[HISTORY: Adopted by the Mayor and Council of the Borough
of Raritan 5-26-1992 (Ch. 78A of the 1966 Code); amended in its entirety 3-27-2012 by Ord. No.
12-04. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 82.
A.
Purposes. The purposes of this chapter are as follows:
(1)
To establish a uniform policy for the handling of motor vehicle towing,
storage and road service operations within the Borough by towing and
storage service companies on the official tower lists.
(2)
To protect the public health, safety and welfare and to assure that
the public receives the best possible service from only qualified
tow vehicle drivers.
(3)
To assure proper storage of vehicles for the purpose of investigation
or impoundment and release of vehicles to the proper owner, agent
or authority.
(4)
To establish a requirement and procedure for licensing of persons
who desire to be included on the official tower lists.
(5)
To establish maximum fees for towing and storage service pursuant
to N.J.S.A. 40:48-2.49 and 40A:11-5(1)(u).
B.
Scope. This chapter shall apply to all motor vehicle towing, storage
and road service operations within the Borough of Raritan which occur
at the initiation of the Borough Police Department. Nothing herein
limits the right of the owner or operator of a motor vehicle to request
or summon a tow driver of his or her own choosing or a tow driver
from another municipality, unless a Borough police officer at the
scene determines that the tow driver to be summoned cannot arrive
at the scene within the time limits specified in this chapter or does
not have the proper equipment to clear the scene, and the safety of
persons or motorists may be jeopardized.
C.
CHIEF OF POLICE
DAY
FLATBED TOW VEHICLE
HEAVY-DUTY LICENSEE
LICENSEE
LIGHT-DUTY LICENSEE
MOTOR VEHICLE
NIGHT
OFFICIAL TOWER LISTS
PERSON
SECURE STORAGE FACILITY
STATE
STORAGE FACILITY
TOW DRIVER
TOW VEHICLE
UNIT
WEEKENDS
Definitions. When used in this chapter, the following terms shall
have the meanings indicated:
The Chief of Police or the designee of the Chief of Police.
The hours of 8:00 a.m. to 6:00 p.m.
A tow vehicle designed to transport a motor vehicle by means
of raising the motor vehicle from road level up onto a hydraulic bed
for transportation.
A licensee with equipment designed to be capable of towing
motor vehicles having a gross vehicle weight rating greater than 10,000
pounds.
A person engaged in the business of or offering the services
of a tow vehicle and storage services and who has been granted a license
to do so for the Borough.
A licensee with equipment designed to be capable of towing
motor vehicles with a gross vehicle weight rating of 10,000 pounds
or less.
A vehicle propelled other than by muscular power, including
a trailer and recreational camper, excepting a vehicle that runs only
upon rails or tracks, motorized bicycles, motorized scooters, motorized
wheelchairs and motorized skateboards.
The hours of 6:01 p.m. to 7:59 a.m.
Lists to be maintained by the Borough Police Department containing
the names of those light-duty and heavy-duty licensees eligible to
respond to tow requests for the Borough.
Any individual, sole proprietorship, firm, partnership, association,
business entity, corporation, company or organization.
A storage facility that is either completely indoors or an
outdoor facility that is lighted from dusk to dawn, is surrounded
by a fence, wall or other man-made barrier that is at least six feet
in height with at least one lockable gate for ingress and egress.
The State of New Jersey.
A place at which motor vehicles that have been towed are
stored.
An individual licensed to operate a tow vehicle in the state.
A vehicle, including a flatbed tow vehicle, equipped with
a boom or booms, winches, slings, tilt beds, wheel lifts or underreach
equipment specifically designed by their manufacturer for the removal
or transport of motor vehicles, and any other vehicle driven by mechanical
power, and employed for the purpose of towing, transporting, conveying
and/or removing motor vehicles which are unable to be and actually
are not operated under their own power, from one place to another.
An area that measures 10 feet by 20 feet.
The time from 6:01 p.m. on Friday to 7:59 a.m. on Monday.
A.
