Borough of Medford Lakes, NJ Vehicles, Towing and Storage of

Any vehicle which has been left on or along any highway or other public property or on private property without consent of the owner or person in charge of the private property for a period of more than 48 hours or for any period without current license plates.

BOROUGH

The Borough of Medford Lakes.

DISABLED VEHICLE

Any vehicle located on or along any public right-of-way, not in operation, and with no owner visible, and not legally parked will constitute an inoperable vehicle.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

TOWER

A person engaged in the business or offering the services of a vehicle tower or towing service whereby abandoned and/or disabled vehicles are towed or otherwise removed from the places where they are disabled, impounded or abandoned by use of a tower or truck so designed for that purpose.

TOWING

Hoisting, lifting, removal, hauling and transportation of any type of vehicle of any size from the highways, streets and roads located within the Borough of Medford Lakes or any other highway, street, or road within the State of New Jersey.

VEHICLE

Any motor vehicle of any type or size, including, but not limited to passenger vehicles, trucks, trailers and other heavy vehicles and equipment.

WAITING TIME

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 Fire/EMS services which must be performed and/or police investigations.

WINCHING SERVICE

Any operation in which a vehicle is moved onto a roadway from a position off the roadway, or any other operation whereby a vehicle is moved by the use of a cable from a position that is not accessible for a direct hook up by conventional means for loading onto a tow vehicle. Winching is not pulling a vehicle onto a tilt bed carrier or lifting a motor vehicle with a conventional tow sling.

When not consistent 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.

§ 228-2 Appointment required; application; liability.

Generally, the governing body of the Borough, at the beginning of each period, shall appoint towers to be called by the Police Department on a next-available basis. The Police Department shall maintain a rotation list of towers authorized and appointed under the terms of this chapter. A fee, set by resolution, shall be paid to the Municipal Treasurer by each tower so authorized. The appointment shall be made after the submission of an application as hereinafter set forth, and the review and recommendation of the same by the Chief of Police, said appointment to be made by the Borough Manager. Any tower receiving appointment shall be placed on the rotation list, which shall entitle the tower(s) to be called by the Police Department on a rotation basis, as the next available tower. In the event that the next tower on the rotation list is unavailable, then the next tower on the list shall be called. Tower(s) wishing to reapply at the end of their three year appointment will be required to complete the application process to include a fee, set by resolution, and submitted to the Borough, if appointed. Applications for the next appointment shall be received no later than 90 days prior to expiration of the then existing appointment.

Application process. Any person interested in being placed on the aforementioned rotation list shall submit an application on a form to be prepared by the Borough Manager or his/her designee, said form to contain at a minimum the information specified herein. The applicant shall provide, at a minimum, the following information:

(1)

List of required equipment and proof of ownership.

(2)

Experience of applicant with references.

(3)

Available personnel (employees).

(4)

Proper business and trade licenses and licenses of vehicles.

(5)

Tow trucks having two-way radio/cellular telephone capability with a dispatching center on a twenty-four-hour basis.

(6)

Storage location setting forth capacity, contractor responsible for safe storage area location, proof of ownership or lease of storage area along with a survey certifying the square footage within the surveyed area.

(7)

Insurance and proofs of required coverage.

(8)

List of stockholders.

(9)

Noncollusion affidavit.

(10)

Affirmative action affidavit.

(11)

Hold-harmless agreement.

(12)

Certification that the applicant is able to provide towing services anywhere in the Borough in accordance with the response time established within this chapter.

(13)

Certification that the applicant will be available to provide service on a twenty-four-hour-per-day, seven-day-per-week basis, and will abide by the fees set forth in this chapter.

(14)

Certification that the applicant shall consent to the appointment of the Borough Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.

