[HISTORY: Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus 11-24-2009 by Ord. No. 957.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 46.
Vehicles and traffic — See Ch. 79.
[1]
Editor's Note: This ordinance also repealed former Ch. 75, Towing Services, adopted 3-24-2009 by Ord. No. 950.
As used in this chapter, the following terms shall have the meanings indicated:
AUTOMOBILE
A motor vehicle of a private passenger, sport utility or station wagon type that is owned or leased and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body or delivery sedan, a van or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the owner(s).
BASIC TOWING SERVICE
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 or berm or from being impaled upon any other object within the right-of-way or berm.
COMMERCIAL VEHICLE
Any vehicle other than that as defined as an "automobile" pursuant to the definitions as contained in this chapter.
INSIDE BUILDINGS
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.
MOTOR VEHICLE ACCIDENT
An occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the owner or operator of the motor vehicle, even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the owner or operator of the motor vehicle.
OUTSIDE SECURED
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. The facility is to be lighted at night.
OUTSIDE UNSECURED
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."
RECOVERY
To retrieve from a location off the roadway, upright, a rolled over vehicle; if the vehicle is underneath or impaled onto another object, then it must be recovered.
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
The maximum allowable amount to be charged by a storage facility for a calendar day or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.
[Amended 3-26-2019 by Ord. No. 2019-23]
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or underreach equipment specifically designed by its manufacturer for the removal or transport of motor vehicles.
TOW VEHICLES BASE OF SERVICE
The towing operator's principal places of business where the tow vehicle is stationed when not in use.
[Amended 3-26-2019 by Ord. No. 2019-23]
WINCHING
If a vehicle has flat tires and/or does not roll freely, then the vehicle must be winched.
A. 
The Borough Council shall appoint persons or companies meeting the criteria set forth in this chapter and engaged in the business of offering the services of a motor vehicle towing or wrecker service, whereby damaged or disabled motor vehicles are towed or otherwise removed from the place where they are damaged or disabled, by use of a tow vehicle, as defined in this chapter. Such persons or companies shall be known as "official towers."
B. 
Official towers shall be identified by means of a license that shall be issued in accordance with the provisions of this chapter.
C. 
Not less than 75 days prior to the beginning of each three-year term of an official towers license, the Borough shall advertise for applications for towing licenses for providing towing services pursuant to this chapter. The advertisement shall be published in the legal newspapers of the Borough.
D. 
All applicants shall submit their applications at least 60 days prior to the commencement date for each three-year period, and the applications shall be reviewed in accordance with the procedures set forth in this chapter. The award of a license to the successful applicants shall be subject to compliance with the license requirements of this chapter.
E. 
For the purposes of the licenses to be awarded pursuant to this chapter, in the year in which it is adopted, the initial term of the license shall be from the date the license is issued until December 31 of that year. A license issued thereafter shall be for a three-year period commencing on January 1 of the year in which it was issued and terminating three years thereafter.
F. 
Notwithstanding the provisions of this chapter that provide for a three-year term of the license, official towers shall submit, no later than December 1 of each year that the towing license is in effect, a detailed certification certifying that the official tower meets the requirements of this chapter in regard to the issuance of licenses. Said certification shall be submitted to the Ho-Ho-Kus Police Department for review and approval by the designated administrative officers. Failure to submit the certification or failure to continue to abide by the requirements of this chapter in regard to the issuance of a towing license shall subject the official tower to revocation of the license in accordance with the procedures contained herein.
A. 
Official towers shall furnish adequate and proper wrecking, towing, storage and emergency repair services to motor vehicles damaged or disabled within the limits of the Borough, when requested to do so by the Borough of Ho-Ho-Kus Police Department's authorized designee.
B. 
No official tower shall subcontract any work to be performed pursuant to this chapter except in an emergency situation. The Borough of Ho-Ho-Kus will, within reasonable discretion, maintain objective guidelines on file as to emergencies and use of subcontractors. Any official tower shall be responsible for the services performed by the subcontractor and shall remain liable for any violation of this chapter by the subcontractor.
A. 
