[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 5-6-2014 by Ord. No. 1476.[1] Amendments noted where applicable.
[1]
Editor’s Note: This ordinance also repealed former Ch.
264, Towing, adopted 4-29-2003 by Ord. No. 1222.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle of a private passenger or station wagon type
(to include minivans and sport utility vehicles) that is owned or
leased and is neither used as a public or livery conveyance for passengers
nor rented to others with a driver, and a motor vehicle with a pickup
body, or delivery sedan, a van or panel truck or a camper-type vehicle
used for recreational purposes owned by an individual or husband and
wife who are resident of the same household, not customarily used
in the occupation, profession or business of the owner(s).
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.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls, for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the licensed owner
or operator of the motor vehicle even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the licensed owner
or operator of the motor vehicle.
An automobile storage facility that is not indoors and is
secured by a fence, wall, or other man-made barrier that is at least
six feet high and is installed with a locked gate. The facility is
lighted at night.
Recovery can be achieved by several actions which may include
but are not limited to winching and rigging. A recovery is when the
tow operator applies his knowledge in a skillful manner to preserve
the condition of the motor vehicle while moving the damaged vehicle
to a towable position.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof; a new twenty-four-hour
period begins at 12:01 a.m. of the succeeding day.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where the
tow vehicle is stationed or when not in use.
Charge for a motor vehicle towed into the storage facility
of the primary tower that is not movable and must be towed out of
the primary tower's storage facility to a public street for towing
by the secondary tower.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to EMS services which
must be performed and/or police investigations.
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 leading onto a tow vehicle. Winching is not pulling a vehicle
onto a tilt bed or carrier nor lifting a motor vehicle with a conventional
tow sling.
A.
The governing body of the Borough of Emerson shall license persons
or companies meeting the criteria set forth in this chapter and engaged
in the business of, or offering the services of, motor vehicle towing,
wrecker and/or storage services, whereby damaged or disabled motor
vehicles are towed or otherwise removed from the place where they
are damaged or disabled by use of a tow vehicle, as defined herein.
Such person or company shall be known as an "official tower."
B.
The Police Department or Borough designee will maintain a record
of approved towing companies.
C.
No person may engage in municipal towing at police request without
first obtaining a license as provided by this chapter. Nothing in
this chapter shall apply to persons who operate a wrecker or tow truck
that picks up disabled vehicles outside the Borough limits and are
in the course of taking such vehicles to a garage or other location,
either within or without the Borough, nor to wreckers or tow trucks
whose services are specifically requested by the driver or owner of
a disabled vehicle.
D.
In an effort to fairly distribute towing, a license shall not be
issued to any individual, partnership, corporation, limited liability
corporation, or any other business entity where that person or entity
has an interest in another business entity already possessing or applying
for a license.
A.
The official tower shall furnish adequate and proper towing, wrecking,
storage and emergency repair service to damaged or disabled motor
vehicles within the limits of the Borough when requested to do so
by the Chief of Police or his designee. The official tower shall be
available to render service 24 hours per day, seven days per week.
B.
In the event that a disabled vehicle requires special towing equipment
and the official tower does not possess such equipment, then the Chief
of Police or his designee shall select the next official tower in
the rotation list who does possess the necessary special equipment
to tow such disabled or damaged vehicle. No official tower shall subcontract
or assign work to be performed by the official tower under the provisions
of this chapter.
A.
Any person, corporation or business firm who desires to perform towing
work at police request shall submit an application in accordance with
the provisions of this chapter for a towing license on forms furnished
by the Borough Clerk to the Chief of Police. The application shall
state:
(1)
The full name, address, date of birth, social security number and
telephone number of the applicant. If the application is made for
a corporation, it shall state the corporation's registered office,
its registered agent, the names, residences and telephone numbers
of all persons owning an interest in the corporation, as well as the
date of birth and social security numbers of all applicable persons.
(2)
No person(s), corporation, partnership, limited liability company
or other business entity that is listed as having or possessing an
ownership interest on an application of a towing company seeking an
official tower license from the Borough shall be listed as having
or possessing an ownership interest on the application of any other
towing company seeking to become an official tower for the Borough.
