[HISTORY: Adopted by the Council of the Borough
of Fair Lawn 3-11-1997 by Ord.
No. 1675-97. Amendments noted where applicable.]
For reference purposes, this chapter shall be
known as the "Towing, Road Service and Storage of Vehicles Ordinance
of the Borough of Fair Lawn."
The purpose and intent of this chapter is to provide, pursuant
to N.J.S.A. 40:48-2.49 et seq., N.J.S.A. 56:13-7 et seq. and as guided
by the New Jersey Division of Consumer Affairs, and as guided by the
Garden State Towers Association, Inc., criteria and standard operating
procedures that are reasonable, nonexclusionary, and nondiscriminatory
in the selection and use of towing operators on a rotational basis,
by the Borough, and the operation of towing services and booting services
generally. It shall include towing, road service and the storage
of vehicles, including, but not limited to, the removal of vehicles
that are abandoned, disabled, illegally parked or stolen, involved
in accidents, and/or those vehicles suspected or identified by the
Borough as being involved in criminal activities.
[1]
Editor's Note: This ordinance, which revises numerous sections
throughout this chapter, provided that it shall take effect 6-29-2015.
As used in this chapter, the terms listed below
shall be defined as follows:
Any group of products used to soak up spills or vehicle fluids,
including oil dry, absorbent pads, socks, booms, etc.
[Added 4-28-2015 by Ord. No. 2342-2015]
Charges for services, including but not limited to physical
inspection, telephone and/or fax calls, copying of documentation,
removal of personal items and additional office paperwork before and
at the time of release.
[Added 4-28-2015 by Ord. No. 2342-2015]
Upon approval of a tow company application, the Borough shall
issue an annual towing company license. The tow company license shall
be valid from May 1 of the issuing year and shall expire on April
30 of the following year.
[Added 4-28-2015 by Ord. No. 2342-2015]
The removal and transportation of a vehicle from a highway,
street or other public or private road, parking area or from a storage
facility. This chapter and the definitions herein shall not include
the recovery of a vehicle from a position beyond the public right-of-way
or berm or from being impaled upon any other object outside of the
public right-of-way or berm.
Any device that is attached to a vehicle that prevents the
vehicle from being driven.
[Added 9-12-2006 by Ord. No. 2059-2006]
Any person, company, corporation, or other entity who or
which engages in or who or which owns or operates a business which
engages in whole or in part in the booting of vehicles.
[Added 9-12-2006 by Ord. No. 2059-2006[1]]
[Amended 4-28-2015 by Ord. No.
2342-2015]
LIGHT-DUTY TOW TRUCKUsed to tow and recover small light-duty vehicles up to 10,000 pounds.
MEDIUM-DUTY TOW TRUCKUsed to tow and recover small commercial type vehicles up to 26,000 pounds or light-duty vehicles unable to be recovered with light-duty tow truck or flatbed.
HYDRAULIC FLATBED CAR CARRIERCommercial motor vehicle designed exclusively to transport motor vehicles by means of bodily winching motor vehicles from roadway level up onto hydraulic bed for transporting purposes.
The operation of a wrecker by a towing operator along the
public streets in any fashion intended to solicit or to take advantage
of the prospect of towing, without being called to the scene or immediately
engaged in a towing service.
[Added 9-12-2006 by Ord. No. 2059-2006]
[Added 4-28-2015 by Ord. No. 2342-2015]
STANDARDRefers to the amount of debris removal that should reasonably be anticipated at the scene of a motor vehicle crash or incident. The standard site cleanup is usually defined from the point of impact to the final resting place of the vehicle and the associated debris field.
EXTENSIVERefers to the removal of debris as defined in "standard cleanup," and areas of pre- and post-impact where vehicle disintegration and/or other property damage occurs as a result of a crash or other incident.
A vehicle which has been abandoned, impounded or rendered
inoperable as a result of a mechanical failure, involvement in an
accident or criminal activity. A vehicle, the location of which constitutes
a hazard to the motoring public, shall be deemed disabled for the
purposes of this chapter.
