[HISTORY: Adopted by the Mayor and Council
of the Borough of Old Tappan by Ord. No. 483-92. Amendments noted
where applicable.]
The Police Department shall establish a list of persons or firms who shall be utilized by the Borough to provide towing and wrecking services for abandoned, wrecked or impounded vehicles. In establishing this list, first consideration shall be given to those persons or firms who are presently utilized by the Police Department for this service. All other operators shall be given consideration based upon the date of the application filed by them, which application is more fully described in § 227-2 of this chapter.
An application for a license as a proprietor
of a towing or wrecking business to be placed upon the list to be
utilized by the Police Department shall be made by the person or firm
engaged in operating a wrecker or wreckers. The application shall
be made on forms furnished by the Borough Clerk and shall specifically
include the following:
A.
The full name and address of the applicant. If the
application is made for a corporation, it shall state the names and
addresses of the officers and directors thereof, its registered office
and its registered agent.
B.
The year, make and type of each wrecker used in said
business.
C.
The address where the wrecker or wreckers shall be
regularly garaged and the telephone numbers available on a twenty-four-hour-per-day
basis.
D.
The applicant shall purchase and maintain at his own
expense insurance protection for the Borough and itself in accordance
with the provisions of § 227-13 of this chapter.
[Amended 3-15-2004 by Ord. No. 843-04]
E.
The applicant will indemnify and hold harmless the
Borough from any and all claims for personal injury or property damage
against the Borough arising out of the operation of any towing services
or repair services under this chapter. The applicant will file a hold
harmless agreement with the Borough as well as a certificate of insurance
naming the Borough of Old Tappan as the additional insured.
F.
The Borough Clerk shall refer the application for
a license to the Police Department for a check of all equipment, personnel
and facilities of the applicant to determine the ability of the applicant
to perform the business herein regulated.
G.
The Chief of Police shall have the authorization to
issue up to three licenses.
H.
Equipment.
(1)
Each wrecker must meet all of the requirements of
Revised Statutes Title 39, "Motor Vehicle Rules and Regulations."
In addition, each wrecker must have the following equipment:
(a)
One large broom and shovel.
(b)
At least one set of dolly wheels.
(c)
Steering wheel lock for towing vehicles from
the rear.
(d)
Tow sling-type tow bar to prevent any part of
crane metal from touching towed vehicles.
(e)
Emergency warning lights.
(f)
Portable safety lights to be installed on rear
of towed vehicle if necessary.
(g)
Safety flares for night work.
The Chief of Police shall see that a record
is maintained containing the names, addresses and twenty-four-hour
telephone numbers of all licensed wreckers and a record of the types
of wreckers available to meet the specific need of the emergency.
He shall also see that a record is maintained of the regular response
of wreckers to police calls and any and all complaints from vehicle
owners as to improper service or charges.
The Chief of Police shall maintain a revolving
list of licensed wreckers to provide service where needed and instruct
all duty officers to call those listed in alphabetical order on a
rotational basis. All owners or operators of disabled vehicles shall
first be advised that they have a right to call a wrecker of their
own choosing and retain the right to direct the towing vehicle to
remove the damaged vehicle to a garage or workshop of their own choosing.
[Amended 7-16-2001 by Ord. No. 758-01; 4-17-2017 by Ord. No.
1115-17]
B.
Storage of vehicles and large equipment. Any items
being held by the Borough Police Department, upon proper notice to
the owner, can be retrieved and picked up or retrieved within a ten-day
period from notice sent by registered mail; a storage charge will
be assessed at the rate of $40 for every 20 hours of storage time.
C.
Every operator of a towing service shall, prior to
the actual towing or storing of any vehicle, give the owner a state-mandated
pricing sheet.
By making application to be utilized as a tower
or wrecker by the Police Department, and by accepting such contract,
the person or firm agrees to:
A.
Provide a prompt response to each call;
B.
Clean all glass and auto parts at the accident site
emanating from the accident;
D.
Maintain a ledger of all towing or wrecking jobs handled,
the name of the owner or operator, the charges made for the service
and the date and amount of payments;
E.
Comply with all other terms and conditions of this
chapter; and
F.
Comply with all motor vehicle rules and regulations
found within Title 39.
The Chief of Police is hereby given the authority
to promulgate rules and regulations necessary to carry out the intent
and purpose of this chapter. The Chief of Police is hereby given the
authority to suspend or revoke the right of any person or firm which
is on the authorized list if the person or firm violates any of the
terms and conditions of this chapter.