If a person(s), corporation, partnership, limited liability company
or other business entity is listed as having or possessing an ownership
interest on more than one application for an official tower license,
then the Chief of Police shall contact that person(s) or business
entity and advise of the violation of this section, and the applications
shall be returned to both towing companies along with each towing
company's application fee. Nothing shall preclude either towing company
from resubmitting an application in accordance with this chapter.
(3)
In the event that the official tower is conducting business under
a trade name or business name, the applicant shall submit a certificate
of such name filed with the County Clerk's Office of Bergen County,
as well as the Secretary of State for the State of New Jersey.
(4)
Such information as may be required by the Mayor and Council or designees
concerning the personnel, vehicles, equipment and storage facilities
of such applicant, as hereinafter provided, showing that the applicant
meets the minimum standards of performance.
(5)
Certificates of insurance evidencing adequate insurance coverage
as hereinafter provided.
(6)
A fee of $250 to cover the administrative expenses incurred by the
Borough in processing the applications and an additional fee of $75
for each vehicle pursuant to the requirements of the official towing
company license application.
(7)
All towing vehicles must be listed on the application, including
the make and model number, year of vehicle and vehicle identification
number. The towing company submitting the application must own, or
be the lessee of, all vehicles listed on the application. No vehicle
may be listed on more than one application, and there can be no transfer
of vehicles between official towers.
(8)
All persons or entities submitting applications to become an official
tower shall contact the Criminal Information Unit at (609) 882-2878
and request background check forms for each owner, member of the corporation,
director, stockholder, partner and employee. The tower, upon receipt
of the forms, will have each employee, owner and other person having
an ownership interest in the business complete the forms and return
the original forms with the appropriate New Jersey State Police fee
for each form to the Criminal Investigation Unit and a copy of each
form to the Borough of Emerson Police Department. The official tower
shall follow the aforementioned procedure for each new hire. No person
found to have a criminal record shall be employed by or have an ownership
interest in a official tower's business.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No license shall be granted to an official tower unless and until
it has appointed the Borough Clerk as the official tower's true and
lawful attorney for the purpose of acknowledging service out of any
court of competent jurisdiction to be served against the official
tower.
C.
Upon receipt of a complete application, the Borough Clerk shall forward
a copy to the Chief of Police or his designee for review and recommendation.
The review by the Chief of Police or his designee shall consist of
the following:
(1)
A background check to determine if either the applicant [all owners as defined in Subsection A(1) above] or the applicant's personnel (all persons authorized or licensed to drive a towing vehicle) have been convicted of a criminal offense or have had their driver's license suspended or revoked within the past year. Conviction of a criminal offense or suspension of a driver's license within the past year shall be a cause for disqualification from inclusion on the official towers list. No person who has been convicted of a criminal offense or whose driver's license has been suspended shall be employed as a driver of a tow truck or wrecker by the official tower. A background check shall be made for any person employed by the official tower after a license has been issued.
(2)
An inspection of the personnel, vehicles, equipment and storage areas
proposed to be utilized by the applicant to verify the accuracy of
the information contained in the application and to determine compliance
with applicable laws and regulations and the standards of performance
required by this chapter.
D.
If the Chief of Police receives no more than two applications from
a person, corporation or business firm that has its place of business
within the Borough, then, and only then, may the Borough consider
applications from a person, corporation or business firm that has
its place of business in the municipalities bordering the Borough,
provided that the person, corporation or business firm complies with
all of the provisions of this chapter.
A.
After receiving a letter of application for a towing license, the
Chief of Police shall conduct or cause to be conducted an investigation
to determine the following:
(1)
The truth and accuracy of all the information contained in the application;
(2)
Whether the applicant and all employees are fit and proper persons
to conduct the proposed business;
(3)
Whether the applicant has demonstrated, by his equipment capacity,
the location of the business and the location to which requests will
be directed during on-call hours, the ability to respond to calls
24 hours a day and whether such ability to respond is sufficient to
provide a response to any location within the Borough of Emerson within
10 minutes of request made by the Police Department from 6:00 a.m.
to 6:00 p.m. and 15 minutes from 6:01 p.m. to 5:59 a.m.; and
(4)
Whether the applicant has demonstrated that a person whose vehicle
has been towed can retrieve that vehicle from the applicant during
prescribed hours on any given day, seven days a week.
B.
