[HISTORY: Adopted by the Mayor and Council of the Borough
of Paulsboro 2-19-2013 by Ord. No. 01.13. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 76.
A.
ABANDONED VEHICLE
BOROUGH
DISABLED VEHICLE
PERSON
TOWER
TOWING
VEHICLE
WAITING TIME
WINCHING SERVICE
For the purposes of this chapter, the following terms, phrases and
words shall have the meanings given herein:
Any vehicle which has been left on or along any highway or
other public property or on private property without consent of the
owner or person in charge of the private property for a period of
more than 48 hours or for any period without current license plates.
The Borough of Paulsboro.
Any vehicle located on or along any public right-of-way,
not in operation and with no owner visible and not legally parked
will constitute an inoperable vehicle.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A person engaged in the business or offering the services
of a vehicle tower or towing service, whereby abandoned and/or disabled
vehicles are towed or otherwise removed from the places where they
are disabled, impounded or abandoned by use of a tower or truck so
designed for that purpose.
Hoisting, lifting, removal, hauling and transportation of
any type of vehicle of any size from the highways, streets and roads
located within the Borough of Paulsboro or any other highway, street,
or road within the State of New Jersey.
Any motor vehicle of any type or size, including but not
limited to passenger vehicles, trucks, trailers and other heavy vehicles
and equipment.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to fire/EMS services
which must be performed and/or police investigations.
Any operation in which a vehicle is moved onto a roadway
from a position off the roadway or any other operation whereby a vehicle
is moved by the use of a cable from a position that is not accessible
for a direct hookup by conventional means for loading onto a tow vehicle.
Winching is not pulling a vehicle onto a tilt bed carrier or lifting
a motor vehicle with a conventional tow sling.
B.
When not consistent with the context, words used in the present tense
include the future; words in plural number include the singular number;
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
A.
Generally. The governing body of the Borough, at the beginning of
each period, shall appoint towers to be called by the Police Department
on a weekly basis. Each two-week period shall be assigned to a different
tower. A fee of $100 shall be paid to the Municipal Treasurer by each
tower so authorized. The appointment shall be made after the submission
of an application as hereinafter set forth and the review and recommendation
of the same by the Chief of Police, said appointment to be made by
the Borough Administrator. Any tower receiving appointment shall be
placed on the rotation list, which shall entitle the tower(s) to exclusive
towing rights during the rotation period. In the event that the tower
assigned to a particular rotation is unavailable, then the next tower
on the list shall be called during said rotation, but only for a particular
incident as set forth. Appointments shall be for a three-year period
commencing in May of 2013. Tower(s) wishing to reapply at the end
of their three-year appointment will be required to complete the application
process, to include a fee of $100 submitted to the Borough if appointed.
Applications for the next period shall be received no later than March
31, 2013.
B.
Application process. Any person interested in being placed on the
aforementioned rotation list shall submit an application on a form
to be prepared by the Borough Administrator or his/her designee, said
form to contain at a minimum the information specified herein. The
applicant shall provide, at a minimum, the following information:
(1)
List of required equipment and proof of ownership.
(2)
Experience of applicant, with references.
(3)
Available personnel (employees).
(4)
Proper business and trade licenses and licenses of vehicles.
(5)
Tow trucks having two-way radio/cellular telephone capability with
a dispatching center on a twenty-four-hour basis.
(6)
Storage location, setting forth capacity, contractor responsible
for safe storage area location, proof of ownership or lease of storage
area, along with a survey certifying the square footage within the
surveyed area.
(7)
Insurance and proofs of required coverage.
(8)
List of stockholders.
(9)
Noncollusion affidavit.
(10)
Affirmative action affidavit.
(11)
Hold-harmless agreement.
(12)
Certification that the applicant is able to provide towing services
anywhere in the Borough in accordance with the response time established
within this chapter.
(13)
Certification that the applicant will be available to provide
service on a twenty-four-hour-per-day, seven-day-per-week basis and
will abide by the fees set forth in this chapter.
