[HISTORY: Adopted by the Mayor and Council
of the Borough of Palisades Park 7-8-1976 as Section 4-11 of the Revised General
Ordinances of 1975; amended in its entirety 2-17-1998 by Ord. No. 1290. Subsequent amendments noted where applicable.]
The preservation and furtherance of the public
peace, order and welfare of the borough mandates that the borough
make provisions for the efficient and reasonable removal of motor
vehicles abandoned or disabled in its streets so as to promote the
free flow of traffic therein and for the removal and storage of abandoned
and stolen vehicles, those involved in traffic accidents and suspected
crimes and those blocking the streets in emergencies.
As used in this chapter, the following terms
shall have the meanings indicated:
A motor vehicle of a private-passenger-type or station-wagon-type
that is owned or leased and is neither used as a public or livery
conveyance for passengers nor rented to others with a driver, and
a motor vehicle with a pickup body, or delivery sedan, a van, or a
panel truck or a camper-type vehicle used for recreational purposes
owned by an individual or by husband and wife who are residents of
the same household not customarily used in the occupation, profession
or business or the owner(s).
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area or from
a storage facility and other services normally incident thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls, for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the licensed owner
or operator of the motor vehicle even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the licensed owner
or operator of the motor vehicle.
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier and all other
storage facilities not defined above as inside building or outside
secured.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
A.
The Mayor and Council shall appoint persons or companies
meeting the criteria set forth in this chapter and engaged in the
business or offering the services of a motor vehicle towing, wrecker
or storage service whereby damaged, impounded, disabled, abandoned,
immobile or illegally parked motor vehicles are towed or otherwise
removed from the place where they are damaged or disabled by use of
a tow vehicle as defined in this chapter. Such persons or companies
shall be known as "official towers."
B.
Official towers shall be identified by means of a
license which shall be issued as hereinafter provided.
C.
The Borough shall have a minimum of three and a maximum of six official
towers. The Borough may, however, have less than three, if there are
less than three qualified applicants who have applied for such license.
[Added 12-17-2013 by Ord. No. 1611]
A.
Official towers shall furnish adequate and proper
wrecking, towing, storage and emergency repair services to motor vehicles
damaged, impounded, disabled, abandoned, immobile or illegally parked
within the limits of the borough when requested to do so by an authorized
borough official.
B.
No official tower shall subcontract any work to be
performed pursuant to this chapter without having first obtained prior
written approval from the governing body. Any official tower to whom
approval to subcontract work has been given shall be responsible for
the services performed by the subcontractor and shall remain liable
for any violation of this chapter by the subcontractor.
A.
Applications for inclusion on the official towers'
list shall be made to the Borough Clerk upon a form provided by and
submitted to the Borough Clerk and shall contain all of the following
information:
(1)
The name, residence and business address and telephone
number of the owner of the towing company. If the owner is a corporation,
the application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)
Such information as may be required by the Borough
Clerk concerning the personnel, vehicles, equipment and storage facilities
of such applicant, as hereinafter provided, showing that the applicant
meets the minimum standards of performance.
(3)
A certificate or certificates of insurance evidencing
adequate insurance coverage as hereinafter provided.
(4)
A fee of $500 to cover the administrative expenses
incurred by the borough in processing the application. After the initial
application or issuance of a license, each new employee, equipment
or storage site must be applied for review. The applicant shall pay
$50 for review of each new employee, $35 for each new piece of equipment
and $25 for each new storage area.
(5)
The names and addresses of two business references
who have known the applicant for at least two years and who can attest
to the applicant's experience and performance in the towing, wrecking
and storage business.
(6)
The names and addresses of any other public agencies
which the applicant has or is contracted with in the last five years.
B.
Upon receipt of a complete application, the Borough
Clerk shall forward a copy to the Chief of Police for his review and
report. The review by the Chief of Police shall consist of the following:
[Amended 2-16-1999 by Ord. No. 1314]
(1)
A background check to determine if either the applicant
or the applicant's personnel have been convicted of a criminal offense
or have had their driver's licenses suspended or revoked within the
past year. Conviction of a criminal offense or suspension of driver's
license within the past year shall be a cause for disqualification
from inclusion on the official towers' list.
(2)
An inspection of the personnel, 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 applicable laws and regulations and the
standards of performance required by this chapter.
(3)
A check with the State Division of Consumer Fraud
to determine if the applicant has had complaints filed against it
and the findings of such complaints. A sufficient number of verified
findings against the applicant may be cause for disqualification.
