[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:
BASIC TOWING SERVICE
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.
DISABLED VEHICLE
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.
IMPOUNDMENT
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.
INSIDE BUILDING STORAGE FACILITY
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.
OWNER
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.
OUTSIDE SECURED STORAGE FACILITY
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.
OUTSIDE UNSECURED STORAGE FACILITY
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.
TOWING OPERATOR
A person, firm, corporation or partnership engaged in the
business of providing towing, road and storage services for vehicles.
TOWING/WRECKER VEHICLE
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; 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. Towing operators transporting multiple passenger vehicles
at one time shall receive the applicable fees for each passenger vehicle
transported.
(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.
[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.