(14)
Certification that the applicant shall consent to the appointment
of the Borough Clerk as the applicant's true and lawful attorney
for the purpose of acknowledging service out of any court of competent
jurisdiction to be served against the applicant.
C.
Review of application. The Chief of Police shall conduct a background
check of the applicant and any employees to be utilized in the towing
and storage operation. The background check is to determine if either
the applicant or its employees have been convicted of a criminal offense
or have had their driver's license suspended or revoked in the
past year. Conviction of a criminal offense or suspension of a driver's
license within the past year shall be cause for the disqualification
from being appointed to provide towing and impound services. The Chief
of Police or his designee shall conduct an inspection of the employees,
vehicles, equipment and storage area proposed to be utilized by the
applicant to verify the accuracy of the information contained in the
application and to determine compliance with the applicable laws,
regulations and standards of performance required by this chapter.
The Borough shall, at the cost of the applicant, obtain a better Business
Service Bureau report and any other reports that the Borough Administrator
may deem necessary. After a thorough investigation, the Chief of Police
shall recommend to the Borough Administrator whether an applicant
should be appointed to provide towing service to the Borough of Paulsboro
in accordance with the terms and conditions of this chapter.
D.
Independent contract. By submission of the fee and application, the
tower agrees that all personnel and equipment used shall be and remain
the property of the tower, and in no event shall the property or any
employee of the tower be represented or considered belonging to or
employed by the Borough of Paulsboro. The tower is in no way or sense
an agent or employee of the Borough of Paulsboro. All individuals,
partnerships, companies, corporations or legal entities who or which
are approved for the list under this chapter shall not be permitted
to subcontract, lease, sell, franchise, loan or transfer their services
to another wrecker on or off the approved list.
E.
Hold-harmless agreement; liability.
(1)
The tower, by submission of the fee and application, agrees to assume
the defense of and indemnify and hold harmless the Borough, its elected
officials, boards, commissions, officers, employees and agents from
all suits, actions, damages or claims to which the Borough may be
subjected, of any kind or nature whatsoever, resulting from, caused
by, arising out of or as a consequence of the provisions of providing
the services required by this chapter. Prior to providing the towing
services, the tower shall execute the appropriate hold-harmless clause.
(2)
The owner of the garage or the parking or storage location shall
also agree to indemnify and hold harmless the Borough and its officers,
employees and agents from any and all suits and actions, damages or
claims arising out of the performance of the duties specified in this
chapter.
(3)
The Borough of Paulsboro shall not be liable for any services whatsoever
which may be rendered to motor vehicles, and the tower shall only
seek payment from the driver and/or owner of such vehicles for compensation.
F.
Borough Administrator's decision. The Chief of Police shall
conduct the aforementioned review and investigation and render a report
to the Borough Administrator recommending either approval or denial
of the application. The Borough Administrator shall then take action
with regard to appointing a vendor(s) for towing and impound services.
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Borough Administrator.
The following general requirements shall apply to all towers
and towing operations acting on behalf of the Borough of Paulsboro.
A.
Equipment. The tower shall have sufficient equipment to tow any size
vehicle utilizing the highways, streets and roads in the Borough of
Paulsboro. The minimum requirements are one heavy-duty, large-capacity
wrecker of a minimum of 25 tons' capacity, one medium-duty wrecker
of a minimum of 10 tons' capacity, and two light-duty wreckers,
one of which must be a flatbed, a minimum of four tons' capacity.
The specifications are as follows:
(1)
Heavy duty:
(a)
Minimum of 25 tons' capacity.
(b)
Air brakes.
(c)
Minimum 10.00 x 20 tires with dual rear wheels.
(d)
Air fittings for releasing air-pressure lock brakes on dump
trucks and tractor-trailers.
(e)
Under-reach capabilities.
(f)
All required ICC safety equipment must be carried.
(g)
Must meet all federal, and New Jersey Division of Motor Vehicles
requirements.
(h)
Portable safety lighting to be installed on rear of towed vehicle.
