[Adopted 3-10-1993 by Ord. No. 2-10-93B (Ch. 194 of the 1984
Code)]
The towing and storage of motor vehicles damaged,
stolen or impounded within the Borough of Haledon shall be performed
by towing operators qualified and licensed pursuant to the provisions
set forth below.
As used in this article, the following terms
shall have the meanings indicated:
A private passenger automobile or a private passenger station-wagon-type
vehicle that is owned or hired 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
panel truck or a camper-type vehicle used for recreational purposes,
owned by an individual or by a husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the owner, other than farming or ranching. An automobile
owned by a farm family, copartnership or corporation, which is principally
garaged on a farm or ranch and otherwise meets the definitions contained
in this section, shall be considered a private passenger automobile
owned by two or more relatives resident in the same household.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility, and other services normally incident thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
The Commissioner of Insurance of the State of New Jersey.
The New Jersey Department of Insurance.
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.
All vehicles propelled otherwise than by muscular power,
except such vehicles as run only upon rails or tracks and motorized
bicycles.
An occurrence in which a motor vehicle or automobile, as
defined herein, is damaged or comes in contact with any other object,
as a result of which the motor vehicle or automobile must be towed
or removed for placement in a storage facility. This includes damage
caused by vandalism, fire or drunken drivers but does not include
mechanical breakdowns or impounded vehicles.
An area not indoors, secured by a fence, wall or barrier
at least six feet high and continuously lighted at night, with all
gates, doors or entryways secured by locks.
An area not indoors that is not secured by a fence, wall
or other barrier, and including all other areas not defined as an
inside building and outside-secured facility.
Starts at 12:01 a.m. for a twenty-four-hour period or fraction
thereof.
A vehicle equipped with a boom or booms, winch or winches,
a sling tilt bed, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles.
Towing operators performing towing services
for the Borough of Haledon shall perform on a rotating basis. The
Chief of Police is hereby authorized and directed to establish a tow
truck call list of towing operators licensed pursuant to this article
to establish a system of rotation in the assignment of towing operators
to perform towing services in the Borough of Haledon. The towing operator
shall be assigned duties from the tow truck call list only. No licensed
towing operator or other party shall respond to the scene of an accident
except upon notification by the officer in charge or upon request
of the driver or owner of the disabled vehicle.
A.
In order for a towing operator to be listed on the
tow truck call list, a license is required pursuant to the provisions
set forth herein. Each license issued hereunder shall terminate on
December 31 of the year in which it is issued, and each renewal license
shall be for the one-year period of January 1 through December 31.
B.
Specifically exempted from the licensing requirement
is the towing, transporting, conveying or removing of motor vehicles
from private property by towing operators who have been privately
engaged or designated by the owner of the vehicle to be so removed.
C.
All towing operators who submit an application to
the Borough of Haledon shall pay the sum of $200 at the time the application
is filed. This is a nonrefundable fee which shall be utilized to cover
the cost of investigation and review and shall also be considered
to be the fee for the balance of the year for which the application
is filed. Thereafter, the annual fee shall be in the amount of $250.
Licenses hereunder shall be approved by the
governing body of the Borough of Haledon and issued by the Borough
Clerk. The application therefor shall contain the following information:
A.
The full name and address of the applicant and, if
such applicant is a corporation, the names and addresses of the officers
and directors thereof and the registered office and registered agent
thereof or, if such applicant is a partnership, the names and addresses
of all partners.
B.
The year, make, model and serial number, registration
number and owner of each vehicle which is to be used by the applicant
in responding to calls from the Haledon Borough Police Department
requesting the towing and storage of disabled motor vehicles.
C.
The tow vehicle's base of service for each tow vehicle
to be used by the licensed operator.
D.
The location to which the applicant will tow, transport,
convey or remove and thereafter store any motor vehicle towed, transported,
conveyed or removed by the applicant pursuant to the provisions of
this article.
E.
The specific area at the location referred to above
that the applicant has available for properly storing and protecting
disabled motor vehicles. The applicant shall attach to the application
a diagram of his or its property showing the secured area (inside-
or outside-secured) intended for the storage and protection of vehicles
removed from the roadway.
F.
The place and location where the applicant will maintain
an office at which any person whose vehicle has been towed, transported,
conveyed or removed may obtain information relative thereto, attend
to the payment of any money to be paid in connection therewith and
arrange for any further removal or possession of such vehicle.
G.
A statement that the applicant has sufficient personnel
and equipment to provide twenty-four-hour towing and storage services
and is able to respond to police calls in accordance with the requirements
of this article.
H.
A certification that the fees will not exceed the
fees set forth in this article.
I.
The name of the insurance company and its address
and policy number showing the limits of coverage required by this
article, along with a certification that the Borough of Haledon will
be added as an additional insured under the liability provisions of
said policy.