The additional personnel needed to complete a recovery, winching
or towing of a vehicle that is beyond the scope of a basic tow. The
charge for additional personnel shall be based on a per-person hourly
rate with a one-hour minimum.
[Added 4-28-2015 by Ord. No. 2342-2015]
The act of storing and confining a vehicle upon an order
of the Police Department at either the towing operator's storage area
or at the borough facility as a result of abandonment involvement
in an accident or suspected criminal activity, or disabled as defined
in "disabled vehicle" above.
A vehicle storage facility that is completely indoors, having
one or more openings or storage bins in the walls for the storage
of vehicles and that is secured by a locking device on each bin or
opening.
The additional work done at the scene by the tow truck operator
that is beyond the scope of a basic tow. The charge for additional
labor shall be based on an hourly rate in fifteen-minute increments.
[Added 4-28-2015 by Ord. No. 2342-2015]
A vehicle storage facility that is not completely indoors
and that is secured by a fence, wall or other man-made banner that
is at least six feet in height and is protected with on-site security
or an alarm system. Outside storage facilities shall also maintain
adequate lighting to protect stored vehicles from vandalism.
A vehicle 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 under "inside building storage facility"
and "outside secured storage facility" above as inside a building
or outside secured.[2]
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 4-28-2015 by Ord. No. 2342-2015]
Servicing a disabled vehicle to repair or replace a tire,
dispense gasoline, gain access to a locked vehicle, charge a battery
and similar road services.
[Added 9-12-2006 by Ord. No. 2059-2006]
Covering or recovering a vehicle to prevent against further
weather damage or unauthorized access.
[Added 4-28-2015 by Ord. No. 2342-2015]
The moving or removing from public or private property or
from a storage facility by a motor vehicle of a consumer's motor
vehicle that is damaged as a result of an accident or otherwise disabled,
is recovered after being stolen or is illegally or otherwise 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. Dues or other charges of clubs or associations
which provide towing services to club or association members shall
not be considered a service charge for purposes of this definition;
and when a tow truck and/or hydraulic flatbed carrier takes in its
possession the care, control and custody of a motor vehicle by means
of standard industry procedures.
[Added 4-28-2015 by Ord. No. 2342-2015]
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
[Added 4-28-2015 by Ord. No. 2342-2015]
A person, firm, corporation or partnership engaged in the
business of providing towing, road and storage services for vehicles.
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a consumer's motor vehicle
that is damaged as a result of an accident or otherwise disabled,
is recovered after being stolen or is illegally or otherwise 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 section 1 of P.L. 1967, c. 305 (N.J.S.A. 39:4-56.5),
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with section 1 of P.L. 1973, c.137 (N.J.S.A. 39:4-56.6).
[Added 4-28-2015 by Ord. No. 2342-2015]
Shall include any person, company, corporation, or other
entity, whether licensed or not, that engages in or that owns or operates
a business which engages, in whole or in part, in the towing or removal
of motor vehicles for compensation.[4]
[Added 9-12-2006 by Ord. No. 2059-2006]
Owner and/or insurance representative must be accompanied
into the secured storage yard facility to inspect, remove personal
belongings, adjust and take vehicle photographs. Documentation such
as the driver license of the vehicle owner or business card of the
insurance representative must be photocopied and time stamped when
this additional service is performed.
[Added 4-28-2015 by Ord. No. 2342-2015]
A person, firm, corporation or partnership who owns and/or
operates a vehicle on the roads and highways within the Borough of
Fair Lawn, which vehicle, by reason of being disabled or abandoned
on the roads and highways of the Borough, requires towing and/or storage.
[Added 4-28-2015 by Ord. No. 2342-2015]
Additional time a tow operator spends at the scene other
than the time required for actual tow and/or recovery.
