[HISTORY: Adopted by the Borough Council of the Borough of
Lincoln Park 10-21-2013 by Ord. No. 10-13, effective 11-11-2013
(Ch. 152 of the 1991 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 450.
The purpose of this chapter is to establish the requirements
and procedures for the licensing of towing operators to be utilized
by the Borough of Lincoln Park on a non-exclusionary, rotational basis
for the towing of vehicles that are abandoned, illegally parked, involved
in accidents or suspected of involvement with criminal activity within
the Borough of Lincoln Park and when otherwise requested by the Police
Department of the Borough of Lincoln Park.
[Amended 3-17-2014 by Ord. No. 2-14, effective 4-6-2014]
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle that the owner or operator leaves on a public
roadway, or other public property, or on private property without
the consent of the owner or person in charge of that property, for
more than 48 hours without notifying the Police Department of the
Borough of Lincoln Park or attempting to repair and remove the same.
A vehicle that remains on or along a highway or other public property
for any period of time without current/valid license plates shall
be presumed to be an abandoned vehicle. Vehicles used or to be used
in the construction, operation or maintenance of public facilities
and left in a manner that does not interfere with the normal movement
of traffic shall not be considered abandoned vehicles.
A granulated or powder substance used to soak up fluids commonly
found in the operation of motor vehicles. A bag or container of absorbent
will be defined as weighing 50 pounds.
Charges paid to the Borough for post-tow services, including but not limited to services such as physical inspection and/or inventory of vehicles, removal of personal items, telephone and/or fax calls and completion of tow reports and vehicle release forms and as set forth in § 34-14B.
The cleanup and removal of small quantities of fluids associated
with the operation of a motor vehicle which leak onto the ground.
The towing of a vehicle or the removal and transportation
of a vehicle from a highway, street, or other public or private land.
The Borough of Lincoln Park.
The Borough of Lincoln Park Garage located at 1 George Cobb
Way, Lincoln Park, New Jersey, or the Borough of Lincoln Park Municipal
Building, 34 Chapel Hill Road, Lincoln Park, New Jersey.
The highest ranking sworn officer within the Borough of Lincoln
Park Police Department. Duties listed herein can be delegated to a
designee approved by the Chief of Police.
The operation of a tow vehicle upon a roadway within the
Borough of Lincoln Park to solicit vehicle towing and other related
towing services except in response to a police request.
A motor vehicle which has been abandoned or rendered inoperable
by mechanical failure or accident. Any motor vehicle, operable or
inoperable, which constitutes a hazard to the motoring public by its
location shall be deemed disabled for the purposes of this chapter.
Repairs which can be performed at the scene of a tow, including
but not limited to flat tire changing, jump starting and gasoline
deliveries.
An unobstructed flat paved area 25 feet by 15 feet where
a vehicle can be placed when needed for inspection by the Police Department.
Examination areas must be outlined by painted markings on the pavement.
A tow truck with dual rear wheels and air brakes capable
of towing and wheel lifting large vehicles and shall meet the following
minimum requirements:
The act of storing and confining a motor 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, suspected criminal activity or other violation of
the New Jersey Motor Vehicle Title 39 Statutes that the Police Department
may act upon.
A motor vehicle incapable of being operated safely or of
being put in safe operational condition except at a cost in excess
of the value thereof.
Any person, firm, partnership, association, corporation,
company, or organization of any kind issued a towing license by the
Borough of Lincoln Park pursuant to the provisions of this chapter.
A tow truck with dual rear wheels capable of towing or wheel
lifting vehicles and shall meet the following minimum standards:
A vehicle carrier equipped with a wheel lift and rollback/tilt
bed with dual wheels capable of removing and transporting small trucks,
full-size vans or large passenger cars damage-free and shall meet
the following minimum requirements:
A tow truck with dual rear wheels capable of towing and wheel
lifting small trucks and shall meet the following minimum requirements:
Care that is normally given to protect a motor vehicle from
further damage, including but not limited to usage of tarps for environmental
protection and security protection for storage areas.
A motor vehicle storage facility that is not completely indoors
and must meet the following minimum standards:
Area completely secured by a fence, wall or other man-made barrier
that is at least six feet in height. Fencing must have vision obstruction
material.
All entry points shall have a locking device.
