[HISTORY: Adopted by the Borough Council of the Borough of Lodi 1-19-2010 by Ord. No. 2010-08. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any motor vehicle or vessel partially dismantled or not readily capable of operation under its own power or not currently licensed, wrecked or junked. It shall also mean any vehicle whose owner has terminated the use and care of the vehicle and has either indicated by his words or actions an intent to leave it and no longer claim ownership of it or left it without making arrangements for the storage with the owner, occupant or person in control of the premises on which it is located.
Charges for services, including but not limited to physical inspection, telephone and/or fax calls, copying of documentation and additional office paperwork before and at the time of release.
STANDARD SITE CLEANUPThe amount of debris removal that should reasonably be anticipated at the scene of motor vehicle accident or incident. The standard site cleanup is usually defined to the point of impact, the final resting point of the vehicle and the associated debris field. It includes cleanup of fluids and oil spills.
EXTENDED SITE CLEANUPThe removal of debris at the point of impact, as well as along the path of pre-impact and/or post-impact, where vehicle disintegration and/or other property damage occur as a result of the motor vehicle accident or incident.
ABSORBENTSAny group of products used to soak up spills or vehicle fluids. These would include oil dry, absorbent pads, socks, booms, etc.
The towing of a motor vehicle which is required because the disabled vehicle is damaged in a manner where the use of a conventional wrecker cannot safely perform the service.
The storage of a motor vehicle upon the order of a law enforcement agency.
Any recurring or nonrecurring event that created a diminished capacity to roadway function or threatens the environment.
The additional work done at the scene by the tow truck operator which is beyond that required to perform a basic tow or any additional manpower needed to complete recovery, winching or towing of a vehicle. Labor charge for additional manpower shall be based on a per-man, per-hour rate with a one-hour minimum.
Any entity or individual authorized by the Mayor and Council to engage in police towing services for the Borough of Lodi.
Use of specialized equipment or tow truck to retrieve a vehicle that has left the roadway.
The storage of vehicles by stacking them vertically, one on top of another.
Use of towing services when, in the determination of the Lodi Police Department, there is a recurring or nonrecurring event that creates a diminished capacity to roadway function or threatens the environment that requires a tower to respond.
Use of a tow truck or service vehicle to attempt to repair a vehicle at the point of the breakdown, such as jump starts, tire changes, etc.
Use of a wide variety of equipment not normally considered towing equipment, such as but not limited to construction-type equipment used to access or clean up a recovery scene of wreckage.
"Storage charges for a twenty-four-hour period" means the maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof, beginning when the vehicle is placed in the storage facility.
OUTSIDE SECURED STORAGEWhen a motor vehicle is placed in an outside secured storage facility which will be completely enclosed with at least a six-foot fence, will have at least one entrance and exit gate, and will be completely illuminated by outside lighting in order to safeguard the motor vehicles.
INSIDE SECURED STORAGEWhen a motor vehicle is placed inside a secured facility at the request of the vehicle owner/operator or at the request of a law enforcement agency for preservation purposes, i.e., owner/operator request for an antique or classic motor vehicle and/or an expensive luxury motor vehicle and/or law enforcement request for preservation of further law enforcement investigation.
Commercial motor vehicle designed exclusively to lift motor vehicles which have become disabled, wrecked, recovered stolen, and police impound by means of lifting from the front or rear by the following methods: sling-type, mechanical or hydraulic; wheel-lift-type, mechanical or hydraulic.
LIGHT-DUTY TOW TRUCKUsed to tow and recover small light-duty vehicles up to 10,000 pounds.
MEDIUM-DUTY TOW TRUCKUsed to tow and recover small commercial-type vehicles up to 33,000 pounds gross vehicle weight (GVW) or passenger vehicles unable to be recovered with light-duty tow truck or flatbed.
HEAVY-DUTY TOW TRUCKCommercial manufactured truck with wrecker body; minimum GVW 33,001 pounds, used to tow and recover commercial-type vehicles over 33,000 GVW as well as passenger vehicles unable to be recovered by other means.
HYDRAULIC FLATBED CAR CARRIERCommercial motor vehicle designed exclusively to transport motor vehicles which have become disabled, wrecked, recovered stolen, and police impound by means of bodily winching motor vehicles from roadway level up onto hydraulic bed for transporting purposes.
SPECIALIZED FLATBED CARRIEREquipped with special hydraulic oscillation knuckle boom crane. Commercial motor vehicle exclusively designed for special recovery procedures when needed and also to bodily lift and transport motor vehicles.
Any individual employed by a licensee to operate any of its tow trucks while providing police towing services.
When a tow truck and/or hydraulic flatbed carrier takes in its possession the care, control and custody of a motor vehicle by means of standard industry procedures.
Accompanying an owner and/or insurance representative into the secured storage yard facility to inspect, remove personal belongings, adjust and take photographs. Documentation such as driver license of vehicle owner, business card of insurance representative must be photocopied and time stamped when this additional auxiliary service is performed. No fee shall be charged to a vehicle owner for the first visit to remove personal belongings. Vehicle access charges incurred by an insurance company, at the insurance company's request, shall be billed directly to the insurance company.
