[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park 9-27-1993 by Ord. No. 1993-8.
Amendments noted where applicable.]
The towing and storage of motor vehicles damaged,
stolen or impounded, within the Borough of Prospect Park, shall be
performed by towing operators qualified and licensed pursuant to the
provisions set forth below.
As used in this chapter, the following terms
shall have the meanings indicated:
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
The removal and transportation of a motor vehicle 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 a motor vehicle 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.
The Commissioner of Insurance of the State of New Jersey.
The New Jersey Department of Insurance.
A vehicle which has been abandoned, impounded or rendered
inoperable as a result of a mechanical failure, involvement in an
accident or criminal activity. A vehicle, the location of which constitutes
a hazard to the motoring public, shall be deemed disabled for the
purpose of this chapter.
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.
All vehicles propelled otherwise than by muscular power,
excepting such vehicles as run only upon rails or tracts and motorized
bicycles.
An occurrence in which a motor vehicle, as defined herein,
is damaged or comes in contact with any other object, as a result
of which the motor vehicle must be towed or removed for placement
in a storage facility. This includes damage caused by vandalism, fire
or drunken drivers, but does not include mechanical breakdowns or
impounded vehicles.
An area not indoors, secured by a fence, wall or barrier
at least six feet high and continuously lighted at night, with all
gates, doors or entryways secured by locks.
An area not indoors that is not secured by a fence, wall
or other barrier and to include all other areas not defined as an
inside building and outside secured facility.
Starts at 12:01 a.m. for a twenty-four-hour period or fraction
thereof.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under reach equipment specifically designed
by its manufacturer for the removal or transport of motor vehicles.
Towing operators performing towing services
for the Borough of Prospect Park shall perform on a rotating basis.
The Chief of Police is hereby authorized and directed to establish
a tow truck call list of towing operators licensed pursuant to this
chapter to establish a system of rotation in the assignment of towing
operators to perform towing services in the Borough of Prospect Park.
The towing operator shall be assigned towing service from the tow
truck call list only. No licensed towing operator or other party shall
respond to the scene of an accident except upon notification by the
officer in charge or upon request of the driver or owner of the disabled
vehicle.
A.
Licensed towing operators performing towing services
for the Borough of Prospect Park shall be performed on a rotational
basis.
B.
The Police Department shall call the licensed towing
operators in sequential order as set forth by the Chief of Police
so that each towing operator will be given the opportunity to respond
to individual calls as received by the Borough. The Police Department
shall have the right to call the next towing operator on the list
should a towing operator fail to respond to a call within 20 minutes.
C.
Whenever the owner or driver of a vehicle indicates
a choice of a specific wrecker owner, the owner shall be called and
no tower shall be assigned from the list. However, when in the opinion
of the police officer at the scene, when the waiting for a specific
wrecker would cause a hazardous condition or affect the public safety,
he may have the vehicle removed by a tower on the list. The owner
or driver of a vehicle involved in an accident shall have the right
if he/she so desires to designate a towing operator of his/her choice.
D.
When the police summon a wrecker, and the summoned
wrecker arrives at the scene and the owner or driver no longer needs
the tow service, no charge shall be incurred by the driver or owner.
E.
When the tow service arrives on the scene to tow a
vehicle for a violation, disabled or private parking violation and
the owner or driver arrives on the scene prior to the vehicle being
connected to the tow truck, the tow shall be disregarded and no fee
shall be charged. If the owner or driver arrives on the scene and
the vehicle is connected to the tow truck, the tow service shall have
the right to discontinue the tow and charge a fee as noted in this
chapter.
A.
In order for a towing operator to be listed on the
tow truck call list, a license is required pursuant to the provisions
set forth herein. Each license issued hereunder shall terminate on
December 31 of the year in which it is issued and each renewal license
shall be for the one-year period of January 1 through December 31.
B.
Specifically exempted from the licensing requirement
is the towing, transporting, conveying or removing of motor vehicles
from private property by towing operators who have been privately
engaged or designated by the owner of the vehicle to be so removed.
C.
All towing operators who submit an application to
the Borough of Prospect Park shall pay the sum of $200 at the time
the application is filed. This is a nonrefundable fee which shall
be utilized to cover the cost of investigation and review and shall
also be considered to be the fee for the balance of the year for which
the application is filed. Thereafter, the annual fee shall be in the
amount of $250.
