The purpose of this chapter is to establish towing and storage
fees that shall be charged in the Borough of Hawthorne pursuant to
N.J.S.A. 40:48-2.49 and to establish standards and procedures for
a rotating list of towing operators to respond to requests for service
by the Police Department of the Borough of Hawthorne.
[Amended 2-15-2017 by Ord. No. 2174-17; 2-15-2023 by Ord. No. 2305-23]
The following is the fee schedule for Towing and Storage Services
pursuant to NJSA 40:48-2.49, when requested by the Borough:
A. Towing, basic:
(1) Light-duty, up to 10,000 lbs: Hookup, $155, plus $7 per loaded mile.
(2) Medium-duty, 10,001 to 16,000 lbs: $300 per hour.
(3) Heavy-duty, 16,001 lbs. and up: $500 per hour.
(4) Decoupling fee (if no tow takes place): 1/2 of basic rate.
B. Recovery/winching (in addition to towing, per truck, including driver):
(1) Light/medium, 10,000 to 16,000 lbs.: $300 per hour.
(2) Heavy, 16,001 lbs. and up: $650 per hour.
C. Specialized recovery equipment:
(1) Rate in accordance with published Maximum New Jersey State Police
Rates.
D. Labor (all labor minimum one hour):
(1) Accident, minor cleanup and debris removal: $75 per hour, plus cost
of absorbent material.
(2) Additional personnel:
(a)
Certified tow operator: $150 per hour.
(b)
Manual labor: $125 per hour.
(c)
Recovery supervisor/Level III recovery specialist: $250 per
hour.
E. Storage:
(1) Cars/light Truck, 10x20 space: $50 per day.
(2) Trucks (dual wheels)/single-axle: $125 per day.
(3) Tractor/dump truck/trailer/tractor and trailer combo: $125 per day,
per unit.
(6) Cargo/accident debris/load storage/vehicle components (10 x 20 space):
$50 per day, per space.
In order to establish a nondiscriminatory and nonexclusionary
system for the Police Department to request and assign towing services
in the Borough of Hawthorne, as may be required in connection with
damaged, abandoned or otherwise inoperative vehicles under the jurisdiction
and responsibility of the Police Department, whether at an accident
scene or within the public roadways, or on private property when requested
by the owners thereof, the following guidelines and procedures are
hereby established.
A. General.
(1) Towing operators meeting the qualifications set forth below shall
submit a request, in writing, to the Chief of Police to be considered
for placement on a list of towing operators. The Chief of Police or
his designee shall compile a rotating list of towing operators with
types of vehicles required to service the needs of the Borough of
Hawthorne as determined by the Hawthorne Police Department and to
amend and supplement the list from time to time.
(2) The Chief of Police or his designee shall maintain the rotating list
for a period of 12 months effective January 1.
(3) Towing operators shall be selected from licensees who comply with
the requirements of this chapter.
(4) A background check of eligible towing operators shall be completed
within 30 days of the request to be considered for placement on the
list of towing operators.
(5) The Hawthorne Police Department shall establish towing zones and
assign callout weeks from the rotating list.
A towing operator, in order to be considered for the rotating
list, shall pay an annual license fee in the amount of $100 for each
light-duty, or flatbed, towing truck, and $500 for each heavy-duty
truck (gross vehicle weight of 32,000 pounds or greater), on or before
January 1 of each year, and, in addition, shall be required to meet
the following qualifications:
A. The towing operator shall be of good business character and reputation.
B. The towing operator shall undergo a background check conducted by
the Police Department of the Borough. The conviction of any crime
or an offense involving moral turpitude may act to disqualify the
towing operator. A disqualification may be waived by the Borough upon
the showing of good cause.
C. The towing operator must have five years' experience in the towing
and storage of vehicles as an owner/operator or as an employee of
a towing company.
D. The towing operator must be able to supply equipment from Subsection
D(1) and/or
(2) as follows:
(1) Wrecker/tow truck equipped with a boom and a rollback flatbed truck.
Both vehicles shall be capable of towing vehicles up to a five-ton
limit.
(2) Both of the vehicles required in Subsection
D(1) and a vehicle with the lifting capacity of towing vehicles of at least five tons to 20 tons. This wrecker/tow truck shall be equipped with a boom.
E. The towing operator must be able to provide towing services 24 hours
a day, seven days a week, for the Borough on a rotating basis, at
the direction of the Police Department.
F. The towing operator must be able to respond to a call within a fifteen-minute
time period under normal conditions, but in no event be located more
than five road miles from the Borough.
