[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 14-2003 (Ch. 10.24 of the 1996 Municipal Code). Amendments noted where applicable.]
A.
The purpose of this chapter is:
(1)
To establish a requirement and procedure for the licensing of individuals
and entities providing towing and storage services to the police.
(2)
To establish, in the interest of public safety, a uniform policy
for the towing and storage of motor vehicle towed and stored at the
request of the police; and
(3)
To establish uniform fees for towing and storage services.
B.
This chapter shall apply to all motor vehicle towing and storage
operations performed at the request of the police.
As used in this chapter, the following terms shall have the
meanings indicated:
A private passenger motor vehicle, or any vehicle included
in the definition of "automobile" under N.J.A.C. 11:3-2.2.
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.
"Basic towing service" does not include recovery of vehicles from
a position outside the right-of-way or berm, or recovery from resting,
impaled upon, adhered or otherwise attached to, any other object within
the right-of-way or berm.
City of Burlington.
New Year's Day, Martin Luther King Day, President's
Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's
Day, Thanksgiving Day and Christmas Day.
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks, or motorized
bicycles.
A person engaged in the business of towing and storing motor
vehicles or offering the services of a tow vehicle or tow truck and
storage services.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles and trailers employed for the purpose of
towing, transporting, conveying and/or removing motor vehicles which
are unable to be operated under their own power from one place to
another, for which a charge or fee is extracted. All vehicles to be
used pursuant to this chapter shall be adequately designed and maintained
by the tow operator to transport a disabled vehicle safely and without
damage.
Monday through Friday between the hours of 8:00 a.m. and
4:30 p.m.
A Saturday or a Sunday.
Monday through Friday between the hours of 4:30 p.m. and
8:00 a.m.
No person shall engage in the business of towing or storing
motor vehicles at the direction of the police without first obtaining
a tow operator's license. Nothing herein shall require licensing
for the rendering of road service or for the provision of towing and
storage services within the City other than at the request of the
police.
A.
Applicants for a license under this chapter shall file with the City
Clerk a sworn application on a form to be furnished by the Clerk,
which shall include the following information and certification:
(1)
The full name and address of the applicant. If the application is
made for a corporation, it shall state the names and addresses of
the officers and directors thereof, its registered agent and the names
and residential addresses of every stockholder owning more than 10%
of the issued stock.
(2)
The year, make and type of each tow vehicle used in said business,
its serial number, registration number and registered owner;
(3)
The address where the tow vehicle or vehicles shall be regularly
garaged, the telephone number or numbers and the hours during which
service is available at those numbers, and the name, address and telephone
number of an emergency contact for the applicant. In addition, the
operator shall maintain, available for inspection by the City, a list
of active drivers containing their names, addresses, New Jersey driver's
license number and commercial driver's license number (if applicable).
(4)
Storage location setting forth capacity, contractor responsible for
safe storage area location, proof of ownership or lease of storage
area along with a survey certifying the square footage within the
surveyed area.[1]
(5)
The name and address of the insurance carriers, and the policy numbers of all insurance policies as required by § 326-9;
(6)
A copy of the operator's current fee schedule for towing and
storage services, separately listing towing and storage fees for automobiles
and other motor vehicles;
(7)
A certification that on-call towing and storage services will be
available 24 hours per day, every day of the year;
(8)
A certification that all required fees will be paid and procedures
will be followed at all times;
(9)
A statement that the Chief of Police or his designee may at any reasonable
time conduct and inspection of the tow vehicles or storage facility
of any applicant or licensee for the purpose of determining compliance
with City regulations.
(10)
A certification that neither the applicant nor any tow vehicle
operator shall have any criminal convictions for crimes involving
fraud, dishonesty, or moral turpitude, or prior motor vehicle infractions
related to the towing, licensing, repairing, registration, or titling
of motor vehicles or motor vehicles towing operations which might
adversely affect public safety or welfare;
(11)
An agreement to abide by and accept the terms and conditions
of this chapter and the rules and policies adopted pursuant to this
chapter;
(12)
Satisfactory proof that any and all applicable business and/or
trade licenses have been obtained;
(13)
A statement of hours during which the facility is open and available
for the retrieval of vehicles or the transaction of business by members
of the public. The hours of business shall be not less than six hours
per weekday and at least four hours on Saturday.
(14)
Such other information as the administrator or Chief of Police
may reasonably require.
B.
All applications for a tow operator's license shall be accompanied by a fee as set forth in Chapter 146, Fee Schedule, to cover the City's costs in processing the application. An annual fee as set forth in Chapter 146, Fee Schedule, shall be due to the City. All fees are nonrefundable whether or not the license is denied or revoked for any reason.[2]
A.