Applications for inclusion on the official towers list shall be made to the Borough Council upon a form prepared by the Police Department and approved by the Borough Attorney and shall contain all of the following information:
(1) 
The name, residence and business addresses and telephone number of the owner of the towing company. If the owner is a corporation, the application shall contain the name, residence and business address and telephone number of every stockholder owning more than 10% of the issued stock.
[Amended 3-26-2019 by Ord. No. 2019-23]
(2) 
Such information as may be required by the Mayor and Council concerning the personnel, vehicles, equipment and storage facilities of such applicant, as hereinafter provided, showing that the applicant meets the minimum standards of performance.
(3) 
Policies or certificates of insurance coverage as hereinafter provided.
(4) 
The names and addresses of two business references who have known the applicant for at least two years.
(5) 
Certification that the applicant will be able to provide towing services anywhere in the Borough with a maximum response time of 20 minutes, except when extraordinary circumstances occur.
(6) 
Certification that the applicant will be available for service on business premises 24 hours a day, seven days a week, and that they will abide by the fees contained in or referred to in this section.
(7) 
Consent to certification that will consent to appointment of the Borough Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.
(8) 
A sketch plan showing the location of the storage area, the number of cars that can be stored and the total square footage area of the storage area.
(9) 
An agreement to abide by the general rules and regulations established by the Police Department in connection with towing procedures within the Borough.
B. 
The applicant shall submit completed duplicate applications to the Borough Administrator, who shall forward a copy to the Public Safety Director for his review and approval. The review by the Borough of Ho-Ho-Kus Police Department shall consist of the following:
(1) 
A background check to determine if either the applicant or the applicant's personnel have been convicted of a criminal offense or have had their driver's license suspended or revoked within the past year. Conviction of a criminal offense or suspension of a driver's license within the past year shall be a cause for disqualification from inclusion on the official towers list.
(2) 
An inspection of the personnel, vehicles, equipment and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with applicable laws and regulations and the standards of performance required by this chapter.
C. 
An applicant may be included on the official towers list by the Borough Council, by resolution adopted at a regular public meeting, when, from a consideration of the application and from such other information as may otherwise be obtained, they find that all of the following circumstances exist:
(1) 
The applicant has not knowingly, and with intent to deceive, made any false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this chapter.
(2) 
The applicant has met the standards in this chapter and has forwarded the required hold harmless agreement and policies or certificates of insurance which shall be reviewed and approved by the Borough's risk management consultant.
(3) 
The application has been reviewed and approved by the Police Department designee.
(4) 
Neither the applicant nor the applicant's personnel have been convicted of a criminal offense within the past year.
[Amended 3-26-2019 by Ord. No. 2019-23]
D. 
The Ho-Ho-Kus Police Department shall conduct a review and render a report to the Borough Council recommending either approval or denial of the application within 45 days of receipt of the application. The Borough Council shall take action with regard to the application within 45 days of receipt of the report of the Police Department. The applicant, or its representative, shall be given notice of the date on which the Borough Council will consider the application and shall be permitted to appear and be heard at that time.
E. 
Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Borough Council.
F. 
If the Borough Council fails to take action within 60 days of receipt of a complete application, the application shall be deemed to have been denied.
A. 
Upon approval of the application as herein provided, the Borough Administrator shall issue the applicant an official towers license to be utilized in providing services pursuant to this chapter.
B. 
Said licenses shall be in a form approved by the Borough Council.
C. 
The licenses shall be valid for the three-year period as set forth in this chapter, shall be nontransferable and shall be subject to revocation by the Borough Council for any of the following reasons:
(1) 
If it is subsequently determined that the applicant knowingly, and with intent to deceive, made false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this chapter.
(2) 
Violation of any federal or state law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.
(3) 
Violation of any rule or regulation promulgated by the New Jersey Department of Insurance.
(4) 
Unsatisfactory service provided pursuant to this chapter.
(5) 
Failure to annually certify compliance with the requirements of this chapter as required by § 75-2.
D. 
The license fee for the license issued under this section shall be $100 per year. The fee for the annual review of certification and inspection of vehicles and equipment submitted by the official tower pursuant to § 75-2 of this chapter shall be $50.
E. 
