[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank by Ord. No. 1996-13 (Sec. 4-12 of the 1987 Revised General Ordinances). Amendments
noted where applicable.]
A.
The purpose of this chapter is to establish a rotating tower/wrecker
list to be utilized by the Police Department of the Borough of Red
Bank regarding wrecked, abandoned, impounded or similar vehicles,
and to regulate the towing and storage of motor vehicles which result
from Police Department calls for assistance, and to establish towing
and storage fee schedules.
B.
The provisions of this chapter apply to all businesses who provide
towing and storage services for motor vehicles who shall participate
in the rotating call list in the Borough of Red Bank.
Certain words and phrases in this chapter shall have the following
meanings:
A motor vehicle storage facility in compliance with the Zoning
Ordinance of the Borough of Red Bank or other municipality which has
a temporary storage facility for disabled or abandoned vehicles.
A private passenger automobile of a private passenger or
station wagon type and a motor vehicle with a pickup body, or delivery
sedan, a van or a panel truck, as well as motorcycles and mopeds.
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area, or from
a storage facility, and other services normally incident thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way berm, or from being impaled upon any other object
within the right-of-way berm.
The Borough of Red Bank.
The operation of an unengaged wrecker along the public streets
in any fashion intended, likely or calculated to solicit business.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which a motor vehicle comes in contact with
any other object for which the motor vehicle must be towed or removed
for placement in a storage facility.
The person, firm or corporation which owns or leases and
operates or causes to be operated a tow truck and includes the words
"owner," "licensee" and/or "contractor."
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with an alarm system or similar on-site
security measures. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
For the purposes of this chapter, any regular police officer
or special police officer of the Borough of Red Bank and any State
Police Officer or the Borough Code Enforcement Officer, Zoning Officer,
Parking Enforcement Officer or their designees.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
A list containing the names and addresses of towing and storage
contractors maintained by the Police Department who will be called
on a rotating basis when the Police Department determines that the
assistance of such services is required within the Borough.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where
the tow vehicle is stationed when not in use.
This chapter shall apply to any operator who provides towing
and who seeks to provide motor vehicle tow service in the Borough
of Red Bank pursuant to the rotating towing call list described herein.
A.
No operator shall operate within the Borough of Red Bank without
obtaining a license in accordance with the provisions of this chapter.
Specifically exempted from this license requirement are towing operators
engaged solely in the towing, transporting, conveying or removing
from private property within the Borough, or those directly and privately
engaged or designated by the person responsible for the vehicle to
be towed, transported, conveyed or removed.
B.
No operator shall be eligible for inclusion on the rotating call
list described in this chapter unless such operator shall obtain a
license from the Borough of Red Bank for inclusion on the tow list.
There shall be no subcontracting of services allowed.
A.
An application for a license to be placed upon the list to be utilized
by the Police Department shall be made by the person or firm engaged
in operating a storage facility and a tow vehicle in the Borough of
Red Bank.
B.
The application shall include the following information:
(1)
The full name, address, telephone number and tax identification number
of the applicant. If the application is made for a partnership, corporation
or other business entity, it shall state the names and addresses of
the officers; names and addresses of the directors or partners; names
and addresses of anyone owning 10% or more of the applicant; and the
address and telephone number of the corporate registered office and
registered agent or the managing partner.
(2)
The description by make, model, license number, year, gross vehicle
weight, vehicle identification number and color of each tow vehicle
which will respond to towing calls.
(3)
A statement setting forth a maximum gross vehicle weight the applicant
is capable of towing.
(4)
A statement setting forth a maximum size vehicle the applicant is
capable of towing.
(5)
The address at which each such tow vehicle will be principally kept.
(6)
The street address and the municipal Tax Map lot and block number
of the proposed authorized storage facility to which towed vehicles
will be taken and at which they will be stored. In the event that
the applicant does not own or control such a storage facility, the
applicant shall present a lease agreement by a person who does own
or control such a storage facility evidencing that the applicant has
permission to store towed vehicles at that facility; said lease shall
be for a term of not less than the period of validity of the license
sought.
(7)
The names, addresses and driver's license numbers of all drivers
of tow trucks/wreckers.