Review of application. The Chief of Police shall conduct a background check of the applicant and any employees to be utilized in the towing and storage operation. The background check is to determine if either the applicant or its employees have been convicted of a criminal offense or have had their driver's license suspended or revoked in the past year. Conviction of a criminal offense or suspension of a driver's license within the past year shall be cause for the disqualification from being appointed to provide towing and impound services. The Chief of Police, or his designee, shall conduct an inspection of the employees, vehicles, equipment and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the application, and to determine compliance with the applicable laws, regulations and standards of performance required by this chapter. The Borough shall, at the cost of the applicant, obtain a better Business Service Bureau report, and any other reports that the Borough Manager may deem necessary. After a thorough investigation, the Chief of Police shall recommend to the Borough Manager whether an applicant should be appointed to provide towing service to the Borough of Medford Lakes in accordance with the terms and conditions of this chapter.

Independent contract. By submission of the fee and application, the tower agrees that all personnel and equipment used shall be and remain the property of the tower, and in no event shall the property or any employee of the tower be represented or considered belonging to or employed by the Borough of Medford Lakes. The tower is in no way or sense an agent or employee of the Borough of Medford Lakes.

Hold harmless agreement; liability.

(1)

The tower, by submission of the fee and application, agrees to assume the defense of and indemnity and hold harmless the Borough, its elected officials, boards, commissions, officers, employees and agents from all suits, actions, damages or claims to which the Borough may be subjected, of any kind or nature whatsoever, resulting from, caused by, arising out of or as a consequence of the provisions of providing the services required by this chapter. Prior to providing the towing services, the tower shall execute the appropriate hold harmless clause.

(2)

The owner of the garage or the parking or storage location shall also agree to indemnify and hold harmless the Borough and its officers, employees and agents from any and all suits and actions, damages or claims arising out of the performance of the duties specified in this chapter.

(3)

The Borough of Medford Lakes shall not be liable for any services whatsoever, which may be rendered to motor vehicles, and the tower shall only seek payment from the driver, and/or owner of such vehicles for compensation.

Borough Manager`s decision. The Chief of Police shall conduct the aforementioned review and investigation, and render a report to the Borough Manager recommending either approval or denial of the application. The Borough Manager shall then take action with regard to appoint vendor(s) for towing and impound services. Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Borough Manager.

§ 228-3 Equipment and operation requirements.

The following general requirements shall apply to all towers and towing operations acting on behalf of the Borough of Medford Lakes:

Equipment. The tower shall have sufficient equipment (either owned or by subcontract) to tow any size vehicle utilizing the highways, streets and roads in the Borough of Medford Lakes. The minimum requirements are one heavy-duty large-capacity wrecker, minimum of twenty-five-ton capacity, one medium-duty wrecker, minimum of ten-ton capacity, and two light-duty wreckers, one of which must be a flatbed, minimum four-ton capacity. The specifications are as follows:

(1)

Heavy-duty:

(a)

Minimum of twenty-five-ton capacity.

(b)

Air brakes.

(c)

Minimum 1,000 by 20 tires with dual rear wheels.

(d)

Air fittings for releasing air pressure lock brakes on dump trucks and tractor trailers.

(e)

Under-reach capabilities.

(f)

All required ICC safety equipment must be carried.

(g)

Must meet all federal, and New Jersey Division of Motor Vehicle requirements.

(h)

Portable safety lighting to be installed on the rear of the towed vehicle.

(i)

Off-side truck winching.

(2)

Medium-duty:

(a)

Minimum of ten-ton capacity.

(b)

Minimum 1,000 by 20 tires with dual wheels.

(c)

Chassis requirements should be 10 ton`s gross weight.

(d)

Steering wheel lock for towing vehicles from the rear.

(e)

Wheel lift and under-reach capacity.

(f)

All ICC safety equipment must be carried.

(g)

Must meet all federal and New Jersey Division of Motor Vehicle requirements.

(3)

Light duty:

(a)

Minimum of four-ton capacity

(b)

Chassis requirements should be 10,000 pounds gross vehicle weight and dual rear tires.

(c)

Steering lock on each wrecker for towing vehicles from the rear.

