[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena 6-13-2022 by Ord. No. 709.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 223,
Vehicle Towing and Storage, adopted 1-24-2011 by Ord. No. 576, as
amended.
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:
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.
Any public garage where motor vehicles are painted and/or
repaired.
Towing as defined in this section and other ancillary services
as may be specified by the Director by regulation.
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.
A natural person.
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.
The Director of the Division of Consumer Affairs.
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.
A place established to transmit requests for towing services.
The Division of Consumer Affairs in the Department of Law
and Public Safety.
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.
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.
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.
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.
The period of 24 months.
The State of New Jersey Licenses and Inspections Agency.
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.
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.
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.
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.
Any time between 5:00 p.m. and 8:00 a.m., Monday through
Friday, including weekends and holidays.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
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.
An individual, sole proprietorship, partnership, corporation,
limited-liability company or any other business entity.
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.
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.
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.
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.
A person offering or performing private property towing services.
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.
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.
The maximum allowable amount charged by a towing facility
for the storage of motor vehicles for any twenty-four-hour period
or fraction thereof.
A place for the storing of motor vehicles.
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.
The tow operator's principal place of business where
the tow vehicle is stationed when not in use.
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.
Any public garage that offers towing services.
Any entity that operates a towing business or tow vehicle.
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.
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.
Minimum standards of operator performance. All applicants must be
able to meet the following minimum standards of performance:
(1)
Applicants must be appropriately licensed by the State of New Jersey.
(2)
Applicants must be able to reach the scene of a vehicle to be towed
within 25 minutes.
(3)
Applicants must be equipped to provide service during their scheduled
frame of duty.
(4)
Applicants must submit to a background check by the Township of Franklin
Police Department.
(5)
With respect to the storage of towed vehicles, the applicant shall:
(a)
Demonstrate sufficient storage capacity for a minimum of five
vehicles. Storage area shall be at the applicant's place of business;
(b)
Accept responsibility for the safe storage of towed vehicles;
(c)
Have access to a storage facility 24 hours a day, 365 days per
year, and shall provide access to the public to such facility during
normal business hours.
(6)
All towing applicants shall be capable of providing reasonable roadside
services to disabled vehicles, such as, but not limited to, jump-starting,
the changing of flat tires, and providing motor fuel. Such services
will only be performed if they can be done so safely, as determined
by the police officer on scene.
(7)
Applicants must agree that, in addition to towing services, they
will provide limited site cleanup of glass, debris, etc., at the site
such that the roadway will be safe to travel and no unsightly material
will be left on the roadside.
(8)
Applicants must provide proof of adequate insurance as provided in
this chapter.
B.
License application required. An application for license shall be
in writing, upon a license application form furnished by the Borough
Clerk signed by the applicant and filed with the Borough Clerk. Said
application shall contain the following information:
(1)
The name, business address, business name and telephone number of
the towing operator.
(2)
The location of the towing operator's towing facility.
(3)
The name of the towing operator's insurance company and insurance
policy number. Proof of insurance must be provided as required under
this chapter.
(4)
The type, condition and design of the vehicles and equipment available
for service.
(5)
Communication availability, including radio communications, and the
location and availability of the dispatch center.
(6)
The name, address and driver's license number of each driver
or operator of the tow vehicle.
(7)
Proof that each vehicle to be licensed is duly registered and inspected
by the State of New Jersey, Division of Motor Vehicles, as a tow vehicle.
(8)
If a corporation applies, the application shall be signed in the
name of the corporation by the president and attested by the secretary.
(9)
Said application shall be duly verified by the applicant before a
notary public or some other person duly authorized to administer oaths.
(10)
Each such application shall be accompanied by the full amount
of the license fee hereafter prescribed.
(11)
A certification granting permission to the Township of Franklin
Police Department to conduct inspection of the applicant's vehicles,
equipment and storage facility for the purpose of determining compliance
with this chapter.
(12)
Documentation evidencing that a criminal background check was
conducted of each driver or operator of the tow vehicles, which background
check shall have been performed not more that 12 months preceding
with documentation of criminal background checks being supplied of
said drivers or operators in not more that twelve-month intervals.
