[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg 2-15-1994 by Ord. No. O:94-5
(Ch. 64 of the 1969 Code). Amendments noted where applicable.]
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 a 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.
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks, or motorized
bicycles.
The Town of Phillipsburg.
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 Town of Phillipsburg
without first obtaining approval and licensing therefor from the Town
of Phillipsburg. Nothing herein shall require the rendering of road
service or for the provision of towing and storage services within
the Town other than at the request of the Town.
A.
Towers shall furnish adequate and proper wrecking,
towing, storage and minimal or minor emergency repair services to
motor vehicles damaged or disabled within the limits of the Town,
when requested to do so by the Chief of Police or his authorized designee.
B.
No tower shall subcontract any work to be performed
pursuant to this chapter without having first obtained prior written
approval from the Chief of Police. Any tower to whom approval to subcontract
work has been given shall be responsible for the services performed
by the subcontractor and shall remain liable for any violations of
this chapter by the subcontractor.
[Amended 7-1-2003 by Ord. No. O:2003-09]
A.
Applicants for approval under this chapter shall file
an application with the Chief of Police between December 1 and December
15, without exception. Applications received after December 15 will
not be accepted or approved. The form of the application shall be
furnished by the Chief of Police, and applicants are responsible for
securing these applications. The application shall include the following
information and certification:
[Amended 2-1-2005 by Ord. No. O:2005-05]
(1)
The full name and address of the applicant and/or
owner(s) of the towing service. The application must state the type
of business entity which is operating the business, i.e. sole proprietorship,
partnership or corporation. 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. If
the application is made on behalf of a sole proprietorship or partnership,
all parties having an equity interest in the towing service shall
be listed.
(2)
The year, make and type of each tow vehicle used in
said business, its serial number, registration number and registered
owner(s) and licenses held by each owner, application or operators.
(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 security 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 and is installed with a passive
alarm system or a similar on-site security measure. The facility is
to be lighted at night; or
(c)
Outside unsecured: a vehicle storage facility
that is not indoors and is not secured by a fence, wall or other man-made
barrier, and all other storage facilities not defined above as inside
building or outside secured.
(5)
The name and address of the insurance carriers, and
the policy numbers of all insurance policies as required by this chapter.
(6)
A copy of the operator's current fee schedule for
towing and storage services.
(7)
A statement that on-call towing and storage services
will be available 24 hours per day, every day of the year.
(8)
A statement that the procedures required by this chapter
shall be complied with at all times.
(9)
A statement that all tow vehicles are equipped with
two-way radios or cellular phones.
(10)
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 of any applicant for the purpose of determining
compliance with this chapter.
(11)
Whether the tower wishes to be designated as
a light-duty tower or heavy-duty tower, or both.
(12)
Such other information as the Chief of Police
may prescribe.
The following minimum standards must be met
for each class of towers:
A.
Light-duty. A light-duty tower shall be able to handle
all makes of passenger cars and small trucks up to one ton, such as
pickup and small panel trucks. The garage from which a light-duty
tower originates must be equipped with a portable car dolly. Each
light-duty tower shall be equipped with the following:
(1)
Dual rear wheel or equivalent.
(2)
Power-take-off controlled winch with a minimum cable
thickness of 3/8 inch or equivalent.
(3)
Comparable weight equal to the vehicles to be towed,
with a minimum of 10,000 pounds.
(4)
A three-eighths-inch safety chain. The lift chain
and safety chain shall not be attached in any form or manner to the
same part of the wrecker.
(5)
Two double-faced rear flashing amber lights mounted
high enough to be seen over the towed vehicle.
(6)
A three-hundred-sixty-degree rotating amber beacon
light mounted over the cab.
(7)
All lights shall be of such candle power and intensity
as to be visible 1/4 of a mile away or shall be equal to the candle
power of the lights on Town police vehicles.
(8)
Tower shall own at least one flatbed truck for the
removal of vehicles from roadways. A flatbed truck will be used when,
in the opinion of the tower and the police officer on the scene, to
tow the vehicle by conventional means would result in further damage.
B.
Heavy-duty. All towers classified as heavy-duty shall
be equipped with the following:
(1)
Dual rear wheels.
(2)
Manufacturer rating: gross vehicle weight of 32,000
pounds. Manufacturer rating may be obtained from the factory where
the truck originates. Other written evidence of gross vehicle weight
may be accepted by the Town if verified.
(3)
Power-take-off controlled winch with a minimum cable
thickness of 5/8 inch.
(4)
Two double-faced rear flashing amber lights mounted
high enough to be seen over the towed vehicle.
(5)
All lights shall be of such candle power and intensity
as to be visible 1/4 of a mile away or shall be equal to the candle
power of the lights of a Town police vehicle.
(6)
A one-half-inch safety chain. The lift chain and safety
chain shall not be attached in any form or manner to the same part
of the wrecker.
(7)
Air brakes.
(8)
Connecting air lines for connection with the compressor
and air brake lines of the towed vehicles.
(9)
Detachable amber flashing lights attached to the rear
of the towed vehicle.
(10)
Two-speed rear axle and differential or dual
transmission or five-speed transmission.
A.
The Chief of Police 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 safety or welfare.
(2)
The applicant has the ability to respond to any request
for assistance within 20 minutes.
(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.
(5)
The applicant has the ability to perform mechanical
inspections of and minor repairs to disabled vehicles.
(6)
The applicant owns or has a valid lease to a storage
facility within, or within five miles of, the Town in an area legally
zoned for such use, and such storage facility includes a minimum of
10 outside spaces and a secured facility for storage of impounded
vehicles.