Licenses shall not be transferable without the consent of the Borough Council, if the licensee demonstrates that the transferee complies with all of the requirements of this chapter.
To qualify for inclusion on the list of official towers, applicants must meet the following minimum standards:
A. 
Minimum vehicle requirements.
(1) 
Every official tower shall own or lease for use in performing the services required by the license the following pieces of equipment:
(a) 
Two light-duty wreckers.
(b) 
Three flatbed trucks.
(c) 
One medium-duty wrecker.
[Amended 3-26-2019 by Ord. No. 2019-23]
(d) 
One heavy-duty hydraulic wrecker, with at least thirty-ton capacity and three-stage underreach.
[Amended 3-26-2019 by Ord. No. 2019-23]
(2) 
Vehicle classes.
(a) 
Regular tow vehicles must be equipped with a boom or winch assembly mounted on the chassis, a dolly assembly, a tow sling or wheel lift assembly with at least 100 feet of either three-eighths-inch or seven-sixteenths-inch wire rope attached to a motor-driven winch.
(b) 
Flatbed vehicles must be equipped with a winch or hydraulically operated bed which slides or tilts to accommodate transporting of vehicles.
(3) 
Every official tower shall have available a heavy-duty wrecker, and underreach shall be rated at 35,000 pounds and shall be capable of towing new-style buses and trucks with fiberglass front ends.
(4) 
All equipment shall comply with all state and federal regulations and all vehicle operators shall possess a CDL license for over 26,000 pounds.
[Amended 3-26-2019 by Ord. No. 2019-23]
(5) 
Each applicant shall submit, along with its application, proof of ownership, lease or other written agreement demonstrating availability as needed of the vehicles which will be utilized to provide services pursuant to this section.
B. 
Minimum equipment requirements.
(1) 
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a) 
At least one amber rotating beacon or strobe light mounted on the highest practical location of the vehicles, visible from 360° when in use and visible at a minimum distance of 500 feet during daylight hours.
(b) 
One snatch block per winch.
(c) 
Safety tow lights or magnetic tow lights for towing vehicles at night, amber colored.
(d) 
Appropriate chains/wire rope/nylon straps for pulling or securing a towed vehicle.
(e) 
At least one heavy-duty broom, a shovel, a crowbar or prybar, a set of jumper cables, a flashlight, one two-pound or larger fire extinguisher of dry chemical type, one dozen flares or similar warning devices for placement at the scene of an accident or behind a disabled vehicle, at least 40 pounds of dry sand or a drying compound for gasoline and oil spilled onto the roadway and a container of sufficient size to remove the used compound, and a sufficient quantity and types of tools to enable the tow operator to perform proper and adequate emergency repair services for the tow.
(2) 
Every tow vehicle or flatbed vehicle shall comply with any and all state, federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and shall be subject to inspection by the Police Department at any time. No changes may be made in said vehicles or equipment unless prior written approval is obtained from the Borough.
(3) 
Every tow vehicle or flatbed vehicle shall display the official towers license and shall have the name of the official tower displayed on the vehicle in such manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
(4) 
All towing operators' trucks must be equipped with either two-way radio and/or mobile telephone communications equipment with their principal place of business, including their garage and/or office facilities, to ensure the proper availability of services and equipment on behalf of the Borough and motorists.
(5) 
The towing operators' wrecker(s) and all other vehicles shall be properly licensed and registered with the New Jersey Division of Motor Vehicles.
(a) 
Towing operators' vehicles shall display New Jersey commercial license plates and registrations issued to the licensed towing service.
[Amended 3-26-2019 by Ord. No. 2019-23]
C. 
Minimum personnel requirements; availability and response time.
(1) 
Official towers shall have available, at all times, a minimum of two persons to provide the services required by this chapter. All persons employed by official towers to provide the services required by this chapter shall meet the following requirements and be subject to the following regulations. They shall:
(a) 
Be competent mechanics able to provide minimum road service for disabled vehicles;
(b) 
Have a valid driver's license having no restrictions or conditional endorsements other than a condition requiring the wearing of eyeglasses;
(c) 
Be mentally alert and present a neat appearance at all times;
(d) 
Obey all traffic laws and regulations;
(e) 
Be subject to inspection by the Police Department of the Borough and shall be approved by the Borough prior to rendering any services pursuant to this chapter;
(f) 
Not have been convicted of a crime within the past year.