(13)
A plot plan of the tow operators' premises. A plot plan
shall consist of the following:
(a)
Be drawn neatly and to scale;
(b)
Indicate the entire lot for which the application is being made;
(c)
Contain a symbol indicating the direction north;
(d)
Indicate the name of all streets and ways upon which the lot
is located, street addresses and the location and type of existing
and proposed street fixtures such as utility poles, streetlights,
traffic lights and signals;
(e)
Indicate the name of the nearest intersecting street and the
distance from the facility to the intersecting street;
(f)
Indicate, with dimensions, all parking and storage areas with
measurements of distance from buildings and property lines as well
as indicating where fencing is located for the security and safety
of stored vehicles;
(g)
Indication of all driveways, curb cuts and any easements on
the property;
(h)
Indicate the lot and block number of the subject property and
all adjacent properties; and
(i)
If there are any modifications intended to be made to the plot
plan, said modification and change must be submitted and, to the extent
required by the New Jersey Municipal Land Use Law,[1] approved through the appropriate action of the Borough
of Buena Land Use Board.
[1]
Editor's Note: See N.J.S.A. 40:55d-1 et seq.
C.
Zoning. No license shall be issued to a towing operator/owner located
in the Borough of Buena unless the applicant's towing facility
is located within a zoning district where such use is permitted in
accordance with the Borough of Buena Land Use Ordinance[2] or unless a use variance has been obtained therefor, and
any and all land use approvals and/or permits have been obtained therefor,
or unless sufficient crews are provided by the applicant that said
facility was operated at its present location prior to the adoption
of the Borough of Buena Land Use Ordinance.
D.
Compliance. The applicant shall comply with any and all state, federal
and local laws, regulations and ordinances pertaining to safety, lighting
and towing equipment, and shall be subject to inspection at any time
by the Township of Franklin Chief of Police or a designee and the
Borough of Buena.
E.
Assignment. The towing operator shall at no time transfer or assign
a license or any part thereof for any purpose whatsoever without having
first obtained prior approval from the Borough of Buena.
F.
Fee. An application fee of $150 shall be submitted with each application.
A.
Upon completion of the aforesaid investigation, the Township of Franklin
Chief of Police or designee shall file a written report as to the
findings and issue a recommendation of approval or disapproval to
the Borough Clerk.
B.
If the Township of Franklin Chief of Police recommends that the towing
operator not be approved, a written report shall be filed with the
Borough Clerk specifying the findings and the reasons for the rejection.
The Borough Clerk will furnish a copy of the report to the towing
operator by certified mail.
C.
Any towing operator who is denied a license may, after receipt of
notification, file an appeal, in writing, within 10 days with the
Borough Clerk. The Borough Clerk shall then schedule a hearing before
the Public Safety Committee. After that hearing, the Committee may
then determine whether to approve or disapprove the license based
on the requirements of this chapter.
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.
A.
The list of licensed towing operators shall be maintained by the
Township of Franklin Police Department and the Borough of Buena and
shall be utilized on a rotation basis. The rotation shall be on a
weekly basis beginning at 12:00 midnight Saturday night and ending
one week later at 12:00 midnight Saturday night unless otherwise specified
by the Township of Franklin Police Department of the Borough of Buena
or in the event of emergency conditions.
B.
There will be a maximum number of light-/medium-duty tow operators
of four, and of four for heavy-duty tow operators, permitted to perform
work within the Borough of Buena (as defined in this chapter). Replacement
of tow operators on the current list may only occur when there is
a vacancy, provided that the replacement tow operators meet all the
requirements set forth within the application process in this chapter.
C.
Any newly approved operators shall be added to the bottom of the
rotation list, and any adjustments to the rotation schedule are to
be made on January 1 of the following year.
D.
Calls to operators on the rotating list shall be made on a nondiscriminatory
basis, routinely succeeding to the next operator listed.
A.
Removal and transporting of motor vehicles involved in a motor vehicle
accident where the owner or operator of the motor vehicle, when appropriate,
has not made a preference for the towing of the vehicle.
B.
Removal and transporting of a motor vehicle from private or public
property as may be directed by an authorized law enforcement officer
or Zoning Officer of the Borough of Buena.
C.
