[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 3-3-1992 by Ord. No. 2117; amended in its entirety 8-15-2006 by Ord. No. 06-2375.Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 295.
Vehicles and traffic — See Ch. 299.
[Amended 12-7-1993 by Ord. No. 2161]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
BASIC TOWING SERVICE
The removal and transportation of an automobile or solid debris resulting from an accident, motor vehicle crash, or otherwise 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
A motor vehicle of any type used in the conduct of any business of professional conveyance, or used as a public or livery means, for the paid conveyance of passengers.
DECOUPLING FEE
A charge by a towing company for releasing a motor vehicle to its owner or operator when the vehicle has been, or is about to be, hooked or lifted by a tower, but prior to the vehicle actually having been moved or removed from the property.
[Added 6-6-2013 by Ord. No. 13-2459]
INSIDE BUILDING
A vehicle storage facility that is completely indoors, having one or more openings in the wall, for storage and removal of vehicles and that is secured by a locking device on each opening.
MOTOR VEHICLE CRASH
An occurrence in which a private passenger automobile comes into 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.
NONCONSENSUAL TOWING
The towing of a motor vehicle without the consent of the owner or operator of the vehicle.
[Added 6-6-2013 by Ord. No. 13-2459]
OFFICIAL TOWERS
Entities which:
(1) 
Own or operate tow vehicles; and
(2) 
Have been designated as official towers pursuant to this chapter.
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 and is installed with a passive alarm system or a similar on-site security measure. 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."
PASSENGER VEHICLE
A motor vehicle of a private passenger 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, a sport utility vehicle (SUV), or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual not used in the occupation, profession or business of the owner(s).
PRIVATE PROPERTY OWNER
The owner or lessee of private property, or an agent of such owner or lessee, but shall not include a private property towing company acting as an agent of such owner or lessee.
[Added 6-6-2013 by Ord. No. 13-2459]
PRIVATE PROPERTY TOWING
The nonconsensual towing from private property or from a storage facility by a motor vehicle of a consumer's motor vehicle that is parked illegally, parked during a time at which such parking is not permitted, or otherwise parked without authorization, or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. This term shall not include the towing of a motor vehicle that has been abandoned on private property in violation of N.J.S.A. 39:4-56.6, provided that the abandoned vehicle is reported to the appropriate law enforcement agency prior to removal and the vehicle is removed in accordance with N.J.S.A. 39:4-56.6.
[Added 6-6-2013 by Ord. No. 13-2459]
STORAGE CHARGES FOR CALENDAR DAY
The maximum allowable amount to be charged by a storage facility for a calendar day or portion thereof. A new calendar day begins at 12:01 a.m.
TOW VEHICLE
Only those vehicles 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 motor vehicles.
TOW VEHICLE'S BASE OF SERVICE
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
A. 
No person shall offer to perform, or engage in, or attempt to engage in the business of towing unless appointed by the governing body of the Borough of Bergenfield.
[Amended 6-6-2013 by Ord. No. 13-2459]
B. 
Official towers shall be identified by means of a license which shall be issued as hereinafter provided.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding the limited number of official towers, was repealed 7-7-2009 by Ord. No. 09-2419.
D. 
From calendar year to calendar year, the list of official towers will remain as is, provided:
(1) 
The official tower requests in writing to remain on the list;
(2) 
The official tower has been and remains in compliance with all requirements of this chapter; and
(3) 
There is no pending administrative or disciplinary action against the official tower by the Borough.
E. 
If the official tower list decreases to two or fewer towers for one or more of the above reasons, a notice announcing a request for towers will be published in the Bergen Record advising applications can be submitted to the Bergenfield Police Department Traffic Bureau. Specific instructions on the method of submitting an application will also be posted in this notice.
[Amended 3-18-2008 by Ord. No. 08-2403; 6-6-2013 by Ord. No. 13-2459]
F. 
If an official tower is denied renewal for any reason in § 284-2D and seeks subsequent return to the official towers list, the tower must wait a full calendar year before reapplying and will be treated as a new applicant.