The process of recovering a vehicle or any other object, as requested, that is in water or under water, which requires the tow operator to enter the water to effectuate the recovery.
An action deliberately taken by an owner or insurance company to leave a vehicle or vessel at a storage yard in order to attempt to avoid paying the towing, recovery, storage, etc., charges due against the vehicle. See N.J.S.A. 39:4-56.5 and 39:4-56.6.
The process of moving a motor vehicle by the use of additional chains, nylon slings and additional lengths of winch cable from a position that is not accessible for direct hook up by conventional means for towing and/or loading onto a tow vehicle. Winching is not pulling a vehicle onto a flatbed carrier or lifting a motor vehicle by conventional means (tow sling, wheel lift, etc.).
The process of removing wreckage from the roadway (i.e., the vehicle and its debris), which includes the removal of pieces of vehicles from a crash scene, with the end result being to return the roadway back to pre-crash conditions.
A.
Licensing required. No person or entity who wishes to engage in police towing services for the Borough of Lodi shall be permitted to do so without first obtaining a license for such services in accordance with the terms of this chapter.
B.
Qualifications for license.
(1)
So as to provide the Borough with assurance that a tower has sufficient experience and expertise in towing, as well as sufficient knowledge of the municipality and its various roadways, any person or entity must, itself, exclusive of any association with another, have been engaged in the business of towing and storing motor vehicles for at least the last five years and within this Borough for a minimum of the last two consecutive years. ("Within this Borough" shall not be interpreted as having a location within the Borough of Lodi.) Where an entity wishing to engage in towing for the Borough of Lodi does not meet these minimum time requirements, it shall be sufficient that the principal(s) of such entity meet the requirements.
(2)
The licensee must be able to provide service 24 hours per day, seven days per week, including holidays.
(3)
A licensee must have a principal place of business which includes a business office and storage location, as hereinafter set forth, within 1.5 mile from an entrance or exit to One Memorial Drive, Lodi, New Jersey.
(a)
The structure housing the business office shall be a permanent structure. Both the business office and storage facility must meet all of the applicable requirements otherwise provided by this chapter.
(b)
The business office and storage facility need not be in the same location, provided each complies with the requirements set forth herein. However, if the place where a vehicle is to be retrieved is separate from the business office of the licensee and is not within 525 feet (1/10 mile) of the said office, then the vehicle:
[1]
If drivable, shall be delivered to the party retrieving it at the business office or the party shall be driven to the vehicle by the licensee without charge; or
[2]
If not drivable, then, at the request of the person seeking to inspect it, the person who has the permission of the owner shall be driven without charge by the licensee to the storage location on not more than one occasion,
(4)
All applicants must own or have access to at least one light-duty tow truck, one hydraulic flatbed car carrier and one heavy-duty tow truck. Each tow truck utilized for Borough towing shall be equipped with the following:
(a)
A passenger seat to transport the driver of the vehicle to be towed, under appropriate circumstances, to the storage area at no additional cost to the owner of the vehicle.
(b)
Paging capabilities with its dispatching center on a twenty-four-hour basis.
(c)
At least two amber rotating beacons or strobe lights mounted on the highest practical location of the vehicle, visible from 360° when in use and visible at a minimum distance of 500 feet during daylight hours. An amber light permit, as required by the State of New Jersey, must be filed by the tower in the office of the Chief of Police and the Borough Clerk.
(d)
Safety tow lights or magnetic tow lights to be mounted upon any vehicle being towed.
(e)
At least one heavy-duty broom, shovel, crowbar or pry bar, a set of jumper cables, 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 disabled vehicle, at least 10 pounds of dry sand or a drying compound for gasoline and oil spilled onto a roadway and a sufficient quantity and types of tools to enable the tow operator to perform proper and adequate emergency repair services for the tow.
(5)
Every tow truck shall, at all times, 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 representatives of the Borough, including the Chief of Police or his designee, at any time. Where applicable, all permits required by any governmental authority relating to the equipment shall be provided to the Borough upon its request.
(6)
Every tow truck shall have the name, address and telephone number of the official tower, by a permanently affixed or painted sign, prominently displayed on the vehicle in such manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46 on the outside door panels of both sides of the vehicle. Temporary, magnetic or other easily removable signs are not acceptable.
(7)
The licensee must be able to respond to the scene where its services are required within 15 minutes from the issuance of a telephone notice at any time of the day or night.
C.
Storage location.
(1)
A storage location must have a minimum of 5,000 square feet available to accommodate storage of a minimum of 15 vehicles. No vertical stacking of vehicles is permitted. In addition, each storage location must be able to provide secure indoor storage for a minimum of two motor vehicles.
(2)
The exterior of each storage location must be fully fenced-in with a fence not less than six feet in height covered in such a manner so as to prevent visibility of stored vehicles from the street. Gates shall be locked when the location is not attended and it shall be continuously lighted from dusk until dawn so as to safeguard vehicles from vandalism and/or theft.