Total area shall have adequate lighting to protect stored vehicles
from vandalism.
Area must be able to accommodate at least 50 vehicles.
A person, firm, corporation or partnership that owns and/or
operates a motor vehicle on the roads and highways within the Borough
of Lincoln Park.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Borough of Lincoln Park Police Department.
The business office of the licensee where the licensee shall
conduct business associated with the towing and storage of vehicles
under the authority of the towing license issued by the Borough of
Lincoln Park. A principal location must be staffed during business
hours and shall maintain a clean, comfortable waiting area with toilet
facilities and an accessible pay phone.
Recovery can be achieved by several actions that may include
but are not limited to winching and rigging. A recovery is when the
tow operator applies his knowledge in a skillful manner to preserve
the condition of the motor vehicle while moving the vehicle to a towable
position.
The storage, housing or holding of vehicles indoors or outdoors
by a licensee under authority of this chapter.
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
motor vehicles.
A wrecker and/or flatbed tow truck driven by mechanical power
and employed for the purpose of towing, transporting, conveying, recovering
or removing inoperable vehicles or any vehicles which the Police Department
has ordered to be impounded. Tow vehicles must be manufactured by
a tow truck manufacturer that is nationally recognized by the towing
industry.
Any vehicle towed by a licensee under this chapter that is
left unclaimed for a period of two weeks or more.
Every device in, upon or by which a person or property is
or may be transported upon a highway except devices moved by human
power.
Additional time a licensee 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 EMS services which
must be performed and/or police investigations.
The process of moving a motor vehicle by the use of a cable
from a position that is not accessible for direct hookup by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
onto a tilt bed or carrier, nor lifting a motor vehicle with a conventional
tow sling.
[Amended 3-17-2014 by Ord. No. 2-14, effective 4-6-2014]
A.
No person, firm or corporation, while acting as an official tow service
for the Borough of Lincoln Park, shall operate a tow vehicle upon
or along any street in the Borough until the owner thereof shall obtain
a license therefor.
B.
A maximum of six licenses will be issued by the Borough. If the Borough
receives in excess of six applications that comply with all of the
requirements of this chapter, the six available licenses will be awarded
to qualified applicants by random lottery. The qualified applicants
will be notified of the date, time and place of the lottery and the
lottery will be open to members of the public.
C.
Applications for towing licenses shall be obtained from and filed
with the Borough Clerk not later than September 30 of the pre-licensure
year. Applications filed after September 30 will not be accepted.
All applications must include the following information:
(1)
The complete legal business name, business address and business telephone
number of the applicant;
(2)
If a sole proprietorship, the complete home address, home telephone
number, date of birth and social security number of the applicant.
If a corporation or partnership, the complete home addresses, home
telephone numbers, dates of birth and social security numbers of the
principal officers and partners;
(3)
The year, make, type, model number and serial number of every tow
vehicle to be operated by the applicant;
(4)
Photocopies of the registrations of every tow vehicle to be operated
by the applicant. If a tow vehicle is leased, the applicant is required
to submit a copy of the lease agreement. If a tow vehicle is financed,
the applicant is required to submit a copy of the financing agreement.
If a tow vehicle is owned by the applicant, the applicant is required
to submit a copy of the title to the vehicle;
(5)
A certification stating that the applicant does not share any of
its tow vehicles with another towing operator or company;
(6)
The name, address and telephone number of the applicant's insurance
carrier(s), the policy numbers of all insurance policies issued for
the business, the business premises and the tow vehicles and photocopies
of all certificates of insurance issued by the carrier(s);
(7)
The names, addresses and telephone numbers of any persons or entities
possessing any liens or encumbrances on any tow vehicle to be operated
by the applicant;
(8)
Photocopies of current driver's license for every employee that operates
tow vehicles;
(9)
A certification stating that the applicant does not share any of
its employees with another towing operator or company;
(10)
The social security numbers of every employee that operates
tow vehicles;
(11)
A separate background check on the applicant and every employee
of the applicant, which shall be obtained from the Lincoln Park Police
Department. If a corporation or partnership, a background check shall
be provided for each of the principal officers and partners;
(12)
Proof that the applicant can ensure a ten-minute response time
on all calls with exceptions for heavy or unusual traffic conditions;
(13)
Proof that the applicant owns, operates, controls and does not
share its storage facility with another towing operator or company
and that the location of the applicant's storage facility is within
five miles of the Borough of Lincoln Park Municipal Building, 34 Chapel
Hill Road, Lincoln Park, New Jersey. Mileage will be calculated by
the shortest travel route;
(14)
Proof that the applicant's storage facility can accommodate
at least 50 vehicles and that the security features of the storage
lot are sufficient to safeguard against vandalism and theft;
(16)
A certification granting permission to the Police Department
to conduct inspections of the applicant's tow vehicles and storage
facility for the purpose of determining compliance with this chapter;
and
(17)
Such other information as the Borough shall deem appropriate
and necessary.
