[HISTORY: Adopted by the Township Council of the Township
of Little Falls as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-28-2013 by Ord. No. 1181[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 249,
Towing, adopted 5-10-2010 by Ord. No. 1091.
This article shall regulate towing and storage services originating
in the Township of Little Falls (the "Township" or "Little Falls")
with respect to motor vehicles with a gross vehicle weight of less
than 12,000 pounds.
A.Â
Any owner of a vehicle requiring towing services originating in the
Township shall have the right to select a tower of his own choice
and at his own expense unless:
(1)Â
The condition or location of the vehicle, in the opinion of the Little
Falls Police Department, creates a hazard or an impediment to the
flow of traffic;
(2)Â
The owner or operator of the vehicle is unable to or unwilling to
select a tower of his own choosing, including, without limitation,
circumstances under which the owner or operator of the vehicle has
been placed under arrest or is otherwise incapacitated or impaired;
(3)Â
In the opinion of the Little Falls Police Department, the vehicle
is an abandoned or a recovered stolen vehicle, a trespass has occurred,
or where a tow is necessary to secure and preserve evidence.
B.Â
In such cases, the Little Falls Police Department may summon an emergency
tow provider to remove the vehicle, at the expense of the owner or
driver, and store it at its storage facility. In any instance, however,
in which the tow provider is summoned by the Little Falls Police Department,
it shall be done pursuant to the provisions of this article, under
the authority provided by N.J.S.A. 40:48-2.49 et seq.
A.Â
On November 1 (or first following weekday if November 1 falls on a weekend) of every even year beginning in 2014, the Township Clerk shall accept applications from towing companies seeking to be licensed as an official towing company for the Township ("licensee"). License application forms shall be made available by October 1 for pickup at the Township Municipal Building. Submitted applications shall contain the information as set forth and required herein and by § 249-4 of this article. Applicants submitting incomplete applications shall not be considered for selection. Applications may be submitted during normal business hours (9:00 a.m. to 4:00 p.m.) to the Township Clerk at the Township Municipal Building. Applications must be received by close of business day on November 30 (or first following weekday if November 30 falls on a weekend).
[Amended 10-20-2014 by Ord. No. 1202]
B.Â
Applications shall be reviewed for completeness by the Police Chief (for purposes of this article, all references to the Police Chief shall mean the Police Chief or his or her designee) and/or Township Clerk by December 10 of each applicable licensee selection year. Application fees must accompany submitted applications to be deemed complete. See § 249-5. The Township and its employees, officials and agents, in connection with the review, processing and approval of any application for licensure under this article shall have the discretion to waive any immaterial defect with respect to any such application, in a manner on par with and consistent with applicable statutory and common procurement law governing a contracting unit's discretion to waive immaterial defects in connection with the public bidding and procurement process.
[Amended 10-20-2014 by Ord. No. 1202]
C.Â
The Police Chief shall review all applications that have been timely submitted. Only applicants who have submitted compete applications (with the requisite application fee) and who meet all of the eligibility criteria set forth in Subsection E below shall be considered for licensure. No more than four towing companies shall be licensed by the Township. The Police Chief shall conduct his review and shall recommend either approval or denial of the application(s) within 14 days of the application close date. Approved applicants shall be deemed the Township's licensees by the Township Council for the following two years beginning January 1 and shall be duly licensed, provided that the designees have met and continue to meet all the requirements of this article and for licensure.
D.Â
In the event that the number of applicants exceeds the four available openings, a selection lottery shall be held by the Township Clerk. Only applicants who have submitted complete applications (with the requisite application fee) and who meet all of the eligibility criteria set forth in Subsection E below shall be eligible for participation in the selection lottery. The selection lottery shall occur on December 10 (or the first following weekday if December 10 falls on a weekend). Under the lottery, each applicant shall be randomly assigned a number consistent with the number of applicants. The four lowest numbers randomly selected shall be deemed the winning designees. Replacement designees will be selected as needed based on the numbers drawn in the lottery in the event a winning designee is disqualified for any reason following the lottery. The winning designees under the lottery shall be deemed the Township's Licensees by the Township Council for the following two years beginning January 1 and shall be duly licensed, provided that the designees have met and continue to meet all the requirements of this article and for licensure.
E.Â
In order to be considered for selection as a licensee, towing companies
must meet the following eligibility criteria (in addition to other
requirements as set forth herein):
(1)Â
Guarantee a maximum 20 minutes' response time.
(2)Â
Be available on a seven-day-per-week, three-hundred-sixty-five-day-per-year
basis.