[Amended 6-6-2013 by Ord. No. 13-2459]
A. 
All official towers shall furnish adequate and proper wrecking, towing, storage and emergency repair services to motor vehicles damaged or disabled, and located, within the geographic limits of the Borough, when requested to do so by an authorized Borough official. The official tower must be available on a twenty-four-hour-a-day basis, seven days a week, as scheduled by the Borough.
B. 
A maximum response time of 15 minutes will be expected from each official tower called by the Police Department. If the first called official tower fails to respond within the expected response time, or responds without the proper equipment or an approved driver, the next listed official tower will be called. Failure to respond within the stated response time will be considered a violation of the license, and three or more violations will result in suspension of the official tower license.
[Amended 6-6-2013 by Ord. No. 13-2459]
C. 
Official towers are and remain responsible for coverage for all periods for which they are scheduled. Should the scheduled official tower require another tower to cover a portion of the assigned schedule, (i) the substitution must be approved in advance by the Police Department traffic supervisor or his designee and (ii) the covering tower must be another official tower. Unauthorized arrangements for coverage may result in the removal of the official tower and/or the alternate official tower from the official tower list.
D. 
Substitution of towers under the immediately preceding Subsection C is limited to ten per calendar year. Should alternate coverage in excess of 10 be required, the requesting official tower will be removed from the Borough’s official tower list.
E. 
Official towers are limited to no more than three missed tows during a calendar year. A missed tow in excess of this number will constitute a ground for removal from the official tower list for the remainder of the calendar year or such other period determined in the sole discretion of the Borough.
F. 
If an official tower is removed from the tow list during a fiscal year, an official tower applicant will be added to replace the official tower removed.
G. 
The official tower shall be responsible for removing all solid and sweepable debris resulting from a motor vehicle crash.
H. 
When requested by the Police Department, the official tower shall be responsible for the preservation of evidence.
I. 
The official tower shall comply with all state and federal laws and regulations concerning wages, hours and terms of employment.
J. 
The official tower will be required to file an employment nondiscrimination statement.
K. 
The official tower will be required to establish and display to the public procedures for notification of vehicle owners regarding storage fees and removal of vehicles from storage.
A. 
Application.
(1) 
Applications for inclusion on the official tower list shall be made to the Mayor and Council upon a form provided by the Borough Administrator and shall consist of an original and two true copies, containing the following information:
(a) 
The complete name of the applicant (including the complete corporate and any "doing business" names), business address, telephone number and federal/state entity numbers.
(b) 
The residence and any other business address and telephone numbers, including cell telephone numbers, of the owner or the applicant. If the applicant or the owner is a corporation, the application shall contain the name, residence and business address, and telephone number of every stockholder or member owning more than 10% of the issued stock or membership interest.
(c) 
Proof of ownership or valid lease of the vehicles which will be utilized to provide services pursuant to this chapter.
(d) 
Proof of ownership or valid lease of the proposed vehicle storage area which will be utilized to provide services pursuant to this chapter.
(e) 
Such information as may be required by the Mayor and Council concerning the personnel, vehicles, equipment, storage facilities and complaint history of such applicant, all as hereinafter provided, showing that the applicant meets the minimum standards of performance.
(f) 
A certificate or certificates of insurance evidencing adequate insurance coverage as hereinafter provided.
(g) 
The names and addresses of two business references that have knowledge of the applicant's business practices for (at least) the two years preceding the date of the application.
(h) 
A nonrefundable fee of $150 to cover the administrative expenses incurred by the Borough in processing the application.
[Amended 6-6-2013 by Ord. No. 13-2459]
(2) 
An applicant may submit only one application. Persons or entities with ownership interests in the applicant may not submit applications for, on behalf of, or in regard to any other applicant. An applicant may list more than one applicant-company vehicle on its application.
B. 
