The following terms used in this chapter shall
be interpreted as follows:
AUTOMOBILE
A motor vehicle of a private passenger or station-wagon-type
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 a
panel truck or a camper-type vehicle used for recreational purposes
owned by an individual or by a husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the owner(s).
BASIC TOWING SERVICE
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 incidental 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.
COMMERCIAL VEHICLE
Any vehicle other than that as defined as an automobile pursuant
to the definition contained in this section.
INSIDE BUILDINGS
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 ACCIDENT
An occurrence in which any vehicle, commercial vehicle or
passenger vehicle comes in contact with any other object for which
any vehicle, commercial vehicle or passenger vehicle must be towed
or removed for placement in a storage facility. This includes all
situations which are accidental as to the 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 owner or operator
of the motor vehicle.
OUTSIDE SECURED
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. The facility is to be lighted at night.
OUTSIDE UNSECURED
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier and all other
storage facilities not defined above as inside building or outside
secured.
TOW VEHICLE
Only 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.
To qualify for inclusion on the list of official
towers, applicants must meet the following minimum standards:
A. Minimum vehicle requirements.
(1) Every official tower shall maintain and have available to render
services required by this chapter a minimum of two regular tow vehicles,
one flatbed vehicle and one heavy-duty wrecker.
[Amended 9-28-2010 by Ord. No. 2010-09]
(2) Vehicle classes.
(a)
Regular tow vehicles must be equipped with a
boom or winch assembly mounted on the chassis, a dolly assembly, a
tow sling or wheel lift assembly, and at least 100 feet of either
three-eighths-inch or seven-sixteenths-inch cable attached to a motor-driven
winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed which slides or tilts to accommodate
transporting of vehicles.
(3) Every official tower shall have available a heavy-duty
wrecker, and under reach shall be rated at 35,000 pounds and shall
be capable of towing new-style buses and trucks with fiberglass front
ends.
(4) All equipment shall comply with all state and federal
regulations, and all vehicle operators shall possess a CDL license
for over 26,000 pounds.
[Amended 6-20-2019 by Ord. No. 2019-06]
(5) Each applicant shall submit, along with his application,
proof of ownership or lease of the vehicles which will be utilized
to provide services pursuant to this chapter.
B. Minimum equipment requirements.
(1) Every tow vehicle or flatbed vehicle 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.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for
towing vehicles at night, amber colored.
(d)
Extra chains and cable for pulling or securing
a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar
or prybar, 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 onto the roadway and
a sufficient quantity and types of tools to enable the tow operator
to perform proper and adequate emergency repair service for the tow.
(2) 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. No changes may be made in said vehicles or equipment
unless prior written approval is obtained from the Village.
(3) Every tow vehicle or flatbed vehicle shall display
the official tower's license and shall have the name of the official
tower displayed on the vehicle in such manner and of such lettering
as conforms to the provisions of N.J.S.A. 39:4-46.
C. Minimum personnel requirements. Official towers shall
have available, at all times, a minimum of two persons to provide
the services required by this chapter. All persons employed by official
towers to provide the services required by this chapter shall meet
the following requirements and be subject to the following regulations.
They shall:
(1) Be able to provide minimum road service for disabled
vehicles to include tire changes and jump starts.
[Amended 6-20-2019 by Ord. No. 2019-06]
(2) Have a valid driver's license having no restrictions
or conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(3) Be mentally alert and present a neat appearance at
all times.
(4) Obey all traffic laws and regulations.
(5) Be subject to inspection by the Chief of Police of
the Village and shall be approved by the Chief prior to rendering
any services pursuant to this chapter.
(6) Not have been convicted of a crime nor had their driving
privileges suspended or revoked within the past year.
D. Minimum storage requirements.
(1) Every official tower shall maintain an inside building
or outside secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing
a minimum of 10 passenger vehicles and one tractor and trailer. The
area shall have at least 800 square feet of inside storage facilities
to hold and protect police hold vehicles.
(b)
The location of the storage area shall be within
the limits of the Village and in an area approved for towing by the
Zoning Officer of the Village of Ridgefield Park.
(c)
The storage area shall be fully enclosed by
a sturdy fence having a minimum height of six feet, with at least
one lockable gate for ingress and egress, and shall be lighted from
dusk to dawn.
(d)
The storage area shall be in an area legally
zoned for such use.
(e)
The storage area shall be available 24 hours a day, 365 days
a year and shall be open to the public on weekdays during normal business
hours from 7:30 a.m. to 5:30 p.m., and on Saturdays from 7:30 a.m.
to 3:00 p.m. The applicant is not required to be open to the public
on Sundays.
[Amended 9-28-2010 by Ord. No. 2010-09]
(f)
The official tower shall have an employee on
duty during all hours in which the storage facility is open.
(g)
The official tower shall not charge a release
fee or other charge for releasing vehicles to their owners during
normal business hours.
(h)
The official tower shall have available an area
to store vehicles involved in suspected crimes or criminal activities
as directed by the Chief of Police.
(2) The applicant shall, with his application, submit
proof of ownership or lease of the storage area, if requested.
[Amended 6-20-2019 by Ord. No. 2019-06]
(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.
No license shall be issued for a tow truck unless
the tow truck business has storage facilities for towed vehicles within
the Village of Ridgefield Park, New Jersey, and on premises which
are zoned for this type of business. The licensee shall have an enclosed
storage yard or garage in which vehicles will be stored, and said
enclosure shall have a wall or fence of not less than six feet above
ground level. Land used for storage of vehicles must be in an area
zoned for such use. In addition, it must be in an area reasonably
accessible to the public so that stored automobiles may be claimed.
Visual on-site inspection of the land shall be made before the awarding
of a license by a representative of the Police Department and Building
Department. All of the land proposed to be utilized by the licensee
for storage must be level and clear of all debris and must be clearly
marked.
The applicant shall agree in writing to assume
the defense of and indemnify and hold harmless the Village, its elected
officials, boards, commissions, officers, employees and agents from
all suits, actions, damages or claims to which the Village may be
subjected of any kind and nature whatsoever resulting from, caused
by, arising out of or as a consequence of the provisions of towing,
wrecking, storage and/or emergency services provided at the request
of the Village pursuant to this chapter. Official towers shall enter
into a hold harmless agreement in a form to be prepared by the Village
Attorney prior to being included on the official towers' list.
[Amended 9-28-2010 by Ord. No. 2010-09; 6-20-2019 by Ord. No. 2019-06; 9-7-2023 by Ord. No. 2023-13]