[Amended 3-26-2019 by Ord. No. 2019-23]
(2) 
Employees of the towing operator, in responding to a call, shall request and be afforded police assistance during the course of providing towing, emergency road services or removal of abandoned or accident vehicles when such employees find it necessary to turn around, back up, tow in the opposite direction of traffic, or cross the median.
(3) 
A towing operator shall not permit a vehicle to be removed from the site of a vehicular accident, the scene of a crime or any other instance or situation without the prior approval and permission of a police officer and/or superior at the scene.
D. 
Minimum storage requirements.
(1) 
Every official tower shall maintain an outside secured storage area meeting the following requirements:
(a) 
The storage area shall be at least 6,000 square feet and capable of storing a minimum of 10 passenger vehicles and one tractor and trailer. The area shall have additional storage of at least 800 square feet of storage facilities to hold and protect police hold vehicles.
(b) 
The location of the towing facility and storage area shall be within a one-mile radius from any borderline of the Borough of Ho-Ho-Kus. This location is established to ensure reasonable response and towing distances.
(c) 
The storage area shall be fully enclosed by a sturdy fence having a minimum height of six feet, with at least one lockable gate for ingress and egress, and shall be lighted from dusk to dawn.
(d) 
The storage area shall be in an area legally zoned for such use and shall have video surveillance. A certificate of occupancy for towing and storage use is required.
[Amended 3-26-2019 by Ord. No. 2019-23]
(e) 
The storage facility shall be available 24 hours a day, 365 days per year and shall be open to the public on weekdays during normal business hours and for four hours on Saturdays. The applicant shall specify the hours on which the facility will be open on Saturdays. The applicant is not required to be open on Sundays or federal/state holidays.
[Amended 3-26-2019 by Ord. No. 2019-23]
(f) 
The official tower shall have an employee on duty during all hours in which the storage facility is open.
(g) 
The hours of release for any impounded vehicles are Monday through Friday from 8:00 a.m. to 4:30 p.m. If the owner of the vehicle is requesting that the vehicle be released after hours, there will be a $75 fee for after-hours release when the tower is available to do so.
[Amended 3-26-2019 by Ord. No. 2019-23]
(h) 
The applicant shall, with its application, submit proof of ownership or lease of the storage area.
(i) 
The official tower shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this chapter. The official tower shall be liable for any damage incurred by such vehicles while in transit to or while stored in the storage areas.
A. 
Official towers shall be placed on the official towers list at the beginning of each three-year period in accordance with the procedures as set forth in this chapter. The official towers shall rotate on the list for one week at a time or for such a period as designated by the Borough of Ho-Ho-Kus. The one-week rotation shall commence at 12:00 midnight Sunday and terminate at 11:59 p.m. the following Saturday.
B. 
The Borough shall request wrecking, towing and storage services from each official tower in rotation. When called, the tower shall advise the dispatcher if a vehicle is available and the estimated time of arrival. If no tow vehicle is available or if, in the discretion of the Borough official making the request, the response time is insufficient under the circumstances to properly protect the public health, safety or welfare, the next official tower on the list shall be called for that particular towing event.
C. 
All requests for service shall be made by the Police Department.
D. 
The Police Department shall request service only from official towers; provided, however, that if no emergency or imminent road hazard exists, the Borough shall request such service from such other person as the owner of the motor vehicle in need of such services may request; and provided further that, if none of the official towers are available or able to provide such services as are requested by the Borough, or if an emergency exists, the Borough may request such services from any other available source.
E. 
During adverse weather conditions, heavy traffic conditions or emergency conditions, official towers shall give priority to requests from the Borough over any other requests which may be received by the official towers.