J.
A representation that the applicant will execute an
indemnification and hold harmless agreement with the Borough of Haledon.
K.
A listing of the applicant's prior towing experience,
including the years in business and other municipalities served.
L.
Such other information as deemed appropriate by the
governing body of the Borough of Haledon.
A.
Application forms may be obtained from the Borough
Clerk, and all completed applications, together with the licensing
fee, shall be submitted to the Borough Clerk.
B.
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.
C.
All applications are subject to review and approval
by the governing body of the Borough of Haledon. 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 Haledon to provide the towing
and storage services referred to herein.
No license shall be issued unless all of the
following standards are met:
A.
Equipment requirement. No license shall be issued
to an operator who does not own/lease and possess, for utilization
in this business, the following tow vehicles and equipment, or approved
equal, which tow vehicles and equipment shall be inspected and approved
by the Chief of Police or his authorized representative prior to a
license being issued:
[Amended 2-7-2001 by Ord. No. 1-17-2001B; 11-12-2003 by Ord. No. 10-22-2003A; 12-15-2004 by Ord. No. 11-10-2004A]
(1)
At least two five-ton tow vehicles with a boom and
drum rating of five tons; a one-hundred-foot-long, three-eighths-inch-diameter
cable with a recommended working limit of at least 3,500; pounds;
recommended gross vehicle weight of truck or chassis of 10,000 pounds;
and dual rear wheels maintained and equipped in accordance with the
manufacturer's specifications.
(2)
At least one flatbed or car carrier with at least
one-car capacity; wheel chokes and four tie-down chains or grab hooks.
(3)
At least one vehicle equipped with tie-down equipment
for carrying motorcycles.
(4)
At least one thirty-five-ton low boy, one tractor
and forty-eight-foot land doll trailers with a minimum of twenty-five-thousand-pound
winches, one fifty-ton heavy-duty wrecker, one forty-ton heavy-duty
autocar wrecker, one twenty-five-ton heavy-duty wrecker with air cushion
recovery, air cushion recovery service truck/trailer with a minimum
lift capacity of 50,000 pounds and emergency response service truck
with air tools, air jacks and heavy extraction tools.
[Added 11-12-2003 by Ord. No.10-22-2003A ]
(5)
Safety equipment to be carried on all trucks: a universal
towing sling; tow hooks and chains; one snatch block for three-eighths-inch
to one-half-inch cable; two high-test safety chains; a four-lamp or
three-lamp revolving amber emergency light with a New Jersey State
permit; a toolbox with an assortment of hand tools; rear working lights
and rear marker lights; cab lights; body-clearing lights located to
clear the towed vehicle; a block choke for the tow vehicle while working;
safety cones; a shovel and broom; and a steering wheel lock or tie-down.
In lieu of having the required equipment in his or its possession,
the licensee shall supply the Borough Clerk with an agreement, in
writing, between the licensee and any other entity or corporation
or person who possesses this specific equipment that he or it will
provide services to the licensee pursuant to the provisions of this
article for the term of the license. This agreement shall provide
that the response time shall be in accordance with the provisions
of this article and that the licensee shall assume all responsibility
for compliance with the provisions of this article. The licensee shall
make provisions for the equipment to be available for inspection at
his or its place of business at the time and place requested by the
Chief of Police or his authorized representative prior to the issuance
of the license. If said agreement shall be canceled for any reason,
the licensee must notify the Borough of Haledon within 24 hours. The
agreement may not be with any other towing operator licensed to do
business in the Borough of Haledon pursuant to this article.
B.
The tow vehicle's base of service, the towing operator's place of business, the proposed storage areas and any other premises to be utilized by the towing operator, as set forth in the license application, shall comply with all provisions of Chapter 405, Zoning, the property maintenance code and all other applicable laws of the Borough of Haledon or the municipality wherein the property is located, pertaining to the use or condition of said premises.
C.
Each towing operator shall have the ability to store
all motor vehicles within an inside-secured or an outside-secured
area. All tow operators' storage yards shall have a minimum vehicle
storage capacity of 100 passenger vehicles. The enclosure shall be
in good repair and well-maintained and must be continuously lighted
from dusk to dawn. No vehicles shall be stored in an outside-unsecured
area. Each storage area shall be subject to inspection and approval
by the Chief of Police or his designee prior to a license being issued.
[Amended 11-12-2003 by Ord. No. 10-22-2003A]
D.
The secured storage area must be available 24 hours
a day, 365 days per year, and must be open to the public on weekdays
during normal business hours and limited hours to be approved by the
governing body of the Borough of Haledon on Saturdays and Sundays.
All tow operators licensed by the Borough of Haledon shall be located
within five miles of the Borough of Haledon as measured from any Borough
border. All tow operators licensed by the Borough of Haledon shall
respond within 20 minutes of being called. Exigent circumstances shall
be determined in the discretion of the Police Department or members
thereof; however, they shall only relate to weather or safety issues.
