As used in this chapter, the following terms shall have the
meanings indicated:
ACCIDENT
An occurrence in which a private passenger automobile comes
in 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 licensed 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 licensed owner
or operator of the motor vehicle.
AUTOMOBILE
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 or a
panel truck or a camper-type vehicle used for recreational purposes
owned by an individual or husband and wife who are residents of the
same household, not customarily used in the occupation, profession
or business of the owner(s).
CALENDAR YEAR
The period of time beginning January 1 and ending December
31 of any given year.
DEBRIS
Any fragments at the scene of a towing assignment for which
the removal will require no additional personnel or special equipment,
i.e., broken glass, vehicle parts, or other items.
GVWR
Gross vehicle weight rating.
HEAVY-DUTY TOW VEHICLE
A vehicle specifically designed to tow, transport or otherwise
move motor vehicles, with a twenty-five-ton capacity including an
underreach capability with a tow rating of 80,000 pounds and equipped
with a boom or booms, winches, slings, tilt beds, wheel lifts or underreach
equipment, as hereinafter defined.
INSIDE BUILDING
A vehicle storage facility that is completely indoors, having
one or more openings in the walls, for storage and removal of vehicles
and that is secured by a locking device on each opening.
LAND ALL TRAILER
Detachable trailer capable of hauling vehicles, machinery
and/or equipment, commonly referred to as "low-boy."
OFFICIAL TOWER
A person or company licensed by the City to tow and/or store
vehicles on behalf of the City.
OUTSIDE SECURED STORAGE AREA (OSSA)
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 locked gate. The facility is
to be lighted at night.
PERMANENTLY AFFIXED
Attached to or placed directly on the vehicle in such a manner
as such cannot be removed or repositioned.
SPECIAL RECOVERY SERVICES
Constitutes any action that is not normally associated with
roadside towing, e.g., winching, righting overturned vehicles or other
services required when a vehicle will not roll on its own wheels.
SPILLAGE
The release of vehicle cargo or contents where the removal
may require the use of extra personnel and/or specialized equipment.
STORAGE AREA
Inside building and/or outside secured storage area.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
[Amended 6-23-2020 by Ord. No. 24-2020]
A. The official tower shall furnish adequate and proper towing, wrecking,
storage and emergency repair service to damaged or disabled motor
vehicles within the limits of the City when requested to do so by
the Chief of Police or, in the absence of the Chief, the City's highest-ranking
law enforcement executive (or designee). The official tower shall
be available to render service 24 hours per day, seven days per week.
It is required that a tow vehicle be on the site of the event within
15 minutes of the time a call is placed for the services of the official
tower.
B. In the event that a disabled vehicle requires special towing equipment and the official tower does not possess such equipment, then the next official tower in the rotation list established in §
159-7 who does possess the necessary special equipment to tow such disabled, damaged and/or impounded vehicle shall be selected. No official tower shall subcontract or assign any work that is to be performed by the official tower under the provisions of this chapter.
[Amended 4-9-2019 by Ord.
No. 11-2019; 6-23-2020 by Ord. No. 24-2020]
A. Upon approval of the application for an official tower's license,
the Chief of Police or, in the absence of the Chief, the City's highest-ranking
law enforcement executive (or designee) shall issue for the applicant
an official tower's license for each tow vehicle or flatbed vehicle
to be utilized in providing services pursuant to this chapter.
B. Said licenses shall be in a form so approved by the City Manager,
and shall be kept in every tow vehicle or flatbed vehicle at all times.
C. Expiration; renewal; revocation.
(1) Each official tower's license shall run for a term of three calendar
years and expire on December 31 of the third calendar year.
(2) Each applicant for an official tower's license or renewal thereof
shall apply for such license on or before October 15 of the calendar
year immediately preceding the next three-year term. For example,
prior to the three-year term commencing January 1, 2021, all applications
must be received on or before October 15, 2020. All applications received
before October 15 of the calendar year preceding the next term, whether
for a newly issued or renewed license, will be granted, if appropriate,
for the next succeeding three-year term. No license shall be issued
for less than three full calendar years nor should a license be issued
at any other time than the period set forth above. The license shall
not be transferable or assigned.
(3) Each official tower shall submit annual updated paperwork as required
by the Chief of Police or, in the absence of the Chief, the City's
highest-ranking law enforcement executive (or designee) to ensure
continued compliance with the requirements contained in this chapter
on or before October 15 of the calendar year prior to the second and
third calendar years of any three-year term. Official towers shall
submit therewith a fee of $500 to cover the administrative expenses
incurred by the City in processing the updated paperwork. Failure
to timely submit such paperwork and accompanying fee shall be cause
for suspension of the license until such time as the paperwork is
submitted, review thereof is concluded, and it is determined that
the official tower remains in compliance with the terms of this chapter.