The City Clerk shall forward all complete applications to the Chief
who shall conduct or cause to be conducted such investigation as he
deems necessary to determine the truth and accuracy of the information
contained in the application and whether the applicant meets the following
minimum performance standards:
(1)
The applicant has the ability to respond to the scene in response
to any request for assistance within 15 minutes after notification.
(2)
The applicant can provide on-call towing services 24 hours per day,
every day of the year.
(3)
The tow trucks and equipment are in safe and sound condition and
in compliance with all applicable laws, rules and regulations, capable
of transporting disabled vehicles safely and without damage. All applicants
must meet minimum standards of operator performance, including but
not limited to standards concerning the adequacy of the applicant's
equipment and storage facilities and availability.
(4)
The applicant owns or has a valid lease to a storage facility within
three miles of the City limits, in an area legally zoned for such
use, and such storage facility shall have a minimum of 25 spaces for
passenger automobiles. Such storage facility shall comply with the
requirements of this chapter.[1]
(6)
The applicant is in compliance with and/or has the ability to comply
with all other requirements and standards set forth herein.
B.
In addition to the minimum standards of performance referred to in
the preceding subsection, all applicants are subject to disqualification
if found deficient in any one of the following areas:
(1)
Provided false or inaccurate information on the application form;
(2)
Lacks experiences and/or does not have good references from prior
customers of the applicant's towing and storage services;
C.
Within 60 days of receipt of an application the Chief of Police shall make his recommendation to the City Clerk. The City Clerk shall make the final decision regarding all new and/or renewal applications for towing. If the application is disapproved, the reasons therefor shall be set forth in writing. The City Clerk shall notify the applicant, in writing, that the application has been granted or denied. If the application is denied, the reasons for such denial shall be set forth in the notice, along with the applicant's right to appeal the denial to the Common Council pursuant to § 326-8.
A.
A tow operator's license shall be issued by the City Clerk to an approved applicant upon provision of insurance certification pursuant to § 326-9. The City Clerk shall send a copy of the license to the police for filing, and shall keep a permanent record of each license.
B.
All licenses shall expire at the end of the calendar year in which issued. Applications for renewal, certifying any changes to the original application or certifying no change shall be filed with the City Clerk at least 30 days before expiration, on forms to be provided by the City Clerk. Renewal applications will be forwarded to the Chief of Police for review and any necessary investigation in accordance with the procedures and standards set forth in § 326-5. Results of the Chief of Police's investigation shall be forwarded to the City Clerk for the Clerk's consideration when reviewing an application. If approved, a renewal license shall be issued upon payment of the license fee and provision of required insurance certifications.
C.
All licenses or certified copies thereof shall be displayed prominently
on all tow vehicles and at the tow operator's principal place
of business.
D.
All licenses are nontransferable.
A.
Licenses may be suspended or revoked by the City Clerk after reasonable notice and opportunity for a hearing pursuant to § 326-8 for any of the following reasons:
(1)
False or materially inaccurate information in the application, or
a change of circumstances which would have caused disapproval of the
application if existing at the time of approval;
(2)
Failure to comply with any of the requirements of this chapter, any
additional regulations promulgated by the Common Council, or any state,
federal or local law relating to motor vehicle operation or storage;
(3)
Unsatisfactory service which jeopardizes public safety. By way of
example and not of limitation, more than three unexcused failures
to respond and/or valid complaints (as determined by the Chief of
Police after investigation) within a twelve-month period shall be
cause for suspension and/or revocation.
(4)
Multiple responses to tow situations without first being called pursuant
to the rules established by this chapter unless a direct call is made
to the tow operator by the vehicle owner or operator. In lieu of revocation,
the Clerk may drop the offending operator to the bottom of the on-call
list for a first offense under this provision.
B.
Notice of suspension and/or revocation shall be in writing and shall include the reasons therefor and notice of the licensee's right to appeal to Common Council pursuant to § 326-8.
C.
License fees shall in all cases be nonrefundable regardless of revocation
or suspension of the license.
A.
Any person aggrieved by the action of the City Clerk in the denial
of an application for a license, or in revocation thereof, or in the
suspensions from the City's on-call towing list, may appeal to
the Common Council by filing with the City Clerk, within 14 days after
notice of the action complained of has been mailed to such person's
last known address, a written request for a hearing, setting forth
fully the grounds for the appeal. The Common Council will set a time
and place for a hearing on such appeal, and notice shall be served
on or mailed to the applicant or licensee at least five days prior
to the hearing. The Council's determination shall be made by
resolution and shall become more effective immediately, unless otherwise
set forth in writing in the resolution.