Contents of application for official tower license. Any person who
wishes to engage in the business of towing or storing of motor vehicles
in the Borough at police request may obtain an application for an
official tower license from the Borough Clerk. The completed application
shall be submitted, in duplicate, to the Borough Clerk. The application
shall be accompanied by a fee of $150 to defray the Borough's
administrative costs in processing the application and shall include
the following:
(1)
The full name and address of the applicant. If the application is
made for a business entity, it shall state the name and address of
the partners or officers and directors, and its registered office
and agent, and the names and residential addresses of every stockholder
owning more than 10% of the issued stock, if applicable;
(2)
The year, make and type of each tow vehicle used in the business,
their serial numbers, state registration numbers and, for leased vehicles,
the titled owner(s);
(3)
The address where the tow vehicles shall be regularly garaged, the
telephone numbers (available on a twenty-four-hour-per-day basis for
purposes of the official tower lists) and the names of all drivers,
their addresses and their New Jersey motor vehicle driver license
numbers;
(4)
The location, size and security features of the storage facility
in which towed motor vehicles shall be stored, including a statement
of the number of units of parking available at the storage facility
and whether the storage facility is secured or unsecured;
(5)
A criminal history record obtained by each tow driver as prescribed
by the New Jersey State Police. Forms and instructions can be obtained
from the Borough Clerk or from www.njsp.org.
[Amended 7-24-2012 by Ord. No. 12-10]
(6)
A certification of insurance from an insurer authorized to do business
in the state and a schedule of the insured tow vehicles that are to
be utilized by the applicant to meet the requirements of this chapter;
(7)
An indemnification, in a form approved by the Borough Attorney, that
the applicant shall hold harmless and indemnify the Borough, its officers,
employees and agents from any and all liability claims, losses or
damage arising or alleged to arise from the performance of the towing
services requested and/or rendered by the applicant, including any
liability which may arise from the applicant's disposal of hazardous
materials;
(8)
A consent, in a form approved by the Borough Attorney, that the Chief
of Police may, at any reasonable time, conduct an inspection of the
tow vehicles or storage lot of any applicant or licensee for the purpose
of determining compliance with this chapter;
(9)
A proposed classification of the applicant as a light-duty licensee,
a heavy-duty licensee or both.
B.
Investigation.
(1)
The Clerk shall refer each application to the Chief of Police within
seven days after receipt. The Chief of Police shall conduct an investigation
to determine the following:
(a)
The truth and accuracy of all information contained in the application;
(b)
Whether all tow drivers who will engage in the licensed activity
have valid commercial driver licenses;
(c)
Whether any tow drivers have criminal histories that make them
unfit and improper persons to conduct the proposed business;
(d)
Whether the applicant has demonstrated, by its equipment and
the location of its business, the ability to respond in the manner
required in this chapter;
(e)
Whether the equipment is in safe and sound condition and complies
with the standards of this chapter, as well as any applicable provisions
of the New Jersey Statutes and Regulations;
(f)
Whether the proposed business location and storage area comply with Chapter 207, Land Use and Development, if located within the Borough;
(g)
Whether the applicant has proof of ownership or valid agreement
for use of the storage area.
(2)
Applications for tower licenses shall be investigated by the Chief
of Police and approved or disapproved within 30 days of receipt from
the Borough Clerk.
[Amended 7-24-2012 by Ord. No. 12-10]
(3)
The Chief of Police shall provide a written explanation of the reasons
for disapproving any application.
[Amended 7-24-2012 by Ord. No. 12-10]
C.
Issuance or denial of license; renewal of license; transferability.
(1)
A license will not be granted if a criminal history record background
check of any tow driver listed in the application reveals a record
of conviction for any of the following crimes in New Jersey or elsewhere,
or any comparable crimes in any other jurisdiction:
(a)
Aggravated assault;
(b)
Arson;
(c)
Burglary;
(d)
Escape;
(e)
Extortion;
(f)
Homicide;
(g)
Kidnapping;
(h)
Robbery;
(i)
Aggravated sexual assault;
(j)
Sexual assault or endangering the welfare of a child;
(k)
Unlawful possession of a weapon;
(l)
Anything other than a disorderly persons or petty disorderly
persons offense for the unlawful use, possession or sale of a controlled
dangerous substance as defined in N.J.S.A. 2C:35-2.
(2)
If an application is disapproved by the Chief of Police, the Borough
Clerk shall notify the applicant by mail that the application is disapproved
and shall deny the issuance of the license. Notice shall be mailed
within three business days following the endorsement of disapproval
by the Chief of Police.
(3)
If the Chief of Police approves the application, the Borough Clerk
shall issue an official tower license to the applicant.
(4)
The license shall contain the name and address of the licensee, the
number of the license, the date of issuance and expiration date, and
the signature of the Borough Clerk and the seal of the Borough. The
Borough Clerk shall send a copy of the license to the Borough Police
Department for filing and shall keep a permanent record of all licenses
issued.
(5)
All licenses shall expire on December 31 of the year of issue. A
renewal application shall be submitted no later than 30 days prior
to the expiration date. Renewal applications shall be obtained from
the Borough Clerk. The fee for a renewal application shall be $150
to defray the Borough's administrative costs.
(6)
A license issued under this chapter shall not be transferable.