The investigation shall be completed within 21 days of receipt of
the application from the Borough Clerk. Upon completion of his investigation,
the Chief of Police shall forward a copy of the letter of application
for a towing license to the Borough Mayor and Council, along with
a recommendation for approval or disapproval of the license and the
reasons, if any, for disapproval.
C.
Upon receipt of the application, the Mayor and Borough Council shall
determine within 14 days or at its next public meeting, whichever
is later, whether or not the applicant has complied with all the necessary
standards and criteria, and if it shall so find, the license shall
be issued to the applicant, and the applicant's name shall be placed
at the end of the towing list. The applicant, or its representative,
shall be given notice of the date on which the Mayor and Council shall
consider the application and shall be permitted to appear and to be
heard at that time. Written notice of the approval or denial of the
application shall be provided to the applicant within seven days of
the decision of the Mayor and Council.
A.
Upon approval of the application as herein provided, the Borough
Clerk shall issue for the applicant an official tower's license for
each tow vehicle or flatbed vehicle to be utilized in providing services
pursuant to this chapter by submitting such to the Chief of Police
or his designee for submission to the official tower.
B.
Said licenses shall be delivered by the Chief of Police, or his designee,
to the approved towing company establishment, which shall be in the
form approved by the Mayor and Council, and shall be displayed on
the tow vehicle or flatbed vehicle at all times.
C.
Expiration; renewal; revocation.
(1)
Each official tower's license shall expire December 31 of every calendar
year, and the license shall run for the calendar year only. Each applicant
for an official tower's license or renewal shall apply for such license
on or before October 1 of any calendar year for the next succeeding
calendar year, and the license shall not be transferable or assigned
and may be subject to revocation by the Mayor and Council for any
of the following reasons:
(a)
If it is subsequently determined that the applicant knowingly
and with intent to deceive made false, misleading or fraudulent statements
of material fact in the application or in any other document required
pursuant to this chapter.
(b)
Violation of any federal or state law or municipal ordinance
or regulation relating to the operation of a motor vehicle or the
provision of towing services.
(c)
Violation of any rule or regulation promulgated by the New Jersey
Department of Banking and Insurance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
Violation of any provisions of this chapter.
(2)
No license shall be issued for less than a full calendar year, nor
should a license be issued at any time other than the period set forth
above.
D.
Upon the expiration of an official tower's license, the applicant,
prior to performing any service thereafter, shall refile completely
for such official tower's license, setting forth all the information
required in the form provided by the Borough Clerk and complying with
the provisions of this chapter.
A.
No towing license shall be issued under this chapter until the applicant
has provided the following certificate(s) of insurance evidencing
that there is in effect the following insurance coverage:
(1)
Garage liability insurance. The limit of liability shall not be less
than $500,000 combined single limit (bodily injury and property damage)
per occurrence, including premises operations and products/completed
operations.
(2)
Automobile liability insurance. The limit of liability shall not
be less than $500,000 combined single limit (bodily injury and property
damage) per occurrence.
(3)
Garage keepers legal liability insurance. Physical damage insurance
policies shall be specifically endorsed to provide "direct primary"
insurance where applicable for vehicles in tow, possession of or storage
on property owned or controlled by the tower.
(4)
Excess umbrella insurance. Limit of liability shall be not less than $1,000,000 providing protection in excess of the garage and auto liability coverage of $500,000. Note: This requirement may be waived if the limits of liability in Subsection A(1) or (2) above are not less than $1,500,000 combined single limit.
(5)
On all liability policies, the Borough shall be listed as an additional
insured, and insurance certificates shall indicate such coverage as
primary coverage notwithstanding any insurance carried by the Borough.
(6)
Workers compensation insurance. Statutory coverage, including employer's
liability coverage with a limit of at least $500,000/$500,000/$500,000.
B.
The official tower shall have the duty to defend, hold harmless and
indemnify the Borough and the public against any loss due to injuries,
accidents or damages of any character whatsoever where any such damage
is the result of an act or omission of the official tower, its agents,
or employees in or due to the execution of all work and actions called
for under this chapter.
C.
