It is the purpose of this chapter to provide nonexclusionary
and nondiscriminatory regulations governing the removal of motor vehicles
from private or public property, fees charged for storage following
removal, fees charged for such removal, notice requirements, and the
mercantile licensing of such operators pursuant to N.J.S.A. 40:48-2.49.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED VEHICLE
Any vehicle that is abandoned on or along any highway, other
than a limited access highway, or other public property or on any
private property without the consent of the owner or other person
in charge of the property. A vehicle which has remained on or along
any highway or other public property or on any private property without
such consent for a period of more than 48 hours or for any period
without current license plates shall be presumed to be an abandoned
motor vehicle.
BASIC TOWING SERVICES
Towing as defined in this section and other ancillary services
as may be specified by the Director by regulation.
CLEANUP AND REMOVAL COSTS
All costs incurred by the Borough or its agents in the removal
or attempted removal of hazardous substances and disposal thereof;
or costs for the taking of reasonable measures to prevent or mitigate
damage, whether actual or threatened, to the public health, safety
or welfare.
DECOUPLING FEE
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a tower, but prior to the vehicle actually
having been moved or removed from the property.
DIRECTOR
The Director of the Division of Consumer Affairs.
DISCHARGE
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping of hazardous substances into the water, lands or air of
the State of New Jersey.
DIVISION
The Division of Consumer Affairs in the Department of Law
and Public Safety.
HAZARDOUS SUBSTANCES
The list of hazardous substances adopted by the federal Environmental
Protection Agency (EPA) pursuant to Section 101 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, P.L.
96-510 (42 U.S.C. Chapter 9601 et seq.), and amendments thereto, and
those substances listed by the NJDEP as environmental hazardous substances
pursuant to Section 4 of P.L. 1983, Chapter 315 (N.J.S.A. 34:5A-4),
and amendments thereto.
HEAVY-DUTY TOW
A tow truck capable of towing large trucks, and shall meet
the following minimum requirements: gross vehicle weight (GVW) 30,000
pounds; towing capacity (GVWR) 80,000 pounds; boom rating 50,000 pounds;
cable size and length 5/8 inch and 200 feet; equipped with chassis
lift underreach retracted rating 25,000 pounds and extended rating
12,000 pounds.
INSIDE BUILDINGS
Any portion of a towing facility that is completely indoors,
having one or more openings in the walls for storage and removal of
vehicles, and is secured by a locking device on each opening.
JUNKYARD
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale
or abandonment of scrap metal or other scrap or discarded goods, materials,
machinery, or two or more unregistered/uninspected, inoperable vehicles
or other type of junk. For purposes of this chapter, an auto repair
facility or a towing facility shall not be considered a junkyard.
LIGHT-DUTY WRECKER
A tow truck with dual wheels capable of towing passenger
cars and shall meet the following minimum requirements of GVW 14,000
pounds; GVWR 18,000 pounds; boom rating 8,000 pounds; winch rating
8,000 pounds; cable size and length 3/8 inch and 100 feet; wheel lift
retracted rating 6,000 pounds and extended rating 3,000 pounds.
MEDIUM-DUTY FLAT BED
A car carrier of the rollback and tilt type with dual wheels
capable of removing and transporting small trucks, large passenger
cars, large sport utility vehicles, and full-size vans damage-free
and shall meet the following minimum requirements: GVW 24,500 pounds;
GVWR 28,000 pounds; winch rating 8,000 pounds; cable size and length
3/8 inch and 50 feet; bed length 22 feet; wheel lift retracted rating
6,000 pounds and extended rating 3,000 pounds.
MOTOR VEHICLE
Includes all vehicles propelled other than by muscular power,
excluding such vehicles as run only upon rails or tracks and motorized
bicycles, motorized scooters, motorized wheelchairs and motorized
skateboards.
MOTOR VEHICLE ACCIDENT
An occurrence in which a motor vehicle comes in contact with
any other object, including pedestrians, for which the motor vehicle
must be towed or removed from the scene thereof.
NIGHT HOURS
Any time between 5:00 p.m. and 8:00 a.m., Monday through
Friday, including weekends and holidays.
NONCONSENSUAL TOWING
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
OUTSIDE SECURED
Any portion of a towing facility that is not indoors and
is secured by a fence, wall or other man-made barrier that is eight
feet high, or as otherwise required by the Borough of Buena land use
ordinances, and is installed with a passive alarm system (e.g., bell
ringer located in the gate area to the enclosed facility) or a similar
on-site security measure. Fences which are less than eight feet in
height which existed prior to the adoption of this chapter shall be
permitted; however, if such fences are replaced, the new fence shall
be eight feet in height or as otherwise required by the Borough of
Buena land use ordinances.
PERSON
An individual, sole proprietorship, partnership, corporation,
limited-liability company or any other business entity.
PETROLEUM or PETROLEUM PRODUCTS
Oil or petroleum of any kind and in any form, including but
not limited to oil petroleum, gasoline, kerosene, fuel oil, oil sludge,
oil refuse, and oil mixed with other wastes.
POLICE HOLD VEHICLES
Motor vehicles which are alleged to have been involved in
illegal activity, involved in a fatal motor vehicle collision, or
any vehicles so designated by a Township of Franklin police officer.