E.
Review of application; investigation of applicants.
(1)
The Borough Clerk shall forward all completed applications to the
Chief of Police, who shall conduct or cause to be conducted such investigation
as he deems necessary to determine the truth and accuracy of the information
contained in the application and the applicant's compliance with this
chapter, including a review of a driver's abstract for the applicant
and all employees that operate tow vehicles. If a corporation or partnership,
a driver's abstract will be reviewed for each principal officer and
partner and all employees that operate tow vehicles.
(2)
The Borough recognizes that licensees must be trustworthy in that
they are safeguarding vehicles and personal property belonging to
others and securing and protecting evidence when a vehicle is impounded
by the Police Department due to an accident investigation or criminal
activity. Therefore, to protect the public interest, the Chief of
Police may disqualify an applicant if an employee, owner, principal,
partner, agent and/or other officer of the applicant has been convicted
of a crime or violation that would indicate that the applicant may
not be responsible to perform in the best interest of others.
(3)
The Chief of Police shall, following review of the application, endorse
his approval or disapproval of the application. If the application
is disapproved, the reasons therefor shall be set forth in writing.
(4)
If an application is denied, the tow operator denied a license is
prohibited from responding to service calls from the Police Department
within the Borough.
A.
Licenses shall be issued no later than December 31 of the pre-licensure
year by the Borough Clerk to be effective on January 1 for the next
succeeding year.
B.
Licenses issued pursuant to this chapter shall be effective on January
1 and expire on December 31 of the calendar year for which the license
is issued.
C.
Licenses issued under this chapter shall be prominently displayed
on all tow vehicles and at the licensee's principal location and/or
storage facilities.
D.
Licenses are the property of the Borough and cannot be assigned,
leased, shared, transferred or sold to another person, corporation
or proprietorship under any circumstances.
E.
Licensees shall notify the Chief of Police in writing of any criminal
charges, motor vehicle offenses and ordinance violations issued against
any employee, owner, principal, partner, agent and/or other officer
during the term of the license. Failure to make prompt notification
to the Police Department may result in revocation of the license.
F.
If a licensee wishes to hire a new employee to operate tow vehicles, the licensee shall provide the Chief of Police with all of the information required by § 426-3, including a background check from the Lincoln Park Police Department for the new employee. The new employee cannot operate a tow vehicle under a license granted by the Borough until the Chief of Police approves the addition of the new employee to the license.
G.
Upon issuance of the license, licensees shall pay the Borough a fee in the amount set forth in § 34-14, Towing, of Chapter 34, Fees, of the Code of the Borough of Lincoln Park for each vehicle towed and as identified in the written log required by § 426-7T. Said fee is for costs incurred by the Police Department for administrative services, such as removal of personal items from towed vehicles, telephone and/or fax calls and completion of tow reports and vehicle release forms. Licensees shall pay the above fees on a monthly basis to the Borough Clerk and payment is due on the 15th of every month. If payments are not made on a timely basis, the Chief of Police may suspend or terminate licenses.
A.
Licenses issued under this chapter may be revoked by the Chief of
Police, after reasonable notice and an informal review, for any of
the following reasons:
(1)
Materially false or inaccurate information in the application or
a change of circumstance which would have caused disapproval of the
application, if the circumstances had existed at the time of application.
(2)
Failure of the licensee to comply with any of the requirements of
this chapter or any additional regulations promulgated by the Chief
of Police.
B.