(3)Â
Provide, at the towing company's own expense, cellular telephone
communication with the Little Falls Police Department.
(4)Â
Have adequate storage space either in the Township or within a four-mile
radius of 225 Main Street, Little Falls, New Jersey, that shall:
(a)Â
Be fully enclosed with a fence (minimally capable of holding
six vehicles or 1,080 square feet) and secured from pilferage or damage;
(b)Â
Permit the inside storage of at least two vehicles at any given
time;
(c)Â
Be adequately illuminated during hours of darkness; and
(d)Â
Be completely free of garbage, debris, automotive parts, or
other tripping hazards.
(5)Â
Provide for the reasonable cleanup of an accident scene, which shall include sweeping glass from the roadway and the removal of other accident-related debris as described in N.J.S.A. 39:4-56.8. The cleanup fee as set forth in § 249-9 shall be divided equally among the towed vehicles involved in the collision. The debris shall not be placed into the towed vehicle.
(6)Â
Have at its immediate disposal a minimum of three towing trucks within
a four-mile radius of 225 Main Street, Little Falls, New Jersey, with
sufficient personnel to be able to comply with the twenty-minute maximum
response time required by this article.
(7)Â
Own or have immediate access to a flatbed tow truck with sufficient
personnel to be able to comply with the twenty-minute maximum response
time required by this article.
(8)Â
Provide a certificate of insurance from a financially stable insurance
carrier possessing an A.M. Best Company rating of not less than "A."
Said certificate of insurance must further evidence that the following
insurance coverage is valid and in effect for the specified contract
period:
(a)Â
Commercial automobile liability insurance with $1,000,000 comprehensive
single limit of liability.
(b)Â
Garage keeper's liability with limits of $150,000 per storage
location.
(c)Â
Workers' compensation insurance with the mandatory limits
of coverage required by New Jersey statute.
(d)Â
Endorsements naming the Township of Little Falls as an additional
insured and further indicating that the insurance coverage shall not
be canceled without a minimum of 15 days' prior notice to the
Township.
(9)Â
Comply with the criminal history check and certified driver history
record abstract requirements of this article.
A.Â
Every applicant for a license under this article shall complete,
sign and verify a written application, in duplicate, on forms furnished
by the Township Clerk.
B.Â
The application shall state:
(1)Â
Name and address of the applicant.
(2)Â
Residence address and full local address, if any, of the applicant.
(3)Â
Serial number and registration for each vehicle to be operated by
the applicant.
(4)Â
Location of storage area for wreckers and cars and the amount of
available space for storage of towed cars.
(5)Â
Policies or certificates of insurance coverage as herein provided.
(6)Â
Consent to appointment of the Township Clerk as the applicant's
true and lawful attorney for the purpose of acknowledging service
out of any court of competent jurisdiction to be served against the
applicant.
(7)Â
Agreement to be available for service on business premises a minimum
of 12 hours a day and to abide by the fees provided for by this article.
(8)Â
Names and addresses of two business references.
(9)Â
Sketch plan showing the location of the storage area, the number
of cars that can be stored, and the total square footage area of the
outside secured storage area.
(10)Â
Proof of ownership or lease of the outside secured storage area.
(11)Â
Proof of ownership, lease or other written agreement demonstrating
availability of the vehicles which will be utilized to provide services
pursuant to this article.
(12)Â
Agreement to indemnify and hold the Township, its officers,
agents, and employees harmless from any and all liabilities, claims,
costs, penalties, fines, and attorney's fees rising out of the
towing, wrecking, storage and/or emergency services provided by the
tow vendor at the request of the Township pursuant to this article.
(13)Â
Full list of the names of all employees working at the towage
facility, including all drivers of towing vehicles.
(14)Â
Responses to any other reasonable inquiries required by the
Police Chief with regard to fitness as a licensee.
A.Â
The Township shall require an application fee of $500 payable to
the Township for processing of the license application. The application
fee is nonrefundable.
B.Â
The Township shall require a license fee of $250 payable to the Township
for licensure. The license fee shall be due upon notice from the Police
Chief following the submission of satisfactory criminal history checks
and driving abstracts.
A.Â
The Township shall issue licenses to its licensees. Licenses shall
be valid for two years.
B.Â
Licenses are the property of the Township and may not under any circumstances
be assigned, leased, shared, transferred or sold to another person,
corporation or proprietorship.