(4) Each official tower's license may be subject to revocation by the
City Council, upon recommendation of the City Manager of the Chief
of Police or, in the absence of the Chief, the City's highest-ranking
law enforcement executive (or designee), for any of the following
reasons:
(a)
If it is subsequently determined that the applicant 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.
(b)
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.
(c)
Violation of any rule or regulation promulgated by the New Jersey
Department of Banking and Insurance.
(d)
Violation of any of the provisions of this chapter.
(5) Proceedings for the revocation of a license shall be initiated by
the service of a notice of charges proffered against the licensee.
Said notice shall be served by the Chief of Police or, in the absence
of the Chief, the City's highest-ranking law enforcement executive
(or designee), either personally or by certified mail, return receipt
requested, and shall contain a date, time, and place for a hearing
to be held by the City Council. Said hearing shall be scheduled no
less than seven days and not more than 30 days after the notice of
the proposed revocation shall be served upon the licensee. The licensee
has the right to file an answer to the notice and to appear in person,
or be represented by counsel, and give testimony at the place and
time fixed for the hearing.
D. Upon the expiration of an official tower's license, the applicant,
prior to performing any service thereafter, shall refile completely
for such official tower's license, setting forth all the information
required in the form provided by the Chief of Police or, in the absence
of the Chief, the City's highest-ranking law enforcement executive
(or designee) and complying with the provisions of this chapter.
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 four vehicles that
include at least: one regular tow vehicle with wheel lift; one flatbed
vehicle; one medium-duty towing vehicle of at least 15,000 pounds
gross vehicle weight; and one heavy-duty towing vehicle with a twenty-five-ton
capacity including an underreach capability with a tow rating of 80,000
pounds. In lieu of a medium-duty towing vehicle, the tower may substitute
an additional heavy-duty towing vehicle in its place. Registration
documents shall be shown to the City certifying registration is the
same or better than the GVWR of the vehicle, as plated on the vehicle.
(2) Vehicle classes.
(a)
Heavy-duty tow vehicles with a twenty-five-ton capacity including
an underreach capability with a tow rating of 80,000 pounds.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate the transporting
of vehicles.
B. 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. The provisions of § 401-4A(7)
of this chapter shall apply.
C. Minimum equipment requirements.
(1) Every tow vehicle or flatbed vehicle shall have two-way radio or
cellular phone capability with a dispatching center on a twenty-four-hour
basis.
(2) 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 on the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours. An amber light permit, as required by the state, must be filed
with the Police Department.
[Amended 6-23-2020 by Ord. No. 24-2020]
(b)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber or red colored.
(c)
Extra chains and cable for pulling or securing a towed vehicle.
(d)
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 an accident or behind a disabled
vehicle, at least 10 pounds of dry sand or a drying compound for gasoline
and oil spilled on the roadway and containers for removal thereof
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.
(3) Every tow vehicle or flatbed vehicle shall comply with any and all
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, in the absence of
the Chief, the City's highest-ranking law enforcement executive (or
designee). Where applicable, all permits required by other agencies
than the City shall be provided to the City upon request of the City.
[Amended 6-23-2020 by Ord. No. 24-2020]
(4) Every tow vehicle or flatbed vehicle shall have the name of the official
tower, by a permanently affixed or painted sign prominently displayed
on the vehicle in such manner so as to conform to the provisions of
N.J.S.A. 39:4-46. Such demarcations shall be placed on the outside
door panels of the vehicle. The sign shall be at least three inches
in height and diameter and be visible to the naked eye, and the names
must be the same on both panels.
(5) Every tow vehicle or flatbed vehicle shall display valid tow truck
license plates or markers so as to conform to the provisions of N.J.S.A.
39:3-84.11.
D. Notice, reporting, and record keeping requirements.
(1) The official tower shall maintain a written schedule of all rates
and charges, in compliance with this chapter, and make such schedule
available when requested and have conspicuously displayed at the place
of business, either painted or permanently affixed, a schedule of
maximum towing charges and storage charges permitted by this chapter.
Business hours shall be posted. Whenever practicable, the owner or
driver of any vehicle utilizing towing service shall be given a copy
of a full statement of rates at the time that the towing services
are rendered. In any event, a full schedule of rates shall be annexed
to each bill for towing service.
