[HISTORY: Adopted by the City Council of
the City of Rahway 7-9-1984 by Ord. No. A-12-84 as Ch. 182 of the
1984 Code; amended in its entirety 2-9-2009 by Ord. No. O-2-09. Subsequent amendments
noted where applicable.]
A.
Word usage. When not inconsistent with the context, words used in
the present tense include the future; words in the plural number include
the singular number; and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
B.
BUSINESS ADMINISTRATOR
CHIEF LAW ENFORCEMENT OFFICER (CLEO)
COMMUNICATIONS PERSONNEL
DIRECTOR
GARAGE KEEPER'S LEGAL LIABILITY
GROSS VEHICLE WEIGHT
HEAVY-DUTY
LIGHT-MEDIUM DUTY
PERSONS
POLICE OFFICER
TOWING AGENCY
TOW TRUCK or WRECKER
WAITING TIME
Terms defined. For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meaning given
herein:
The Business Administrator of the City of Rahway, or his/her
designee.
The Chief Law Enforcement Officer (CLEO) of the City of Rahway
Police Department, or his/her designee.
[Amended 4-10-2023 by Ord. No. O-14-23]
Any on-duty 9-1-1 Telecommunicator/Dispatcher of the Rahway
Police Department.
Director of the City of Rahway Police Department or his/her
designee.
[Added 4-10-2023 by Ord. No. O-14-23]
The protection of customers' vehicles and property under
various conditions pertaining to specific garage functions.
The registered weight, the manufacturer's gross vehicle weight
rating, or the actual weight, whichever is greatest.
A gross weight of 15,000 pounds or more.
A gross weight of less than 15,000 pounds
Includes a firm, copartnership, association, corporation,
or individual.
Any sworn officer of the Rahway Police Department.
Any person or entity owning or operating a tow truck service
for compensation.
A motor vehicle equipped with a boom or booms, winches, slings,
tilt beds or similar equipment designed for the towing or recovery
of vehicles and other objects.
The additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to EMS services which
must be performed and/or police investigations.
A.
No towing agency or person, while acting as an official towing agency
for the City of Rahway shall operate a tow truck upon or along any
property in the City of Rahway, until the owner has obtained the necessary
licenses as provided hereinafter from the City Clerk and approved
by the Chief of Police.
B.
Nothing in this section or other sections of this chapter shall be
construed to require the licensing of any tow truck to perform any
services other than those governed by this chapter.
C.
All tow truck licenses shall be issued by the City Clerk and shall
expire June 30, next succeeding the date of issuance unless it is
sooner suspended or revoked by the Municipal Council, Business Administrator
or Chief of Police.
D.
The license shall be nontransferable.
E.
An annual application fee of $300 payable to the City of Rahway shall
accompany an application for a wrecker license and be submitted no
later than May 1. Said fee is not refundable in the event that an
inspection of the vehicle or facility is performed and no license
is issued because of failure to comply with any of the requirements
of this chapter or of any regulations set up under this chapter by
the Police Department of the City of Rahway.
F.
The fee for each tow truck permit shall be $500 per year for light
duty and $950 per year for both heavy duty and light duty. Additional
tow trucks used by the applicant under the wrecker license shall be
permitted at a fee of $100 per year for each additional tow truck.
A.
Applications for tow truck licenses shall be filed with the CLEO
not later than May 1 of the pre-licensure year.
[Amended 4-10-2023 by Ord. No. O-14-23]
B.
Applications for licenses for tow trucks shall be made by the owner,
lessee or bailee thereof, upon forms to be furnished by the CLEO,
and such application shall contain the name, business address, and
telephone number of the applicant. The application shall have affixed
thereto an affidavit to be sworn to by the applicant.
[Amended 4-10-2023 by Ord. No. O-14-23]
C.
Each application shall also contain the following information:
(1)
The year, make, type and model number of each tow truck used in said
business, its vehicle identification number (VIN), New Jersey registration
number (license plate) and the name and address of the registered
owner and operator.
