[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell 1-2-2001 by Ord. No. 1122.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded Ord.
No. 1112, adopted 9-19-2000, regulating vehicle towing and storage
services.
A.
No towing operator shall operate within the Borough
of Oradell for police requested towing services and/or storage services
unless the towing operator has obtained a license issued by the Borough.
B.
The requirement for a license shall commence as of
January 1 following the adoption of this chapter and shall be required
to be renewed each year thereafter on or before January 1 of that
year.
C.
There shall not be more than five licenses issued
under this chapter which shall be in effect at one time.
A.
Owner-requested service. No license shall be required
for the on-site repair and/or towing or storage of any vehicle when
the request is received by the towing operator from the owner prior
to a police request or if the owner or operator of a vehicle requests
the police contact a tow company of their choice.
B.
Towing from private property. No licensee shall be
required by the police to tow any vehicle from private property without
the consent of the owner except on the express instruction of the
police in the event of an emergency.
License shall be issued for one calendar year
commencing January 1 or as an interim license for any unexpired term
of a license, expiring the next succeeding January 1 at 12:00 midnight.
A.
Form; required information. An application for a license
shall be in writing, signed by the applicant, and shall contain all
information necessary to evidence the applicant's identity and legal
address, compliance with the requirements of this chapter and the
ability to perform the towing services and storage services contemplated
by this chapter.
B.
Filing. Application shall be filed with the Borough Clerk, together
with a certified check for the application fee of $250. The Borough
Clerk shall give 30 days' public notice in an official newspaper of
the Borough of the date on which the license applications are to be
received pursuant to this chapter.
[Amended 5-23-2017 by Ord. No. 17-03]
C.
Rotating list. The Borough shall accept and place
on its rotating list of towing operators the first five towing operators
which submit completed application forms and which comply with all
of the requirements of this chapter.
D.
The licensee must be of good business character and
reputation.
E.
A licensee must have at least three years' experience,
as a sole proprietor, partner or as an employee in the towing of vehicles,
in order to be considered for the issuance of a license.
F.
The licensee shall submit proof of ownership by record
title of the required tow truck and flatbed tow truck. A copy of the
registration for each vehicle and copies of current and valid insurance
policies and cards shall be submitted to the Borough Clerk.
[Amended 5-23-2017 by Ord. No. 17-03]
A.
All applications shall be investigated and evaluated by the Borough
Police Chief or his designee regarding the applicant's background
and qualifications, and a report of the Police Chief's findings and
recommendations shall be submitted to the governing body within 30
days of the receipt of said application. All applicants shall execute
releases for information to be obtained by the Police Chief to complete
the investigation and evaluation.
B.
All applications are subject to review and approval by the governing
body of the Borough of Oradell. Only those applicants that are responsible
and qualified pursuant to the provisions of this article shall be
approved. All approved applicants shall be required to execute contracts
with the Borough of Oradell to provide the towing and storage services
referred to herein.
C.
All billings for towing and storage services shall be itemized for
the services actually rendered pursuant to the fee schedule as set
forth herein. A copy of the fee schedule shall be available to the
public at the towing operator's place of business during normal business
hours.
D.
The towing operator shall have the ability to apply for junk titles
and to arrange and dispose of junk cars.
E.
The towing operator shall agree to defend, indemnify and hold harmless
the Borough of Oradell for any and all suits; judgments; costs; expenses,
including attorney's fees and claims on account of breach of contract;
damaged property; or personal injuries, including death, arising out
of or in any way connected with the towing and storage services to
be provided.
F.
The governing body hereby designates the Police Department, generally,
and the Chief of Police, in particular, or his designee, as the supervising
authorities to enforce the provisions of this article as well as the
rules and regulations adopted hereunder.
G.
Refusal to tow an abandoned or stolen motor vehicle or at the scene
of a motor vehicle accident may result in the disqualification of
the towing operator, and a report of said refusal shall be furnished
to the Chief of Police and the Borough Clerk by the investigating
officer at the scene of the accident as soon as possible.
H.
