[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst 9-10-1992 by Ord. No. 92-5. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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 husband and wife who are residents 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.
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 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.
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 passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
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.
Only those vehicles equipped with 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.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
The governing body of the Borough of Chesilhurst
shall appoint persons or companies meeting the criteria set forth
in this chapter and engaged in the business or offering service of
a motor vehicle towing or wrecker service, 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, defined in
this chapter. Such persons or companies shall be known as "official
towers."
A.
Official towers shall furnish adequate and proper
wrecking, towing, storage and emergency repair services to motor vehicles
damaged or disabled within the limits of the Borough, when requested
to do so by an authorized Borough official.
B.
No official tower shall subcontract any work to be
performed pursuant to this chapter without having first obtained prior
written approval from the governing body. Any official tower to whom
approval to subcontract work has been given shall be responsible for
the services performed by the subcontractor and shall remain liable
for any violation of this chapter by the subcontractor.
A.
Applications for inclusion on the official towers'
list shall be made to the Mayor and Council upon a form provided by
the Borough Clerk and shall contain all of the following information:
(1)
The name, residence and business address, and telephone
number of the owner of the towing company. If the owner is a corporation,
the application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)
Such information as may be required by the Mayor and
Council concerning the personnel, vehicles, equipment and storage
facilities of such applicant, as hereinafter provided, showing the
applicant meets the minimum standards of performance.
(3)
A certificate or certificates of insurance evidencing
adequate insurance coverage as hereinafter provided.
(4)
A fee of $25 to cover the administrative expenses
incurred by the Borough in processing the application.
(5)
The names and addresses of two business references
who have known the applicant for at least two years.
B.
Upon receipt of a complete application, the Borough
Clerk shall forward a copy to the Chief of Police for his review and
approval. The review by the Chief of Police shall consist of the following:
(1)
A background check to determine if either the applicant
or the applicant's personnel have been convicted of a criminal offense
or have had their drivers' licenses suspended or revoked within the
past year. Conviction of a criminal offense or suspension of driver's
license within the past year shall be a cause for disqualification
from inclusion of the official towers' list.
(2)
An inspection of the personnel, vehicles, equipment
and storage area 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.
C.
An application may be included on the official towers'
list by the Mayor and Council, by resolution adopted at a regular
public meeting, when, from a consideration of the application and
from such other information as may otherwise be obtained, they find
that all of the following circumstances exist:
(1)
The applicant has not knowingly and with intent to
deceive, made any false, misleading or fraudulent statements of material
fact in the application or in any other document required pursuant
to this chapter.
(2)
The applicant has met the standards in this chapter
and has furnished the required hold harmless agreement and certificate(s)
of insurance.
(3)
Neither the applicant nor the applicant's personnel
have been convicted of a criminal offense or had their driver's license
suspended within the past year.
D.
The Chief of Police shall conduct his review and render
a report to the Mayor and Council, recommending either approval or
denial of the application within 21 days of receipt of the application
from the Borough Clerk. The Mayor and Council shall take action with
regard to the application within 14 days of receipt of the report
of the Chief of Police. The applicant, or its representative, shall
be given notice of the date on which the Mayor and Council will consider
the application and shall be permitted to appear and be heard at that
time.
E.
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.
F.
If the Mayor and Council fail to take action within
60 days of receipt of a complete application, the application shall
be deemed to have been denied.
[Amended 5-14-1998 by Ord. No. 98-4]
The agreement between towers and the governing
body shall be for one year and shall be renewed every year. The governing
body shall have the right to renew or terminate any and all towers
for any of the following reasons:
A.
If it is 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 Insurance;
D.
Unsatisfactory service provided pursuant to this chapter.
A.
Every official tower shall maintain an outside secured
storage area meeting the following requirements:
(1)
The storage area shall be capable of storing a minimum
of 10 passenger vehicles and one tractor and trailer. The area shall
have facilities to hold and protect police-hold vehicles.
(2)
The location of the storage area shall be either within
the limits of the Borough or at such location outside of the Borough
as to facilitate reasonable towing distances.
(3)
The storage area shall be fully enclosed by a sturdy
fence having a minimum height of six feet, with a least one lockable
gate for ingress and egress and shall be lighted from dusk to dawn.
(4)
The storage area shall be in an area legally zoned
for such use.
(5)
The storage facility shall be available 10 hours a
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
towers shall specify the hours on which the facility will be open
on weekends.
(6)
The official tower shall have an employee on duty
all hours in which the storage facility is open.
(7)
The official tower shall not charge a release fee
or other charge for releasing vehicles to their owners after normal
business hours or on weekends.
B.
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.
A.
The Borough shall request wrecking, towing and storage
services from each official tower. When called, the tower shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. If no tower vehicle is available or if, in the discretion
of the Borough official making the request, the response time is insufficient
under the circumstances to properly protect the public health, safety
or welfare, the next official tower on the list shall be called for
service.