(2) Within 14 calendar days of the expiration of each rotation period,
the official tower shall submit to the City Finance Department a copy
of all of the invoices for services rendered to any owner or operator
of a damaged or disabled vehicle on a form of invoice provided by
the City. In the absence of a City form, the official tower will submit
the bills which state: the name and address of the person towed; the
make and model of the vehicle towed; plate number; and the in date
of the tow and the out date of the tow. Only fees applicable in this
chapter shall appear on said invoice, and there shall be only one
invoice per vehicle towed.
(3) The official tower shall provide the Police Department with the following
information, free of charge, on vehicles unclaimed over 30 days: year,
make, color and vehicle identification number; owner's name and address;
copy of a certified letter advising the owner of the vehicle's whereabouts;
photograph of vehicle; any other items or information deemed necessary
by the Police Department concerning any vehicle.
(4) The official tower shall maintain a record in a bound volume of all
towing and wrecking jobs handled, on public or private property, the
name of the owner or operator involved, the charge made for the service,
and the date and amount of payment. The tower will also provide a
three-part receipt book. The receipts will be issued as follows:
(a)
The original shall be issued to the vehicle owner upon completion
of payment of charges.
(b)
Hackensack Police Department, to be forwarded to the Traffic
Division within 14 days after payment for services by the customer.
(c)
Tower's copy, to be kept on file at the tower's business as
a record of transaction.
(5) The official tower shall maintain an up to date record of all information
requested for the application and shall make this information available
to the Police Department upon request.
(6) Each official tower shall keep and maintain adequate and complete
records showing all vehicles towed, stored and released, all services
rendered and all fees charged and collected. All records shall be
available for inspection by the City at any time during normal business
hours. Records shall be kept and maintained by the official tower
at one central location and shall be retained for a period of seven
years. Records may be written, printed or computerized as long as
the requirements of this subsection are met.
E. Minimum personnel requirements. Official towers shall have available,
at all times, a minimum of two drivers to provide the services required
by this chapter. All drivers 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) Provide a prompt, courteous response to each call.
(2) Be competent and able to provide minimum road services for disabled
vehicles. This includes collecting and removing all debris at the
accident site emanating from the accident.
(3) All drivers required to have a commercial driver's license (CDL)
by the State of New Jersey and/or federal regulations are required
to furnish such license for the purpose of this chapter. Results of
these tests must be promptly reported to the Police Department for
record-keeping.
[Amended 6-23-2020 by Ord. No. 24-2020]
(4) Obey all traffic laws and regulations.
(5) Not have been convicted of a crime within the past year.
(6) Wear uniform clothing with a name patch indicating the employee's
first name and name of the contractor's company. All employees shall
be clean and neat, and make a good appearance. All employees of the
contractor shall carry photo identification badges.
F. Minimum storage requirements.
(1) Every official tower shall maintain an inside building and an OSSA
located within City limits or at a distance no greater than two aerial
miles from the intersection of Central Avenue and State Street in
the City of Hackensack.
(a)
All official towers must have sufficient storage area on their
own premises to store towed vehicles at the licensed site. This area
must be over and above the requirement that is in effect for requirement
of parking for that site. No vertical stacking of vehicles is permitted.
Each tow vehicle must be stored at the official tower's licensed site.
Official towers cannot store vehicles on the thoroughfares of the
City, whether under the auspices of the City, County of Bergen or
State of New Jersey without City approval. Storage of vehicles on
the thoroughfares of other municipalities wherein City towers are
located is subject to the requirements of those municipalities.
(b)
Vehicles removed at the direction of the City or based on the
tower's role as an official tower must be removed to the tower's storage
facility located within City limits or at a distance no greater than
two aerial miles from the intersection of Central Avenue and State
Street in the City of Hackensack.
(c)
The OSSA shall be fenced with an acceptable screened material
six feet in height. The fenced area shall be no less than 3,000 square
feet in area. The OSSA shall have a suitable gate and be installed
with a locking device or a similar on-site security measure. The facility
is to be lighted at night.
(d)
The storage area shall be in an area legally zoned for or legally
nonconforming for such use; the certificate of occupancy is to be
furnished with the application.
(e)
The storage area shall be available from at least 8:00 a.m.
until 4:30 p.m. Monday through Friday and from at least 8:00 a.m.
to 1:00 p.m. on Saturday. The applicant shall prominently display
the hours during which the facility will be open on weekends. The
storage area must have a building with an office wherein a permanently
installed telephone is located, as well as a customer waiting area
and a restroom available for customer use. On the application for
a towing license, the applicant shall list all business hours required
pursuant to the subsection for the three-year term of the license
in question, which shall not be changed during the three-year term.
