public
during normal business hours at the Borough Hall. Copies shall also
be made available to the public at each official tower's place of
business.
B.
All official towers shall post, in a prominent place
at each storage area clearly visible to the public, a schedule of
the fees that may be charged for all services provided pursuant to
this chapter.
C.
The Borough reserves the right to make periodic unannounced
inspections of the personnel, vehicles, equipment and storage areas
of all official towers.
D.
The relationship between official tower and the Borough
is one of an independent contractor. Neither party shall be construed
in any manner whatsoever to be an employee of the other, nor shall
any employee or agent furnished by any party be construed to be an
employee or agent of the other party. Inclusion on the official tower
list shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit-sharing agreement.
E.
The Borough shall not be liable or responsible for
compensating the official tower for any of the services performed
under this chapter unless those services are performed for Borough
vehicles. Compensation shall be the responsibility of the owner of
the towed motor vehicle and the official tower shall proceed directly
against the owner.
F.
The official tower shall, at all times, be solely
responsible for the conduct of its employees.
G.
Each official tower shall keep and maintain adequate,
detailed and complete records showing all vehicles towed, stored and
released, all services rendered, all fees charged and collected, and
all documents related to the official tower license. All such records
shall be available for inspection by the Borough at any time during
normal business hours. Such records shall be kept, maintained and
safeguarded by the official tower at one location and shall be retained
for a period of no less than seven years. Records may be written,
printed or computerized as long as the requirements of this subsection
are met.
H.
As stated above § 284-6B(2), no structural changes to tower's vehicles licensed as Borough tow vehicles are permitted without prior written approval from the Borough. Any alterations to a licensed tow vehicle without this approval will be considered a violation of this chapter. Violations of this nature will be handled by the Bergenfield Police Department Traffic Bureau. Penalties shall range from warnings to exclusion from the tower list.
[Added 6-6-2013 by Ord. No. 13-2459]
I.
Any changes made to the tower's facility or personnel must be
provided to the Bergenfield Police Department Traffic Bureau within
three calendar days for inspection/background checks. Failure to make
prompt notification will result in a violation of this ordinance.
If changes to the facility or personnel do not meet the requirements
of this ordinance, the tower may be immediately excluded from the
tow list. Violations of this nature will be handled by the Bergenfield
Police Department Traffic Bureau. Violations range from warnings to
exclusion from the tower list.
[Added 6-6-2013 by Ord. No. 13-2459]
A.
Complaints involving the improper or unsatisfactory
performance of services by an official tower, excessive charges or
damage to a motor vehicle while in the custody of the Official Tower,
or any other reason, may be lodged with the Police Department Traffic
Bureau upon the prescribed form. In the event of receipt of a complaint,
written notice of its receipt, together with a copy of the complaint,
shall be provided by the Borough Administrator to the official tower
involved. The official tower shall have the opportunity to respond,
in writing, within five days.
B.
Within 14 days of receipt of the official tower's
response, or within 21 days of the receipt of the complaint, if no
response is received, the matter will be presented by the Borough
Administrator to the Mayor and Council.
C.
The Mayor and Council shall consider the matter at
a regular public meeting and may request that the complainant and/or
the official tower appear and give testimony regarding the complaint.
D.
If, after considering the matter, the Mayor and Council shall determine that one of the causes for revocation of the official tower's license, as set forth in § 284-5C, exists, the license of the official tower shall be revoked and the official tower shall surrender same to the Borough Administrator within one day.
E.
Failure to surrender the official tower license upon
revocation shall constitute a violation of this chapter.
F.
Nothing contained herein shall prevent or limit the
right of any person to commence or maintain an action for damages
or any other relief directly against an official tower in a court
of competent jurisdiction.
A.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not
to exceed $750, and each violation of any of the provisions of this
chapter and each day the same is violated shall be deemed and taken
to be a separate and distinct offense.
B.
In addition to the fine provided above, a violation of any of the
provisions of this chapter shall be cause for revocation of the official
tower's license for the remainder of the calendar year plus one
additional calendar year before the tower is eligible for reapplication.
[Amended 6-6-2013 by Ord. No. 13-2459]
