As used in this chapter, the following terms shall have the
meanings indicated:
BASIC TOWING SERVICE
The removal and transportation of an automobile or solid
debris resulting from an accident, motor vehicle crash, or otherwise
from a highway, street or other public or private road, or a parking
area, or from a storage facility, and other services normally incident
thereto, but does not include recovery of an automobile from a position
beyond the right-of-way or berm, or from being impaled upon any other
object within the right-of-way or berm.
COMMERCIAL VEHICLE
A motor vehicle of any type used in the conduct of any business
of professional conveyance, or used as a public or livery means, for
the paid conveyance of passengers.
INSIDE BUILDING
A vehicle storage facility that is completely indoors, having
one or more openings in the wall, for storage and removal of vehicles
and that is secured by a locking device on each opening.
MOTOR VEHICLE CRASH
An occurrence in which a motor vehicle of any type comes
into contact with any other object for which the private passenger
automobile must be towed or removed for the placement in a storage
facility. This includes all situations which are accidental as to
the owner or operator of the motor vehicle even if they were caused
by the intentional acts of a perpetrator where the perpetrator was
not the owner of the motor vehicle.
OFFICIAL TOWERS
Entities which:
A.
Own or operate tow vehicles; and
B.
Have been designated as official towers pursuant to this chapter.
OUTSIDE SECURED
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier. The facility is
to be lighted at night.
OUTSIDE UNSECURED
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as "inside building" or "outside
secured."
PASSENGER VEHICLE
A motor vehicle of a private passenger or station wagon type
that is owned or leased and is neither used as a public or livery
conveyance for passengers nor rented to others with a driver; and
a motor vehicle with a pickup body, or delivery sedan, a van, a sport
utility vehicle (SUV), or a panel truck or a camper-type vehicle used
for recreational purposes owned by an individual not used in the occupation,
profession, or business of the owner(s).
STORAGE CHARGES FOR CALENDAR DAY
The maximum allowable amount to be charged by a storage facility
for a calendar day or portion thereof. A new calendar day begins at
12:01 a.m.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
No license shall be issued to any applicant whose business is
owned in whole or in part by any member of the Police Department or
any other City official or employee, or in whose business any member
of the Police Department or any other City official or employee is
employed or has any interest of any kind, or from whose business any
member of the Police Department or any other City official or employee
receives any financial benefit of any kind, directly or indirectly.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A. Minimum requirements.
(1) Every official tower shall maintain and have available to render
services required by this chapter a minimum of one regular tow vehicle
and one flatbed vehicle.
(2) Vehicle classes.
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a tow sling or wheel lift assembly with a
cable attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate transporting of
vehicles.
B. Minimum equipment requirements.
(1) Every tow or flatbed vehicle shall be properly licensed and registered
with the New Jersey Division of Motor Vehicles. All vehicles shall
display New Jersey commercial license plates. If required, vehicles
shall have a valid inspection certificate.
(2) Every tow vehicle or flatbed vehicle shall be equipped, at a minimum,
with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours. The size and locations of these lights must conform to the
New Jersey Division of Motor Vehicle standards.
(b)
Safety tow lights or magnetic tow lights affixed on tow vehicles
at night, red colored, when other lights not available.
(c)
Extra chains and cable for pulling or securing a towed vehicle.
(d)
At least one heavy-duty broom, a shovel, a crowbar or prybar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of a motor vehicle crash or behind
a disabled vehicle, and a sufficient quantity and types of tools to
enable the tow vehicle operator to perform proper and adequate emergency
repair services for the tow.
(3) Every tow or flatbed vehicle shall be in compliance with any and
all applicable state, federal and local laws, regulations and ordinances
pertaining to safety, lighting and towing equipment requirements,
and shall be subject to inspection by the Chief of Police or his designee
at any time. No structural or other change may be made to an inspected
vehicle or equipment unless prior written approval is obtained from
the City.
(4) Every tow or flatbed vehicle employed by the official tower pursuant
to this chapter shall display the official tower license and shall
have the name of the official tower displayed on the vehicle in such
manner and of such lettering as conforms to the provisions of N.J.S.A.
39:4-46.
C. Minimum personnel requirements. All persons employed by the official
towers to provide services required by this chapter shall meet the
following requirements and be subject to the following regulations.