[Added 4-28-2015 by Ord. No. 2342-2015]
The process of moving a motor vehicle by the use of additional
chains, slings and additional lengths of winch cable from a position
that is not accessible for direct hook up by conventional means for
towing and/or loading onto a tow vehicle. Winching is not pulling
a vehicle onto a flatbed carrier or lifting a motor vehicle by conventional
means (tow slings, wheel lift, etc.).
[Added 4-28-2015 by Ord. No. 2342-2015]
Material used to cover exposed areas from weather elements.
[Added 4-28-2015 by Ord. No. 2342-2015]
The process of removing wreckage from the roadway, e.g.,
the vehicle and its debris, including the removal of vehicle pieces
and other objects from a crash scene, with the end result being that
roadway is returned to pre-crash condition.
[Added 4-28-2015 by Ord. No. 2342-2015]
[1]
Editor's Note: The former definition of "class A vehicle,"
added 9-12-2006 by Ord. No. 2059-2006, which immediately followed
this definition, was repealed 4-28-2015 by Ord. No. 2342-2015.
[2]
Editor's Note: The former definitions of "owner" and "private
parking lot," the latter of which was added 9-12-2006 by Ord. No.
2059-2006, which immediately followed this definition, were repealed
4-28-2015 by Ord. No. 2342-2015.
[3]
Editor's Note: The former definition of "tow," added 9-12-2006
by Ord. No. 2059-2006, which immediately followed this definition,
was repealed 4-28-2015 by Ord. No. 2342-2015.
[4]
Editor's Note: The former definitions of "trespass towing"
and "wrecker," added 9-12-2006 by Ord. No. 2059-2006, which immediately
followed this definition, were repealed 4-28-2015 by Ord. No. 2342-2015.
The Chief of Police and the Borough Manager
are hereby designated to administer and enforce all provisions of
the Towing, Road Service and Storage of Vehicles Ordinance.
[Amended 4-28-2015 by Ord. No.
2342-2015]
A.Â
Application. It shall be the responsibility of the Police Department to review all applications submitted by towing operators to be considered for providing this service to the Borough. On forms provided by the Borough, applications will be accepted approximately two months prior to the expiration of the existing tow licenses. A nonrefundable fee to cover the administrative expense of processing the application shall be collected at the time of application as set forth in § 94-12Z. All towing operators shall submit documentation that they are in compliance with current New Jersey laws and the qualification and criteria requirements set forth below.
B.Â
Qualifications and criteria.
(1)Â
Insurance.
(a)Â
Guideline. The towing operator shall maintain insurance policies
of the type and with the minimum limits indicated below and in a form
satisfactory to the Borough. The towing operator shall provide a certified
copy of the policies and/or certificates of insurance satisfactory
to the Borough of Fair Lawn prior to the commencement of work.
(b)Â
Garage liability insurance. Limit of liability shall not be
less than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence including premises operations and products/completed
operations.
(c)Â
Automobile liability insurance. Limit of liability shall not
be less than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence.
(d)Â
Garage keeper's legal liability insurance. Physical damage
insurance policies shall be specifically endorsed to provide direct
primary insurance, where applicable, for vehicles in tow, possession
of or storage on property owned or controlled by the operator. Limit
of said coverage shall be not less than $100,000.
(e)Â
Excess umbrella insurance. Limit of liability shall be not less than $1,000,000 providing protection in excess of the $1,000,000 garage and auto liability coverage. NOTE: this requirement may be waived if the limits of liability in Subsection B(1)(b) and (c) above are not less than $1,500,000 combined single limit.
(f)Â
Additional Insured. On all liability policies, the Borough of
Fair Lawn shall be added as an additional insured, and insurance certificates
shall indicate such coverage as primary coverage notwithstanding any
insurance carried by the municipality.
(g)Â
Worker's compensation insurance. Statutory coverage, including
employers' liability coverage with a limit of at least $500,000/$500,000/$500,000.
(h)Â
Additional insurance requirements.
[1]Â
Certified copies of all insurance policies provided above or
certificates thereof satisfactory to the Borough of Fair Lawn shall
be furnished prior to a towing operator performing towing services.