If the licensee summoned is unable to respond within the time constraints
specified in this chapter, he or it shall so notify the individual
requesting the service and the Police Department and shall advise
as to the reason for the delay and when the licensee will be able
to respond.
I.
The towing operator operating pursuant to the license issued hereunder
shall not employ, either directly or indirectly, any personnel or
employees of the Borough of Oradell.
J.
The Borough of Oradell Police Department shall maintain a log record
of calls to the licensed towing operator, and said record shall be
available for inspection by any licensed tow operator upon reasonable
notice.
K.
An individual whose motor vehicle has been towed and/or stored has
the right to retrieve any of his or her personal possessions therefrom,
even when said motor vehicle is within the possession of the towing
operator. "Personal property" shall be defined to mean anything that
is not permanently attached to the motor vehicle so as to be an integral
part thereof. An individual seeking the retrieval of any personal
items shall arrange with the towing operator to obtain said items
and shall be required to execute a receipt therefor. The towing operator
shall maintain copies of all such receipts.
L.
The Borough of Oradell reserves the right to review the qualifications
of any personnel employed by the towing operator at any time.
M.
The towing operator and any of his or its employees are independent
contractors, and they do not represent nor are they employed by the
Borough of Oradell.
N.
The towing operator shall, at all times, be responsible for the conduct
of his or its employees and shall be liable to the Borough of Oradell
and the owners of any motor vehicles towed or stored by the towing
operator for any injuries, damages or costs incurred as a result of
the conduct of said employees.
O.
The towing operator shall comply with all state and federal laws
and regulations concerning the hiring of employees, their wages, hours
and terms of employment.
P.
The Borough of Oradell is not liable for any of the services performed
by the contractor unless those services are performed for municipal
vehicles. The contractor shall proceed directly against the individual
owner of the motor vehicle for all fees and charges incurred.
Q.
The towing operator shall maintain a record of all vehicles towed,
including the date towed, where the vehicle was stored, when the vehicle
was released and the fees charged, together with any and all other
services rendered. Said records shall be maintained at the principal
place of business of the towing operator as set forth on the application,
and said records shall be maintained for a minimum of three years.
[Amended 10-27-2015 by Ord. No. 15-10]
A.
Each of the first five approved licensees shall be placed on a list
of rotating basis by the Chief of Police. A calendar shall be prepared
designating each day on the calendar as the day that a licensed tow
truck operator is responsible. A licensed towing company may substitute
another company for the date scheduled for the towing company if the
substitute company is on the licensed towing list.
[Amended 5-23-2017 by Ord. No. 17-03]
B.
The licensed tow company must be available to tow cars on a twenty-four-hour-a-day
basis. If the company on duty is not available on a particular day,
then the next listed company will be called. Nonavailability on the
date scheduled, without a substitute company, will be considered a
violation of the license.
C.
A licensed towing company will be responsible for cleaning any debris
left at the accident scene.
D.
A response time of 15 minutes will be expected from each licensed
towing company called by the Police Department. If the towing company
on duty fails to respond within the time period, the next listed licensed
towing company will be called. Failure to respond within the stated
time frame will be considered a violation of the license.
E.
All licensed towing companies will provide road service calls as
required by the Police Department. Such calls shall include jump-starting
vehicles, changing tires and opening locked vehicles. The fee for
these services shall be at a fair rate.
A.
General. The Chief of Police shall have the right
to suspend any license issued under this chapter upon the determination
that there have been two violations of the licensed towing company
guidelines and regulations.
B.
The Chief of Police shall be the sole administrator
of this list, and any violations or complaints concerning any licensed
tow truck company shall be addressed to the Chief of Police.
C.
Any licensee suspended shall cause the company to
be removed from the list for one year from the date of the suspension.
The licensed tow company which has been suspended may reapply to be
on the rotating list on January 1 of the year after the suspension
has been lifted.
B.
Tow truck lettering. All tow trucks shall be properly
lettered on both sides in accordance with law.
C.