B.
The Common Council may, for good cause shown and in its sole discretion,
stay a suspension or revocation by the City Clerk pending the holding
of a hearing.
A.
Every licensee shall carry insurance as follows:
(1)
Comprehensive automobile liability in an amount not less than $1,000,000
combined single limits;
(2)
Workers compensation coverage as required by state law;
(3)
Garage keeper's liability in the amount not less than $60,000
per location;
(4)
Garage liability in the amount not less than $1,000,000 combined
single limits;
(5)
Comprehensive general liability coverage in an amount not less than
$1,000,000 for each person and $3,000,000 for each accident;
(6)
Endorsements providing for collision coverage for vehicles in tow;
(7)
Endorsements incorporating the indemnification provision set forth in Subsection B of this section;
(8)
Endorsement naming the City as an additional insured in all insurance
policies (except workers' compensation policies) for licensees on
the City's on-call towing list.
B.
All licensees shall hold harmless and indemnify the City, its officers, employees and agents, from any and all liability claims, losses or damage arising or alleged to arise from the performance of the towing services requested of or rendered by the licensee. The City shall be named as an additional insured on the tow operators' liability policies as set forth in Subsection A of this section.
C.
All insurance policies shall be written by insurance companies acceptable
to the City and authorized to do business in the State of New Jersey
with a best rating of not less than AAA.
D.
No license shall be issued or renewed until the applicant has filed
with the City Clerk certificates of insurance evidencing the required
insurance coverage and endorsements. All certificates must provide
for 30 days' prior written notice to the City of policy cancellation
or material change.
E.
A license will be automatically revoked upon expiration or cancellation
of the required insurance or material change in coverage which renders
that coverage not in compliance with the requirements of this section.
A.
The Chief of Police shall maintain a list of those tow operators
licensed by the City to respond to calls from the police. In order
to be included on the on-call towing list, an applicant must meet
all of the requirements of this chapter and shall enter into an agreement
with the City for a term of one year, said agreement to be prepared
by the City Solicitor.
B.
Calls to tow operators on the on-call list shall be made on a nondiscriminatory
rotating basis, pursuant to procedures established by the Chief of
Police. Nothing herein shall prohibit the Chief of Police or his designee
from calling a tow operator out of sequence or seeking the services
of a tow operator not on the on-call list if the circumstances require
specialized equipment or if the interest of public safety so require.
If the tow operator selected does not respond to the scene within
15 minutes notification, the Chief of Police or his designee shall
be permitted to summon the next available tow operator. When any unusual
situation occurs which may be dangerous to the safety of the public,
such as a spill of toxic material or other dangerous cargo, the police
may select any qualified tow operator.
C.
The fees to be charged for the towing and storage services of automobiles shall be as set forth in § 326-13. The City shall not be liable for the cost of any towing and/or storage services unless those services are performed on a municipal vehicle. This means, by way of example and not limitation, if a tow operator is called to provide a service and the owner is able to get his/her vehicle started and operating in the interim, then neither the City nor the owner shall be responsible for the tow operator's costs. Further, the tow operator will not lose his position on the towing list.
D.
Inclusion on the on-call towing list shall be automatically revoked
upon expiration or revocation of the tow operator's license.
The Common Council may also suspend a licensed tow operator's
inclusion on the on-call towing list for such period of time as deemed
appropriate for violations of this chapter, after a hearing on such
violations.
E.
Nothing in this section shall prohibit a motorist or motor vehicle
owner from summoning a tow operator of his or her own choosing, except
that any City police officer at the scene of an incident requiring
towing services shall be responsible for making the final determination
as to when towing shall take place and which tow operator shall be
called.
A.
All vehicles towed at the request of the police must be removed to
an approved storage facility unless the owner or operator of the vehicle
specifically requests that it be towed to another destination. A police
officer at the scene shall be responsible for making the final determination
as to the towing destination.
B.
Vehicles that are being towed and held by the police shall not be
released until the owner or his/her agent provides a release form
from the police.
C.
All vehicles towed at the request of the police must be stored together
at the approved storage facility and not scattered through the premises.
D.
No tow operator shall dispose of, destroy, remove, sell or otherwise
transfer any vehicle towed at the request of the police without first
complying with all applicable laws of the state and notifying the
police of its intention to do so in writing at least 14 days prior
to effectuating same.
A.
In addition to any requirements set forth elsewhere in this chapter,
all approved towing services must provide, in writing, an employment
nondiscrimination statement prior to the issuance of said approval,
and must agree to comply with all laws and regulations concerning
wages, hours and terms of employment.