Each such policy or certificate shall contain a provision that it
is not subject to change, cancellation or nonrenewal unless 30 days'
prior written notice via certified mail/return receipt shall have
been given to the Borough of Fair Lawn by the towing operator's
insurer. These must be received 30 days prior to commencement of towing
operations.
[2]Â
Providing any insurance required herein does not relieve the
towing operator of any of the responsibilities or obligations assumed
by it for which it may be liable by law or otherwise.
[3]Â
If any policies contain deductibles or copayments, it shall
be the responsibility of the towing operator to pay such sums at the
same time a claim is settled by its insurance company.
[4]Â
If any policies contain limits of liability with an aggregate
limit, the towing operator or its insurance company shall provide
the municipality, quarterly during the policy period, a statement
evidencing the limits of liability required to be in force.
[5]Â
Failure to provide and continue in force such insurance as required
above shall be deemed a material breach by the towing operator.
[6]Â
All policies shall be written in either a company licensed to
do business in the State of New Jersey or a New Jersey eligible Surplus
Lines Company, with a minimum Best rating of A-X. They shall be written
on an ISO (Insurance Service Office) form or better.
(2)Â
Indemnity. The towing operator will defend, indemnify and hold harmless
the Borough from any and all claims for personal injury or property
damage arising out of the operation of any towing services or repair
services. The towing operator will further defend the municipality,
at its expense, in connection with any claim, demand, suit or action
brought against the municipality arising out of the awarding or operation
of any towing, garage or repair services under this chapter.
(3)Â
Business office. Any person, firm, corporation or partnership operating
a towing and storage business shall endeavor to maintain a principal
place of operation within the Borough as a property taxpayer. In maintaining
a principal place of operation with the Borough, any person, firm,
corporation or partnership operating a towing and storage business
shall conform to a legally approved zoning and/or site plan and shall
comply fully with all of the Borough's zoning, land use and property
maintenance codes. Failure to comply with the Borough's zoning,
land use and development and property maintenance codes may subject
any operator to suspension from the Rotational Duty Service List upon
request to the Borough Manager from the Borough's Construction
Code Official, Zoning Officer or Property Maintenance Officer. In
no event shall the principal place of operation be further than one
mile from the border of the Borough of Fair Lawn.
(4)Â
Storage facility. All towing operators shall have a storage facility which can accommodate a minimum of 10 medium-sized vehicles. The storage facilities shall be lighted, fenced and/or secured in order to guarantee the safe storage of all vehicles in accordance with the minimum requirements for indoor and outdoor secure and unsecured storage facilities as defined under § 223-3 of this chapter. The storage facility, however, shall be no further than five miles from the border of the Borough of Fair Lawn. The storage facility for any towing operator which provides towing service to the Borough on the rotational duty service list shall be no further than one mile from the border of the Borough of Fair Lawn and legally zoned and operational in the municipality.
(5)Â
Vehicles. In addition to other equipment which is necessary for the
safe performance of towing emergency road and storage services, all
towing operators must own and have available at least two light-duty
tow trucks, one flatbed truck, one medium-duty tow truck, and one
heavy-duty tow truck. Failure of the towing operator to own or have
available at least one heavy-duty tow truck shall not disqualify the
owner from being added to the rotation for towing; however, the available
heavy-duty tow truck utilized must be have a Borough tow license.
(6)Â
Equipment. All towing operators' trucks shall be equipped with
brooms, shovels and any other street sweeping equipment for the purpose
of clearing debris off the roadways. The towing operator shall at
the time of removing any motor vehicle, in response to a police request,
remove from the public or private roads or highways any motor vehicle
debris or material in the area surrounding the vehicle, except for
any debris or material which may be hazardous, such as oil, gasoline,
kerosene or other petroleum or chemical products. The cleanup of debris,
other than hazardous materials, shall be performed by the towing operator,
without charge to the Borough of Fair Lawn or the vehicle owner.