(d)

Tow sling-type bar, rubber strap, to lift the car so that no part of metal touches the car.

(e)

One wrecker must be of flatbed capability.

(f)

All ICC safety equipment must be carried.

(g)

Must meet all federal, and New Jersey Division of Motor Vehicle requirements.

At the time of the submission of the application, the tower shall submit proof satisfactory to the Borough and the Police Department of ownership of the aforementioned vehicles. Adequate proof shall be proof of ownership by recorded title of the required number of vehicles necessary to meet the chapter requirements or executed lease/rental agreement for the equipment required extending six months beyond the length of the contract. Failure to submit the aforementioned satisfactory proof shall result in the disqualification of the tower.

Employees.

(1)

The tower shall have sufficient number of employees available to comply with the minimal operational requirements of this chapter. The tower shall indicate in his application the number of employees on call and available to respond 24 hours a day, seven days per week.

(2)

The tower shall submit with the application to the Borough the names and addresses of all proposed drivers and employees who will be rendering service under this contract on behalf of the tower. This information is to be kept current with the Borough by the tower.

(3)

All operators of the tower's equipment providing services required by this chapter shall be over the age of 18 and must have a valid, current, driver`s license.

(4)

No person shall be utilized by the tower to provide services required by this chapter for the Borough unless the Borough has obtained a record check and has been approved by the Chief of Police. The Chief of Police may reject the services of an employee of the tower for the following reasons:

(a)

Conviction of any crime of the first or second degree.

(b)

Conviction of any crime involving the use of a firearm.

(c)

Conviction of any crime involving the manufacture/distribution of any controlled dangerous substance.

(d)

Conviction of any crime or offense which subjects the employee to the provisions of Megan`s Law.

(e)

Conviction within the last five years for driving under the influence of intoxicating beverages or drugs.

(5)

No employee of the tower shall perform services unless previously listed by the contractor to the Borough.

Availability; response time. The tower shall be available 24 hours a day, seven days a week for use of the Borough at the direction of the authorized representatives of the Police Department as per the rotation requirements herein. The rotation list shall be as a result of the receipt and review of the approval of the aforementioned applications. In the event that none of the towers set forth on the rotation list are available or are available to provide the appropriate services requested by the Borough, or, if an emergency exists, the Borough may request such services from any other available source. During adverse weather conditions, heavy traffic conditions or emergency conditions, the tower set forth on the rotation list shall give priority to requests from the Borough over any other request which may be received by the tower. Notwithstanding the establishment of a rotation list, no tower shall be called until the Chief of Police or his designee has ascertained that the following requirements have been met:

(1)

The insurance policies, as required, have been procured and supplied.

(2)

No towed vehicle may be parked upon the public street but shall be stored by the tower within the storage area as hereinafter defined.

(3)

The tower must provide access to the storage area to the Police Department as needed on a twenty-four-hour-a-day basis.

(4)

The storage area shall accept all types of vehicles and be able to hold at least 25 vehicles.

(5)

The entire land area shall be enclosed by a fence of sturdy construction of at least six feet in height, and shall be secured with lighting.

(6)

The land used for storage is to be level and clear from all debris and must be clearly marked.

(7)

The storage area shall be used for the storage of vehicles awaiting a claimant or proper disposition. The land shall not be used for storage of vehicles owned by the tower even if the tower purchases same at an auction held on his premises. Vehicles purchased by the tower at an auction held at the towers storage facility must be removed within the time frame specified on the advertisement.

(8)

The tower shall be responsible for each vehicle and its contents in the tower`s possession until final disposition and removal as ordered by the Borough. All vehicles, regardless of condition, shall be stored singly and so arranged to permit inspection and subsequent removal. Adequate walkway inspection space shall be provided at all times.

Violations.