B.
Employees of an approved towing service shall in no way be deemed
to represent or be employed by this municipality, and all such towing
services shall be responsible for the conduct of their employees.
C.
All towing and storage fees shall be disclosed in an appropriate
notice on the front or top page of all invoices and receipts. Additionally,
adequate public posting of such fees must be made at the storage area,
in easy view of the public.
D.
Tow operators shall advise members of the public of their right to file a complaint with the City Clerk. The City Clerk shall evaluate all such written complaints in determining whether action is required under § 326-7. Tow operators shall maintain a detailed list of all complaints received for inspection by the City Clerk, which shall include, at least, the name and address of the complaining party; the date, time and place of the tow; the nature of the complaint; and the disposition of the complaint.
A.
No person shall be liable to any tow operator who tows or stores
an automobile, including but not limited to any automobile which was
damaged in an accident or recovered after being reported stolen, for
any fees in excess of the following:
(1)
All weights shall be based upon the manufacturer's stated gross
vehicle weight.
(2)
Day rates shall apply between the hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday. The night/weekend/holiday rate shall apply
from 4:30 p.m. to 8:00 a.m. Monday through Friday and for the entire
twenty-four-hour-day on weekends and holidays. All rates shall be
based upon the time of the call to the tow operator.
(3)
Storage fees are for each twenty-four-hour day or portion thereof.
A new day commences at one minute after 12:00 a.m.
B.
Basic towing service fees are maximum rates for up to one hour of
service at the scene, and includes mileage for the first five miles
of tow.
[Amended 9-15-2009 by Ord. No. 18-2009]
|
Day
|
Nights, Weekends, Holidays
| ||
|---|---|---|---|
|
Basic Towing Service Fees (includes flat bed services)
| |||
|
Automobiles and trucks under 1 ton
|
$90
|
$125
| |
|
Trucks one to 5 tons
|
$90
|
$125
| |
|
Trucks, buses, tractor trailers and heavy equipment over 5 tons
|
$150
|
$150
| |
|
Motorcycles, motorscooters and mopeds
|
$50
|
$70
| |
|
Storage Fees to be Charged to Owner or Operator of Vehicle
| |||
|
Inside secured
|
$30/day
| ||
|
Outside secured
|
$30/day
| ||
C.
In no event shall any tow operator charge a towing or storage fee
for private passenger vehicles damaged in an accident or recovered
after being stolen in excess of the fees established by the Department
of Insurance. It shall be the responsibility of the tow operators
to comply with all applicable Department of Insurance rules and regulations.
The tow operator shall submit annually as part of its application
or renewal thereof its fee schedule for the towing and storage of
automobiles, which shall be subject to the review and approval of
Common Council.
D.
If a tow operator impounds a vehicle from a public street, right-of-way
or other location at the direct request of the police, the basic fee
for towing and storage shall be as noted above.
E.
For all motor vehicles other than those set forth above, the tow
operator shall set reasonable and customary fees for the Burlington
County area for the towing and storage of such vehicles. The tow operator
shall submit annually, as part of its application or renewal thereof,
its fee schedule for the towing and storage of all motor vehicles
other than automobiles, which shall be subject to the review and approval
of the Common Council.
F.
A current fee schedule shall be submitted for approval on an annual
basis at the time of application for license renewal.
G.
When basic towing services are rendered for any automobile, there shall be no additional charges other than those provided for in Subsection A of this section, including but not limited to flatbedding, waiting time, winching and additional labor.
H.
Tow vehicles transporting multiple vehicles at one time may charge
the applicable fee for each vehicle transported.
I.
Prior to hookup or flatbedding of a motor vehicle, the tow operator
shall present a copy of its fee schedule to the owner or operator
of the vehicle. The fee schedule shall also contain the name, address
and telephone number of the tow operator and a statement of the hours
when and the location where the motor vehicle may be claimed.
The Common Council shall promulgate such rules, regulations
and procedures, not inconsistent with this chapter as may be reasonable
and necessary. Copies thereof shall be provided to all licensed tow
operators and shall be made available to the public, along with copies
of current fee schedules, during normal business hours. Failure to
comply with applicable rules, regulations and procedures may be cause
for revocation of a tow operator's license.
The Chief of Police is hereby designated to enforce the provision
of this chapter and any applicable rules and regulations.
The schedule of services and rates for the towing and storage
of motor vehicles is subject to the approval of the Division of Consumer
Affairs. The City Clerk shall submit this chapter to the Division
of Consumer Affairs for approval.