[Amended 5-14-1998 by Ord. No. 98-4]
B.
All requests for service shall be made by the Borough
Clerk, Superintendent of Public Works or any member of the Police
Department or Fire Department.
C.
The Borough shall request service only from official
towers; provided, however, that if no emergency or road hazard exists,
the Borough shall request such service from such other person as the
owner of the motor vehicle in need of such services may request; and
provided further that, if none of the official towers are available
or able to provide such services as are requested by the Borough,
or if an emergency exists, the Borough may request such services from
any other available source.
D.
During adverse weather conditions, heavy traffic conditions
or emergency conditions, official towers shall give priority to requests
from the Borough over any other request which may be received by the
official towers.
Applicants shall agree, in writing, to assume
the defense of and indemnify and hold harmless the Borough, its elected
officials, boards, commissions, officers, employees and agents, from
all suits, actions, damages or claims to which the Borough may be
subjected of any kind and nature whatsoever resulting from, caused
by, arising out of or as a consequence of the provision of towing,
wrecking, storage and/or emergency services provided at the request
of the Borough pursuant to this chapter. Official towers shall enter
into a hold harmless agreement in a form to be prepared by the Borough
Attorney prior to being included on the official towers' list.
A.
No person shall be included on the official towers'
list unless and until such person has provided to the Borough a certificate
or certificates of insurance evidencing that there is in effect the
following insurance coverages:
(1)
Automobile liability insurance in an amount not less
than $1,000,000 combined single limit.
(2)
Workers' compensation as required by law.
(3)
Garage keepers liability in an amount not less than
$75,000 per location.
[Amended 5-14-1998 by Ord. No. 98-4]
(4)
Garage liability in an amount not less than $1,000,000
combined single limit.
(5)
Sufficient comprehensive general public liability
insurance to protect the Borough from any liability, loss or damages
arising out of the activities to be conducted. Such insurance shall
be in the minimum amount of $300,000 for each person, and $300,000
for each accident.
B.
Policies of insurance shall contain endorsements to
provide collision coverage for vehicles in tow.
C.
Policies of insurance shall be written by insurance
companies authorized to do business in the State of New Jersey. Insurance
companies shall be acceptable to the Borough and have at least a B+
rating by a recognized rating service.
D.
The Borough of Chesilhurst shall be named as an additional
insured on all policies of insurance provided pursuant to this chapter.
All certificates of insurance shall provide that the policies may
not be canceled, terminated or coverage decreased without 30 days'
written notice to the Borough.
E.
Policies of insurance required by this chapter shall
be maintained in full force and effect at all times. In the event
any coverage is canceled, terminated, interrupted or decreased in
amount, the tower shall be removed from the official towers' list
until such time as the required coverage is reinstated or replaced.
A.
Fees for towing and storage of private passenger vehicles,
damaged in an accident or recovered after being stolen, may not exceed
the fees established by the New Jersey Department of Insurance pursuant
to N.J.S.A. 56:13-1 et seq. Those towing and storage fees, which are
set forth in N.J.A.C. 11:3-38.1, are incorporated herein by reference:[1]
(1)
The following is the fee schedule for towing services:
|
Region
| ||||
|---|---|---|---|---|
|
1
|
2
| |||
|
Days
| ||||
|
First mile or less
|
$35
|
$40
| ||
|
Each additional mile
|
$1.75
|
$1.75
| ||
|
Nights, Weekends and New Jersey State
Holidays
| ||||
|
First mile or less
|
$45
|
$50
| ||
|
Each additional mile
|
$1.75
|
$1.75
| ||
(2)
The following is the fee schedule for storage services:
|
Outside Secured:
|
Region
| ||
|---|---|---|---|
|
Storage Facility Capacity
|
1
|
2
| |
|
21 or more spaces
|
$9
|
$10
| |
|
10 to 20 spaces
|
$11
|
$12
| |
|
Less than 10 spaces
|
$13
|
$15
| |
(3)
Pursuant to law, the fee schedules shall be reviewed
by the New Jersey Commissioner of Insurance on an annual basis and
may be revised if necessary. In the event the above schedules are
revised by the Commissioner of Insurance, the revised fees shall be
the maximum fees that may be charged by official towers, and this
chapter shall be amended accordingly.
B.
