[HISTORY: Adopted by the Mayor and Council
of the Borough of River Edge 10-18-1999 by Ord. No. 1269. (This ordinance
also provided for the repeal of former Ch. 382, Towing, adopted 5-6-1994
by Ord. No. 1102, as amended.) Amendments noted where applicable.]
The purpose of this chapter is to establish
towing and storage fees that shall be charged in the Borough of River
Edge and to establish standards and procedures for towing operators
pursuant to N.J.S.A. 40:48-2.49.
A.
The borough will, as described herein, allow towing
operators (also referred to as "towers") to remove motor vehicles,
store them and to service the needs of the Borough of River Edge as
determined by the River Edge Police Department. The borough will establish
and maintain a list of qualified towing operators, to be contacted
for these services, in rotation. The Borough Clerk or his/her designee
will compile the rotating list of towing operators. The list may be
periodically supplemented. Towing operators meeting the qualifications
set forth below may submit a written request, to the Borough Clerk,
to be considered for placement on the list and will be designated
as "licensees."
B.
The Borough Clerk or his/her designee shall maintain
the rotating list for a period of 12 months, effective September 1
of each year. Qualifying applicants may be added to the list each
September. Disqualified licensees will be deleted immediately upon
disqualification and may requalify for the following twelve-month
period.
C.
Licensees will be selected from towing operators complying
with the requirements of this chapter.
D.
The River Edge Police Department will establish and
assign call-out weeks from the rotating list. The procedure adopted
by the Department will afford each licensee a fair and equal opportunity
to be called upon to provide service.
E.
The borough may, but will not be responsible to, verify any information provided by an applicant in the request to be on the towing list. The borough may, but will not be responsible to, confirm the compliance of equipment with §§ 382-3, 382-5 and 382-6 or the tower's compliance with any requirement imposed by this chapter. The borough's not verifying, confirming or checking upon the tower's compliance with any requirement shall not result in the waiver obligation or duty imposed upon the tower by this chapter, any statute or regulation.
A.
Qualifications.
(1)
To qualify for inclusion and to remain upon the list,
a towing operator, as a licensee, must qualify as follows:
(a)
The annual license fee must be paid in the required
amount on or before September 1 of each year;
(b)
The towing operator shall be of good business
character and reputation;
(c)
The towing operator and its principals (i.e.,
owners, shareholders, general partners, limited partners, members,
directors and officers) must undergo a background check conducted
by the borough's Police Department. The conviction of any crime or
any offense involving moral turpitude may act to disqualify the towing
operator. A disqualification may be waived by the borough upon the
showing of good cause; and
(d)
One of the towing operator's principals must
have at least five years' experience in the towing and storage of
vehicles as an owner/operator or as an employee of a tower.
(2)
With the exceptions of New Jersey and federal fingerprint
searches, a background check will be completed within a reasonable
time of the applicant's providing all information requested by the
borough. Any towing operator applying for placement on the list must
consent, in writing, to the borough's obtaining federal and state
fingerprint searches at the applicant's expense.
(3)
The borough will charge a reasonable fee for the qualification
procedure. The borough must be notified by the towing operator of
any change in its ownership. Any principal of the licensee, not previously
qualified, must submit to a background check within 60 days of taking
any form of ownership. Disqualification of any principal will entitle
the borough to disqualify the licensee.
B.
Towing and storage.
(1)
The towing operator must be able to supply equipment and vehicles described in § 382-5, Equipment requirements, below.
(2)
The towing operator must be able to provide, 24 hours
a day, seven days a week, towing services for the borough within the
required response time at the direction of the Police Department.
(3)
The towing operator must show proof of owning or leasing an area having the capacity properly to store at least 10 vehicles. The proof must include the deed(s) or lease(s) to the property. The storage area must comply with § 382-6.
(4)
Towing operators must provide proof of ownership of
the vehicles to be used for towing.
(5)
Subcontracting of facilities, vehicles or services
shall not be permitted. Towing operators must have all of the facilities,
personnel and equipment to qualify as set forth in this chapter.
(6)
The towing operator must be able to respond to a call
for service from the River Edge Police Department within 15 minutes
and must maintain its towing service vehicles at a distance no greater
than 21/2 miles from the intersection of Kinderkamack Road and Main
Street.
(7)
In the event that a tower fails to respond within
15 minutes from receipt of a call, the River Edge Police Department
may secure the services of an alternate tower. In the event of said
circumstance, the towing operator will not be entitled to any fee
for a late response or any costs and expenses incurred as a result
thereof.
(8)
The towing operator shall not make any repairs to
any vehicle it tows or stores as provided for hereunder without receiving
the vehicle owner's prior written authorization.
(9)
Municipal vehicles.