(7)
If any of the information provided by an applicant pursuant to this
chapter changes after the license is granted, the applicant shall
notify the Borough Clerk of those changes within 10 business days.
(8)
For any new tow driver hired after the license is granted, the applicant
shall submit within 10 business days of hire, for investigative purposes,
the name, address, New Jersey motor vehicle driver license number,
proof of valid CDL, and a criminal history record obtained by the
applicant as prescribed by the New Jersey State Police. Any new hire
shall be prohibited from performing services for the Borough until
the investigation, as set forth in this chapter, on that new tow driver,
is approved by the Chief of Police.
[Amended 7-24-2012 by Ord. No. 12-10]
(9)
Suspension of any driving privileges of any tow driver after the
license is granted shall be immediately reported to the Borough Clerk.
D.
Suspension or termination of license.
(1)
A license may be suspended or terminated by the Borough Clerk, upon
the recommendation of the Chief of Police, under the following circumstances:
(a)
If it is found that the license was secured by fraud, misrepresentation
or false statement, or by the concealment of a material fact by the
applicant.
(b)
If the licensee has violated any of the requirements of this
chapter, including maximum fee limitations, any additional regulations
established by the Chief of Police, any federal or state law, any
Borough ordinance relating to the operation of a motor vehicle, or
any ordinance enacted in another municipality relating to the provision
of towing and storage services.
(c)
Unsatisfactory service which, in the reasonable opinion of the
Chief of Police, has, does or will jeopardize the public safety, health
and welfare.
(d)
Unethical or fraudulent business practices in connection with
towing or storage services or repairs.
(e)
The loss of, or a material change in, insurance coverage required
by this chapter.
(f)
Failure to comply with the requirements for continued inclusion
on the official tower list established by this chapter.
(2)
Notice of suspension or termination shall be communicated to the
licensee, and, thereafter, it shall be unlawful for the licensee or
any of the licensee's agents, employees or representatives to
engage in towing and storage services for the Borough.
E.
Hearing upon denial, suspension or termination.
(1)
Any person aggrieved by the action of the Borough Clerk in the denial
of an application for a license, or the suspension or revocation of
a license, shall have the right to appeal to the Borough Council.
The appeal shall be taken by filing a written request for a hearing
with the Borough Clerk within 14 days after notice of the action complained
of has been communicated to the applicant or licensee. If an appeal
is taken, the applicant or licensee shall be provided with a notice
of a hearing before the Borough Council, which notice shall be in
writing, setting forth the grounds of the complaint and the time and
place of the hearing. The notice of a hearing shall be mailed to the
applicant's or licensee's business address at least five
business days prior to the date set for the hearing, and no more than
five business days after receipt by the Borough Clerk of the written
request for a hearing. The decision of the Borough Council on an appeal
shall be final and conclusive and shall be rendered, in writing, no
later than 10 days after the completion of the hearing. In the case
of a licensee, the license shall remain suspended during the appeal
process. If the decision on appeal requires revocation of a license,
failure to surrender the license within one day of delivery of the
final written decision to the licensee shall constitute a violation
of this chapter.
(2)
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain a cause of action for damages or any
other relief directly against a licensee in a court of competent jurisdiction.
A.
Insurance limits. Every licensee shall carry insurance as follows:
(1)
Motor vehicle liability insurance coverage for the death of, or injury
to, persons or damage to property for each accident or occurrence
in the amount of at least $2,000,000 single limit.
(2)
Garage keeper's liability in an amount not less than $75,000,
covering fire, theft, explosion and collision coverage.
(3)
Garage liability in an amount not less than $1,000,000 combined single
limits.
(4)
Endorsements to provide for collision coverage for vehicles in tow.
(5)
Comprehensive general liability coverage in an amount not less than
$1,000,000 for each person and $3,000,000 for each accident.
(6)
Workers' compensation as required by New Jersey law.
(7)
Endorsement naming the Borough of Raritan as an additional insured
in all insurance policies, except the workers' compensation policy.
Endorsement shall specifically incorporate by reference the insurance
and indemnification requirements of this section.
B.
General insurance requirements.
(1)
All insurance policies shall be written by insurance companies acceptable
to the Borough and authorized to do business in the State of New Jersey.
(2)
No license shall be issued until an applicant shall have deposited
with the Clerk certificates of insurance evidencing the insurance
coverage and endorsements required by the chapter. All certificates
shall provide for 30 days' prior written notice to the Borough of
a policy cancellation or material change.
(3)
Copies of the actual insurance policies, with all required endorsements,
shall be provided to the Clerk upon request.