(i)
Offside truck winching.
(2)
Medium duty:
(a)
Minimum of 10 tons' capacity.
(b)
Minimum 10.00 x 20 tires with dual wheels.
(c)
Chassis requirements should be 10 tons' gross weight.
(d)
Steering wheel lock for towing vehicles from the rear.
(e)
Wheel lift and under-reach capacity.
(f)
All ICC safety equipment must be carried.
(g)
Must meet all federal and New Jersey Division of Motor Vehicles
requirements.
(3)
Light duty:
(a)
Minimum of 4 tons' capacity.
(b)
Chassis requirements should be 10,000 pounds' gross vehicle
weight and dual rear tires.
(c)
Steering lock on each wrecker for towing vehicles from the rear.
(d)
Tow sling-type bar, rubber strap, to lift the car so that no
part of metal touches the car.
(e)
One wrecker must be of flatbed capability.
(f)
All ICC safety equipment must be carried.
(g)
Must meet all federal, and New Jersey Division of Motor Vehicles
requirements.
B.
At the time of the submission of the application, the tower shall
submit proof satisfactory to the Borough and the Police Department
of ownership of the aforementioned vehicles. Adequate proof shall
be proof of ownership by recorded title of the required number of
vehicles necessary to meet the chapter requirements or executed lease/rental
agreement for the equipment required extending six months beyond the
length of the contract. Failure to submit the aforementioned satisfactory
proof shall result in the disqualification of the tower.
C.
Employees.
(1)
The tower shall have a sufficient number of employees available to
comply with the minimum operational requirements of this chapter.
The tower shall indicate in his application the number of employees
on call and available to respond 24 hours a day, seven days a week.
(2)
The tower shall submit with the application to the Borough the names
and addresses of all proposed drivers and employees who will be rendering
service under this contract on behalf of the tower. This information
is to be kept current with the Borough by the tower.
(3)
All operators of the tower's equipment providing services required
by this chapter shall be over the age of 18 and must have a valid,
current, driver's license.
(4)
No person shall be utilized by the tower to provide services required
by this chapter for the Borough unless the Borough has obtained a
record check which has been approved by the Chief of Police. The Chief
of Police may reject the services of an employee of the tower for
the following reasons:
(a)
Conviction of any crime of the first or second degree.
(b)
Conviction of any crime involving the use of a firearm.
(c)
Conviction of any crime involving the manufacture/distribution
of any controlled dangerous substance.
(d)
Conviction of any crime or offense which subjects the employee
to the provisions of Megan's Law.
(e)
Conviction within the last five years for driving under the
influence of intoxicating beverages or drugs.
(5)
No employee of the tower shall perform services unless previously
listed by the contractor to the Borough.
D.
Availability.
(1)
The tower shall be available 24 hours a day, seven days a week, for
use of the Borough at the direction of the authorized representatives
of the Police Department as per the rotation requirements hereinafter
set forth. During the rotation, the tower has exclusive rights to
two vehicles on behalf of the Borough of Paulsboro, and said tower
shall be called or dispatched first by the Police Department.
(2)
In the event that said tower is unavailable with respect to a particular
incident, then the next tower as set forth on the rotation list shall
be called or dispatched to the scene. The rotation list shall be as
a result of the receipt and review of the approval of the aforementioned
applications.
(3)
In the event that none of the towers set forth on the rotation list
are available or are available to provide the appropriate services
requested by the Borough, or if an emergency exists, the Borough may
request such services from any other available source. During adverse
weather conditions, heavy traffic conditions or emergency conditions,
the tower set forth on the rotation list shall give priority to requests
from the Borough over any other request which may be received by the
tower. Notwithstanding the establishment of a rotation list, no tower
shall be called until the Chief of Police or his designee has ascertained
that the following requirements have been met:
(a)
The insurance policies, as required, have been procured and
supplied.
(b)
The vehicle to be used for towing has been properly licensed
and inspected by the State of New Jersey and has the necessary stickers
affixed. No vehicle shall be licensed as a wrecker which is using
dealer plates or which has failed inspection.
