[HISTORY: Adopted by the Mayor and Council of the Borough of Hamburg 11-5-2001 by Ord. No. 7-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 203.
It is the intention of this chapter to describe the requirements for the towing by private towing firms of abandoned, disabled or illegally parked vehicles, stolen vehicles, vehicles involved in accidents within the Borough of Hamburg, vehicles suspected of involvement in crimes located within the Borough of Hamburg and other vehicles identified by the Borough of Hamburg Police Department when requested by the Police Department of the Borough of Hamburg, New Jersey.
A. 
Towing companies shall agree to provide the Borough of Hamburg Chief of Police, or his designee, with the following information prior to being considered for placement and inclusion on a list of available towing companies to be selected and used on a rotating basis: Towing companies must provide to the Borough of Hamburg Police Department a detailed listing of the equipment to be utilized during the term of any agreement for towing/wrecker services to be executed between the Borough of Hamburg and towing companies. The listing shall include the following information: Type of vehicle(s) storage location for vehicle(s) and whether vehicle(s) is owned or leased. All leased and rented equipment must be permanently located at the contractor's place of business or residence, provided such location is in conformity with state law, federal law, and local ordinances. Equipment to be used under this chapter which does not meet these minimum standards shall not be used during the term of an agreement. The towing companies will be solely responsible for the safety, maintenance, and operation of each piece of equipment utilized or required during the term of an agreement. The rotating list shall not contain more than four towing companies; provided, however, that all towing companies on the rotation list at the date of passage of this subsection may continue to provide services as long as they meet the criteria of this chapter. Towing companies shall pay an administrative fee of $400 prior to being considered for inclusion on the list of available towing companies.
[Amended 4-4-2011 by Ord. No. 08-2011; 12-4-2017 by Ord. No. 05-2017; 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
B. 
Classification of towing vehicles shall be made using the following definitions:
(1) 
Light duty.
(a) 
Commercially manufactured chassis, rated capacity of not less than 10,000 pounds' GVWR.
(b) 
Commercially manufactured lifting apparatus with a minimum capacity of four tons.
(c) 
Universal two sling or wheel lift with System 7 safety chains.
(d) 
One snatch block, three-ton rating.
(e) 
Proper safety lights.
(f) 
Amber rotation emergency flashing light.
(g) 
Two floodlights to the rear of the vehicle.
(2) 
Heavy duty.
(a) 
Commercially manufactured chassis, rated capacity of not less than 28,000 pounds' GVWR.
(b) 
Commercially manufactured lifting apparatus with a minimum of 25 tons.
(c) 
Two snatch blocks, twelve-ton rating.
(d) 
Air brake hookup lines.
(e) 
Tow sling or tow bar or wheel lift with System 7 safety chains.
(f) 
Proper safety lights.
(g) 
Two floodlights to the rear of the vehicle.
(3) 
Car carrier/rollback.
(a) 
Commercially manufactured chassis, rated not less than 14,500 pounds' GVWR.
(b) 
One hydraulically powered winch with a pulling capacity of not less than four tons.
(c) 
Fifty feet of 3/8 cable.
(d) 
One snatch block, four-ton capacity.
(e) 
Tie down chains.
(f) 
Two safety chains to be utilized.
(g) 
Amber rotation emergency flashing lights.
C. 
Towing companies shall carry on or within each vehicle four one-gallon containers of Speedi-Dri or an acceptable substitute for spreading on and around spilled anti-freeze or other automobile fluids at the scene to safeguard against slippery road conditions for police and first aid vehicles, passing vehicles and similar vehicles. The Speedi-Dri or an acceptable substitute shall later be dissipated in accordance with hazardous waste disposal regulations by the towing operator.
D. 
Towing companies shall be responsible for cleanup of all broken glass and debris at the scene of accidents or when called to a scene in accordance with N.J.S.A. 39:4-56.8.
E. 
To be prepared to carry out the requirements of Subsection D above, each and every towing company vehicle will carry a broom, shovel, and waste receptacle.
F. 
Towing companies must insure that all of their employees and authorized agents follow the instructions and/or orders of the police officer from the Borough of Hamburg Police Department at towing scenes.
A. 
Each approved towing company shall enter into the approved form of written agreement to perform services on a yearly basis in accordance with this chapter in order to be included on the list of authorized towing companies.
B. 
No part of any towing agreement shall be assigned, leased, sublet, or otherwise disposed of by towing companies, except with the prior written approval of the Borough of Hamburg Chief of Police or his designee.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
C. 
The towing companies shall agree to provide upon request current lease agreements for any storage lot/facility used, and towing companies agree to notify the Borough of Hamburg Police Department in writing if any of the enclosed items are changed or altered. Failure to comply with this provision will result in the immediate cancellation of an agreement.