C.Â
All prospective licensees and every towing company employee involved
in the towing or storage of towed vehicles, or who will have access
to towed vehicles, shall arrange for a fingerprint criminal history
check to be conducted by MorphoTrak (which is a private company under
contract with the New Jersey State Police) or such successor entity
which is designated by the New Jersey State Police, with the results
to be provided directly by MorphoTrak to the Township of Little Falls,
225 Main Street, Little Falls, NJ 07424 by completing MorphoTrak Form
D, which can be obtained from the New Jersey State Police or online
at http://www.nj.gov/njsp/info/pdf/092509_universformd.pdf.
D.Â
All prospective licensees and every towing company employee involved
in the towing of vehicles shall provide a certified driver history
record abstract from the New Jersey Motor Vehicle Commission to the
Little Falls Police Department.
E.Â
The Police Chief shall recommend the issuance of a license when he
finds that:
(1)Â
The public convenience and necessity require the proposed wrecker
service for which the application has been submitted.
(2)Â
The applicant and all its employees are fit and proper persons to
conduct or work in the proposed business.
(3)Â
The applicant's towing facility, proposed storage area, vehicles
and equipment area meet the Township's requirements.
(4)Â
The application submitted by the applicant complies with the requirements
of this article and all other applicable ordinances of the Township.
F.Â
No license shall issue to prospective licensees prior to the payment
of the licensing fee of $250.
G.Â
The Township shall issue license stickers to licensees to be applied
to all of its towing vehicles.
A.Â
The rotation of licensees shall be as follows, subject to modification
by the Police Chief or his designee:
(1)Â
Licensees shall be placed on a rotation list in alphabetical order
by business name. A licensee shall remain at the top of the list for
a period of two weeks, at the end of which the next alphabetically
listed licensee shall serve. The two-week rotation schedule shall
be implemented throughout the two-year license period. The rotating
schedule of licensees shall be posted at police headquarters. A licensee
that wishes to change its assigned rotation due to vacation or conflict
may do so with the consent of the Chief of Police or his designee.
(2)Â
In the event that a licensee refuses a call for service or is unable
to perform a call for service within the allotted twenty-minute ordinance
requirement, that towing company shall move to the bottom of the list
and the next licensee on the rotation list shall be called. A one-time
refusal or inability to service a call shall not affect the two-week
rotation schedule.
B.Â
The selection process described herein shall be operative where the
tow provider is summoned by the Little Falls Police Department.
A.Â
The Police Chief shall have the authority to suspend a licensee from
the tow providers' rotational list for a period of up to 30 calendar
days for failure to comply with any of the requirements of this article.
For a subsequent failure to comply with any of the requirements of
this article, the Police Chief may remove the licensee from the rotational
list for a twelve-month period.
B.Â
A licensee may appeal the suspension or removal from the tow providers'
rotational list by filing a notice of appeal with the Township Clerk
within 10 business days of the Police Chief's decision.
C.Â
A hearing shall be held by the Mayor and Township Council within
30 days of filing the appeal.
D.Â
The Mayor and Township Council shall render its determination within
20 days following the conclusion of the hearing. The Mayor and Township
Council's determination shall be final and conclusive.
Towing rates are as set forth in Chapter 71, Fees. Towing rates are subject to modification by way of resolution of the Township Council and shall be on record with the Clerk of the Township.
B.Â
Storage fees shall not be charged on a Sunday and a holiday where
the licensee is unavailable to release the towed vehicle.
C.Â
The storage rate shall be as set forth in Chapter 71, Fees: $40 per day in twenty-four-hour increments, starting at the time the vehicle is towed, or $1 per hour part thereof.
D.Â
All employees of licensees must wear reflective safety vests when
out of the tow truck as specified by current standards/statutes.
E.Â
Licensees are prohibited from cruising or showing up at scenes without
being called by the Police Department.
A.Â
Each licensee shall have the ability to provide recovery and winching
services. Recovery services are those services that require the 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 by several actions that include, but are not limited to, winching
and rigging.
B.Â
Under no circumstances shall a winching or recovery fee be charged
because a vehicle was dragged onto a flatbed tow vehicle.
A.Â
In any instance in which a motorist makes an inquiry of the Little Falls Police Department concerning towing services, the Little Falls Police Department shall advise the motorist of the name and address of the scheduled licensee currently in rotation, and except as provided in § 249-2 where the police shall have the right to summon a tow service, the police officer shall advise the motorist that he may select any tower of his own choice and at his own expense.
B.Â
If requested to remove a vehicle out of the lane of travel so that a motorist could utilize his/her own towing service, the maximum allowable charge shall be as set forth in Chapter 71, Fees, and the licensee shall tow the vehicle to a safe location as determined by the on-scene police officer.
