[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 1-10-1996 by Ord. No. 1259. 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 Glen Rock."
The purpose and intent of this chapter is to provide criteria and standard operating procedures that are reasonable, nonexclusionary and nondiscriminatory in the selection and use of towing operators, on a rotational basis, in providing towing, road services and the storage of vehicles, including, but not limited to, the towing of vehicles that are abandoned, disabled, illegally parked or stolen, vehicles involved in accidents and/or those vehicles suspected or identified by the Borough as being involved in criminal activities.
As used in this chapter, the terms listed below shall be defined as follows:
- BASIC TOWING SERVICE
- 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.
- CLASSIFICATION OF TOWING VEHICLES
- Includes the following:
- (1) A commercially manufactured chassis with a rated capacity of not less than 10,000 pounds GVWR.
- (2) A commercially manufactured lifting apparatus with a minimum capacity of four tons.
- (3) Dual rear wheels.
- (4) A universal tow sling or wheel lift with System 7 safety chains.
- (5) One snatch block with a three-ton rating.
- (6) Dolly equipped.
- (7) Proper safety lights.
- (8) Amber rotation emergency flashing light.
- (9) Two floodlights to the rear of the vehicle.
- (10) One motorcycle sling.
- (11) Two-way radio.
- (1) A commercially manufactured chassis with a rated capacity of not less than 32,900 pounds GVWR.
- (2) A commercially manufactured lifting apparatus with a minimum capacity of 25 tons.
- (3) Two snatch blocks with a twelve-ton rating.
- (4) Air brake hookup lines.
- (5) A tow sling/tow bar or wheel lift with System 7 safety chains.
- (6) Proper safety lights.
- (7) An amber rotation emergency flashing light.
- (8) Two floodlights to the rear of the vehicle.
- (9) A two-way radio.
- (1) A commercially manufactured chassis rated no less than 10,000 pounds GVWR.
- (2) One hydraulically powered winch with a pulling capacity of not less than four tons.
- (3) Fifty feet of 3/8 cable.
- (4) A seventeen-foot or longer hydraulically operated slide-back or tilt bed.
- (5) One snatch block with a four-ton capacity.
- (6) Tie-down chains.
- (7) Proper safety lights.
- (8) An amber rotation emergency flashing light.
- (9) A two-way radio.
- DISABLED VEHICLE
- 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 act of storing and confining a vehicle upon an order of the Police Department at either the towing operator's storage area or at a Borough facility as a result of abandonment, involvement in an accident or suspected criminal activity.
- INSIDE BUILDING STORAGE FACILITY
- 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.
- OUTSIDE SECURED STORAGE FACILITY
- A vehicle storage facility that is not completely indoors and that is secured by a fence, wall or other man-made barrier 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.
- OUTSIDE UNSECURED STORAGE FACILITY
- 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 the definitions of "inside building storage facility" and "outside secured storage facility" above as inside a building or outside secured.
- A person, firm, corporation or partnership who owns and/or operates a vehicle on the roads and highways within the Borough of Glen Rock, which vehicle, by reason of being disabled or abandoned on the roads and highways of the Borough, requires towing and/or storage.
- To retrieve from a location off the roadway, upright a rolled
over vehicle; if the vehicle is underneath or impaled onto another
object, then it must be recovered.[Added 8-26-2009 by Ord. No. 1608]
- TOW OPERATOR
- A person, firm, corporation or partnership engaged in the business of providing towing, road and storage services for vehicles.
- If a vehicle has no gas, has flat tires and/or does not roll
freely, then the vehicle must be winched.[Added 8-26-2009 by Ord. No. 1608]
The Chief of Police and the Borough Administrator are hereby designated to administer and enforce all provisions of this chapter.
