A.
Towing operators shall be placed on the list when applications are
approved. Once the initial list has been established, new towing operators,
when applications are approved, will be added to the list.
B.
The Township shall request towing and storage services from each
towing operator on the basis of a two-week tow period. If, during
this two-week tow period, the towing operator cannot respond in the
required time period, then the dispatcher will request service from
one of the other towing operators.
C.
All requests for service shall be made through the Cranford Police
Department.
D.
The Township shall request service only from towing operators; provided,
however, that if no emergency or road hazard exists, the Township
may request such service from such other person as the owner of the
motor vehicle in need of such services may request, and provided further
that, if none of the towing operators are available to provide such
services as are requested by the Township, or if an emergency exists,
the Township may request such services from any other available source.
E.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, towing operators shall give priority to requests from
the Township over any other requests which may be received by the
towing operators.
Applicants shall agree in writing to assume the defense of and
indemnify and hold harmless the Township of Cranford, its elected
and appointed officials, boards, commissions, officers, employees
and agents from all suits, actions, damages or claims to which the
Township may be subjected of any kind and nature whatsoever resulting
from, caused by, arising out of or as a consequence of towing, storage
and/or emergency services provided at the request of the Township
pursuant to this chapter. Towing operators shall enter into a hold
harmless agreement in a form to be prepared by the Township Attorney
prior to being included on the towing operator list.
A.
No person or entity shall be included on the towing operator list
unless and until such person has provided to the Chief of Police a
certificate or certificates of insurance evidencing that there is
in effect the following insurance coverage:
(1)
Automobile liability insurance in an amount not less than $1,000,000
combined single limit for bodily injury and property damage liability.
A certificate of such current insurance shall be provided to the Township
of Cranford, and the towing operator must obtain prior written approval
from the Township before any cancellation or major change may be made
in the policy.
(2)
Workers' compensation insurance insuring the obligation of the
towing operator under the New Jersey workers' compensation and occupational
disease laws as respects work performed under this contract as required
by law.
(3)
Garage keepers' liability insurance in an amount not less than
$1,000,000 for any one claimant and $2,000,000 for more than one claimant
with $1,000,000 coverage for property damage for any one event per
location.
(4)
General liability insurance shall be provided on a comprehensive
form with a combined single limit of $1,000,000 per occurrence for
bodily injury liability and property damage liability and shall protect
the interest of the Township of Cranford with respect to work emanating
from the contract with the Township of Cranford. This insurance shall
include the following:
B.
Policies of insurance shall contain endorsements to provide collision
coverage for vehicles in tow.
C.
Policies of insurance shall be written by insurance companies authorized
to do business in the State of New Jersey. Insurance companies shall
be acceptable to the Township and shall have at least an A+ rating
by a recognized rating service.
D.
The Township of Cranford shall be named as an additional insured
on all policies of insurance provided pursuant to this chapter. All
certificates of insurance shall provide that the policies may not
be canceled or terminated or coverage decreased without 30 days'
written notice to the Township.
E.
The Township of Cranford must be notified, in writing, of any cancellation,
revision or interruption relative to any of the insurance policies
required under this contract. Prior written approval of any such cancellation
must be given to the Township of Cranford.
F.
Failure to provide and continue such policies of insurance as required
by this chapter in full force and effect at all times shall be deemed
material breach of the towing operator's participation under
this chapter. In the event that any coverage is canceled, terminated,
interrupted or decreased in amount, the policy holder shall be immediately
removed from the list of towing operators until such time as the required
coverage is reinstated or replaced.
G.
Insurance coverage shall indemnify the Township of Cranford against
any loss due to injuries, accidents or damages of any character whatsoever,
where any such damage is the result of an act or omission of the towing
operator, its agents or employees, or due to the execution of the
work called for under the contract.
H.
The providing of any insurance required herein does not relieve the
towing operator of any of the responsibilities or obligations assumed
by the towing operator under this chapter or for which the towing
operator may be liable by law or otherwise.
A.
Fees for towing and storage of private passenger vehicles, damaged
in an accident or recovered after being stolen, may not exceed the
fees established by N.J.S.A. 40:48-2.49 and 40:48-2.50.[1]
B.
Fees for towing and storage of private passenger vehicles, other
than those damaged in an accident or recovered after being stolen,
may not exceed the fees set forth above.
C.
The fees set forth on the schedule for towing rates are the maximum
charges that shall apply to a private passenger automobile for basic
towing services. There shall be no additional charges other than those
provided herein, including but not limited to flatbedding, waiting
time, winching, cleanup costs and additional labor when only basic
towing services as defined are provided.
(1)
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.