(8)
The telephone number available on a twenty-four-hour-per-day basis
at which the Police Department may summon a tow vehicle at any time
of day or night.
(9)
Copies of insurance policies or certificates of insurance required
under this chapter.
(10)
An employment nondiscrimination statement.
(11)
A statement of compliance with all state and federal laws and
regulations concerning wages, hours and terms of employment.
C.
The applicant shall file with the Borough Clerk completed application
forms which forms shall be furnished by the Chief of Police.
[Amended 2-12-2007 by Ord. No. 2007-5]
D.
The Borough Clerk shall refer the application for a license to the
Police Department for investigation and report. After the application
has been submitted and reviewed by the Police Department, the Chief
of Police will recommend approval or disapproval of the application.
The Police Chief's recommendation shall be dependent upon both
the applicant's ability to perform in accordance with this chapter
and upon the applicant's personal fitness to engage in a business
regulated in the public interest. Factors which the Chief of Police
shall consider for reasons of personal fitness shall include: convictions
of indictable offenses; convictions of crimes involving moral turpitude;
and convictions of crimes involving use or possession of a controlled
dangerous substance.
Applications for the initial licenses under this chapter shall
be made to the Borough Clerk on or before December 1, 1996. The first
licenses issued hereunder shall be effective until January 31, 1999.
Thereafter, licenses shall be effective for a period of one year commencing
February 1 of each pertinent year. Applications for licenses shall
be filed no later than December 1 prior to the commencement of the
period for which a license is sought. By filing the application, each
applicant agrees to comply with all provisions of this chapter.
[Amended by Ord. No. 2004-17; 2-12-2007 by Ord. No. 2007-5]
The fee for each license under this chapter is $150.
A.
The Chief of Police or his designee shall establish a rotating call
list for towing service for the Borough to be called by a member of
the Police Department in the event the owner or driver of a disabled
vehicle is unable to or fails to indicate any specific choice of towing
operator to remove the disabled vehicle. A current copy of the call
list shall be available for inspection by the public at the office
of the Borough Clerk and the Police Department. Any towing and storage
contractors qualifying and obtaining a license pursuant to this chapter
shall be included on the list and those on the list shall be called
on a rotating basis to provide the required towing and storage services.
B.
Whenever a towing and storage contractor is called through the Police
Department, whether as a result of being next on the tow list, or
for another reason, that towing and storage contractor will rotate
to the bottom of the list.
C.
The Chief of Police or his designee shall establish such other procedures
and such reasonable regulations concerning the call list as are necessary
to expedite and facilitate the rendition of the services described
herein, including such procedures which will insure that all towing
operators on the call list are summoned on a nondiscriminatory basis
in rotating order. Notwithstanding the foregoing, nothing contained
herein shall prevent the Chief of Police or his designee from requesting
additional towing service from others if, in the judgment of such
person, the size, nature or scope of the conditions or the performance
of the called towing service requires that assistance be rendered.
[Amended by Ord. No. 2004-17]
The following are the minimum standards/qualifications required
to be considered for inclusion on the tow list:
A.
Accidents involving large vehicles. The towing and storage contractors
must be prepared to promptly clear the roadway of any or all types
of disabled vehicles. Where the vehicles are too large for the service
to remove from the scene, after clearing the roadway, the service
may call for assistance of others. The towing and storage contractor
is required to have appropriate arrangements available for this assistance
at all times.
B.
Response time.
(2)
Response time determination is to be initiated when the police call
requesting towing is completed. Where the police cannot reach the
next eligible contractor on the list, that contractor shall be deemed
to have forfeited its position and the next succeeding contractor
on the list shall be called.
C.
Performance standards. The contractor will be responsible for the
conduct of contractor's employees. The towing and storage contractor
will meet the following response performance standards:
D.
Equipment requirements. No license shall be issued to a towing operator
and storage contractor who does not possess for use in this business
the following equipment, which equipment shall be inspected by the
Chief of Police or his authorized representative prior to the issuance
of a license:
(1)
Tow vehicle. Each towing operator must have available at least one
professionally constructed wrecking vehicle capable of performing
all towing or roadway clearance tasks assigned by the Borough.