(2)
The address(es) where the tow truck(s) is/are regularly garaged.
(3)
The names, addresses and New Jersey driver license numbers of all
employee drivers of the vehicles identified.
(4)
Any and all convictions which the owner, agent or any employee-driver
thereof has been convicted and, if the corporation, or any officer
thereof has been convicted, stating the name, if any, and location
of the courts and the dates on which such convictions were had and
the penalties imposed therefor.
(5)
Any and all successful civil complaints filed against the owner,
agent thereof, the corporation, or any officer thereof for deceptive
business practices, including but not limited to insurance fraud,
price gouging, or other similar complaint or offense. This shall not
be construed to be limited to substantiated complaints with regards
to towing services.
(6)
A release authorization for the Rahway Police Department to conduct
a full and complete criminal background check, including fingerprints
at the applicant's expense, on each owner, agent thereof, and employee-driver.
The owner(s) and the corporation shall also include an authorization
for the Rahway Police Department to an investigation into the insurance
coverage for the corporation, as it applies to this license. Each
person must execute his/her own release authorization.
(7)
All owners, agents thereof, and employees, who will be operating
a tow truck must supply a certified driver's abstract, at the applicant's
expense.
(8)
The experience of the owner, the employee-drivers, and the corporation
in the towing of vehicles for hire; including all relevant employment
history.
(9)
The location, size and security features of the storage lot or space
in which towed vehicles will be stored, including the number of vehicle
spaces available.
(10)
The name and address of the operator's insurance carrier(s)
and the policy numbers of all insurance policies issued for the business,
the business premises and the vehicles identified in the application.
(11)
A certification signed by the owner (or agent thereof) that
a document detailing the towing and storage services and fees supplied
under this license will be posted in the public area of the towing
agency's premises in plain view for the duration of this license,
in compliance with this chapter.
(12)
A certification granting permission to the CLEO to conduct inspections
of the tow trucks and towing agency for the purpose of determining
compliance with this chapter.
[Amended 4-10-2023 by Ord. No. O-14-23]
(13)
Any other information as the Rahway Police Department shall
deem appropriate and necessary to properly evaluate the towing agency
for this license.
(14)
The applicant states he has available space for properly accommodating
all towed vehicles and that said vehicles would not be stored or allowed
to remain on public property or City streets.
(15)
The applicant's property is in compliance with Chapter 421, Zoning, and the space is located in an I-H Zone. The property also must have successfully passed a Fire/Building Department's inspection. Applicants that have a location out of town must provide proof of compliance with their local zoning codes, as well as any required fire/building inspections.
(16)
At a minimum, the licensee shall accept two major credit cards
from motorists for services rendered.
(17)
No
tow company shall be directly involved with another tow company that
is on the same tow list. Examples of direct involvement include the
sharing of business licenses, tow trucks or equipment, storage space
and employees.
[Added 4-10-2023 by Ord. No. O-14-23]
[Amended 4-10-2023 by Ord. No. O-14-23]
A.
The CLEO shall conduct or cause to be conducted such investigation
as he/she deems necessary to determine the truth and accuracy of the
information contained in the application, and the applicant's compliance
with this chapter. This investigation shall include a complete criminal
background check on each owner, agent thereof, and employee-driver,
as well as a certified abstract supplied by the applicant(s). At the
discretion of the CLEO, applicants and or their employee-drivers shall
be required to submit fingerprints to complete the background investigation(s).
Any fees relating to the background checks shall be borne by the applicant.
No application shall be approved, nor shall any license be issued,
unless the CLEO or his designee determines:
(1)
The applicant possesses a valid New Jersey driver's license.
(2)
All applicants and/or agents must submit to a criminal history check
in compliance with the NJSP Criminal Information Unit, State Bureau
of Identification (SBI form 212B). The applicant or agent shall not
have received a criminal conviction within the last seven years for
any indictable offense or any offense involving stolen or embezzled
vehicles, fraud relating to the towing business, stolen property,
or any other offense of similar nature that would reflect negatively
on the City of Rahway.