[Amended 8-26-2009 by Ord. No. 1608]
It shall be the responsibility of the Borough Administrator or his or her designee, with the advice of the Chief of Police, to approve all applications for towing operators to be utilized on a rotational basis for the purpose of providing emergency towing, road and storage services to the owners of motor vehicles utilizing Borough roads when he or she determines that the following requirements have been met by the applicant. On forms prepared by the Borough and provided by the Borough Administrator or his or her designee, all towing operators shall submit written documentation that they are in compliance with the qualification requirements set forth as follows: All towing operators shall submit a certificate of insurance to the Borough Administrator, which certificate shall name the Borough as an additional insured. The certificate shall provide evidence that the towing operator carries the following insurance coverages:
Insurance requirements. The towing operator shall provide and maintain the following types of insurance coverage to be obtained from the insurance companies licensed to do business in the State of New Jersey and shall provide the Borough of Glen Rock with certificates of insurance evidencing proof of the following required coverages:
General property damages and liability insurance in an amount not less than $1,000,000 combined single limit, including additional garage keeper's coverage, shall be primary as respects vehicles of others and shall include collision coverage.
Garage keeper’s liability insurance in an amount not less than $1,000,000, per location, shall be required.
Workers' compensation as required by law shall be required.
Policies of insurance shall be written by insurance companies authorized to do business in the State of New Jersey.
The Borough of Glen Rock 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 be cancelled or terminated or coverage decreased without 30 days' written notice to the Borough. Such insurance shall be primary.
Policies of insurance required by this chapter shall be maintained in full force and effect at all times. In the event that any coverage is cancelled or terminated or coverage decreased in amount, the tower shall be removed immediately from the official tower's list until such time as required coverage is reinstated or replaced.
The towing operators agree that, to the fullest extent permitted by law, they shall defend, indemnify and hold harmless the Borough from and against any and all claims, suits, judgments and demands whatsoever, including, without limitation, cost, litigation expenses, counsel fees and liabilities with respect to injury to or death of any person or persons whatsoever or damage to property of any kind by whomever owned, arising out of or caused or claimed to have been caused in whole or in part by the negligent acts or omissions of the towing operators or any other person directly or indirectly employed by the towing operators while in the performance of rendering any services pursuant to the scope of this chapter. Official towers shall enter into a hold harmless agreement in a form to be prepared by the Borough Attorney prior to providing the services as set forth in this chapter.
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 development and property maintenance codes may subject any operator to suspension from the rotational duty service list upon request to the Borough Administrator 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 linear mile from the border of the Borough of Glen Rock.
[Amended 12-30-2002 by Ord. No. 1423]
Nothing herein shall preclude a towing operator from storing his or hers or its towing vehicles and equipment at another location outside the boundaries of the Borough.
All towing operators shall have a storage facility which can accommodate a minimum of five 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, secured and unsecured storage facilities as defined under § 204-3 of this chapter.
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 one conventional tow truck and/or flatbed truck and/or one heavy-duty tow truck.
All towing operators' trucks must be equipped with either a two-way radio and/or mobile telephone communications equipment at their principal place of business, including their garage and/or facilities, to ensure the proper availability of services and equipment on behalf of the Borough and motorists.
All towing operators' trucks shall be equipped with brooms, shovels and 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 Glen Rock or the vehicle owner.
The towing operator's wrecker(s) and all other vehicles shall be properly licensed and registered with the New Jersey Division of Motor Vehicles. All towing operators' vehicles shall display New Jersey commercial license plates.
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.
The towing operators' company name, address and telephone number(s) shall be prominently and permanently displayed on both sides of all wreckers and other towing vehicles.
All towing operators selected to serve on a rotational basis must guarantee the availability of all services to the Borough Administrator 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 unusual traffic conditions or severe inclement weather conditions 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.
[Amended 12-30-2002 by Ord. No. 1423; 8-26-2009 by Ord. No. 1608]
In times of emergencies and/or natural disasters, the Borough of Glen Rock reserves the right to contact other towing service operators who may not be on the rotational list.
The owner of a vehicle involved in an accident shall have the right, if he or she so desires, to designate a towing operator of his or her choice.