The applicant shall agree, in writing, to assume the defense of and indemnify and hold harmless the Borough, its elected officials, boards, commissions, officers, employees and agents from all suits, actions, damages or claims, fees, costs, expenses, fines or penalties to which the Borough may be subjected of any kind and nature whatsoever resulting from, caused by, arising out of or as a consequence of the provisions of towing, wrecking, storage and/or emergency services provided at the request of the Borough pursuant to this chapter. Official towers shall enter into a hold harmless agreement in a form to be prepared by the Borough Attorney prior to being included on the official towers list.
The tower shall maintain, during the life of its license, insurance policies of the type and with the minimum limits indicated below and in a form satisfactory to the Borough. The tower shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the Borough prior to commencement of work. All policies and/or certificates shall be submitted to the Borough risk management consultant for review and approval.
A. 
Garage liability insurance. Limit of liability shall not be less than $1,000,000 combined single limit (bodily injury and property damage) per occurrence, including premises operations and products/completed operations.
B. 
Liability insurance.
(1) 
Automobile liability insurance. Limit of liability shall not be less than $1,000,000 combined single limit (bodily injury and property damage) per occurrence.
(2) 
General property damage and liability insurance. Limit of liability shall not be less than $1,000,000 combined single limit.
C. 
Garage keepers insurance. Physical damage insurance policies shall be specifically endorsed to provide direct primary insurance, where applicable, for vehicles in tow, possession of, or storage on property owned or controlled by the tower. Limit of said coverage shall be not less than $100,000.
D. 
Excess umbrella insurance. Limit of liability shall be not less than $1,000,000 providing protection in excess of the garage, auto liability coverage and general property damage and liability coverage of $1,000,000.
E. 
On all liability policies, the Borough shall be added as an additional insured, and insurance policies and/or certificates shall indicate such coverage as primary coverage notwithstanding any insurance carried by the Borough.
F. 
Workers' compensation insurance: New Jersey statutory coverage, including employer's liability coverage.
G. 
The tower shall indemnify the Borough and the public against any loss due to injuries, accident or damages of any character whatsoever where any such damage is the result of an act or omission of the tower, his agents or employees in or due to the execution of the work called for under the contract.
H. 
Certified copies of all insurance policies provided above or certificates thereof satisfactory to the Borough of Ho-Ho-Kus shall be furnished forthwith. Each such policy or certificate shall contain a provision that it is not subject to material change, cancellation or nonrenewal unless 30 days' prior written notice via certified mail/return receipt shall have been given to the Borough of Ho-Ho-Kus by the tower's insurer. These must be received 30 days prior to commencement of work.
I. 
The providing of any insurance required herein does not relieve the tower of any of the responsibilities or obligations assumed by the tower for which the tower may be liable by law or otherwise.
J. 
If any policies contain a deductible or copayments, it shall be the responsibility of the tower to pay such sums at the same time a claim is settled by the tower's insurance company.
K. 
If any policies contain limits of liability with an aggregate limit, the tower or tower's insurance company shall provide the Borough, quarterly during the policy period, a statement evidencing the limits of liability required under the contract to be in force.
L. 
Policies of insurance required by this section shall be maintained in full force and effect at all times. In the event that any coverage is canceled, terminated or coverage decreased in amount, the same shall constitute a material breach of the license, and the tower shall be immediately removed from the official towers list until such time as required coverage is reinstated.
M. 
All policies shall be written by either a company licensed to do business in the State of New Jersey or a New Jersey eligible surplus lines company, with a minimum best rating of A-VII (A minus seven). They shall be written on an ISO (Insurance Services Office) form or better.
[Amended 3-26-2019 by Ord. No. 2019-23]
A. 
Fees for towing and storage of private passenger vehicles, damaged in an accident or recovered after being stolen, may not exceed the fees established by the New Jersey Department of Insurance.
B. 
The following is a fee schedule for basic automobiles, motorcycles, motorized bikes, towing services and heavy-duty recovery.
C. 
(Reserved)
D. 
(Reserved)
E. 
(Reserved)
F. 
Additional services.
(1) 
If tower is called by police and arrives on the scene and owner refuses services or no service is required, there is a fee of $75 for the tow truck responding.