[Amended 9-17-2012 by Ord. No. 1770]
(a)
Heavy trucks weighting an excess of 15,000 pounds and over shall be towed and/or stored at 25% of the ordinance rate as set forth in § 382-8, provided further that the vehicle is within a fifteen-mile radius of the towing and storage provider.
(b)
Vehicles under 15,000 pounds will not pay any towing and/or storage
fees, provided that the vehicle is within a fifteen-mile radius of
the towing and storage provider.
(10)
The towing operator shall be responsible for
the subsequent cleanup. If gasoline is spilled as a result of any
accident, the Police Department will, upon notification, take charge
of its removal. Absorbed liquids, other than gasoline, shall be removed
from the roadway by the tower, placed in plastic bags and then disposed
of by the towing operator or the owner of said vehicle in compliance
with all applicable laws or regulations.
A.
The towing operator shall provide and maintain the
following types of insurance to be obtained from insurance companies
licensed to do business in the State of New Jersey and acceptable
to the borough and shall provide the borough with certificates of
insurance showing proof of the following required coverages:
(1)
Automobile liability in an amount not less than $1,000,000
combined single limit;
(2)
Workers' compensation as required by statute;
(3)
Garagekeeper's liability in an amount not less than
$60,000 per location;
(4)
Garage liability in an amount not less than $1,000,000
combined single limit;
(5)
Comprehensive general liability in an amount not less
than $1,000,000; and
(6)
Excess umbrella coverage in the amount of $1,000,000
giving protection in excess of the $1,000,000 comprehensive and automobile
liability coverages.
B.
Policies shall be endorsed to provide collision coverage
for vehicles in tow.
C.
All policies shall name the borough as an additional
insured.
D.
All policies must contain a provision requiring notification
to the borough of any policy cancellation or revision.
E.
The towing operator shall indemnify and hold the borough
harmless from any damage or loss sustained to any vehicle or contents
or any injury to any person(s). The indemnification will include but
not be limited to the defense of all lawsuits relating to the towing
or storage of any vehicle, the payment of any judgment relating thereto
against the borough, costs of suit, including but not limited to investigation
cost(s), and legal fees.
B.
The equipment to be used by the towing operator shall
meet the following requirements:
(1)
All equipment must be of the type, condition and design
to efficiently perform the required services.
(2)
All equipment and trucks to be used by the towing
operator must be of such construction and capacity as to be capable
of towing any type vehicle, including vehicles that are uprighted,
overturned or without wheels.
(3)
All trucks shall be equipped with a two-way radio
capable of transmitting and receiving from the towing operator's office
anywhere in the borough on a twenty-four-hour's basis.
(4)
All trucks shall be provided with a serviceable (properly
rated) fire extinguisher.
(5)
All trucks shall be equipped with all standard trade
tools. These shall include but not be limited to wrecking bar, hammers,
screwdrivers, etc.
(6)
All trucks will be equipped with a shovel, broom and
other equipment necessary to clean up broken glass and debris from
the scene of any accident to which they are summoned.
(7)
All trucks used by the towing operator shall be kept
in a clean, good-working condition.
(8)
Each truck must have a minimum of 50 pounds of dry
sand or a drying compound for oil and/or any other liquid, except
gasoline, that might be spilled onto a roadway as a result of an accident.
(9)
The towing operator shall have displayed its name,
address, telephone number and any other information required by any
law or regulation on all of its trucks in such a manner and of such
lettering as conforms to the provisions of N.J.S.A. 39:4-46.
C.
Each towing operator must annually furnish the following
information with respect to the aforementioned trucks: make, model,
year and registration number of each truck. A photostat copy of each
registration and insurance identification card shall also be included.
For leased trucks, the towing operator shall furnish a copy of each
lease. Only trucks listed may be used by the towing operator.
The towing operator shall have an impound area
that meets the following requirements:
A.
Land area used for storage of vehicles shall be paved
or stoned, and the area shall facilitate reasonable towing distances.
B.
Signs which readily identify the storage facility
and which comply with all applicable laws shall be installed.
C.
No towed vehicle shall be parked upon a public or
private street or sidewalk. Said vehicle shall be stored by the towing
operator within the storage area so provided.
D.
The entire land area shall be enclosed by a fence
of sturdy construction at least seven feet high with at least one
lockable gate for ingress and egress in accordance with local zoning
regulations.
E.
The impound area shall be properly lighted from dusk
to dawn and must be properly safeguarded from vandalism and/or theft.
The security requirements of the borough's and/or towing operator's
insurer shall be complied with. The towing operations may be excused
from such requirements only if compliance would violate any ordinances,
regulation or statute and only after providing notice to and receiving
the borough's consent.
F.
The borough's Police Department shall have access
to any part of the impound area at any time, day or night, for the
purpose of inspection and/or investigation. This shall include indoor
and outdoor areas.
G.
