[G.O. No. 1576, § I]
The purpose of this chapter is to provide standards, regulations
and rates for police requested and non-preference vehicle towing and
storage services. The said services shall be provided under the supervision
of the Police Department of the Town of Westfield.
[G.O. No. 1576, § I; G.O. No. 1818, § II]
As used in this chapter, the following terms shall have the
meanings indicated.
(a)
AUTHORIZED TOWING OPERATOR — A towing operator
who has applied to the Chief of Police and is authorized to do police
required towing for the Westfield Police Department.
(b)
AUTOMOBILE/VEHICLE — A passenger or station wagon
type automobile owned or hired, and a motor vehicle with a pickup
body, or delivery sedan, a van, or a panel truck or a camper type
vehicle used for recreational purposes owned or hired.
(c)
BASIC TOWING SERVICE — The removal and transportation
of an automobile from a highway, street or other public or private
road, or a parking area, or from a storage facility, and any 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. Basic towing service shall include vehicles involved in a
motor vehicle accident, recovered stolen vehicles, impounded vehicles,
abandoned vehicles, disabled vehicles and any other vehicle the police
request be towed.
(d)
CRUISING — The operation of an unengaged tow
truck along the public streets in any fashion intended likely or calculated
to solicit business.
(e)
DAY RATE — Hours from 8:00 a.m. to 6:00 p.m.
(f)
INSIDE BUILDING — A vehicle storage facility
that is completely indoors, having one or more openings in the walls
for storage and removal of vehicles that is secured by a locking device
on each opening.
(g)
LABOR — 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. Unreasonable delays
at the scene (waiting time) caused by the owner, driver or police
shall also be considered labor.
(h)
MOTOR VEHICLE ACCIDENT — An occurrence in which
an automobile comes in contact with any other object for which the
automobile must be towed or removed for placement in a storage facility.
This includes all situations which are accidental as to the owner
or operator even if they were caused by the intentional acts of a
perpetrator such as vandalism or fire.
(i)
OUTSIDE SECURED — An automobile storage facility
that is not indoors and is secured by a fence, wall or other man-made
barrier that is at least six feet high and is equipped with a passive
alarm system or a similar on-site security measure. The facility is
to be lighted at night.
(j)
OUTSIDE UNSECURED — An automobile storage facility
that is not indoors and is not secured by a fence, wall or other manmade
barrier, and all other storage facilities not defined above as "inside
building" or "outside secured".
(k)
OWNER — A person, firm, corporation or other
entity who owns, leases and/or operates, parks or abandons a vehicle
on the roads and highways within the Town of Westfield, which vehicle
by reason of being disabled or being unlawfully upon said roads requires
towing services.
(l)
STORAGE CHARGE — The maximum allowable amount
to be charged by a storage facility for a twenty-four-hour period
or fraction thereof. A new twenty-four-hour period begins at 12:01
a.m. Storage charges shall commence 24 hours after the vehicle was
towed.
(m)
TOWING OPERATOR — A person, firm, corporation
or other entity engaged in the business of providing tow truck services
and storage services for vehicles towed, which services are made available
to the general public.
(n)
TOW VEHICLE (TOW TRUCK) — Those vehicles equipped
with a boom or booms, winches, slings, tilt beds, wheel lifts or underreach
equipment specifically designed by its manufacturer for the removal
or transport of automobiles.
(o)
TOW VEHICLES BASE OF SERVICE — Towing operator's
principal place of business where the tow vehicle is stationed when
not in use.
(p)
Authorized Tow Operators must accept all forms of payment
including credit cards, checks and any other legal form of payment.
(q)
Upon the request of the Chief of Police or his designee,
Authorized Tow Operators shall produce copies of towing invoices for
any and/or all Authorized Police Tows.
[G.O. No. 1576, § I]
(a)
Equipment requirements. No towing operator shall tow
for the Westfield Police Department who does not own, lease or obtain,
for utilization in his or its business, the following equipment. Such
equipment shall be inspected by the Chief of Police or his authorized
representative.
(1)
One heavy duty wrecker.
(2)
One flat bed.
(3)
Equipment available to remove disabled or abandoned
motor vehicles, motorcycles and mopeds with or without wheels and
totally inoperable motor vehicles, motorcycles and mopeds.