(c)
The requirements of this chapter and all other laws, statutes
and ordinances have been met.
E.
Response time. The tower shall, once notified, dispatch a tow truck(s),
as circumstances warrant, to provide towing services anywhere within
the Borough, when requested by the police and/or Zoning Official,
in such a manner that the tow truck arrives at the scene within a
maximum response time of 20 minutes, except when extraordinary circumstances
occur. Unless heavy or unusual traffic conditions within the Borough
prevent a wrecker from arriving at the scene within 30 minutes, failure
to respond within that time frame shall be considered a breach of
this chapter. In the event that a wrecker fails to respond within
30 minutes from the time of the call, the police reserve the right
to contact the next available wrecker on the rotational list.
F.
Storage location. The vehicles must be towed to a location containing
a minimum storage area sufficient for the storage of not fewer than
10 vehicles and one tractor-trailer. The applicant shall submit as
part of the application process proof that he owns or can lease the
aforementioned minimum storage area. If the tower has an option to
lease the required storage area, he shall submit with his application
a copy of the lease agreement containing the description together
with a copy of the survey of the land. The lease shall extend to at
least six months after the termination of the tower's appointment.
The surveys required herein shall have set forth thereon a certification
by the surveyor to the Borough as to the square footage within the
storage area as surveyed. Storage area shall meet the following requirements:
(1)
The land used for storage of the vehicles shall be zoned for such
use and meet all applicable municipal codes. In addition, it shall
be in an area reasonably accessible to the public so that stored vehicles
may be claimed.
(2)
No towed vehicle may be parked upon the public street, and they shall
be stored by the tower within the storage areas as hereinafter defined.
(3)
The tower must provide access to the storage area to the Police Department
as needed on a twenty-four-hour-a-day basis.
(4)
The storage area shall accept all types of vehicles and be able to
hold not fewer than 10 vehicles and one tractor-trailer.
(5)
The entire land area shall be enclosed by a fence of sturdy construction
of at least eight feet in height and shall be secured with sufficient
lighting from dusk to dawn so as to prevent trespassing.
(6)
The land used for storage is to be level and clear from all debris
and must be clearly marked.
(7)
The storage area shall be used for the storage of vehicles awaiting
a claimant or proper disposition. The land shall not be used for storage
of vehicles owned by the tower, even if the tower purchases same at
an auction held on his premises. Vehicles purchased by the tower at
an auction held at the tower's storage facility must be removed
within the time frame specified on the advertisement.
(8)
The tower shall be responsible for each vehicle and its contents
in the tower's possession until final disposition and removal
as ordered by the Borough. All vehicles, regardless of condition,
shall be stored singly and so arranged to permit inspection and subsequent
removal. Adequate walkway inspection space shall be provided at all
times.
(9)
The storage location shall be within a seven-mile radius of the Borough
of Paulsboro's Police Station. A storage location within this
proximity is required for the convenience and safety of the owners
of the towed vehicles and to allow for timely and reasonable access
by law enforcement for investigative purposes. All owners of towed
vehicles are required to report to the Paulsboro police station prior
to release of his/her vehicle. Therefore, this distance has been established
so that a person retrieving a towed vehicle would only be required
to travel, at a maximum, seven miles in any direction to retrieve
his/her vehicle. Further, this distance has been established to allow
law enforcement officials to have to travel, at a maximum, seven miles
in any direction to investigate any vehicle towed by the Borough Police
Department in the course of its duties.
(10)
The storage area must have a secure, indoor location for the
storage of vehicles identified as potentially being involved in a
crime. The area shall not have less than 800 square feet of inside
storage to hold and protect vehicles, and such location must be capable
of being locked, must afford the vehicle protection from the elements
and must be able to prohibit access and/or tampering to the vehicle
by anyone other than law enforcement.
G.
Violations.