PRIVATE PROPERTY OWNER
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
PRIVATE PROPERTY TOWING
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a consumer's motor vehicle
that is parked illegally, parked during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
PUBLIC GARAGE
Any building, structure, or property designed and used for
equipping, adjusting, greasing, washing, polishing, servicing, or
storing of motor vehicles, other than at a junkyard, operated for
profit and for service to the public. For purposes of this chapter,
a "public garage" means any general repair garage, specialized repair
garage, car wash, auto repair facility, or towing facility.
RESPONSE TIME
Not more than 25 minutes from the time of the initial request
by the Dispatch Communications Center to the tow vehicle's arrival
at the site of the incident requiring tow services, all traffic regulations
observed.
TOW VEHICLE
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or underreach equipment specifically designed
by the vehicle manufacturer for the transport of motor vehicles.
TOWING
The moving or removing from public or private property or
from a storage facility by a motor vehicle of a consumer's motor
vehicle that is damaged as a result of an accident or otherwise disabled,
recovered after being stolen or is parked illegally or otherwise without
authorization, parked during a time at which such parking is not permitted
or otherwise parked without authorization, or the immobilization of
or preparation for moving or removing of such motor vehicle, for which
a service charge is made, either directly or indirectly. Dues or other
charges of clubs or associations which provide towing services to
club or association members shall not be considered a service charge
for purposes of this definition.
TOWING SERVICE
The removal and transportation of a motor vehicle from a
highway, street, other public or private road, parking area, storage
facility and from other off-road locations such as fields, lakes,
rivers and streams. This includes other services such as roadside
assistance.
ZONING OFFICIAL
It shall be the duty of the Zoning Official of the Borough
of Buena to carry out the provisions of this chapter.
All licenses issued under this chapter shall be effective for
a period of two years from the date of issuance. All licenses shall
expire automatically; applications for renewal thereof shall be submitted
not less than six weeks prior to the date of expiration.
All applicants for a license shall submit an application in accordance with §
223-5 to the Borough Clerk. The Borough Clerk shall transmit the application to the Township of Franklin Police Department for investigation of the truth and accuracy of the information contained therein. Upon completion of the investigation, the officer in charge shall forward a recommendation for approval or disapproval of the license and the reasons, if any, for disapproval to the Borough Clerk. If the officer in charge finds that the applicant has met the requirements of this section, a license shall be issued to the applicant and the applicant's name placed at the end of the towing list.
A license may be revoked or suspended at any time for just cause
by the Township of Franklin Chief of Police or by the Borough of Buena
for violations of any provisions of this chapter or for violations
of New Jersey state law. Once the licensee is notified of the suspension
or revocation, the licensee has the opportunity to be heard by the
Public Safety Committee after filing a written appeal within 10 days
with the Borough Clerk. Such license, when so suspended or revoked,
shall not be reinstated except for good and sufficient cause.
The contractor shall agree to indemnify and hold the Borough,
its officers, appointees, elected and appointed officials, employees,
representatives or agents, whether paid or unpaid (including, without
limitation, members of the Township of Franklin Police Department),
harmless against any and all liability or claims of liability for
damage or injury to persons or property resulting from the towing
services provided by the contractor pursuant hereto, with the exception
of damage or injury to persons or property resulting solely from the
willful or negligent acts or omissions of such officers, appointees,
employees, representatives or agents.
It shall be an unlawful practice for any private property towing
company or for any other towing company that provides nonconsensual
towing services:
A. To give any benefit or advantage, including a pecuniary benefit,
to any person for providing information about motor vehicles parked
for unauthorized purposes on privately owned property or otherwise
in connection with private property towing of motor vehicles parked
without authorization or during a time at which such parking is not
permitted.
B. To fail, when so requested by the owner or operator of a vehicle
subject to nonconsensual towing, to release a vehicle to the owner
or operator that has been, or is about to be, hooked or lifted but
has not actually been moved or removed from the property when the
vehicle owner or operator returns to the vehicle, or to charge the
owner or operator requesting release of the vehicle an unreasonable
or excessive decoupling fee. Such a fee shall be presumptively unreasonable
and excessive if it exceeds by more than 25%, or a different percentage
established by the Director by regulation, the usual and customary
decoupling fee charged by the towing company for a vehicle subject
to consensual towing, or if it exceeds by more than 50%, or a different
percentage established by the Director by regulation, the usual and
customary decoupling fee charged for vehicles subject to nonconsensual
towing by other private property towing companies operating in the
municipality in which the vehicle was subjected to nonconsensual towing.
C. To charge a fee for a private property or other nonconsensual towing
or related storage service not listed on the schedule of services
for which a fee may be charged.
D. To refuse to accept for payment in lieu of cash or an insurance company
check for towing or storage services a debit card, charge card or
credit card if the operator ordinarily accepts such card at his place
of business, unless such refusal is authorized in accordance with
N.J.S.A. 56:13-4.
E. To monitor, patrol, or otherwise survey a private property for the
purposes of identifying vehicles parked for unauthorized purposes
and towing a motor vehicle parked for an unauthorized purpose from
such private property without having been specifically requested to
tow such vehicle by the owner of the property.