[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.
[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:
(1) Inspection of tow trucks operating under this chapter;
(2) Examination, investigation and recommendation of approval or rejection
of application's tow trucks requesting to operate under this chapter;
(3) Enforcement of the provisions of this chapter.
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.
[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.
[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.
(2) Both the vendor and the Rahway Police Department shall notify the
owner and lien holder by regular and certified mail of the following:
(a)
Cost imposed for towing and storage of the vehicle.
(b)
Provide instructions for recovering the vehicle.
(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.