[HISTORY: Adopted by the Borough Council of the Borough of Pemberton 3-17-1998
by Ord. No. 1-1998 (Ch. 79 of the 1975 Code). Amendments
noted where applicable.]
A.
The purposes of this chapter are:
(1)
To establish a requirement and procedure for licensing
of individuals and entities providing towing and storage services to the Pemberton
Borough Police Department;
(2)
To establish, in the interest of public safety, a uniform
policy for the towing and storage of motor vehicles towed and stored at the
request of the Borough Police Department; and
(3)
To establish uniform fees for towing and storage services.
B.
This chapter shall apply to all motor vehicle towing
and storage operations performed at the request of the Borough of Pemberton
Police Department.
As used in this chapter, the following terms shall have the meanings
indicated:
A private passenger motor vehicle, or any vehicle included in the
definition of "Automobile" under N.J.A.C. 11:3-38.2.
The removal and transportation of an automobile from a highway, street
or other public or private road, or 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 Borough of Pemberton.
Includes all vehicles propelled otherwise than muscular power, except
such vehicles as run only upon rails or tracks, or motorized bicycles.
A person engaged in the business of towing and storing motor vehicles
or offering the services of a tow vehicle or tow truck and storage services.
Those vehicles equipped with a boom or booms, winches, slings, tilt
beds, wheel lifts, or under-reach equipment specifically designed by their
manufacturer for the removal or transport of motor vehicles, including flatbed
vehicles, employed for the purpose of towing, transporting, conveying and/or
removing motor vehicles which are unable to be operated under their own power
from one place to another for which a charge or fee is extracted.
No person shall engage in the business of towing or storing motor vehicles
at the direction of the Borough of Pemberton Police Department without first
obtaining a tow operator's license therefor. Nothing herein shall require
licensing for the rendering of road service or for the provision of towing
and storage services within the Borough other than at the request of the Borough
Police Department.
A.
Applicants for a license under this chapter shall file
with the Borough Clerk a sworn application on a form to be furnished by the
Clerk which shall include the following information and certification:
(1)
The full name and address of the applicant. If the application
is made for a corporation, it shall state the name and addresses of the officers
and directors thereof, its registered agent, and the names and residential
addresses of every stockholder owning more than 10% of the issued stock.
(2)
The year, make and type of each tow vehicle used in said
business, its serial number, registration number and registered owner.
(3)
The address where the tow vehicle or vehicles shall be
regularly garaged, the telephone number or numbers and the hours during which
service is available at those numbers and the names, addresses and New Jersey
driver license numbers of all operators.
(4)
The location, size and securing features of the storage
lot or space in which towed vehicles will be stored, including the number
of spaces available. The storage lot shall be designated either as:
(a)
"Inside building:" A vehicle storage facility that is
completely indoors, having one or more openings in the walls for storage and
removal of vehicles that is secured by a locking device on each opening.
(b)
"Outside secured:" A vehicle storage facility that is
not indoors and is secured by a fence, walls or other man-made barrier that
is at least six feet high. The facility is to be lighted at night so that
all vehicles may be plainly visible.
(5)
The name and address of the insurance carriers, and the policy numbers of all insurance policies as required by § 200-9 of this chapter.
(6)
A copy of the operator's current fee schedule for
towing and storage services separately listing towing and storage fees for
automobiles and other motor vehicles.
(7)
A certification that on-call towing and storage services
will be available 24 hours a day, every day of the year.
(8)
A certification that the fees and procedures required
by this chapter shall be complied with at all times.
(9)
A statement that the Chief of Police or his designee
may at any reasonable time conduct an inspection of the tow vehicles or storage
facility or any applicant or licensee for the purpose of determining compliance
with this chapter.
(10)
Such other information as the Chief of Police may reasonably
prescribe.
B.
All applications for tow operator's license shall
be accompanied by a fee of $25 to cover the Borough's costs in processing
the application.
A.