D. 
The Borough of Hamburg Police Department will have the right to perform a background check of the towing companies' owner(s) employees, and/or officers, and the conviction of a high misdemeanor of any such principals will disqualify the towing company and its employees from eligibility for inclusion on a rotation wrecker list, unless waived by the Chief of Police.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
E. 
The drivers' license numbers, names, dates of birth of all towing company drivers, the registration numbers of the towing companies' vehicles to be used and their descriptions and functioning mechanisms, i.e., rollback, heavy duty, light wrecker, etc., and appropriate permits, i.e., special lights, shall be provided in accordance with Title 3.
F. 
All vehicles approved for use under this chapter shall have the name, address, and telephone number of the actual business displayed on such vehicles in accordance with N.J.S.A. 39:4-46.
G. 
The towing companies must be within legal travelling and response time of 20 minutes upon being dispatched by the Borough of Hamburg Police Department. Exceptions for unusual traffic conditions will be recognized. If the towing company does not respond within 20 minutes upon being dispatched by the Borough of Hamburg Police Department or within a reasonable time after being dispatched if unusual traffic conditions exist, the Borough of Hamburg Police Department shall, without notice, have the right to dispatch the next towing company on the rotating list.
H. 
Towing companies shall provide written proof of at least one year of experience in the towing of vehicles and must abide by all requirements hereof.
I. 
Towing companies must maintain a recordkeeping system of vehicles towed or stored for four years and, upon the request of the Chief of Police of the Borough of Hamburg or his designee, make available such records.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
J. 
Towing companies shall prepare an invoice for towing charges for each vehicle towed. The fees charged shall be in accordance with § 197-4.
K. 
All drivers for the towing companies shall be a minimum of 18 years of age or older.
L. 
Towing companies agree that the Borough of Hamburg may make periodic drivers' license checks, registration checks, background checks, and insurance checks.
M. 
Towing companies covenant and agree to comply with all federal laws, state laws and local ordinances governing operation of vehicles, towing of vehicles, and storage areas.
A. 
The rates applicable to towing services performed under this section shall be posted in a conspicuous place, at the towing companies' facilities.
B. 
The basic towing and storage fee schedule shall be as follows:
[Amended 3-3-2003 by Ord. No. 1-2003; 4-4-2011 by Ord. No. 08-2011; 12-4-2017 by Ord. No. 05-2017; 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022; 3-6-2023 by Ord. No. 04-2023]
(1) 
Road service:
(a) 
Cars (light): $150 per hour, plus parts.
(b) 
Trucks (medium/heavy): $200 per hour, plus parts.
(2) 
Towing (basic):
(a) 
Light-duty (up to 10,000 pounds). Hookup: $155.
(b) 
Medium-duty (10,000 to 16,000 pounds): $300 per hour.
(c) 
Heavy-duty (16,000 pounds and above): $500 per hour.
(d) 
Decoupling fee (if tow is not performed): 1/2 of basic rate.
(3) 
On-hook mileage:
(a) 
Light-duty: $7 per loaded mile.
(b) 
Medium-duty: N/A.
(c) 
Heavy-duty: N/A.
(4) 
Recovery/winching (in addition to towing; per truck including driver):
(a) 
Light/medium (10,000 to 16,000 pounds): $350 per hour charge in 1/2 increments of $175 per hour.
(b) 
Heavy-duty (16,000 pounds and above): $650 per hour.
(5) 
Specialized recovery equipment:
(a) 
Rotator crane recovery unit: $1,200 per hour.
(b) 
Tractor with landoll trailer or detach trailer: $500 per hour.
(c) 
Tractor/transport hauler only: $350 per hour.
(d) 
Refrigerated trailer with/tractor: $550 per hour.
(e) 
Box trailer with/tractor: $500 per hour.
(f) 
Air cushion unit: $1,000 per hour.
(g) 
Light tower: $250 per hour.
(h) 
Pallet jack: $200 flat rate.
(i) 
Rollers: $200 flat rate.
(j) 
Any other specialized equipment: $300 per hour.
(k) 
Loader/backhoe/telescopic/handler/bulldozer/bobcat: $400 per hour each.
(l) 
Forklift: $400 per hour.
(m) 
Dump truck/dump trailer with tractor: $400 per hour.
(n) 
Roll-off with container: $400 per hour plus disposal.
(o) 
Recovery supervisor vehicle: $150 per hour.
(p) 
Scenic safety equipment, communication equipment, traffic management equipment, etc.: $250 per hour each type used.