(3)
The applicant must be of good character, willing and able to provide
services required in accordance with the provisions of this chapter.
(4)
The applicant must also have a history of being trustworthy, honest
and reliable.
B.
Upon completion of the background checks, the CLEO shall render a
decision on the applicant and classify the wrecker as either "light
duty" or "heavy duty."
(1)
Upon approval, the applicant shall supply the CLEO with the insurance
polices or certificates as required herein.
(2)
A decision to grant the license shall be forwarded, in writing, to
the City Clerk for license issuance.
(3)
Decal/placards will be issued to each tow vehicle inspected and shall
be displayed on the vehicle.
A.
Tow trucks shall be equipped and of sufficient size, weight and configuration
to safely tow all makes of domestic and foreign automobiles, light
duty trucks and vans.
B.
Tow trucks shall be equipped with sufficient emergency warning lights.
C.
The name, address and telephone number of the operator shall be permanently
affixed to the left and right sides of each tow truck.
D.
All tow operators and their drivers shall be fully trained and knowledgeable
on the operation of all equipment necessary to perform all facets
of the safe and efficient removal of all types of vehicles including
commercial vehicles.
E.
A minimum of one five-pound CO2 dry powder
fire extinguisher.
F.
One reflective traffic safety vest for each employee at an incident
location.
G.
A minimum of one broom, one shovel and one debris / refuse container.
H.
A wireless telephone for communication with on-duty 9-1-1 Telecommunicator/Dispatcher
of the Rahway Police Department.
I.
Applicants applying for a heavy-duty tow license are required to
own or lease sufficient towing, recovery and miscellaneous equipment
necessary for the safe, expeditious and efficient removal of vehicles
from the roadway. Equipment must be in excellent operating condition
and well maintained, both mechanically and aesthetically. The requirement
for the removal of disabled vehicles applies to those vehicles in
any condition and includes the contents they are carrying, such as
cargo, etc.
J.
The method
of towing, transporting, or recovering a vehicle pursuant to this
agreement shall be performed consistent with the applicable manufacturer's
ratings, including but not limited to the following:
[Added 4-10-2023 by Ord. No. O-14-23]
K.
The vendor
shall represent that its trucks and equipment are safe, properly equipped,
sound mechanically, and suitable for intended use (N.J.S.A. 39:3-1
et seq. and 49 CFR 393). The vendor may be subject to an annual Level
I or V inspection by a trained and certified member of the Rahway
Police Department.
[Added 4-10-2023 by Ord. No. O-14-23]
A.
Each towing agency shall maintain, during the term of their license,
the following minimum insurance coverage, naming the City of Rahway,
its employees and agents as additional insured:
(1)
Automobile liability insurance, in an amount not less than $1,000,000
combined single limit, covering each vehicle utilized by the operator
in his business.
(2)
Workmen's Compensation Insurance, as required by the State of New
Jersey, including employer's liability coverage with a limit of at
least $100,000.
(3)
Comprehensive, general liability insurance, in an amount of not less
than $1,000,000 for personal injuries, per occurrence, and $1,000,000
for property damage, per occurrence, including premises operations
and products/completed operations.
(4)
Garage keepers and garage liability insurance, in an amount not less
than $100,000.
(5)
All policies of insurance shall contain an endorsement providing
for collision coverage for vehicles in tow.
B.
All policies of insurance shall contain an endorsement requiring
that at least 15 days' notice shall be given to the City Clerk in
the event of any material change in or cancellation of the policy.
C.
The operator shall indemnify and hold harmless the City of Rahway
from any claims for injury or property damage arising out of, or in
any way related to, the operation of any tow truck, towing service
or storage yard, pursuant to this chapter. The towing agency shall
further defend the City of Rahway at the operator's expense, in connection
with any claim, suit or action, brought against the City of Rahway,
and arising out of the operation of any tow truck, towing service
or towing yard, pursuant to this chapter.
D.
All policies of insurance shall be issued by insurance companies
authorized to do business in the State of New Jersey, and shall remain
in full force and effect during the entire term of the license. The
City of Rahway shall be named as additional insured on all policies
of liability insurance.