Licenses hereunder shall be approved by the
governing body of the Borough of Prospect Park and issued by the Borough
Clerk.
A.
A statement that the applicant has sufficient personnel
and equipment to provide twenty-four-hour towing and storage services
and is able to respond to police calls in accordance with the requirements
of this chapter.
B.
A certification that the fees will not exceed the
fees set forth in this chapter.
C.
The name of the insurance company and its address
and policy number showing the limits of coverage required by this
chapter, along with a certification that the Borough of Prospect Park
will be added as an additional insured under the liability provisions
of said policy.
D.
A representation that the applicant will execute an
indemnification and hold harmless agreement with the Borough of Prospect
Park.
E.
A listing of the applicant's prior towing experience,
including the years in business and other municipalities served.
F.
Such other information as deemed appropriate by the
governing body of the Borough of Prospect Park.
A.
Application forms may be obtained from the Borough
Clerk, and all completed applications, together with the licensing
fee, shall be submitted to the Borough Clerk.
B.
All applications shall be investigated and evaluated
by the Borough Police Chief, or his designee, regarding the applicant's
background and qualifications, and a report of the Police Chief's
findings and recommendations shall be submitted to the governing body
within 30 days of the receipt of said application. All applicants
shall execute a release for information to be obtained by the Police
Chief to complete the investigation and evaluation.
C.
All applications are subject to review and approval
by the governing body of the Borough of Prospect Park. Only those
applicants who are responsible and qualified pursuant to the provisions
of this chapter shall be approved. All approved applicants shall be
required to execute a contract with the Borough of Prospect Park to
provide the towing and storage services referred to herein.
No license shall be issued unless all of the
following standards are met:
A.
Equipment requirement. No license shall be issued
to an operator who does not possess, for utilization in this business,
the following tow vehicles and equipment, which tow vehicles and equipment
shall be inspected by the Chief of Police, or his authorized representative,
prior to a license being issued:
(1)
At least two five-ton tow vehicles with a boom and
drum rating of five tons; a 100-foot long three-eighth-inch diameter
cable with a recommended working limit of at least 3,500 pounds; recommended
gross vehicle weight of truck or chassis of 10,000 pounds; and dual
rear wheels maintained and equipped in accordance with manufacturer's
specifications.
(2)
At least one sixteen-ton tow vehicle with dual winches,
each winch having an eight-ton capacity and each winch having a 200-foot
long one-half-inch cable; recommended gross vehicle weight of truck
or chassis of 16,000 pounds; dual rear wheels; heavy duty truck tow
bar air brakes; connecting air lines for connection with the air compressor
and air brake lines of the towed vehicle; two-speed rear axle and
differential or dual transmission or five-speed transmission; two
heavy-duty high-test pickup chains; and a heavy duty truck sling and
tow bar. In lieu of having this piece of equipment in its possession,
the licensee shall supply the Borough Clerk with an agreement, in
writing, between the licensee and any other entity or corporation
or person who possesses this specific equipment that he or it will
provide services to the licensee pursuant to the provisions of this
chapter for the term of the license. This agreement shall provide
that the response time shall be in accordance with the provisions
of this chapter and that the licensee shall assume all responsibility
for the compliance with the provisions of this chapter. The licensee
shall make provisions for the equipment to be available for inspection
at his place of business at the time and place requested by the Chief
of Police, or his authorized representative, prior to the issuance
of the license. If said agreement shall be cancelled for any reason,
the licensee must notify the Borough of Prospect Park within 24 hours.
(3)
At least one flatbed or car carrier with at least
one car capacity; wheel chokes and four tie-down chains or grab hooks.
(4)
At least one vehicle equipped with tie-down equipment
for carrying motorcycles.
(5)
At least one tow vehicle capable of towing trucks
both loaded and unloaded and buses with all the appropriate equipment.
(6)
Safety equipment to be carried on all trucks: a universal
towing sling; tow hooks and chains; one snatch block for three-eighth-inch
to one-half-inch cable; two high-test safety chains; a four-lamp or
three-lamp revolving amber emergency light having a New Jersey State
permit; a toolbox with an assortment of hand tools; rear working lights
and rear marker lights; cab lights; body clearing lights located to
clear the towed vehicle; a block choke for the tow vehicle while working;
safety cones; a shovel and broom; and a steering wheel lock or tie-down.