Certified copies of all insurance policies provided above or certificates
thereof satisfactory to the Borough of Emerson shall be furnished
forthwith. Each such policy or certificate shall contain a provision
that it is not subject to change, cancellation or nonrenewal unless
30 days' prior written notice via certified mail, return receipt requested,
shall have been given to the Borough of Emerson by the official tower's
insurer. These must be received 30 days prior to the commencement
of work.
D.
The providing of any insurance required herein does not relieve the
official tower of any of the responsibilities or obligations assumed
by the official tower for which the tower may be liable by law or
otherwise.
E.
If any policies contain deductibles or copayments, it shall be the
responsibility of the tower to pay such sums at the same time a claim
is settled by the tower's insurance company. The Borough shall not
be responsible for the payment of any deductibles or copayments under
any policy of insurance issued to the official tower.
F.
If any policies contain limits of liability with an aggregate limit,
the official tower or its insurance company shall provide the Borough,
quarterly during the policy period, a statement evidencing the limits
of liability required under this chapter to be in force.
G.
Failure to provide and continue in force such insurance as required
above shall be deemed a major breach of the chapter and shall cause
immediate termination of the official tower's license.
H.
All policies shall be written in either a company licensed to do
business in the State of New Jersey or a New Jersey-eligible surplus
lines company, with a minimum Best rating of A-X. They shall be written
on an ISO (insurance service office) form or better.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A.
Minimum vehicle requirements; vehicle classes.
(1)
Every official tower shall maintain and have available to render
services required by this chapter a minimum of one regular tow vehicle
with wheel lift and one flatbed vehicle. Flatbed vehicles must be
equipped with a winch or hydraulically operated bed that slides or
tilts to accommodate the transporting of vehicles. Each vehicle shall
be owned or leased by the official tower. Registration documents shall
be shown to the Borough certifying registration is the same or better
than the gross vehicle weight (GVW) of the vehicle as plated on the
vehicle.
(2)
(Reserved)
(3)
Each applicant shall submit, along with its application, proof of
ownership or lease of the vehicles that will be utilized to provide
services pursuant to this chapter.
B.
Minimum equipment and reporting requirements.
(1)
Every tow vehicle or flatbed shall have two-way radio or cellular
telephone capability with a dispatching center on a twenty-four-hour
basis.
(2)
Every tow vehicle or flatbed shall be equipped with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours. An amber light permit, as required by the State of New Jersey,
must be filed in the office of the Chief of Police and Borough Clerk.
(b)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber or red colored.
(c)
Extra chains and cables for pulling or securing a towed vehicle.
(d)
At least one heavy-duty broom, a shovel, a crowbar or pry bar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of an accident or behind a disabled
vehicle, at least 10 pounds of dry sand or a drying compound for gasoline
and oil spilled on the roadway and containers for removal thereof
and a sufficient quantity and types of tools to enable the tow vehicle
operator to perform proper and adequate emergency repair services
for the tow.
(3)
Every tow vehicle or flatbed vehicle shall comply with any and all
state, federal and local laws, regulations and ordinances pertaining
to safety, lighting, and towing equipment requirements and shall be
subject to inspection by the Chief of Police or his designee at any
time. Where applicable, all permits required by other agencies than
the Borough shall be provided to the Borough upon the request of the
Borough.
(4)
Every tow vehicle or flatbed vehicle shall have the name of the official
tower permanently affixed, or by painted sign, prominently displayed
on the outside panels of the vehicle (both sides). The sign shall
be at least three inches in height and diameter, visible to the naked
eye, and the names must be the same on both panels.
C.
Minimum personnel requirements. Official towers shall have available,
24 hours a day, seven days a week, a minimum of two drivers to provide
the services required by this chapter. All drivers employed by official
towers to provide services covered by this chapter shall meet the
following requirements and be subject to the following regulations:
(1)
Be competent and able to provide minimum road service for disabled
vehicles.
(2)
Have a valid commercial driver's license under the laws of the State
of New Jersey.
(3)
Obey all traffic laws and regulations.
(4)
Not have been convicted of a crime within the past year.
(5)
Any other requirements as set forth elsewhere in this chapter.
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building and outside
secured storage area meeting the following requirements:
(a)
All official towers must have sufficient storage area on their
own premises to store towed vehicles at the licensed site. This area
cannot include, and must be in addition to, the area required for
parking on that site. No vertical stacking of vehicles is permitted.
