As used in this chapter, the following terms shall have the
meanings indicated:
CITY
City of Orange Township.
CRUISING
The operation of a tow truck in a township street to solicit
vehicle towing or storage business, except in response to a police
request.
LICENSEE
A towing operator having a license granted by the township
pursuant to the provisions of this chapter.
OWNER
An individual or entity who or which owns or leases and/or
operates, parks or abandons a vehicle within the township.
POLICE
The police of the city or of any other jurisdiction having
authority in the subject matter.
TOWING OPERATOR
An individual or entity engaged in the business or providing
towing services and storage services.
TOWING SERVICES
The on-site vehicle repair and/or towing service rendered
by a towing operator.
VEHICLE
Any powered or nonpowered object operated, or intended to
be operated, in a township street.
The licensee shall have in effect, prior to application and
at all times during the terms of the license, the following insurance:
A. Garagekeeper's liability policy in the amount of seven hundred
fifty thousand dollars ($750,000.) for any one (1) claimant and one
million dollars ($1,000,000.) for more than one (1) claimant, with
five hundred thousand dollars ($500,000.) coverage for property damage
for any one (1) event.
B. Liability insurance issued by a financially sound insurance corporation
of or authorized to transact business in the state insuring the licensee
and every tow truck operator against liability imposed by law for
damages because of bodily injury, including death, sustained by any
person and injury to or destruction of property, including the loss
of use thereof, caused by accident and arising out of the ownership,
maintenance or use of the tow trucks of the licensee and from the
licensee's towing and storage of vehicles. The amount of the
limits of liability coverage to be afforded by such policy shall be
one million dollars ($1,000,000.) for bodily injuries in each accident
(combined single limit) and five hundred thousand dollars ($500,000.)
for property damage in each accident.
C. The licensee shall supply a certificate of insurance to the Business
Administrator or his designee describing every policy of insurance
and identifying the city as an insured party. Each such certificate
of insurance shall contain a provision that no cancellation of the
policy shall become effective until after the expiration of thirty
(30) days' written notice of such proposed cancellation forwarded
by the insurance company to the Business-Administrator.
D. The form and content of the insurance policy and certificate of insurance
shall be submitted to the City Attorney for review and approval.
No license shall be issued to an applicant hereunder unless
he or his employee shall be available or on call on a twenty-four-hour
basis to tow disabled vehicles.
No license shall be granted to an applicant unless and until
he has appointed the City Clerk his true and lawful attorney for the
purpose of acknowledging service out of any court of competent jurisdiction
to be served against the applicant.
[Amended 3-16-1999 by Ord. No. 2-99; 3-2-2010 by Ord. No. 2-2010]
A. The maximum rate for towing and storage of vehicles pursuant to this
chapter shall be as follows:
(1) Passenger automobiles, motor vehicles and similar vehicles: one hundred
twenty-five dollar ($125.) flat rate for any time of day or night.
(2) Medium duty vehicles (7,001—16,000 pounds): two hundred fifty
dollars ($250.) per hour.
(3) Heavy duty vehicles (16,001 pounds): three hundred fifty dollars
($350.) per hour.
(4) Road service: eighty-five dollars ($85.) per hour.
B. The maximum rates for storage of vehicles pursuant to this chapter
shall be as follows:
(1) Inside storage of passenger automobiles, motorcycles and similar
vehicles: forty-five dollars ($45.) for each twenty-four (24) hour
period.
(2) Inside storage of trucks, tractor-trailers, campers and similar vehicles:
eighty-five dollars ($85.) per twenty-four (24) hour period.
(3) Outside storage of passenger automobiles, motorcycles and similar
vehicles: fifty-five dollars ($55.) for each twenty-four (24) hour
period.
(4) Outside storage of trucks, tractor-trailers, campers and similar
vehicles: fifty-five dollars ($55.) for a twenty-four (24) hour period.
C. The maximum rates for each of the following services shall be:
(1) Winching - seventy-five dollars ($75.).