[Amended 2-7-2001 by Ord. No. 1-17-2001B; 11-12-2003 by Ord. No. 10-22-2003A; 12-15-2004 by Ord. No. 11-10-2004A; 12-17-2009 by Ord. No. 11-12-2009]
E.
Insurance.
(1)
All towing operators shall maintain and produce proof
of the following insurance coverage, with the Borough of Haledon named
as an additional insured, with the application when submitted to the
Borough Clerk:
(a)
Automobile liability in an amount not less than
$1,000,000, combined single limit.
(b)
Comprehensive liability insurance in an amount
not less than $1,000,000, combined single limit.
(c)
Garagekeepers' liability in an amount not less
than $75,000, both on hook and for each storage location.
(d)
Garage liability in an amount not less than
$1,000,000, combined single limit.
(2)
The policies shall be endorsed to provide collision
coverage for vehicles in tow.
F.
In order to provide the public with prompt and adequate
tow truck service, the licensee must respond within 20 minutes after
being summoned, unless weather or other safety conditions prevent
the operator from responding in the allocated time.
G.
Operators and their employees shall be fully trained
and knowledgeable in the operation of all required equipment and shall
be subject to background investigations by the Borough of Haledon
Police Department.
H.
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.
I.
The towing operator shall have the ability to apply
for junk titles and to arrange and dispose of junk cars.
J.
The towing operator shall agree to defend, indemnify
and hold harmless the Borough of Haledon 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.
A.
The governing body hereby designates the Police Department,
generally, and the Chief of Police, in particular, as the supervising
authorities to enforce the provisions of this article as well as the
rules and regulations adopted hereunder.
B.
Each licensed towing operator shall, at all times,
maintain the necessary equipment to remove disabled vehicles as required
by this article. The towing operator, prior to departure from the
scene of the towing service, shall clean and clear the streets of
any customary debris resulting from any motor vehicle accident at
such scene and shall, at all times, carry the necessary equipment
to perform said cleaning services.
C.
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.
D.
If the licensee summoned is unable to respond within
the time constraints specified in this article, 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.
E.
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 Haledon.
F.
The Borough of Haledon 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.
G.
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.
H.
The Borough of Haledon reserves the right to review
the qualifications of any personnel employed by the towing operator
at any time.
I.
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 Haledon.
J.
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 Haledon 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.
K.
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.
L.
The Borough of Haledon 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.
M.
The licensed towing operator shall not pile or store
vehicles on public streets or sidewalks.
N.
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 4-26-2018 by Ord. No. 5-23-2019A]
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.
B.
Additional rate provisions.
(1)
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.
(2)
Tow vehicles transporting multiple vehicles at one time shall receive
applicable fees for each vehicle transported.
(3)
The storage fees are the maximum storage charges per twenty-four-hour
period.
(4)
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.
(5)
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.
A license may be denied, suspended or revoked
upon any of the following grounds after an appropriate hearing in
accordance with the terms of this article:
A.
Submitting a fraudulent or misleading application.
B.
A criminal conviction of the towing operator or a
named principal of the towing operator.
C.
Failure to respond reliably and promptly to calls
for assistance or any other action which interferes with the proper
operation of the rotating system maintained by the Police Department.
D.
Violations of motor vehicle laws and/or municipal
ordinances.
E.
Failure or refusal to tow or remove a motor vehicle
when requested to do so by an appropriate municipal officer.
F.
Violations of Chapter 405, Zoning, the property maintenance code or any other applicable ordinances or codes of the Borough of Haledon pertaining to the use or condition of the premises used by the licensee in conducting the towing business.
G.
Violation of the provisions of this article or any
of its rules or regulations.
A.
Proceedings for the suspension or revocation of a
license shall be initiated by the service of a notice of charges filed
against the licensee. Said notice shall be served by the Chief of
Police or his designee, either personally or via certified mail, return
receipt requested, and shall contain a date, time and place for a
hearing to be held by the governing body of the Borough of Haledon.
Said hearing shall be scheduled no less than seven days nor more than
30 days after the notice of the proposed suspension or revocation
shall be served upon the licensee. The licensee shall have 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.
B.
When an application for a license is denied by the
Borough of Haledon, the applicant may request a hearing on said application
by the service of a notice requesting a hearing. Said notice shall
be served on the Borough Clerk, and at the next regularly scheduled
meeting of the governing body, a hearing date shall be set which shall
be no less than seven days nor more than 30 days from the date scheduled.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or by imprisonment in the county jail for a term not exceeding six months, or both. Those penalties shall be in addition to and separate from any action taken by the Borough of Haledon pursuant to § 369-10 hereof.