(7)Â
Miscellaneous.
(a)Â
The towing operators' wrecker(s) and all other vehicles
shall be properly licensed and registered with the New Jersey Motor
Vehicle Commission. All towing operators' vehicles shall display
New Jersey commercial license plates.
(b)Â
All towing operators shall have facilities and equipment that
will ensure and guarantee the furnishing of prompt and efficient services
for all standard passenger automobiles.
(c)Â
The towing operators' company name, address and telephone
number(s) shall be prominently and permanently displayed on both sides
of all wrecker(s) and other towing vehicles.
C.Â
Licensing.
(1)Â
It shall be the responsibility of the Borough Manager or his/her
designee, upon recommendation of the Chief of Police, to issue a license
to towing operators that have complied with the criteria as set forth
in the application process. The license year shall be from the last
Monday in June to the last Sunday in June of the following year.
[Amended 9-12-2006 by Ord. No. 2059-2006; 2-10-2009 by Ord. No. 2139-2009; 4-28-2015 by Ord. No. 2342-2015]
A.Â
All towing operators selected to serve on a rotational basis must
guarantee the availability of all services to the Borough Manager
seven days a week, 24 hours a day. In this respect, a towing operator
shall immediately respond to any type of towing emergency road service
or storage call with the appropriate vehicle and/or equipment within
20 minutes after receipt of telephone notification from the Police
Department's dispatcher/desk officer. Unless heavy or unusual
traffic conditions or inclement weather within the Borough prevent
a towing operator from arriving at the scene within 20 minutes, failure
to respond within the time frame shall be considered a breach of this
chapter. In the event that a towing operator fails to respond within
20 minutes from the time of the call, the Police Department reserves
the right to contact the next available towing operator on the rotational
list and utilize its services.
B.Â
In times of emergencies and/or natural disasters, the Borough of
Fair Lawn reserves the right to contact other towing service operators
who may not be on the rotational list.
C.Â
The owner of a vehicle involved in an accident shall have the right,
if he/she so desires, to designate a towing operator of his/her choice
as long as public safety needs do not dictate otherwise.
D.Â
Employees of the towing operator, in responding to a call, shall
request and be afforded police assistance during the course of providing
towing, emergency road services or removal of abandoned or accident
vehicles when such employees find it necessary to turn around, back
up, tow in the opposite direction of traffic or cross the median.
E.Â
A towing operator shall not permit a vehicle to be removed from the
site of a vehicular accident, the scene of a crime or any other instance
or situation without the prior approval and permission of a police
officer and/or superior at the scene.
A.Â
The fees set forth on the schedule for towing and
storage rates are the maximum permitted charges that shall apply to
the towing and/or storage of passenger automobiles or other vehicles.
Towing operators transporting multiple passenger cars at one time
shall receive the applicable fees for each vehicle transported.
B.Â
It shall be the responsibility of all towing operators
to provide all motorists utilizing the towing operator's services
with a written schedule of fees which lists in full all fees to be
charged for towing, storage and road service within the Borough of
Fair Lawn. Towing operators shall not exceed the maximum charges set
forth on the fee schedule for towing and storage of vehicles regulated
under the provisions of this chapter.
C.Â
The towing and storage fee schedules of all towing
operators serving the borough on a rotational basis shall be filed
with the Chief of Police and the Municipal Clerk and shall be made
available to any citizen upon request. The fee schedules shall be
available at the Municipal Building, 8-01 Fair Lawn Avenue, Fair Lawn,
New Jersey, Monday through Friday, except holidays, during regular
business hours.
[Amended 4-28-2015 by Ord. No. 2342-2015]
D.Â
In addition, the Chief of Police and the Municipal
Clerk shall be informed in writing at least 10 business days prior
to the amendment of any towing operator's towing and storage fee charges.
Under no circumstances shall any amendments exceed the maximum amounts
for towing and storage as described below.