(2) Transmission service - twenty dollars ($20.).
(3) Waiting time - fifty dollars ($50.).
(4) Rollover (cars) - one hundred twenty-five dollars ($125.).
(5) Lockouts - fifty-five dollars ($55.) per day.
(6) Investigation of hidden VI Number - thirty-five dollars ($35.) per
hour.
(7) Normal clean up - fifty-five dollars ($55.).
(8) Yard fee - forty-five dollars ($45.).
(9) Administrative fee (towing company) - forty-five dollars ($45.).
D. The waiting period for subsection
C,
(3) and
(4) above shall be confirmed by the officer in charge at the scene of the time such service is provided. An administrative fee of twenty dollars ($20.) shall be paid to the Chief Financial Officer of the city for each vehicle towed by the licensee; said fee shall be paid on a monthly basis, without exception upon the filing of mandatory monthly reports.
An applicant for a license under this chapter must be in total
compliance with all United States Department of Transportation Federal
Motor Carrier Safety Regulations, and failure to be in compliance
and/or remain in compliance shall be grounds for denial or revocation
of a license.
Any person who shall violate the provisions of this chapter
shall, upon conviction thereof, be liable to a fine of not more than
one thousand dollars ($1,000.) or imprisonment for a term of not more
than ninety (90) days, or both, in the discretion of the Judge, and
shall be prohibited from receiving a license for a period of three
(3) years from the date of said conviction. Upon the second or subsequent
conviction under the provisions of this chapter, a person shall be
subject to the above penalty, in the discretion of the Judge, and
shall be prohibited from receiving a license for a period of ten (10)
years from the date of the second or subsequent conviction.
A licensee must assist, at the request of the Police Department,
said Department in notifying, in writing, the operator and/or owner
of a vehicle towed or stored of the location of the vehicle and the
requirement that towing charges and/or the storage rates be paid prior
to the release of said vehicle.
[Added 9-6-05 by Ord. No. 19-2005]
A. All towing companies who wish to do business in the City of Orange
must obtain a license and remit an annual licensing fee. In addition
thereto, each vehicle used for towing shall be assessed a charge of
twenty-five dollars ($25.). Said vehicle must display a properly retained
decal provided by the City of Orange. The above fees are mandatory
and without exception. Any company who fails to register and attempts
to operate without proper registration credentials shall be subjected
to a fine of not less than two hundred fifty dollars ($250.) or no
more than five hundred dollars ($500.).
(1) Companies who tow a vehicle pursuant to an individual agreement with
a vehicle owner (i.e. Triple A, Motor Club of America, AARP and others)
shall not be required to obtain a license for such towing purposes.
[Added 4-4-06 by Ord. No. 7-2006]
B. No vehicle shall be towed from public or private property until the
Orange Police Department shall have been notified by the property
owner or his/her agent. Any agent must provide written documentation
that he/she is the current agent. The police must be given the opportunity
to respond to the scene of the vehicle that is subject to being towed.
[Added 9-6-05 by Ord. No. 19-2005]
A. All vehicles towed from the City of Orange must be towed to a lot
or facility within a four (4) mile radius of the City of Orange.
B. Towing company, complex owner, lot owner or building owner must install
signage at each and every entrance and exit of their respective parking
lots. Such sign must be a minimum thirty-six (36) inches by twenty-four
(24) inches high with a minimum letter height of two (2) inches. The
sign shall list the following information:
(2) Address of company lot or lots;
(3) Telephone number to towing lot;
(4) The time of parking on property for residents or visitors;
(5) Unauthorized vehicle will be subject to towing.
C. The towing lot shall be open seven (7) days a week.
[Added 9-6-05 by Ord. No. 19-2005]
A. Every applicant for a license under this chapter shall complete,
sign and verify a written application on forms furnished by the Municipal
Clerk or his/her designee.
