Whenever used in this chapter, the following terms shall have
the following meanings:
APPLICANT
Any person, persons, partnership or corporation submitting
an application for a license to furnish towing service in the Borough.
BASIC TOW
Private property towing and other nonconsensual towing as
defined in this section and other ancillary services that include
the following: arriving at the site from which a motor vehicle will
be towed; 15 minutes waiting time; hooking a motor vehicle to, or
loading a motor vehicle onto, a tow truck; transporting a motor vehicle
to a storage facility; unhooking or unloading a motor vehicle from
the tow truck; and situating the motor vehicle in the space in which
it will be stored. "Basic tow" also includes issuing documents for
the release of a motor vehicle to its owner or other person authorized
to take the motor vehicle; issuing an itemized bill; three trips to
the motor vehicle in storage, which, if applicable, include making
a vehicle available to an insurance appraiser or adjuster; issuing
documents for the release of a motor vehicle to its owner or other
person authorized to take the motor vehicle; and retrieving a motor
vehicle from storage during the hours in which the storage facility
is open.
BOROUGH
The Borough of Rutherford in the County of Bergen, State
of New Jersey.
CRUISING
Driving an unengaged tow truck on a street or highway within
the Borough for the purpose of soliciting business.
GARAGE
A building wherein 10 motor vehicles towed for the Borough
of Rutherford can be sheltered or stored, located within an area permitted
under the Zoning Ordinance of the municipality.
LICENSEE
Any person, persons, partnership or corporation licensed
by the Borough to furnish towing service in the Borough in accordance
with the provisions of this chapter.
MOTOR VEHICLE
All vehicles propelled otherwise than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles.
POLICE DEPARTMENT
The Borough of Rutherford Police Department as established by Chapter
76 of the Code of the Borough.
STORAGE AREA
Any lot, area or place wherein a minimum of 20 motor vehicles
towed for the Borough of Rutherford can be placed and/or stored, surrounded
entirely by an adequate fence and lighting and located in an area
permitted under the Zoning Ordinance of the municipality.
TOW TRUCK
A vehicle employed for the purpose of towing, transporting,
conveying and removing any damaged, disabled and abandoned motor vehicles
from the streets or highways within the Borough at the request of
the owner or the Police Department.
TOWER
Any person, persons, partnership or corporation issued a
license to provide towing services.
TOWING SERVICE
The towing, transporting, conveying and/or removal of damaged,
disabled and abandoned motor vehicles from the streets or highways
within the Borough.
WINCHING
The process of moving a motor vehicle by the use of chains,
nylon slings or additional lengths of winch cable from a position
that is not accessible for direct hookup for towing a motor vehicle.
Winching includes recovering a motor vehicle that is not on the road
and righting a motor vehicle that is on its side or upside down, but
does not include pulling a motor vehicle onto a flatbed tow truck.
WRECKER
A public vehicle employed for the purpose of towing, transporting
and/or conveying or removing all kinds of vehicles which are unable
to be and/or are actually not operated under their own power, for
which service a charge or fee is exacted.
No person, persons, partnership or corporation who or which
wishes to engage in municipal police towing shall engage in the business
of operating wreckers or tow trucks for the aforementioned purpose
within the Borough without first obtaining a license therefor.
Each licensee shall meet the following standards and qualifications:
A. The licensee must have a garage and storage area which, if not located
within the Borough of Rutherford, shall be located within the Borough
of Rutherford or towns west of the Hackensack River, but not more
than one mile from the boundaries of the Borough of Rutherford.
B. The licensee must deposit with the Borough Clerk the following insurance
policies:
(1) The licensee shall carry workers' compensation insurance in
accordance with the requirements of the laws of the State of New Jersey.
He shall also carry public liability and property damage contingent
liability insurance to indemnify the Borough and the public against
any loss due to injuries, accidents or damage of any nature or character
whatsoever, when such damage is the result of any omission of the
licensee, his agents or employees in or due to the execution of the
work called for under the license in an amount not less than $250,000.
(2) Comprehensive general liability coverage with a limit of not less
than $1,000,000 combined single limit, to include contractual liability
coverage. At the licensee's option, a garage liability policy
in lieu of a comprehensive general liability policy will be acceptable,
if there is evidence from the carrier that they are aware of this
contract and will hold the Borough of Rutherford harmless.
(3) A $2,000,000 umbrella liability policy.
(4) Automobile liability insurance with limits of not less than $1,000,000
combined single limit.
(5) Garage liability coverage at a limit of liability of not less than
$1,000,000 combined single limit and garage keepers' liability
coverage, on a direct primary basis, in the amount of $250,000, with
a maximum deductible of $500.
(6) Certificates of insurance showing that both the licensee is named
insured and the Borough of Rutherford is an additional insured.
(7) The licensee shall defend and hold harmless the Borough of Rutherford
for liability from any and all obligations, liabilities, judgments,
claims and demands for personal injuries and damages to property which
may arise out of the performance of this agreement. The licensee shall
save harmless the Borough from all actions at law for any infringements
of patent rights of tools, equipment, apparatus or methods used by
him.
C. The licensee must meet all the requirements of Title 39 of the New
Jersey Revised Statutes, motor vehicle rules and regulations.
D. The licensee must own or lease and have operating at all times and
ready to go to a call at a location within the boundaries of the Borough
of Rutherford when dispatched by the Rutherford Police Department,
pursuant to the terms of the license and for the full term of the
contract:
(1) At least three one-ton tow trucks with one-ton chassis and four-ton
crane and wheel lifts.