(3)
Exterior storage must have a paved surface (asphalt or concrete) for all vehicles being stored. All storage areas must be level and maintained clear of debris and must be clearly marked so as to establish an area necessary to maintain the minimum capacity of 15 vehicles for the Borough. No licensee shall be permitted to pile vehicles.
(4)
It being the intention of this chapter to provide persons with a readily accessible and secure storage area for their vehicles, all vehicles towed pursuant to this chapter must be stored in the aforesaid storage location. No vehicles may be stored on any public thoroughfare, right-of-way or roadway.
(5)
All storage locations shall meet all requirements of the applicable land use ordinances of the municipality in which they are situated. Upon request, the licensee shall provide, by way of a certificate of occupancy or other similar document, proof establishing such compliance. All such storage locations must conform to the fire regulations of the Borough of Lodi and/or the municipality in which the storage area is located. It shall be the responsibility of the licensee, upon the request of the Borough, to provide written proof of such compliance.
(6)
The Borough shall have access to any part of designated storage location, exterior and interior, at any time of the day or night for the purpose of inspection and/or investigation. However, during the periods the tower is not the regularly scheduled tower, access to the yard for purposes of inspection shall be during the tower's regular business hours.
(7)
The licensee must provide a clean waiting room for the public with a rest room and access to a telephone (not a cell phone) in its business office. If the business office and storage areas are not within 1/10 mile of each other, and the public is required to go to the storage area to retrieve a vehicle, then the storage area must also provide the same facilities.
(8)
Licensee shall prevent and prohibit any unescorted access to the storage area by the public. Vehicles which are impounded by the Lodi Police or other police authority and which are required to be maintained as evidence shall be maintained in a secure indoor facility and shall be properly roped off from other vehicles in an area which shall be kept nonaccessible to any person, including employees of the licensee, other than a police authority.
(9)
Storage areas may be owned or leased.
(a)
If the storage facility is owned, the licensee shall at the time of the application provide a certified copy of the deed and a survey of the owned property.
(b)
If the storage facility is leased, at the time of the application the licensee shall provide a certified copy of the lease and a survey of the premises leased, as well as a certification from the property owner that the lease provided is in full force and effect. The lease shall be valid and enforceable at least to the end of the calendar year of the application. With each renewal of the license, succeeding leases shall similarly be valid and enforceable to the end of the calendar year of such renewal. The licensee shall, upon request of the Borough and during the entire period of the lease, supply a certification from the property owner verifying that the lease continues to be in full force and effect. Expiration or other termination of the licensee's lease shall be sufficient cause to suspend and/or revoke any license issued pursuant to this chapter.
(c)
Should the owned or leased property not be in its entirety for purposes of this chapter, then the specific area to be dedicated for storage area and/or business office shall be clearly delineated on said survey.
(10)
Each storage facility must provide access to same for the reclaiming of towed vehicles not less than eight hours per day (9:00 am. to 5:00 p.m.), Monday through Friday, and four hours on Saturday (9:00 am. to 1:00 p.m.). During the period the tower is the on-duty tower, such access shall be provided until 10:00 p.m., Monday through Friday, and until 6:00 p.m. on Saturday, unless the tower is actually on a Borough-requested tow. In the event the licensee provides a customer or party inspecting the vehicle access during other times, the licensee is prohibited from charging an additional fee.
D.
Tow truck operators.
(1)
No person may be a tow truck operator unless such person shall possess a valid permit to operate a tow truck and a valid New Jersey driver's license for the class vehicle being operated.
(2)
No person shall be eligible to apply for a permit hereunder if such person shall have been convicted of a crime of the first through third degree, at any time, nor a crime of the fourth degree within the past five years, as set forth in the New Jersey Criminal Code, as now existing or as may hereafter be amended.
(3)
No person shall be eligible for a permit hereunder if they have been convicted of a second offense pursuant N.J.S.A. 39:4-50 (driving while intoxicated) or N.J.S.A. 39:4-50.4a (refusal to submit to chemical test). A conviction of a similar offense in a jurisdiction other than the State of New Jersey shall be treated in a like manner.
(4)
In the event any tow truck operator shall become ineligible for a permit by reason of being convicted of a statute or crime referred to above or shall have his or her driver's license suspended or revoked, such conviction, suspension or revocation shall be made known, in writing, to the Borough Clerk and Police Department by the licensee, and such driver's permit to be a tow truck operator shall be immediately revoked. It shall be the responsibility of both the licensee and the tow truck operator to report such conviction, suspension or revocation. It shall not be a defense to a violation of this section that the licensee was unaware of such operator's conviction, license suspension or revocation, each licensee having the responsibility of assuring that all tow truck operators employed by the licensee are properly licensed and possess a valid permit to operate such motor vehicle as may be required for towing services.
A.
Written application required. Every applicant for a license shall complete, sign and verify a written application, in triplicate, on forms furnished by the Borough Clerk. It shall be the responsibility of the applicant to respond to every portion of the application. Failure to do so will render the application incomplete. Applications are due in the Borough Clerk's office no later than November 30 in the year prior to the expiration of the current towing licenses. In the initial year of enactment, applications shall be due March 1, 2010, and the initial license period shall be from April 1, 2010 to December 31, 2010. All existing licenses shall be continued until April 1, 2010. The initial license fee shall not be prorated.
