The purpose of this chapter is to establish a list of towing
operators to provide towing and storage services for the Borough of
Stanhope on a rotating basis pursuant to the provisions of N.J.S.A.
40A:11-5(1)(u) and to further establish fees to be charged to the
vehicle owner for the towing and storage of the motor vehicle pursuant
to N.J.S.A. 40:48-2.49.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
CHIEF OF POLICE
The Chief of the Stanhope Borough Police Department or his
designee.
CLASS A TOWING OPERATORS
Towing operators engaged in the removal and storage of passenger
cars, vans, minivans, motorcycles, pickup trucks and similar motor
vehicles.
CLASS B TOWING OPERATORS
Towing operators engaged in the removal and storage of buses,
tractor trailers and like motor vehicles not covered under Class A.
MOTOR VEHICLE
Includes all motor vehicles propelled otherwise than by muscular
power, excepting such motor vehicles as run only upon rails or tracks
and motorized bicycles, motorized scooters, motorized wheelchairs
and motorized skateboards.
TOWING OPERATORS
All persons and business entities engaged in the towing of
motor vehicles whether Class A or Class B towing operators as herein
defined.
All towing operators shall be required to meet the following
minimum qualifications to be included on the rotation list:
A. Class A towing operators. All Class A towing operators to be included
on the rotation list must own or lease and have available at least
two tow trucks, minimum of one flatbed, in addition to other equipment
which is necessary to provide safe and efficient towing.
B. Class B towing operators. All Class B towing operators to be included
on the rotation list must own or lease a suitable heavy-duty truck
in addition to other equipment needed to provide safe and efficient
towing.
C. All towing motor vehicles shall be a minimum of 3/4 ton and shall
have dual wheels or equivalent and shall be maintained in safe working
order.
D. All towing motor vehicles shall have a three-hundred-sixty-degree
working amber light with applicable permit.
E. All towing motor vehicles shall have the name of the towing company,
town and state where the primary business is located listed on the
side of the vehicle in letters a minimum of four inches in size.
F. All towing motor vehicles shall be equipped with communication equipment
enabling them to maintain contact with their place of business.
G. All towing motor vehicles shall be equipped with brooms, shovels
and other sufficient equipment for the purpose of clearing debris
off the roadway.
H. All towing operators shall have a storage facility which can accommodate
a minimum of 10 medium-sized motor vehicles. The storage facility,
if outdoors, shall be lighted from dusk to dawn and fenced with a
minimum of a six-foot-high fence. This will be done to prevent a vehicle
from being removed by unauthorized means.
I. All towing motor vehicles shall be registered with the State of New
Jersey in compliance with N.J.S.A. 39:3-84.6 et seq.
J. All towing operators shall keep regular business hours at a minimum
from 8:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to
12:00 noon on Saturdays. The operator may close on Sundays and holidays.
K. All towing operators shall possess a valid New Jersey driver's
license.
By accepting tows under this chapter, the towing operator agrees
to hold harmless, indemnify and defend, at the towing operator's
expense, the Borough, its employees and officials from any and all
claims, demands, suits or actions for personal injury or property
damage brought against the Borough, its employees and officials for
any activities which arise out of any services performed under this
chapter.
[Amended 11-25-2019 by Ord. No. 2019-13]
The rates for all towing and towing-related services shall be
as set forth in the New Jersey State Police Schedule of Services approved
by the Attorney General and implemented by the New Jersey State Police,
as shall be amended. A current listing of rates is attached hereto and shall be maintained, as amended, by the Chief of Police,
or his designee, and towing companies operating within the Borough
of Stanhope.