[1]
Editor's Note: For authority to establish regulations for
the towing and storage of vehicles, see N.J.S.A. 40:48-2.49.
[Ord. No. 18-92, § 1]
The purpose and intent of this chapter is to provide criteria
and standard operating procedures that are reasonable, nonexclusionary
and nondiscriminatory in the selection and use of towing operators
who, on a rotational basis, provide towing, road services and storage
of vehicles that are abandoned, disabled, illegally parked or stolen,
vehicles involved in accidents and/or those vehicles suspected or
identified by the Borough as being involved in criminal activities
or motor vehicle offenses.
[Ord. No. 18-92, § 1]
As used in this chapter, the terms listed below shall be defined
as follows:
The removal and transportation of a vehicle from a highway,
street or other public or private road, parking area or from a storage
facility. This chapter and the definition herein shall not include
the recovery of a vehicle from a position beyond the public right-of-way
or berm, or from being impaled upon any other object outside of the
public right-of-way or berm.
A vehicle which has been abandoned, impounded or rendered
inoperable as a result of a mechanical failure, involvement in an
accident or which is required to be removed by the police for any
other reason. A vehicle, the location of which constitutes a hazard
to the motoring public, shall be deemed disabled for the purpose of
this chapter.
The act of storing and confining a vehicle upon an order
of the Police Department at either the towing operator's storage area
or at a Borough facility as a result of abandonment, involvement in
an accident or suspected criminal activity.
A vehicle storage facility that is completely indoors, having
one (1) or more openings or storage bins for the storage of vehicles
and that is secured by a locking device on each bin or opening.
A person, firm, corporation or partnership who owns and/or
operates a vehicle on the roads and highways within the Borough of
Morris Plains, which vehicle, by reason of being disabled or abandoned
on the roads and highways within the Borough, requires towing and/or
storage.
A vehicle storage facility that is not completely indoors
and that is secured by a fence, wall or other man-made barrier that
is at least six (6) feet in height and is protected with on-site security
or an alarm system.
A vehicle 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 a building or outside
secured.
A person, firm, corporation or partnership engaged in the
business of providing towing, road and storage services for vehicles.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying or removing any and all
kinds of vehicles or parts of vehicles which are unable to be operated
under their own power. Such towing vehicles or wreckers mean only
those vehicles that are equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by its manufacturer for the removal or transport of private passenger
automobiles or other vehicles.
[Ord. No. 18-92, § 1]
The Chief of Police, his designee and the Police Department
of the Borough are hereby designated to administer and enforce all
provisions of this chapter.
[Ord. No. 18-92, § 1]
(a)
No towing operator shall participate in the police towing rotation list within the Borough without first submitting an application for inclusion on the rotational duty service list to the Chief of Police of the Borough for his approval, together with the application fee set forth in the Fee Schedule of the Borough of Morris Plains, Chapter 2, Sections 2-46, of the Revised Ordinances.
(b)
All rotational list approvals issued by the Chief of Police under this chapter shall remain valid for the calendar year or part thereof, and all approvals shall expire on the 31st day of December next succeeding the date of issuance, unless sooner suspended or revoked by the Chief as hereinafter provided. Towing operator rotational list approval may be renewed annually upon submission of an updated application together with the application fee set forth in the Fee Schedule of the Borough, Chapter 2, Section 2-46, of the Revised Ordinances, provided that the towing operator continues to comply with all the terms and conditions of this chapter.
(c)
It shall be the responsibility of the Chief of Police or his designee
to approve all applications by towing operators for inclusion on the
list of towing operators to be utilized on a rotational basis for
the purpose of providing emergency towing, road and storage services
to the owners of motor vehicles utilizing Borough roads when the Chief
determines that the following requirements have been met by the applicant.
On application forms provided by the Chief of Police or his designee,
all towing operators shall submit written documentation which demonstrates
that they are in compliance with the following qualification criteria:
(1)
All towing operators shall have their principal place of business
and storage facility located within three (3) miles of the Morris
Plains Police Department, Municipal Building, 531 Speedwell Avenue,
Morris Plains, New Jersey.
(2)
All towing operators shall have a storage facility which can accommodate
a minimum of five (5) medium-sized vehicles. The storage facilities
shall be lighted, fenced and/or secured in order to guarantee the
safe storage of all vehicles in accordance with the minimum requirements
for inside and outside, secured and unsecured storage facilities as
defined under Section 27-2 above.
(3)
In addition to other equipment which is necessary for the safe performance
of towing, emergency road and storage services, all towing operators
must own or have available at least one (1) conventional tow truck
and one (1) flatbed truck.
(4)
All towing operators' trucks must be equipped with either two-way
radio and/or mobile telephone communications equipment with the towing
operator's principal place of business, including their garages and/or
facilities, to ensure the proper availability of services and equipment
on behalf of the Borough and motorists.