In lieu of having the required equipment in his possession, the licensee
shall supply the Borough Clerk with an agreement, in writing, between
the licensee and any other entity or corporation or person who possesses
this specific equipment that he or it will provide services to the
licensee pursuant to the provisions of this chapter for the term of
the license. This agreement shall provide that the response time shall
be in accordance with the provisions of this chapter and that the
licensee shall assume all responsibility for compliance with the provisions
of this chapter. The licensee shall make provisions for the equipment
to be available for inspection at his place of business at the time
and place requested by the Chief of Police, or his authorized representative,
prior to the issuance of the license. If said agreement shall be cancelled
for any reason, the licensee must notify the Borough of Prospect Park
within 24 hours. The agreement may not be with any other towing operator
licensed to do business in the Borough of Prospect Park pursuant to
this chapter.
B.
The tow vehicle's base of service, the towing operator's place of business, the proposed storage areas and any other premises to be utilized by the towing operator as set forth in the license application shall comply with all provisions of Chapter 235, Part 6, Zoning, the Property Maintenance Code and all other applicable laws of the Borough of Prospect Park or the municipality wherein the property is located, pertaining to the use or condition of said premises.
C.
Each towing operator shall have the ability to store
all towed motor vehicles within an inside secured or outside secured
area. The enclosure shall be in good repair and well-maintained and
must be continuously lighted from dusk to dawn. No vehicles shall
be stored in an outside unsecured area. Each storage area shall be
subject to inspection and approval by the Chief of Police, or his
designee, prior to a license being issued.
D.
The secured storage area must be available 24 hours
a day, 365 days per year, and be open to the public on weekdays during
normal business hours and limited hours to be approved by the governing
body of the Borough of Prospect Park on Saturdays and Sundays. This
storage area must be located within the Borough of Prospect Park or
in a contiguous adjoining municipality.
E.
Insurance.
(1)
All towing operators shall maintain and produce proof
of the following insurance coverage, with the Borough of Prospect
Park named as an additional insured, with the application when submitted
to the Borough Clerk:
(a)
Automobile liability in an amount not less than
$1,000,000 combined single limit.
(b)
Comprehensive liability insurance in an amount
not less than $1,000,000 combined single limit.
(c)
Garage keepers liability in an amount not less
than $75,000 both on hook and for each storage location.
(d)
Garage liability in an amount not less than
$1,000,000 combined single limit.
(2)
The policies shall be endorsed to provide collision
coverage for vehicles in tow.
F.
In order to provide the public with prompt and adequate
tow truck service, the licensee must respond within 20 minutes after
being summoned, unless weather or other safety conditions prevent
the operator from responding in the allocated time.
G.
Operators and their employees shall be fully trained
and knowledgeable in the operation of all required equipment and shall
be subject to background investigations by the Borough of Prospect
Park Police Department.
H.
All billings for towing and storage services shall
be itemized for the services actually rendered pursuant to the fee
schedule as set forth herein. A copy of the fee schedule shall be
available to the public at the towing operator's place of business
during normal business hours.
I.
The towing operator shall have the ability to apply
for junk titles and to arrange and dispose of junk cars.
J.
The towing operator shall agree to defend, indemnify
and hold harmless the Borough of Prospect Park for any and all suits,
judgments, costs, expenses, including attorney's fees and claims on
account of breach of contract, damaged property or personal injuries,
including death, arising out of or in any way connected with the towing
and storage services to be provided.
All licensed towing operators shall comply with
the following requirements:
A.
Certified letter. All vehicles including fictitious
plated vehicles shall have a certified letter (from the Borough) mailed
to the owner of the vehicle by the tow service within 24 hours of
the time the vehicle was impounded. The tower shall conduct an on-site
inspection of the vehicle to verify the vehicle identification number
and registration, insuring that they correspond with the police towed
vehicle report.
B.
Any and all vehicles which remain unclaimed will have
an abandoned vehicle title request generated by the tow service.
C.
All vehicles that are to be auctioned will have a
photo taken. Photos shall depict vehicle's general condition. All
photos will be kept as a permanent part of auction records.
D.