(2)
Safety equipment. Each vehicle shall have appropriate authorized
beacon and warning lights, tow vehicle illumination, stop lights and
portable fire extinguishers.
(3)
Specialized equipment. At least one of the available tow vehicles
must be equipped for dolly service and winching.
(4)
Cleanup equipment. All tow vehicles must carry road cleanup equipment
and supplies including brooms, rakes, trash cans and shovels and speedy-dry-type
materials. The towing service is responsible for the prompt and safe
removal of the disabled vehicle and for the prompt and complete removal
of all litter and debris resulting from the accident with the exception
of hazardous materials as set forth in N.J.S.A. 39:4-56.8.
E.
Disabled vehicle storage. The towing service must operate a suitable,
fenced and secure vehicle storage area in an area zoned for such use.
The lot must be able to store at least 15 full-size vehicles. Said
storage yard must be within a four-mile radius of the intersection
of Broad Street and Harding Road in the Borough of Red Bank. This
radius shall be measured by the shortest available route. The storage
yard must be adjacent to or part of the towing operator's regular
commercial business, which must be in operation at least six days
a week during working hours. The storage yard and the commercial business
must satisfy the applicable Borough ordinances in all respects. Authorized
personnel with the Department of Police will have twenty-four-hour,
seven-day-a-week, access to vehicles within the authorized service
storage yard. If there are in excess of 15 vehicles to be stored,
they may be stored elsewhere as long as the alternate lot complies
with the specifications of the regular storage lot, and appears on
the towing and storage contractor's insurance certificate.
[Amended 2-27-2006 by Ord. No. 2006-2]
F.
Insurance.
(1)
The towing and storage contractor shall maintain the following minimum
insurance coverage with an insurance company licensed to do business
in New Jersey in the name of the applicant for the entire term of
the contract:
(a)
Automobile liability in an amount not less than $1,000,000 combined
single limits.
(b)
Worker's compensation as required by statute.
(c)
Garage keeper's liability in an amount not less than $60,000
per location.
(d)
Garage liability in an amount not less than $1,000,000 combined
single limit.
(e)
Miscellaneous coverage to provide complete protection to the
Borough against any and all risks of loss or liability, including
comprehensive general liability.
(2)
The property damage policies are to be endorsed to provide for collision
coverage for the vehicles in tow. The Borough is to be listed as an
additional insured. Also, the policies are to provide for the indemnification
of the Borough. The insured's coverage must be for the entire
term of the license.
(3)
Certificate of insurance. At time of application, the towing and
storage contractor shall present a certificate of insurance evidencing
the above coverage by an insurance company licensed to do business
in the State of New Jersey. Included on such certificate shall be
a statement that the insurance company or agent will notify, in writing,
the Chief of Police immediately of any change, cancellation or lapse
of such coverage. Such statement shall not include language making
such notification permissive, nor language absolving the company/agent
from liability for failure to notify. Additionally, the applicant
agrees to notify the Chief of Police immediately of any change, cancellation
or lapse of insurance coverage.
G.
General standards.
(1)
All towing operators and their employees shall be fully trained and
knowledgeable in the operation of all required equipment and shall
be subject to background investigations by the Borough Police Department.
(2)
All towing operators must be available for service on a twenty-four-hour,
seven-day-per-week basis, without exception, unless authorized by
the Chief of Police.
H.
Indemnification. All licensees agree to indemnify and hold the Borough
of Red Bank and its officers and employees harmless from any liability,
expense or costs of suit, including reasonable attorney's fees
and costs, arising out of or resulting from any action of the applicant
in performing towing and storage services in the Borough of Red Bank.
I.
Rules and regulations.
(1)
No towing operator shall engage in cruising as defined in this chapter.
(2)
No towing operator shall solicit or attempt to divert patrons of
another towing operator, whether or not licensed under this chapter,
nor shall a towing operator solicit or divert prospective patrons
of a given repair service to any other repair service.
(3)
No flashing lights or sirens shall be used by a towing operator except
by permission granted by the Chief of Police.
(4)
The governing body hereby designates the Police Department generally,
and the Chief of Police particularly, as the supervising authority
to enforce the provisions of this chapter as well as the rules and
regulations adopted hereunder.