The Borough Clerk shall forward all complete applications
to the Chief of Police, who shall conduct or cause to be conducted such investigation
as he deems necessary to determine the truth and accuracy of the information
contained in the application and whether the applicant meets the following
minimum standards:
(1)
Neither the applicant nor any tow vehicle operator has
any criminal convictions or prior motor vehicle infractions which might adversely
affect public safety or welfare.
(2)
The applicant has the ability to respond to the scene
in response to any request for assistance within 15 minutes after notifications.
(3)
The applicant can provide on-call towing services 24
hours per day, every day of the year.
(4)
The tow trucks and equipment are in safe and sound condition
and in compliance with all applicable laws, rules and regulations. All applicants
must meet minimum standards of operator performance, including but not limited
to standards concerning the adequacy of the applicant's equipment and
storage facilities and availability.
(5)
The applicant owns or has a valid lease to a storage facility within six miles of the Borough, in an area legally zoned for such use, and such storage facility shall have a minimum 17 spaces for passenger automobiles and will be either an "inside building" or "outside secured" facility as defined in § 200-4 above for storage of all vehicles towed or impounded.
(6)
The applicant is in compliance with and/or has the ability
to comply with all other requirements and standards set forth herein.
B.
In addition to the minimum standards of performance referred
to in the preceding subsection, all applicants are subject to disqualification
if found deficient in any one of the following areas:
C.
The Chief of Police shall endorse his approval or disapproval of the application within 30 days of receipt by him. If the application is disapproved, the reasons therefor shall be set forth in writing. The Borough Clerk shall notify the applicant, in writing, that the application has been granted or denied. If the application is denied, the reasons for such denial shall be set forth in the notice, along with the applicant's right to appeal the denial to Borough Council pursuant to § 200-8.
A.
A tow operator's license shall be issued by the Borough Clerk to an approved applicant upon provision of insurance certification pursuant to § 200-4 and approval by the Chief of Police. The Borough Clerk shall send a copy of the license to the Police Department for filing and shall keep a permanent record of all licenses issued.
B.
All licenses under this chapter shall expire at the end of the calendar year in which issued. Applications for renewal, certifying any changes to the original application or certifying no change, shall be filed with the Clerk at least 30 days before expiration on forms provided by the Borough Clerk. Renewal applications will be forwarded to the Chief of Police for review and any necessary investigation in accordance with the procedures and standards set forth in § 200-5. If approved, a renewal license shall be issued upon payment of the license fee and provision of required insurance certifications.
C.
All licenses issued under this chapter, or certified
copies thereof, shall be displayed prominently on all tow vehicles and at
the tow operator's principal place of business.
D.
All licenses issued under this chapter are nontransferable.
A.
All licenses issued under this chapter may be revoked by the Chief of Police after reasonable notice and hearing pursuant to § 200-8 for any of the following reasons:
(1)
False or materially inaccurate information in the application,
or a change of circumstances which would have caused disapproval of the application
if existing at the time of approval.
(2)
Failure to comply with any of the requirements of this
chapter, any additional regulations promulgated by the Chief of Police, or
any state, federal or local law relating to motor vehicle operation or storage.
(3)
Unsatisfactory service which jeopardizes public safety.
More than three unexcused failures to respond and/or valid complaints (as
determined by the Chief of Police after investigation) within a twelve-month
period shall be considered grounds for suspension and/or revocation.
Any person aggrieved by the action of the Chief of Police or the Borough
Clerk in the denial of an application for a license, or in revocation thereof,
or in the suspension from the Borough's on-call towing list, may appeal
to the Borough Mayor by filing with the Clerk, within 14 days after notice
of the action complained of has been mailed to such person's last known
address, a written request for a hearing, setting forth fully the grounds
for the appeal. The Mayor will set a time and place for a hearing on such
appeal, and notice shall be served on or mailed to the applicant or licensee
at least five days prior to the hearing. The Mayor's and Council's
determination shall be made by resolution and shall become effective immediately.
A.