Removal and disposal from the Borough or private property of motor
vehicles which, pursuant to state law and regulations, would be subject
to the jurisdiction of the Township of Franklin Police Department
and the Borough of Buena.
D.
The storage of a motor vehicle removed and transported from the scene
of a motor vehicle accident.
E.
A towing operator responding to a tow shall be responsible for all
site cleanup related to a motor vehicle accident, including the pickup
and removal of all debris from the scene of the accident and containment
of any hazardous fluids from the vehicle prior to tow, in accordance
with the laws of the State of New Jersey, and all services as defined
by state regulations and all sections herein. It is understood that
the responsibility of the tow operator as established above in no
way relieves the vehicle owner of his responsibility for the cleanup
and removal of any debris or spilled fluids coming from his vehicle.
F.
A towing operator shall provide either one boom tow truck with a
wheel lift or winch rollback or one boom tow truck with a wheel lift
capable of transporting the vehicle to be removed without additional
damage. The transported vehicle shall not exceed the carry weight
or capacity of the carrying vehicle.
G.
The towing operator shall ensure the proper utilization and deployment
of safety devices as more particularly defined herein.
H.
If a licensed towing operator is unable to handle a particular situation
for whatever reason, the Borough shall have the right to use whatever
means necessary to accomplish the removal, transporting and storage
of motor vehicles.
I.
No towing operator shall subcontract any work to be performed pursuant
to this chapter without having first obtained prior written approval
from the Franklin Township Police Department and the Borough of Buena.
Subcontractors must be licensed and on the current tow list. Any towing
operator to whom approval to subcontract work has been given shall
be responsible for the services performed by and the acts and omissions
of the subcontractor and shall remain liable for any violation of
this chapter by the subcontractor.
A.
The towing operator shall provide a towing facility of sufficient
size to accommodate not less than five passenger vehicles and one
tractor and trailer, and not less that 800 square feet of inside storage
facilities to hold and protect "police hold" vehicles. At no time
shall any automobile towed by a towing operator be stored at any other
location, except where a vehicle is towed at the request of the owner
to a specific location.
B.
The towing operator shall provide tow vehicles capable of handling the transporting of motor vehicles as defined in § 223-1 of this chapter.
C.
The towing facility shall be staffed by the licensed towing operator
during normal business hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday, and include twenty-four-hour telephone service, seven days
per week, during the week in which the licensed facility is on call.
D.
Each tow vehicle or flatbed vehicle shall be equipped with towing
and safety equipment, warning devices such as lights, flares and flags
to warn other automobile operators of the presence of a disabled automobile,
and mechanics tools to perform complete emergency work, including
but not limited to the following. All tow operators shall be required
to wear a reflective jacket or vest when towing vehicles on the roadway
and at all times shall exercise extreme caution and due safety.
E.
All tow trucks must be in compliance with all safety equipment requirements
as listed in N.J.S.A. 39:3-1 et seq. and 49 CFR 393.
F.
No changes may be made to tow vehicles, facilities or equipment without
prior written approval of the Franklin Township Police Department
and the Borough of Buena.
G.
If issued at the discretion of the Borough in accordance with this
chapter, each tow vehicle shall display any licensure stickers issued
by the Borough Clerk on the driver's door panel and shall have
the name and number of the licensed tow operator displayed on the
vehicle in such manner and of such lettering as to conform to the
provisions of N.J.S.A. 39:4-46.
H.
Towing operators and their employees shall provide all services required
by this chapter at all times and shall be subject to the following
requirements:
(1)
Possess sufficient knowledge, skill and ability to provide minimum
road services for disabled vehicles and to adequately remove a vehicle
from an accident scene without causing additional damage to the vehicle.
(2)
Not have any impairment which would prohibit towing operators and
their employees from performing the duties and obligations set forth
in this chapter.
(3)
Obey all traffic laws, statutes, regulations and ordinances promulgated
by the State of New Jersey and the Borough of Buena.
I.
The tow vehicles provided by the towing operator shall be of such
type and design to properly and safely perform all towing services
required by this chapter and shall at all times comply with New Jersey
Statutes and Regulations and be subject to inspection by the Township
of Franklin Chief of Police or designee.