(4)
Safety equipment to be carried on all trucks shall
include universal towing sling; except flatbeds, hooks and chains;
one snatch block for three-eighths to one-half inch cable; two high-test
safety chains; auxiliary safety light kit to place on rear of towed
vehicle; four-lamp or three-lamp revolving amber light or lamp bars;
toolbox with assortment of hand tools; rear working lights and rear
marker lights; cab lights; body-clearing lights located to clear towed
vehicle; blocking choke for wrecker while working; safety cones; shovel;
broom; steering wheel lock or tie down; two-way radio communication
system; service availability on a twenty-four hour seven day a week
basis.
(5)
All tow trucks must be properly registered, insured
and inspected pursuant to laws of the State of New Jersey. Automobile
liability insurance in the amount of not less than $1,000,000 for
any one claimant and $2,000,000 for more than one claimant and $1,000,000
coverage for property damage for any one event with such policies
endorsed to provide collision coverage for vehicles in tow and naming
the Town of Westfield as an additional insured.
(6)
All tow trucks must be properly lettered on both
sides as provided by law.
(7)
All tow trucks will be maintained and operated in
accordance with all existing traffic regulations, and in a safe and
prudent manner.
(8)
Towing operators and/or drivers will request police
assistance during the course of servicing, when they find it necessary
to turn around, back-up, tow in the opposite direction, etc. if any
of the above maneuvers would constitute a hazard to the motoring public.
(9)
All towing operators shall provide proof of workers
compensation insurance as required by statute.
(10)
All towing operators shall have garage keepers liability
insurance coverage in an amount not less than $60,000 per location
and not less than $1,000,000 combined single limit naming the Town
of Westfield as an additional insured.
(11)
Towing operators insurance coverage as aforesaid
shall be by insurance carriers authorized to do business in the State
of New Jersey and shall include a provision requiring notification
regarding any policy cancellation, revision or interruption of coverages.
(b)
Other facilities. Each towing operator shall tow and
store impounded vehicles involved in criminal matters to the Department
of Public Works Building located at 959 North Avenue, West, Westfield,
New Jersey.
(c)
General area. The towing operator shall provide an
outside secured storage yard, fenced and secured, and large enough
to accommodate at least 10 automobiles.
(d)
General standards.
(1)
The storage facilities shall have proper sign identification
in a prominent location on the fencing of the storage area adjacent
to the entry gate and in the principal office of the towing operator
where the general public is admitted, showing the hours when the automobile
may be released, such hours to be subject to the approval of the Chief
of Police, with a minimum of 10 hours per day, and six days a week,
excluding Sundays and holidays, as well as the schedule of fees for
towing and daily storage rates. A business card will be supplied by
the towing operator to the owner or driver at the scene stating business
address and hours.
(2)
All towing operators and their drivers shall be fully
trained and knowledgeable in the operation of required equipment.
(3)
All drivers will relay information as soon as possible
to the police on all crimes, disabled vehicles, accidents, disasters,
etc.
(4)
Towing operator employees who drive vehicles on the
Town roads or highways traversing said Town, must have a proper valid
New Jersey drivers license, they shall be of good moral character,
mentally alert, and present a neat appearance at all times. Disqualification
shall occur for any towing operator or employee who has been convicted
of a crime unless said criminal conviction is waived by the Chief
of Police for cause. Application for consideration as a towing operator
means such towing operator and his employees have consented to a background
criminal check by the Westfield Police Department and a satisfactory
Better Business Service Bureau report. Any false or misleading information
that is presented on any application shall result in immediate disqualification
of the towing operator.
(5)
The towing operator on duty must have any and all
equipment which may be required to be available and ready to respond
to a call within 15 minutes. The Chief of Police shall be the sole
arbitrator as to compliance with the required response times.
(6)
It shall be the obligation of the towing operator
to immediately notify the police in the event that said towing operator
is wholly or partially not operational due to mechanical failure or
personnel insufficiency. Upon such notification the police may use
another police towing operator who is authorized by the Chief of Police.
(7)
Towing operators will not respond to or stop at any
accident scene unless directed by the police, unless it is to notify
the police of an emergency. This stop shall not give tower a right
to tow without police permission.
(8)
Towing operators will be responsible for all vehicles
and contents in their custody, that was towed off the roadway under
the direction of the police.
(9)
Towing operators will notify the police on a weekly
basis if they are in custody of any unclaimed automobiles.
(10)
Towing operators will cooperate with other operators
in the case of emergency services at the scene of accidents and/or
disasters.
(11)
No vehicle will be removed from the Town roads or
highways traversing said Town without proper authorization from the
police at the scene, or owner as the case may be.