(5)
Prior to license renewal and again during the month of March, each
towing operator licensed under this chapter shall be inspected by
the Chief of Police or his designee for fitness.
(6)
Each licensed towing operator at all times shall maintain and carry
the necessary equipment to remove disabled or locked vehicles or equipment
necessary to operate or open vehicles to enable public safety personnel
to remove entrapped passengers.
(7)
Each towing operator, prior to departure from the scene where it
performed towing services, shall clean and clear the streets of any
customary debris resulting from any accident at such scene and shall
at all times carry the necessary equipment to perform such cleaning
services.
(8)
No towing operator, licensed under this chapter or otherwise, shall
respond to the scene of an accident except upon the request of the
driver or owner of the vehicles involved or except upon notification
by the channel of communication established by the Police Department
to notify licensed towing operators of the necessity of their presence.
(9)
Refusal to tow at the scene of the towing and the type of car refused
shall be reported by the Police Officer assigned to the incident to
his superior. The report of refusal shall be furnished to the Chief
of Police and the Borough Clerk as soon as practicable.
(10)
When any unusual situation occurs which may be dangerous to
the safety of the public, such as dangerous cargo, solvents, fluids,
natural gas, etc., the most qualified towing operator will be selected
by the Police Department.
(11)
Where no designation has been made, licensed towing operators
are authorized to remove the vehicle to the towing operator's
place of business.
(12)
Where vehicles are towed to premises controlled by the Police
Department for the purpose of utilizing the vehicle or its contents
as evidence, or for other purposes, such vehicle shall not be released
from police custody unless the owner of the vehicle furnishes the
Police Department with a receipt that towing service fees have been
paid.
(13)
In all cases where cars are to be towed for illegal parking,
summonses for such offenses shall be issued prior to towing.
(14)
No towing operator operating under the license issued hereunder
shall employ directly or indirectly any personnel or employees of
the Borough of Red Bank.
(15)
The Police Department shall maintain a log record of calls to
licensed towing operators under this chapter. Said record shall be
available for inspection by any licensed towing operator upon reasonable
notice.
(16)
The authorized towing operator shall not charge any towing or
storage fee for vehicles which have been ordered impounded by the
Police Department as a result of an investigation, nor for Borough
of Red Bank municipal cars that have broken down or have been involved
in accidents within the Borough limits, and which vehicles are stored
at a Borough facility. With such a municipal tow, the towing operator
will not lose the position at the top of the rotational list.
(17)
No license issued pursuant to this chapter shall be transferable,
and upon cessation of activity under the license through revocation
or otherwise, the license shall be determined null and void.
(18)
Such additional rules and regulations as may be promulgated
shall take effect after notification of such rules and regulations
upon all holders of licenses for towing operators. Service shall be
made by forwarding these rules and regulations by certified mail,
return receipt requested, to the licensee at the address listed in
his most recent application.
J.
Fees and charges.
(1)
Fee schedule. Each applicant shall attach to its application for
a license a copy of its current fee schedule, which must not be in
excess of that provided for in this chapter. In the event an applicant
is included on the tow list and will be amending its fee schedule
from that previously filed with the Chief of Police, such amendment,
together with a complete amended fee schedule, shall be filed with
the Borough Clerk and the Chief of Police at least 30 days prior to
implementing and charging pursuant to such amended fee schedule. The
fact of filing a fee schedule with the Chief of Police shall not in
any way be construed as authority to charge any fees in excess of
those permitted by this chapter. All customer bills must be in an
amount not exceeding the rates provided for herein.
(2)
Maximum rates. The maximum rates, as fixed on Schedule A attached
to and incorporated into this chapter,[1] shall apply to the towing and storage of all passenger
vehicles, as well as to all non-passenger vehicles not exceeding three
tons in weight. There shall be no additional charges for services
including, but not limited to, flatbedding, waiting time, cleanup
costs, and additional labor, when only basic towing services as defined
are provided.[2]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(3)
Services to other types of vehicles or extraordinary services; rates. In the case of services rendered to vehicles other than the types of vehicles mentioned in Subsection J(2) of this section, or services of a nature beyond basic towing services as defined, or services other than covered by basic rate, or services rendered in an extraordinary case involving unusual conditions, the rate to be charged shall be fair and reasonable and shall not exceed those fees set forth on the filed fee schedule referred to in Subsection J(1) of this section, based on the location, the length of time, the number of men and machinery involved and the difficulty of the job.