(1)

If a tower is in violation of any terms of this chapter, the Chief of Police shall notify the Borough Manager and the Borough Manager shall notify the tower in writing. If the violation is not corrected within 48 hours of the receipt of said written notice, the Borough Manager, upon recommendation of the Chief of Police, shall terminate the tower services and remove said tower from the rotation list. Adequate grounds for termination of services shall include but are not limited to a violation of the terms of this chapter, fraudulent or inaccurate application information, unsatisfactory service, billing irregularities, or the violation of any New Jersey statute or regulation.

(2)

Complaints of any kind relative to service, overcharging, theft of parts, damage to towed or stored vehicles, discourteous treatment and the like shall be referred to the Chief of Police for investigation and recommendation to the Borough Manager, if necessary. Such complaints may be cause for termination of the tower`s services and removal from the rotation list by the Borough Manager.

Records, inspection; release of vehicle. The tower shall maintain a record of all vehicles towed, stored and released by him pursuant to this chapter. Records shall be kept for a seven-year period. The tower shall maintain a record provided by the police of all property found anywhere in a towed vehicle, including the trunk and glove compartment, if opened, or if a key is available, and the tower shall be responsible to safeguard and release the vehicle and the contents left with the vehicle to the owner.

(1)

The tower is to notify the Chief of Police or his designee once a vehicle is towed, pursuant to this chapter, and has been in the tower`s possession for a period of seven calendar days.

(2)

The tower shall not release vehicles towed pursuant to this chapter, without the claimant first obtaining a release from the Police Department. In addition, the tower shall notify the Chief of Police, or his designee, of the release of a vehicle towed pursuant to this chapter within 24 hours.

(3)

Only the Chief of Police or his designee shall have access to any part of the storage area at any time of the day or night for inspection purposes, including both indoor and outdoor areas. Authorized representatives of the Police Department or the Borough Manager or their designees shall have access to any of the records required to be kept by the tower. Access to these records shall be provided to the Chief of Police, Borough Manager, or their designees, upon their request during normal business hours.

(4)

The service, equipment and personnel of the tower are subject to inspection and approval by the Borough. The Borough reserves the right to have a qualified person or agency make such inspections.

Disputes and adjustments.

(1)

Any disputes over the interpretation of this chapter, including the reasonableness of any fees assessed, shall be settled amicably, if possible through negotiations between the tower, the Police Department and the Borough Manager.

(2)

In cases where the Borough has been at fault in wrongfully directing that a vehicle be towed, the tower may petition the Borough Manager for reimbursement of costs incurred in the towing and storage of said vehicle.

Standby service.

(1)

In addition to the service requirements of this chapter, the tower shall be required to furnish extra towing equipment and service during storm periods, periods of snow emergencies, traffic emergencies, disasters, any acts of God, and for any other reason when so designated by the Borough Manager, the Chief of Police, or their authorized representatives. During such periods, which are herein referred to as "standby service periods," the tower shall be required to furnish adequate equipment and service to be held ready to remove all types of vehicles.

(2)

Standby service will begin when the Chief of Police or his authorized designee calls the tower initially, and will end when he terminates the standby status by calling the tower.

(3)

The Borough reserves the right, during any emergency, to designate temporary areas owned or leased by the Borough for the storage of disabled vehicles in said area at the direction of the Chief of Police or his designee.

§ 228-4 Removal and storage of vehicles.

Removal. Vehicles shall be removed as follows:

(1)

Abandoned vehicles.

(a)

Abandoned vehicles, as defined in Title 39 of the New Jersey Revised Statutes, shall be removed under the direction and supervision of the Police Department on a twenty-four-hour-a-day basis. All calls with respect thereto shall be answered within 20 minutes from the time of notification under normal conditions seven days a week, anywhere within Borough limits, unless the Police Department determines it is not a threat to vehicle traffic, or persons and could be removed during regular business hours. Abandoned vehicles shall be towed without charge to the Borough to the aforementioned required storage area, and stored thereon for no longer than 90 days without any charges or liens accruing against the Borough. Abandoned vehicles remaining after 90 days may be removed from the secured area, provided that a junk title has been applied for pursuant to the provisions of Title 39.