(5)
All towing operators' trucks shall be equipped with brooms, shovels
and any other street sweeping equipment for the purpose of clearing
debris off the roadways.
(6)
The towing operator's wrecker(s) and all other vehicles shall be
properly licensed and registered with the New Jersey Division of Motor
Vehicles. All towing operator vehicles shall display New Jersey commercial
license plates.
(7)
The towing operator's company name, address and telephone number(s)
shall be prominently and permanently displayed on both sides of all
wrecker(s) and other tow vehicles.
(8)
All drivers of towing/wrecker vehicles shall have the proper New
Jersey driver's license or commercial driver's license as may be appropriate.
(9)
Certificate of insurance. All towing operators shall submit a certificate
of insurance to the Chief of Police, which certificate shall name
the Borough of Morris Plains and the Morris Plains Police Department
as additional insureds. The certificate shall provide evidence that
the towing operator carries the following insurance coverage:
(i)
Comprehensive general liability: coverage in the minimum amount of
one million dollars ($1,000,000.) combined single limits.
(ii)
Automobile liability: coverage in the minimum amount of one
million dollars ($1,000,000.) combined single limits. Coverage shall
include nonowned and hired automobiles. Insurance must also include
adequate coverage to protect the owners of private vehicles that are
in the care, custody and control of the towing operator. Said coverages
must provide at least ten thousand dollars ($10,000.) in minimum coverage
per vehicle for any damages or losses arising out of theft of the
vehicle's contents, the vehicle itself or losses due to fire or explosion.
(iii)
Workers' compensation: coverage in accordance with the statutory
limits.
(10)
Indemnification. The towing operator agrees that to the fullest extent
permitted by law, it shall indemnify, defend and hold harmless the
Borough from and against any and all claims, suits, judgments and
demands whatsoever, including, without limitation, costs, litigation
expenses, counsel fees and liabilities with respect to injury to or
death of any person or persons whatsoever, or damage to property of
any kind by whomever owned, arising out of or caused or claimed to
have been caused in whole or in part by the acts or omissions of the
towing operator or any other person directly or indirectly employed
by the towing operator while in the performance or rendering of any
services pursuant to this chapter.
[Ord. No. 18-92, § 1]
(a)
All towing operators on the rotational duty service list shall comply
fully with all applicable zoning and land use ordinances and/or property
maintenance codes.
(b)
Nothing herein shall preclude a towing operator from storing its
towing vehicles and equipment at a location outside the boundaries
of the Borough.
(c)
All vehicles towed under this chapter must be taken to the listed
storage area immediately after being picked up.
(d)
The towing operator shall, at the time of removing any motor vehicle,
in response to a police request, remove from the public or private
roads or highways any motor vehicle debris or material in the area
surrounding the vehicle, except for any debris or material which may
be hazardous, such as oil, gasoline, kerosene or other petroleum or
chemical products. The cleanup of debris, other than hazardous materials,
shall be performed by the towing operator, without charge to the Borough
of Morris Plains or the vehicle owner.
(e)
All towing operators shall have facilities and equipment that will
ensure and guarantee the furnishing of prompt and efficient services
for all standard passenger automobiles.
(f)
All outside storage facilities shall maintain adequate lighting to
protect stored vehicles from vandalism.
(g)
All towing operators serving on the rotational duty service list
must guarantee the availability of all services to the Police Department
seven (7) days a week, twenty-four (24) hours a day. An approved towing
operator shall respond to any type of towing, emergency road service
or storage call with the appropriate vehicle and/or equipment within
twenty (20) minutes after receipt of telephone notification from the
Morris Plains Police Department Dispatcher/Desk Officer. Failure to
respond within the time frame shall be considered a breach of this
chapter. In the event that a towing operator fails to respond within
twenty (20) minutes from the time of the call, the Police Department
reserves the right to contact the next available tow operator on the
rotational list.
(h)
In times of emergencies and or natural disasters, the Borough reserves
the right to contact other towing operators who may not be on the
rotational duty service list.
(i)
The owner of a vehicle to be towed shall have the right, if he/she
so desires, to designate a towing operator of his/her choice, provided
that the response time of said towing operator is not greater than
twenty (20) minutes or when approved by the investigating officer.
(j)
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 service 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.
(k)
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 the investigating
officer or superior at the scene.
[Ord. No. 18-92, § 1; 3-2-2023 by Ord. No. 4-2023, § 1]
(a)
The fees for towing and storage of vehicles under this chapter are set forth in the Fee Schedule of the Borough of Morris Plains, Chapter 2, Section 2-46, of the Revised Ordinances, and the rates set forth therein are the maximum permitted charges that shall apply to the towing and/or storage of passenger automobiles, except to the extent that the same are regulated by the New Jersey Department of Insurance pursuant to N.J.S.A. 17:33B-47.[1] Towing operators transporting multiple passenger vehicles
at one time shall receive the applicable fees for each passenger vehicle
transported.
[1]
Editor's Note: N.J.S.A. 17:33B-47 was repealed by L.