(2)
Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
(3)
When towing services are required at the scene of an automobile accident,
the day rate shall apply when the time of accident is between 8:00
a.m. and 4:30 p.m., Monday through Friday, except New Jersey state
holidays. The night, weekend and holiday rate shall otherwise apply.
D.
The fees set forth on the schedule for storage fees are the maximum
storage charges per twenty-four-hour period that shall apply to a
private passenger automobile that is stored by a towing operator.
E.
All approved towing operators shall tow and store for up to a maximum
of seven days municipally owned motor vehicles at no charge.
A.
Copies of this chapter and the schedule of fees that may be charged
by towing operators shall be made available to the public during normal
business hours at the Cranford Municipal Building. Copies shall also
be made available to the public at each towing operator's place
of business.
B.
All towing operators shall post, in a prominent place at each storage
facility clearly visible to the public, a schedule of the fees that
may be charged for all services provided pursuant to this chapter.
C.
The Township reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all towing
operators.
D.
The relationship between each towing operator and the Township of
Cranford is one of an independent contractor. Neither party shall
be construed in any manner whatsoever to be an employee of the other,
nor shall any employee or agent furnished by any party be construed
to be an employee or agent of the other party. Inclusion on the towing
operator list shall not be construed or considered as a joint venture,
partnership, association, contract of employment or profit-sharing
agreement.
E.
The Township of Cranford shall not be responsible for compensating
a towing operator for any of the services performed under this chapter.
Compensation shall be the responsibility of the owner of the towed
motor vehicle, and the towing operator shall proceed directly against
the owner.
F.
The towing operator shall, at all times, be solely responsible for
the conduct of its employees.
G.
Each towing operator shall keep and maintain adequate and complete
records showing all vehicles towed, stored and released, all services
rendered and all fees charged and collected, which records must be
forwarded to the Cranford Police Department Traffic Bureau on a weekly
basis for examination and comparison. The towing operator shall record
all vehicles towed on Cranford Township police-approved invoices which
clearly state the name of the owner, vehicle make, model and identification
number along with all other pertinent information. The invoice shall
also clearly state all services performed and charges. Records shall
be kept and maintained by the towing operator at one central location
and shall be retained for a period of seven years. Records may be
written, printed or computerized as long as the requirements of this
subsection are met.[1]
H.
The towing operator must maintain an accurate inventory of all towed
vehicles stored in its storage facility. The Cranford Police Department
will periodically inspect and compare the impound storage list to
ensure accuracy. Discrepancies will be investigated by the Cranford
Police Department.
J.
The towing operator must maintain a record of all property found
anywhere in a towed vehicle, including the trunk and glove compartment,
if open, or key available, and shall be responsible to safeguard and
release contents to the owner.
K.
Authorized representatives of the Cranford Police Department or their
designees shall have access to any of the records required to be kept
by the towing operator.
L.
The towing operator, upon receiving a vehicle, shall immediately
contact the owner of the vehicle by telephone and in writing and within
one business day inform the owner of the following:
M.
The towing operator must maintain accurate records of owner notification(s)
and attempted notifications.
N.
The towing operator must not release any vehicle from a storage facility
unless a valid Cranford Police Department vehicle release form is
submitted to the towing operator.
O.
The towing operator must report any unusual or questionable attempts
to obtain a release of any vehicle from impound to the Cranford Police
Department. Questionable release documents must be verified by telephone
with the Cranford Police Department Records Bureau or office issuing
the document.
P.
The towing operator must follow the proper procedures and directions
of all applicable laws for the disposal of vehicles not retrieved
by the owner. Any vehicles which are not released according to proper
procedure shall be reported to the Cranford Police Department Traffic
Bureau and shall be identified in writing on the weekly report.[3]
Q.
The towing operator must provide towing, storage and basic mechanical
service on a twenty-four-hour, seven-day-a-week basis, including holidays,
and must have an employee on duty at all times with access to the
primary telephone system, fax machine and the base station of the
mobile radio system.
R.
The towing operator must handle removal of all abandoned and junk
vehicles as requested by the Cranford Police Department.
S.
The towing operator must have the capability of towing/removing abandoned
vehicles without wheels, locked (including steering) or any/all other
conditions.
T.
The towing operator must have the capability of towing/removing all
heavy equipment regardless of size and weight.
U.
The towing operator shall remove any vehicle which the Cranford Police
Department may lawfully direct it to do so and shall store the same
at its storage facilities until said vehicle is reclaimed by the lawful
owner or is otherwise disposed of according to law.
V.
The towing operator shall be responsible for any vehicle and the
contents thereof after receiving said vehicle in its custody and control
and shall reimburse the owner of such vehicle removed for any such
damage or loss sustained to any vehicle or its contents while said
vehicle is in the towing operator's custody and control.