B.
Application requirements. Each application shall require:
(1)
Name and address of the applicant. If the applicant is other than a natural person, the names, addresses, social security numbers and driver's license numbers of all persons having an ownership interest in the business entity, as well as the name and address of the registered agent upon whom process can be served for the applicant.
(2)
The names, addresses, social security and driver's license numbers of all employees.
(3)
The vehicle identification number (VIN) and New Jersey registration of each vehicle to be used by the applicant for the services herein.
(4)
Address of the storage location for all towing vehicles and stored vehicles.
(5)
A list of every other locality for which the tower holds, or has held in the last five years, a police towing license. This list shall also disclose any complaints registered by the public or others concerning the applicant's performance within such other jurisdiction.
(6)
Name and address of the insurer and policy numbers for all insurance required to be maintained pursuant to this chapter.
(7)
Consent to the appointment of the Borough Clerk as the applicant's true and lawful agent for the purpose of receiving service of process out of any court of competent jurisdiction.
(8)
An agreement to be available and provide for the services required pursuant to this chapter and to abide with all of the fee or other requirements herein during the term of the applicant's license, including any renewal of same, and during the period it provides services to the Borough pursuant to this chapter.
(9)
Such other information as the Mayor and Council deems relevant in determining whether the applicant meets the requirements of this chapter.
C.
Documents to be filed with the application. At the time of the filing of the application, the applicant shall attach the following documents to the application:
(1)
Copy of deed to the storage area and, if separate from the storage area, office premises. If either or both are leased, a copy of the lease and certification of good standing of the lease signed by the property owner.
(2)
Current survey, not older than one year [or, if older than one year, but less than five years old, a certification by the property owner (and applicant, if leasing), that the survey as presented is accurate], and photographs of the storage and office premises of the applicant.
(3)
Descriptive list (make, model and year) of all vehicles owned by the applicant which are to be used for the services herein, setting forth the vehicle identification number and license registration number of each vehicle. If the vehicle is leased, a copy of the written lease instrument confirming its availability for use during the license period shall be provided. No vehicle, other than as set forth in said list, shall be used for towing services pursuant to this chapter.
(4)
Copies of declaration pages of all insurance required under this chapter.
(5)
Written consent of the applicant (including principals and officers of business applicants) and all employees of the applicant, permitting the Borough of Lodi to investigate and obtain, for purposes of this chapter only, a criminal background check and driving abstract.
(6)
A list of all persons who shall be designated as drivers for the applicant, with driver's license number and social security number for each. Said persons shall be the only persons permitted to operate a towing vehicle for the applicant.
(7)
Application fee as per the terms of this chapter.
D.
Application procedures.
(1)
When all requirements of the application procedure and all documents required to be submitted have been filed with the appropriate application fee, the application shall be deemed complete by the Borough Clerk. The original application shall be retained by the Borough Clerk. Copies shall be submitted to the Chief of Police and the Zoning Department.
(2)
The Chief of Police or his designee shall be charged with the responsibility of investigating prospective licensees, including a criminal background check and driver's history for all applicants and tow truck operators.
(a)
The purpose of the investigation is to determine whether the applicant and its employees meet the requirements of this chapter with respect to the absence of a past criminal history and with respect to their driving history.
(b)
Upon completion of said investigation, the Chief of Police shall provide a report to the Borough Manager, along with a recommendation to approve or reject each application. Each report shall reference prior violations of this (or predecessor) ordinances and/or applicable county or state laws, the number and location of any other municipal towing license(s) held by the licensee or any of its principals and any complaints registered by the public or others concerning the applicant's performance within the Borough or as a tower in another jurisdiction.
(c)
In the event the Police Department shall recommend the rejection of an application, the reasons therefor, stated with such specificity as the law permits, shall be part of the report.
(3)
The Zoning Department, upon receipt of the completed application, shall conduct an investigation of the business office and storage location for compliance with the chapter. It shall submit its report to the Borough Manager. The report shall set forth whether the applicant has complied with all of the requirements of this chapter and any other applicable municipal regulation with respect to the said premises or shall set forth, with specificity, any material deviations from said requirements.
(4)
Each applicant and tow truck operator employed by the applicant shall submit fingerprints, at the applicant's expense, so as to aid in the investigation.
(5)
Upon receipt of all the foregoing information, the Borough Manager shall recommend the approval or denial of such application request to the Mayor and Council.
A.
Determination of number of licensees.
(1)
It is the purpose and intention of this provision to provide adequate and necessary towing services to the Borough without excluding or discriminating against any applicant so long as the number of licenses to be issued are not so great in number as to render administering and policing the requirements of this chapter unduly burdensome, costly and impracticable to Borough facilities.