Any applicant or licensee aggrieved by action taken by the Chief
of Police or the Borough Clerk in the denial of an application for
a license or revocation thereof may appeal to the Borough Administrator
by filing with the Borough Clerk, within 14 days after notice of the
action complained of, a written request for an informal review setting
forth the grounds for the appeal. The Borough Administrator will set
a time and place for an informal review on such appeal and notice
of the time and place shall be served upon the applicant or licensee
at least five days prior to the date of the informal review. The Borough
Administrator will issue a determination on the appeal within 14 days
of the informal review.
A.
All licensees shall maintain, during the term of the license, the
following minimum insurance coverage, naming the Borough as an additional
insured:
(1)
Automobile liability insurance, including uninsured motorists' liability,
in an amount not less than $1,000,000 combined single limit, covering
all owned, non-owned and hired vehicles utilized by the licensee.
(2)
Statutory workers' compensation insurance, including employers' liability
insurance, as required by the State of New Jersey in an amount not
less than $500,000 for bodily injury by accident, $500,000 for bodily
injury by disease and $500,000 for bodily injury for each employee.
(3)
Garage liability insurance, including premises and completed operations
insurance, in an amount of not less than $1,000,000 for each occurrence
and $2,000,000 in the general aggregate.
(4)
Garage keepers' insurance, in an amount not less than $100,000, providing
comprehensive and collision insurance for all non-owned vehicles in
the care, custody or control of the licensee. Coverage must include
"on hook" while vehicles are in tow.
B.
All policies of insurance shall contain an endorsement requiring
that at least 10 days' notice shall be given to the Borough Clerk
in the event of any material change in or cancellation of the policy.
C.
Licensees shall indemnify and hold harmless the Borough from all
damages and claims for damages which may be made by any person for
bodily injury or property damage arising out of, or in any way related
to, the operation of any tow vehicle or storage facility pursuant
to this chapter. Licensees shall further defend the Borough, at the
licensee's expense, against any claim, suit or action brought against
the Borough that arises out of the operation of any tow vehicle or
storage facility pursuant to this chapter.
D.
All policies of insurance shall be issued by insurance companies
authorized to do business in the State of New Jersey, with an AM Best
Rating of "A-" or better, and shall remain in full force and effect
during the entire term of the license.
E.
The Borough of Lincoln Park shall be named as additional insured,
including completed operations on all liability insurance policies.
Additional insured coverage shall be primary and non-contributory.
A.
Licensees shall be placed on a rotating list to respond to service
calls from the Police Department (rotating list).
B.
Calls to licensees on the rotating list shall be made on a nondiscriminatory,
biweekly rotating basis. Licensees shall be responsible for the towing
of automobiles on a twenty-four-hour basis, seven days a week during
their biweekly rotations, which will begin at 0000 hours on each Sunday
and continue to 2359 hours on the second following Saturday. The Chief
of Police will set up and monitor the biweekly rotation list, and
any licensee that wishes to change its assigned biweekly period due
to vacation, conflict or other reason may do so with the approval
of the Chief of Police.
C.
A licensee shall respond within 10 minutes to all requests for towing
service by the Borough during its biweekly rotation unless heavy or
unusual traffic conditions within the Borough prevent the licensee
from arriving within the allotted time. In that event, the licensee
shall arrive in a reasonable time given allowance for said traffic
conditions. If a licensee fails to arrive promptly, the Police Department
may call the next licensee on the rotating list. Repeated late arrivals
without satisfactory cause shall constitute grounds for the Chief
of Police to revoke the license issued to a licensee.
D.
Licensees shall conduct vehicle inventories for every vehicle towed
under this chapter. Towed vehicle reports will be completed by the
Police Department before vehicles enter a licensee's storage facility.
E.
Licensees shall provide all towing, storage and related services
free of charge for all Borough motor vehicles and shall change tires
on Borough vehicles free of charge. Licensees shall not charge the
Borough for any bags of absorbent used at the scene of an accident
involving Borough motor vehicles.
F.
Nothing in this chapter shall prevent the owner or operator of a
vehicle from contacting a towing operator of his own choice to remove
his vehicle from the public streets of the Borough after it has become
disabled or otherwise inoperable, unless the vehicle is involved in
a police investigation or the police officer on the scene determines
that public safety requires that the vehicle be immediately removed
from the scene.
G.
The owner or operator of a disabled vehicle retains the right to
direct a licensee to remove the disabled vehicle to a garage or workshop
of his own choosing.