C.Â
In the event a tow is requested by a motorist through the Little
Falls Police Department to a location outside of the Township from
the scene subject to the availability of the on-rotation licensee,
the maximum rate that can be charged is $3 per mile, in addition to
the tow charge.
The Police Chief or his designee is hereby authorized to enforce
all provisions of this article in accordance with due process of law.
[Adopted 10-28-2013 by Ord. No. 1182[1]]
The recitals hereto are hereby incorporated herein as if set
forth at length.[1]
[1]
Editor's Note: A copy of the entire ordinance is on file
in the Township offices.
A.Â
Scope. This article shall regulate towing and storage services originating
in the Township for vehicles with a gross vehicle weight of or in
excess of 12,000 pounds ("heavy vehicles").
B.Â
ABSORBENT
ADMINISTRATIVE CHARGES
BASIC ENVIRONMENTAL CLEANUP
BASIC TOW
BASIC TOWING SERVICE
CHIEF OF POLICE or POLICE CHIEF
CRUISING
DISABLED VEHICLE
EMERGENCY ROAD REPAIR SERVICE
HEAVY-DUTY WRECKER
HEAVY TOWING SERVICES
HEAVY TOW PROVIDER
HEAVY VEHICLES
LICENSED WRECKER/TOW TRUCK
LICENSEE
MOTOR VEHICLE
OUTSIDE SECURED STORAGE FACILITY
(1)Â
(2)Â
(3)Â
(4)Â
OWNER
PERSON
POLICE
PRINCIPAL LOCATION
RECOVERY
ROADWAY CLEANUP
ROTATING LIST
SITE CLEANUP
STORAGE DAY
STORAGE SERVICES
TARPING
TOWING OPERATOR
VEHICLE
WAITING TIME
WINCHING
WINDOW WRAP
WRECKER/TOW TRUCK
YARD CHARGE
Definitions. The following terms shall have the meanings ascribed
to them below, as follows:
A granulated or powdered substance used to soak up fluids
used in the operation of motor vehicles. A bag or container of absorbent
will be defined as weighing 50 pounds.
Charges for postaccident services, including but not limited
to services such as physical inspection, telephone and/or fax calls,
removal of personal items, additional paperwork and more than three
trips to the motor vehicle in storage.
The cleanup and removal of small quantities of fluids used
in the operation of a motor vehicle which leak onto the ground.
Arriving at the site from which a motor vehicle will be towed,
hooking a motor vehicle to or unloading a motor vehicle onto a tow
truck, transporting a motor vehicle to a storage facility, unhooking
or unloading a motor vehicle from a tow truck and situating the motor
vehicle in the space in which it will be stored.
The towing of a vehicle or the removal and transportation
of a vehicle from a highway, street or other public or private property.
The highest ranking sworn officer within the Little Falls
Police Department, or his or her designee.
The operation of a tow truck within the Township of Little
Falls to solicit vehicle towing, emergency road service and/or other
related towing services unless in response to a police request.
A motor vehicle which has been abandoned or rendered inoperable
by mechanical failure or accident. Any motor vehicle, operable or
inoperable, which constitutes a hazard to the motoring public by its
location shall be deemed disabled for the purposes of this article.
Repairs which may be performed at the location of a disabled
vehicle, including, but not limited to, flat tire changing, jump-starting,
gasoline deliveries, etc.
A tow truck with dual rear wheels and air brakes capable
of towing and wheel-lifting large vehicles damage-free and which meets
the following minimum requirements:
Shall be as defined in § 249-19 hereof.
Shall be as defined in § 249-20A hereof.
Shall be as defined in § 249-18A hereof.
Any wrecker/tow vehicle licensed pursuant to the provisions
of this article.
Any person, firm, partnership, association, corporation,
company or organization of any kind that has been issued a license
by the Township, pursuant to this article, to provide heavy towing
services to the Township.
All vehicles propelled other than by muscular power, excepting
such vehicles as run only upon rails and tracks and motorized bicycles,
motorized scooters, motorized wheelchairs, and motorized skateboards.
Any motor vehicle storage facility that is not located within
an enclosed structure and that conforms to the following minimum standards:
The entire land area shall be enclosed by a fence of sturdy
construction, a wall or other man-made barrier that is at least seven
feet in height, with a minimum of one lockable gate for ingress and
egress, in accordance with local zoning regulations.
All entry points shall have a locking device.
The area shall have adequate lighting to protect stored vehicles
from vandalism.