(2) At least three wreckers/tow trucks with a boom rating of at least
35 tons, of such construction and capacity that they will be able
to tow any type of vehicle, one of which shall have 25,000-pound underreach
wheel lifts.
(3) One flatbed-type tow truck which is at least 26 feet, measured bumper
to bumper.
(4) In addition to the vehicle required in the preceding Subsection
D(3), a flatbed trailer and truck (for the removal of heavily damaged trucks, buses, etc.) with a gross vehicle weight (GVW) of 80,000 pounds or have a subcontractor on twenty-four-hour call with such equipment.
(5) An air cushion recovery system with a minimum of two air cushions
available.
(6) A forklift for unloading cargo or cleaning up cargo spilled on roadway
with a minimum rating of 7,000 pounds, or have a subcontractor on
twenty-four-hour call with such equipment.
(7) Equipment for jump starts, the changing of flat tires and portable
heavy-duty lighting.
(8) Personnel certified in heavy recovery and handling hazardous materials.
(9) One large broom and shovel in each vehicle.
(10)
Portable safety lights to be installed on rear of towed vehicle
if necessary.
(11)
Steering wheel lock for towing vehicles from the rear.
(12)
Safety flares for night work.
(13)
At all times, at least three employees with Class A commercial
driver's licenses available to operate the above equipment, 24
hours a day, seven days a week, including holidays.
E. The licensee must have a security device to ensure nontampering of
motor vehicles held for evidence and/or processing by the Police Department.
Any vehicle being held for such purpose(s) shall be stored indoors.
F. The licensee must provide a telephone number where the licensee may
be reached 24 hours per day, seven days per week.
Each license issued shall be for a period of one year commencing
January 1 and terminating on December 31 of each year. The fee for
any such license shall be prorated according to the effective date
of such license and based on the annual fee of $750, which shall be
paid to the Borough Clerk. All licensees seeking to renew their license
shall submit an application for renewal of license on the form provided
by the Borough Clerk, together with the annual license fee.
The licensee shall not assign, transfer, convey, sublet or otherwise
dispose of the license to any other person or legal entity. Violation
of this provision shall be sufficient cause for cancellation of the
contract and revocation of the license.
By making application to be licensed as a tower by the Borough
and by accepting such employment, the licensee and its operators or
agents agree to the following:
A. The licensee shall be available 24 hours a day, seven days per week.
B. The wrecker/tow truck shall have a passenger seat to transport the
driver of the vehicle to be towed, under appropriate circumstances,
at no additional cost to the owner of the vehicle.
C. Any person, company or corporation requesting this license must have
had a towing business for a minimum of five years and must be of known
good reputation in the field of wrecking and towing.
D. Wreckers/tow trucks shall have mobile communication with their dispatching
center on a twenty-four-hour basis.
E. Calls must be answered within 15 minutes of the Rutherford Police
Department notice to the licensee to respond to a call, unless a mutually
agreed time is approved.
F. The licensee shall provide each wrecker/tow truck with a shovel,
broom and other equipment necessary to clean up broken glass and debris
from the scene of an accident to which it is summoned. The driver
of such wrecker/tow truck shall be responsible for such cleanup.
G. All wreckers/tow trucks used and employed in towing of vehicles shall
be kept in a clean, good working condition, and the name, address
and telephone number of the licensee shall be conspicuously displayed
on each vehicle.
H. All licensees shall be required to comply with all state and local
laws and be licensed, as required.
I. The licensees shall, when performing under this license, follow the
lawful directions of the officers of the Rutherford Police Department,
agents or representatives of the Borough of Rutherford.
J. A person retrieving his vehicle shall be able to transact all business,
including the pickup of the vehicle and payment of fees, at the same
location. Such vehicles shall be available for pickup between the
hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, and 8:00
a.m. through 12:00 noon on Saturday or upon special request of the
Police Department.
K. There shall be no piling of vehicles.
L. Vehicles shall be towed and stored in a safe manner so as to prevent
any damage to such vehicles.
M. The licensee shall provide a clean waiting room for the public with
a restroom and access to a telephone.
N. The licensee shall accept at least one major credit card.
O. The licensee shall provide the Police Department with the following
information on vehicles unclaimed over 10 days:
(1) The year, make, color and vehicle identification number.
(2) The owner's name and address if available.
(3) The Police Department CD number for the incident resulting in the
towing of the subject vehicle.
P. The licensee shall be responsible for any valuables left in or on
motor vehicles in his custody.
Q. The licensee shall post in a conspicuous place at the storage area
both the state and Borough towing rates.
The practice of cruising with a tow truck is forbidden. Furthermore,
no person shall pay any emolument 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
for any accident or soliciting the employment of the licensee's
service nor give any gratuities, fees or other compensation or gifts
to any members of the Police Department. No solicitation for automobile
repairs shall be made by a licensee at the scene of an accident or
within 48 hours of the release of the automobile owner from any hospital.
Any licensee aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of an application for a license as provided in §
117-12 shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Mayor and Council, within 14 days after notice of the action complained of has been mailed to the licensee's last known address, a written statement setting forth fully all the facts why the action of the Chief of Police or Borough Clerk was improper. The Mayor and Council shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in §
117-12B. The decision and order of the Mayor and Council on such appeal shall be final and conclusive.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $500 or
by imprisonment in the county jail for a period not to exceed 30 days,
or by both such fine and imprisonment; and each violation of any of
the provisions of this chapter and each day there is a violation thereof
shall be deemed and taken to be a separate and distinct offense.
If, for any reason, any section or part of a section, paragraph
or provision of this chapter shall be held to be unconstitutional
or invalid, such holding shall not affect any other section, any part
of a section, paragraph or provision of this chapter.