All cost of advertisement for auctions shall be the
responsibility of the tow service.
E.
All other requirements and cost regarding the process
and procedure for abandoned and unclaimed vehicles as outlined in
New Jersey Traffic Regulations, Title 39, shall be the responsibility
of the tow service.
F.
In times of emergencies and/or natural disasters,
the Borough reserves the right to contact other towing service operators
who may not be on the rotational list.
(1)
Towing and storage of vehicles deemed to be under
investigation by the Chief of Police or his designee or as directed
by the Passaic County Prosecutor's Office, State Police or other law
enforcement agencies shall not be solely limited to criminal investigations,
but may also take into account quasi-criminal charges and investigations
regarding Title 39 of the New Jersey Motor Vehicle Laws. Towing and
storage may also be deemed under investigation if the nature of the
impounding concerns an attempt by the Police Department and other
law enforcement officers to ascertain the identity of the registered
owner of the vehicle.
(2)
Vehicles which have been determined by the Chief of
Police to have been towed in error shall have no towing or storage
charged to the owner/operator.
(3)
The tow service shall provide the Borough with a yearly
report for vehicles scrapped (tonnage).
A.
The governing body hereby designates the Police Department
generally and the Chief of Police in particular as the supervising
authority to enforce the provisions of this chapter as well as the
rules and regulations adopted hereunder.
B.
Each licensed towing operator shall at all times maintain
the necessary equipment to remove disabled vehicles as required by
this chapter. The towing operator, prior to departure from the scene
of the towing service, shall clean and clear the streets of any customary
debris resulting from any motor vehicle accident at such scene and
shall at all times carry the necessary equipment to perform said cleaning
services.
C.
Refusal to tow an abandoned or stolen motor vehicle
at the scene of a motor vehicle accident may result in the disqualification
of the towing operator and a report of said refusal shall be furnished
to the Chief of Police and the Borough Clerk by the investigating
officer at the scene of the accident, as soon as possible.
D.
If the licensee summoned is unable to respond within
the time constraints specified in this chapter, he shall so notify
the individual requesting the service and the Police Department and
advise the reason for the delay and when the licensee will be able
to respond.
E.
The towing operator operating pursuant to the license
issued hereunder shall not employ, either directly or indirectly,
any personnel or employees of the Borough of Prospect Park.
F.
The Borough of Prospect Park Police Department shall
maintain a log record of calls to the licensed towing operator and
said record shall be available for inspection by any licensed tow
operator upon reasonable notice.
G.
An individual whose motor vehicle has been towed and/or
stored has the right to retrieve any of his or her personal possessions
therefrom, even when said motor vehicle is within the possession of
the towing operator. Personal property shall be defined to mean anything
that is not permanently attached to the motor vehicle so as to be
an integral part thereof. An individual seeking the retrieval of any
personal items shall arrange with the towing operator to obtain said
items and shall be required to execute a receipt therefor. The towing
operator shall maintain copies of all such receipts.
H.
The Borough of Prospect Park reserves the right to
review the qualifications of any personnel employed by the towing
operator at any time.
I.
The towing operator and any of its employees are independent
contractors and they do not represent nor are they employed by the
Borough of Prospect Park.
J.
The towing operator shall at all times be responsible
for the conduct of its employees and shall be liable to the Borough
of Prospect Park and the owners of any motor vehicles towed or stored
by the towing operator for any injuries, damages or costs incurred
as a result of the conduct of said employees.
K.
The towing operator shall comply with all state and
federal laws and regulations concerning the hiring of employees, their
wages, hours and terms of employment.
L.
The Borough of Prospect Park is not liable for any
of the services performed by the contractor unless those services
are performed for municipal vehicles. The contractor shall proceed
directly against the individual owner of the motor vehicle for all
fees and charges incurred.
M.
The licensed towing operator shall not store vehicles
on public streets or sidewalks.
N.
The towing operator shall maintain a record of all
vehicles towed, including the date towed, where the vehicle was stored,
when the vehicle was released and the fees charged, together with
any and all other services rendered. Said records shall be maintained
at the principal place of business of the towing operator as set forth
on the application, and said records shall be maintained for a minimum
of three years.
A.