The towing operator shall submit proof that he owns or leases
an area for storage minimally capable of holding six heavy vehicles
or 3,000 square feet, within a twenty-minute response time to any
call for towing or service within the Township of Little Falls. Said
proof shall include the deed or deeds to the property or the leases
to the same. The towing operator shall submit proof of local zoning
compliance for use of the storage facility.
A person, firm, corporation or partnership who owns and/or
operates a motor vehicle on the roads and highways within the Township
of Little Falls.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Little Falls Police Department.
The licensed place of business of the towing operator. The
towing operator shall maintain a place of business where trucks, in
response to police requests, are normally kept. The impound area shall
be located adjacent to, or be part of, the principal location and
shall comply with the local zoning ordinances. The principal location
must be open to the public, between 8:00 a.m. and 6:00 p.m., Monday
to Friday, and 8:00 a.m. to 4:00 p.m. on Saturday, and the principal
location shall contain a clean, comfortable waiting area with toilet
facilities.
The procedure in which 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; can be achieved by
several actions that may include but are not limited to winching and
rigging.
The sweeping and removal of all debris left on the roadway
as a result of an accident or incident.
The list of towers prepared by the Chief of Police from which,
each week, the on-duty tower for the week is designated.
The use of absorbents to soak up any liquids from a motor
vehicle at the site from which the motor vehicle will be towed and
sweeping and removal of all debris left on the roadway as a result
of an accident or incident.
Any twenty-four-hour day or any portion thereof, with a new
day beginning at 12:00 midnight.
The storage and/or holding of vehicles indoors or outdoors
by a licensee under the authority of this article.
Covering a motor vehicle to prevent weather damage.
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
motor vehicles.
Every device in or upon or by which a person or property
is or may be transported upon a highway, except devices moved by human
power.
Additional time that a tow operator 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 emergency medical
services (EMS) which must be performed and/or police investigations.
The process of moving a motor vehicle, by the use of chains,
nylon slings or additional links of winch cable, from a position that
is not accessible for direct hookup for towing a motor vehicle. Winching
also includes recovering a motor vehicle that is not on the road and
righting a motor vehicle that is on its side or upside down but does
not include pulling a vehicle onto a flatbed tow truck.
Any material used to cover motor vehicle windows that have
been damaged.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying, recovering or removing
any and all kinds of motor vehicles which are unable to be and actually
are not operated under their own power from the place where they are
disabled to some other place or any vehicle(s) which the Police Department
has ordered to be impounded. A tow vehicle must be manufactured by
a tow truck manufacturer that is nationally recognized by the towing
industry.
A charge for a motor vehicle, towed into the storage facility
of the licensed tower, that is inoperable and must be towed from the
licensed tower's storage facility to a public street for towing
by a secondary tower.
A.Â
Any owner of a heavy vehicle requiring towing services originating
in the Township ("heavy towing services") shall have the right to
select a heavy tow provider of his own choice and at his own expense
unless:
(1)Â
The condition or location of the heavy vehicle, in the opinion of
the Little Falls Police Department, creates a hazard or an impediment
to the flow of traffic;
(2)Â
The owner or operator of the heavy vehicle is unable to or unwilling
to select a heavy tow provider of his own choosing, including, without
limitation, circumstances under which the owner or operator of the
heavy vehicle has been placed under arrest or is otherwise incapacitated
or impaired;
(3)Â
In the opinion of the Little Falls Police Department, the heavy vehicle
is an abandoned or a recovered stolen vehicle, a trespass has occurred,
or a tow is necessary to secure and preserve evidence.
B.Â
In such cases, the Little Falls Police Department may summon an emergency
heavy tow provider to remove the heavy vehicle, at the expense of
the owner or driver, and store it at its storage facility. In any
instance, however, in which the heavy tow provider is summoned by
the Little Falls Police Department, it shall be done pursuant to the
provisions of this article, under the authority provided by N.J.S.A.
40:48-2.49 et seq.
A.Â
On November 1 (or first following weekday if November 1 falls on a weekend) of every even year beginning in 2014, the Township Clerk shall accept applications from towing companies seeking to be licensed as an official heavy tow provider for the Township ("heavy tow provider" or "licensee"). License application forms shall be made available by October 1 for pickup at the Township Municipal Building. Submitted applications shall contain the information as set forth and required herein and by § 249-21 of this article. Applicants submitting incomplete applications shall not be considered for selection. Applications may be submitted during normal business hours (9:00 a.m. to 4:00 p.m.) to the Township Clerk at the Township Municipal Building. Applications must be received by close of business day on November 30 (or first following weekday if November 30 falls on a weekend).