Nothing in this chapter shall prevent the owner
or the operator of an automobile from contacting a tower or wrecker
of his own choice to remove his vehicle from the public streets of
the Borough of Old Tappan after it has become disabled or otherwise
inoperable by virtue of accident or other reason. Said owner or operator
shall have a reasonable time within which to select a tower or wrecker
of his own choice to remove the vehicle from the public roadways of
the Borough. After this reasonable period of time, the Borough shall
remove the vehicle by resorting to the procedure set forth in this
chapter.
In an emergency and in such other circumstances
when necessary, the Chief of Police shall be permitted to call in
a specialty wrecker company where special needs must be met such as,
but not limited to, bulldozers off trucks, towing involved in a tractor/trailer
accident, towing where hazardous materials are involved and such other
circumstances requiring a specialty wrecker.
Under no circumstances shall an applicant which
has obtained a license in accordance herewith sublet or assign any
towing or wrecking work permitted by said license.
[Added 3-15-2004 by Ord. No. 843-04]
The towing operator shall execute an indemnification
and hold harmless agreement which shall provide that the towing operator
agrees to defend at the towing operator's expense and to hold harmless
and indemnify the Borough of Old Tappan, its elected officials, boards,
officers and employees from any and all obligations, expenses and/or
damages arising out of any claims which may thereafter be asserted
against the Borough of Old Tappan by anyone for loss or damages to
personal property, for personal injury or for any other damages in
connection with the rendering of services pursuant to this chapter.
[Added 3-15-2004 by Ord. No. 843-04;
amended 4-17-2017 by Ord. No. 1115-17]
No towing operator shall be called by the Police
Department unless the towing operator has submitted as part of the
application insurance policies or certificates of insurance, in a
form approved by the Borough's risk management consultant, evidencing
that there is in effect insurance policies with the following coverage:
A.
Commercial/General liability insurance. Limit of liability shall
not be less than $1,000,000 combined single limit (bodily injury and
property damage) per occurrence, including premises operations and
products/completed operations.
B.
Automobile liability insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence.
C.
Garage keepers insurance. Physical damage insurance policies shall
be provided for vehicles in tow, possession of or storage on property
owned or controlled by the contractor. Limit of said coverage shall
be not less than $100,000. Physical damage insurance policies shall
be specifically endorsed to provide direct primary insurance, where
applicable, for vehicles in tow.
D.
Excess umbrella insurance. Limit of liability shall be not less than
$1,000,000 providing protection in excess of the $1,000,000 liability
coverage. This requirement may be waived by the Mayor and Council.
E.
On all liability policies, the Borough shall be added as an additional
insured, and coverage policies and insurance certificates shall indicate
such coverage as primary coverage notwithstanding any insurance carried
by the Borough.
F.
Workers' compensation insurance: New Jersey statutory coverage,
including employer's liability coverage.
G.
The contractor shall indemnify the Borough against any loss due to
injuries, accidents or damages of any character whatsoever where any
such damage is the result of an act or omission of the contractor,
his agents or employees in or due to the execution of the work called
for under the contract.
H.
Insurance policies or certificates shall provide that the Borough
shall be given at least 30 days' prior written notice of any
cancellation of, intention not to renew or material change in such
coverage by certified mail, return receipt. Insurance policies or
certificates must be provided before commencing work in connection
with the contract. Failure to submit this shall subject the contractor
to immediate disqualification.
I.
The providing of any insurance required herein does not relieve the
contractor of any of the responsibilities or obligations assumed by
the contractor for which the contractor may be liable by law or otherwise.
J.
If any policies contain deductibles or copayment, it shall be the
responsibility of the contractor to pay such sums at the same time
a claim is settled by the contractor's insurance company.
K.
If any policies contain limits of liability with an aggregate limit,
the contractor or the contractor's insurance company shall provide
the Borough, quarterly during the policy period, a statement evidencing
the limits of liability required under this contract to be in force.
L.
Failure to provide and continue in force such insurance as required
above shall be deemed a material breach of the contract and shall
cause an immediate termination thereof.
M.
All policies shall be written by a company licensed in the State
of New Jersey, Best's rated A-VII (A minus seven). They shall
be written on an ISO (Insurance Service Office) form or better.