Upon receipt of a complete application, the Borough Administrator will forward at least one copy to the Chief of Police for review and approval. Review by the Chief of Police 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 within the last 10 years or have had their drivers' licenses suspended or revoked within the past year. Conviction of a criminal offense within the past 10 years or suspension of a driver's license within the past year shall be a cause for disqualification from inclusion on the official tower list. Upon discovery of a criminal offense within the last 10 years and/or a driver's license suspension within the past year, the Chief of Police or his/her designee may exclude only the affected personnel from the tower list or the entire tow company.
[Amended 6-6-2013 by Ord. No. 13-2459]
(2) 
Inspections of the 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 ability to comply with applicable laws, regulations and the standards of performance required by this chapter.
(3) 
Interviews with the applicant and the applicant's personnel.
C. 
The Chief of Police will conduct the review and render a report to the Mayor and Council, recommending either approval or denial of the application and the reasons therefor, within 21 days of receipt of the application from the Borough Administrator. The Mayor and Council will take action with regard to the application within 30 days of receipt of the report of the Chief of Police.
D. 
If the applicant is initially denied a license by the Mayor and Council, he/she will be permitted to request a hearing before the governing body to appeal that denial. The decision of the Mayor and Council on the appeal will be final.
[Amended 6-6-2013 by Ord. No. 13-2459]
E. 
The Borough Clerk shall notify the applicant of all decisions regarding approval or denial of applications. The Borough Clerk shall also notify the applicant of the date, time and location of any hearings and/or decisions.
[Amended 6-6-2013 by Ord. No. 13-2459]
F. 
If the Mayor and Council fail to take action within 60 days of receipt of a complete application by the Borough Administrator, the application shall be deemed to have been denied.
G. 
An applicant may be included on the official tower list 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, the Mayor and Council 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 or which was submitted to the Borough in connection with the application.
(2) 
The applicant has met the standards of performance described in this chapter and has furnished the required hold-harmless agreement and proper certificate(s) of insurance.
(3) 
The application has been reviewed and approved by the Chief of Police.
(4) 
Neither the applicant nor the applicant's personnel have been convicted of a criminal offense within the last 10 years for the following crimes:
[Amended 6-6-2013 by Ord. No. 13-2459]
(a) 
A crime under Chapter 11, 12, 13, 14 or 15 of Title 2C of the New Jersey Statutes;
(b) 
Motor vehicle theft or any crime involving a motor vehicle under Chapter 20 of Title 2C of the New Jersey Statutes; or
(c) 
Any other crime under Title 2C of the New Jersey Statutes relating adversely to the performance of towing services or the storage of motor vehicles as determined by the Bergenfield Police Department Police Chief.
(5) 
Neither the applicant nor the applicant's personnel have had their drivers' licenses suspended within the past year.
[Added 6-6-2013 by Ord. No. 13-2459]
H. 
Upon discovery of a criminal offense within the last 10 years and a driver's license suspension within the past year, the Chief of Police or his/her designee may exclude only the affected personnel from the tower list or the entire tow company.
[Added 6-6-2013 by Ord. No. 13-2459]
A. 
Upon approval of the application as herein provided, the Borough Administrator will issue the applicant an official tower’s license for each tow vehicle or flatbed vehicle to be utilized in providing services pursuant to this chapter upon payment of the processing fee of $150 for the application, a fee of $100 for the first license and $50 for each additional license requested under the application.
B. 
The official tower license shall be displayed in the rear window of the tow vehicle or flatbed vehicle to which it is issued so as to be visible to the public at all times. The license is not transferable to any other vehicle, and only those vehicles displaying a license and only those drivers approved to be towers shall be authorized to perform the duties of official tower.
[Amended 6-6-2013 by Ord. No. 13-2459]
C. 
The official tower license shall be valid for a period of one year beginning on January 1 of the calendar year and shall be nontransferable. This license shall be subject to revocation by the Mayor and Council for any of the following reasons:
[Amended 3-18-2008 by Ord. No. 08-2403]
(1) 
If it is subsequently determined that an applicant or official tower 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 or which was submitted to the Borough in connection with the application or official tower license.
(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 law, rule or regulation promulgated by the New Jersey Department of Insurance or the New Jersey Division of Consumer Affairs.