[Amended 10-20-2014 by Ord. No. 1202]
B.Â
Applications shall be reviewed for completeness by the Police Chief and/or Township Clerk by December 10 of each applicable licensee selection year. Application fees must accompany submitted applications to be deemed complete. See § 249-22. The Township and its employees, officials and agents, in connection with the review, processing and approval of any application for licensure under this article, shall have the discretion to waive any immaterial defect with respect to any such application, in a manner on par with and consistent with applicable statutory and common procurement law governing a contracting unit's discretion to waive immaterial defects in connection with the public bidding and procurement process.
[Amended 10-20-2014 by Ord. No. 1202]
C.Â
The Police Chief shall review all applications that have been timely submitted. Only applicants who have submitted compete applications (with the requisite application fee) and who meet all of the eligibility criteria set forth in Subsection E below shall be considered for licensure. No more than four heavy tow providers shall be licensed by the Township. The Police Chief shall conduct his review and shall recommend either approval or denial of the application(s) within 14 days of the application close date. Approved applicants shall be deemed the Township's Licensees by the Township Council for the following two years beginning January 1 and shall be duly licensed, provided that the designees have met and continue to meet all the requirements of this article for licensure.
D.Â
In the event that the number of applicants exceeds the four available openings, a selection lottery shall be held by the Township Clerk. Only applicants who have submitted complete applications (with the requisite application fee) and who meet all of the eligibility criteria set forth in Subsection E below shall be eligible for participation in the selection lottery. The selection lottery shall occur on December 10 (or the first following weekday if December 10 falls on a weekend). Under the lottery, each applicant shall be randomly assigned a number consistent with the number of applicants. The four lowest numbers randomly selected shall be deemed the winning designees. Replacement designees will be selected as needed based on the numbers drawn in the lottery in the event a winning designee is disqualified for any reason following the lottery. The winning designees under the lottery shall be deemed the Township's licensees by the Township Council for the following two years beginning January 1 and shall be duly licensed, provided that the designees have met continue to meet all the requirements of this article and for licensure.
E.Â
In order to be considered for selection as a licensee, heavy tow
providers must meet the following eligibility criteria (in addition
to other requirements as set forth herein):
(1)Â
Guarantee a maximum 20 minutes' response time.
(2)Â
Be available on a seven-day-per-week, three-hundred-sixty-five-day-per-year
basis.
(3)Â
Provide, at the towing company's own expense, cellular telephone
communication with the Little Falls Police Department.
(4)Â
Have adequate storage space either in the Township or within a four-mile
radius of 225 Main Street, Little Falls, New Jersey, that shall:
(a)Â
Be fully enclosed with a fence (minimally capable of holding
six vehicles or 3,000 square feet) and secured from pilferage or damage
with surveillance cameras;
(b)Â
Permit the inside storage of at least two vehicles at any given
time;
(c)Â
Be adequately illuminated during hours of darkness; and
(d)Â
Be completely free of garbage, debris, automotive parts, or
other tripping hazards.
(5)Â
Provide for the reasonable cleanup of an accident scene which shall include sweeping glass from the roadway and the removal of other accident-related debris as described in N.J.S.A. 39:4-56.8. The cleanup fee as set forth in § 249-26 shall be divided equally among the towed vehicles involved in the collision. The debris shall not be placed into the towed vehicle.
(6)Â
Shall own a heavy-duty wrecker located within a four-mile radius
of 225 Main Street, Little Falls, New Jersey, with sufficient personnel
to be able to comply with the twenty-minute maximum response time
required by this article.
(7)Â
Provide a certificate of insurance from a financially stable insurance
carrier possessing an A.M. Best Company rating of not less than "A."
Said certificate of insurance must further evidence that the following
insurance coverage is valid and in effect for the specified contract
period:
(a)Â
Commercial automobile liability insurance in an amount not less
than $1,000,000 for bodily injury per person, $3,000,000 for bodily
injury per accident and $500,000 for property damage per accident.
(b)Â
Garage keeper's liability in an amount not less than $500,000
per claimant and $1,000,000 for more than one claimant.
(c)Â
Garage liability in an amount not less than $2,000,000 combined
single limit.
(d)Â
Comprehensive general liability insurance in an amount not less
than $2,000,000.
(e)Â
Excess or umbrella liability insurance in an amount not less
than $2,000,000.
(f)Â
Policies shall be endorsed to provide collision coverage for
vehicles in tow.
(g)Â
Workers' compensation insurance with the mandatory limits
of coverage required by New Jersey statute.