(1)
If a tower is in violation of any terms of this chapter, the Chief
of Police shall notify the Borough Administrator, and the Borough
Administrator shall notify the tower in writing. If the violation
is not corrected within three business days of the receipt of said
written notice, the Borough Administrator, upon recommendation of
the Chief of Police, shall terminate the tower's services and
remove said tower from the rotation list. Adequate grounds for termination
of services shall include but are not limited to a violation of the
terms of this chapter, fraudulent or inaccurate application information,
unsatisfactory service, billing irregularities, or the violation of
any New Jersey statute or regulation.
(2)
Complaints of any kind relative to service, overcharging, theft of
parts, damage to towed or stored vehicles, discourteous treatment
and the like shall be referred to the Chief of Police for investigation
and recommendation to the Borough Administrator, if necessary. Such
complaints may be cause for termination of the tower's services
and removal from the rotation list by the Borough Administrator.
H.
Records, inspection; release of vehicle. The tower shall maintain
a record of all vehicles towed, stored and released by him pursuant
to this chapter. Records shall be kept for a seven-year period. The
tower shall maintain a record provided by the police of all property
found anywhere in a towed vehicle, including the trunk and glove compartment,
if opened or if a key is available, and the tower shall be responsible
to safeguard and release the vehicle and the contents left with the
vehicle to the owner.
(1)
The tower is to notify the Chief of Police or his designee once a
vehicle is towed, pursuant to this chapter, and has been in the tower's
possession for a period of seven calendar days.
(2)
The tower shall not release vehicles towed pursuant to this chapter
without the claimant first obtaining a release from the Police Department.
In addition, the tower shall notify the Chief of Police, or his designee,
of the release of a vehicle towed pursuant to this chapter within
24 hours.
(3)
Only the Chief of Police or his designee shall have access to any
part of the storage area at any time of the day or night for inspection
purposes, including both indoor and outdoor areas. Authorized representatives
of the Police Department or the Borough Administrator or their designee
shall have access to any of the records required to be kept by the
tower. Access to these records shall be provided to the Chief of Police,
Borough Administrator, or their designees, upon their request during
normal business hours.
(4)
The service, equipment and personnel of the tower are subject to
inspection and approval by the Borough. The Borough reserves the right
to have a qualified person or agency make such inspections.
I.
Disputes and adjustments.
(1)
Any disputes over the interpretation of this chapter, including the
reasonableness of any fees assessed, shall be settled amicably, if
possible, through negotiations between the tower, the Police Department
and the Borough Administrator. Nothing in this subsection shall affect
the parties' rights to pursue their legal remedies available
at law or equity.
(2)
In cases where the Borough has been at fault in wrongfully directing
that a vehicle be towed, the tower may petition the Borough Administrator
for reimbursement of costs incurred in the towing and storage of said
vehicle.
J.
Standby service.
(1)
In addition to the service requirements of this chapter, the tower
shall be required to furnish extra towing equipment and service during
storm periods, periods of snow emergencies, traffic emergencies, disasters,
any acts of God, and for any other reason when so designated by the
Borough Administrator, the Chief of Police or their authorized representatives.
During such periods, which are herein referred to as "standby service
periods," the tower shall be required to furnish adequate equipment
and service to be held ready to remove all types of vehicles.
(2)
Standby service will begin when the Chief of Police or his authorized
designee calls the tower initially and will end when he terminates
the standby status by railing the tower.
(3)
The Borough reserves the right, during any emergency, to designate
temporary areas owned or leased by the Borough for the storage of
disabled vehicles in said area at the direction of the Chief of Police
or his designee.
A.
Removal. Vehicles shall be removed as follows:
(1)
Abandoned vehicles.
(a)
Abandoned vehicles, as defined in Title 39 of the New Jersey
Revised Statutes, shall be removed under the direction and supervision
of the Police Department on a twenty-four-hour-a-day basis. The tower
shall, once notified, dispatch a tow truck(s), as circumstances warrant,
to provide towing services anywhere within the Borough, when requested
by the police and/or Zoning Official, in such a manner that the tow
truck arrives at the site within a maximum response time of 20 minutes,
except when extraordinary circumstances occur. Unless heavy or unusual
traffic conditions within the Borough prevent a wrecker from arriving
at the site within 30 minutes, failure to respond within that time
frame shall be considered a breach of this chapter. In the event that
a wrecker fails to respond within 30 minutes from the time of the
call, the police reserve the right to contact the next available wrecker
on the rotational list.
