[HISTORY: Adopted by the Town Council of the Town of Newton 6-8-1970 as Sec. 5-17
of the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — see Ch. 307.
It is the intention of these specifications to describe the
requirements for the towing of abandoned, disabled, illegally parked
vehicles, stolen vehicles, vehicles involved in accidents within the
Town of Newton, vehicles suspected of involvement in crimes located
within the Town of Newton, and other vehicles identified by the Newton
Police Department when requested by the Police Department of the Town
of Newton, New Jersey.
Towing companies shall agree to provide the Town of Newton Chief
of Police or his designee with the following information prior to
being considered for placement and inclusion on a rotation wrecker
list:
A.
Towing companies must provide the Town of Newton Police Department
a detailed listing of the equipment to be utilized during the term
of any agreement for towing/wrecker services to be executed between
the Town of Newton and towing companies. The listing shall include
the following information.
(1)
Type of vehicle(s), storage location for vehicle(s), and whether
vehicle(s) is owned or leased. All leased and rented equipment must
be permanently located at the contractor's place of business
or residence if in conformity with state law, federal law and local
ordinances. Each piece of equipment must meet the minimum standards
set forth herein. Equipment which does not meet these minimum standards
shall not be used during the term of an agreement. The towing companies
will be solely responsible for the safety, maintenance and operation
of each piece of equipment utilized or required during the term of
an agreement.
B.
Classification of towing vehicles shall be made using the following
definitions:
(1)
Light duty.
(a)
Commercially manufactured chassis, rated capacity of not less
than 10,000 pounds gross vehicle weight rating (GVWR).
(b)
Commercially manufactured lifting apparatus with a minimum capacity
of four tons.
(c)
Universal tow sling or wheel lift with System 7 safety chains.
(d)
One snatch block, three-ton rating.
(e)
Proper safety lights.
(f)
Amber rotation emergency flashing light.
(g)
Two floodlights to the rear of the vehicle.
(2)
Heavy duty.
(a)
Commercially manufactured chassis, rated capacity of not less
than 28,000 pounds GVWR.
(b)
Commercially manufactured lifting apparatus with a minimum capacity
of 25 tons.
(c)
Two snatch blocks, twelve-ton rating.
(d)
Air brake hookup lines.
(e)
Tow sling or tow bar or wheel lift with System 7 safety chains.
(f)
Proper safety lights.
(g)
Two floodlights to the rear of the vehicle.
(3)
Car carrier/rollback — heavy duty.
(a)
Commercially manufactured chassis, rated not less than 14,500
pounds GVWR.
(b)
One hydraulically powered winch with a pulling capacity of not
less than four tons.
(c)
Fifty feet of three-eights-inch cable.
(d)
One snatch block, four-ton capacity.
(e)
Tie-down chains.
(f)
Two safety chains to be utilized.
(g)
Amber rotation emergency flashing light.
(4)
Car carrier/rollback — light duty.
(a)
Commercially manufactured chassis, rated not less than 10,000
pounds GVWR.
(b)
One hydraulically powered winch with a pulling capacity of not
less than four tons.
(c)
Fifty feet of three-eighths-inch cable.
(d)
One snatch block, four-ton capacity.
(e)
Tie-down chains.
(f)
Two safety chains to be utilized.
(g)
Amber rotation emergency flashing light.
C.
Towing companies shall carry on or within each vehicle four one-gallon
containers of Speedi-Dri or an acceptable substitute for spreading
on and around spilled antifreeze or other automobile fluids at the
scene to safeguard against slippery road conditions for police and
first aid vehicles, passing vehicles and similar vehicles. The Speedi-Dri
or an acceptable substitute will later be dissipated in accordance
with hazardous waste disposal regulations.
D.
Towing companies shall be responsible for cleanup of all broken glass
and debris at the scene of accidents or when called to a scene in
accordance with N.J.S.A. 39:4-56.8.
E.
To be prepared to carry out the requirements of Subsection D of this section above, each and every towing company vehicle will carry a broom and shovel.
F.
Towing companies must ensure that all of their authorized agents
agree to follow the instructions and/or orders of the police officer
from the Newton Police Department at towing scenes.
A.