(2)
It has been determined by the Mayor and Council, in consultation with the Chief of Police, that the existence of an unwieldy and unnecessary number of licensed towers renders the purposes to be accomplished by this chapter to be cumbersome and not in the interests of the municipality, particularly in administering and implementing the provisions herein and in overseeing proper and continuous compliance by licensed towers with the requirements herein.
(3)
The Mayor and Council, giving due credence to the difficulty of administering and/or enforcing the terms of this chapter upon a large and/or unwieldy number of licensed towers, have determined that there shall be no more than six licensees operating as municipal towers for the Borough of Lodi.
B.
Additional applicants.
(1)
When the number of towers on the rotational list as herein described equals said amount determined in the preceding subsection, no further applications shall be received by the Borough Clerk.
(2)
Thereafter, when the number of licensed towers falls below the number required as aforesaid, either by resignation, attrition, disqualification, an increase in need for towers or otherwise, the Borough Manager may, but is not required to, seek additional towers. In such instance, the Borough Clerk shall advertise in a newspaper designated as the official newspaper of the Borough and shall post a notice on the bulletin board that the Borough is accepting applications for additional towers.
(a)
The period of application shall remain open for a period of 30 days from publishing, and the Clerk shall accept applications during said period.
(b)
Each new application shall be processed and investigated pursuant to the provisions herein for applications.
(c)
The appointment of additional towers shall be made as heretofore described.
(3)
If the number of applications exceeds the number of positions available, the positions shall be filled by an impartial selection process such as a lottery or other random, impartial type selection procedure, as determined by the Mayor and Council. Said selection shall be performed at a time and place set forth in a notice to be given to each approved applicant, who may be present during such selection process.
C.
Approval of application. An applicant may be included on the official towers list by action of the Mayor and Council, pursuant to resolution adopted at a public meeting when, from a consideration of the application and from such other information as may be obtained, the Mayor and Council determine 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 and all requirements for official towers pursuant to this chapter.
D.
Issuance of license.
(1)
The Borough Clerk shall promptly notify the applicant of the approval of the application and shall issue a license to the applicant. Under no circumstances shall a license be issued unless the required evidence of insurance is presented to the Borough Clerk and all required fees are paid. Failure of the applicant to submit such evidence of insurance and pay required fees within 10 days of applicant's receipt of notice of approval shall be deemed a withdrawal of the application and the license shall not issue to said applicant. The license shall be on a uniform form given to all licensees and shall contain the following information:
(2)
The Borough Clerk shall retain a permanent record of all licenses issued and shall also provide a copy of the license to the Police Department. Each license issued shall have appended to it a list of all tow truck operator permits issued to operators employed by the licensee. No person shall be authorized to operate a towing vehicle pursuant to this chapter other than those who have been approved for such operation by the Borough and whose name and driver's license number is contained in said list.
E.
Expiration of license. All towing licenses issued by the Borough of Lodi shall expire on December 31 of the second year following its commencement date, subject to the yearly fees and renewal procedures.
A.
Cause for revocation/suspension. Licenses issued under the provisions of this chapter are subject to revocation and/or suspension, pursuant to the procedures set forth hereafter, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application for the license or any other document submitted to the Borough under the terms of this chapter.
(2)
Any violation of this chapter or any other municipal regulation.
(3)
Any event, occurrence or state of facts which would render the applicant ineligible for a license pursuant to the terms and requirements of this chapter.
(4)
Any other cause which, pursuant to the terms of this chapter, reserve to the Borough the right to suspend or revoke licensing privileges.
(5)
Unsatisfactory service by the licensed tower.
(6)
Violation of any state or federal law or regulation appertaining to the business of towing and/or storage of vehicles.
(7)
Failure of a licensed tower, on more than one occasion, to have available for service the minimum required equipment for licensed towers as set forth herein or failure to respond to a service call within 15 minutes.
B.
The procedure for implementing the revocation and suspension provisions above shall be as follows:
(1)
The Borough Manager, upon determination that a complaint, filed either by the Chief of Police (or his designee) or a party who received towing services pursuant to this chapter, may recommend the suspension or revocation of a license issued hereunder.
(2)
A notice of such proposed action shall be provided to the licensee. Such notice shall set forth with specificity the proposed final sanction to be imposed by the Borough for the violation, which may include suspension, revocation and/or permanent disqualification, as well as the basis for the proposed action.
(a)
Such notice shall be delivered to the licensee either by personal service or by United States Mail.
(b)
Where U.S. Mail is used, the notice shall be mailed by both first class mail and by certified mail, return receipt request. It shall not be a defense that the licensee has refused to accept delivery of such mail. Said mail shall be made to the business office address provided by the licensee in its application. A licensee shall have a duty to notify the Borough of any change in mailing address.
(3)
Where the Borough Manager, in his or her sole judgment, believes that such complaint has sufficient merit and gravity so as to require immediate action, he shall for such good cause have the right to immediately suspend the licensee's privileges for the remainder of said licensee's current rotation. In such instance, the Borough Manager must cause to have such notice of immediate suspension hand-delivered to the licensee, with a copy to the Police Department.
