The Mayor and Council have determined that it is in the best interest
of the residents, tax payers and visitors of the Borough of Stone Harbor that
an orderly procedure be developed for the towing and storage of motor vehicles
which are abandoned, illegally parked, disabled, involved in accidents or
suspected of involvement in criminal activity. Towing shall be made available
on a rotating basis by towing contractors complying, in all respects, to this
chapter.
[Amended 4-18-2006 by Ord. No. 1256]
A. Unless otherwise directed by a member of the Stone Harbor Police
Department, towing contractors shall tow all vehicles to the contractor’s
licensed storage area. No vehicle towed to a contractor’s storage area
shall be released by contractor unless and until contractor receives the appropriate
written release notification from the Police Department.
B. In the event that a vehicle is to be secured by the Police Department
or other agency as part of any investigation, it shall be towed to a Borough
facility at the direction of the Police Department. The fee for such towing
shall be paid by the Borough to the contractor after submission by the contractor
of the appropriate paperwork.
All contractors shall be required to maintain a business facility and
storage facility, both located within a ten-mile radius of the Stone Harbor
Borough Hall. The storage area shall be sufficient for the storage of at least
six mid sized automobiles, or larger. All outdoor storage facilities shall
be enclosed with a solid wall or substantial wire fence not less than six
feet in height and shall be maintained in good repair. The lot shall be sufficiently
lighted, to light the entire lot, which shall be lit from dusk until dawn.
Unless otherwise directed by the Borough Police Department, all contractors
shall tow all stored vehicles to their storage area where they will be properly
stored. No towed vehicles shall be stored upon the public streets.
[Amended 4-18-2006 by Ord. No. 1256; 12-5-2006
by Ord. No. 1272]
A. The maximum towing and storage charges for the towing and storage
of all vehicles shall be as as established from time to time by resolution
of Borough Council.
All contractors shall have and maintain a sufficient number of tow vehicle
operators and other personnel to ensure their compliance with the thirty-minute
response time.
All contractors agree to indemnify and hold the Borough of Stone Harbor
harmless from any loss or claim of damage to property or personal injury arising
out of the contractor's operations pursuant to this chapter. Such indemnification
shall include out-of-pocket expenses and reasonable attorney's fees in the
event a claim is made against the Borough.
All contractors shall carry the following minimum contracts of insurance
and shall supply documentary proof thereof when requesting to be placed upon
the rotating lists and in December of each year thereafter.
A. Comprehensive general liability insurance: Not less than
$500,000 combined single limit (for bodily injury and property damage) per
occurrence and aggregate, which insurance shall cover damages while towing,
and theft or damage to stored vehicles.
B. Automobile liability insurance: Not less than $500,000
combined single limits (bodily injury and property damage).
C. Workers Compensation Insurance: As required by law.
The Chief of Police of the Borough of Stone Harbor is hereby designated
as the officer to enforce the provisions of the chapter in accordance with
due process of law.
Copies of this chapter and all rotating lists shall be made available
to the public during normal business hours at the office of the Stone Harbor
Police Department.
Nothing in this chapter shall prevent the owner or the operator of an
automobile from contacting a tower or wrecker of his or her own choice to
remove his or her vehicle from the public streets of the Borough of Stone
Harbor after it has become disabled or otherwise become inoperable, by virtue
of an accident or otherwise. Said owner or operator shall have a reasonable
time within which to obtain a towing contractor of his or her own choice to
remove the vehicle from the public roadways of the Borough. If the vehicle
is not towed away within a reasonable period of time, the Borough shall remove
said vehicle through one of the Borough's towing contractors.