Each tow vehicle must be stored at the official tower's licensed site.
All official towers located within the Borough cannot store vehicles
on the thoroughfares of the Borough, whether under the auspices of
the Borough, County of Bergen or State of New Jersey, without Borough
approval. Storage of vehicles on the thoroughfares of other municipalities
wherein Borough towers are located is subject to the requirements
of those municipalities.
(b)
The location of the storage area shall be either within the
limits of the Borough or in those municipalities that are within three
miles from the border of the Borough.
(c)
The storage areas shall be available 24 hours per day, 365 days
per year, and shall be open to the public on weekdays during normal
business hours and for limited hours on weekends. The applicant shall
prominently display the hours during which the facility will be open
on weekends either on its vehicle(s) or storage area and on the receipt
given to the person whose vehicle has been towed. On the application
for a towing license, the applicant shall list all business hours
required pursuant to the subsection for the calendar year of the license
in question, which shall not be changed within that calendar year.
(d)
(Reserved)
(e)
(Reserved)
(f)
The official tower shall have an employee on duty during all
hours in which the storage facility is open. While the official tower
is serving on his rotation week and as the first backup, the official
tower shall be available for vehicle pickup 24 hours a day; at other
times, the tower shall be available for pickup of vehicles between
7:00 a.m. and 12:00 midnight.
(g)
The official tower shall not charge any additional fee or other
charge for releasing vehicles to their owners after normal business
hours or on weekends or for moving a vehicle from one location to
another in the storage area and/or any other location to anywhere
else.
(2)
The official tower shall, with its application, submit proof of ownership
or lease of the storage area.
(3)
The official tower shall be responsible for ensuring the proper and
safe storage of all vehicles towed pursuant to this chapter. The official
tower shall be liable for any damage incurred by such vehicles while
in transit to or while stored in the storage areas.
E.
The tower shall release a vehicle with police approval to the owner/occupier
of the vehicle no later than one hour from the vehicle's arrival at
the tower's facility or within one hour of being contacted by the
owner/occupier of the vehicle that he or she wishes to take possession
of the vehicle.
A.
Once the initial list of towing companies has been established, new
official towers, when their applications have been approved, will
be added at the end of that list.
B.
The Borough shall accept and place on its rotating list of towing
operators the number of operators specified by resolution as necessary
from those towing companies that submit completed application forms
that comply with all requirements of this chapter. Selection shall
be on a "first-come-first-served" basis; however, for renewals, preference
shall be given to existing operators in good standing.
C.
The Borough shall request wrecking, towing and storage services from
each official tower in rotation. When called, the tower shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. If no tow vehicle is available, or the estimated time of
arrival will exceed 10 minutes, the next official tower on the list
shall be called. If none of the official towers are available or able
to provide services as are requested by the Borough, the Borough may
request such services from any other available source. All requests
shall be made by the Chief of Police or his designee.
D.
The Borough shall request service only from official towers; provided,
however, that if no emergency or road hazard exists, the Chief of
Police or his designee shall request such service from such other
person as the owner of the motor vehicle in need of such services
may request, provided that service is responded to within 30 minutes.
E.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Borough over any other requests that may be received by the official
towers.
A.
Fees for towing and storage of private automobiles damaged in an
accident or recovered after being stolen may not exceed the fees established
by the Department of Banking and Insurance, if any. In the event the
fees are enacted and/or revised by the Commissioner of Insurance,
the enacted or revised fees shall be the maximum fees that may be
charged by the official towers, and this chapter shall be amended
accordingly.