(4)
The notices referred to shall specify the date when the final sanction shall become effective, unless the licensee shall appeal the determination within the time and manner provided for such appeal pursuant to the provisions herein. Failure of the licensee to timely appeal per these provisions shall render the determination of the Borough Manager as final.
C.
Right to appeal.
(1)
A licensee who has received a notice of immediate and/or proposed suspension, revocation or permanent disqualification from the Borough Manager shall have the right to appeal the determination of the Borough Manager to the Mayor and Council.
(2)
In order to appeal such determination, the aggrieved licensee must file a written notice of appeal to the Mayor and Council by certified mail, return receipt requested, or by hand delivery to the Borough Clerk within 10 days of the date of the initial suspension, inclusive of weekends and holidays. The notice of appeal shall specify whether the appeal is as to the merits of the complaint or the final proposed sanction, or both.
(3)
Upon receipt of a timely notice of appeal, a hearing before the Mayor and Council shall be held not later than 10 days after the receipt of the notice of appeal. The Mayor and Council shall set the time and place of the hearing of such appeal, and the licensee shall be given written notice of same.
(4)
The hearing may be adjourned by the Mayor and Council by consent of both parties or, in the absence of consent, for good cause. The licensee shall have the right to be heard at the hearing, with or without counsel. Following the hearing, the Mayor and Council shall render its final decision.
D.
Reinstatement. Upon the expiration of any suspension period, the licensee shall be returned to the towers list in the last position of the then-current rotational list. A licensed tower whose towing privileges have been revoked pursuant to the provisions of this chapter shall be ineligible to apply for a license for a period of three years following such revocation. Upon a determination by the Mayor and Council that a licensee's license is revoked, the licensee shall surrender the license to the Borough Clerk within two calendar days, failing which the Mayor and Council shall have the right to impose further penalties, including permanent disqualification of the licensee from the official towers list.
E.
Nothing herein contained is intended to nor shall it prevent or otherwise 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.
A.
Nontransferability. All licenses and permits granted pursuant to this chapter shall not be transferable or assignable under any circumstances. Any attempt to assign, sell or in any manner transfer such a license or permit shall be a violation of this chapter and shall be sufficient cause to revoke the license granted.
B.
Performance by designated tower. Except as otherwise stated herein, no licensee shall be permitted to have towing services sublet or assigned to another. All services to be performed under this chapter shall be performed by the licensed tower called upon pursuant to the rotational list referred to herein.
C.
Exception for special circumstances. However, where by reason of the severity or magnitude of an incident requiring towing services the required services cannot be handled by the designated tower, because of the number of vehicles involved, or by the minimum equipment each licensee is required to have, then the Police Department shall call in additional tower(s) licensed under this chapter to assist in the required services. If the Police Department is unable to secure sufficient additional equipment and/or manpower from licensed towers, then the Police Department may call in additional unlicensed tower or towers for such extraordinary or specialized services. All additional towers must agree to adhere to the terms and fees contained in this chapter.
D.
Inability to perform services. All licensed towers are required to have the minimum required equipment available as set forth herein.
(1)
In the event, for any reason, a licensed tower does not have same available, such tower shall immediately notify the Police Department, which shall then, in the event of a need for services, summon the next licensed tower on the list. Such other licensed tower shall continue to be summoned until such time as the tower notifies the Police Department that said equipment is available.
(2)
Upon the unavailable tower's resumption of required equipment, notice shall be given to the Police Department who shall return the said tower to the rotational list, in the same position, for the next cycle.
(3)
If the said tower fails to have the necessary equipment by the next cycle, the said tower shall be removed from the rotational list and his position shall be open to other applicants. A licensed tower who fails to have the minimum equipment required herein for two cycles shall not be permitted to perform towing under this chapter unless approved by the Mayor and Council after review of a new application in full. Such inability, however, shall be sufficient ground for the Mayor and Council to reject any such reapplication.
E.
Reduced-rate vehicles. Each licensee, when called upon to tow any disabled Borough-owned vehicle, a vehicle subject to police investigation being towed at the direction of the Lodi Police Department or a vehicle owned by the Lodi Volunteer Ambulance Rescue Squad ("LVARS"), shall provide such services to the Borough or the LVARS at a rate of 50% of the rates permitted herein. Towers shall also be required to perform road service to Borough- and LVARS-owned vehicles at such fifty-percent rate.
F.
Impounded vehicles. Where a vehicle is impounded and required to be maintained as evidence [see § 526-2C(8)], the tower shall be entitled to a storage charge of $10 per day, with a maximum fee of $250. There shall be no additional fee for any additional length of time said vehicle is required to be stored.
A.
Every driver of a towing vehicle must have the appropriate driver's license which is required by the State of New Jersey for the vehicle which he is operating, including a commercial driver's license (CDL), if applicable.
B.
