A. 
All towing operators, in order to provide services in non-preference motor vehicle accidents or for the removal of motor vehicles from private or public property, as may be authorized by the Police Department, must be licensed by the Borough of Clayton in accordance with this chapter.
B. 
Towing operators must meet the twenty-minute response time to be eligible for inclusion on the Borough of Clayton Police Department Tow List.
C. 
The list of licensed towing operators shall be maintained by the Police Department and shall be utilized on a rotation basis. The rotation shall be on a weekly basis beginning at 6:00 a.m. Monday and ending one week later at 6:00 a.m. Monday, unless otherwise specified by the Police Department or in the event of emergency conditions.
[Amended 12-27-2018 by Ord. No. 22-2018]
D. 
Licensed tow operators shall be subject to the minimum standards of the performance rules and regulations of the Clayton Borough Police Department, including safety, availability, and compliance with the procedures established by this chapter.
E. 
If the Chief of Police determines that a towing operator is unable or unwilling to fulfill the requirements of this chapter or the statutes and regulations of the State of New Jersey, the Chief of Police shall document his determination in a written report. He will send this report to the tow operator by certified mail and will give a copy of the report to the Borough Clerk for the Borough Council's review of his recommendation for removal. The tow operator has 10 days to file a written appeal if in disagreement with the Chief of Police's recommendation of removal. If the tow operator chooses to appeal, the tow operator shall submit a request in writing to the Borough Clerk, who will then schedule a hearing before the Borough Council.
F. 
Upon receipt of the notification by the Chief of Police that the tow operator has been recommended for removal from the tow list, the tow operator shall cease towing of vehicles on behalf of the Borough of Clayton pending a final decision from the Borough Council.
A. 
Licensed towing operators agree to provide the following services on a twenty-four-hour basis:
(1) 
Removal and transporting of motor vehicles involved in a motor vehicle accident where the owner or operator of the motor vehicle when appropriate has not made a preference for the towing of the vehicle.
(2) 
Removal and transporting of a motor vehicle from private or public property as may be authorized by the Police Department or Zoning Officer of the Borough of Clayton.
(3) 
Removal and disposal from the Borough or private property of motor vehicles which, pursuant to state law and regulations, would be subject to the jurisdiction of the Clayton Borough Police Department. Such vehicles shall be moved to such location as specified by the Clayton Borough Police Department.
(4) 
The storage of a motor vehicle removed and transported from the scene of a motor vehicle accident.
B. 
A towing operator responding to a tow shall be responsible for all site cleanup related to a motor vehicle accident, including the pickup and removal of all debris from the scene of the accident and containment of any hazardous fluids from the vehicle prior to tow, in accordance with the laws of the State of New Jersey, and all services as defined by state regulations and Article I herein. It is understood that the responsibility of the tow operator as established above in no way relieves the vehicle owner of his/her responsibility for the cleanup and removal of any debris or spilled fluids coming from his/her vehicle.
C. 
A towing operator shall provide either one boom tow truck with a wheel lift or winch rollback or one boom tow truck with a wheel lift, capable of transporting the vehicle to be removed without additional damage. The transported vehicle shall not exceed the carry weight or capacity of the carrying vehicle.
D. 
The towing operator shall ensure the proper utilization and deployment of safety devices as more particularly defined in Article III, § 86A-12 herein.
E. 
If a licensed towing operator is unable to handle a particular situation for whatever reason, the Borough of Clayton Police Department shall have the right to use whatever means necessary to accomplish the removal, transporting and storage of motor vehicles.
F. 
Any tow operator intending to use subcontractors must identify them on his or her application. No towing operator shall subcontract any work to be performed pursuant to this chapter without having first obtained prior written approval from the Borough of Clayton Police Department. Any towing operator to whom approval to subcontract work has been given shall be responsible for the services performed by and the acts and omissions of the subcontractor and shall remain liable for any violation of this chapter by the subcontractor.
A. 
The towing operator shall provide a towing facility of sufficient size to accommodate not fewer than 25 passengers vehicles and one tractor and trailer and not less than 800 square feet of inside storage facilities to hold and protect "police hold" vehicles. At no time shall any automobile towed by a towing operator be stored at any other location, except where a vehicle is towed at the request of the owner to a specific location.
B. 
The towing facility shall be staffed by the licensed towing operator during normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, and include twenty-four-hour telephone service, seven days per week during the week in which the licensed facility is on call.
C. 