Every licensee shall carry insurance as follows:
(1)
Comprehensive automobile liability in an amount not less
than $500,000 combined single limits.
(2)
Workers' compensation coverage as required by state
law.
(3)
Garage keeper's liability in an amount not less
than $60,000 per location.
(4)
Garage liability in an amount not less than $500,000
combined single limits.
(5)
Comprehensive general liability coverage in an amount
not less than $500,000 for each person and $500,000 for each accident.
(6)
Endorsements providing for collision coverage for vehicles
in tow.
(8)
Endorsement naming the Borough as an additional insured
in all insurance policies (except workers' compensation policies) for
licensees on the Borough on-call towing list.
B.
All licensees shall hold harmless and indemnify the Borough, its officers, employees and agents, from any and all liability claims, losses or damage arising or alleged to arise from the performance of the towing services requested of and rendered by the licensee. The foregoing indemnification language shall be incorporated in the general comprehensive liability policy required by Subsection A.
C.
All insurance policies shall be written by insurance
companies acceptable to the Borough and authorized to do business in the State
of New Jersey.
D.
No license shall be issued or renewed until the applicant has filed with the Borough Clerk certificates of insurance evidencing the insurance coverage and endorsements required in Subsection A. All certificates must provide for 30 days' prior written notice to the Borough of policy cancellation or material change.
A.
The Chief of Police shall maintain a list of those tow
operators licensed by the Borough to respond to calls from the Borough Police
Department. In order to be included on the on-call towing list, an applicant
must meet all of the requirements of this chapter and shall enter into an
agreement with the Borough for a term of one year, said agreement to be prepared
by the Borough Attorney.
B.
Calls to tow operators on the on-call list shall be made
on a nondiscriminatory rotating basis, pursuant to procedures established
by the Chief of Police. Nothing herein shall prohibit the Chief of Police
or his designee from calling a tow operator out of sequence or seeking the
services of a tow operator not on the on-call list if the circumstances require
specialized equipment or if the interests of public safety so require. If
the tow operator selected does not respond to the scene within the 25 minutes
after notification, the Chief of Police or his designee shall be permitted
to summon the next available tow operator. When any unusual situation occurs
which may be dangerous cargo, the Borough Police Department may select any
qualified tow operator.
C.
The fees to be charged for the towing and storage services of automobiles shall be as set, forth in § 200-11. The Borough shall not be liable for the cost of any towing and/or storage service unless those services are performed on a municipal vehicle.
D.
Inclusion on the on-call towing list shall be automatically revoked upon expiration or revocation of the tow operator's license. The Chief of Police may also suspend a licensed tow operator's inclusion on the on-call towing list for such period of time as he considers appropriate for violations of this chapter, after a hearing on such violations. Suspensions may be appealed pursuant to the procedures set forth in § 200-8.
E.
Nothing in this section shall prohibit a motorist or
motor vehicle owner from summoning a tow operator of his or her own choosing,
except that any Borough Police Officer at the scene of an incident requiring
towing services shall be responsible for making the final determination as
to when towing shall take place and which tow operator shall be called.
F.
All vehicles towed at the request of the Borough Police
Department must be removed to an approved storage facility unless the owner
or operator of the vehicle specifically requests that it be towed to another
destination. Any Borough Police Officers at the scene shall be responsible
for making a final determination as to the towing destination.
G.
No vehicle shall be released by the tow operator until
the owner or agent of the vehicle produces a release form from the Police
Department. No verbal releases are to be accepted. The Borough is not responsible
for any costs, compensation or damage which a tow operator may suffer by the
Borough agreeing for a vehicle to be released. Vehicles may only be retrieved
during the normal working hours of the tow operator.
H.
Up to 17 vehicles towed at the request of the Borough
Police Department must be stored together at the approved storage facility
and not scattered throughout the premises.
I.
No tow operator shall dispose, destroy, remove, sell
or otherwise transfer any vehicle towed at the request of the Borough Police
Department without first complying with all applicable laws of the State of
New Jersey and notifying the Borough Police Department of its intention to
do so, in writing, at least 14 days prior to effectuating the same.