(h)Â
On all policies except workers' compensation, endorsements
naming the Township of Little Falls as an additional insured, and
further indicating that the insurance coverage shall not be canceled
or revised without a minimum of 30 days' prior written notice
to the Township.
A.Â
Every applicant for a license under this article shall complete,
sign and verify a written application, in duplicate, on forms furnished
by the Township Clerk.
B.Â
The application shall state:
(1)Â
Name and address of the applicant.
(2)Â
Residence address and full local address, if any, of the applicant.
(3)Â
Serial number and registration for each vehicle to be operated by
the applicant.
(4)Â
Location of storage area for wreckers and cars and the amount of
available space for storage of towed cars.
(5)Â
Policies or certificates of insurance coverage as herein provided.
(6)Â
Consent to appointment of the Township Clerk as the applicant's
true and lawful attorney for the purpose of acknowledging service
out of any court of competent jurisdiction to be served against the
applicant.
(7)Â
Agreement to be available for service on business premises a minimum
of 12 hours a day and to abide by the fees provided for by this article.
(8)Â
Names and addresses of two business references.
(9)Â
Sketch plan showing the location of the storage area, the number
of heavy vehicles that can be stored, and the total square footage
area of the outside secured storage area.
(10)Â
Proof of ownership or lease of the outside secured storage area.
(11)Â
Proof of ownership, lease or other written agreement demonstrating
availability of the vehicles which will be utilized to provides services
pursuant to this article.
(12)Â
Agreement to indemnify and hold the Township, its officers,
agents, and employees harmless from any and all liabilities, claims,
costs, penalties, fines, and attorney's fees rising out of the
towing, wrecking, storage and/or emergency services provided by the
tow vendor at the request of the Township pursuant to this article.
(13)Â
Full list of the names of all employees working at the towage
facility, including all drivers of towing vehicles.
(14)Â
Responses to any other reasonable inquiries required by the
Police Chief with regard to fitness as a licensee.
A.Â
The Township shall require an application fee of $500 payable to
the Township for processing of the license application. The application
fee is nonrefundable. This application fee is in addition to any other
fees required by this article.
B.Â
The Township shall require a license fee of $250 payable to the Township
for licensure. The license fee shall be due upon notice from the Police
Chief following the submission of satisfactory criminal history checks
and driving abstracts.
A.Â
The Township shall issue licenses to its licensees. Licenses shall
be valid for two years.
B.Â
Licenses are the property of the Township and may not under any circumstances
be assigned, leased, shared, transferred or sold to another person,
corporation or proprietorship.
C.Â
All prospective licensees and every towing company employee involved
in the towing or storage of towed vehicles, or who will have access
to towed vehicles, shall arrange for a fingerprint criminal history
check to be conducted by MorphoTrak (which is a private company under
contract with the New Jersey State Police) or such successor entity
which is designated by the New Jersey State Police, with the results
to be provided directly by MorphoTrak to the Township of Little Falls,
225 Main Street, Little Falls, NJ 07424, by completing MorphoTrak
Form D, which can be obtained from the New Jersey State Police or
online at http://www.nj.gov/njsp/info/pdf/092509_universformd.pdf.
D.Â
All prospective licensees and every towing company employee involved
in the towing of vehicles shall provide a certified driver history
record abstract from the New Jersey Motor Vehicle Commission to the
Little Falls Police Department.
E.Â
The Police Chief shall recommend the issuance of a license when he
finds that:
(1)Â
The public convenience and necessity require the proposed wrecker
service for which the application has been submitted.
(2)Â
The applicant and all its employees are fit and proper persons to
conduct or work in the proposed business.
(3)Â
The applicant's towing facility, proposed storage area, vehicles
and equipment area meet the Township's requirements.
(4)Â
The application submitted by the applicant complies with the requirements
of this article and all other applicable ordinances of the Township.
F.Â
No license shall issue to prospective licensees prior to the payment
of the licensing fee of $250.
G.Â
The Township shall issue license stickers to licensees to be applied
to all of its towing vehicles.
A.Â
The rotation of licensees shall be as follows, subject to modification
by the Police Chief or his designee:
(1)Â
Licensees shall be placed on a rotation list in alphabetical order
by business name. A licensee shall remain at the top of the list for
a period of two weeks, at the end of which the next alphabetically
listed licensee shall serve. The two-week rotation schedule shall
be implemented throughout the two-year license period. The rotating
schedule of licensees shall be posted at police headquarters. A licensee
that wishes to change its assigned rotation due to vacation or conflict
may do so with the consent of the Chief of Police or his designee.