(q) 
Recovery support vehicle/trailer/additional recovery equipment: $350 per hour.
(6) 
Labor (all labor minimum of one hour):
(a) 
Accident minor cleanup and disposal of debris: $75 per hour, one hour minimum, plus absorbent materials used.
(b) 
Recovery supervisor and/or Level III recovery specialist: $250 per hour; charge limited to one per incident.
(c) 
Certified towing operator: $150 per hour per man.
(d) 
Manual laborer: $125 per hour per man.
(7) 
Storage, per calendar day (inside rates two times outside rate):
(a) 
Cars/light trucks, 10 feet by 20 feet space: $50 per day.
(b) 
Trucks (dual wheels), single axle: $125 per day.
(c) 
Tractor/dump truck/tractor and trailer combo/trailers: $125 per unit per day.
(d) 
Buses: $150 per day.
(e) 
Roll-off: $125 per day for each.
(f) 
Cargo/accident debris/loan storage/vehicle components 10 feet by 20 feet space: $50 per space used per day.
(g) 
Rental of any tow company supplied trailer post incident: $500 per day.
(8) 
Additional services/notes:
(a) 
Fuel/hazmat/cargo spills:
[1] 
Cleanup and disposal: time and material.
[2] 
Hazmat and trash recovery: surcharged 10%.
(b) 
Subcontractor markup: 20%.
(c) 
Administrative charge only after third visit to vehicle: $50 (cars only).
(d) 
Administration charge (medium/heavy truck): $200.
(e) 
After hours release: $85.
(f) 
Notification documentation fee: $75.
(g) 
Tarping/wrapping vehicle: $90 per car; $250 per truck.
(h) 
Fuel surcharge: See chart below.
(9) 
Fuel surcharge chart - tow and mileage (cost only):
Fuel Cost
Fuel Surcharge Percentage
$2.50
0%
$3.00
1%
$3.50
2%
$4.00
3%
$4.50
4%
$5.00
6%
$6.00
7%
$6.50
8%
$7.00
9%
$7.50
10%
$8.00
11%
(10) 
If the owner of an unattended vehicle to be towed appears on the scene, and provided that the vehicle does not need to be towed or impounded, the towing contractor shall make no charge. However, if the vehicle is hooked up to the towing truck, the vehicle shall be released at the scene of impound upon the payment of 50% of the authorized towing charge.
(11) 
There shall be no charge for towing storage or impoundment if it is determined by the Chief of Police or his or her designee that such vehicles have been towed, stored or impounded due to an error by the tow truck operator or the Police Department. This determination shall be at the sole discretion of the Chief of Police or his or her designee and is binding upon the contractor. The contractor shall make no claims for payment upon the owner of the vehicle, and if payment has already been received, the payment shall be returned.
(12) 
After the first hour, all hourly billable rates will be charged in half-hour increments. Charges for all tows are inclusive of the operator.
C. 
Complaints of any kind relative to services, overcharging, theft of parts, damage to towed or stored vehicles, and the like, shall be referred to the Chief of Police for investigation. Such violations or any other violation of this chapter may be cause for imposition of penalties by the Chief of Police enumerated as follows:
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
(1) 
Written warning; and/or
(2) 
Suspension from five tow calls; and/or
(3) 
Suspension for three months; and/or
(4) 
Permanent revocation; and/or
(5) 
Criminal complaints.
D. 
In such cases, an appeal may be filed with the Borough Clerk within 10 business days of the imposition of the penalty. A hearing may be held by the Borough of Hamburg Mayor and Council within 30 days of the filing of such an appeal. The Borough of Hamburg Mayor and Council shall render its determination within 30 days following the conclusion of the hearing. The governing body's decision shall be final and conclusive.
A. 
The Borough of Hamburg Police Department will not be responsible for any charges due or owing towing companies, nor will it assist the towing companies in collecting any charges. Specifically, the Borough will not be responsible to reimburse towing companies for towing services in connection with towing of vehicles which are abandoned or disabled, or from which towing companies are unable to obtain towing services fees from vehicle owners in accordance with N.J.S.A. 39:4-56. However, the Borough will make good faith efforts to auction abandoned vehicles and other vehicles for which towing companies have not received payment for services under any agreement, consistent with appropriate state law. In the event that an auction occurs on such vehicles and money is received, the towing companies shall be paid their towing fee for such vehicles from the proceeds of the auction; provided that the amount received at auction is equal to or greater than the towing fees due. If that is not the case, towing companies shall receive the auction proceeds and the Borough of Hamburg shall have no obligation to pay towing companies any difference due in accordance with N.J.S.A. 39:10A-5.
B. 