Access will be restricted to prevent the public from
having unescorted access to the aforementioned impound area. Said
area shall be posted in accordance with the River Edge Police Department's
directions regarding access restrictions.
H.
A small storage area, sufficient to hold two vehicles,
must be maintained for vehicles that may be involved in a police incident.
In addition, an indoor area shall be provided for at least one vehicle,
when necessary.
I.
The towing operator shall conspicuously post at his
place of business the fee schedule for storage and towing of vehicles.
J.
There shall be no piling of vehicles towed as part
of the service(s) provided pursuant to this chapter.
K.
The towing operator shall maintain a place of business
where trucks, in response to police requests, shall normally be kept.
The impound area shall be located adjacent to or be a part of said
place of business.
The employee of the towing operator shall meet
the following requirements:
A.
An employee of the towing operator shall under no
circumstances be deemed an agent, servant or employee of the borough
or represent to the public that he is an employee of the Borough of
River Edge.
B.
No person shall be employed by the towing operator
who has been convicted of a crime or offense involving moral turpitude.
The towing operator shall be responsible to enforce this requirement
upon its own employees; the borough will not perform any background,
record or fingerprint checks upon the towing operator's employees.
C.
Each employee shall be provided with an identification
tag by the towing operator. The tag must be of sturdy construction
and include the employee's photograph and name. The tag must be worn
on the employee's outer garment while servicing a tow call.
D.
The towing operator and its employees are prohibited
from collecting or attempting to collect a fee, commission, pay or
charge other than as provided in this chapter.
E.
The towing operator shall provide the Police Department
with a list of said personnel and their driver's license numbers for
verification.
F.
Employees shall have a valid CDL license or state-required
license to operate the appropriate towing vehicle.
G.
The towing operator will be responsible to maintain
its own driver safety program and to assure that its personnel are
properly qualified.
[Amended 9-17-2012 by Ord. No. 1770; 10-2-2017 by Ord. No. 17-24]
The fees permitted by the following fee schedules are promulgated
in accordance with N.J.S.A. 40:48-2.49 and N.J.A.C. 11:3-38. The maximum
fees permitted by this chapter will be the same as allowed by the
statute and regulation, as they may be amended. This chapter will
be interpreted to provide for the same maximum fees, as said statute
and regulation will permit, without further amendment hereof. The
following is the fee schedule for basic automobile towing services
pursuant to N.J.S.A. 40:48-2.49:
A.
Vehicles under 6,000 pounds.
|
Description
|
Fee
|
|---|---|
|
Towing
|
$125
|
|
Mileage (out of town or not to yard) (within NJ), per mile rate
|
$5
|
|
Road service
|
$60
|
|
Storage (per calendar day)
|
$40
|
|
Winching/recovery (beyond right-of-way)
|
$150
|
|
The fees set forth above are the maximum charges that shall
apply to private passenger automobiles for basic towing services.
There shall be no additional charges other than those provided herein,
including, but not limited to, flatbedding, waiting time, winching
(except as described below) and additional labor when only basic towing
services are required.
|
B.
Vehicles 6,001 pounds to 10,000 pounds.
|
Description
|
Fee
|
|---|---|
|
Towing (per hour)
|
$175
|
|
Road service
|
$75
|
|
Storage (per calendar day)
|
$75
|
|
Winching/recovery (per hour, per truck)
|
$200
|
C.
Vehicles over 10,001 pounds.
|
Description
|
Fee
|
|---|---|
|
Towing (per hour)
|
$325
|
|
Road service
|
$100
|
|
Storage (per calendar day)
|
$100
|
|
Winching/recovery (per hour, per truck)
|
$425
|
D.
Clean-up.
|
Description
|
Fee
|
|---|---|
|
Clean-up at accident scene
|
$35
|
|
Speedi-Dri (per bag)
|
$15
|
|
Crash wrap (front, rear)
|
$40
|
|
Crash wrap (side)
|
$25
|
|
Waiting time (initial 30 minutes on arrival, no charge; thereafter
$100 billed at 30-minute increments at a per-hourly rate)
|
E.
Release of vehicles.
(1)
The towing operator must have, at a minimum, the following hours
for releasing of vehicles: Monday through Friday, 8:00 a.m. to 6:00
p.m.; Saturday 8:00 a.m. to 1:00 p.m.
F.
Winching service charges. Winching is described as the process of
moving a motor vehicle by the use of the cable from a position that
is not accessible for direct hookup by conventional means for loading
onto a tow vehicle. Winching shall not include the pulling of a vehicle
onto a tilt bed or carrier nor lifting a motor vehicle with a conventional
sling. There will be no additional charge for winching to facilitate
the tow. Winching service charges apply to, but are not limited to,
vehicles that are positioned in embankments, overturned or positioned
in such a precarious manner that normal winching to facilitate the
tow is unsuitable.