(b)
Abandoned vehicles shall be towed without charge to the Borough
to the aforementioned required storage area and stored thereon for
no longer than 90 days without any charges or liens accruing against
the Borough. Abandoned vehicles remaining after 90 days may be removed
from the secured area, provided that a junk title has been applied
for pursuant to the provisions of Title 39.
(c)
The tower may be penalized $150 per day for each abandoned vehicle
not removed and towed within a reasonable amount of time after notification
by the Police Department, and that may be grounds for termination
of tower's appointment.
(d)
The requirement to tow abandoned motor vehicles shall only apply
to public rights-of-way, easements, avenues and places, including
public parks and playgrounds, and all quasi-public areas. The owner
of private property shall be responsible for the removal of any unattended
or disabled vehicles in accordance with the provisions of N.J.S.A.
39:4-56.6 and shall employ a tower of his/her choice.
(e)
The Borough retains the right to require that the abandoned
vehicle shall be towed to municipal property and to retain any monies
realized from the sale of such vehicles. The Borough shall pay the
tower's reasonable fees as set forth in this chapter for towing
a vehicle sold in this manner from the proceeds of the sale. Abandoned
vehicles, not claimed by the owner or lien holder, may be sold at
public auction pursuant to the provisions of N.J.S.A. 39:10A-1 through
39:10A-7. Prior to sale at auction of any abandoned vehicle, the Borough
will obtain the appropriate junk title or certificate of ownership
for said abandoned vehicle from the Division of Motor Vehicles. If
the Borough does not exercise its right to retain the abandoned vehicle,
the Borough shall notify the tower of this decision and allow the
tower to dispose of the vehicle pursuant to any remedies allowed under
N.J.S.A. 39:1-1 et seq. or other applicable statute or regulation.
(2)
Vehicles not abandoned.
(a)
All vehicles involved in accidents, disablements, stolen vehicles,
vehicles involved in suspected crimes, and the like shall be towed
and stored under the direction and supervision of the Police Department
24 hours a day, seven days a week, as set forth above. Vehicles shall
be available for release between the hours of 9:00 a.m. to 5:00 p.m.,
Mondays through Fridays, and 9:00 a.m. to 12:00 noon, Saturdays and
Sundays, except legal holidays. Sunday hours are optional. The tower
shall arrive at the scene of the accident within 20 minutes under
normal conditions after police notification. Repeated late arrivals
at the scene of accidents may result in the termination of the tower's
services as otherwise provided in this chapter.
(b)
In the event that the tower has been summoned by the Borough,
as set forth in this chapter, for purposes of towing a vehicle and
the owner of the vehicle has also summoned his own tower, and said
tower arrives on the scene prior to removal of the vehicle by the
Borough's tower, then the owner is entitled to remove his own
vehicle at no cost or expense to the owner or the Borough. There shall
be no charge to the Borough for the tower appearing at the scene under
said conditions. Further, owners of vehicles that are involved in
motor vehicle accidents may opt to have their car towed by any tower
of their choosing, provided that said tower can respond to the scene
within the time limits set forth in this chapter.
B.
Storage. The tower shall store the abandoned and nonabandoned vehicles
in the storage area as required in this chapter. The vehicles shall
be stored until claimed by the owner or until auctioned by the Borough
in compliance with state law or as otherwise to be disposed of pursuant
to state law. Vehicles to be removed shall be towed to the tower's
storage area or to Borough property, at the discretion of the Police
Department. Upon request by Borough police, vehicles that are identified
as potentially having been involved in a crime shall be stored in
a secure, indoor location as described in this chapter for the purpose
of preserving and securing the potential crime scene and/or evidence.