E.Â
In no instance shall the towing operator request payment
from the Borough of Fair Lawn for any services rendered to the owners
of private vehicles except, however, in those cases where the Police
Department authorizes the removal of a borough-owned vehicle, or a
vehicle that is abandoned or related to criminal activity.
[Amended 4-28-2015 by Ord. No. 2342-2015]
Following the issuance of a tow license by the
Borough Manager, it shall be the Chief of Police's responsibility
to establish a towing operators' Rotational Duty Service List. The
Police Department shall call the towing operators in sequential order
as set forth by the Chief so that each towing operator will be given
the opportunity to respond to individual calls as received by the
borough. The Police Department shall have the right to call the next
towing operator on the list should a towing operator fail to respond
to a call within 20 minutes or if the first operator called cannot
be reached by telephone or advises that he/she is unable to respond.
A.Â
The following guidelines shall be followed in order
to process vehicles that have been towed either because of abandonment
or have remained unclaimed for the required amount of time. These
guidelines conform with the procedures outlined in Chapter 10A of
Title 39, Motor Vehicle and Traffic Laws. In the event of any inconsistencies
between this chapter and N.J.S.A. 39:10A-1, the aforesaid statute
shall prevail.
(1)Â
If owner is known.
(a)Â
Pursuant to N.J.S.A. 39:10A-11, the towing operator
shall give notice to the owner of any abandoned or unclaimed vehicle
and to the holder of any security interest therein not less than 30
days' notice of the intent to sell the motor vehicle or cause it to
be sold. The towing operator shall also give the aforesaid individuals
at least five days' notice of the date, time, place and manner of
the proposed sale.
(b)Â
Pursuant to N.J.S.A. 39:10A-12, the towing operator
shall give notice to the owner of the motor vehicle or other person
having a legal right thereto and to the holder of any security interest
in the motor vehicle 30 days' notice of the towing operator's intention
to obtain a junk title certificate.
(c)Â
All notices required above shall be by certified
mail, return receipt requested.
(d)Â
If no response is received from this certified
letter, the towing agency will submit on a form provided by the Borough
of Fair Lawn a request for title information on said vehicle. The
Borough of Fair Lawn will be responsible for sending in the appropriate
forms to try and ascertain ownership and/or apply for a Junk Title
Certificate or Abandonment Certificate to the Division of Motor Vehicles.
(2)Â
If owner is not known.
(a)Â
If the owner or a person with the legal right
thereto of a vehicle is not known, then the towing agency will submit
on a form provided by the Borough of Fair Lawn a request for title
information on said vehicle. The Borough of Fair Lawn will be responsible
for sending in the appropriate forms to try and ascertain ownership
and/or apply for a Junk Title Certificate or Abandonment Certificate.
(3)Â
The towing agency will incur all costs for the processing
of all paperwork;,such as certified mail fees, photographs, cost of
Junk Title, any cost for any vehicle that is to be sold at public
auction.
(4)Â
After the towing agency has submitted the requested
information, the Police Department will be responsible to then send
the necessary forms, SS-6 Report of Possession of Abandoned Vehicle
by Public Agency or SS-12 Report of Possession of Abandoned Vehicle
by Public Agency and Request for Junk Title Certificate, to the Division
of Motor Vehicles to receive a clear certificate of title for auction.
(5)Â
The Borough of Fair Lawn shall give notice of such
sale by certified mail, to the owner, if his/her name and address
is known and to the holder of any security interest filed with the
Director of Motor Vehicles, and by publication in one or more newspapers
published in this state and circulating in the municipality in which
such motor vehicle is held, by one insertion, at least five days before
the day of sale.
(6)Â
The auction will be held at the towing agency, at
a date and time set up in agreement with the towing agency and the
Borough of Fair Lawn.
(7)Â
The Borough of Fair Lawn shall execute and deliver
to the purchaser for any motor vehicle for which no junk title certificate
has been issued an application for certificate of ownership Form SS-5.