[Amended 11-12-2019 by Ord. No. 1600-19; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(1)
The following is the fee schedule for towing services:
|
Category
|
Rates Per Hour Unless Noted
|
Notes
|
|---|---|---|
|
Cars, light
|
$95
| |
|
Trucks, medium/heavy
|
$130
| |
|
Light duty, up to 10,000 pounds
|
$115
|
Hookup
|
|
Medium duty, 10,001 to 16,000 pounds
|
$190
| |
|
Heavy duty, 16,001 pounds and above
|
$375
| |
|
Decoupling fee (if tow is not performed)
|
$75
| |
|
Light duty
|
$5
|
Per loaded mile
|
|
Medium duty
| ||
|
Heavy duty
| ||
|
Light/medium duty, 10,001 to 16,000
pounds
|
$260
| |
|
Heavy duty 16,001 pounds and above
|
$450
| |
|
Rotator/crane recovery unit
|
$900
| |
|
Tractor with landoll trailer or detach
trailer
|
$340
| |
|
Tractor/transport hauler only
|
$190
| |
|
Refrigerated trailer w/tractor
|
$340
| |
|
Box trailer w/tractor
|
$300
| |
|
Air cushion unit
|
$750
| |
|
Light tower
|
$190
| |
|
Pallet jack
|
$150
| |
|
Rollers
|
$150
| |
|
Any other specialized equipment
|
$190
| |
|
Loader/backhoe/telescopic handler/bulldozer/bobcat®
|
$225
| |
|
Forklift
|
$225
| |
|
Dump truck/dump trailer w/tractor
|
$265
| |
|
Roll-off with container
|
$265
|
Plus disposal
|
|
Recovery supervisor vehicle
|
$115
| |
|
Scene safety equipment, communication
|
$190
|
Per each type used
|
|
Equipment, traffic management equipment,
etc.
| ||
|
Recovery support vehicle/trailer
additional recovery equipment
|
$265
| |
|
Accident minor cleanup and disposal
of debris
|
$60
|
One hour minimum, plus absorbent
|
|
Recovery Supervisor and/or Level
III Recovery Specialist
|
$170
| |
|
Certified towing operator
|
$95
|
Per hour per man
|
|
Manual laborers
|
$75
|
Per hour per man
|
|
Cars/light trucks, ten-foot-by-twenty-foot
space
|
$35
|
Per day
|
|
Trucks/dual wheels)/single axle
|
$70
|
Per day
|
|
Tractor/dump truck/tractor and trailer
combo/trailers
|
$95
|
Per unit per day
|
|
Buses
|
$115
|
Per day
|
|
Roll-off
|
$95
|
Per day each
|
|
Cargo/accident debris/load storage/vehicle
components, ten-foot-by-twenty-foot space
|
$35
|
Per space per day
|
|
Rental of any tow company supplied
trailer post incident
|
$375
|
Per day
|
|
Fuel hazmat/cargo spills cleanup
and disposal
|
Time and material
| |
|
Hazmat and trash recovery
|
Surcharged 10%
| |
|
Subcontractor markup
|
10%
| |
|
Administrative charge
|
$40
|
Cars only
|
|
Only after third visit to vehicle
| ||
|
Administration charge
|
$150
|
Medium/heavy truck
|
|
After hours release
|
$60
| |
|
Notification documentation fee
|
$40
| |
|
Tarping/wrapping vehicle
|
$70/$190
|
Car/truck
|
|
Fuel surcharge
|
Reserved for future need
| |
|
Loader/backhoe/telescopic handler/bulldozer/bobcat®
|
$225
| |
|
Forklift
|
$225
| |
|
Dump truck/dump trailer w/tractor
|
$265
| |
|
Roll-off with container
|
$265
|
Plus disposal
|
|
Recovery supervisor vehicle
|
$115
| |
|
Scene safety equipment, communication
equipment, traffic management equipment, etc.
|
$190
|
Per hour per type
|
|
Recovery support vehicle/trailer
additional recovery equipment
|
$265
| |
|
Labor: all labor, minimum of one
hour
| ||
|
Accident minor cleanup and disposal
of debris
|
$60
|
One hour minimum, plus absorbent
|
|
Recovery Supervisor and/or level
III Recovery Specialist
|
$170
| |
|
Certified towing operator
|
$95
|
Per hour per man
|
|
Manual laborers
|
$75
|
Per hour per man
|
|
Storage: per calendar day (inside
rates two times outside rate)
| ||
|
Cars/light trucks, ten-foot-by-twenty-foot
space
|
$35
|
Per day
|
|
Trucks (dual wheels)/single axle
|
$70
|
Per day
|
|
Tractor/dump truck/tractor and trailer
combo/trailers
|
$95
|
Per unit per day
|
|
Buses
|
$115
|
Per day
|
|
Roll-off
|
$95
|
Per day for each
|
|
Cargo/accident debris/load storage/vehicle
components, ten-foot-by-twenty-foot space
|
$35
|
Per space per day
|
|
Rental of any two company supplied
trailer post incident
|
$375
|
Per day
|
(2)
The following is the fee schedule for storage services:
|
Storage Facility Capacity
|
Per Diem Charges
|
|---|---|
|
Indoor, secured
|
$35 per day, or any part thereof, commencing 12:01 a.m. or 12
hours after tow, whichever is later
|
|
Outdoor, secured
|
$25 per day, or any part thereof, commencing 12:01 a.m. or 12
hours after tow, whichever is later
|
B.