(4) 
Unsatisfactory service provided pursuant to this chapter.
D. 
If the official tower license is not revoked by the Mayor and Council, the license will be renewed upon the payment of the renewal fee of $100 for the first license and $50 for each additional license requested by the official tower, payable in advance for the next year on or before December 31; and a satisfactory inspection of the vehicles, drivers and facility as requested by the Bergenfield Police Department Traffic Bureau for each calendar year.
[Amended 3-18-2008 by Ord. No. 08-2403; 6-6-2013 by Ord. No. 13-2459]
E. 
No official tower license is required for on-site repair and/or towing or storage of any vehicle when the request is received by the official tower from the owner of a vehicle.
[Amended 6-6-2013 by Ord. No. 13-2459]
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 maintain and have available to render services required by this chapter a minimum of one regular tow vehicle and one flatbed vehicle.
(2) 
Vehicle classes.
(a) 
Regular tow vehicles must be equipped with a boom or winch assembly mounted on the chassis, a tow sling or wheel lift assembly with at least 100 feet of either three-eighths-inch or seven-sixteenths-inch cable 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) 
Each applicant shall submit, along with its application, proof of ownership or lease of the vehicles which will be utilized to provide services pursuant to this chapter.
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 360º 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 affixed on towed vehicles at night, red colored, when other lights not available.
(d) 
Extra chains and cable 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 a motor vehicle crash or behind a disabled vehicle, and a sufficient quantity and types of tools to enable the tow vehicle operator to perform proper and adequate emergency repair services for the tow.
(2) 
Every tow vehicle or flatbed vehicle shall be in compliance with any and all applicable state, federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements, and shall be subject to inspection by the Chief of Police or his designee at any time. No structural or other change may be made to an inspected vehicle or equipment unless prior written approval is obtained from the Borough.
(3) 
Every tow vehicle or flatbed vehicle employed by the official tower pursuant to this chapter shall display the official tower 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.
C. 
Minimum personnel requirements. 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:
(1) 
Be competent mechanics able to provide minimum road services for disabled vehicles.
(2) 
Have a valid New Jersey auto driver’s license or commercial driver’s license (where required) having no restrictions or conditional endorsements other than a condition requiring the wearing of eyeglasses.
(3) 
Be mentally alert at all times.
(4) 
Obey all traffic laws and regulations.
(5) 
Be subject to interview, and be approved, by the Chief of Police of the Borough prior to rendering any services pursuant to this chapter.
(6) 
Not have been convicted of a criminal offense in the past 10 years nor had the driving privilege suspended or revoked in the past year.
[Amended 6-6-2013 by Ord. No. 13-2459]
D. 
Minimum storage requirements.
(1) 
Every official tower shall maintain an inside building or outside secured storage area meeting the following requirements:
(a) 
The storage area shall be capable of storing a minimum of 10 passenger vehicles. All impounded vehicles shall be held in a secured area, located either inside or outside in the secured area, for the entire length of storage.
[Amended 3-18-2008 by Ord. No. 08-2403; 6-6-2013 by Ord. No. 13-2459]
(b) 
The location of both the storage area and the tow vehicle's base of service shall be either within the geographic limits of the Borough or within two miles of its boundary line.
[Amended 3-18-2008 by Ord. No. 08-2403]
(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.
(e) 
The storage facility shall be available to the official tower 24 hours a day, 365 days per year, and shall be open to the public on weekdays during normal business hours and for limited hours on weekends. The minimum hours for recovery of released vehicles shall be from 8:00 a.m. to 6:00 p.m. on weekdays, and from 8:00 a.m. to 12:00 noon on Saturdays. Recovery of vehicles on holidays, Sundays or weekday and Saturday hours beyond those specified above may be subject to arrangement by the vehicle owner and official tower. Vehicle recovery hours shall be posted in a conspicuous location visible to the public.
(f) 
The Official Tower shall not charge a release fee or make any other charge for releasing a vehicle to its owner after normal business hours or on weekends.