J.
All drivers of tow vehicles shall possess at all times a valid New
Jersey driver's license and a commercial driver's license
where applicable, which shall be subject to inspection by the Township
of Franklin Chief of Police. Said operator shall obey all traffic
laws and shall comply with all statutes and regulations of the State
of New Jersey and of the Borough of Buena.
K.
The tow vehicles provided by the towing operator shall be geographically
located so as to permit a response time within 25 minutes of being
dispatched as herein set forth.
L.
At all times, the towing operator shall maintain the towing facility
in a clean and orderly fashion. Reasonable measures shall be taken
by the towing operator to prevent vandalism, theft or damage to automobiles
stored therein.
M.
In the event that motor vehicles which are towed and stored by the
towing operator are abandoned or unclaimed by the owners thereof,
the towing operator shall make no claim against the Borough of Buena,
its agents or employees. Only those vehicles towed from private property
or public rights-of-way under authorization of either the Borough
or an authorized law enforcement officer, not including accident vehicles,
shall be disposed of by the Borough of Buena, pursuant to N.J.S.A.
39:10A-1 or other appropriate state statute or state regulations.
N.
The towing owner/operator, operating pursuant to this chapter, is
an independent contractor, and in no part an agent, servant or employee
of the Borough of Buena. Said owner/operator shall at all times maintain
direct supervision, management and control over all of its employees
and personnel engaged in the operation or services performed pursuant
to this chapter.
O.
Towing operators approved for tow list eligibility shall be required
to fulfill tow requests of the Zoning Officer and/or any authorized
law enforcement agency or officer. Failure or refusal to remove a
vehicle pursuant to this chapter shall be cause for removal from the
approved tow list.
P.
The tow operator shall be responsible for ensuring the proper, safe
and secure storage of all vehicles towed. The tow operator shall be
liable for any and all damage incurred by such vehicles while in transit
to or while stored in or at the facilities of the operator.
A.
A towing company shall carry insurance of the following types with
the minimum policy limits noted for each type:
(1)
Automobile liability insurance in the amount of not less than $1,000,000.
(2)
Workers' compensation in the minimum amounts required by law.
(3)
Garage keepers' liability coverage of not less than $100,000
per location.
(4)
Garage liability including cargo insurance in an amount of not less
than $500,000 combined single limit.
(5)
Comprehensive general liability coverage of $1,000,000 combined single
limit coverage.
B.
Policies shall be endorsed to provide for collision coverage for
vehicles in tow.
C.
The Borough of Buena shall be named as an additional insured on all
policies.
D.
Proof of coverage shall be provided to the Borough, and the policies
shall provide that the Borough be notified in the event of the tow
operator's failure to pay premiums or in the event of cancellation,
termination or revision of the policies or amounts of coverage.
E.
In the event the Borough deems, in its discretion, that appropriate
coverage is not in place, the contractor shall be so advised and shall
be removed from the towing list until such time as appropriate coverage
is restored.
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.
A.
No person shall tow any motor vehicle parked for an unauthorized
purpose or during a time at which such parking is not permitted from
any privately owned parking lot, from other private property or from
any common driveway without the consent of the motor vehicle owner
or operator, unless:
(1)
The person shall have entered into a contract for private property
towing with the owner of the property;
(2)
There is posted, in a conspicuous place at all vehicular entrances
to the property which can easily be seen by the public, a sign no
smaller than 36 inches high and 36 inches wide stating:
(a)
The purpose or purposes for which parking is authorized and
the times during which such parking is permitted;
(b)
That unauthorized parking is prohibited and unauthorized motor
vehicles will be towed at the owner's expense;
(c)
The name, address, and telephone number of the towing company
that will perform the towing;
(d)
The charges for the towing and storage of towed motor vehicles;
(e)
The street address of the storage facility where the towed vehicles
can be redeemed after payment of the posted charges and the times
during which the vehicle may be redeemed; and
(f)
Such contact information for the Division of Consumer Affairs
as may be required by regulation;
(3)
The property owner has authorized the person to remove the particular
motor vehicle; and
(4)
The person tows the motor vehicle to a secure storage facility that
is located within a reasonable distance of the property from which
the vehicle was towed.