B.Â
At any time prior to the sale of a motor vehicle at
auction, the owner or other person entitled thereto may reclaim possession
of the motor vehicle upon payment of the reasonable costs of removal
and storage of the vehicle and any fine or penalty and court costs
assessed against him/her for a violation which gave rise to the seizure
or taking possession of such vehicle.
[Amended 4-28-2015 by Ord. No. 2342-2015]
As per § 223-6B above, the towing operator must provide towing on a twenty-four-hour, seven-days-a-week basis, including all holidays; additionally, it must have appropriate personnel available to release a towed vehicle to its owner Monday through Friday, except holidays, from 8:00 a.m. to 5:00 p.m. subject to the appropriate authorization of the Fair Lawn Police Department.
The towing service company must handle removal
of all abandoned and junk vehicles for the borough without expense
to the borough, and said removal shall be completed within 24 hours
after request by the borough.
The towing service company must maintain a recordkeeping
system as required by the Borough of Fair Lawn Police Department and
the laws of the State of New Jersey; at a minimum, the recordkeeping
system shall include:
A.Â
Date and time of request for towing.
B.Â
Date and time vehicle was towed.
C.Â
Address from where vehicle was towed and address to
where vehicle was towed.
D.Â
Name and towing operator performing service.
E.Â
Complete dates of storage of said vehicle, and all
charges assessed to or paid by the owner of each vehicle.
F.Â
Date of release of said vehicle including by whose
authorization and name and address of person obtaining said vehicle
from storage. (It shall be required that the towing operator obtain
a signed release for said vehicle from the person claiming and removing
said vehicle from storage).
The towing operator shall remove any vehicle
which the Police Department may lawfully direct them to so do and
shall store same at their lot(s) until said vehicle(s) is reclaimed
by the lawful owner or is otherwise disposed of according to law.
The towing operator shall be responsible for
any vehicle and the contents thereof after receiving said vehicle
in its custody and shall reimburse the owner of any such vehicle removed
by it for any such damage or loss sustained to any vehicle or its
contents while the said vehicle is in the towing service company's
possession.
The towing operator shall agree to indemnify
and hold the borough harmless for any damage or loss sustained to
any vehicle or contents, if such vehicle is in the towing service
company's possession, said indemnification shall include but not be
limited to the defense of all law suits relating to the towing of
any vehicle by any party, the payment of any judgments relating thereto
against the borough, cost of suit, including investigation cost.
The towing operator shall not make any repairs
to any vehicles towed or removed by it provided for hereunder without
receiving written authorization of the owner thereof or its authorized
agent.
The towing operator shall not represent that
it is a servant, agent or employee of the borough with respect to
said towing service but is an independent contractor pursuant to ordinance
and shall not hold itself out as an official member of the government
of the borough of Fair Lawn or its departments.
The towing operator must, upon request, tow
all borough-owned vehicles within one hour at a cost to be listed
in this chapter, to and from points within the borough. If a special
situation arises when it is mutually advantageous to waive this one-hour
requirement, the towing service may request a waiver from the Borough
Manager or Chief of Police.
A.Â
The Chief of Police is hereby authorized to establish
reasonable rules and regulations for the supervision, inspection and
safe operation of tow trucks, wreckers and other related vehicles
and equipment in accordance with the standards outlined in this section.
The Chief shall maintain due vigilance over all towing operators to
make certain that the tow trucks and other related vehicles and equipment
are maintained in a safe working condition for transporting and hauling
disabled vehicles. The Chief or his/her duly designated representative
shall have the right, at all times, to inspect all towing vehicles
and related equipment which perform services pursuant to this chapter.
B.Â
At any time should the Chief or his/her designee determine
that the vehicles and/or equipment being used are unsafe, he/she shall
have the power and authority to direct the immediate correction or
repair of any automotive defect, malfunction or violation of motor
vehicle regulations within a specified period of time to be determined
by the Chief. The Chief of Police is authorized and empowered to establish
and transmit from time to time to all towing operators on the rotational
list, such additional rules and regulations not inconsistent with
the provisions of this chapter as may be reasonable and necessary
in carrying out the provisions of this chapter.
