The preservation and furtherance of the public
peace, order and welfare of the Borough mandate that the Borough make
provisions for the efficient and reasonable removal of motor vehicles
abandoned or disabled in its streets so as to promote the free flow
of traffic therein and for the removal and storage of abandoned and
stolen vehicles, those involved in traffic accidents and suspected
crimes and those blocking streets in emergencies.
[Amended 11-10-2011 by Ord. No. 2085]
As used in this chapter, the following terms
shall have the meanings indicated:
AUTOMOBILE
A motor vehicle, with a gross vehicle weight of not more
than 6,000 pounds, of a private passenger-type or station-wagon-type
or sports utility vehicle type or with a pickup body or delivery sedan
or a van or panel truck that is owned or leased and is neither used
as a public or livery conveyance for passengers nor rented to others
with a driver, owned by an individual or by husband and wife who are
residents of the same household not customarily used in the occupation,
profession or business of the owner(s).
BASIC TOWING SERVICE
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 to a location within the Borough or to the towing
operator's storage yard and other services normally incidental 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.
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.
MOTOR VEHICLE 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.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by their manufacturer for the removal or transport of motor
vehicles.
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 two regular
tow vehicles, one flatbed vehicle and one heavy-duty tow vehicle.
(2) Vehicle classes.
(a)
Regular tow vehicles must be equipped with a
boom or winch assembly mounted on the chassis, a dolly assembly, a
tow sling or wheel lift assembly at least 100 feet of either three-eighths-inch
or seven-sixteenths-inch cable attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed which slides or tilts to accommodate
transporting of vehicles.
(3) 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.
B. Minimum equipment requirements.
(1) Every tow vehicle or flatbed vehicle shall have two-way
radio 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 of the vehicles, visible
from 360° when in use and visible at a minimum distance of 500
feet during daylight hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for
towing vehicles at night, amber colored.
(d)
Extra chains and cable for pulling or securing
a towed vehicle.
(e)
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, 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 his or her
designee at any time. No changes may be made in said vehicles or equipment
unless prior written approval is obtained from the Mayor and Council.
(4) Every tow vehicle or flatbed vehicle shall display
the official towers license and shall have the name of the official
tower displayed on the vehicle in such manner and of such lettering
as conforms to the provisions of N.J.S.A. 39:4-46.
C. Minimum personnel requirements.
(1) Official towers shall have available, at all times,
a minimum of two persons to provide the services required by this
chapter. Official towers shall comply with the affirmative action
requirements of the State of New Jersey with regard to their personnel.
(2) All persons 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:
(a)
Be competent and able to provide minimum road
services for disabled vehicles.
(b)
Have a valid driver's license having no restrictions
or conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(c)
Be mentally alert and present a neat appearance
at all times.
(d)
Obey all traffic laws and regulations.
(e)
Be subject to inspection by the Chief of Police
and shall be approved by the Chief prior to rendering any services
pursuant to this chapter.
(f)
Not have been convicted of a crime nor had their
driving privileges suspended or revoked within the past year.
D. Minimum storage requirements.
(1) Every official tower shall maintain an inside building
or outside secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing
a minimum of 10 passenger vehicles and one tractor and trailer. In
addition, the tower shall have an inside storage area capable of storing
one automobile and/or one tractor for police hold.
(b)
The location of the storage area shall be either
within the limits of the Borough or at such location outside of the
Borough as to facilitate reasonable towing distances. If located out
of the Borough it must provide transportation to the storage location
from the police station or accident scene. "Within a reasonable towing
distance" shall mean within a radius of three miles from the Borough
Hall and in a municipality contiguous to North Arlington.
(c)
The storage area shall be fully enclosed by
a sturdy fence having a minimum height of six feet, with at least
one lockable gate for ingress and egress, and shall be lighted from
dusk to dawn.
(d)
The storage area shall be in an area legally
zoned for such use.
(e)
The storage facility shall be available for
towing and to the public 24 hours a day, 365 days per year.
(f)
The official tower shall have an employee on
duty during all hours in which the storage facility is open.
(g)
The official tower shall not charge a release
fee or other charge for releasing vehicles to their owners after normal
business hours or on weekends.
(h)
No vehicles may be stacked during storage unless
the stacking equipment is approved by Chief of Police.
(2) The applicant shall, with its application, submit
proof of ownership or lease of the storage area.
(3) 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.
Applicants shall agree in writing to assume
the defense of and indemnify and hold harmless the Borough, its elected
officials, boards, commissions, officers, employees and agents from
all suits, actions, damages or claims which the Borough may be subjected
to 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 Borough pursuant
to this chapter. Official towers shall enter into a hold-harmless
agreement in a form to be prepared by the Borough Attorney prior to
being included on the official towers list.
[Amended 11-10-2011 by Ord. No. 2085; 5-13-2021 by Ord. No. 2322]
A. Pursuant to N.J.S.A. 40:48-2.49 et seq., the Borough hereby establishes
the following schedule of fees or other charges which a tower may
charge private passenger vehicles for towing services, storage services
or both.