(2) 
The following fee schedule applies in lieu of the foregoing repealed fees:
Road Services Only
Type
Fee
Cars (light)
$125 per hour plus parts
Trucks (medium/heavy)
$175 per hour plus parts
Towing: Basic
Type
Fee
Light-duty - up to 8,000 pounds
Hook up $150
Medium-duty - 8,001 to 16,000 pounds
$250 per hour
Heavy-duty - 16,001 and above
$500 per hour
Decoupling fee (if tow is not performed)
1/2 of basic rate
Light-Duty On Hook Mileage When Vehicle Is Not Towed To Storage Yard Or Towed Out-of-Town
Type
Fee
Light-duty
$6 per loaded miles
Medium-duty
N/A
Heavy-duty
N/A
Note: Light-duty vehicles to be towed out-of-state will require an agreed price and/or hourly rate.
Recovery/Winching (In Addition to Towing per truck including driver)
Type
Fee
Light/medium-duty up to 16,000 pounds
$350 per hour
Heavy-duty 16,001 and above
$600 per hour
Specialized Recovery Equipment
Type
Fee
Rotator/crane recovery unit
$1,200 per hour
Tractor with landoll trailer or detach trailer
$450 per hour
Tractor/transport hauler only
$250 per hour
Refrigerated trailer with/tractor
$450 per hour
Box trailer with tractor
$400 per hour
Air cushion unit
$1,000 per hour
Light tower
$250 per hour
Pallet jack
$200 per hour
Rollers
$200 flat hour
Any other specialized equipment
$250 per hour
Loader/backhoe/telescopic handler/bulldozer/bobcat
$300 per hour each
Forklift
$300 per hour
Dump truck/dump trailer with tractor
$350 per hour
Roll-off with container
$350 per hour plus disposal
Recovery supervisor vehicle
$150 per hour
Scene safety equipment, communication equipment, traffic management equipment, etc.
$250 per hour each type used
Recovery support vehicle/trailer, additional recovery equipment
$350 per hour
Labor: All Labor Minimum of One Hour
Type
Fee
Accident minor clean-up and disposal of debris
$75 per hour one hour minimum plus absorbant materials used
Recovery supervisor and/or level III recovery specialist
$225 per hour
Certified towing operator
$125 per hour per man
Manual laborers
$100 per hour per man
Storage Per Calendar Day (Inside Rates Two Times Outside Rate)
Type
Fee
Cars/light trucks ten-foot by twenty-foot space
$45 per day
Trucks (dual wheels)/single axle
$90 per day
Tractor/dump truck/tractor and trailer combo/trailers
$125 per unit per day
Buses
$150 per day
Roll-off
$125 per day for each
Cargo/accident debris/load storage/vehicle components ten-foot by twenty-foot space
$45 per space used per day
Rental of any tow company supplied trailer post incident
$500 per day
Note: Storage billed per calendar day.
Additional Services/Notes
Type
Fee
Fuel/hazmat/cargo spills clean-up and disposal
Time and materials
Hazmat and trash recovery
Surcharged 10%
Subcontractor mark-up
10%
Administrative charge. Only after third visit to vehicle
Cars only: $50
Administration charge
Medium/heavy truck: $200
After hours release
$75
Notification documentation fee
$50
Tarping/wrapping vehicle
$90 per car; $250 per truck
Fuel surcharge
Reserved for future need
G. 
Heavy vehicle recovery (over 16,000 pounds).
(1) 
To provide heavy vehicle recovery, the Borough of Ho-Ho-Kus requires that the licensee have on scene a recovery supervisor with Level 3 certification from the Towing and Recovery Association of America (TRAA) or another nationally recognized certification such as wreck master.
(2) 
To perform heavy vehicle recovery under this chapter, the licensee must:
(a) 
Visually document the recovery scene through photos or videotape.
(b) 
Prepare a written report of all procedures employed, actions taken, equipment used and manpower requirements to complete the recovery process in the safest manner and provide a copy to the vehicle owner with the statement of services.
(c) 
Prepare an itemized billing invoice for all services rendered.
(3) 
If the licensee finds it necessary, due to the nature of the recovery to contract additional recovery service to supplement its equipment and manpower recovery, the contracted service providers must work under the supervision of the licensee. The licensee may not subcontract the entire recovery. In the event that a heavy-duty operator is unable to handle the recovery, then the next heavy-duty wrecker on the rotating list shall be called.