(12)
All vehicles impounded or confiscated, will not
be released without proper authorization from the Police Department.
(13)
All disputes between towing operators and the public
at the scene and/or owners will be reported to the Chief of Police,
or his designee, who will act as a mediator and attempt to resolve
their differences in a civil and lawful manner. No driver or a towing
operator will create a disturbance on the highway, nor will any police
officer or desk officer be called to referee any disagreement.
(14)
The police officer investigating the incident is
in complete charge of the incident scene, and all towing operators
and their employees shall comply with the officer's instructions.
(15)
The police shall in no way be liable to towing operators
for any services whatsoever, which may be rendered to motor vehicles,
and the towing operator will look to the driver or last registered
owner of such vehicles for compensation.
(16)
All towing operators, to the degree possible, shall
be located in the Town of Westfield or other municipalities with a
distance of two miles thereof in order to ensure response within 15
minutes to calls, as needed.
(17)
In the event that the owner or operator of an automobile
requests the services of a particular towing operator, whether or
not such operator is an authorized police towing operator, or whether
or not the towing operator is scheduled to respond to the call, the
police shall give preference to the towing operator selected by the
owner under the following conditions: (a) the vehicle is not a hazard
or in a hazardous position, which can be determined by the police
and/or fire officer in charge at the scene; (b) the vehicle does not
disrupt the flow of normal traffic and can be removed within a reasonable
amount of time determined by the officer in charge at the scene.
(18)
All fees for towing and/or storage hereunder shall be paid for and collected from the owner operator or other person responsible for the towed automobile by the towing operator. Except as provided for herein in Section 19A-5(k) the Town of Westfield shall not have any financial responsibility for any towed automobile.
(19)
Towing operators shall provide proof of ownership
or lease of all storage facilities and shall provide proof that such
facilities are legally zoned for storage use.
[G.O. No. 1576, § I]
In order to assure provision of safe and efficient towing service
which shall constitute licensing by the Westfield Police Department,
all qualified operators pursuant to this Chapter, with the approval
of the Chief of Police, shall be allowed to tow for the Westfield
Police Department as follows:
(a)
Each towing operator shall be placed on a rotational
list as complied by the Chief of Police of the Town of Westfield.
Such towing operators shall be called upon to respond to the needs
of the Police Department of the Town of Westfield on a daily rotational
basis, except as provided herein.
[G.O. No. 1576, § I]
(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, 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)
No flashing lights or siren shall be used by a towing
operator except as granted by the Chief of Police in and/or under
the provision of N.J.S.A. 39:3-1 et seq.
(d)
The governing body hereby designates the Police Department
generally, its specific designee and the Chief of Police particularly,
as the supervising authority to enforce the provisions of this chapter
as well as the rules and regulations adopted hereunder the ultimate
authority vesting in the Town Council of the Town of Westfield.
(e)
Prior to the end of the year in the month of December,
each towing operator authorized to tow for the Police Department shall
be inspected for fitness hereunder by a representative of the Police
Department.
(f)
Each towing operator on duty shall maintain and carry
the necessary equipment to remove disabled or locked automobiles,
or equipment necessary to operate or open automobiles to enable public
safety personnel to remove entrapped passengers.
(g)
Each towing operator, prior to departure from the scene
of towing services, shall clean and clear the streets of any customary
debris resulting from any accident at such scene and shall at all
times carry the necessary equipment to perform such cleaning services.
(h)
Refusal to tow at the scene of the incident shall be
reported by the police officer assigned to the incident to his supervisor.
The supervisor shall respond to the scene and if unable to correct
the situation will file a written report with the Chief of Police.
(i)
Towing operators shall arrive at the scene to which
dispatched within a reasonable time after being dispatched. Under
normal circumstances, such reasonable time limit is defined as within
15 minutes. The Police Department shall reserve the right to obtain
the services of another authorized towing operator required for failure
to respond in the required time, equipment or failure to meet the
provisions of said chapter.
(j)
Where no storage designation by an owner or police
has been made, authorized towing operators are authorized to remove
the automobile to the towing operator's outside secured area.
(k)
Where automobiles are towed to premises controlled
by the Police Department for the purpose of utilizing the vehicles
or its contents as evidence, or for other purposes, such vehicle shall
not be released from police custody without prior written consent
of the Police Department and shall not be released unless the owner
of the vehicle furnishes the Police Department with a receipt that
towing service fees have been paid.