K.
Authorized Borough service receipt form.
(1)
Towing service receipt form. The towing and storage contractor will
complete and file with the Police Department a towing service receipt
form for every vehicle serviced on Borough assignment. A preprinted
form supplied by the towing and storage contractor will include at
least the following information:
(2)
Distribution of form. The receipt will be multi-copy and issued as
follows:
(a)
Original. Issued immediately to owner upon completion of service
and payment of bill.
(b)
Police. Issued monthly to Police Department upon completion
of services.
(c)
Owner's accident receipt. Issued at the accident site to
the owner prior to the removal of the vehicle. In the event the owner
is incapacitated or disputes the assignment, the owner's accident
receipt may be issued to the Police Department.
(d)
Copies. As deemed necessary by towing service.
(3)
Follow-up report. A quarterly report must be filed with the Police
Department containing the following information:
(a)
Description of each vehicle towed pursuant to request by Police
Department during months for which report is given;
(b)
Name and address to title owner of vehicle;
(c)
Date vehicle was towed;
(d)
Amount charged for tow;
(e)
Amount charged for storage to date of report;
(f)
Date vehicle was released;
(g)
List of all vehicles towed pursuant to Police Department request
which vehicles are unclaimed for over 30 days.
A.
At no time shall a towing and storage contractor charge fees in excess
of those authorized by this chapter.
B.
Contractor shall make appropriate accommodations for customer fees
to be payable by major credit card.
C.
Special towing services. If special towing services are required,
the towing and storage contractor shall quote the vehicle owner or
his authorized agent directly. In the event that the owner is incapacitated,
a written copy of the price quote should be filed with the Police
Department.
D.
No "release fees" may be charged for the release of vehicles.
E.
No vehicle shall be released by the towing and storage contractor
unless the owner presents an authorization to release form issued
by the Police Department.
Nothing contained in this chapter shall prevent a person responsible
for a motor vehicle disabled upon the public streets or highways within
the Borough of Red Bank from arranging for the prompt removal of the
vehicle from the scene of an accident or disablement by a wrecking
or towing service of his/her own selection. The person responsible
will be advised by the Police Department of the ability to select
such towing service at the required time of removal, providing such
person is present, fully conscious and capable of taking prompt action.
In the event that a person or entity shall fail to perform satisfactorily,
or performs in violation of this chapter, such person or entity may
be disciplined, including removal from the tow list, by the towing
performance review committee, consisting of two members of the Internal
Affairs Unit of the Police Department. Discipline may run from a reprimand
to removal from the tow list. As soon as practical after a decision
by the Towing Performance Review Committee, the Chief of Police shall
cause written notice of such action to be given to the person or entity
to be disciplined. The person or entity disciplined shall have the
right to submit in writing, for the record, such rebuttal as deemed
appropriate and an explanation of the steps being taken and procedures
being implemented to correct any deficiencies. Any person or entity
receiving a suspension for more than five days may appeal the disciplinary
action to the Borough Administrator. The Administrator, or his/her
designee, shall hold a hearing regarding such appeal prior to the
discipline being implemented. Any appeal must be made and served upon
the Administrator within 10 days of receipt by the person or entity
disciplined of the written notice from the Police Department regarding
the suspension or removal.
The Police Department and the Office of the Borough Clerk shall
maintain copies of this chapter as well as copies of all fee schedules
of towing and storage contractors submitted to the Borough pursuant
to this chapter, which chapter and fee schedule shall be available
for inspection by the public during regular business hours of the
Borough.
The Police Chief is hereby given the authority to promulgate
rules or regulations necessary to carry out the intent and purpose
of this chapter, subject to approval of such rules and regulations
by resolution of the Mayor and Council of the Borough of Red Bank.
Any person or entity who shall be found to have violated any section of this chapter, or to have submitted a false or misleading application, shall in addition to penalties under this chapter, such as removal from the tow list or revocation of license, be subject upon conviction in the Municipal Court, to the penalties provided in Chapter 1, General Provisions, Article II, General Penalty.