B.
No private property owner shall authorize the towing of any motor
vehicle parked for an authorized purpose or during a time at which
such parking is not permitted from the private property owner's
property without the consent of the motor vehicle owner or operator,
unless:
C.
This section shall not apply to a motor vehicle parked on a lot or
parcel on which is situated a single-family unit or an owner-occupied
multiunit structure of not more than six units or in front of any
driveway or garage entrance where the motor vehicle is blocking access
to that driveway or garage entrance.
D.
Exemption from certain signage requirements.
(1)
The requirements of Subsection A(2) of this section shall not apply to a residential community in which parking spaces are specifically assigned to community residents, provided that:
(a)
The assigned spaces are clearly marked as such;
(b)
There is specific documented approval by the property owner
authorizing the removal of the particular vehicle; and
(c)
A sign, which can easily be seen by the public, is posted in
a conspicuous place at all vehicular entrances to the residential
community property, stating that unauthorized parking in an assigned
space is prohibited and unauthorized motor vehicles will be towed
at the owner's expense, and providing information or a telephone
number enabling the vehicle owner or operator to immediately obtain
information as to the location of the towed vehicle.
(2)
The exemption in this subsection shall not apply to any private parking
lot or parcel owned or assigned to a commercial or other nonresidential
entity located in such residential communities.
A.
When performing services under the tow list to tow and/or store a
motor vehicle, the towing charge and storage charge shall not exceed
those charges as set forth in this chapter. These are maximum fees
that may be charged.
B.
C.
The fees set forth on the schedules for towing rates are the maximum
charges that shall apply to a motor vehicle for basic towing services.
D.
The towing rates shall be calculated based on the total distance
traveled from the tow vehicle's base of service to the job site
and return by way of the shortest available route. Fractions shall
be rounded up to the nearest whole mile.
E.
Tow vehicles transporting multiple motor vehicles at one time may
charge the applicable fee for each such vehicle transported.
F.
When towing services are otherwise required, the day rate shall apply
when the vehicle is transported (pickup and delivery) entirely between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except
New Jersey state holidays. The night, weekend and holiday rate shall
otherwise apply.
G.
The Borough Clerk shall post fees, available to the public, during
normal business hours along with a copy of this chapter and the fee
schedules of licensed towing operators.
H.
Payment from the public shall include credit cards.
A.
The Zoning Official shall be responsible for the enforcement of the
provisions of this chapter.
B.
Motor vehicles which remain unclaimed by the owner or other person
having legal right thereto shall be disposed of pursuant to the applicable
provisions of Title 39 of the New Jersey Statutes. The last known
owner of an abandoned vehicle shall be responsible for all towing
fees or charges, storage fees or charges, road service fees or charges,
and any other fees permitted by law.
C.
The Borough shall make periodic inspections of facilities, equipment
and service and, upon request, shall be provided full access to equipment
or property. Such inspections shall be made quarterly, semiannually,
or annually, as determined by the applicable zoning official, but
in no case shall such inspections be made less than annually.
D.
The Township of Franklin Police Department shall have the right to
store at its own facilities motor vehicles towed at its direction
or confiscated in suspected crimes. All licensed towing operators
shall extend storage to the Township of Franklin Police Department
at no cost and, if so requested, shall provide separate storage space
for exclusive use of the Township of Franklin Police Department also
at no cost. Abandoned vehicles or vehicles confiscated by the Township
of Franklin Police Department are to be stored as authorized by the
Township of Franklin Police Department to assure protection of the
vehicle and to provide security of said vehicle until appropriately
disposed of by the Township of Franklin Police Department.
E.
Towing operators shall not pile vehicles or park towed vehicles on
public streets or sidewalks.
F.
Pursuant to the Spill Compensation and Control Act, including N.J.S.A.
58:10-23.11(g), any person in any way responsible for a discharge
of petroleum or hazardous substances shall be strictly liable, jointly
and severally, without regard to fault, for all costs of cleanup and
removal of the discharge from the public right-of-way and private
property within the area of the spill. The tow operator and/or facility
owner shall be responsible for the cleanup and removal of any spill
or discharge of petroleum or hazardous substances at its storage facility.