A.Â
The Chief of Police shall have the power to suspend
a towing operator from the Rotational Duty Service List for a period
of up to 30 calendar days for failure to comply with any section of
this chapter. A subsequent violation may result in the permanent removal
of a towing operator from the Rotational Duty Service List for a twelve-month
period. A towing operator may appeal the Chief's ruling of either
a suspension or a permanent removal. In such cases, an appeal may
be filed with the Clerk within 10 business days of the Chief's decision.
A hearing shall be held by the Borough Manager within 30 business
days of the filing. The Borough Manager shall render his/her determination
within 20 business days following the conclusion of the hearing. The
Borough Manager's determination as rendered shall be final and conclusive
under this chapter.
B.Â
Failure to comply with the borough's zoning, land use and property maintenance codes may subject any operator to suspension from the Rotational Duty Service List upon request to the Borough Manager from the borough's Construction Code Official/Zoning Officer and/or Property Maintenance Officer. Any towing operator suspended form the Rotational Duty Service List for any violation of the borough's zoning, land use and development and/or property maintenance codes shall have the right to due process and appeal as set forth in Subsection A above.
[Amended 9-12-2006 by Ord. No. 2059-2006[1]]
The following provisions shall apply to any towing operator and/or booting service when engaged by the owner or other person in control or possession of private property to remove therefrom or boot an unauthorized vehicle, pursuant to the provisions of N.J.S.A. 39:4-56.6 and Chapter 223 of this Code.
A.Â
No towing or booting service shall boot or conduct
a trespass tow of a Class A vehicle from a private parking lot for
compensation when the point of origin of the boot or tow is within
the jurisdictional limits of the Borough of Fair Lawn, without complying
with the provisions of this chapter.
B.Â
Posting of warning signs.
(1)Â
No vehicle shall be booted or towed from a private
parking lot for designated parking violations unless a sign is conspicuously
posted and clearly visible from all vehicle and pedestrian entrances
to the property, indicating the following:
(a)Â
A warning that the property is a private tow-away
zone and a vehicle not authorized to park on the property will be
towed at the owner's expense.
(b)Â
The telephone number of the person or entity
from whom a towed vehicle can be recovered.
(c)Â
A statement that the vehicle may be recovered
between the hours of 7:00 a.m. to 9:00 p.m. on any day.
(2)Â
A warning sign is not required as a condition precedent
to towing a vehicle blocking a private entrance, exit, driveway, fire
lane or loading area; neither shall this section apply to statutory
parking violations relating to handicapped parking or nonconsensual
tows directed by a governmental enforcement officer.
C.Â
No towing or booting service operating within the
Borough shall tow or boot a vehicle or charge for its services where
the registered owner or other legally authorized person in control
of the vehicle arrives at the scene prior to towing the vehicle from
the lot and:
D.Â
No vehicles removed from private property shall be
stored on public property, including public streets.
E.Â
No vehicle shall be removed unless to a storage facility
located at a distance no greater than five miles from the municipal
boundaries of the Borough of Fair Lawn.
[Amended 3-10-2009 by Ord. No. 2144-2009]
G.Â
Whenever a vehicle is towed from private property,
the Police Department of the Borough shall be notified, within five
minutes of the time of removal, as to the reason of the towing; the
year, make and license number of the vehicle; the name and address
of the owner, if known; the name and address of the towing operator;
and the address or location to which the vehicle is being towed.
Any person, firm or corporation who or which
willfully violates any of the provisions of this chapter shall, upon
conviction, be subject to a fine not exceeding $1,000 or to imprisonment
for a term not exceeding 90 days, or both. Each and every violation
of this chapter or each and every day that any violation shall be
permitted to continue shall be construed as a separate and distinct
violation hereof. The Police Department is specifically designated
as the enforcement office to serve and execute process for violation
of this chapter.