(4)
An investigation and inquiry with any other public
agencies which the applicant presently or previously has contracted
for towing to determine the applicant's compliance in their rules
and regulations. Failure to comply with other agencies may be cause
for disqualification.
C.
An applicant may be included on the official towers
list by the Mayor and Council when, from a consideration of the application
and from such other information as may otherwise be obtained, the
Mayor and Council finds that all of the following circumstances exist:
(1)
The applicant has not knowingly and with intent to
deceive made any false, misleading or fraudulent statements of material
fact in the application or in any other document required pursuant
to this chapter.
(2)
The applicant has met the standards in this chapter
and has furnished the required hold harmless agreement and certificate(s)
of insurance.
(3)
The application has been reviewed and reported on
by the Chief of Police.
(4)
Neither the applicant nor the applicant's personnel
have been convicted of a criminal offense or had their driver's license
suspended within the past year. In the discretion of the Mayor and
Council, an applicant may be granted a license pending return of a
criminal record search.
D.
The Chief of Police shall conduct his review and render
a report to the Borough Clerk, recommending either approval or denial
of the application, within 35 days of receipt of the application from
the Borough Clerk. The Borough Clerk shall submit the completed application
to the Mayor and Council, and the Mayor and Council shall take action
with regard to the application within 30 days of receipt of the report
of the Chief of Police. The applicant, or its representative, shall
be given notice of the date on which the Mayor and Council will consider
the application and shall be permitted to appeal and be heard at that
time. The Police Chief's recommendation may be subject to a return
of background investigation.
[Amended 2-16-1999 by Ord. No. 1314; 12-17-2013 by Ord. No.
1611]
E.
Written notice of the approval or denial of the application
shall be provided to the applicant within seven days of the decision
of the Mayor and Council.
F.
If the Mayor and Council fails to take action within 90 days of receipt
of a complete application, the application shall be deemed to have
been approved, subject to receipt of background investigation.
[Amended 12-17-2013 by Ord. No. 1611]
G.
If approval is granted by the Mayor and Council or
by the inaction of the Mayor and Council, same is contingent upon
receipt of completed background investigation and shall be revoked
in the event of negative results.
H.
A licensed tower may not change its place of operation, garaging
or storage location without notifying and receiving approval of the
Mayor and Council.
[Added 12-17-2013 by Ord. No. 1611]
A.
Upon approval of the application as herein provided,
the Mayor and Council shall issue the applicant an official towers
license for each tow vehicle or flatbed vehicle to be utilized in
providing services pursuant to this chapter.
B.
Said licenses, which shall be in a form approved by
the Mayor and Council, shall be displayed on the tow vehicle or flatbed
vehicle at all times.
C.
The licenses shall be valid for a period of two years
from the date of issuance, shall be nontransferable and shall be subject
to revocation by the Mayor and Council for any of the following reasons:
(1)
If it is subsequently determined that the applicant
knowingly and with intent to deceive made false, misleading or fraudulent
statements of material fact in the application or in any other document
required pursuant to this chapter.
(2)
Violation of any federal or state law or municipal
ordinance or regulation relating to the operation of a motor vehicle
or the provision of towing services.
(3)
Violation of any rule or regulation promulgated by
the New Jersey Department of Insurance.
(4)
Unsatisfactory service provided pursuant to this chapter.
D.
At the expiration of the two-year license period, if no cause for removal from the official towers list has been shown and if the applicant shall certify that the information contained in the original application has not changed, the applicant's license shall be renewed for an additional two-year period upon the payment of an additional license fee of $500. In the event that any of the information contained on the original application has changed, a new application, conforming to the requirements of this chapter, must be submitted, reviewed and approved as provided in § 287-5 above.
[Amended 2-16-1999 by Ord. No. 1314]
To qualify for inclusion on the list of official
towers, applicants must meet the following minimum standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available
to render services required by this chapter a minimum of two regular
tow vehicles, one flatbed vehicle and one heavy-duty tow vehicle.
(2)
Vehicle classes.
(a)
Regular tow vehicles must be equipped with a
boom or winch assembly mounted on the chassis, a dolly assembly, a
tow sling or wheel lift assembly at least 100 feet of either three-eighths-inch
or seven-sixteenths-inch cable attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed which slides or tilts to accommodate
transporting of vehicles.