In cases where the Borough of Hamburg Police Department mistakenly directed that a vehicle be towed, or has acted on incorrect information furnished by other official sources, the towing companies shall be reimbursed by the Borough of Hamburg for minimum towing fees as set forth in § 197-4.
A. 
The towing companies grant the Borough of Hamburg Police Department the right to inspect the proposed vehicle impound area at any time chosen by the Police Department without prior notice to or acceptance of the towing companies.
B. 
All towing companies are prohibited from piling stored vehicles or parking towed vehicles on public streets and sidewalks.
C. 
The Borough of Hamburg reserves the right during an emergency to designate temporary areas owned or leased by the Borough for storage of disabled vehicles in said area at the direction of the Chief of Police or his designee.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
In all dealings with the public in connection with their agreements, representatives of the towing companies are expected to act in a professional manner at all times and be courteous and especially those whose vehicles may have been towed or impounded may at times resort to strong language, threats, or unbecoming behavior that may be directed to the representatives are expected to exercise restraint and shall not respond in kind, thereby causing an unfavorable reflection of their business. If such circumstances occur, the Borough of Hamburg Police Department should be contacted to keep the peace.
The owner of any vehicle towed shall have the right to remove personal property belonging to him from the stored vehicle (unless a "Police Hold" is marked on the towing form), upon mutual agreement of the towing company and the owner of the vehicle. Belongings removed after the vehicle is stored will be so noted on the Hamburg Police Department impound form with date, time and initials of owner and tow company representative.
A. 
Towing companies shall be responsible for any damage occasioned to utility poles, guide wires, telephone lines, etc., damaged in their recovery of vehicles.
B. 
Towing companies will indemnify and hold the Borough of Hamburg harmless from any and all claims for personal injury or property damage against the Borough of Hamburg arising out of the operation of the towing services or repair services performed under their respective agreements. Towing companies will further defend the Borough of Hamburg at the expense of the towing companies, in connection with any claim, demand, suit, or action brought against the Borough and arising out of the operation of any towing, garage, or repair services under any agreement.
C. 
Towing companies further agree to indemnify and hold the Borough of Hamburg harmless for any damages or losses sustained to any vehicle or its contents while such vehicle is in the possession of or under the control of a specific towing company; 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 therefrom against the Borough, and the cost of the suit, including investigation costs.
D. 
The responsibility to indemnify, hold harmless and defend the Borough shall apply without limitation to all liabilities, expenses, investigation costs and counsel fees incurred under Subsections A, B and C above.
A. 
Insurance coverage shall indemnify the Borough of Hamburg and the public against any loss due to injuries, accidents, or damages of any character whatsoever where such damage is the result of an act or omission on the part of towing companies, their agents or employees, in or due to the execution of the work called for under the respective agreements between the Borough of Hamburg and towing companies.
B. 
On all liability policies required of towing companies, the Borough of Hamburg shall be named as an additional insured, and insurance certificates shall indicate such coverage.
C. 
All insurance required shall contain a clause indicating that the Borough of Hamburg Police Department, 9 Orchard Street, Hamburg, New Jersey 07419, shall be notified of any changes, cancellations, etc.
D. 
Towing companies are required to purchase and maintain comprehensive general liability insurance, comprehensive automobile liability insurance, and workers' compensation insurance with limits of not less than those set forth below. Failure to provide and continue in force such insurance as required below shall be deemed a material breach of agreement and shall result in immediate termination of any agreement for towing services.
(1) 
Comprehensive general liability insurance. The limits of liability shall not be less than $500,000 for combined single limits (bodily injury and property damage) per occurrence and aggregate, including premises, operations and products/completed operations.
(2) 
Automobile liability insurance. The limits of liability shall not be less than $500,000 for combined single limits (bodily injury and property damage) per occurrence. Note: Liability insurance policies shall be specifically endorsed to provide collision insurance for vehicles in tow.
(3) 
Workers' compensation insurance. Statutory coverage including liability coverage with a limit of at least $100,000. Excess umbrellas in the amount of $1,000,000 giving protection in excess of $500,000; general and automobile liability coverage.
E. 
The towing company must maintain at all times available space either within the Borough of Hamburg or within an eight-mile radius of the Borough of Hamburg for properly accommodating and protecting all motor vehicles towed in accordance with this chapter.
[Amended 3-6-2023 by Ord. No. 04-2023]
F. 
An applicant for a towing license shall pay an application fee of $100 prior to the issuance of a license and shall also pay an administrative fee of $200 per year, with the first payment due on the day of issuance of the license, and subsequent payments shall be made on January 1 of each and every year that the towing company holds the license.
[Amended 4-4-2011 by Ord. No. 08-2011]