[HISTORY: Adopted by the Mayor and Council of the Borough
of Stanhope 11-6-2008 by Ord. No. 2008-13. Amendments noted
where applicable.]
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:
The Chief of the Stanhope Borough Police Department or his
designee.
Towing operators engaged in the removal and storage of passenger
cars, vans, minivans, motorcycles, pickup trucks and similar motor
vehicles.
Towing operators engaged in the removal and storage of buses,
tractor trailers and like motor vehicles not covered under Class A.
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.
All persons and business entities engaged in the towing of
motor vehicles whether Class A or Class B towing operators as herein
defined.
A.
The Police Department of the Borough of Stanhope is hereby authorized
to compile a list of towing operators for inclusion upon a structured
rotation list to be notified to assist disabled motor vehicles within
the Borough of Stanhope and which disablement calls for assistance
by or through the Stanhope Borough Police Department, or to impound
any motor vehicles within the Borough of Stanhope as required by the
Police Department. The Police Department is further authorized to
amend and supplement the rotation list from time to time.
B.
The rotation list will be for one full year from January 1 to December
31 or a three-hundred-sixty-five-day calendar year set forth by the
Chief of Police or his designee.
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.
A.
A towing operator shall immediately dispatch tow motor vehicles when
requested by the police dispatcher to respond to emergency situations.
The towing operator shall respond promptly to the scene. Upon normal
driving conditions during the day, the response time should be 20
minutes, and 30 minutes during nighttime hours. Day and nighttime
are determined as follows:
B.
A towing operator shall not permit a motor vehicle to be removed
from its storage facility without proper authorization.
C.
A towing operator's driver shall request such police assistance
during the course of service as safe towing practice necessitates.
D.
A towing operator shall be available at or through a telephone number
24 hours per day while on call.
E.
A towing operator shall advise the desk officer if the towing operator is unable to respond in the times stated in Subsection A above, and the reason therefor.
F.
A towing operator shall check with emergency personnel and police
officer before taking any action to tow.
G.
A towing operator shall assist emergency personnel as needed in extrication
of injured occupants via winching, stability, etc., at the direction
of emergency personnel or police officer.
H.
A towing operator shall remove glass and other debris from the accident
on the roadway and dispose of it properly in compliance with N.J.S.A.
39:4-56.8.
I.
A towing operator shall remove a motor vehicle from the scene to
a specified location when so designated by an investigating police
officer.
J.
A towing operator shall be available to release motor vehicles 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, excluding holidays. The towing operator
shall provide reasonable after-hours release of stored motor vehicles
without any additional charges for the release. No towing operator
shall release an impounded motor vehicle without authorization from
the Stanhope Borough Police Department. Authorization may be verbal
and conditions of release may be given at the time of tow.
K.
The towing operator shall, at his own expense, prepare a business
card stating the name of the towing company, address, phone number,
hours of normal business operation, to be distributed to vehicle owners
upon request.
L.
Fluid absorption material shall be maintained on each towing vehicle,
which the owner of the towed motor vehicle may be charged for.
M.
Tow motor vehicles shall be kept in a clean and neat appearance and
satisfy all equipment regulations as required by Chapter 3 of N.J.S.A.
Title 39.
N.
All towing operators placed upon the rotational service duty list
shall be utilized by the Police Department for the purposes of notifying
towing operators to assist disabled or impounded motor vehicles within
the Borough of Stanhope.
O.
All towing operators and their motor vehicles, facilities, and actions
shall maintain compliance with the "Predatory Towing Prevention Act,"
N.J.S.A. 56:13-7 et seq.
A.
Any towing company wishing to be placed on the rotation list shall
provide:
(1)
In writing to the Stanhope Police Department the following:
(a)
Name of the towing company and the name of the owner of the
towing company.
(b)
Primary business address.
(c)
Addresses of any locations where motor vehicles may be stored.
(d)
Phone numbers for both daytime and nighttime calls for service.
(e)
Whether the company is seeking to be placed on the Class A,
Class B, or both rotational lists.
(2)
A photocopy of the following:
(a)
Valid amber light permits for each tow vehicle.
(b)
Registration card for each tow vehicle.
(c)
Driver's license of any tow operator.
(d)
Driver's license for all employees operating tow vehicles.
(e)
Insurance card for each tow vehicle.
(f)
Marker receipt (N.J.S.A. 39:3-84.7 and/or N.J.S.A. 56:13-10)
showing approval for the Division of Consumer Affairs and the Motor
Vehicle Commission.
B.