E.
No license shall be issued until an approved applicant files insurance
certificates verifying all of the above requirements. The insurance
certificates shall be filed with the City Clerk.
F.
Any licensee who has a lapse in any insurance policy, for any reason
whatsoever, shall have his/her license immediately suspended. Upon
notice of lapse of coverage, the City Clerk shall immediately notify
the CLEO who will serve notice of suspension upon the licensee, with
copy of said notice provided to the Business Administrator. The suspension
shall remain in effect until such time as the insurance is restored.
[Amended 4-10-2023 by Ord. No. O-14-23]
A.
The towing agency shall, at all times, employ a sufficient number
of employees to comply with the minimum operational requirements.
B.
All drivers of the operator shall be not less then the age of 18
years and must have a valid, current New Jersey State driver's license
and shall be in good health and of high moral character. Operators
also must maintain certifications that may be required by law.
C.
All employees shall be clean, neat, and make a good appearance.
D.
The towing agency shall be responsible for the towing of vehicles,
from all streets, alleys, public easements, thoroughfares, public,
quasi-public places, and private property, including parks, playgrounds,
including rivers, lakes and streams, anywhere within the City of Rahway.
E.
The operator shall be responsible to clean up all broken glass and
debris at the scene of accidents and remove it from the scene. All
vehicles must be equipped with a broom, speedy dry, a shovel and a
container to remove debris. Cleanup is required in accordance with
N.J.S.A. 39:4-56.8.
F.
The towing agency is not required to remove any debris or material,
which may be hazardous, or debris material that the service is not
equipped to remove. When the towing agency is equipped to remove such
debris, it shall dispose of said debris in full accordance with all
applicable state and federal statutes.
G.
If the vehicle is not released within five days of the tow, the towing
agency shall telephone and send written notification of the towing
and storage charges and information on how to obtain release of the
vehicle to the registered owner. This written notification shall be
sent by certified mail with return receipt requested. A copy of the
notice shall be sent via regular mail to the Rahway Police Department
Traffic Bureau.
H.
Must ensure that all its authorized agents agree to follow the instructions
and/or order of the police officer at the towing scene.
I.
Vendors
shall be familiar with the rules and regulations of the Predatory
Towing Prevention Act (N.J.S.A. 56:13-1, et seq., www.njconsumeraffairs.gov/Statutes/PredatoryTowing-Prevention-Act.pdf)
and be aware that any violations of these requirements shall result
in an immediate suspension from the towing list.
[Added 4-10-2023 by Ord. No. O-14-23]
J.
Vendors
with multiple locations must meet minimum equipment/facility requirements
at each location and must submit a separate application for each.
[Added 4-10-2023 by Ord. No. O-14-23]
[Amended 4-10-2023 by Ord. No. O-14-23]
A.
General jurisdiction and responsibility shall be the CLEO. The CLEO
shall have jurisdiction and responsibility of:
B.
If at any time, the CLEO shall deem the equipment inadequate or unsafe,
he shall have the power to demand immediate correction, and, if not
corrected to the full satisfaction of the CLEO, he shall then have
the power to revoke or suspend the license as in the case he may deem
fit and proper, after a hearing is had upon the nature and circumstances
of the violation.
C.
The CLEO is also hereby authorized and empowered to establish, from
time to time, such additional rules and regulations not inconsistent
herewith as may be necessary and reasonable, governing the issuance
of any license provided for in this chapter.
D.
The CLEO and/or his or her designee, shall have the discretion to
determine the maximum number of vendors (light, heavy and/or recovery)
needed for the City.
[Amended 4-10-2023 by Ord. No. O-14-23]
A.
The CLEO shall create a list of tow trucks performing towing services
for the City of Rahway.
B.
The CLEO shall create a list for specific towing needs such as heavy-duty
tow trucks.
C.