(2) 
The applicant shall, with its application, submit proof of ownership or lease of the storage area.
(3) 
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.
(4) 
The official tower is prohibited from piling of vehicles or parking on public streets or sidewalks.
A. 
The names of official towers shall be placed on a list by the Bergenfield Police Department Traffic Bureau. When new towers are added to the active list, they will be placed at the end of the list upon approval of their application and issuance of their licenses. The list will be disseminated at the beginning of the calendar year to all official towers by the Bergenfield Police Department Traffic Bureau.
[Amended 6-6-2013 by Ord. No. 13-2459]
B. 
The Borough will request wrecking, towing and storage services from each official tower in weekly rotation. When called, the official tower shall advise the dispatcher if a tow 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 excessive under the circumstances to properly protect the public health, safety or welfare, the next official tower on the list will be called, with the first official tower called placed at the bottom of the rotation list, and so on.
C. 
Official requests for service may be made by the Borough Administrator, Borough Clerk, the Superintendent of Public Works or any member of the Police Department or Fire Department.
D. 
The Borough will request service only from official towers; provided, however, that if no emergency or road hazard exists, the Borough will request service from such other person as the owner of the motor vehicle in need of such services may request; and provided further that, if no official tower is available or able to provide services as requested by the Borough, or if an emergency exists, the Borough may request services from any other available source.
E. 
During adverse weather conditions, heavy traffic conditions or emergency conditions, as determined in the sole discretion of the Borough, official towers shall give priority to requests for service received from the Borough over all requests received from any other source.
[Amended 6-6-2013 by Ord. No. 13-2459]
All authorized towers will complete a hold-harmless and indemnification agreement with the Borough annually.
A. 
No person or entity shall be included on the official tower list unless and until the Borough has been provided with an appropriate certificate or certificates of insurance evidencing that there is in effect the following insurance coverage:
[Amended 6-6-2013 by Ord. No. 13-2459]
(1) 
Automobile liability insurance in an amount not less than $1,000,000 combined single limits.
(2) 
Workers' compensation as required by law.
(3) 
Garagekeepers' liability in an amount not less than $150,000 per location.
(4) 
Garage liability of at least $1,000,000 combined limit.
(5) 
Comprehensive general liability insurance in amounts and forms satisfactory to the Borough's risk analyst sufficient to protect the Borough from any liability, loss or damages arising out of the activities to be conducted. In no event shall such insurance be less than $1,000,000 combined limit.
B. 
Policies of insurance shall contain endorsements to provide collision coverage for vehicles in tow.
C. 
Policies of insurance shall be written by insurance companies authorized to do business in the State of New Jersey. Insurance companies shall be acceptable to the Borough and shall have at least an A rating by a recognized rating service.
[Amended 6-6-2013 by Ord. No. 13-2459]
D. 
The Borough of Bergenfield shall be named as an additional insured on all policies of insurance provided pursuant to this chapter. All certificates of insurance shall provide that the policies may not expire, be canceled, terminated or have coverage decreased in the absence of 30 days’ written notice to the Borough.
E. 
Policies of insurance required by this chapter shall be maintained in full force and effect at all times. In the event any insurance coverage required by this chapter is canceled, terminated, interrupted or decreased in amount, the official tower shall be removed from the official tower list until such time as the required coverage is reinstated or replaced and the circumstances are investigated by the Mayor and Council.
[3-18-2008 by Ord. No. 08-2403; 6-6-2013 by Ord. No. 13-2459; 10-1-2024 by Ord. No. 24-2631]
A. 
Fees for towing and storage of private passenger vehicles damaged in a crash, disabled or impounded may not exceed the fees established by N.J.S.A. 40:48-2.54 or by the New Jersey Division of Consumer Affairs in the Department of Law and Public Safety pursuant to N.J.S.A. 40:48-2.55. Clean up and sweep up of solid debris is included in these fees.
(1) 
Passenger vehicles: $130 within the Borough of Bergenfield or to an official tower storage yard if located out of the Borough.