J.
Prior to commencing any tow, the tow operator shall sign
the tow report prepared by the officers on location acknowledging receipt
of the vehicle.
K.
Upon request by the Borough Police Department, the tow operator shall store a motor vehicle in an "inside building" as defined in § 200-4A(4)(a). Vehicles designated by the police as being suspected as being used in criminal activity shall be stored in a separate space for exclusive use of the Police Department and shall not be released without the written permission of the Chief of Police, Acting Chief of Police, or his designee.
L.
In addition to any requirements set forth elsewhere in
this chapter, all approved towing services must provide, in writing, an employment
nondiscrimination statement prior to the issuance of said approval and must
agree to comply with all state and federal laws and regulations concerning
wages, hours and terms of employment.
M.
Employees or an approved towing service shall in no way
be deemed to represent or be employed by this municipality, and all such towing
services shall be responsible for the conduct of their employees.
N.
All towing and storage fees shall be disclosed in an
appropriate notice on the front or top page of all invoices and receipts.
Additionally, adequate public posting of such fees must be made at the storage
area, in view of the public.
A.
No person shall be liable to any tow operator who tows
or stores an automobile, including but limited to any automobile which was
damaged in an accident or recovered after being reported stolen, for any fees
in excess of the following:
(3)
In no event shall any tow operator charge a towing or
storage fee for private passenger vehicles damaged in an accident or recovered
after being stolen in excess of the fees established by the Department of
Insurance as set forth in N.J.A.C. 11:3-38.1 et seq. or any amendments or
supplements thereto. It shall be the responsibility of the tow operators to
comply with all applicable Department of Insurance rules and regulations.
The tow operator shall submit annually as part of its application or renewal
thereof its fee schedule for the towing and storage of automobiles which shall
be subject to the review and approval of the Borough Council.
(4)
For all motor vehicles other than automobiles, the tow
operator shall set reasonable and customary fees for the Burlington County
area for the towing and storage of such vehicles. The tow operator shall submit
annually as part of its application or renewal thereof its fee schedule for
the towing and storage of all motor vehicles other than automobiles which
shall be subject to the review and approval of the Borough Council.
(5)
It shall be the responsibility of the tow operators to
comply with all applicable Department of Insurance rules and fee regulations.
(6)
When towing services are required at the scene of an
automobile accident, the day rate shall apply when the time of the accident
is between 8:00 a.m. and 4:30 p.m. Monday through Friday, except New Jersey
State Holidays. The night, weekend and holiday rate shall otherwise apply.
(7)
Storage fees are for each twenty-four-hour period or
fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.
B.
No person shall be liable to any tow operator for any
other towing or storage services for any fees in excess of the licensee's
approved fee schedule. Current fee schedules shall be submitted for approval
on an annual basis at the time of application for license renewal.
C.
When basic towing services are rendered for any automobile, there shall be no additional charges other than those provided for in Subsection A above, including but limited to flatbedding, waiting time, winching, cleanup costs and additional labor.
D.
Tow vehicles transporting multiple vehicles at one time
may charge the applicable fee for each vehicle transported.
E.
Prior to hookup or flatbedding of a motor vehicle, the
tow operator shall present a copy of its fee schedule to the owner or operator
of the vehicle. The fee schedule shall also contain the name, address and
telephone number of the tow operator and a statement of the hours when the
motor vehicle may be claimed.
The Chief of Police shall promulgate such rules, regulations and procedures,
not inconsistent with this chapter, as may be reasonable and necessary to
carry out the provisions of this chapter. Copies thereof shall be provided
to all licensed tow operators and shall be made available to the public, along
with copies of current fee schedules, during normal business hours. Failure
to comply with applicable rules, regulations and procedures may be cause for
revocation of a tow operator's license.
The Chief of Police is hereby designated to enforce the provisions of
this chapter and any applicable rules and regulations.