(b)

The tower may be penalized, at a cost set by resolution, per day for each abandoned vehicle not removed and towed within a reasonable amount of time after notification by the Police Department, and may be grounds for termination of the tower`s appointment.

(c)

The requirement to tow abandoned motor vehicles shall only apply to public rights-of-way, easements, avenues and places including public parks and playgrounds, and all quasi-public areas. The owner of private property shall be responsible for the removal of any unattended or disabled vehicles in accordance with the provisions of N.J.S.A. 39:4-56.6, and shall employ a tower of their choice.

(d)

The Borough retains the right to require that the abandoned vehicle shall be towed to municipal property and to retain any monies realized from the sale of such vehicles. The Borough shall pay the Borough`s reasonable fees as set forth in this chapter for towing a vehicle sold in this manner from the proceeds of the sale. Abandoned vehicles not claimed by the owner or lienholder may be sold at public auction pursuant to the provisions of N.J.S.A. 39:10A-1 through 10A-7. Prior to sale at auction of any abandoned vehicle, the Borough will obtain the appropriate junk title or certificate of ownership for said abandoned vehicle from the Division of Motor Vehicles.

(2)

Vehicles not abandoned.

(a)

All vehicles involved in accidents, disablements, stolen vehicles, vehicles involved in suspected crimes, and the like shall be towed and stored under the direction and supervision of the Police Department 24 hours a day, seven days a week. Vehicles shall be available for release between the hours 9:00 a.m. and 5:00 p.m., Monday through Fridays, and 9:00 a.m. and 12:00 noon, Saturdays and Sundays, except legal holidays. Sunday hours are optional, however, no storage charge for Sunday shall be assessed if a vehicle is picked up on Monday. The tower shall arrive at the scene of the accident within 20 minutes under normal conditions after police notification. Repeated late arrivals at the scene of accidents may result in the termination of the tower`s services, as otherwise provided in this chapter.

(b)

In the event that the tower has been summoned by the Borough for purposes of towing a vehicle, and the owner of the vehicle has also summoned his own tower, and said tower arrives on the scene prior to removal of the vehicle by the Borough`s tower, then the owner is entitled to remove his own vehicle at no cost or expense to the owner or the Borough. There shall be no charge to the Borough for the tower appearing at the scene under said conditions.

Storage. The tower shall store the abandoned and non-abandoned vehicles in the storage area, as required in this chapter. The vehicles shall be stored until claimed by the owner or until auctioned by the Borough in compliance with state law, or as otherwise to be disposed of pursuant to state law. Vehicles to be removed shall be towed to the tower`s storage area or to Borough property at the discretion of the Police Department.

§ 228-5 Indemnity and insurance.

The tower shall indemnify and hold harmless the Borough of Medford Lakes from any and all claims against the Borough of Medford Lakes arising out of the operation of any towing services or garage services or storage services or repair services under this chapter. Liability insurance shall include contractual liability of $1,000,000 combined single limit.

The tower shall carry workmen`s compensation insurance in accordance with the requirements of New Jersey state law. The tower shall also carry public liability and property damage, contingent liability insurance to indemnify the Borough of Medford Lakes and the public against any loss due to injuries, accidents or damages of any character whatsoever, where any such damage is the result of any act or omission of the tower, his agents or employees in or due to the execution of the work called for under this chapter. Such policies shall contain the provision that 30 days' notice of change or cancellation be given to the Borough by the insurance company. Public liability insurance limits shall be at least $500,000 per accident and be specifically endorsed to provide collision insurance for vehicles in tow. In addition, the tower shall have coverage for contractual liability and also name the Borough as an additional insured. All insurance required hereunder shall remain in full force and effect for the period of the appointment.

Appropriate bodily injury liability insurance with $1,000,000 combined single limit, automobile bodily injury liability insurance with limits of not less than $500,000 for each person and $1,000,000 for each accident, and property damage liability insurance with a limit of not less than $500,000 for each accident.