H.
Licensees shall be responsible for the towing of vehicles from public
streets, public alleys, public rights-of-way, public easements, avenues,
thoroughfares, public or quasi-public places, including parks and
playgrounds, or any other Borough-, county- or state-owned lots, as
directed by the Police Department.
I.
Licensees shall remove and tow vehicles for storage to either the
licensee's storage yard or a Borough facility, as directed by the
Police Department, according to the following categories of vehicles
for tow:
(1)
Vehicles to be towed to the licensee's storage facility include,
but are not limited to, abandoned vehicles, illegally parked vehicles,
disabled vehicles, vehicles involved in accidents, unregistered/uninsured
vehicles or vehicles involved in a violation of N.J.S.A. Title 39
such that the Police Department is authorized to remove the vehicle
from the roadway.
(2)
Vehicles to be towed to the Borough storage facility include, but
are not limited to, vehicles suspected of involvement in criminal
activity, vehicles confiscated or seized pursuant to the forfeiture
statute and vehicles which may be involved in any fatal accident.
After investigation is completed, the licensee will be directed to
remove the vehicle to its storage lot. A vehicle removal charge shall
be paid by the vehicle owner for this service and the licensee may
begin storage when the vehicle enters its lot. In cases where the
licensee is directed to tow a vehicle to the Borough storage facility,
the Police Department shall direct the licensee where to place the
towed vehicle upon arrival.
J.
When a licensee has been contacted to tow a disabled vehicle by the
Police Department and the owner or operator of that vehicle appears
prior to the licensee's arrival and requests his own towing service,
the licensee may not charge for the response. However, if the licensee
arrives prior to the owner's request for his/her own towing service,
the licensee will be allowed to charge the rate for emergency road
service.
K.
Licensees shall be responsible, at no charge to vehicle owner, to clean up and remove all broken glass and debris at the scene of accidents as per N.J.S.A. 39:4-56.8b. Licensees will also be responsible for basic environmental cleanup and may charge the vehicle owner a fee as provided in § 34-14 of Chapter 34, Fees, for each bag of absorbent used at the accident scene. Licensees shall also be responsible for replacing any bags of absorbent that the Borough Fire Department or other emergency responders use at an accident scene and may charge the vehicle owner a fee as provided in § 34-14 of Chapter 34, Fees, for each bag of absorbent given as a replacement to the Borough Fire Department or other emergency responders.[1]
L.
In the event that an emergency arises and the on-call licensee cannot
provide adequate service when requested, the Police Department may
at its discretion contact other licensees to respond.
M.
Licensees may not charge a vehicle owner for damage to their tow
equipment or storage facilities resulting from a request for towing
service initiated by the Borough.
N.
Before towing a vehicle, licensees shall remove or secure anything
that may fall from the vehicle while being towed.
O.
Licensees are prohibited from cruising for potential towing or servicing
of vehicles on Borough roadways.
P.
Licensees are prohibiting from soliciting, demanding or receiving
from any person any pay, commission or tip except the rate fees established
by the Borough.
Q.
Licensees are prohibited from paying any gratuity, tip or commission
to any third party to obtain a license or receive work from the Borough
pursuant to this chapter.
R.
In all underwater recoveries of a non-emergent nature (threats to
life or public safety), it shall be the responsibility of the licensee
to be either certified or assisted by a New Jersey certified underwater
specialist for the proper towing of such vehicles.
S.
Licensees shall prepare bills for towing, storage and related charges
for each vehicle towed consistent with this chapter. Prior to the
release of any vehicle, the vehicle owner shall obtain authorization
for the release of said vehicle from the Police Department.
T.
The licensee will maintain a written log of all towing, storage and
related services provided at the request of the Police Department.
The log shall identify the type of service provided, date and time
the service was provided, the location where the service was provided
and the employee that provided the service. The log shall also indicate
whether any bags of absorbent were utilized or provided as a replacement
to the Borough Fire Department or other emergency responders.
[Amended 3-17-2014 by Ord. No. 2-14, effective 4-6-2014]
A.
Tow vehicles. Tow vehicles must meet all of the requirements of N.J.S.A.
Title 39, Motor Vehicles and Traffic Regulation.