No part of any towing agreement shall be assigned, leased, sublet,
or otherwise disposed of by towing companies, except with the prior
written approval of the Town of Newton Police Chief or his designee.
B.
The towing companies shall agree to provide upon request current
lease agreements for any storage lot/facility used, and towing companies
agree to notify the Town of Newton Police Department in writing if
any of the enclosed items are changed or altered. Failure to comply
with this provision will result in the immediate cancellation of an
agreement.
C.
The Town of Newton Police Department will have the right to perform
a background check of the towing companies' owner(s), employees,
and/or officers, and the conviction of a high misdemeanor of any such
principals will disqualify the towing company and its employees from
eligibility for inclusion on a rotation wrecker list, unless waived
by the Chief of Police.
D.
The drivers' license numbers, names, dates of birth of all towing
company drivers; the registration numbers of the towing companies'
vehicles to be used, their descriptions and functioning mechanisms
(i.e., rollback, heavy duty, light wrecker, etc.) and appropriate
permits (i.e., special lights) shall be provided in accordance with
Title 39, Motor Vehicles and Traffic Regulation, of the New Jersey
Statutes Annotated.
E.
Arrangements for the Chief of Police or his designee to be present
when the towing companies' vehicles are weighed at a certified
and licensed weigh station within the Town of Newton boundaries are
required in accordance with N.J.S.A. 39:4 and 39:3-84.
F.
Upon inspection, vehicles will have the name, address, and telephone
number of the actual business displayed on such vehicles in accordance
with N.J.S.A. 39:4-46.
G.
The towing companies must be within legal traveling and response
time of 10 minutes upon being dispatched by the Newton Police Department.
Exceptions for unusual traffic conditions will be recognized.
H.
Towing companies shall have at least one year of experience in the
towing of vehicles and must abide by all requirements hereof.
I.
Towing companies must maintain a recordkeeping system as required
by the Newton Police Department and the laws of the State of New Jersey.
At a minimum, such recordkeeping system shall include the form designated
as "RLC No. 1," which shall be completed to the best of the ability
of each towing company without neglect.
J.
Towing companies shall prepare an invoice for towing charges of each
vehicle towed, consistent with the State of New Jersey fees where
applicable.
K.
Records of towing companies pertaining to towing vehicles shall be
maintained for a period of four years.
L.
All drivers for the towing companies shall be a minimum of 18 years
of age or older.
M.
Towing companies agree that the Town of Newton may make periodic
drivers' license checks, registration checks, background checks,
and insurance checks.
N.
Towing companies covenant and agree to comply with all federal laws,
state laws and local ordinances governing operation of vehicles, towing
of vehicles, and storage areas.
A.
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 Town of
Newton.
[Amended 10-28-2019 by Ord. No. 2019-10]
[1]
Editor’s Note: Said attachment is on file in Town offices.
B.
Complaints of any kind relative to service, overcharging, theft of
parts, damage to towed or stored vehicles and the like shall be referred
to the Chief of Police for investigation. Such complaints may be cause
for imposition of penalties enumerated as follows:
A.
The Newton Police Department will not be responsible for any charges
due or owing to towing companies, nor will it assist the towing companies
in collecting any charges. Specifically, the Town will not be responsible
to reimburse towing companies for towing services in connection with
towing of vehicles which are abandoned or disabled, or from which
towing companies are unable to obtain towing service fees from vehicle
owners in accordance with N.J.S.A. 39:4-56. However, the Town will
make good faith efforts to auction abandoned vehicles and other vehicles
for which towing companies have not received payment for services
under any agreement consistent with appropriate state law. In the
event that an auction occurs on such vehicles and money is received,
the towing companies shall be paid their towing fee for such vehicles
from the proceeds of the auction, provided that the amount received
at auction is equal to or greater than the towing fees due. If that
is not the case, towing companies shall receive the auction proceeds
and the Town of Newton shall have no obligation to pay towing companies
any difference due in accordance with N.J.S.A. 39:10A-5.
B.
In cases where the Newton Police Department mistakenly directed that
a vehicle be towed or has acted on incorrect information furnished
by other official sources, the towing companies may be reimbursed
by the Town of Newton for minimum towing fees only, as stipulated
by New Jersey statutes.