Garage keeper`s liability in an amount not less than $60,000 per location; garage liability in an amount not less than $1,000,000 combined single limit.

Certificates of insurance showing that the tower and the Borough of Medford Lakes are named as additional insured, in conformance with the above, shall be furnished to the Borough of Medford Lakes, subject to approval of the Borough Solicitor, and filed with the Borough Clerk. The certificates of insurance shall be delivered to the Borough Manager.

§ 228-6 Rate schedule; charges and fees.

Generally.

(1)

Towing and storage charges and fees shall be set periodically by resolution and in accordance with N.J.S.A. 40:48-2.5, as well as the provisions of this chapter. The Borough shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles. The charges and fees and rates applicable to services performed pursuant to this chapter shall be posted in a conspicuous place, visible to the public at the tower`s storage area, and shall be presented to the owner of a vehicle to be towed at the time of service. The tower shall prepare an itemized bill in detail as to the actual services rendered and present the bill to the claimant of a vehicle. Each bill shall contain a statement that the claimant may file a complaint with the Borough with respect to charges. The Borough will not be responsible for charges due and owing from a claimant of a vehicle, nor will it assist the tower in collecting such charges. Vehicles impounded as a result of police investigations involving stolen vehicles or fatal accidents will not result in storage charges; however, the Borough reserves the right to store such vehicle at a location of its choosing.

(2)

In the event that the Borough conducts an auction of unclaimed abandoned vehicles pursuant to Title 39, the tower`s bill for towing and storage shall be an expense of possession and sale and shall be paid from the proceeds of this subsection. Each vehicle auctioned shall be a separate item for purposes of this subsection. The title fee for which the Borough must pay to the State of New Jersey for title certificates shall be paid by the purchaser at the auction, even if the tower is the purchaser and shall be in addition to the bid price of each vehicle. In the event that the Borough determines to utilize the provisions of Title 39 with respect to unclaimed vehicles, the tower shall receive no compensation for its services.

(3)

The fee for towing a vehicle shall include the service rendered from the scene where the vehicle is located to the storage area, and from the storage area to the curbline of the property on which is located the storage area. There shall be no additional charge for towing a vehicle from the storage area to the curb line for the purpose of an owner of a vehicle towing the vehicle to a service station or other repair shop, or the person`s home or other location. The charge for towing includes any incidental and related costs, such as disconnecting and reconnecting a transmission. There shall be no additional charges for any other services, including, but not limited to waiting time, debris removal, winching and additional labor when routine towing services, as provided for by this chapter, are performed. The tower shall be responsible for the cleanup and disposal of motor vehicle fluids, in accordance with state law and accepted standards, and there shall be no additional labor charges for this service. The tower may charge the owner/operator for material used in the cleanup of motor vehicle fluids. The tower may charge a fee for lockout service, as well as roadside assistance, such as jump-starts, tire changes, and providing gasoline for vehicles that have run out of fuel.

Charges and fees. The charges, fees and rates for vehicles to be towed and stored shall be set periodically by resolution.

Specialized equipment. In cases where the tower must hire laborers or rent or utilize specialized equipment not specified in this chapter, all reasonable charges therefor shall be paid by the owner of the vehicle, after the owner of the vehicle or his agent has given his prior written consent thereto, except where said vehicle is deemed a hazard to health or safety, whereupon said vehicle will be removed by the direction of the Chief of Police or his designee, with the owner then being responsible for all personnel, equipment and labor costs. The Chief of Police or his designee shall determine the necessity for specialized equipment.

Unloading of goods. In the event that it is necessary to unload a vehicle which has been used for transportation of goods prior to towing, an agreement shall be reached between the tower and the owner of the vehicle or the owner`s agent or representative, as to the charge for said service. No written agreement is necessary in an emergency situation, and the Chief of Police or his designee shall determine when an emergency exists.