(7)
The applicant is in compliance with and/or has the
ability to comply with all other requirements and standards set forth
therein.
B.
The Chief of Police shall conduct his review and render
a report to the Town Council, recommending either approval or denial
of the application within 10 days of receipt of the application. Within
21 days of receipt of the report of the Chief of Police, the applicant,
or its representative, shall be given notice of the date on which
the Town Council will consider the application and shall be permitted
to appear and be heard at that time.
C.
Written notice of the approval or denial of the application
shall be provided to the applicant within seven days of the decision
of the Town Council.
A.
Approvals issued under this chapter may be revoked
by the Chief of Police after reasonable notice and hearing pursuant
to this section 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 minor vehicle
operation.
(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 revocation.
B.
Notice of revocation shall be in writing and shall
include the reasons therefor and notice of the licensee's right to
appeal to the Mayor.
Any person aggrieved by the action of the Chief
of Police in denial of an application, or in revocation thereof, or
in the suspension from the Town on-call towing list, may appeal to
the Town Council by filing with the Office of 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.
A.
Every operator shall carry insurance as follows:
(1)
Comprehensive automobile liability in an amount not
less than $1,000,000 combined single limits.
(2)
Workers' compensation coverage as required by state
law.
(3)
Garagekeeper's liability in an amount not less than
$60,000.
(4)
Garage liability in an amount not less than $1,000,000
combined single limits.
(5)
Comprehensive general liability coverage in an amount
not less than $1,000,000 for each person and $2,000,000 for each accident.
(6)
Endorsements providing for collision coverage for
vehicles in tow.
(7)
Endorsements incorporating the indemnification provision
as set forth herein.
(8)
Endorsements naming the Town as an additional insured
in all insurance policies (except workers' compensation policies).
B.
All tow operators shall hold harmless and indemnify
the Town, 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 or rendered by the licensee. The
foregoing indemnification language shall be incorporated in the required
general comprehensive liability policy.
C.
All insurance policies shall be written by insurance
companies acceptable to the Town and authorized to do business in
the State of New Jersey.
D.
No approval shall be issued until the applicant has
submitted the certificates of insurance evidencing the insurance coverage
and endorsements required. All certificates must provide for 30 days'
prior written notice to the Town of policy cancellation or material
change.
E.
Any approval issued under this chapter will be automatically
revoked upon expiration or cancellation of the required insurance,
or material change in coverage which renders that coverage not in
compliance with the requirements of this chapter.
A.
The Chief of Police shall maintain a list of those
approved tow operators to respond to calls from the Town Police Department.
In order to be included on the on-call towing list, an applicant must
meet all of the requirements of this chapter.
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. The Chief of Police or his designee
may call 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.
C.
The fees to be charged for towing and storage services
shall be as set forth in this chapter. The Town shall not be liable
for the cost of any towing and/or storage services unless those services
are performed on a municipal vehicle.
D.
Inclusion on the on-call towing list shall be automatically revoked upon revocation of approval. The Chief of Police may also suspend a 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 § 584-8.
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 Town 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 Town must
be removed to an approved storage facility in the State of New Jersey
unless the owner or operator of the vehicle specifically requests
that it be towed to another destination. Any Town police officer at
the scene shall be responsible for making the final determination
as to the towing destination.
Upon receipt of notice by the Clerk that an
application has been approved and classified and upon the payment
of the license fee designated herein, the Municipal Clerk shall issue
a license, designated "light-duty" or "heavy-duty" or both.
[Amended 7-1-2003 by Ord. No. O:2003-09; 2-3-2004 by Ord. No. O:2004-01; 3-6-2007 by Ord. No.
O:2007-01; 12-2-2008 by Ord. No. O:2008-35]
A.
Towing and storage.
(1)
Fees; mileage charges.
(a)
A flat fee of $125 shall be charged for all
vehicle breakdowns and police impounds for daytime, nights, weekends
and holidays.
[Amended 6-7-2011 by Ord. No. O:2011-10]
(b)
A flat fee of $125 shall be charged for all
accidents for daytime, nights, weekends and holidays.
[1]
The flat fee shall include all administrative
fees; first 24 hours of storage; mileage; and cleanup of accident
scene (debris, engine fluids, etc.).
[2]
After completion of the first twenty-four-hour
period, the current fee schedule shall apply.
[3]
The following shall not be included in the fee:
delays due to police orders, utility responses, fires, etc., or extrication/recovery
of vehicle(s) (rollovers, winching from ditches, etc.).
(c)
For all police-requested responses involving
Town-owned vehicles or vehicles involved in criminal investigations,
there shall be a flat fee of $75 for daytime, nights, weekends or
holidays.
(d)
Mileage may be charged only if:
[1]
The owner requests that the tow operator tow
his or her vehicle to a location (other than the tow operator facility)
that is located outside of the Town of Phillipsburg; and
[2]
The tow operator informs the owner of the vehicle
of the mileage rate to be charged prior to towing the vehicle to the
requested location.
[3]
Mileage charges shall be calculated based upon
the total distance traveled from the job site to the location designated
by the owner, and then the return from the designated location to
the tow vehicle's base of operations, by way of the shortest available
route. Fractions shall be rounded to the nearest whole number.
(2)
The twenty-four-hour period for storage shall commence
at the point when vehicle is towed.
B.
No person shall be liable to any tow operator for
any mileage fee in excess of the operator's approved fee schedule.
C.
Tow vehicles transporting multiple vehicles at one
time may charge the applicable fee for each vehicle transported.
D.
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 approved 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 approval.
The Chief of Police is hereby designated to
enforce the provisions of this chapter and any applicable rules and
regulations.