(f)
The official tower may charge an additional release fee of up
to $60 or other charge for releasing vehicles to their owners after
normal business hours or on weekends.
(g)
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
(h)
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.
(2) To ensure the timely release of a vehicle, the tower shall be prepared
to release a vehicle to the owner/occupier of the vehicle no later
than one hour from the vehicle's arrival at the tower's facility or
within one hour of being contacted by the owner/occupier of the vehicle
that he/she wishes to take possession of said vehicle during regular
business hours.
(3) No storage of any disabled or damaged vehicle shall be located on
any public street or sidewalk in the City.
G. Credit cards. All official towers must have the ability to receive
credit card payment and will accept same for payment of all towing
and storage services included, specifically or by reference, in this
chapter. However, towers are not required to accept credit cards for
impounded vehicles.
[Amended 11-10-2015 by Ord. No. 57-2015]
Applicants shall agree, in writing, to insure, assume the defense
of and indemnify and hold harmless the City, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims to which the City may be subjected of any
kind and nature whatsoever resulting from, caused by, arising out
of or as a consequence of the provision of towing, wrecking, storage
and/or emergency services provided at the request of the City pursuant
to this chapter. Official towers shall enter into a hold-harmless
agreement in a form to be prepared by the City Attorney prior to being
included in the official towers list.
[Amended 6-23-2020 by Ord. No. 24-2020]
A. The Hackensack Police Department shall be the enforcement agency.
The enforcement agency shall have the authority to hear complaints
against any official tower whether brought by City representatives,
the public and/or other official towers.
B. In the event that a complaint (of a noncriminal nature) is received
by the City, 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 tower, the enforcement agency
shall give written notice of said complaint, by certified mail, return
receipt requested to the official tower against whom the complaint
is made. The official tower may provide a written response to such
complaint within five calendar days from receipt of the written notice.
C. The enforcement agency after reviewing the complaint and any written response shall have the authority to suspend the official tower's license for a period not to exceed 180 days. Any contestation of such action by the enforcement agency shall be made by way of written appeal to the City Council that must be submitted to the City Clerk within 14 calendar days of the notice of said suspension. Upon receipt of an appeal, the City Council shall then conduct a public hearing as soon as practicable. Except as set forth in §
159-12G, a license suspension shall not become effective until the time to appeal to the City Council has expired, or the City Council renders a decision on the appeal.
D. Upon expiration of the time to appeal to the City Council, or the
City Council following the hearing determines that there is good and
sufficient cause for suspension of the official tower's license, the
tower shall surrender said license to the City Clerk the next following
business day, which shall be determined to be the first day of the
suspension imposed.
E. Failure to surrender the license upon suspension shall constitute
a violation of this chapter, subject to all legal action available
to the City, including revocation of the official tower's license.
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.
G. In the event the enforcement agency determines that an official tower is not in compliance with the minimum standards of performance established in §
159-6, the official tower's license may be immediately suspended without a hearing until such time as the deficiency is remedied. The enforcement agency shall provide written notice to the official tower of such suspension as soon as practicable, including the specific deficiency or deficiencies requiring correction. The official tower shall have the opportunity to present a response to the enforcement agency within one business day after receiving the written notice. Upon correction of the deficiency, the official tower's license shall be immediately restored to active status. The foregoing shall not preclude the enforcement agency from seeking an additional license suspension as a result of the deficiency pursuant to the procedures set forth in §
159-12, so long as the total period of suspension does not exceed 180 days, or seeking revocation of the official tower's license pursuant to the procedures set forth in §
159-5.
[Amended 6-23-2020 by Ord. No. 24-2020]
A. The penalty for any violation of this chapter to be imposed by the
Municipal Court shall be a minimum fine of $100 and a maximum fine
of $2,000, and/or up to 90 days' imprisonment, and/or a period of
community service not exceeding 90 days. Any person convicted of any
violation of this chapter within one year of the date of a previous
violation, and who was fined for the previous violation, shall be
subject to an additional fine as a repeat offender of at least $100,
but not to exceed $2,000.
B. 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.
C. The imposition of a fine imprisonment, or community service for a
violation of this chapter shall not preclude the City from taking
action to suspend or revoke any license or permit issued thereunder
for the provision of official towing services, pursuant to the procedures
established elsewhere in this chapter. Any determination by the Municipal
Court with respect to a violation of this chapter shall not be binding
on proceedings for the revocation or suspension of an official tower's
license or permit.