The above portion of § 264-10A does not regulate towing or storage of trucks or buses. Such services shall be provided and referred by the official tower(s) at the following rates:
(1)
Vehicles from 7,000 pounds up to 14,999 pounds: $200. Said charge
covers all actions necessary and related to towing vehicles up to
14,999 pounds; hookup front or rear, plus $2 per mile for all miles
in excess of seven miles.
(2)
Vehicles and trucks and trailers of 15,000 to 50,000: $300. Said
charge covers all actions necessary and related to towing vehicles
between 15,000 pounds and 50,000 pounds; hook up front or rear, plus
$2.50 per mile for all miles in excess of seven miles.
(3)
Charge for heavy-duty underreach: $350. Said charge covers all actions
necessary and related to towing vehicles in excess of 50,000 pounds;
hookup front or rear, plus $4.50 per mile for all miles in excess
of seven miles.
(4)
Use by official tower(s) of all trailers (low-boy): $200 for the
first hour, plus $200 per hour for each additional hour.
(6)
Winching of any vehicle will be charged at a rate of $25 per hour,
with a maximum fee of $75. This charge shall only be used in situations
deemed necessary, and a notation of fact should be noted on the official
tower's bill. Said charge shall not apply to winching a vehicle onto
a flatbed vehicle.
(7)
If an accident required the cleanup of an accident site beyond the
first hour from arrival on the scene of the accident by the tower,
the tower shall be entitled to $20 per hour for such cleanup services
only in addition to the cost of "SpeedyDry" material used in said
cleanup.
(8)
If the towing company is called upon to change the tire of a stranded
motorist, the charge shall be $25.
(9)
If the towing company is called upon to provide gas, antifreeze and/or
water to a stranded motorist, the charge shall be $15.
(10)
If the towing company is called upon to provide a "jump start"
to a stranded motorist, the charge shall be $20.
C.
The fees set forth on the schedules for towing rates are the maximum charges that shall apply to a private automobile for basic towing services. There shall be no additional charges other than those provided herein in Subsections A and/or B above. Nothing herein contained to the contrary notwithstanding, all official towers shall be permitted to provide lockout assistance and the like. The licensed tower will provide on an annual basis a copy of rates for such services to the Borough Clerk and Police Department.
D.
Calculation of rates and fees.
(1)
The towing mileage rates, where applicable, shall be calculated based
on the total distance traveled from the site of pickup of the vehicle
in question to the dropoff point by way of the shortest available
route. Fractions shall be rounded up to the nearest whole. The first
seven miles shall not be subject to the mileage charge.
(2)
Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
(3)
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
7:00 a.m. and 6:00 p.m., Monday through Friday, except New Jersey
State holidays. The night, weekend and holiday rate shall otherwise
apply.
(4)
When towing services are otherwise required, the day rate shall apply
when the time of the incident is called into police headquarters or
911, whichever is applicable, between 7:00 a.m. and 6:00 p.m., Monday
through Friday, except New Jersey State holidays. The night, weekend
and holiday rate shall otherwise apply.
E.
No storage of any disabled or damaged vehicle shall be located on
any public street or thoroughfare in the Borough.
F.
The fees set forth on the schedules in the section for storage fees
are the maximum storage charges per twenty-four-hour period that shall
apply to all vehicles stored by an official tower.
G.
Motorcycles and all other on/off-the-road vehicles shall be considered
private passenger automobiles for purposes of determining fees which
are allowed under this section. Any other objects not covered herein,
which are towed by an official tower at the request of the Borough,
shall be subject to fees as determined by the Borough.
H.
"SpeedyDry" shall be charged to the owner(s) of the vehicle(s) that
caused the utilization of same at the cost of purchase of that substance
by the tower.