(3)
Each applicant shall submit, along with its application, proof of
ownership or lease of the vehicles which will be utilized to provide
services pursuant to this chapter. Leased vehicles must be leased
from entities whose primary business is the leasing of vehicles.
[Amended 12-17-2013 by Ord. No. 1611]
B.
Minimum equipment requirements.
(1)
Every tow vehicle or flatbed vehicle shall have two-way
radio capability with a dispatching center on a twenty-four-hour basis.
(2)
Every tow vehicle or flatbed vehicle shall be equipped
with the following:
(a)
At least one amber rotating beacon or strobe
light mounted on the highest practical location of the vehicles, visible
from 360° when in use and visible at a minimum distance of 500
feet during daylight hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for
towing vehicles at night, amber colored.
(d)
Extra chains and cable for pulling or securing
a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar
or prybar, a set of jumper cables, a flashlight, one two-pound or
larger fire extinguisher of dry chemical type, one dozen flares or
similar warning devices for placement at the scene of an accident
or behind a disabled vehicle, and a sufficient quantity and types
of tools to enable the tow vehicle operator to perform proper and
adequate emergency repair services for the tow.
(3)
Every tow vehicle or flatbed vehicle shall comply
with any and all state, federal and local laws, regulations and ordinances
pertaining to safety, lighting and towing equipment requirements and
shall be subject to inspection by the Chief of Police or his designee
at any time. No changes may be made in said vehicles or equipment
unless prior written approval is obtained from the Mayor and Council.
(4)
Every tow vehicle or flatbed vehicle shall display
the official towers license and shall have the name of the official
tower displayed on the vehicle in such manner and of such lettering
as conforms to the provisions of N.J.S.A. 39:4-46.
C.
Minimum personnel requirements.
(1)
Official towers shall have available, at all times,
a minimum of two persons to provide the services required by this
chapter. All persons employed by official towers to provide the services
required by this chapter shall meet the following requirements and
be subject to the following regulations. They shall:
(a)
Be competent and able to provide minimum road
services for disabled vehicles.
(b)
Have a valid driver's license having no restrictions
or conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(c)
Be mentally alert and present a neat appearance
at all times.
(d)
Obey all traffic laws and regulations.
(e)
Be subject to inspection by the Chief of Police
and shall be approved by the Chief prior to rendering any services
pursuant to this chapter.
(f)
Not have been convicted of a crime nor had their
driving privileges suspended or revoked within the past year.
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building
or outside secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing
a minimum of 10 passenger vehicles and one tractor and trailer. In
addition the tower shall have an inside storage area capable of storing
one automobile and/or one tractor for police hold.
(b)
The location of the storage area shall be either within the
limits of the Borough or at such location outside of the Borough as
to facilitate reasonable towing distances. If located-out of the Borough,
it must provide transportation to the storage location from the police
station or accident scene. "Within a reasonable towing distance" shall
mean within a radius of one mile from the Borough Hall and in a municipality
contiguous to Palisades Park.
[Amended 12-17-2013 by Ord. No. 1611]
(c)
The storage area shall be fully enclosed by
a sturdy fence having a minimum height of six feet, with at least
one lockable gate for ingress and egress, and shall be lighted from
dusk to dawn.
(d)
The storage area must be located in an area legally zoned for
such use or have a variance to use such property for such use and
must have a certificate of occupancy or a continued certificate of
occupancy allowing such use. In addition, the applicant must provide
a zoning certificate stating that the business and/or storage location
is a permitted use at that location.
[Amended 12-17-2013 by Ord. No. 1611]
(e)
The storage facility shall be available for
towing and to the public 24 hours a day, 365 days per year.
(f)
The official tower shall have an employee on
duty during all hours in which the storage facility is open.
(g)
The official tower shall not charge a release
fee or other charge for releasing vehicles to their owners after normal
business hours or on weekends.
(h)
No vehicles may be stacked during storage unless
the stacking equipment is approved by Chief of Police.
(2)
The applicant shall, with its application, submit
proof of ownership or lease of the storage area.
(3)
The official tower shall be responsible for ensuring
the proper and safe storage of all vehicles towed pursuant to this
chapter. The official tower shall be liable for any damage incurred
by such vehicles while in transit to or while stored in the storage
areas.
A.
Official towers shall be placed on the list in the
order in which their application is approved. Once the initial list
has been established, new official towers, when their applications
have been approved, will be added to the end of that list.
B.