W.
The towing operator shall not make any repairs to any vehicle towed
or removed as provided for hereunder without first receiving written
authorization of the owner thereof or its authorized agent.
X.
The towing operator shall use, at a minimum, the manufacturer's
suggested towing or removal method for removal of damaged or impounded
passenger cars or light vehicles, including pickup trucks, minivans,
motorcycles and vans, including but not limited to a hook, tow, dolly,
winch, sling, wheel lift, underreach or flatbed.
A.
No towing operator shall engage in cruising as defined in this chapter.
B.
No towing operator shall solicit or attempt to divert patrons of
another towing operator, whether or not licensed under this chapter,
nor shall a towing operator solicit or divert prospective patrons
of a given repair service to any other repair service, nor shall any
police officer designate or suggest any towing operator to perform
service.
C.
The Township Committee of the Township of Cranford hereby designates
the Cranford Township Police Department, generally, its specific designee
and the Police Chief, particularly, as the supervising authority to
enforce the provisions of this chapter as well as the rules and regulations
adopted hereunder with the ultimate authority vesting in the Township
Committee of the Township of Cranford.
D.
Prior to issuance of the initial license and license renewal, each
towing operator licensed under this chapter shall be inspected for
fitness by a representative of the Cranford Police Department and
shall appropriately complete a new application for each year.
E.
Each licensed towing operator at all times shall maintain and carry
the necessary equipment to remove disabled or locked vehicles or equipment
necessary to the operator to open vehicles to enable public safety
personnel to remove entrapped passengers.
F.
No towing operator licensed under this chapter shall respond to the
scene of an accident except upon notification by the Cranford Township
Police Department.
G.
Where no storage designation has been made by an owner or the police,
licensed towing operators are authorized to remove the vehicle to
the towing operator's storage facility.
H.
Where a vehicle is towed to premises controlled by the Police Department
for the purpose of utilizing the vehicle or its contents as evidence
or for other purposes, such vehicle shall not be released from police
custody unless the owner of the vehicle furnishes a release form issued
by the Cranford Police Department.
I.
In all cases where cars are to be towed for illegal parking summonses,
such summonses shall be issued prior to towing.
J.
No towing operator operating under the license issued hereunder shall
employ, directly or indirectly, any sworn officers of the Cranford
Police Department.
K.
The Cranford Police Department shall maintain a log record of calls
to licensed towing operators under this chapter. Said record shall
be available for inspection by any licensed towing operator upon reasonable
notice. Additionally, the Cranford Township Police Department shall
maintain records of fees charged to towed vehicle owners. Such fees
shall be kept as records by the Cranford Township Police Department,
and then all such records shall be forwarded to the Department of
Transportation not less than semiannually, which latter records may
be inspected by the towing operators or the public generally.[1]
L.
Such additional rules and regulations as may be promulgated by the
Township Committee of the Township of Cranford pursuant to this chapter
shall take effect after notification of such rules and regulations
upon all the holders of licenses as towing operators. Service shall
be made by forwarding these rules and regulations by certified mail,
return receipt requested, to the licensee at the address listed in
its most recent application. The towing operator shall be given a
reasonable opportunity to be heard on such changes.
M.
The failure on the part of the towing operator to comply with any
of these specifications is just cause for revocation of the license.
The Township may revoke the license if the towing operator has submitted
fraudulent or inaccurate information or has violated any New Jersey
Department of Insurance rules or regulations.
The Township Committee of the Township of Cranford shall have
the right to suspend or revoke any license issued under this chapter
for good cause, upon written complaint of the Chief of Police following
his determination that there is probable cause for revocation or suspension
based upon violation of this chapter as follows:
A.
In the event that a complaint is received by the Township involving
the improper or unsatisfactory performance of services by a towing
operator, excessive charges or damage to a motor vehicle while in
the custody of the towing operator, or any other alleged violation,
written notice of the same shall be provided by the Chief of Police
to the towing operator involved, who shall have the opportunity to
respond, in writing, within five days.
B.
Within 14 days of receipt of the towing operator's response,
or within 21 days of the receipt of the complaint, if no response
is received, the matter shall be presented by the Chief of Police
to the Township Committee.
C.
The Township Committee shall consider the matter at a regular public
meeting and may request that the complainant and the towing operator
involved appear and give testimony regarding the complaint.
D.
If, after considering the matter, the Township Committee shall determine that one of the causes for revocation of the towing operator's license, as set forth in § 393-5C, exists, the license shall be revoked, and the towing operator shall surrender the same to the Chief of Police within one day.
