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:
BASE OF SERVICE
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
BASIC TOWING SERVICE
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.
COMMISSIONER
The Commissioner of Insurance of the State of New Jersey.
DEPARTMENT
The New Jersey Department of Insurance.
DISABLED VEHICLE
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.
INSIDE SECURED
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.
MOTOR VEHICLE
All vehicles propelled otherwise than by muscular power,
excepting such vehicles as run only upon rails or tracts and motorized
bicycles.
MOTOR VEHICLE ACCIDENT
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.
OUTSIDE SECURED
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.
OUTSIDE UNSECURED
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.
TOW VEHICLE
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.
Licenses hereunder shall be approved by the
governing body of the Borough of Prospect Park and issued by the Borough
Clerk.
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 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.
F. Violations of Chapter
235, Part
6, Zoning, the Property Maintenance Code or any other applicable ordinances or codes of the Borough of Prospect Park pertaining to the use or condition of the premises used by the licensee in conducting the towing business.
G. Violation of the provisions of this chapter or any
of its rules or regulations.
[Amended 11-13-1995 by Ord. No. 1995-6]
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be liable to the provisions stated in Chapter
1, Article
II, General Penalty.