Maintenance. All equipment used by the licensee in
performing its obligation under the license shall be maintained in
good and safe condition and may be inspected for such condition by
the police at any time, wherever located. Any deficiency in such condition
reported by the police to the licensee shall be promptly corrected,
and any failure to correct may be cited as a violation of the license
pursuant to this chapter.
A.
Each licensee shall provide, at a minimum, indoor
storage for three vehicles and outdoor secure storage for a minimum
of five vehicles.
B.
The required storage area shall be located within
2.5 miles of the Borough's boundaries. The hours of recovery of vehicles
shall be from 8:00 a.m. to 6:00 p.m., weekdays, and 8:00 a.m. to 12:00
p.m., Saturdays and holidays. Facilities shall be kept clean and in
good order to accommodate persons who may enter facilities with respect
to any vehicles stored therein.
A.
Each tow truck driver of a licensee must have an appropriate
valid New Jersey driver's license with no restrictions or conditional
endorsements, except conditions requiring glasses. Each driver shall
be of good moral character, mentally alert, and present a neat appearance
at all times.
B.
All tow truck drivers and other personnel of a licensee
shall be fully trained and knowledgeable in tow truck and storage
operations and equipment.
The Borough and its police shall not be liable
to a licensee with respect to services rendered to any owner pursuant
to the license or otherwise. The licensee shall look only to the owner
of such vehicle for payment of service charges or any other compensation.
A.
The licensee shall have in effect, prior to application,
and at all times during the term of the license, the following insurance:
(1)
Automobile. Bodily injury, liability, property damage
combined single limit: $500,000.
(2)
Premises liability. Bodily injury, liability, property
damage combined single limit: $500,000.
(3)
Umbrella (excess third-party liability): $1,000,000.
(4)
Garage keeper/legal liability per location: $1,000,000.
(5)
Garage keeper's liability: $1,000,000.
(6)
Worker's compensation: in accordance with New Jersey
State Requirements.
B.
The licensee shall supply a certificate of insurance
to the Borough Clerk describing every policy of insurance identifying
the Borough as additional insured. Each such certificate of insurance
shall contain a provision that no cancellation of the policy shall
become effective until after the expiration of 15 days' written notice
of such proposed cancellation is forwarded by the insurance company
to the Borough Clerk.
The application of a towing operator for a license
pursuant to this chapter shall include an agreement by the towing
operator that, upon the issuance of a license, the licensee shall
indemnify the Borough against all claims of third parties relating
to towing services, storage services or any other roadside services
provided by the licensee.
The Chief of Police may issue rules and regulations
from time to time on the operation of the towing services and storage
facilities to implement but not exceed the purposes of this chapter.
The license required by this chapter shall not
be transferred or assigned without prior written consent of the Chief
of Police.
A.
The fees for basic towing services and/or storage
of an automobile, as defined above, which is damaged in a motor vehicle
accident or recovered after being stolen or abandoned shall not exceed
the fees of the New Jersey State Police towing rates published and
updated on an annual basis.
[Amended 5-23-2017 by Ord. No. 17-03; 11-26-2019 by Ord. No. 19-20]
(1)
Additional rate provisions.
(a)
The towing rate shall be calculated based on
the total distance traveled from the tow vehicle’s base of service
to the job site and return by way of the shortest available route.
Fractions shall be rounded up to the nearest whole mile. There shall
be no additional charges to the vehicle owner when picking up or removing
a vehicle from the storage area or for flatbedding, waiting time,
winching, cleanup costs and additional labor.
(b)
Tow vehicles transporting multiple vehicles
at one time shall receive applicable fees for each vehicle transported.
(c)
Every operator of a towing service shall, prior to the actual
towing or storage of any vehicle, give the owner a written estimate
of costs and a written receipt when paid, upon request.
(d)
Each licensed towing operator shall have available at its principal
place of business a copy of its fees and shall make same available
to the public during normal business hours.
B.
The licensee shall charge only one-day storage for
each twenty-four-hour period to commence from the time on the ticket
tow sheet.
C.
The above charges are subject to the New Jersey State
sales tax, and the same shall be added to said amounts.
D.
The above charges shall be on file with the Borough
Clerk's office.