The CLEO shall create rotating towing lists to be utilized by the
communications personnel. Communications personnel shall use the appropriate
rotation list when a tow truck is requested under this chapter. Communications
personnel shall record each tow-by-tow number, date, time, location
and towing agency.
(1)
Exception to the rotation list shall only occur when the customer
specifically requests the use of his or her own towing service, and
this request shall not place an undue burden upon any roadway of the
City.
D.
The tow company on-call hours will be from 7:00 a.m. to 6:59 a.m.
the next day.
E.
Upon receiving notification from an operational dispatch center,
the vendor shall be allowed 15 minutes maximum response time from
the vendor's principal location and geographic area of response (response
time shall take into account environmental factors, traffic volume,
and any other circumstances as applicable). This requirement applies
to every day of the year.
F.
In the event that towing agency fails to arrive within the prescribed
time from receipt of a call from the Rahway Police Department, the
Rahway Police Department shall be permitted to secure the services
of an alternate towing agency on the list. In the event of said circumstance,
the first-called towing agency shall not be entitled to any fee for
its late response or costs and expenses incurred as a result thereof.
G.
Each towing agency must handle the removal of all abandoned and junk
vehicles as requested by the Rahway Police Department.
H.
All approved tow operators shall tow, change flat tires, jumpstart
and, if necessary, store for up to a maximum of five days municipally
owned motor vehicles at no charge.
[Amended 4-10-2023 by Ord. No. O-14-23]
A.
In the
event that an approved vendor needs additional resources, that vendor
can request assistance from another approved vendor on the authorized
Rahway Police tow list.
B.
The towing
agency shall not assign calls to other tow companies. Subcontracting
of any services under this chapter is prohibited except when extraordinary
circumstances require specialized and unique recovery and transport
services. In this case, the fees charged must be according to the
set fees established in this chapter. The towing agency shall require
the subcontractor to abide by all minimum operation standards and
requirements established in this chapter.
A.
Each towing agency shall maintain a recordkeeping system as required
by the City of Rahway and the laws of the State of New Jersey; at
a minimum, the recordkeeping system shall include:
(1)
The date and time of request for towing.
(2)
The date and time the vehicle was towed.
(3)
The address from where the vehicle was towed and address to where
the vehicle was towed.
(4)
The name of the towing operator performing service.
(5)
Complete dates of storage of said vehicle, and all charges assessed
to or paid by the owner of each vehicle.
(6)
The date of release of said vehicle, including by whose authorization,
and the name and address of the person obtaining said vehicle from
storage. The tow operator must not release any vehicle from a storage
facility unless a valid Rahway Police Department "Vehicle Report"
is submitted to the towing operator authorizing the release from storage.
(7)
Each licensee shall provide the Rahway Police Department's Traffic
Bureau with a list of all vehicles towed that remain unclaimed in
storage on the first and 15th day of every month.
(8)
The administrative fee of $50 collected by the tow operator for each
vehicle released is due by the 15th of the month for the prior month
collected. An invoice showing the tow numbers of all vehicles released
shall be forwarded along with a check to the Rahway Police Traffic
Bureau.
[Amended 4-10-2023 by Ord. No. O-14-23]
B.
Records shall be maintained for two calendar years.
C.
Each tow operator shall provide records showing all vehicles towed,
stored and released, all fees charged and collected, which records
must be forwarded to the Rahway Police Department Traffic Bureau on
a quarterly basis for examination and review. Any bill exceeding $500
must be forwarded to the Traffic Bureau within five business days.
D.
The towing operator must maintain an accurate inventory of all towed
vehicles stored in its storage facility. The Rahway Police Department
will periodically inspect and compare the impound storage list to
ensure accuracy.
E.
The towing operator must maintain a record of all property found
anywhere in a towed vehicle. The towing agency shall be responsible
for all vehicles and the contents thereof after receiving said vehicle
in its custody and control.
A.
All storage and garage facilities are to be used exclusively by the
licensee.
B.
Storage facilities may be located outside the City of Rahway but
must be in a bordering municipality as to not place an undue burden
for customer access.
C.