Said vehicles shall remain stored and locked and shall not be accessible
to anyone except law enforcement until such time as the necessary
search warrants can be obtained and the vehicle is processed by detectives.
Failure to properly store vehicles suspected to have been used in
a crime shall constitute a violation of this chapter and shall be
grounds for immediate removal from the towing rotation.
A.
The tower shall indemnify and hold harmless the Borough of Paulsboro
from any and all claims against the Borough of Paulsboro arising out
of the operation of any towing services or garage services or storage
services or repair services under this chapter. Liability insurance
shall include contractual liability of $1,000,000 combined single
limit.
B.
The tower shall carry workers' compensation insurance in accordance
with the requirements of New Jersey state law. The tower shall also
carry public liability and property damage, contingent liability insurance
to indemnify the Borough of Paulsboro and the public against any loss
due to injuries, accidents or damages of any character whatsoever,
where any such damage is the result of any act or omission of the
tower, his agents or employees in or due to the execution of the work
called for under this chapter. Such policies shall contain the provision
that 30 days' notice of change or cancellation be given to the
Borough by the insurance company. Public liability insurance limits
shall be at least $500,000 per accident and be specifically endorsed
to provide collision insurance for vehicles in tow. In addition, the
tower shall have coverage for contractual liability and also name
the Borough as an additional insured. All insurance required hereunder
shall remain in full force and effect for the period of the appointment.
C.
The tower shall carry appropriate bodily injury liability insurance
with $1,000,000 combined single limit; automobile bodily injury liability
insurance with limits of not less than $500,000 for each person and
$1,000,000 for each accident; and property damage liability insurance
with a limit of not less than $500,000 for each accident.
D.
The tower shall carry garagekeeper's liability in an amount
not less than $60,000 per location and garage liability in an amount
not less than $1,000,000 combined single limit.
E.
Certificates of insurance showing that the tower and the Borough
of Paulsboro are named as additional insured, in conformance with
the above, shall be furnished to the Borough Purchasing Agent, subject
to approval of the Borough Solicitor, and filed with the Borough Clerk.
The certification of insurance shall be delivered to the Borough Purchasing
Agent.
A.
Generally.
(1)
Towing and storage charges and fees shall be in accordance with N.J.S.A.
40:48-2.5 as well as the provisions of this chapter. The Borough shall
not be responsible for the collection or payment of any charges for
the towing or storage of vehicles. The charges and fees and rates
applicable to services performed pursuant to this chapter shall be
posted in a conspicuous place visible to the public at the tower's
storage area and shall be presented to the owner of a vehicle to be
towed at the time of service. The tower shall prepare an itemized
bill in detail as to the actual services rendered and present the
bill to the claimant of a vehicle. Each bill shall contain a statement
that the claimant may file a complaint with the Borough with respect
to charges. The Borough will not be responsible for charges due and
owing from a claimant of a vehicle, nor will it assist the tower in
collecting such charges. Vehicles impounded as a result of police
investigations involving stolen vehicles will not result in storage
charges. Vehicles involved in a fatal accident shall not incur charges
until after seven days (168 hours). In all such cases, the Borough
reserves the right to store such vehicles at a location of its choosing.
(2)
In the event the Borough conducts an auction of unclaimed abandoned
vehicles pursuant to Title 39, the tower's bill for towing and
storage shall be an expense of possession and sale and shall be paid
from the proceeds of such action. Each vehicle auctioned shall be
a separate item for purposes of this subsection. The title fee for
which the Borough must pay to the State of New Jersey for title certificates
shall be paid by the purchaser at the auction even if the tower is
the purchaser and shall be in addition to the bid price of each vehicle.
In the event the Borough determines to utilize the provisions of Title
39 with respect to unclaimed vehicles, the tower shall receive no
compensation for its services.
