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:
ABANDONED VEHICLE
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.
ABSORBENT
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.
ADMINISTRATIVE CHARGES
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.
BASIC ENVIRONMENTAL CLEANUP
The cleanup and removal of small quantities of fluids associated
with the operation of a motor vehicle which leak onto the ground.
BASIC TOWING SERVICE
The towing of a vehicle or the removal and transportation
of a vehicle from a highway, street, or other public or private land.
BOROUGH
The Borough of Lincoln Park.
BOROUGH STORAGE FACILITY
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.
CHIEF OF POLICE
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.
CRUISING
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.
DISABLED VEHICLE
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.
EMERGENCY ROAD REPAIR SERVICE
Repairs which can be performed at the scene of a tow, including
but not limited to flat tire changing, jump starting and gasoline
deliveries.
EXAMINATION AREA
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.
HEAVY-DUTY WRECKER
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:
A.
Gross vehicle weight (GVW): 30,000 pounds.
B.
Gross combined weight rating (GCWR): 80,000 pounds.
C.
Boom and winch rating: 50,000 pounds.
F.
Wheel lift retracted rating: 25,000 pounds.
G.
Wheel lift extended rating: 12,000 pounds.
IMPOUNDMENT
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.
JUNK VEHICLE
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.
LICENSEE
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.
LIGHT-DUTY WRECKER
A tow truck with dual rear wheels capable of towing or wheel
lifting vehicles and shall meet the following minimum standards:
A.
Gross vehicle weight (GVW): 14,000 pounds.
B.
Boom rating: 8,000 pounds.
C.
Winch rating: 8,000 pounds.
F.
Wheel lift retracted rating: 6,000 pounds.
G.
Extended rating: 3,000 pounds.
MEDIUM-DUTY FLATBED
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.
Gross vehicle weight (GVW): 18,000 pounds.
B.
Winch rating: 8,000 pounds.
E.
Bed width: seven feet (inside side rails).
F.
Wheel lift retracted rating: 6,000 pounds.
G.
Wheel lift extended: 3,000 pounds.
MEDIUM-DUTY WRECKER
A tow truck with dual rear wheels capable of towing and wheel
lifting small trucks and shall meet the following minimum requirements:
A.
Gross vehicle weight (GVW): 18,000 pounds.
B.
Boom rating: 16,000 pounds.
C.
Winch rating: 16,000 pounds.
F.
Wheel lift retracted rating: 10,500 pounds.
G.
Extended rating: 8,500 pounds.
ORDINARY CARE
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.
OUTSIDE SECURED STORAGE FACILITY
A motor vehicle storage facility that is not completely indoors
and must meet the following minimum standards:
A.
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.
B.
All entry points shall have a locking device.
C.
Total area shall have adequate lighting to protect stored vehicles
from vandalism.
D.
Area must be able to accommodate at least 50 vehicles.
OWNER
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.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
POLICE
The Borough of Lincoln Park Police Department.
PRINCIPAL LOCATION
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
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.
STORAGE SERVICES
The storage, housing or holding of vehicles indoors or outdoors
by a licensee under authority of this chapter.
TOWING OPERATOR
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
motor vehicles.
TOW VEHICLE
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.
UNCLAIMED VEHICLE
Any vehicle towed by a licensee under this chapter that is
left unclaimed for a period of two weeks or more.
VEHICLE
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.
VEHICLE REMOVAL CHARGE
Charge for a motor vehicle towed into the storage facility of a licensee that is not movable and must be towed from the licensee's storage facility to a public street for towing by a secondary tower. Vehicle removal charges are prohibited as set forth in §
426-9A and §
34-14I.
WAITING TIME
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.
WINCHING
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;
(15)
Proof that the applicant satisfies the insurance requirements set forth in §
426-6;
(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.
D. The application for license shall be accompanied by an application fee in the amount set forth in §
34-14 of Chapter
34, Fees, of the Code of the Borough of Lincoln Park, which shall defray Borough administrative costs.
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.
[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.
(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.
(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.
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.
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.
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.