Each licensee shall have an inside building with secured storage
space sufficient to accommodate at least two vehicles for exclusive
use of the Police Department in connection to vehicles being held
as evidence or under investigation. A vehicle held for investigation
shall be held for a maximum period of five days without storage charges,.
D.
The tow operator will store vehicles seized by the Rahway Police
Department for up to one year with no storage costs.
E.
All storage areas must be secured by a fence, wall or other man-made
barrier. The facility is to be lighted at night.
F.
No unsecured storage of any kind will be permitted for storage of
vehicles towed for the City of Rahway with the exception of seized
vehicles. Seized vehicles must be covered, secured and an immobilizing
wheel boot placed on the vehicle.
A.
Prior to payment in full for all services rendered by the towing
agency, the towing agency shall permit a customer access to its towed
vehicle during business hours to retrieve important personal papers
and effects, including but not limited to wallets, purses, insurance
documents, identification and banking documents. Customers shall not
be permitted to remove vehicle parts, license plates, or other physical
property stored in or on the vehicle.
B.
The towing agency shall permit customer access for release for the
vehicle, at a minimum, from Monday through Saturday during the hours
of 8:00 a.m. to 5:00 p.m. There can be no storage charge for a vehicle
towed on a Friday or Saturday that cannot be released to the customer
due to the towing agency being closed on the following Sunday.
[Amended 4-10-2023 by Ord. No. O-14-23]
Licenses granted under this chapter may be revoked or suspended
at any time by the CLEO or the City Business Administrator, if a tow
truck or storage facility shall not be in a safe and sanitary condition
and kept in conformity with the terms of this chapter, or for the
violation of any of the provisions of this chapter or any of the rules
and regulations made by the CLEO. At the CLEO's discretion, he may
impose the following; first offense violators are subject to a thirty-day
suspension, second offense six-month suspension, and third offense
one-year suspension.
A.
The permitted fees for towing and storage in the City of Rahway are
hereby established, and there shall be no additional charges other
than those provided herein:
[Amended 3-9-2015 by Ord.
No. O-3-15; 4-10-2023 by Ord. No. O-14-23]
(1)
Tow rates, 24 hours a day/7 days a week:
|
Service
|
Rate
| |
|---|---|---|
|
Light duty: up to 10,000 lbs
|
Hook-up $150
| |
|
Medium duty: 10,001 lbs to 16,000 lbs
|
$300 per hour
| |
|
Heavy duty: 16,001 lbs and above
|
$500 per hour
| |
|
Decoupling fee (if tow is not performed)
|
Half of basic rate
|
(2)
Extra tow service rates:
|
Service
|
Rate
| |
|---|---|---|
|
Recovery/winching
| ||
|
Light/medium duty (10,001 lbs to 16,000 lbs)
|
$350 per hour charged in 1/2 hour increments of $175 per 1/2
hour
| |
|
Heavy duty (16,001 and above)
|
$650 per hour
| |
|
Recovery heavy-duty/hydraulic-type/wrecker/crane (Category III
only)
|
$350 per hour per truck/$85 per hour per extra man
| |
|
Recovery service truck w/special equipment (Category III only)
|
$250 per hour
| |
|
Additional equipment for recovery (Category III only) (forklift,
wheel load, all-terrain shooting)
|
$400 per hour
| |
|
Release brake chamber
|
$25 per brake
| |
|
Release air brakes
|
$40
| |
|
Drop drive shaft
|
$75
| |
|
Drop axle
|
$30 per axle
| |
|
Accident minor clean-up and disposal of debris
|
$75 per one hour minimum plus absorbent materials used
|
(3)
Storage fees per calendar day (inside rates two times outside rates):
|
Service
|
Rate
| ||
|---|---|---|---|
|
Cars/light trucks (10-foot-by-20-foot space)
|
$50 per day
| ||
|
Trucks (dual wheels)/single axle
|
$125 per day
| ||
|
Tractor/dump truck/tractor and trailer combo/trailers
|
$125 per unit per day
| ||
|
Buses
|
$150 per day
| ||
|
Roll-off
|
$125 per day for each
| ||
|
Cargo/accident debris/load storage vehicle components (10-foot-by-20-foot
space)
|
$50 per space use per day
| ||
|
Rental of any tow company supplied trailer post-incident
|
$500 per day
| ||
B.