I.
Official towers shall be responsible for removing all broken glass
and/or other nonhazardous debris from the street as a result of a
traffic accident to which he is summoned by the Borough. The debris
shall be placed in a suitable container and removed by the official
tower and shall in no instance be left at curbside.
J.
The tower shall accept major credit cards and auto club membership,
such as AAA and MCA.
A.
In the event that a complaint is received by the Borough, through
either the Borough Police Department (of a noncriminal nature) or
the Borough Clerk, involving the alleged violation of any part of
this chapter, the Borough Clerk shall give written notice of said
complaint, by certified mail, return receipt requested, to the official
tower against whom the complaint is made. Said notice will be mailed
within 72 hours of the receipt of the complaint, not counting legal
holidays. The official tower shall make a written response to such
complaint within five calendar days from receipt of the written notice.
B.
The Chief of Police, after hearing the matter, shall make a determination as to whether or not the complaint was justified. If the complaint was justified, the Chief of Police shall have the authority to enforce the penalties under Subsection F and § 264-12 below and as set forth elsewhere in this chapter. Further appeal of the Chief of Police's action with respect to the suspension of the tower's license or revocation of the tower's license shall be to the Mayor and Council. A licensed tower wishing to appeal a decision of the Chief of Police must file a written request for a hearing with the Mayor and Council within 10 days of receipt of the Chief's decision. The Mayor and Council may hear the appeal or may appoint a committee of three or more individuals, all of whom must be residents of the Borough of Emerson. The hearing shall take place within 21 days after receipt of the licensed tower's request for hearing. An affirmative vote of a majority of the Mayor and Council is required to sustain a decision of the Chief of Police. Further appeal of the Chief of Police's actions with respect to fines imposed in accordance with this chapter shall be to the Borough's Municipal Court by filing a written request for a hearing as is done when appealing any other fine imposed by Borough ordinance.
C.
In the event that two or more complaints are pending for over 30
days in Municipal Court, then the Borough may suspend the official
tower's license after a hearing and decision by the Mayor and Council.
D.
If, after considering the matter and the findings by the Chief of
Police, the Mayor and Council shall determine that there is good and
sufficient cause for revocation of the official tower's license, the
tower shall surrender said license to the Borough Clerk within one
calendar day.
E.
Failure to surrender the license upon revocation shall constitute
a violation of this chapter, subject to all legal action available
to the Borough, including permanent removal from the official towers
list.
F.
Action.
(1)
In addition to the foregoing procedures, in the event that the tower
fails to comply with any major terms or conditions of this chapter,
or charges fees in excess of those set forth in this chapter, the
Chief of Police shall have the authority to take the following actions:
(a)
First offense: issue a letter of warning detailing the violation
of this chapter.
(b)
Second offense: suspend the official tower's operations under
the chapter for one month and utilize alternate official towers during
this period.
(c)
Third offense: revoke the tower's license for the remainder
of the year under this chapter.
(2)
For the benefit of both the official tower and the Borough, it is
desirable to provide remedies short of suspension or cancellation
of the official tower's services. Therefore, violations of the following
provisions shall be deemed minor violations: identification of vehicles
or employees, equipment or facilities, personnel, conduct, availability
and response time, and site cleanup. Minor violations shall be handled
on an informal, verbal basis; however, three minor violations of a
similar nature will be treated as a major violation and shall trigger
a written letter of warning and, if necessary, the subsequent sanctions
for a major violation.
G.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction.
H.
The license required by this chapter shall not be transferred or
assigned without the prior written consent of the Chief of Police
and the Mayor and Council.
I.
If any part of this chapter or the application thereof to any person
or circumstances shall, for any reason, be adjudged invalid by a court
of competent jurisdiction, such judgment shall not invalidate or affect
the remainder of this chapter which is hereby declared to be severable.
In addition to any suspension or revocation of license, a person
who shall violate any of the provisions of this chapter shall be subject
to a fine of $1,000 for each major violation under this chapter and
$250 for each minor violation under this chapter. Each violation of
any of the provisions of this chapter and each day the same is violated
shall be deemed and taken to be a separate and distinct offense.
[Amended 11-12-2019 by Ord. No. 1600-19]
This chapter shall become effective January 1, 2020.
