To establish rules and regulations, pursuant
to N.J.S.A. 40:48-2.49 et seq., for the towing and storage of motor
vehicles from public roadways by operators engaged in the business
of towing and storing motor vehicles.
The provisions of this chapter shall apply to
those businesses that engage in towing and storage of motor vehicles
within the Borough of Lavallette through the Police Department.
As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED VEHICLE
A motor vehicle which the owner or operator leaves on a public
roadway and fails to notify the police or does not attempt to repair
and remove the same within a reasonable period of time.
DISABLED VEHICLE
Any motor vehicle which is unable to operate under its own
power.
HEAVY-DUTY RECOVERY
The recovery of any motor vehicle over 10,000 pounds gross
vehicle weight which requires the vehicle to be uprighted or recovered
from either on or off the traveled portion of a public roadway.
HEAVY-DUTY TOWING
The towing of any motor vehicle over 10,000 pounds gross
vehicle weight.
IMPOUNDED VEHICLE
A vehicle which, at the direction of the Police Department,
is taken into police custody because the operator of the vehicle was
engaged in a violation of the law, including but not limited to the
operator being arrested on a DWI charge, the operator having been
arrested for driving without registration or insurance, or the operator
having been arrested for stealing the motor vehicle, or the vehicle
having been involved in a serious accident.
LIGHT-DUTY TOWING
The towing of any motor vehicle up to and including 10,000
pounds gross vehicle weight.
MOTOR VEHICLE
All vehicles propelled otherwise than by muscular power,
including trailers and recreational campers, excepting such vehicles
as run only upon rails or tracks and motorized bicycles.
TOWING LIST
A rotating list of all towing services registered with the
Borough of Lavallette kept by the Borough Chief of Police or Public
Safety Director.
TOWING RATES
Fees charged by a towing service for removal and transportation
of a motor vehicle.
TOWING SERVICE
A business engaged in the towing and storing of motor vehicles
which has been approved for the towing list.
TOWING VEHICLE
A motor vehicle employed by a towing service for the purpose
of towing, transporting, conveying or removing motor vehicles from
public roadways.
No towing service shall operate within the Borough
unless it carries liability insurance in the following amounts:
A. Garage liability/comprehensive general liability insurance
policy in an amount not less than $1,000,000 combined single limit
covering bodily injury and property damage liability, including but
not limited to personal injury, products' liability, independent contractor
and completed operation coverage;
B. Garage keeper's legal liability insurance policy in
an amount not less than $100,000;
C. For heavy-duty towing and heavy-duty recovery vehicles,
$1,000,000 combined single limit with endorsement MSC-90;
D. Automobile liability insurance policy in an amount
not less than $1,000,000 combined single limit covering bodily injury
and property damage liability, including but not limited to owned,
nonowned and hired vehicles;
E. Worker's compensation insurance as required by law,
including but not limited to statutory New Jersey worker's compensation
benefits and employer's liability coverage;
F. All policies shall provide an endorsement for collision
coverage for motor vehicles and cargo towed by towing service vehicles;
and
G. On all liability policies, the Borough of Lavallette
shall be added as an additional insured, and insurance policies and/or
certificates shall indicate such coverage as primary coverage notwithstanding
any insurance carried by the Borough.
All towing services shall be responsible for
collection of all fees for services rendered.