The towing operator shall provide tow vehicles capable of handling the transporting of motor vehicles as defined in Article I of this chapter and equipped to provide regular towing service: 14,000 pounds to 15,000 pounds gross vehicular weight is regular towing service; 15,000 pounds gross vehicular weight and above is heavy towing service. Carry weight shall not be less than 4,000 pounds or less than that needed to carry the transported vehicle safely.
D. 
Each tow vehicle or flatbed vehicle shall be equipped with towing and safety equipment, warning devices such as lights, flares and flags to warn other automobile operators of the presence of a disabled automobile, and mechanics tools to perform complete emergency work, including but not limited to the following:
(1) 
All tow operators shall be required to wear a reflective jacket or vest when towing vehicles on the roadway and all times shall exercise extreme caution and due safety.
(2) 
At least one amber rotating beacon or strobe light mounted on the highest practical location of the vehicle, which when in use shall be visible from 360° at a distance of not less than 500 feet during daylight hours.
(3) 
One snatch block per winch.
(4) 
Safety tow lights or magnetic tow lights for towing vehicles at night. Safety tow lights, red in color, shall be mounted in the rear of the vehicle being towed.
(5) 
Ample chains and cables for pulling or securing a towed vehicle. The working limit of cable shall be noted to include a minimum pulling capacity of 2,500 pounds (3/8 inch cable).
(6) 
At least one broom, shovel, crowbar or pry bar, jumper cables, flashlight, fire extinguisher or dry chemical type having capacity of not less than two pounds, one dozen flares or similar warning devices for placement at the scene of an accident or behind a disabled vehicle, not less than 10 pounds of dry sand or a drying compound for gasoline and oil spilled onto the roadway, and tools sufficient to enable the tow vehicle operator to perform proper and adequate emergency repair services for the tow.
(7) 
Backup alarms on all tow trucks.
E. 
All tow trucks must be in compliance with all safety equipment requirements as listed in N.J.S.A.39:3-1 et seq. and 49 CFR 393.
F. 
No changes may be made to tow vehicles or equipment without prior written approval of the Borough of Clayton Police Department.
G. 
Each tow vehicle shall display two stickers issued by the Department of Licenses and Inspections on the upper left and right side of the driver's door panel and shall have the name and number of the licensed tow operator displayed on the vehicle in such manner and of such lettering as to conform to the provisions of N.J.S.A. 39:4-46.
H. 
Towing operators and their employees shall provide all services required by this chapter at all times and shall be subject to the following requirements:
(1) 
Possess sufficient knowledge, skill and ability to provide minimum road services for disabled vehicles and to adequately remove a vehicle from an accident scene without causing additional damage to the vehicle.
(2) 
Not be mentally or physically impaired.
(3) 
Obey all traffic laws, statutes, regulations and ordinances promulgated by the State of New Jersey and the Borough of Clayton.
(4) 
Be subject to inspection by the Chief of Police or a designee and shall be approved by the Chief of Police prior to rendering any services pursuant to this article.
I. 
The tow vehicles provided by the towing operator shall be of such type and design to properly and safely perform all towing services required by this chapter and shall at all times comply with New Jersey statutes and regulations and be subject to inspection by the Chief of Police or designee.
J. 
All drivers of tow vehicles shall possess at all times a valid New Jersey driver's license and a commercial driver's license where applicable, which shall be subject to inspection by the Chief of Police. Said operator shall obey all traffic laws and shall comply with all statutes and regulations of the State of New Jersey and of the Borough of Clayton.
K. 
The tow vehicles provided by the towing operator shall be geographically located so as to permit a response time within 20 minutes.
L. 
The towing fees and storage fees established by the towing operator shall be conspicuously posted at the towing facility owned or operated by the towing operator, which fees shall not exceed the fees set forth in this chapter.
M. 
At all times the towing operator shall maintain the towing facility in a clean and orderly fashion. Reasonable measures shall be taken by the towing operator to prevent vandalism, theft or damage to automobiles stored therein.
N. 
In the event that automobiles which are towed and stored by the towing operator are abandoned or unclaimed by the owners thereof, the towing operator shall make no claim against the Borough, its agents or employees. Only those vehicles towed from private property or public right-of-way under authorization of either the Zoning Officer or the Police Department, not including accident vehicles, shall be disposed of by the Borough pursuant to N.J.S.A. 39:10A-1 or other appropriate state statutes or state regulations.
O. 
The towing operator operating pursuant to this chapter is an independent contractor and in no sense an agent, servant or employee of the Borough. Said operator shall at all times maintain direct supervision, management and control over all of his/her employees and personnel engaged in the operation or services performed pursuant to this chapter.
P. 