(1)
Licensees, when filing an application, and at all times while holding
a license under this chapter, shall own or lease, at a minimum, one
heavy-duty wrecker, one medium-duty wrecker/flatbed and one light-duty
wrecker. Licensees shall not share any of their tow vehicles with
another towing operator or company.
(2)
The following safety equipment must be carried on all tow vehicles:
(a)
Chains and tie-downs to secure vehicles.
(b)
Snatch block.
(c)
Auxiliary safety light kit to be placed on rear of towed vehicle
that does not have functioning tail light flashers.
(d)
Amber emergency lights mounted on top of truck (state-issued
permit required and must be in truck).
(e)
One shovel and one broom.
(f)
Fifty pounds of absorbent.
(g)
Jumper cables or jump box.
(h)
Steering wheel tie-down.
(i)
Toolbox with assorted hand tools normally used to conduct emergency
roadwork and towing.
(j)
One reflectorized traffic vest.
(k)
One five-pound A-B-C rated dry powder fire extinguisher.
(l)
One flashlight.
B.
Storage facilities.
(1)
Licensees, when filing an application, and at all times while holding
a license under this chapter, shall have sufficient space to accommodate
at least 50 vehicles, adequately safeguarded against vandalism, theft
and further damage, and to hold towed vehicles until such time as
said vehicles are claimed or are disposed of in accordance with the
law.
(2)
Storage facilities shall be owned, operated and controlled by the
licensee, and the storage facilities shall not be shared with another
towing operator or company. Storage facilities shall be located within
five miles of the Borough of Lincoln Park Municipal Building, 34 Chapel
Hill Road, Lincoln Park, New Jersey. Mileage will be calculated by
the shortest travel route.
(3)
There shall be no unescorted access to storage facilities by the
general public. Storage facilities shall be visibly posted in accordance
with Police Department requirements.
(4)
The Police Department shall have access to any part of a storage
facility, 24 hours a day, seven days a week, for the purpose of inspection
or investigation. Access, under this provision, means an emergency
contact person must be available to the Police Department to provide
entry to the storage facility.
(5)
No vehicles towed by licensees under the authority of licenses granted
pursuant to this chapter shall be stored outside a secured area.
(6)
Licensees shall maintain the following hours for release of vehicles
from storage facilities: Monday through Friday 8:00 a.m. to 5:00 p.m.
and Saturday 8:00 a.m. to 12:00 p.m. Licensees may close during any
and all New Jersey state holidays. Licensees or their designees must
be available during normal business hours to handle complaints and
business transactions.
(7)
The Borough reserves the right during any emergency to designate
temporary areas owned or leased by the Borough for the storage of
vehicles at the direction of the Chief of Police. During said emergency,
licensees shall not be entitled to charge the owners of the vehicles
for storage of vehicles so removed to those temporary storage areas.
(8)
Licensees must provide an area within their storage facilities for
Police Department examination of towed vehicles. Within a reasonable
amount of time after a request from the Police Department, licensees
are required to move towed vehicles into said examination areas.
C.
Required communications. Licensees must maintain twenty-four-hour
telephone service for the Police Department to contact licensees and/or
their employees. The use of answering machines or similar equipment
or services is not permitted. Licensees or their employees must have
constant two-way communication, radio or cellular, with their towing
vehicles.
D.
Abandoned vehicles.
(1)
Junk vehicles. If a vehicle is unclaimed by the owner or other person
having legal right thereto for a period of 15 business days, licensees
shall notify the Police Department that the vehicle has been held
for the statutory time and that the vehicle is ready for sale. The
Police Department shall supply title for abandoned junk vehicles in
accordance with N.J.S.A. 39:10A-1 et seq.
(2)
Abandoned vehicles. If a vehicle that is not a junk vehicle is unclaimed
by the owner or other person having legal right thereto for a period
of 20 business days, licensees shall notify the Police Department
that the vehicle has been held for the statutory time and that the
vehicle is ready for sale in accordance with N.J.S.A. 39:10A-1 et
seq. After notification from licensees and the expiration of the time
period of 20 business days, the Police Department shall submit an
application for title to the New Jersey Motor Vehicle Commission.
(3)
Public auction. The public auction of abandoned vehicles shall be
conducted in accordance with N.J.S.A. 39:10A-1 et seq.