(2)Â
In the event that a licensee refuses a call for service or is unable
to perform a call for service within the allotted twenty-minute ordinance
requirement, that towing company shall move to the bottom of the list
and the next licensee on the rotation list shall be called. A one-time
refusal or inability to service a call shall not affect the two-week
rotation schedule.
B.Â
The selection process described herein shall be operative where the
tow provider is summoned by the Little Falls Police Department.
A.Â
The Police Chief shall have the authority to suspend a licensee from
the heavy tow providers' rotational list for a period of up to
30 calendar days for failure to comply with any of the requirements
of this article. For a subsequent failure to comply with any of the
requirements of this article, the Police Chief may remove the licensee
from the rotational list for a twelve-month period.
B.Â
A licensee may appeal the suspension or removal from the heavy tow
providers' rotational list by filing a notice of appeal with
the Township Clerk within 10 business days of the Police Chief's
decision.
C.Â
A hearing shall be held by the Mayor and Township Council within
30 days of filing the appeal.
D.Â
The Mayor and Township Council shall render its determination within
20 days following the conclusion of the hearing. The Mayor and Township
Council's determination shall be final and conclusive.
Towing and storage rates are as set forth in Chapter 71, Fees. These rates are subject to modification by way of resolution of the Township Council and shall be on record with the Clerk of the Township.
B.Â
Storage fees shall not be charged on a Sunday and a holiday where
the licensee is unavailable to release the towed vehicle.
D.Â
All employees of licensees must wear reflective safety vests when
out of the tow truck as specified by current standards/statutes.
E.Â
Licensees are prohibited from cruising or showing up at scenes without
being called by the Police Department.
A.Â
Each licensee shall have the ability to provide recovery and winching
services. Recovery services are those services that require the recovery
of a heavy vehicle 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 by several actions that include, but are not limited to, winching
and rigging.
B.Â
Under no circumstances shall a winching or recovery fee be charged
because a heavy vehicle was dragged onto a flatbed tow vehicle.
A.Â
In any instance in which a motorist makes an inquiry of the Little Falls Police Department concerning heavy tow services, the Little Falls Police Department shall advise the motorist of the name and address of the scheduled licensee currently in rotation, and except as provided in § 249-19 hereof where the police shall have the right to summon a heavy tow service, the police officer shall advise the motorist that he may select any heavy tow provider of his own choice and at his own expense.
B.Â
If requested to remove a vehicle out of the lane of travel so that a motorist could utilize his/her own heavy tow provider, the maximum allowable charge shall be as set forth in Chapter 71, Fees, and the licensee shall tow the heavy vehicle to a safe location as determined by the on-scene police officer.
C.Â
In the event a tow is requested by a motorist through the Police
Department to a location outside of the Township from the scene subject
to the availability of the on-rotation licensee, the maximum rate
that can be charged is $3 per mile, in addition to the tow charge.
The Police Chief or his designee is hereby authorized to enforce
all provisions of this article in accordance with due process of law.
A.Â
All heavy-duty towing applicants shall i) have the ability to weigh
vehicles on their premises as may be required at the request of the
Little Falls Police Department or ii) have immediate access to scales
within a four-mile radius of 225 Main Street, Little Falls, which
meet the criteria delineated herein for this purpose.
B.Â
The scales shall be certified, annually, by the State of New Jersey
Office of Weights and Measures. A copy of the current certification
must be included in the application packet. It is the responsibility
of the applicant to ensure the most current certification is forwarded
to the Little Falls Police Chief on an annual basis.
A.Â
To perform heavy vehicle recovery of 12,000 pounds or more, the Township
requires that the licensee have on scene a recovery supervisor with
a Level 3 certification from the Towing and Recovery Association of
America (TRAA) or other nationally recognized certification.
B.Â
To perform heavy vehicle recovery under this section, the licensee
must:
(1)Â
Visually document the recovery scene through photos or videotape.
(2)Â
Prepare a written report of all procedures employed, actions taken,
equipment used and manpower requirements to complete the recovery
process in the safest manner and provide a copy to the heavy vehicle
owner with the statement for services.
(3)Â
Prepare an itemized billing invoice for all services rendered.
C.Â
If the licensee finds it necessary, due to the nature of the recovery,
to contract additional recovery services to supplement its equipment
and manpower recovery, the contracted service providers must work
under the supervision of the licensee. The licensee may not subcontract
the entire recovery. In the event that the licensee is unable to handle
the recovery, then the next heavy tow provider on the rotating list
shall be called.
Any person violating the provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter I, Article I, of the Township Code.