The Borough shall not be responsible for the acts of the towing operator in performing the services contemplated by this chapter. The towing operator agrees to save and hold harmless the Borough from all manner of liability as a result of his/her actions or omissions, whether of a negligent or intentional nature.
Q. 
Towing operators approved for tow list eligibility shall be required to fulfill tow requests of the Zoning Officer and/or the Police Department of the Borough of Clayton. Failure or refusal to remove a vehicle pursuant to directive of the Borough of Clayton shall be cause for removal from the approved tow list.
R. 
The tow operator shall be responsible for ensuring the proper, safe and secure storage of all vehicles towed. The tow operator shall be liable for any and all damage incurred by such vehicles while in transit to or while stored in or at the facilities of the operator.
A. 
Every tow operator on the Police Department tow list shall maintain an inside building and outside secured storage area meeting the following requirements:
(1) 
The storage area shall be capable of storing not fewer than 25 passenger vehicles and one tractor and trailer. The area shall have not less than 800 square feet of inside storage facilities to hold and protect "police hold" vehicles.
(2) 
The storage area shall be located either within the limits of the Borough or at such location outside of the Borough as to facilitate a response time of not more than 20 minutes.
(3) 
Outside storage areas shall be fully enclosed by a fence of sufficient security to prevent trespassing having a height of eight feet, or as otherwise required by Chapter 88, Unified Development, with at least one lockable gate for ingress and egress and shall be lighted from dusk to dawn. (If the storage facility includes more than one access point, then all access points must be secured with appropriate gate and lock.) Fences that existed prior to adoption of this chapter shall be permitted; however, if such fences are replaced, the new fence shall be eight feet in height or as otherwise required by Chapter 88, Unified Development.
(4) 
The storage facility shall be available to the Clayton Borough Police Department 24 hours a day, 365 days per year, and shall be open to the public on weekdays during normal business hours and for limited but reasonable hours on Saturday. The operator shall specify the hours in which the facility will be open to the public on weekends. The storage facility shall release a stored vehicle to the owner thereof on such date as shall have been requested by said owner during normal business hours, after receiving the written tow release from the Clayton Borough Police Department; storage charges shall not accrue beyond the requested date of release.
(5) 
The tow operator shall have an employee on duty during all hours in which the storage facility is open.
(6) 
The tow operator shall not charge a release fee or other charge for releasing vehicles to their owners after normal business hours or on weekends.
B. 
The Borough of Clayton shall not be responsible for processing of licensure and other documents required by the State of New Jersey with regard to vehicles left abandoned at a repair facility. Vehicles left abandoned at a repair facility, including those involved in accidents, are the responsibility of the repair facility, per N.J.S.A. 39:10A-8.
A. 
When performing services under the police tow list to tow and/or store a motor vehicle, the towing charge and storage charge shall not exceed those charges as set forth in this chapter. These are maximum fees that may be charged.
B. 
The fee schedule is effective at the time of adoption of this chapter as follows:
Amount Light Duty
Amount Heavy Duty
Towing:
Tow fee
Days
First mile or less
$110
$450 per hour (payable in 15-minute increments)
Each additional mile
$4
Nights, weekends and New Jersey state holidays
First mile or less
$110
$450 per hour
Each additional mile
$4
Storage:
Inside building
Storage facility capacity per vehicle/per day
$75
$75
Outside secured
Storage facility capacity per vehicle/per day
$50
$50
Additional Fees:
Cleanup
$45 per hour
Oil dry
$15 per bag
Debris bag for parts/stay dry
$3 per bag
Winching fee
$95 per hour basic (1 hour minimum)
Heavy-duty laborer
$65 per man/per hour
Heavy-duty support vehicle
$125 per hour
Vehicle rollover
$125
Lot fee for non-drivable vehicles
$45
Bed cleanup for fluids
$35
Labor for extreme situations
$85 per hour
Extra tow vehicle if needed
$95 per hour
NOTE: Motorcycle tows are 1.5 times the rates for towing.
C. 
The fees set forth on the schedule for towing rates are the maximum charges that shall apply to a motor vehicle for basic towing services.
D. 
The towing rates shall be calculated based on the total distance traveled from the tow vehicle's base of service to the job site and return, by way of the shortest available route. Fractions shall be rounded up to the nearest whole mile.
E. 
Tow vehicles transporting multiple motor vehicles at one time may charge the applicable fee for each such vehicle transported.
F. 
When towing services are otherwise required, the day rate shall apply when the vehicle is transported (pickup and delivery) entirely between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except New Jersey state holidays. The night, weekend and holiday rate shall otherwise apply.
G. 
The Chief of Police shall post fees available to the public during normal business hours along with a copy of this chapter and the fee schedules of licensed towing operators.