A fee of $50 per vehicle shall be charged for the release of such vehicle from storage in accordance with § 389-11A(8).
[Amended 4-10-2023 by Ord. No. O-14-23]
C.
The towing operator must provide a current and complete rate schedule
to all customers and must conspicuously display the rate schedule.
D.
Mileage fees are not permitted. There shall be no differential in
charges between day, night services and/or holidays. Additionally,
no other fees or charges are permitted except as set forth above.
In the event of an extraordinary circumstance that would invoke undue
hardship to the towing operator, the Rahway Police Department Traffic
Bureau must be notified to obtain written approval before the imposition
of any assessment.
E.
There shall be no waiting fee charged.
F.
All fees for towing and or storage shall be paid for and collected
from the owner or other person responsible for the towed vehicle by
the tow operator. The City of Rahway shall not have any financial
responsibility for any such towed vehicles.
G.
No vehicle shall be released from impound without first obtaining
a signed "Vehicle Report" from the Police Department authorizing the
release.
[Amended 4-10-2023 by Ord. No. O-14-23]
H.
The following
shall apply to releases:
[Added 4-10-2023 by Ord. No. O-14-23]
(1)
Only time two valid drivers are needed is if the registered owner
is unlicensed is unlicensed or suspended.
(2)
There are several different violations that result in the impound
of a vehicle.
(3)
Vehicle owners may opt to have their vehicle towed to another location
from the impound site. In order to obtain a tow only release an owner
must adhere to the following:
(4)
Once the tow truck driver provides the proper information and the
registered owner provides identification, then the Rahway Police Department
will stamp the tow release form, tow only.
I.
Vehicles
towed pursuant to traffic offenses.
[Added 4-10-2023 by Ord. No. O-14-23]
(2)
Drivers charged with the above referenced traffic violations will
have to meet the following requirements for the release of their vehicle:
(a)
Registered owner must be present.
(b)
Valid vehicle insurance documents.
(c)
Valid vehicle registration.
(d)
Valid driver's license.
(e)
Those charged with driving while intoxicated (N.J.S.A. 39:4-50)
must wait 12 hours from the time of the arrest to obtain a vehicle
release.
(f)
Rahway Police Department may contact a vehicle's insurance
company to verify owner's coverage. Any person presenting false,
altered, or fraudulent, documentation shall be arrested and charged
with false representation pursuant to N.J.S.A. 2C:28-7.2.
[Amended 4-10-2023 by Ord. No. O-14-23]
Vendor must maintain individual written records for impounded
and abandoned towed vehicles. These records will indicate full vehicle
information, odometer reading, date and time towed and released. These
records will be forwarded monthly to the Rahway Police Department.
Impounded vehicles will not be released without written authorization
from the Rahway Police Department.
A.
Abandoned vehicles. Vehicles under this section shall be processed
for titles by the Rahway Police Department in accordance with N.J.S.A.
39:10A-1.
(1)
The Rahway Police Department shall be responsible for providing the
vendor with the name and address of the vehicle owner and lien holder
of all abandoned vehicles towed. This shall be provided within three
days of it being towed.
(3)
Failure by the vendor to provide the appropriate notification within
30 days of receiving the owner or lien holder information may limit
the storage fee to $750 as outlined in N.J.S.A. 39:10A-1.
B.
Unclaimed vehicles.
(1)
Impounded vehicles which remain unclaimed for 15 days after the owner
has been notified by the Rahway Police Department that it is authorized
for release will be processed by the Rahway Police Department as an
abandoned vehicle.
(2)
Vehicles towed as a result of a crash or any other vehicle towed
on behalf of the Rahway Police Department which remains unclaimed
for 30 days after being available for release, will be considered
abandoned on private property.