(4)
No licensee shall be included on the official tower lists in the
Borough of Raritan unless the required insurance coverage is in place
and has been approved by the Clerk.
A.
The Chief of Police shall maintain one list of the names of light-duty
licensees and a separate list for heavy-duty licensees.
B.
Calls to licensees on these lists shall be made starting with the
first licensee on the list and then proceeding to the next consecutive
licensee until all licensees on the list have been called, at which
time calls will be made starting over with the first licensee on the
list.
C.
Response times to police requests for towing services shall not exceed
20 minutes from the time of the dispatcher's call to the time
of arrival at the scene.
D.
Continued inclusion of a licensee on the official tower lists shall
be subject to the following:
(1)
Compliance with the Predatory Towing Prevention Act (N.J.S.A. 56:13-7
et seq.) and all other state towing and storage statutes and regulations;
(2)
Compliance with requests by the Borough Police Department to perform
emergency road service when it is deemed necessary. The fees charged
for any requested service shall be reasonable.
E.
A licensee that for any reason cannot respond when called shall not
have another towing company respond in its place. The next licensee
on the list shall be called by dispatch to respond.
F.
A licensee that fails to respond to four or more Borough Police Department
requests in any four-week period may be subject to removal from the
official tower lists for the following calendar month.
(1)
If a call to a licensee is not answered by a human being, that call
will be deemed a failure to respond, and the next licensee in the
rotation will be called.
(2)
If a licensee accepts a call and then fails to respond to the scene
within the twenty-minute time period required by this section, that
call will be canceled, and the next licensee on the list will be called.
The first licensee called will not be entitled to compensation.
G.
A licensee may not assign or sublease any work and/or services to
be performed pursuant to this chapter to another towing company.
H.
Nothing in this section shall preclude the right of a motorist or
vehicle owner to summon a tow driver of his or her own choosing, pursuant
to the provisions of this chapter.
A.
Payment for services.
(1)
The Borough shall not be liable for the cost of any services performed
by the licensee unless those services are performed for or on municipal
vehicles. Payment for towing services for nonmunicipal vehicles shall
be a matter solely between the licensee and the motor vehicle owner
or operator, except for motor vehicles impounded in conjunction with
a criminal investigation.
(2)
Fees charged for any services not including towing and storage services
shall be a matter solely between the licensee and the motor vehicle
operator. The fees charged shall be reasonable.
B.
Police officer at scene to make final determination. When a Borough
police officer is at the scene of an incident requiring towing services,
that police officer shall be responsible for making the final determination
as to when towing shall take place. The officer shall not be limited
to the official tower lists when it is clear that special tow vehicles
are required for large vehicles and/or public safety may be threatened
by vehicles requiring removal.
C.
Required equipment on tow vehicles; cleanup at scene of towing services.
(1)
Each light-duty licensee shall have a minimum of tow vehicles available
for Borough tows, at least one of which must be a flatbed tow vehicle.
(2)
All light-duty tow vehicles shall be equipped with a fire extinguisher
of the ABC type, safety chains, flares, jumper cables, shovel, pry
bar, heavy-duty stiff push brooms, warning lights, substance for handling
small liquid spills, and other necessary equipment to provide complete
towing services to motor vehicles up to 10,000 pounds. All equipment
is subject to approval by the Chief of Police.
(3)
All heavy-duty tow vehicles shall be equipped with a fire extinguisher
of the ABC type, safety chains, flares, jumper cables, shovel, pry
bar, heavy-duty stiff push brooms, warning lights, substance for handling
liquid spills generated by a motor vehicle over 10,000 pounds, and
other necessary equipment to provide complete towing services to motor
vehicles over 10,000 pounds. All equipment is subject to approval
by the Chief of Police.
(4)
All tow vehicles shall be equipped with amber beacons or strobe lights,
and amber-colored safety tow lights or magnetic tow lights for towing
vehicles at night, all as approved by the Chief of Police and as permitted
by the state.
(5)
Each tow driver, prior to departure from the scene of towing services,
shall clean and clear any customary or usual debris from an accident.
Each tow driver shall also clean, clear, absorb or dilute any usual
oil, gasoline or other motor vehicle fluid spilled at the scene of
the towing services. All materials disposed of by the tow driver shall
be properly disposed of in accordance with the requirements of the
New Jersey Department of Environmental Protection and the Federal
Environmental Protection Agency. Nothing in this section shall prevent
the Borough Police Department from summoning any other person, firm
or other organization when, in the judgment of the police officer
at the scene, an unusual or potentially dangerous situation occurs,
or it is otherwise necessary. These situations include, but are not
limited to, accidents or breakdowns involving dangerous or potentially
dangerous cargo or spills of chemicals, solvents or other fluids.