1997, c. 387, 6, effective 1-19-1998.
(b)
It shall
be the responsibility of the towing operator to provide all motorists
utilizing the towing operator's services with a written schedule
of fees which lists in full all fees charged for towing, storage and
road service within the Borough. Towing operators shall not exceed
the maximum charges set forth on the fee schedule for towing and the
storage of vehicles regulated under this chapter.
(c)
The towing
and storage fee schedule of each towing operator on the rotational
duty service list shall be filed by the towing operator with the Chief
of Police and the Borough Clerk, and the same shall be made available
to any person upon request. The fee schedules shall be available at
the Municipal Building, located at 531 Speedwell Avenue, Morris Plains,
Mondays through Fridays, except holidays, between the hours of 8:30
a.m. and 4:30 p.m.
(d)
In addition,
the Chief of Police shall be informed in writing at least ten (10)
business days' prior to the amendment of any tow operator's
towing and storage fee charges. Under no circumstances shall any amendments
exceed the maximum amounts for towing and storage as set forth in
the Fee Schedule.
(e)
In no instance
shall the towing operator request payment from the Borough for any
services rendered to the owners of private vehicles, except, however,
in those cases where the Police Department authorizes the removal
of a Borough-owned vehicle or a vehicle that is related to criminal
activity.
(f)
Any officer
who has a vehicle towed and impounded shall notify the vehicle's
financing or leasing company, whichever the case may be, of the vehicle's
impoundment whenever the vehicle has been impounded for thirty-six
(36) hours.
[Ord. No. 18-92, § 1]
It shall be the responsibility of the Chief of Police to establish
a towing operators' rotational duty service list following approval
of applications. The Police Department shall call the towing operators
in sequential order as set forth by the Chief so that each towing
operator will be given the opportunity to respond to individual calls
as required by the Borough. The Police Department shall have the right
to call the next towing operator on the list should a towing operator
fail to respond to a call within twenty (20) minutes.
[Ord. No. 18-92, § 1]
(a)
The Chief of Police is hereby authorized to establish reasonable
rules and regulations for the supervision, inspection and safe operation
of towing/wrecker vehicles and other related vehicles and equipment
in accordance with the standards outlined in this chapter. The Chief
shall maintain due vigilance over all towing operators to ensure that
the towing/wrecker vehicles and other related vehicles are maintained
in a safe working condition for transporting and hauling disabled
vehicles. The Chief of Police, or his designee, shall have the right
at all times to inspect all towing vehicles and related equipment
which perform services pursuant to this chapter.
(b)
At any time, should the Chief or his designee determine that the
vehicles and/or equipment being used are unsafe, he shall have the
power and authority to direct the immediate correction or repair of
any automotive defect, malfunction or violation of motor vehicle regulations
within a specified period of time to be determined by the Chief. The
Chief of Police is authorized and empowered to establish from time
to time, and transmit to all towing operators on the rotational list,
such additional rules and regulations not inconsistent herewith as
may be reasonable and necessary to carry out the provisions of this
chapter.
[Ord. No. 18-92, § 1]
(a)
The Chief of Police shall have the power to suspend a towing operator
from the rotational duty service list for a period up to thirty (30)
calendar days for failure to comply with any section of this chapter.
A subsequent violation may result in the removal of a towing operator
from the rotational duty service list for a twelve-month period. A
towing operator may appeal the Chief's ruling of either a suspension
or a twelve-month removal. In such cases, an appeal shall be filed
with the Borough Clerk within ten (10) business days of the Chief's
decision. A hearing shall be held by the Borough Council within thirty
(30) business days of the filing. The Borough Council shall render
its determination within twenty (20) business days following the conclusion
of the hearing. The Borough Council's determination as rendered shall
be final and conclusive under this chapter.
(b)
In addition, failure to comply with applicable zoning and land use
ordinances and/or property maintenance codes may subject any towing
operator to suspension from the rotational duty service list upon
request to the Chief of Police from the appropriate Construction Code
Official, Zoning Officer and/or Property Maintenance Officer. Any
towing operator suspended from the rotational duty service list for
any violation of applicable zoning or land use ordinances and/or property
maintenance code shall have the right to due process and appeal as
set forth in Paragraph (a) above.
[3-2-2023 by Ord. No. 4-2023, § 1]
Any person, firm or corporation who violates any of the provisions
of this chapter shall, upon conviction, be subject to a fine not exceeding
$1,000 or to imprisonment for a term not exceeding 90 days, or both.
Each and every violation of this chapter and each and every day that
any violation shall continue shall be construed as a separate and
distinct violation. The Police Department is specifically designated
as the enforcement agency which shall serve and execute the process
for violations of this chapter in accordance with law. Any officer
who causes a vehicle to be impounded shall notify the vehicle's
financing or leasing company, whichever the case may be, of the vehicle's
impoundment whenever the vehicle has been impounded for 36 hours.