(4)
Distribution of proceeds from sale. In the event a vehicle is sold
at auction, the licensee shall receive from the proceeds of the sale
all outstanding towing and storage charges due up to and including
the date of the sale. In no event shall the proceeds to the licensee
exceed the total towing and storage charges. The Borough shall retain
all proceeds received in excess of the total outstanding towing and
storage charges, if any.
(5)
Vehicles not sold at public auction. In the event a vehicle is not
sold at auction, the Borough shall have the option of either submitting
payment to the licensee for the outstanding towing and storage charges,
but not to exceed a total of $400, and retaining the vehicle for Borough
use or, in lieu of payment of the outstanding towing and storage charges,
conveying title transferring the vehicle to the licensee so that the
licensee may dispose of the vehicle. The licensee shall reimburse
the Borough for the cost of the Borough acquiring title upon receipt
of the same.
[Amended 3-17-2014 by Ord. No. 2-14, effective 4-6-2014]
A.
Towing charges. All fees and charges for towing services shall be
established by ordinance of the governing body. Vehicle removal charges
are prohibited.
B.
Storage charges. All fees and charges for storage services shall
be established by ordinance of the governing body.
C.
Violations. Any operator engaging in a pattern or practice of knowingly
violating or exceeding the fee schedules established herein shall
be liable to the Borough for a civil penalty pursuant to N.J.S.A 40:48-2.51,
or any amendment thereto.
A.
The owner of any vehicle towed shall have the right to remove his/her
personal property from the stored vehicle unless a "police hold" is
marked on the towing form. Licensees shall notify the Police Department
prior to the release of any vehicles or personal property.
B.
Vehicle owners, or their representatives, shall be afforded access
to take photographs of their stored vehicles during regular business
hours.
C.
In the event of an accident or vehicle breakdown, the owner or operator
of the vehicle shall be afforded the opportunity to have the vehicle
towed to a place of his choice.
D.
The owner or operator of a vehicle involved in an accident or vehicle
breakdown shall be permitted to contact an outside towing operator
if the vehicle is not a hazard to the public health and safety.
E.
Licensees shall inform vehicle owners and operators of the rate schedule
for towing and storage of vehicles prior to towing.
A.
In addition to the powers and duties of the Police Department set
forth herein, the investigating police officer on the scene, in his
sole and absolute discretion, may utilize any tow vehicle that is
available to clear the scene if traffic conditions or other emergency
precludes waiting for the designated licensee from the rotating list.
B.
Notwithstanding any provision of this chapter to the contrary, any
vehicles alleged to be involved in criminal activity may be towed
to any storage facility designated by the Chief of Police or his designee.
Any complaint or dispute by an owner of a vehicle that is towed
or stored without the owner's consent pursuant to the provisions of
this chapter shall be submitted to the Chief of Police. Following
the Chief of Police's review and/or investigation of said complaint,
the Chief of Police shall make a recommendation for disposition of
the complaint which shall be accepted, rejected or modified by the
Borough Administrator.
A.
Licensees shall prepare and issue to the owner or operator of the
motor vehicle a written invoice of all towing, storage and related
services rendered pursuant to this chapter. The invoice shall identify
the type of service provided, date and time the service was provided,
the location where the service was provided and the employee that
provided the service. The invoice shall also indicate whether any
bags of absorbent were utilized or provided as a replacement to the
Borough Fire Department or other emergency responders. A copy of invoices
shall be retained by licensees and filed in a manner that will allow
immediate access to such record when requested by the Police Department.
B.
Licensees have discretion to establish the method of payment and
shall forfeit all mechanic lien rights once they physically release
a vehicle from their custody. The Borough will not be held liable
for, or assist licensees in, collecting any unpaid fees that were
incurred under the provisions of this chapter.
C.
Licensees shall post the rate schedule established by the Borough
in a conspicuous location at their principal locations and anywhere
that transactions for the payment of fees are conducted.
D.
Licensees shall not release any motor vehicles until authorization
is obtained from the Police Department.
E.
All records, payment invoices and other documentation relating to
compliance with this chapter must be kept by licensees for a period
of two years.
The Chief of Police shall be responsible for the promulgation
and enforcement of such regulations and procedures, not inconsistent
with this chapter, as may be reasonable and necessary to carry out
the provisions of this chapter.