The Borough shall request wrecking, towing and storage
services from each official tower in weekly rotation. When called,
the tower shall advise the dispatch if a vehicle is available and
the estimated time of arrival. If no tow vehicle is available or if
the response time will exceed 15 minutes, the next official tower
on the list shall be called and so on; if none of the official towers
are available or able to provide such services as are requested by
the Borough, the Borough may request such services from any other
available source. Failure to respond within 15 minutes on more than
three occasions within a year may result in the tower being removed
from the approved list.
[Amended 2-16-1999 by Ord. No. 1314; 12-17-2013 by Ord. No.
1611; 8-23-2016 by Ord. No. 2016-16]
C.
All requests for service shall be made by the Borough
Clerk or any member of the Police Department or Fire Department and
must be reported immediately to the police desk. The police desk should
immediately forward said request to the tower.
D.
The Borough shall request service only from official
towers; provided, however, that if no emergency or road hazard exists,
the Borough shall request such service from such other person as the
owner of the motor vehicle in need of such services may request.
E.
During adverse weather conditions, heavy traffic conditions
or emergency conditions, official towers shall give priority to requests
from the Borough over any other requests which may be received by
the official towers. During such conditions, the Borough may utilize
the services of other towers other than the priority tower, if necessary
to maintain adequate flow of traffic as determined by the Police Department.
[Amended 12-17-2013 by Ord. No. 1611]
Applicants shall agree in writing 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 which the borough may be subjected
to of any kind and nature whatsoever resulting from, caused by, arising
out of or as a consequence of the provision of towing, wrecking, storage
and/or emergency services provided at the request of the borough pursuant
to this chapter. Official towers shall enter into a hold-harmless
agreement in a form to be prepared by the Borough Attorney prior to
being included on the official towers list.
A.
No person shall be included on the official towers
list unless and until such person has provided to the borough a certificate
or certificates of insurance evidencing that there is in effect the
following insurance coverage:
(1)
Automobile liability insurance in an amount not less
than $1,000,000 combined single limits.
(2)
Workers' compensation as required by law.
(3)
Garage-keepers liability on a primary basis without
regard to legal liability in an amount not less than $60,000 per location.
(4)
Garage liability in an amount not less than $1,000,000
combined single limit.
B.
Policies of insurance shall be written by insurance
companies authorized to do business in the State of New Jersey. Insurance
companies shall be acceptable to the borough and shall have at least
a B+ rating by a recognized rating service.
C.
The Borough of Palisades Park shall be named as an
additional insured on all policies of insurance provided pursuant
to this chapter. All certificates of insurance shall provide that
the policies may not be canceled, terminated or coverage decreased
without 30 days prior written notice to the borough.
D.
Policies of insurance required by this chapter shall
be maintained in full force and effect at all times. In the event
that any coverage is canceled, terminated, interrupted or decreased
in amount, the tower shall be removed from the official towers list
until such time as the required coverage is reinstated or replaced.
[Amended 11-25-2014 by Ord. No. 1628; 4-21-2015 by Ord. No. 1637]
A.
Fees for towing and storage of private passenger automobiles and
municipal automobiles or vans, other than those damaged in an accident
or recovered after being stolen, may not exceed the fees set forth
below:
(1)
The following is the fee schedule for towing services:
|
Type of Vehicle
|
Fee
| |
|---|---|---|
|
Car, light truck (less than 1 1/2 ton capacity)
|
$150
|
(2)
The following is the fee schedule for storage services:
[Amended 8-23-2016 by Ord. No. 2016-16]
|
Storage
|
Inside Storage
|
Outside Storage
| |
|---|---|---|---|
|
No charge for first 24 hours
|
$45 per day
|
$35 per day
|
(3)
The following is the fee schedule for other services:
|
Service
|
Fee
| |
|---|---|---|
|
No towing fee
|
$50*
| |
|
Road service
|
$50
| |
|
Heavy-duty towing
|
$475
| |
|
Light-duty winching other than authorized towing service
|
$100
|
|
NOTES:
| ||
|
*
|
There is hereby established a service charge of $50 to be paid
by either the owner or driver of any vehicle who refuses to have his
vehicle towed by a tow truck called by the police, or by the owner
or the lessee of the property on which the vehicle is located.
| |
B.
This chapter is not intended to regulate or set fees for the towing
or storage of trucks, buses or motorcycles or the provision of emergency
road service. Such services, if requested, shall be billed at the
provider's normal and customary rate or as otherwise agreed upon
between the provider of the service and the motorist.
C.