In the event a licensee shall request an additional driver to be added to the list, the new driver shall submit all of the applicable material to the Borough to obtain such approval, including fingerprinting and consent, and shall pay an application fee to the Borough pursuant to § 526-9 of this chapter. The Borough Clerk shall not accept the application in the, absence of the application fee. Under no circumstances shall a licensee permit a person to operate the licensee's towing vehicle unless and until such operator has been approved by the municipality pursuant to the terms herein. It is the intention of this provision that only persons who satisfactorily pass the criminal background history and driver's license history and who possess the appropriate license required by the State of New Jersey for the vehicle to be operated shall be authorized to perform any municipal towing services in the Borough of Lodi pursuant to this chapter.
A.
Rates to be charged. No licensee or tow truck operator licensed under this chapter or otherwise providing police towing services to the Borough of Lodi may charge rates in excess of the fees contained in Schedule A of this chapter.[1]
[1]
Editor's Note: Schedule A, Rate Schedule, is included at the end of this chapter.
B.
Disclosure of schedule of fees. All licensed towers shall post, in a prominent place at each storage area, clearly visible to the public, the schedule of fees that may be charged for all services pursuant to the terms of this chapter. The schedule of fees shall also be provided to the vehicle's owner or operator at the incident scene. Copies of this chapter and the schedule of fees shall be available to the public during normal business hours at the office of the Borough Clerk.
C.
Itemized bill required. The owner or person in charge of a towed vehicle shall receive an itemized bill for services performed, including storage charges, if any. Such bill shall have printed thereon the name of the licensee and the license number, which shall be preprinted and uniform on all bills. A copy of all such invoices shall be filed with the Borough within 24 hours of presentment to the vehicle owner.
A.
Application fee. There shall be an application fee submitted with each application. The purpose of this fee is to offset the expenses of investigation and verification. The application fee shall be as set forth in Chapter 235, Article IV, Fee Schedule, for an application to become an official police tower.
D.
All fees payable pursuant to this chapter shall be nonrefundable, irrespective of any suspension, revocation or cessation of business.
A.
Each licensee, at the time the license is issued and during the term of such license, must maintain the following insurance:
(1)
Comprehensive general liability insurance with limits of liability of not less than $1,000,000 combined single limits (bodily injury and property damage) per occurrence. Each policy shall contain a specific endorsement for damage to vehicles in tow.
(2)
Automobile liability insurance with limits of not less than $500,000 per occurrence and $1,000,000 total liability coverage and property damage coverage of $100,000, with a deductible not to exceed $1,000, covering each and every vehicle used for towing services under this chapter.
(3)
Worker's compensation insurance in amounts required pursuant to New Jersey law, covering each employee of the licensed tower.
(4)
A garage keeper's liability policy covering fire, theft, explosion and other hazards in a minimum amount of $500,000, with a deductible not to exceed $1,000.
(5)
Excess umbrella insurance coverage in an amount of not less than $1,000,000, providing protection beyond the $300,000 referred to above.
B.
Each liability policy shall name the Borough of Lodi as an additional insured. Each licensee shall provide the Borough with appropriate proof of the existence and continuous maintenance of such insurance. Such policies shall protect the Borough of Lodi, its agents and employees against any loss or claim of any nature or character whatsoever arising out of or related to the services to be performed herein.
C.
Each approved licensee shall submit annually to the Borough appropriate certificates of insurance, in form satisfactory to the Borough, confirming the coverage as herein required. Each such certificate of insurance and the policy it evidences shall contain a provision that prevents cancellation in the absence of 30 days' advance written notice to the Borough of Lodi. These certificates must be provided prior to the commencement of any services by the licensed tower. Failure to maintain such insurance shall be grounds for immediate disqualification.
D.
Each licensee, irrespective of the existence or nonexistence of any required insurance, by acceptance of such license or performance of services hereunder does agree to indemnify and hold harmless the Borough of Lodi, its servants, agents and employees from and against any and all claims of any nature whatsoever arising out of or relating to the services performed or to be performed hereunder.
A.
Responsible party. The Borough Manager or his designee shall be charged with the responsibility of administering the provisions of this chapter. The Manager, in consultation with the Police Chief, shall be entitled to adopt and enforce reasonable rules and regulations which are designed and intended to properly implement the policies of this chapter.
B.
Response to a scene. The purpose and intent of this chapter is to provide the Borough with a nondiscriminatory and nonexclusionary system of assuring prompt and qualified towing services within the Borough. Therefore, no individual owner or operator of a tow truck shall respond to the scene of an accident except:
(1)
Upon being summoned by the Police Department; or
(2)
Upon specific request of the owner of a vehicle to be towed, provided that such selection, in the opinion of the police, will not unnecessarily delay the removal of the vehicle and that the location of same does not pose a threat to the safety of the public.
C.
Rotation list. The Borough Manager shall establish a system of rotation in the assignment of licensed towers. The system of rotation shall be applied in a nondiscriminatory and nonexclusionary fashion among towers licensed herein. Each rotation shall last for a period of two weeks (14 days). Each towing period shall begin on a Monday at noon.
(1)
The rotational list shall continue from one calendar year to another. Licensed towers who submit a timely complete application for a new license to be effective upon the expiration of such tower's existing license, upon approval of same by the Mayor and Council, shall retain their position on the rotational list.