They shall:
(1) Have a valid New Jersey auto driver's license or commercial
driver's license (where required) having no restrictions or conditional
endorsements other than a condition requiring the wearing of eyeglasses.
(2) Be mentally alert at all times.
(3) Obey all traffic laws, regulations and City ordinances.
(4) Be subject to interview, and be approved, by the Chief of Police
of the City prior to rendering any services pursuant to this chapter.
(5) Not have been convicted of a criminal offense; further not having
the driving privilege suspended or revoked within the last year.
D. Minimum storage requirements.
(1) Every official tower shall maintain an inside building or outside
secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing a minimum of 25
medium-sized vehicles. All impounded vehicles shall be held in a secure
area, located either inside or outside in the secured storage area.
Additionally, the official tower must have access to a secure indoor
storage facility capable of storing a minimum of one vehicle at the
request of the Police Department. Notwithstanding the 25 minimum storage
requirement, adequate storage must be provided and under no circumstances
shall vehicles be stored on public street or any location where storage
is not permitted.
[Amended 12-18-2018 by Ord. No.
18-17]
(b)
The location of both the primary storage area and the tow company's
base of service shall be within the geographic limits of the City.
(c)
The storage area shall be fully enclosed by a six-foot-high
privacy and sturdy fence with at least one lockable gate for ingress
and egress and shall be lighted from dusk to dawn in order to guarantee
the safe storage of all vehicles. The fence shall otherwise meet the
requirements of the City ordinance governing fences.
(d)
The storage facility shall be available to the official tower
24 hours a day, 365 days per year, and shall be open to the public
on weekdays during normal business hours and for limited hours on
weekends. The minimum hours for recovery of released vehicles shall
be from 8:00 a.m. to 6:00 p.m. on weekdays, and from 8:00 a.m. to
12:00 noon on Saturdays. Recovery of vehicles on holidays, Sundays
or weekday and Saturday hours beyond those specified above may be
subject to arrangement by the vehicle owner and official tower. Vehicle
recovery hours shall be posted in a conspicuous location visible to
the public.
(e)
The official tower shall not charge an additional release fee
or make any other charge for releasing a vehicle to its owner after
normal business hours or on weekends.
(2) The official tower shall be responsible for ensuring the proper and
safe storage of all vehicles towed pursuant to this chapter. The official
tower shall be liable for any damage incurred by such vehicles while
in transit to or while in the storage areas.
(3) The official tower is prohibited from piling of vehicles or parking
on public streets or sidewalks.
No license shall be issued hereunder unless storage and business
premises comply in all respects with the provisions of the Zoning
Ordinance, property maintenance code, and all other applicable ordinances
or codes of the City of Englewood pertaining to the use or condition
of such premises and unless the City Clerk is satisfied that the said
storage premises have sufficient capacity to store such vehicles in
conformity with the provisions of the zoning ordinance, property maintenance
code, and other applicable ordinances and codes and all applicable
provisions of this chapter.
To qualify as an official tower and to maintain the official
tower's license, all applicants and official towers shall agree
in writing to assume the complete legal defense costs (including attorneys'
and all other experts' fees, costs and the reasonable disbursements)
of the City in any mediation, arbitration or action of any kind (including
all appeals), and to fully and completely indemnify and hold harmless
the City, the City's elected officials, boards, commissions,
officers, employees and agents from any and all suits, actions, damages,
claims, liabilities, expenses, losses, or judgments, of any kind and
of any nature whatsoever, asserted against the City resulting from,
caused by, arising out of or incurred as a consequence of the official
tower's provision of towing, wrecking, storage and/or emergency
services, including any and all ancillary or related services, provided
at the request of the City pursuant to this chapter.
No license issued hereunder shall be transferred or assigned
nor shall the location designated by a licensee as the place to which
disabled vehicles shall be removed, nor the office required to be
maintained by the licensee, be changed without the consent of the
City Clerk who, in acting on any such request for a transfer, assignment
or change of location of offices, shall insure that any such action
shall not impair the ability of the licensee to comply with all provisions
of this chapter.
Within a calendar year, any official tower who violates any
of the provisions of this chapter shall, upon revocation, be punished
in accordance with the following schedule:
A. First offense: Maximum fine of $250 and maximum thirty-day suspension.
B. Second offense: Maximum fine of $500 and maximum sixty-day suspension.
C. Third offense: Maximum fine of $750 and removal from the official
tow list for 12 months from the conviction date.