The facility owner may choose to take action against the vehicle owner
for the cost of such cleanup and removal. The responsible party shall
contact the NJDEP Action Line to report any spills or leaks as required
by N.J.S.A. 58:10-23.11(e).
G.
Whenever any petroleum or hazardous substances are discharged on
public property or within the public right-of-way, the Health Department
may, in its discretion, act to remove or arrange for the removal of
such discharge, or may direct the responsible party to remove or arrange
for the removal of such discharge. The County Environmental Health
Department shall monitor compliance with any cleanup directives. Pursuant
to N.J.S.A. 58:10-23.11(f), any person who fails to comply with a
cleanup directive shall be liable to the Borough in an amount equal
to three times the cost of such removal.
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.
A.
Every towing company that performs private property or other nonconsensual
towing shall retain and make available for inspection by the Division,
for a period of three years, invoices, job orders, logs, claims for
reimbursement from insurance companies and other documentation relating
to all consensual and nonconsensual towing services performed and
rates charged for the services.
B.
The regulations set forth in this chapter shall be made available
to the public at the Borough hall during normal business hours.
C.
Employees of the tower are not to be deemed to represent nor be employed
by the Borough, and the tower shall accept responsibility for the
conduct of its employees.
D.
Complaints concerning the services provided or fees charged by the
tower shall be investigated by the Township of Franklin Police Department
and Buena Borough, who will prepare a written report to be presented
to the Borough's Public Safety Committee for such further action.
E.
Towers shall disclose the rate of fees charged by, at a minimum,
posting the rates in a conspicuous place at the storage area.
F.
The Borough of Buena shall assume no liability for any services performed
by the tower.
A.
The contractor shall employ a sufficient number of employees to comply
with the minimum operational requirements.
B.
All drivers of the contractor shall be over the age of 18 years and
must have a valid, current New Jersey state driver's license
and shall be in good health and of high moral character.
C.
Dealing with the public. In all of its dealings with the public,
the tower is expected always to act in a professional manner and at
all times to be courteous and respectful toward members of the public
as well as representatives of the Borough of Buena. While members
of the public, especially those whose cars may have been towed or
impounded, may at times resort to strong language, threats and unbecoming
behavior toward the tower, the tower is expected to exercise restraint
and not to respond in kind, and thereby reflect unfavorably on the
Borough of Buena and/or the Township of Franklin Police Department.
Reports of discourteous behavior by the tower or his employees may
be considered by the Borough as sufficient cause for removal from
the towing list.
A.
Each tow company shall be deemed to have taken possession of motor
vehicles towed in accordance with this chapter, other than abandoned
motor vehicles towed at the request of the Township of Franklin Chief
of Police or his designee, under the provisions of N.J.S.A. 39:10A-1
and N.J.S.A. 39:4-56.5.
B.
It shall be the responsibility of the towing company to notify the
registered owner, or any other person having a legal interest therein,
within 10 days of having towed said vehicle or rendered any other
service thereto, of the location of the vehicle, the service rendered,
the charge for such service and the time within which the motor vehicle
must be collected, said period for collection not to exceed 30 days.
C.
Upon the expiration of the time to collect the motor vehicle as set forth in Subsection B, the towing company must either offer the vehicle for sale at public auction or cause a junk title certificate to be issued for the motor vehicle in accordance with the laws of the State of New Jersey, specifically N.J.S.A. 39:10A-8 et seq., a copy of said title to be kept by the applicant.
D.
Any notification required in this chapter shall be in writing, sent
by certified or registered mail, return receipt requested, to the
last known address of the person to whom the notice is to be given.
E.
The towing company shall be responsible to perform all searches with
the New Jersey Motor Vehicle Commission or out-of-state motor vehicle
commission to determine ownership and the last known address of the
title owner to the vehicle in question. That information and proof
of searches with appropriate state agencies must be provided to the
Township of Franklin Chief of Police.
F.
At any time prior to the sale of the motor vehicle or the issuance
of a junk title certificate therefor, the owner of the motor vehicle
may reclaim possession of the motor vehicle from the towing company
upon payment of the towing services as set forth herein and the expense
of storage of the motor vehicle.