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.
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.
[Added 8-26-2009 by Ord. No. 1608]
The equipment to be used by the towing operator shall meet the following requirements:
All equipment must be of the type, condition and design to efficiently perform the work required by the Borough of Glen Rock.
A licensee, when filing an application and at all times while holding a license under this chapter, shall own or lease for use in performing the services required by the license the following pieces of equipment:
Two light-duty wreckers;
Three flatbed trucks;
One medium-duty wrecker;
Two heavy-duty hydraulic wreckers, one with at least thirty-ton capacity and three-stage under reach;
A storage facility of at least 6,000 square feet, an area that is lighted, fenced and has video surveillance. The storage facility must be located within one mile of the border of Glen Rock.
The hours of release for any impounded vehicles are Monday through Friday from 8:00 a.m. to 4:30 p.m. If the owner of the vehicle is requesting that the vehicle be released after hours, there will be a fee of $60 for after-hours release.
[Added 8-26-2009 by Ord. No. 1608]
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.
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 Glen Rock. Towing operators shall not exceed the maximum charges set forth on the fee schedule for towing and the storage of vehicles regulated under the provisions of this chapter.
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 Borough Clerk and shall be made available to any citizen upon request. The fee schedules shall be available at the Municipal Building, located at Harding Plaza, Monday through Friday, except holidays, between the hours of 9:00 a.m. and 4:30 p.m.
In addition, the Chief of Police and the Borough 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.
In no instance shall the towing operator request payment from the Borough of Glen Rock 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.
Towing and storage fees. The fees as provided in Chapter 101, Fees, represent the maximum fees permitted under this chapter. It shall be unlawful for any towing operator to charge a fee in excess of the fees prescribed in this chapter for the services regulated herein.
[Amended 9-28-1997 by Ord. No. 1291]
Day rates. When towing, removal and storage services are required between 8:00 a.m. and 4:30 p.m., Monday through Friday, the day rate shall apply. The night, weekend and holiday rate shall otherwise be applicable.
Night, weekend and holiday rates. When towing, removal and storage services are required during the evening and nighttime hours between 4:31 p.m. and 7:59 a.m., the evening rate shall apply. These rates shall also be applicable all day on weekends and on state and federal holidays.
Road repair services. The above fees shall be exclusive of any other repair service costs provided by the towing operator, including, but not limited to, such activities as repairing flat tires or installing new and/or spare parts to a disabled vehicle. The towing operator shall be permitted to charge an additional fee based on the towing operator's prevailing hourly labor rates and charges for parts or materials. Wherever applicable, it shall be the responsibility of the towing operator to first inform the owner of the vehicle of the hourly labor rates and the estimated total cost for parts and/or materials prior to the performance of the road repair services.
Heavy-duty wreckers. The maximum fee permitted for heavy-duty towing services shall not exceed the amount provided in Chapter 101, Fees, at any time or on any day.
Recovery. The maximum fee permitted for the recovery of vehicles of 10,000 pounds and up shall not exceed the amount provided in Chapter 101, Fees, which rate includes the operator and the vehicle.
Change in fees. Any future changes in the fee schedule will be done by resolution.
Following the approval of applications by the Borough Administrator, 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 or she is unable to respond.
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 chapter. 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 or 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.
At any time should the Chief or his or her designee determine that the vehicles and/or equipment being used are unsafe, he or 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.
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 Borough Clerk within 10 business days of the Chief's decision. A hearing may be held by the Glen Rock Borough Council within 30 business days of the filing. The Glen Rock Borough Council shall render its determination within 20 business days following the conclusion of the hearing. The governing body's determination as rendered shall be final and conclusive under this chapter.
[Amended 9-28-1997 by Ord. No. 1291]
Any person, firm or corporation who willfully violates any of the provisions of this chapter shall, upon conviction, be subject to any combination of the following: a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days. 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 officers to serve and execute process for violation of this chapter.