H. 
Payment from the public shall include credit cards.
A. 
The Zoning Officer shall be responsible for the enforcement of the provisions of this chapter pertaining only to storage facilities.
B. 
The Borough of Clayton Police Department may authorize the towing and storage of motor vehicles located on public streets or public property which are unregistered, abandoned, or illegally parked, or which are permitted to be towed and stored pursuant to state statute or state regulations.
C. 
A tow operator shall not tow motor vehicles located in the public right-of-way or on private property unless authorized to do so by the owner of the vehicle, or by the Police Department or Zoning Officer. This chapter, however, does not preclude a towing operator licensed by the Borough or state from towing motor vehicles located on private property in accordance with state licensure privileges.
D. 
Motor vehicles which remain unclaimed by the owner or other person having legal right thereto shall be disposed of pursuant to the applicable provisions of Title 39 of the New Jersey Statutes. The last known owner of an abandoned vehicle, or the owner of the property from which an abandoned vehicle is removed, shall be responsible for all towing fees or charges, storage fees or charges, road service fees or charges, and any other fees permitted by law.
E. 
The Borough shall make periodic inspections of facilities, equipment and service and, upon request, shall be provided full access to equipment or property. Such inspections shall be made quarterly, semiannually, or annually, as determined by the applicable Borough official, but in no case shall such inspections be made less than annually.
F. 
The Clayton Borough Police Department, responsible for enforcement of this chapter, shall establish a procedure to process complaints received by the Police Department regarding any licensed towing operator, including, without limitation, charging of fees in excess of those permitted hereunder, or damage to vehicles, and failure to notify a vehicle owner of the location of the motor vehicle towed. The Internal Affairs Division of the Police Department will investigate any complaints. Any fee not specifically covered in this chapter shall have a "reasonableness test" applied for the purpose of investigating the complaint.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
The Police Department shall have the right to store at its own facilities motor vehicles towed at its direction or confiscated in suspected crimes. All licensed towing operators shall extend storage to the Borough of Clayton Police Department at no cost and, if so requested, shall provide separate storage space for exclusive use of the Police Department also at no cost. Abandoned vehicles or vehicles confiscated by the Police Department are to be stored as authorized by the Police Department to assure protection of the vehicle and to provide security of said vehicle until appropriately disposed of by the Police Department.
H. 
All tow company owners will be permitted to apply for junk and abandoned titles for vehicles that are unclaimed for a minimum of 30 days. The tow company owner will be responsible for completing all the required paperwork and any and all fees associated with this process as defined under the provisions of N.J.S.A. 39:10A-1. The Borough will send to the New Jersey Division of Motor Vehicles all completed paperwork after it has been verified. All titles approved by the New Jersey Division of Motor Vehicles will be then turned over to the tow company owner who applied.
I. 
All towing operators shall provide adequate public posting of charges at their primary place of business and storage facility.
J. 
Towing operators shall not pile vehicles or park towed vehicles on public streets or sidewalks.
K. 
All towing operators shall maintain a record of each motor vehicle towed, stored, and released, and of all services rendered. Such records shall be maintained at one central location and retained for a period of not less than five years.
A. 
Pursuant to the Spill Compensation and Control Act, including N.J.S.A. 58:10-23.11g(c), any person in any way responsible for a discharge of petroleum or hazardous substances shall be strictly liable, jointly and severally, without regard to fault, for all costs of cleanup and removal of the discharge from the public right-of-way and private property within the area of the spill. The tow operator and/or facility owner shall be responsible for the cleanup and removal of any spill or discharge of petroleum or hazardous substances at its storage facility. The facility owner may choose to take action against the vehicle owner for the cost of such cleanup and removal. The responsible party shall contact the New Jersey Department of Environmental Protection Action Line to report any spills or leaks as required by N.J.S.A. 58:10-23.11e.
B. 
Whenever any petroleum or hazardous substances are discharged on public property or within the public right-of-way, the County Department of Health and Human Services may, in its discretion, act to remove or arrange for the removal of such discharge, or may direct the responsible party to remove or arrange for the removal of such discharge. The County Department of Health and Human Services shall monitor compliance with any cleanup directives. Pursuant to N.J.S.A. 58:10-23.11f, any person who fails to comply with a cleanup directive shall be liable to the Borough in an amount equal to three times the cost of such removal.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person violating any of the provisions of this chapter or any rule or regulation promulgated pursuant hereto shall, upon conviction, be subject the penalty provided in Chapter 1, General Provisions, Article I, Enforcement; General Penalty, § 1-2, Maximum penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).