[HISTORY: Adopted by the Municipal Council of the Borough
of Hawthorne 4-21-1999 by Ord. No. 1721 (Ch. 208 of the 1989
Code). Amendments noted where applicable.]
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:
C.
Specialized recovery equipment:
(1)
Rate in accordance with published Maximum New Jersey State Police
Rates.
D.
Labor (all labor minimum one 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.
(4)
Buses: $150 per day.
(5)
Roll-off: $125 per day.
(6)
Cargo/accident debris/load storage/vehicle components (10 x 20 space):
$50 per day, per space.
A.
The towing operator shall maintain records of all vehicles towed,
stored and released by him. Records shall be kept for a four-year
period. These records shall include the name of the responding police
officer, the date and time of tow in, destination towed, vehicle tag
number and state, vehicle identification number, make, model, color
and year of vehicle, charges to owner of vehicle, disposition of vehicle
and date thereof.
B.
The towing operator shall maintain a record of all property found
anywhere in the towed vehicle, including the trunk and glove compartment
when open and where a key is available.
C.
The Borough of Hawthorne shall have access to any and all of these
records if so requested.
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.
(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.
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.
A.
The towing operator shall provide and maintain the following types
of insurance to be obtained from insurance companies licensed to do
business in the State of New Jersey and acceptable to the Borough
and shall provide the Borough with certificates of insurance showing
proof of the following required coverages:
(1)
Automobile liability in an amount not less than $1,000,000 combined
single limits.
(2)
Workers' compensation as required by statute.
(3)
Garage keepers liability in an amount not less than $60,000 per location.
(4)
Garage liability in an amount not less than $1,000,000 combined single
limit.
(5)
Comprehensive general liability in an amount not less than $1,000,000.
B.
Policies shall be endorsed to provide collision coverage for vehicles
in tow.
C.
All policies shall name the Borough as an additional insured.
D.
All policies must contain a provision requiring notification to the
Borough of any policy cancellation or revision.
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.
A.
All complaints received by the Borough regarding a towing operator's
performance under the provisions of any part of this chapter shall
be investigated by the Chief of Police or his designee and resolved
to the satisfaction of all parties. In the event that the complaint
cannot be resolved to the mutual satisfaction of the parties, the
matter shall be submitted to the Chief of Police or his designee.
The decision of the Chief of Police or his designee shall be final.
B.
The towing operator shall at all times comply with this chapter,
or the Borough shall remove the towing operator from the rotating
list (if applicable) after notification and an opportunity for a hearing
conducted by the Chief of Police.
C.
The Chief of Police is hereby designated to enforce the provisions
of this chapter in accordance with due process of law.
