[HISTORY: Adopted by the Mayor and Council
of the Borough of Riverdale 4-19-1993 by Ord. No. 1-93; amended in its entirety 6-20-2005 by Ord. No.
7-2005. Subsequent amendments noted where applicable.]
The Mayor and Council of the Borough of Riverdale shall establish a list of persons or firms who shall be utilized by the Police Department of the Borough of Riverdale to provide towing and wrecking services for abandoned, wrecked or impounded motor vehicles. In establishing the list, first consideration shall be given to those persons or firms who are presently authorized by the Police Department for this service. All other operators will be given consideration based on the date of the application filed by them, which application is fully described in § 154-2 of this chapter. All storage facilities and business offices must be located in the Borough of Riverdale.
A.
An application for a license as a proprietor of a
towing or wrecking business to be placed on the list to be utilized
by the Police Department shall be made by the person or firm engaged
in operating a towing or wrecker service. The application shall be
made on forms furnished by the Borough Clerk and specifically report
the following facts:
(1)
The full name and address of the applicant. If the
application is made for a corporation, it shall state the names and
address of the officers and directors thereof, its registered office
and its registered agent.
(2)
The year, make and model of each tow truck used in
said business, its serial number, registration number and its registered
owner.
(3)
The address where the tow truck or wrecker is regularly
garaged, the telephone numbers available on a twenty-four-hour-per-day
basis and the names of all operators, their addresses and their New
Jersey driver's license numbers.
B.
The application for a towing-wrecking license shall
be accompanied by a certification of liability and property damage
insurance for said wrecker in the policy limits of no less than $1,000,000/$3,000,000
per occurrence. The certificate of insurance shall be issued by a
company certified to do business in the State of New Jersey, and each
policy so required must contain an endorsement providing for a thirty-day
notice of cancellation, stating that the Borough of Riverdale and
the licensee shall receive 30 days' notice of cancellation by certified
mail, return receipt requested.
C.
The application for the towing-wrecking license shall
be accompanied by a certificate for full comprehensive automobile
liability insurance, including hired and nonowned auto coverage.
D.
The application for a towing-wrecking license shall
be accompanied by a certificate for full garage-keepers legal liability
coverage, including fire, theft, collision and comprehensive, including
vandalism and malicious mischief.
E.
The Borough of Riverdale must be named as an additional
insured under the liability portion of the insurance coverage.
F.
The towing-wrecking firm must establish a hold-harmless
indemnification agreement in favor of the Borough of Riverdale for
all liabilities (both legal and equitable) arising out of the performance
of the contract.
G.
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.
H.
The Mayor and Council shall have the authorization
to issue up to two licenses.
Each licensee shall be issued an identification
card in the form required by the Chief of Police. The identification
card shall be issued and signed by the Chief of Police, the Police
Commissioner and the Mayor, which card shall be renewable annually.
A.
The office, workshop and storage areas of the applicant
must be located in zones where such use is permitted if said areas
lie within the boundaries of the Borough of Riverdale.
B.
Each vendor providing towing service must show proof of ownership
or a lease agreement for a proper land area to store a minimum of
15 cars dedicated for Riverdale towed vehicles. Adequate lighting,
as determined by the Borough Engineer, shielded from abutting premises
shall be maintained during night hours. All storage areas must be
kept in a clean and orderly manner and shall be fenced in.
[Amended 9-23-2015 by Ord. No. 14-2015]
C.
No stacking of wrecked automobiles shall be permitted
one on top of the other, and only one level of storage is permitted.
D.
One hydraulic wrecker must meet all of the requirements of Title
39 of the Revised Statutes of New Jersey, entitled "Motor Vehicles
and Traffic Regulations," and must have a lifting capacity of at least
15 tons with an under reach capacity of 15 tons.
[Amended 9-23-2015 by Ord. No. 14-2015]
E.
Operator must possess at least one flatbed capable
of carrying vehicles up to seven tons.
A.