The fees set forth on the schedules for towing rates are the maximum
charges that shall apply to a private passenger automobile for basic
towing services. There shall be no additional charges other than those
provided herein but not limited to flatbedding, waiting time, winching,
cleanup cost and additional labor when only basic towing services
as defined are provided.
(1)
Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
(2)
Owners of vehicles shall be able to receive vehicles towed and/or
transported by authorized agents in accordance with this chapter at
any time during normal business hours at the authorized tower's
facility. During nonbusiness hours, such as nights, weekends, and
holidays, the authorized agent shall provide a reasonable response
time during those nonbusiness hours for the return of such towed vehicles.
Requests for the return of vehicles during those nonbusiness hours
shall be made at the Police Desk of the Borough of Palisades Park.
The Police Desk attendant shall notify the official towing agency
in possession of the vehicle and advise the owner as to the reasonable
time and place where the owner shall be able to receive the vehicle.
(3)
All rates for vehicles towed shall be the same during days, nights,
weekends, and holidays.
A.
Copies of this chapter and the schedule of fees that
may be charged by official towers shall be made available to the public
during normal business hours at the Borough Hall. Copies shall also
be made available to the public at each official tower's place of
business.
B.
All official towers shall post, in a prominent place
at each storage area clearly visible to the public, a schedule of
the fees that may be charged for all services provided pursuant to
this chapter.
C.
The borough reserves the right to make periodic unannounced
inspections of the personnel vehicles, equipment and storage areas
of all official towers.
D.
The relationship between an official tower and the
borough is one of an independent contractor. Neither party shall be
construed in any manner whatsoever to be an employee of the other,
nor shall any employee or agent furnished by any party be construed
to be an employee or agent of the other party. Inclusion on the official
towers list shall not be construed or considered as a joint venture,
partnership, association, contract or employment or profit-sharing
agreement.
E.
The municipality shall not be liable or responsible
for compensating the official towers for any of the services performed
under this chapter unless those services are performed for borough
vehicles. Compensation shall be the responsibility of the owner of
the towed motor vehicle and the official tower shall proceed directly
against the owner.
F.
The official tower shall, at all times, be solely
responsible for the conduct of its employees.
G.
Each official tower shall keep and maintain adequate
and complete records showing all vehicles towed, stored and released,
all services rendered and all fees charged and collected. All records
shall be available for inspection by the borough at any time during
normal business hours. Records shall be kept and maintained by the
official tower at one central location and shall be retained for a
period of seven years. Records may be written, printed or computerized
as long as the requirements of this subsection are met.
H.
Only one license shall be granted to an applicant. No applicant who
obtains a license shall have any interest, direct or indirect, in
any other license. In the event that a licensee does have an interest
in another towing license, that licensee shall immediately forfeit
both licenses.
[Added 10-15-2013 by Ord. No. 1605]
I.
All tow truck drivers are responsible for the removal of debris at
a location, in the event they are instructed to do so by the Palisades
Park Police Department.
[Added 12-17-2013 by Ord. No. 1611]
A.
In the event that a complaint is received by the borough
involving the improper or unsatisfactory performance of services by
an official tower or excessive charges or damage to a motor vehicle
while in the custody of the tower, written notice of same shall be
provided by the Borough Clerk to the official tower involved. The
tower shall have the opportunity to respond, in writing, within five
days.
B.
Within 14 days of receipt of the tower's response,
or within 21 days of receipt of the complaint, if no response is received,
the matter shall be presented by the Borough Clerk to the Mayor and
Council.
C.
The Mayor and Council shall consider the matter at
a public hearing and may request that the complainant and the tower
involved appear and give testimony regarding the complaint.
D.
If, after considering the matter, the Mayor and Council
shall determine that one of the causes for revocation of the official
towers license exists, the license shall be revoked and the tower
shall surrender same to the Borough Clerk within one day.
E.
Failure to surrender the license upon revocation shall
constitute a violation of this chapter.
F.
Nothing contained herein shall prevent or limit the
right of any person to commence or maintain an action for damages
or any other relief directly against an official tower in a court
of competent jurisdiction.
A.
Any person who shall violate any of the provisions
of this chapter shall be subject to a fine not to exceed $500, and
each violation of any of the provisions of this chapter and each day
the same is violated shall be deemed and taken to be a separate and
distinct offense.
B.
In addition to the fine provided above, a violation
of any of the provisions of this chapter shall be cause for revocation
of the official towers license.