(3)
The fee for towing a vehicle shall include the service rendered from
the scene where the vehicle is located to the storage area and from
the storage area to the curbline of the property on which is located
the storage area. There shall be no additional charge for towing a
vehicle from the storage area to the curbline for the purpose of an
owner of a vehicle towing the vehicle to a service station or other
repair shop or the person's home or other location. The charge
for towing includes all incidental and related costs such as disconnecting
and reconnecting a transmission. There shall be no additional costs
for any other services to the owner of the vehicle, including but
not limited to waiting time, debris removal, winching and additional
labor when routine towing services as provided for by this chapter
are performed. The tower may charge to the insurance company any fees
or costs as allowed pursuant to New Jersey statutes, the New Jersey
Administrative Code and the Department of Community Affairs. The tower
shall be responsible for the cleanup and disposal of motor vehicle
fluids, in accordance with state law and accepted standards, and there
shall be no additional labor charges for this service. The tower may
charge the owner/operator for material used in the cleanup of motor
vehicle fluids. The tower may charge a fee for lockout service as
well as roadside assistance such as jumpstarts, tire changes, and
providing gasoline for vehicles that have run out of fuel.
B.
Charges and fees. The charges, fees and rates for vehicles to be
towed and stored shall be as follows:
(1)
Flatbed and towing service pursuant to this chapter, which will include
all routine towing/winching, labor and cleanup costs associated with
the removal of the vehicle:
(a)
Any towing service requested for automobiles, all-terrain vehicles,
motorcycles, motor scooters, mopeds and trucks less than 2.5 tons:
$100 daytime rate and $125 nights, weekends and holidays.
(b)
Trucks 2.5 tons to five tons: $175 daytime rate and $200 nights,
weekends and holidays.
(c)
Trucks, buses, tractor-trailers, and heavy equipment over five
tons: $450 daytime rate and $475 nights, weekends and holidays.
(d)
Additional charges may apply as approved by the Chief of Police
or his/her designee.
(3)
Mileage:
(a)
There will be no charge for mileage for vehicles towed within
the Borough limits.
(b)
For vehicles towed to or from areas outside the Borough limits,
other than the storage location of the tower, the price shall be negotiated
between the tower and the owner of the towed vehicle. If the price
cannot be agreed upon per industry standards, the tower will take
the vehicle to its storage location with no mileage charge.
(4)
Storage:
(a)
Storage is charged per calendar day.
(b)
Motorcycles, all-terrain vehicles, mopeds, and motor scooters
will be charged $35 per day.
(c)
Automobiles and trucks less than 2.5 tons: $35 per day.
(d)
Trucks 2.5 tons to five tons: $40 per day.
(e)
Trucks, tractor-trailers, buses, and heavy equipment over five
tons: $80 per day.
(f)
Fees billed to the Borough for vehicles removed at the Borough's
direction will be consistent with N.J.S.A. 40:48-2.50 and shall not
exceed the following.
[1]
A limit of $3 per day for the first 30 days of storage per vehicle.
[2]
A limit of $2 per day for day 31 of storage and any day thereafter.
[3]
A limit of $400 per vehicle stored regardless of the duration
of the storage, except that a waiver may be granted for good cause
upon the request of the municipality by the Division of Local Government
Services in the Department of Community Affairs.
C.
Specialized equipment. In cases where the tower must hire laborers
or rent or utilize specialized equipment not specified in this chapter,
all reasonable charges therefor shall be paid by the owner of the
vehicle, after the owner of the vehicle or his agent has given his
prior written consent thereto, except where said vehicle is deemed
a hazard to health or safety, whereupon said vehicle will be removed
by the direction of the Chief of Police or his designee, with the
owner then being responsible for all personnel, equipment and labor
costs. The Chief of Police or his designee shall determine the necessity
for specialized equipment.
D.
Unloading of goods. In the event that it is necessary to unload a
vehicle which has been used for transportation of goods prior to towing,
an agreement shall be reached between the tower and the owner of the
vehicle or the owner's agent or representative as to the charge
for said service. No written agreement is necessary in an emergency
situation, and the Chief of Police or his designee shall determine
when an emergency exists.