D.
Vehicles involved in suspected crimes. Tow drivers shall comply with
the directions of the police investigator in connection with vehicles
involved in suspected crimes.
E.
Notification of police required. No tow driver is permitted to tow
any vehicle which has been or appears to have been either involved
in an accident or operated so as to have left the travel way without
first notifying the Borough Police Department.
F.
Unethical conduct prohibited. No reward, gratuity, gift or any type
of remuneration shall be offered to any Borough police officer, Borough
official or dispatcher by any licensee or its employee or agent.
G.
Complaints. Any person wishing to complain about the compliance with
this chapter by any licensee may do so by letter to the Borough Clerk
setting forth the name of the licensee, the date of the incident(s),
and the details of the act(s) giving rise to the complaint. The Clerk
shall forward the complaint to the Chief of Police, who shall investigate
and make a recommendation as to any action to be taken against the
licensee, including, but not limited to, temporarily suspending the
licensee from the official tower lists. The Borough Clerk shall suspend
or terminate a license in accordance with the provisions of this chapter.
After three temporary suspensions, the Borough Clerk, upon the recommendation
of the Chief of Police, may permanently remove a licensee from the
official tower lists.
H.
Recordkeeping requirements. All licensees shall maintain, for a period
of three years, written or computerized records of all vehicles towed,
stored and released and of all services rendered.
I.
Solicitation of business. No licensee or employee of the licensee
may respond to the scene of an accident or emergency for the purposes
of towing vehicles unless specifically called there by the Borough
Police Department or person involved in the accident or emergency.
This subsection is intended to prohibit tow drivers from soliciting
business at the scenes of accidents and emergencies and shall not
be construed to prohibit any person from summoning a tow driver of
his or her choice in accordance with the provisions of this chapter.
J.
Additional regulations. The Chief of Police, in consultation with
the Borough Attorney, is hereby authorized and empowered to establish
from time to time additional rules and regulations, not inconsistent
with this chapter, as may be reasonable and necessary in order to
carry out the provisions of this chapter and to best serve the interests
of public safety. Copies of any additional rules and regulations shall
be provided immediately to all licensees, who shall sign an acknowledgment
of receipt. Additional rules and regulations may include, but are
not limited to, the following:
(1)
Rotation procedures.
(2)
Preparation of forms.
(3)
Details of recordkeeping requirements.
(4)
Procedures at the scene of an accident or emergency.
(5)
Procedures for and scheduling of inspections of tow vehicles and
storage facilities.
(6)
Procedures for release of motor vehicles.
(7)
Junk titles, subject to the requirements of New Jersey statutes and
rules.
(8)
Delegation to specific officers or positions of any of the responsibilities
of the Chief of Police as set forth herein.
A.
Provided a Borough police officer at the scene does not direct otherwise,
all motor vehicles towed shall be removed to a secure storage facility,
unless the owner or operator of the vehicle specifically requests
that it be towed to another place.
B.
The location of all storage facilities shall be no further than 10 miles from the border of the Borough in order to facilitate reasonable towing distances. All storage facilities within the Borough shall comply with Chapter 207, Land Use and Development.
C.
All storage facilities shall have a business office open to the public
between the hours of 8:00 a.m. and 6:00 p.m., at least five days a
week, excluding state holidays. All storage facilities shall provide
reasonable accommodations for after-hours release of stored vehicles.
D.
All storage facilities utilized by heavy-duty licensees shall, at
a minimum, be large enough to store a fifty-three-foot tractor-trailer
securely outdoors.
E.
A covered facility shall be provided for security of motor vehicles
impounded by the police for death-by-auto or crime incidents. The
covered facility must be on the grounds of the towing service or meet
the approval of the Chief of Police.
F.
No one shall release an impounded vehicle without permission of the
Chief of Police.
A.
B.
C.
Notice of rates. Prior to hookup or flatbedding of a motor vehicle,
the tow driver shall present to the owner or operator of the motor
vehicle a copy of the fee schedule as prepared by the Borough Clerk,
the name, address and telephone number of the licensee, the address
and telephone number of the storage facility, if different, the storage
facility hours of operation and a statement of when the motor vehicle
may be claimed. The fee schedule shall also be prominently displayed
at the storage facility.
A.
Enforcement. This chapter shall be enforced by the Borough Police
Department.
B.
Penalties. Any applicant or licensee who violates any of the provisions
of this chapter, or has an employee who violates any provision of
this chapter, shall be subject to license application rejection or
license revocation. Any person who violates any provision of this
chapter shall be subject to a fine not to exceed $500, and the provisions
of the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.) may
apply.