G.
Storage charges.
(1)
Storage charges shall not be charged if the vehicle owner is on site
at the storage facility and can perform all acts necessary to retrieve
the vehicle within the first three hours of the tow. The fees set
forth on the schedule for storage fees are the maximum storage charges
per twenty-four-hour period or a part thereof that shall apply to
a vehicle that is stored. A new twenty-four-hour period begins at
12:01 a.m.
(2)
Additional storage shall not accrue if the vehicle has been released
by the River Edge Police Department, but the towing operator is not
available to release it. The towing operator shall assume and be solely
responsible for all costs incident to moving vehicles from one storage
area to another storage area owned and operated by the towing operator.
A.
The towing operator shall maintain records of all
vehicles it tows, stores and releases. Records shall be kept for four
years. These records shall include the name of the responding police
officer, the date and time of tow-in, destination towed, vehicle tag
number and state, vehicle identification number, make, model, color
and year of vehicle, charges to owner of vehicle, disposition of vehicle
and date thereof.
B.
The towing operator shall maintain a record of all
property found anywhere in the towed vehicle, including the trunk
and glove compartment when open and where a key is available.
C.
The Borough of River Edge shall have access to any
and all of these records if so requested.
B.
Any vehicle remaining in the towing operator's possession
which is unclaimed for a period of 90 days may, if otherwise permitted
by law, be sold by the towing operator according to law. The towing
operator shall apply the proceeds of said sale to the payment of any
storage and towing charges due. If the proceeds of the sale exceed
the amount properly due to the towing operator, the excess shall be
paid to the Borough of River Edge. The towing operator will supply
the borough with details, upon request, of any and all sales pursuant
to this subsection.
C.
The borough may, at any time prior to the sale of
a vehicle by the towing operator, elect to sell any vehicle in the
possession of the towing operator for more than 90 days pursuant to
N.J.S.A. 40A:14-157. In each event, the borough, through the Chief
of Police, shall send to the towing operator written notice of its
election to sell said vehicle pursuant to said statute. Upon the sale
of same, the towing charges accruing up to the date of sale and any
surplus funds shall be disposed of according to law. If the proceeds
of such sale are insufficient to pay the accrued towing or service
charges, the towing operator will not be entitled to assert any claim
against the borough to pay same. The procedures set forth herein shall
not be construed nor is it the intent that in authorizing this procedure
the vehicle shall be deemed to be tangible personal property coming
into the possession of the Police Department or the Borough of River
Edge pursuant to N.J.S.A. 40A:14-157.
D.
The towing operator shall not assign, transfer, convey,
dispose or subcontract the award of this service or any part without
the borough's prior written consent given by either the Borough Administrator
or Chief of Police.
E.
In the event that a vehicle is impounded by the Police
Department as a result of an arrest and ownership of said vehicle
is lawfully given to the Borough of River Edge, no fee to the Borough
of River Edge will be levied for the towing and storage of said vehicle.
F.
The towing operator shall accept major credit cards
and/or auto club memberships for payment of charges.
G.
In the event that the towing operator has been summoned
by the borough for the purpose of towing a vehicle, and the owner
of the vehicle arrives at the scene prior to the removal of the vehicle,
the owner may be charged the unloading and show-up charge listed in
the rate schedule.
H.
All towing requests shall be forwarded to the towing
operator pursuant to the rotation list, except where an owner of a
disabled vehicle is a member of the American Automobile Association
(AAA). Said owner may request that the vehicle be towed by an AAA-affiliated
tower. The River Edge Police Department may forward the request to
the AAA central towing service, provided further that the disabled
vehicle does not represent a public safety hazard in the opinion of
the police officer in attendance.
A.
All complaints received by the borough regarding a
towing operator's performance under the provisions of this chapter
shall be investigated by the Chief of Police or his designee and resolved
to the satisfaction of all parties. In the event that the complaint
cannot be resolved to the mutual satisfaction of the parties, the
matter shall be submitted to the Mayor and Council. The decision of
the Mayor and Council shall be final.
B.
The towing operator will comply with all ordinance
and statutory dispute resolution procedures.
C.
The towing operator shall at all times comply with
this chapter or the borough may remove the towing operator from the
rotating list after notification and an opportunity for a hearing
conducted by the Mayor and Council.
D.
The Chief of Police is hereby designated to enforce
the provisions of this chapter in accordance with the due process
of law.
A.
Ordinance
No. 1102 and revisions thereto are hereby repealed. All ordinances
or parts of ordinances inconsistent with the provisions of this chapter
are hereby repealed. This chapter shall take effect immediately upon
passage and publication according to law.
B.
Inconsistency
and effectiveness of Ordinance No. 1770.
[Added 9-17-2012 by Ord. No. 1770]