G. The towing operator shall show proof that he owns or leases a minimum
storage area for at least 10 vehicles. Said proof shall include the
deed or deeds to the property, or the leases to same. Minimum storage
area shall be exclusive of any other contract obligations on the part
of the towing operator.
H. Towing operators shall provide proof of ownership of the vehicles
to be used for towing. Subcontracting shall not be permitted.
I. The towing operator shall be considered an independent contractor
and shall not represent to the public that he is an employee of the
Borough.
The equipment to be used by the towing operator shall meet the
following requirements:
A. All equipment must be of the type, condition and design to efficiently
perform the work required by the Borough of Hawthorne.
B. All wreckers/tow trucks with boom and roll-back flatbeds (hereafter
known as "trucks") to be used by the towing operator must be of such
construction and capacity that they will be able to tow any type vehicle,
including vehicles that are upright, overturned or without wheels.
These trucks must be found satisfactory by the Borough of Hawthorne
Police Department.
C. All trucks shall be equipped with a two-way radio capable of transmitting
and receiving from the towing operator's office to anywhere in the
Borough, on a twenty-four-hour basis.
D. All trucks shall be provided with a serviceable (properly rated)
fire extinguisher.
E. All trucks shall be equipped with all standard trade tools. These
shall include, but not be limited to, wrecking bar, hammers, screwdrivers,
etc.
F. The towing operator shall provide all trucks with a shovel, broom
and other equipment necessary to clean up broken glass and debris
from the scene of any accident to which they are summoned. The towing
operator shall be responsible for the subsequent cleanup. Each truck
shall have a minimum of 50 pounds of dry sand or a drying compound
for oil and/or any other liquid, except gasoline, that might be spilled
onto a roadway as a result of an accident. If gasoline is spilled
as a result of any accident, it shall be the responsibility of the
Police Department to notify the Fire Department for immediate removal.
Absorbed liquids, other than gasoline, shall be removed from roadway,
placed in plastic bags and then placed in towed vehicle, by the towing
operator, and shall be disposed of by the owner of said vehicle.
G. All trucks used by the towing operator shall be kept in a clean,
good working condition. The towing operator shall have displayed on
all of his trucks in such a manner and of such lettering as conforms
to the provisions of N.J.S.A. 39:4-46.
H. Each towing operator shall furnish the following information with
respect to the aforementioned trucks: make, model, year and registration
number of each truck. A photostatic copy of each registration and
insurance card shall also be included. For leased trucks, the towing
operator shall be required to furnish a copy of each lease. Only trucks
listed shall be used by the towing operator.
The towing operator shall have an impound area that meets the
following requirements:
A. Land area used for storage or vehicles shall be paved or stoned,
and the area shall facilitate reasonable towing distances.
B. Signs which readily identify the storage facility and which comply
with all applicable laws shall be installed.
C. No towed vehicle shall be parked upon a public or private street
or sidewalk. Said vehicle shall be stored by the towing operator within
the storage area so provided.
D. All vehicles stored by the towing operator shall be reasonably secure
and safeguarded for vandalism and/or theft.
E. The Borough of Hawthorne Police Department shall have access to any
part of the impound area at any time, day or night, for the purpose
of inspection and/or investigation. This shall include indoor and
outdoor areas.
F. There shall be no unescorted access to any vehicle stored in the
aforementioned impound area by the public. Said area shall be posted
in accordance with Hawthorne Police Department regulations.
G. The towing operator shall conspicuously post at his place of business
the fee schedule for storage and towing of vehicles.
H. There shall be no piling of vehicles.
I. The towing operator shall maintain a place of business where trucks,
in response to police requests, shall normally be kept.
The employees of the towing operator shall meet the following
requirements:
A. Employees of the towing operator shall under no circumstance be deemed
an agent, servant or employee of the Borough or represent to the public
that he/she is an employee of the Borough of Hawthorne.
B. No person shall be employed by the towing operator unless he/she
has obtained a record check and has been approved by the Borough of
Hawthorne Police Department.
C. Each employee shall be provided with an I.D. tag by the towing operator.
It shall be of sturdy construction, include the employee's photograph
and shall be worn on the outer garment of the employee.
D. The towing operator and his employees are prohibited from collecting
or attempting to collect a fee, commission, pay or charge other than
as provided for in this chapter. Each towing vehicle shall carry a
laminated copy of the fee schedule, which shall be shown to the motorist,
if available, at the scene of the towing hookup.
E. The towing operator shall indicate the number of employees who will
be on the day shift and the number to be assigned to the night shift,
on a seven-day-a-week basis.
F. The towing operator shall provide the Police Department with a list
of said personnel and their driver's license numbers for verification.
G. Employees shall have a valid CDL license or state required license
to operate appropriate towing vehicles.