Towing companies must have all information contained in this section
submitted prior to December 15 to be considered for the following
year's rotation list, or at least 15 days before the start of
any three-hundred-sixty-five-day period of time established by the
Police Department for the rotational list if a calendar year is not
utilized by the Police Department.
C.
An individual or entity seeking placement on the rotational service
duty list shall be required to receive the approval of the Chief of
Police.
D.
Tow companies, when approved, are not required to reapply annually
but instead will remain on the rotation list from year to year as
long as valid and current information as required by this section
are maintained on file with the Stanhope Police Department.
E.
Approved operators shall keep accurate books and records of all towing
and storage services provided hereunder for a period of seven years
from the date of such storage and towing services rendered. Approved
towers shall make these books and records available to the Borough
on request.
A.
The Chief of Police shall have the power to suspend a towing operator
from the rotational duty service list for a period up to 30 calendar
days for failure to comply with any section of this chapter. A subsequent
violation may result in the removal of a towing operator from the
rotational duty service list for a period of 12 months. A towing operator
may appeal the Chief's ruling of either a suspension or removal.
In such cases, an appeal may be filed with the Borough Administrator's
office within 10 business days of the Chief's decision. A hearing
may be held by the Stanhope Borough Administrator's office within
30 days of the appeal. The Stanhope Borough Administrator's office
shall render its determination within 20 business days following the
conclusion of the hearing. The Administrator's office determination
as rendered shall be final and conclusive under this chapter.
B.
In addition, failure to comply with the Borough's Zoning, Land Use and Property Maintenance Codes may subject any operator to suspension from the rotational service duty list upon request to the Chief of Police from the Borough's zoning, land use or property maintenance office. Any towing operator suspended for the violations of any of the Borough codes set forth above shall have the right to due process and appeal as set forth in Subsection A above.
C.
Service complaints, overcharging, theft of parts, damage to towed motor vehicles, discourteous treatment of motor vehicle owners, motor vehicle violations or complaints and the like shall be referred to the Police Department for investigation. Upon completion of the investigation, a written report by the investigating officer shall be forwarded to the Chief of Police. The Chief of Police shall have the power to suspend a towing operator for any violation of this subsection and the towing operator and shall have the right of due process as set forth in Subsection A above.
D.
High incident of accidents or persistent violators of either criminal
or motor vehicle laws may warrant the Chief of Police to determine
a driver or employee of a tow operator ineligible to operate a tow
vehicle under this chapter. A conviction for any crime will be ample
reason to disqualify any tow operator. Any changes to the tower's
employment list that will affect the towing in Stanhope Borough must
be reported immediately to the Chief's office.
A.
Towing contractors shall be required to purchase, maintain, and provide,
during the time of service on the rotary list, proof of insurance
furnished by a reputable insurance company licensed to do business
in the State of New Jersey, containing the following coverages with
liability limits as set forth below:
(1)
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; product liability (where applicable); independent contractor
and completed operation coverage.
(2)
Garage keepers' legal liability insurance policy in an amount
not less than $100,000. Said policy must include both comprehensive
and collision, and an endorsement to include "on hook."
(3)
Motor vehicle liability insurance coverage for the death of, or injury
to, persons and damage for each accident or occurrence for all Class
A towing operators in the amount of at least $750,000 single limit
and in the case of all Class B towing operators in the amount of at
least $1,000,000 single limit.
(4)
Workers' compensation insurance as required by law, including,
but not limited to statutory New Jersey workers' compensation
benefits, and employer's liability of at least $100,000.
(5)
Excess/umbrella liability. In the event that garage liability and/or
automobile liability cannot be purchased up to the required limit,
an excess liability or umbrella liability policy must be purchased
to effect a total liability limit of $1,000,000. Excess or umbrella
liability policies will not be required for garage and automobile
policies that meet or exceed the minimum limit of $1,000,000.
B.
The garage liability and automobile liability policies shall name
the Borough of Stanhope as additional insured and certificate holder.
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.
A.
Itemization. All bills will be itemized and will be available for
inspection upon any complaint or investigation. A copy of the itemized
bill will be given to all motorists whose motor vehicle is towed.
B.
The rates specified in § 128-11 represent the maximum rates allowable. It shall be unlawful for any towing operator to charge a rate in excess of the rates prescribed. Rates will be evaluated upon request to the Stanhope Mayor and Council and will be changed as current economic conditions dictate.
C.
Any other specialized equipment needed will be charged at the prevailing
rates.
[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[1] and shall be maintained, as amended, by the Chief of Police,
or his designee, and towing companies operating within the Borough
of Stanhope.
[1]
Editor's Note: Said list is on file in the Borough offices.