When, in fact, an automobile is released by police without the
proper receipt, the towing operator shall first make every reasonable
effort to collect its towing fee from the automobile owner or operator
and if no payment has been made after proof or reasonable effort,
the Town of Westfield shall be responsible for said charges but may
pursue its remedy against said owner, driver or other person responsible.
(l)
No authorized police towing operator shall employ,
directly or indirectly, any sworn officers of the Town of Westfield.
(m)
The towing contractor shall be solely responsible for
all acts of omissions of its employees and shall indemnify and hold
the Town of Westfield harmless in connection with same. All such employees
shall be deemed not to be employed by or represent the Town of Westfield.
(n)
Such additional rules and regulations as may be promulgated
by the Town Council pursuant to this chapter shall take effect after
notification of such rules and regulations upon all authorized police
towing operators. Service shall be made by hand delivering to the
authorized towing operator or his designee.
[G.O. No. 1576, § I]
The Chief of Police shall have the right to suspend any towing
operator authorized to do police towing under this chapter for good
cause upon written complaint of the Administrative Captain of the
Town of Westfield Police Department following his determination that
there is probable cause for suspension based upon violation of this
chapter. Written notice of such complaint and the basis of the complaint
shall be given to the towing operator, and said towing operator shall
be entitled to a hearing before the Chief of Police decides there
shall have been violations he may then suspend said towing operator.
In addition to any suspensions, if a violation of N.J.A.C. 11:3-38
et seq. has occurred, the Westfield Police Department will notify
the New Jersey Department of Insurance of Violation.
[G.O. No. 1576, § I; G.O. No. 1706, § I;
G.O. No. 1818, § I]
The rates charged for basic towing services, storage and labor
shall be in accordance with the schedule established herein and shall
be kept on file in the Police Department and shall be available for
inspection by the public.
|
Towing:
| ||
|---|---|---|
|
Class I vehicles passenger and commercial up to 6,999 lbs.
|
Weekdays 8:00 a.m. to 6:00 p.m. using a conventional wrecker
|
$55
|
|
Weekends and holidays 6:00 p.m. to 8:00 a.m. using a conventional
wrecker
|
$65
| |
|
Flatbed truck, all hours
|
$75
| |
|
No mileage charge for Class I or II vehicles if the vehicle
is towed to a location within the Town of Westfield or back to the
duty tow's yard, regardless of location
| ||
|
Vehicles towed to locations other than above
|
$3 per mile or fraction thereof from pickup point
| |
|
Fees for towing Police Department vehicles shall not exceed
|
$35
| |
|
Commercial vehicles Class II, 7,000 to 14,999 lbs.
|
$90
| |
|
Commercial vehicles Class III, 15,000 lbs. and up
|
$225 per hour
| |
|
Trucks and trailers
|
No mileage charge
| |
|
Vehicle classification will be determined by the registered
gross weight
| ||
|
Road Service Charge: (All hours)
| ||
|
Out of fuel (plus charge for fuel)
|
$35
| |
|
Battery jump
|
$35
| |
|
Changing of flat tire
|
$35
| |
|
Separation charge
|
$50
| |
|
Drop drive shaft
|
$50
| |
|
Release air brake
|
$35
| |
|
Storage: (Commencing 24 hours after the vehicle
was towed)
| ||
|
Class I vehicles per day
|
$20
| |
|
Class II vehicles per day
|
$25
| |
|
Class III vehicles per day
|
$35
| |
|
Inside storage
|
Add $5 per day
| |
|
Miscellaneous:
| ||
|
Waiting time at scene (per minute) commencing 15 minutes after
arrival on scene
|
$1
| |
|
Winching service, up to 50 feet
|
$50
| |
|
In excess of 50 feet (per foot)
|
$1.50
| |
|
Rollover charges (to bring a vehicle back onto its wheels)
|
$75
| |
|
Administration fees for "paper work" or "yard charges" relating
to the retrieval of a motor vehicle in storage are prohibited
|
—
| |
|
No towing operators shall charge an additional fee when a towed
vehicle is being picked up by an owner/driver or other tow operator
or for services such as moving motor vehicles to get to the vehicle
in question, towing from the operators property to the street and
other such towing operations.
|
[G.O. No. 1576, § I]
These requirements shall not apply to the towing of heavy vehicles
which require special equipment. The police shall use the tow service
of those operators who have the equipment to handle a heavy tow when
there is a requirement for such tow.