(2) 
Commercial vehicle/truck (vehicles up to 15,000 pounds and does not include passenger vehicles registered commercially): $225 to location within the Borough of Bergenfield or to an official tower storage yard if located out of the Borough.
(3) 
Heavy-duty vehicle/truck (vehicles 15,000 pounds and above): $600/per hour to locations within the Borough of Bergenfield or to an official tower storage yard if located out of the Borough.
(4) 
Additional mileage: $6 per mile (or part thereof) beyond the Borough border for passenger vehicle tows, flatbed tows and commercial vehicle/truck tows (up to 15,000 pounds) $9 per mile (or part thereof) beyond the Borough border for heavy-duty vehicle/truck tows (15,000 pounds and above).
(5) 
Additional services: $75 per 1/2 hour for winching; $150 per 1/2 hour for heavy winching; $125 per 1/2 hour for rolled vehicles, cleanup beyond clearing of a motor vehicle crash site, etc.; $175 per 1/2 hour for heavy duty rolled vehicles.
(6) 
Road service: $100 per call for flat tire, jump start, lockout or other non-mechanical issues; $150 per call for the same services performed on a heavy-duty vehicle/truck.
(7) 
Decoupling fee: $75 for passenger vehicles; $100 for heavy-duty vehicles.
B. 
The following is the fee schedule for storage services:
(1) 
Outside storage: $50 per calendar day (or part thereof).
(2) 
Inside storage: $75 per calendar day (or part thereof).
(3) 
Heavy-duty vehicle/truck storage: $125 per calendar day (or part thereof).
C. 
Pursuant to N.J.S.A. 40:48-2.55[b], the schedule of services and rates for towing of motor vehicles shall be submitted to the New Jersey Division of Consumer Affairs for review within 90 days of the effective date of this chapter. In the event of revision by the Division of Community Affairs, this chapter shall be amended accordingly.
D. 
Fees for towing and storage of private passenger vehicles, other than those damaged in a motor vehicle crash or recovered after being stolen, may not exceed the fees set forth above.
E. 
The fees set forth on the schedule for towing rates are the maximum charges that shall apply to a private passenger automobile for basic towing services. There shall be no additional charges other than those provided herein, including, but not limited to, flatbedding, waiting time, winching, cleanup cost, and additional labor when only basic towing services as defined are provided. Tow vehicles transporting multiple passenger cars at one time shall receive the applicable fees for each vehicle transported.
F. 
The fees set forth on the schedule for storage fees are the maximum storage charges per calendar day that shall apply to a private passenger automobile that is stored.
G. 
Private property towing.
(1) 
No person shall tow any motor vehicle parked for an unauthorized purpose from any privately owned parking lot, from other private property or from any common driveway without the consent of the motor vehicle owner or operator, unless the tower is authorized to act by the owner of the private property as set forth in Subsection G(2), and there is posted in a conspicuous place at all vehicular entrances to the property which can easily be seen by the public a sign no smaller than 36 inches high and 36 inches wide stating:
(a) 
The purpose or purposes for which parking is authorized and the times during which such parking is permitted;
(b) 
That unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner's expense;
(c) 
The name, address and telephone number of the towing company that will perform the towing;
(d) 
The charges, which shall not exceed the fee specified in the tariff on file with the director, for the towing and storage of towed motor vehicles;
(e) 
The street address of the storage facility where the towed vehicles can be redeemed after the payment of the posted charges and the times during which the vehicle may be redeemed; and
(f) 
The tower and the private property owner and the towing company must have entered into a contract for the towing services.
(2) 
A towing company shall not remove a motor vehicle from private property without the consent of the owner or operator of the vehicle without first obtaining written authorization from the property owner or lessee, or its employees or agent.
(3) 
Except as provided in Subsection G(4), of this section, the owner or person in lawful possession of private property may cause the removal of the motor vehicle parked on the property to a storage facility that conforms to the requirements of § 284-6D, if signs are posted on the property as required under Subsection G(1) of this section, or if the vehicle is parked on the property for longer than 48 hours and the towing company complies with the requirements of this chapter.