(4) 
There is a three-percent annual cost of living increase on all fees listed herein.
(5) 
Acceptance of credit/debit cards are at the towing company's discretion. A maximum of 4% service fee may be added to offset expenses. Credit/debit cards do not have to be accepted for any impounded vehicles.
A. 
Copies of this chapter and the schedule of fees that may be charged by official towers shall be made available to the public during normal business hours at the Borough Municipal Building and Police Department. Copies shall also be made available to the public at each official tower's place of business.
B. 
All official towers shall post, in a prominent place at each storage area clearly visible to the public, a schedule of the fees that may be charged for all services provided pursuant to this chapter.
C. 
The Borough reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all official towers.
D. 
The relationship between an official tower and the Borough is one of an independent contractor. Neither party shall be construed in any manner whatsoever to be an employee of the other, nor shall any employee or agent furnished by any party be construed to be an employee or agent of the other party. Inclusion on the official towers list shall not be construed or considered as a joint venture, partnership, association, contract of employment or profit-sharing agreement.
E. 
The municipality shall not be liable or responsible for compensating the official towers for any of the services performed under this chapter unless those services are performed for the Borough vehicles. Compensation shall be the responsibility of the owner of the towed motor vehicle, and the official tower shall proceed directly against the owner.
F. 
The official tower shall, at all times, be solely responsible for the conduct of its employees. No licensee shall discriminate as to hiring or employment practices. Licensees shall be required to sign a nondiscrimination statement.
G. 
Each official tower shall keep and maintain adequate and complete records showing all vehicles towed, stored and released, all services rendered and all fees charged and collected. All records shall be available for inspection by the Borough at any time during normal business hours. Records shall be kept and maintained by the official tower at one central location and shall be retained for a period of seven years. Records may be written, printed or computerized, as long as the requirements of this subsection are met.
H. 
The official tower shall comply with all state and federal laws and regulations concerning wages, hours and terms of employment.
A. 
In the event a complaint is received by the Borough of Ho-Ho-Kus involving the improper or unsatisfactory performance of services by an official tower in violation of this chapter, excessive charges or damage to a motor vehicle while in custody of the tower, written notice of same shall be provided by the Borough Administrator to the official tower involved. The tower shall have the opportunity to respond, in writing, within seven days.
B. 
Within 14 days of receipt of the tower's response, or within 21 days of receipt of the complaint if no response is received, the matter shall be presented by the Borough Administrator to the Mayor and Council.
C. 
The Mayor and Council shall thereafter consider the matter at the regular public meeting and may request that the complainant and the tower involved appear and give testimony regarding the complaint.
D. 
After considering the matter and the evidence presented, the Mayor and Council shall make certain findings and conclusions relative to the complaint, which shall constitute its decision. If the Council finds in favor of the complainant and against the official tower, the Council may consider and impose the following penalties:
(1) 
Suspension of the official tower's license;
(2) 
Revocation of such license for a fixed period or duration;
(3) 
Permanent revocation of the official tower's license;
(4) 
Such other penalty as the Mayor and Council deems just and appropriate under the circumstances. In considering the imposition of a suspension, revocation or other penalty, the Council shall take into account factors, including, but not limited to, any prior violations of the tower, the nature and seriousness of the complaint, and the danger to the health, safety and welfare of the public.
E. 
Failure to surrender the license upon revocation shall constitute a violation of this chapter.
F. 
Nothing contained herein shall prevent or limit the right of any person to commence or maintain an action for damages or any other relief directly against an official tower in a court of competent jurisdiction.
A. 
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $1,000, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
B. 
In addition to the fine provided above, a violation of any of the provisions of this chapter shall be cause for suspension or revocation of the official towers license.
C. 
The Borough Police Department or any member thereof is hereby declared to be the enforcement agency of this chapter in accordance with due process of law.
Each section of this chapter and every subsection hereof shall be deemed independent, separate and distinct from all other sections, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any section or part hereof.
All ordinances, codes or parts thereof that are inconsistent with this chapter are repealed or otherwise modified, including former §§ 75-1 to 75-18.