After the application has been submitted and reviewed
by the Chief of Police, it shall be forwarded to the Mayor and Council
for approval or disapproval. Such approval or disapproval shall be
dependent on both the applicant's technical ability to perform the
requested tasks as outlined above and upon the applicant's personal
fitness to engage in a business regulated in the public interest.
B.
Factors which the Police Department and the Mayor
and Council shall determine as disqualifying for reasons of personal
fitness shall include:
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 order of the monthly rotation
basis. All owners or operators of disabled vehicles must 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. However, if
the police officer at the scene of the accident or disabled vehicle
feels that the vehicle is causing an unsafe condition, he will have
the authorization to have the vehicle removed.
[Amended 9-23-2015 by Ord. No. 14-2015; 12-26-2018 by Ord. No. 06-2018]
A.
Towing fees and other charges shall conform with the New Jersey State
Police towing rates published and updated on an annual basis.
B.
Additional rate provisions.
(1)
The towing rate shall be calculated based on the total distance traveled
from the tow vehicle's base of service to the job site and return
by way of the shortest available route. Fractions shall be rounded
up to the nearest whole mile.
(2)
Tow vehicles transporting multiple vehicles at one time shall receive
applicable fees for each vehicle transported.
(3)
The storage fees are the maximum storage charges per twenty-four-hour
period.
(4)
Every operator of a towing service shall, prior to the actual towing
or storage of any vehicle, give the owner a written estimate of costs
and a written receipt when paid upon request.
The practice of cruising with a wrecker or tow
truck is forbidden. Furthermore, no person shall pay any money to
any third person not involved in the accident or to any police officer
for information as to the location of any accident or soliciting the
employment of the licensees' service nor give any gratuities, fees
or other compensation or gifts to any members of the Police Department.
No solicitations for automobile repairs shall be made by a licensee
at the scene of an accident or within 48 hours of the release of an
automobile owner from any hospital.
The fee for the license issued under this chapter
shall be a fee of $150 per year paid on receipt of said license. The
license shall remain valid from January 1 to December 31 of each year
or part thereof. Initial fee-paid licenses may be renewed annually
by the operator, provided that the operator continues to comply with
all the terms and conditions of this chapter.
A.
By making application to be utilized as a tower or
wrecker by the Police Department and by accepting such employment,
the person or firm agrees to:
(1)
Provide a prompt response to each call.
(2)
Clean all debris at the accident site emanating from
the accident.
(4)
Maintain a ledger of vehicles towed, the name of the
owner or operator, if known, the charges made for the service and
the rate and amount paid.
(5)
Comply with all other terms and conditions of this
chapter.
(6)
Comply with all motor vehicle rules and regulations
found within Title 39 of the Revised Statutes of New Jersey.
B.
The applicant agrees to have a Riverdale-licensed
tower cover for said applicant should he be unable to fulfill his
responsibility on a particular day or night.
C.
The tower shall place all personal property from vehicles
in a safe and secure place and make the property available to the
owner.
A.
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, subject to the approval by resolution
of the Mayor and Council of the Borough of Riverdale.
B.
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.
C.
Any person or firm aggrieved by any rules or regulations
promulgated by the Chief of Police or by a suspension or revocation
made by him shall be given a hearing by the Borough Council within
15 days of the filing with the Borough Clerk of a request for a hearing.
D.
If a tower refuses a call or misses a call without
obtaining coverage, that tower shall forfeit the next month on rotation.
If a tower refuses or misses two calls without obtaining coverage
during a license year, the license shall be revoked.
A.
Nothing in this chapter shall prevent the owner or
operator of an automobile from contracting a tower of his own choice
to remove his vehicle from the public streets of the Borough of Riverdale
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 of his own choice to remove the
vehicle from the public roadways of the Borough.
B.
After this reasonable period of time, the Borough
shall remove the vehicle by resorting to the procedures set forth
in this chapter, except where the vehicle creates a hazardous condition.
The police officer will take into consideration the condition of the
vehicle and the position on the roadway.