(4) 
The provisions of Subsection G(1) of this section shall not apply to a motor vehicle parked on a lot or parcel on which is situated a single-family unit or an owner-occupied multi-unit structure of not more than six units or in front of any driveway where the motor vehicle is blocking access to that driveway.
(5) 
A towing company must release the vehicle to its owner who returns to the vehicle before it is removed from the property. In such instances, the towing company shall only charge the decoupling fee and not require payment of the full basic tow fee.
(6) 
Notification to the Police Department. The towing of any vehicle without consent of the owner must be reported to the Bergenfield Police Department prior to removal of the vehicle from the property. The towing operator must advise the Police Department of the time and place from which the vehicle was towed, the license number, the vehicle identification number, the make, the model and color of the vehicle, and the location to which the vehicle was towed, and provide the Police Department the opportunity to verify that the license number matches the vehicle identification number.
A. 
Special equipment recovery: as per New Jersey State Police Max Rate Table then in effect.
B. 
The above charges are subject to the applicable New Jersey State sales tax, and same shall be added to said amounts.
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 Hall. 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 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 tower list shall not be construed or considered as a joint venture, partnership, association, contract of employment or profit-sharing agreement.
E. 
The Borough shall not be liable or responsible for compensating the official tower for any of the services performed under this chapter unless those services are performed for 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.
G. 
Each official tower shall keep and maintain adequate, detailed and complete records showing all vehicles towed, stored and released, all services rendered, all fees charged and collected, and all documents related to the official tower license. All such records shall be available for inspection by the Borough at any time during normal business hours. Such records shall be kept, maintained and safeguarded by the official tower at one location and shall be retained for a period of no less than seven years. Records may be written, printed or computerized as long as the requirements of this subsection are met.
H. 
As stated above § 284-6B(2), no structural changes to tower's vehicles licensed as Borough tow vehicles are permitted without prior written approval from the Borough. Any alterations to a licensed tow vehicle without this approval will be considered a violation of this chapter. Violations of this nature will be handled by the Bergenfield Police Department Traffic Bureau. Penalties shall range from warnings to exclusion from the tower list.
[Added 6-6-2013 by Ord. No. 13-2459]
I. 
Any changes made to the tower's facility or personnel must be provided to the Bergenfield Police Department Traffic Bureau within three calendar days for inspection/background checks. Failure to make prompt notification will result in a violation of this ordinance. If changes to the facility or personnel do not meet the requirements of this ordinance, the tower may be immediately excluded from the tow list. Violations of this nature will be handled by the Bergenfield Police Department Traffic Bureau. Violations range from warnings to exclusion from the tower list.
[Added 6-6-2013 by Ord. No. 13-2459]
A. 
Complaints involving the improper or unsatisfactory performance of services by an official tower, excessive charges or damage to a motor vehicle while in the custody of the Official Tower, or any other reason, may be lodged with the Police Department Traffic Bureau upon the prescribed form. In the event of receipt of a complaint, written notice of its receipt, together with a copy of the complaint, shall be provided by the Borough Administrator to the official tower involved. The official tower shall have the opportunity to respond, in writing, within five days.
B. 
Within 14 days of receipt of the official tower's response, or within 21 days of the receipt of the complaint, if no response is received, the matter will be presented by the Borough Administrator to the Mayor and Council.
C. 
The Mayor and Council shall consider the matter at a regular public meeting and may request that the complainant and/or the official tower appear and give testimony regarding the complaint.
D. 
If, after considering the matter, the Mayor and Council shall determine that one of the causes for revocation of the official tower's license, as set forth in § 284-5C, exists, the license of the official tower shall be revoked and the official tower shall surrender same to the Borough Administrator within one day.
E. 
Failure to surrender the official tower 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 $750, 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 revocation of the official tower's license for the remainder of the calendar year plus one additional calendar year before the tower is eligible for reapplication.
[Amended 6-6-2013 by Ord. No. 13-2459]