(2)
New licensees who become an official police tower shall assume the place on the rotation list of the tower no longer having a license. Where more than one new licensee becomes eligible, then such new towers shall take their place on the list in the same order their respective applications were received.
(3)
Towers shall be summoned by the Lodi Police Department in order as their name appears on the rotation list. Where additional towers or equipment is required pursuant to § 526-6D, such additional towers shall be summoned in order as their names appear on the rotation list.
(4)
Except upon being summoned by the owner or person in charge of a disabled vehicle, no tower shall respond to the scene of the disabled vehicle except in response to a Lodi Police request.
D.
Books and records. Each official tower shall keep and maintain adequate, accurate and complete records showing all vehicles towed, stored and released, all services rendered and all fees charged and collected.
(1)
All such records shall be available for inspection by any Borough agency at any time during normal business hours. This right of inspection shall exist during and subsequent to the expiration of the licensed tower's license or licenses.
(2)
Such records shall be kept and maintained by the licensed tower at its business office and shall be retained for a period of three years from the date of the last entry of services performed pursuant to this chapter.
(3)
Such records may be written, printed or computerized, so long as the requirements of this subsection are met.
(4)
Failure to maintain such records or permit inspection upon request of the Borough shall be sufficient cause to suspend or revoke the licensee's privileges.
E.
Reports.
(1)
Within 24 hours after a licensee is requested to render service by the Borough, the licensee shall file a report with the Police Department setting forth the following information:
(a)
The make, license number and VIN of the vehicle.
(b)
If the vehicle was towed, the date, time and place from which it was towed and the place to which it was towed.
(c)
If the vehicle was stored, the place where it was stored.
(d)
A report of any other services performed at the scene.
(e)
A copy of the bill rendered. If the vehicle is still in the tower's possession, then a proposed bill, listing all charges except storage, shall be provided. Administrative charges collected by the licensee on behalf of the Borough shall be separately stated.
(f)
All other necessary and pertinent information requested by the Lodi Police Department.
(2)
By the first day of each month, each licensee shall fax to the Police Department a report indicating the number of Borough vehicles towed, the disposition of each non-Borough vehicle, and the number of vehicles presently being stored by the tower, or any additional information required by the Borough for the reporting period. The report shall be provided in a format to be prescribed by the Borough. The licensee shall also provide the Borough with the administrative charges due for all vehicles towed during the period, whether or not the tower has received payment for the vehicle.
F.
Employee conduct. Each licensed tower shall be responsible for the conduct of its employees. Towing services shall at all times be provided in a courteous and responsible manner.
G.
Inspections. The Borough reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all licensed towers and to verify by inquiry or investigation, including access to all criminal identification and driving records of the licensee, its principals, officers and authorized drivers.
A.
Any person, firm, corporation who shall be guilty of a violation of any provision of this chapter shall, upon conviction, be liable to:
(1)
In the case of a first offense, a fine of not more than $250 and suspension of privileges under this chapter for up to 30 days, or both.
(2)
In the case of a second offense occurring within five years of the first, a fine of not more than $500 and a suspension of privileges under this chapter of up to 60 days, or both.
(3)
In the case of a third offense occurring within five years of the first offense, a fine of not more than $1,000 and the permanent revocation and forfeiture of the license.
B.
Violations under this chapter may be enforced by the Police Department. Violations regarding storage areas or business offices may also be enforced by the Zoning Department.
C.
By operation of this chapter, power and authority to enforce any provision contained hereunder is conferred to the Municipal Court.
A.
Independent contractor status. The relationship between the licensed 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 of any party be construed to be an employee or agent of the other party. Inclusion in the licensed towers list shall not be construed or considered as a joint venture, partnership, association, contract of employment or profit-sharing agreement between the parties.
B.
Compensation of licensee. The Borough shall not be liable or responsible for compensating the licensed tower for any of the services performed under this chapter, except where the licensee performs compensable services for the Borough, as outlined herein. Compensation shall be the responsibility of the owner or person in charge of the towed motor vehicle, and any claim for compensation shall be made by the tower directly against such party.
C.
Application for license deemed consent. Submission of an application by an applicant shall constitute the applicant's consent and agreement to comply, at all times, with the terms and the provisions of this chapter,
D.
Abandoned vehicles.
(1)
If such vehicle is unclaimed by the owner or other person having legal right thereto for a period of 20 days or such other statutory time as set forth under New Jersey law, the licensed tower shall notify the Police Department in writing that the vehicle has been held for the required statutory time and is ready for sale. Within 30 days of such notification, the Police Department shall complete and file a Report of Possession of Abandoned Vehicle by Public Agency, or an equivalent form, with the New Jersey Motor Vehicle Commission. When the vehicle is thereupon sold pursuant to N.J.S.A. 39:10A-1 et seq., the proceeds thereof shall be applied in the following order:
(2)
Should the licensed tower not make the required notification to the Police Department on the 21st day of storage, no additional storage charges will be permitted from the 21st day until such time as the proper notification is made. Where the 21st day falls on a Saturday, Sunday or a legal holiday of the Borough of Lodi, such notification shall be made on the first business day falling after said 21st day.