E.
Failure to surrender the license upon revocation shall constitute
a violation of this chapter.
F.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against a towing operator in a court of competent
jurisdiction.
No controlling interest in a license issued pursuant to this
chapter shall be assigned, transferred or sold, except on specific
approval of the Township Committee of the Township of Cranford, and,
upon cessation of activity or authority under the license through
revocation or otherwise, the license shall be determined null and
void. In no event shall any such license be posted as collateral.
At the time of application for said license, the towing operator shall
complete and submit, on Township forms, a statement of ownership.
Any controlling interest transfer of ownership in a licensee's
business, be it actual transfer or stock ownership, without Township
approval shall render the license void. In the event of sale or transfer,
the new applicant, if any, shall make a new application and pay fees
and be approved by the Township of Cranford, New Jersey.
[Amended 10-24-2017 by Ord. No. 2017-12]
A.
The following rates are applicable within the
purpose and intent of this chapter:
[Amended 11-12-2019 by Ord. No. 2019-13]
|
Service
|
Rate
|
|---|---|
|
Towing charge
| |
|
Category I (all vehicles up to 10,000 pounds GVW)
|
$150
|
|
Category II (all vehicles 10,001 to 16,000 pounds GVW)
|
$250
|
|
Category III (all vehicles 16,001 pounds and over GVW)
|
$500
|
|
Winching cable (to be used only when vehicle has left the roadway)
|
$350 per 1/2 hour
|
|
Recovery-winching heavy-duty (16,001 GVW and above), per hour
|
$600
|
|
Inside storage
| |
|
Category I (above)
|
$90 per day
|
|
Category II (above)
|
$180 per day
|
|
Category III (above)
|
$250 per day
|
|
Outside storage
| |
|
Category I (above)
|
$45 per day
|
|
Category II (above)
|
$90 per day
|
|
Category III (above)
|
$125 per day
|
|
Jump starts
|
$125 per hour
|
|
Tire changes
|
$125 per hour
|
|
Lockouts
|
$125 per hour
|
B.
The towing operator must only charge the rates set forth in this
contract and in conformity with these provisions. No other charges
or fees are permitted.
C.
The towing operator must provide a current and complete rate schedule
to all customers and must conspicuously display the rate schedule
at all storage facilities.
D.
The towing operator must tow the motor vehicle from the location
of the police request to the towing operator's storage facilities.
This shall constitute a single tow rate.
E.
The towing operator is expressly prohibited from charging the owner
of the vehicle for towing the vehicle from the original storage facility
to another storage facility affiliated with the towing operator.
F.
The towing operator is prohibited from charging a release fee for
releasing vehicles after normal business hours.
G.
The towing operator must accept Visa and MasterCard credit cards
and major auto club membership cards 24 hours a day, every day of
the year.
H.
The towing operator must not charge the owner any additional fees
for pulling the vehicle onto the flatbed truck. Winching fees are
only permitted to pull the vehicle back onto the roadway and put the
vehicle in proper position to hook the vehicle to the tow truck.
I.
Mileage fees are not permitted. Additionally, no other fees or charges
are permitted except as set forth above. In the event of an extraordinary
circumstance which would invoke undue hardship to the towing operator,
the Cranford Police Department Traffic Bureau must be notified at
(908) 272-2222 to obtain written approval before the imposition of
any assessment.
The Police Department of the Township of Cranford shall provide
towing operators with the New Jersey Motor Vehicle Commission information
regarding registered owners and lienholders of towed vehicles, upon
request. This information given shall be in conformance with N.J.S.A.
39:1-1 et seq. and shall not in any way violate the confidentiality
that is reposed in the Police Department.
Upon the adoption of this chapter, the Clerk of the Township
of Cranford shall give 30 days' public notice of the receipt
of the license application pursuant to this chapter. Public notice
shall be given by publication in an appropriate newspaper circulated
within the Township of Cranford. All towing operators, consistent
with this chapter, who meet the requirements established by this chapter
shall be eligible for the issuance of a license upon payment of the
required fees.
The license-issuing authority shall be the Township of Cranford.
[Added 11-26-2013 by Ord.
No. 2013-22]
A.
It shall be unlawful to immobilize, by use of any wheel lock device
("boot") or other method, a vehicle that is parked on private property,
whether for an unauthorized or authorized purpose, without the permission
of the owner, lessee or agent of the motor vehicle.
B.
The prohibition shall not apply to the Township of Cranford or any
unit of local government.
C.
A violation of this provision shall subject such violator, upon issuance
of a summons and conviction in Municipal Court and at the Court's
discretion, to a fine not exceeding $2,000, or imprisonment for a
period not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof.