The fees for basic towing services and/or storage
of a motor vehicle, as defined above, which is damaged in a motor
vehicle accident or recovered after being stolen or abandoned shall
not exceed the fees established by the New Jersey Department of Insurance
and set forth at N.J.A.C. 11:3-38.6, and as may be from time to time
amended.[1]
[1]
Editor's Note: N.J.A.C. 11:3-38.1 et seq. was repealed 1991,
effective 1999.
B.
The fees charged for basic towing services and storing
of all other motor vehicles, whether damaged, stolen or impounded,
shall be the same as set forth at N.J.A.C. 11:3-38.6,[2] and as may be amended from time to time; provided, however,
the towing operator may petition the governing body of the Borough
of Prospect Park for permission to charge fees other than those set
forth in N.J.A.C. 11:3-38.6 for the towing and storing of motor vehicles
other than motor vehicles as defined above. Said fees must be approved
by resolution of the governing body, shall be valid for a minimum
period of one year or until modified by the governing body and must
be on file with the Borough Clerk and at the principal place of business
of the towing operator and available to the public during normal business
hours.
[2]
Editor's Note: N.J.A.C. 11:3-38.1 et seq. was repealed 1991,
effective 1999.
C.
The towing operator may charge additional fees for
nonbasic towing services involving the recovery of a motor vehicle
from a position beyond the right-of-way berm or from being impaled
upon any object within the right-of-way or berm. A schedule of said
additional fees shall be incorporated in the initial bid and shall
be subject to approval by the governing body.
D.
The fees established by the towing operator shall
not exceed those fees established in N.J.S.A. 40:48-2.50.
E.
Storage charges per twenty-four-hour period shall
start at 12:01 a.m. for a twenty-four-hour period or fraction thereof.
F.
Towing rates shall be calculated based on the total
distance traveled from the tow vehicles base of service to the motor
vehicle to be towed and to the storage area, by way of the shortest
route available. Fractions shall be rounded up to the nearest whole
mile. There shall be no additional charges to the vehicle owner when
picking up or removing a vehicle from the storage area or for flatbedding,
waiting time, winching, cleanup costs and additional labor.
G.
The Borough Clerk and each licensed towing operator
shall have available at the municipal building and the principal place
of business of the towing operator a copy of the fee guidelines established
by the New Jersey Department of Insurance at N.J.A.C. 11:3-38.1 through
N.J.A.C. 11:3-38.6[3] and shall make the same available to the public during
normal business hours.
[3]
Editor's Note: N.J.A.C. 11:3-38.1 et seq. was repealed 1991,
effective 1999.
H.
The towing operator shall reimburse the Borough of
Prospect Park the amount of $25 per towed vehicle for the administrative
costs incurred by the Borough.
[Added 2-20-2007 by Ord. No. 2007-1]
A license may be denied, suspended or revoked
upon any of the following grounds after an appropriate hearing in
accordance with the terms of this chapter:
A.
Submitting a fraudulent or misleading application.
B.
A criminal conviction of the towing operator or a
named principal of the towing operator.
C.
Failure to respond reliably and promptly to calls
for assistance or any other action which interferes with the proper
operation of the rotating system maintained by the Police Department.
D.
Violations of motor vehicle laws and/or municipal
ordinances.
E.
Failure or refusal to tow or remove a motor vehicle
when requested to do so by an appropriate municipal official.
G.
Violation of the provisions of this chapter or any
of its rules or regulations.
A.
Proceedings for the suspension or revocation of a
license shall be initiated by the service of a notice of charges filed
against the licensee. Said notice shall be served by the Chief of
Police, or his designee, either personally or via certified mail,
return receipt requested, and shall contain a date, time and place
for a hearing to be held by the governing body of the Borough of Prospect
Park. Said hearing shall be scheduled no less than seven days, nor
more than 30 days, after the notice of the proposed suspension or
revocation shall be served upon the licensee. The licensee shall have
the right to file an answer to the notice and to appear in person,
or be represented by counsel, and give testimony at the place and
time fixed for the hearing.
B.
When an application for a license is denied by the
Borough of Prospect Park, the applicant may request a hearing on said
application by the service of a notice requesting a hearing. Said
notice shall be served on the Borough Clerk and, at the next regularly
scheduled meeting of the governing body, a hearing date shall be set
which shall be no less than seven days nor more than 30 days from
the date scheduled.