A.
The towing companies grant the Newton Police Department the right
to inspect the proposed vehicle impound area at any time chosen by
the Police Department without prior notice to or acceptance by the
towing companies.
B.
All towing companies are prohibited from piling stored vehicles or
parking towed vehicles on public streets and sidewalks.
C.
The Town of Newton reserves the right during an emergency to designate
temporary areas owned or leased by the Town for storage of disabled
vehicles in said area at the direction of the Chief of Police or his
designee.
In all dealings with the public in connection with an agreement,
representatives of the towing companies are expected to act in a professional
manner at all times and be courteous and respectful to members of
the public. While members of the public, especially those whose vehicles
may have been towed or impounded, may at times resort to strong language,
threats or unbecoming behavior that may be directed to the representatives
of the towing companies, such towing company representatives are expected
to exercise restraint and shall not respond in kind, thereby causing
an unfavorable reflection on their business. If such instances occur,
the Newton Police Department should be contacted to keep the peace
and provide advice on legal proceedings, if requested.
The owner of any vehicle towed shall have the right to remove
personal property belonging to him from the stored vehicle unless
a "police hold" is marked on the towing form upon mutual agreement
of the towing company and the owner of the vehicle.
A.
Towing companies shall be responsible for any damage occasioned to
utility poles, guide wires, telephone lines, etc. damaged in their
recovery of vehicles.
B.
Towing companies will indemnify and hold the Town of Newton harmless
from any and all claims for personal injury or property damage against
the Town of Newton arising out of the operation of any towing services
or repair services performed under their respective agreements. Towing
companies will further defend the Town of Newton at the expense of
the towing companies in connection with any claim, demand, suit or
action brought against the Town and arising out of the operation of
any towing, garage or repair services under any agreement.
C.
Towing companies further agree to indemnify and hold the Town of
Newton harmless for any damages or losses sustained to any vehicle
or its contents, if such vehicle is in the possession of a specific
towing company, and said indemnification shall include but not be
limited to the defense of all lawsuits relating to the towing of any
vehicle by any party, the payment of any judgments relating thereto
against the Town, and the cost of the suit, including investigation
costs.
A.
Insurance coverage shall indemnify the Town of Newton and the public
against any loss due to injuries, accidents or damages of any character
whatsoever where such damage is the result of an act of omission on
the part of towing companies, their agents or employees, in or due
to the execution of the work called for under the respective agreements
between the Town of Newton and towing companies.
B.
On all liability policies required of towing companies, the Town
of Newton shall be named as an additional insured, and insurance certificates
shall indicate such coverage.
C.
All insurance required shall contain a clause indicating that the
Newton Police Department at 39 Trinity Street, Newton, New Jersey
shall be notified of any changes, cancellations, etc.
D.
Towing companies are required to purchase and maintain comprehensive
general liability insurance, comprehensive automobile liability insurance,
and worker's compensation insurance with limits of not less than
those set forth below. Failure to provide and continue in force such
insurance as required below shall be deemed a material breach of agreement
and shall result in immediate termination of any agreement for towing
services.
(1)
Comprehensive general liability insurance. The limits of liability
shall be not less than $500,000 for combined single limits (bodily
injury and property damage) per occurrence and aggregate, including
premises, operations and products/completed operations.
(2)
Automobile liability insurance. The limits of liability shall be
not less than $500,000 for combined single limits (bodily injury and
property damage) per occurrence. Note: Liability insurance policies
shall be specifically endorsed to provide collision insurance for
vehicles in tow.
(3)
Worker's compensation insurance. Statutory coverage including
liability coverage with a limit of at least $100,000. Excess umbrellas
in the amount of $1,000,000 giving protection in excess of $500,000;
general and automobile liability coverage.
[Added 2-13-2012 by Ord. No. 2012-2]
[Added 9-23-2013 by Ord. No. 2013-24]
Vehicles deemed by the Newton Police Department to constitute
a risk to public safety, which may include vehicles which are inoperable
or not currently registered, shall be ordered towed by any sworn member
of the Newton Police Department, after reasonable written notice is
provided to the owner on record with the Department of Motor Vehicles,
with reasonable costs to be paid by the vehicle's owner.