Road Service
|
---|
Cars (light)
|
$125 per hour plus parts
|
Trucks (medium/heavy)
|
$175 per hour plus parts
|
Towing - Basic
|
---|
Light duty - up to 10,000 lbs.
|
Hook-up $150
|
Medium duty - 10,001-16,000 lbs.
|
$250 per hour
|
Heavy duty - 16,001 lbs. and above
|
$500 per hour
|
Decoupling fee (if tow is not performed)
|
1/2 of basic rate
|
On-Hook Mileage
|
Light duty
|
$6 per loaded miles
|
Medium duty
|
N/A
|
Heavy duty
|
N/A
|
Recovery/Winching (In addition to towing - per truck including
driver)
|
---|
Light/medium duty 10,001-16,000 lbs.
|
$350 per hour charged in 1/2 hour increments of $175 per 1/2
hour
|
Heavy duty 16,001 and above
|
$600 per hour
|
Specialized Recovery Equipment
|
---|
Rotator/crane recovery unit
|
$1,200 per hour
|
Tractor with landoll trailer or detach trailer
|
$450 per hour
|
Tractor/transport hauler only
|
$250 per hour
|
Refrigerated trailer w/tractor
|
$450 per hour
|
Box trailer w/tractor
|
$400 per hour
|
Air cushion unit
|
$1,000 per hour
|
Light tower
|
$250 per hour
|
Pallet jack
|
$200 flat rate
|
Rollers
|
$200 flat rate
|
Any other specialized equipment
|
$250 per hour
|
Loader/backhoe/telescopic handler/bulldozer/bobcat
|
$300 per hour, each
|
Forklift
|
$300 per hour
|
Dump truck/dump trailer W/tractor
|
$350 per hour
|
Roll-off with container
|
$350 per hour plus disposal
|
Recovery supervisor vehicle
|
$150 per hour
|
Scene safety equipment, communication equipment, traffic management
equipment, etc.
|
$250 per hour each type used
|
Recovery support vehicle/trailer additional recovery equipment
|
$350 per hour
|
Labor-All Labor Min of 1 Hour
|
---|
Accident minor clean-up and disposal of debris
|
$75 per hour, one-hour minimum, plus absorbant materials used
|
Recovery supervisor and/or Level III recovery specialist
|
$225 per hour *Charges limited to one per incident
|
Certified towing operator
|
$125 per hour, per man
|
Manual laborers
|
$100 per hour, per man
|
Storage - Per Calendar Day (Inside Rates Two Times Outside Rate)
|
---|
Cars/light trucks 10-foot by 20-foot space
|
$45 per day
|
Trucks (dual wheels)/single axle
|
$90 per day
|
Tractor/dump truck/tractor and trailer combo/trailers
|
$125 per unit, per day
|
Buses
|
$150 per day
|
Roll-off
|
$125 per day, for each
|
Cargo/accident debris/load storage/vehicle components 10-foot
by 20-foot space
|
$45 per space used, per day
|
Rental of any tow company supplied trailer post incident
|
$500 per day
|
** Storage billed per calendar day**
|
Additional Services/Notes
|
---|
Fuel/haz-mat/cargo spills cleanup and disposal
|
Time and material
|
Hazmat and trash recovery
|
Surcharged 10%
|
Subcontractor mark-up
|
10%
|
Administrative charge only after 3rd visit to vehicle
|
Cars only - $50
|
Administration charge
|
Medium/heavy truck - $200
|
After hours release
|
$75
|
Notification documentation fee
|
$50
|
Tarping/wrapping vehicle
|
$90 per car; $250 per truck
|
Fuel surcharge
|
Reserved for future need
|
NOTES:
|
*
|
After the first hour, all hourly billable rates shall be charged
in half hour increments.
|
**
|
Charges for all trucks/recovery equipment are inclusive of the
operator, there shall not be separate charges for an operator that
drives/operates the truck/recovery equipment.
|
B. Pursuant to N.J.S.A. 40:48-2.50, all fees paid to an official tower
by the Borough for the storage of removed municipal vehicles shall
not exceed the following:
(1) A limit of $3 per day for the first 30 days of storage per vehicle;
and
(2) A limit of $2 per day for the 31st day of storage and any day thereafter;
and
(3) A limit of $400 per vehicle stored regardless of the duration of
the storage, except that waiver may be granted for good cause upon
the request of the Borough by the Division of Local Governmental Services
in the Department of Community Affairs. In the event that N.J.S.A.
40:48-2.50 is amended, the revised fees shall be the maximum fees
that may be charged by official towers, and this chapter shall be
amended accordingly.
C. This chapter is not intended to regulate or set fees for the towing
or storage of trucks, campers, buses or motorcycles or the provision
of emergency road service. Such services, if requested, shall be billed
at the provider's normal and customary rate or as otherwise agreed
upon between the provider of the service and the motorist.
D. The fees set forth on the schedules for towing rates are the maximum
charges that shall apply to a private passenger automobile for basic
towing services. There shall be no additional charges other than those
provided herein. Charges for services such as flatbedding, waiting
time, winching, cleanup cost and additional labor are not permitted
when only basic towing services as defined are provided.
E. Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
F. The fees set forth on the schedules contained in Subsection
A of this section for storage fees are the maximum storage charges per twenty-four-hour period that shall apply to an automobile as defined in §
360-2.