Fees for towing and storage of private passenger vehicles,
other than those damaged in an accident or recovered after being stolen,
may not exceed the fees set forth below:[2]
|
Tow/Recovery
|
Day
|
Night/Weekends/Holidays
| |||
|---|---|---|---|---|---|
|
Light duty
|
Tow
|
$125
|
$150
| ||
|
Recovery
|
$150
|
$200
| |||
|
Medium duty
|
Tow
|
$150
|
$200
| ||
|
Recovery
|
$250
|
$350
| |||
|
Heavy Duty
|
Tow
|
$400
|
$450
| ||
|
Recovery
|
$450
|
$500
| |||
|
Storage
| |||||
|
Light duty
|
Outside
|
$40
| |||
|
Inside
|
$65
| ||||
|
Medium duty
|
Outside
|
$75
| |||
|
Inside
|
$200
| ||||
|
Heavy duty
|
Outside
|
$100
| |||
|
Inside
|
$300
| ||||
|
Trailer
|
Outside
|
$150
| |||
|
Inside
|
$400
| ||||
|
Cargo
|
Outside
|
As per job
| |||
|
Inside
|
As per job
| ||||
|
Small cleanup
|
$45
| ||||
|
Yard charge/tow
|
$65
| ||||
|
Road service
| |||||
|
Light duty
|
$75
|
$100
| |||
C.
The region used to determine the proper fee set forth
on the schedules shall be determined as follows:
(1)
For towing services, the fee shall be based on the
region in which the tow vehicle's base of service is located.
(2)
For storage services, the fee shall be based on the
region in which the storage facility is located.
(a)
Region 1, as used in this chapter, consists
of the Counties of Atlantic, Burlington, Camden, Cape May, Cumberland,
Gloucester, Mercer, Monmouth, Ocean and Salem.
(b)
Region 2, as used in this chapter, consists
of the Counties of Bergen, Essex, Hudson, Hunterdon, Middlesex, Morris,
Passaic, Somerset, Sussex, Union and Warren.
D.
The fees set forth on the schedules for towing rates
are the maximum charges that shall apply to a private passenger automobile
for basic towing services. There shall be no additional charges other
than those provided herein, including but not limited to flatbedding,
waiting time, winching, cleanup cost, and additional labor when only
basic towing services as defined are provided.
(1)
The towing rates shall be calculated based on the
total distance travelled from the tow vehicle's base of service to
the job site and return, by way of the shortest available route. Fractions
shall be rounded up to the nearest whole mile.
(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
accident is between 8:00 a.m. and 4:30 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 vehicle is transported (pickup to delivery)
entirely between the hours of 8:00 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.
The fees set forth on the schedule for storage fees
are the maximum storage charges per twenty-four-hour period that shall
apply to a private passenger automobile that is stored by a person.
A.
Copies of this chapter and the schedule of fees that
may be charged by official towers shall be made available to the public
during normal business hours at the Borough Hall. Copies shall also
be made available to the public at each official towers' place of
business.
B.
All official towers shall post, in a prominent place
at each storage area clearly visible to the public, a schedule of
the fees that may be charged for all services provided pursuant to
this chapter.
C.
The Borough reserves the right to make periodic unannounced
inspections of the personnel, vehicles, equipment and storage areas
of all official towers.
D.
The relationship between an official tower and the
Borough is one of an independent contractor. Neither party shall be
construed in any manner whatsoever to be an employee of the other,
nor shall any employee or agent furnished by any party be construed
to be an employee or agent of the other party. Inclusion on the official
towers' list shall not be construed or considered as a joint venture,
partnership, association, contract of employment or profit sharing
agreement.
E.
The municipality shall not be liable or responsible
for compensating the official towers for any of the services performed
under this chapter, unless those services are performed for Borough
vehicles, compensation shall be the responsibility of the owner of
the towed motor vehicle and the official tower shall proceed directly
against the owner.
F.
The official tower shall, at all times, be solely
responsible for the conduct of its employees.
G.
Each official tower shall keep and maintain adequate
and complete records showing all vehicles towed, stored and released,
all services rendered and all fees charged and collected. All records
shall be available for inspection by the Borough at any time during
normal business hours. Records shall be kept and maintained by the
official tower at one central location and shall be retained for a
period of seven years. Records may be written, printed or computerized
as long as the requirements of this paragraph are met.
A.
In the event a complaint is received by the Borough
involving the improper or unsatisfactory performance of services by
an official tower, excessive charges or damage to a motor vehicle
while in the custody of the tower, written notice of same shall be
provided by the Borough Clerk to the official tower involved. The
tower shall have the opportunity to respond, in writing, within five
days.
B.
Within 14 days of receipt of the tower's response,
or within 21 days of receipt of the complaint, if no response is received,
the matter shall be presented by the Borough Clerk to the Mayor and
Council.
C.
The Mayor and Council shall consider the matter at
a regular public meeting and may request that the complainant and
the tower involved appear and give testimony regarding the complaint.
D.
After considering the matter, the Mayor and Council may determine that it constitutes a reason for which the governing body may terminate its agreement with the tower, as set forth in § 439-5 of this chapter.
E.
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.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, or hearing by Borough Council,
be removed or punished by a fine not to exceed $4,000; and 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.