B. The application shall state:
(1) The name and address of the applicant;
(2) The name and address of the business;
(3) The location of the principal place of business and storage area
for wreckers, tow trucks and towed vehicles;
(4) The registration information for all wreckers and tow trucks that
will be used for towing within the City of Orange Township;
(5) The names and driver's license of all employees who will be
operating a wrecker or tow truck within the City of Orange Township.
Licensees' employees who operate a wrecker or tow truck must
have the appropriate driver's license with no restrictions or
conditional endorsements except the condition requiring the wearing
of glasses. The names, ages, addresses and driver's license numbers
of all the licensee's employees shall be submitted with the application
for license and shall be continuously updated during the course of
the license and shall be supplied to the Director of Police.
(6) The name and address of the insurer and policy numbers of the garage-keeper's
liability and other required liability policies.
(7) Abide by the fees contained in this chapter.
[Added 9-6-05 by Ord. No. 19-2005]
A. The Municipal Clerk shall promptly notify the applicant of the approval
of his/her application by the Director of Police and shall issue the
license.
B. The license shall contain the following:
(1) The name and address of the licensee.
(2) The number of the license and the amount of fee paid.
(3) The number of vehicles and vehicle information for all vehicles that
will be utilized by the licensee.
(4) The date of issuance of the license and the expiration date.
(5) The signature of the Municipal Clerk or his/her designee.
C. All licenses shall expire on December 31 of the year issued, unless
an earlier expiration date is indicated on the license.
D. The Municipal Clerk or his/her designee shall send a copy of the
license to the Police Department for filing and shall retain a copy
for permanent record of all licenses issued.
E. A copy of a valid license shall be placed in all wreckers and tow
trucks and shall be produced upon request by police personnel of the
Orange Police Department.
[Added 9-6-05 by Ord. No. 19-2005]
A. A license issued under this chapter shall not be transferable.
B. Each licensee shall produce his/her license whenever called upon
to do so.
[Added 9-6-05 by Ord. No. 19-2005]
A. All wreckers and tow trucks shall have a valid registration and inspection
sticker from this state issued by the NJ Department of Motor Vehicles.
B. All wreckers and tow trucks shall be properly lettered on both sides
in accordance with law.
C. All wreckers and tow trucks used by the licensee in performing its
obligation under the license shall be maintained in good and safe
condition and may be inspected for such condition by the Director
of Police or his/her designee at any time.
[Added 9-6-05 by Ord. No. 19-2005]
The licensee shall have in effect, prior to application and
at all times during the terms of the license the proper insurance
for the principal place of business, the wreckers and tow trucks and
all its storage space.
[Added 9-6-05 by Ord. No. 19-2005]
A. When a vehicle is being towed from public or private property the
Orange Police Department shall be notified by the property owner or
his/her agent, and a police officer must be present at the location
of the tow prior to a vehicle being affixed to a wrecker, tow truck
or place on flatbed.
B. A written receipt describing the vehicle and its condition as well
as the location of the tow, tow company information, driver's
name and reason for the tow shall be turned over to the responding
police officer for record keeping purposes.
[Added 9-6-05 by Ord. No. 19-2005]
A. The Police Director is hereby charged with the supervision and enforcement
of the terms and provisions of this chapter and to see that the licensees
perform the duties set forth below.
B. Each licensee shall render the following towing and storage services:
(1) Each licensee will be responsible for all vehicles and visible contents
in their custody. An inventory shall be made at the scene to note
such contents of each vehicle.
(2) No vehicle will be removed from the property without proper authorization
from the police at the scene.
(3) The police officer investigating the incident is in complete charge
of the incident scene (excluding actual towing operations), and all
drivers shall comply with the officer's instructions.
(4) No towing operator shall tow any vehicle in an unsafe manner or in
such a way as to cause further damage to the vehicle towed or surrounding
property.
(5) No vehicle shall be towed before the issuance of a private property
summons.
(6) Each licensee shall submit written reports to the Orange Police Department
of all vehicles it tows pursuant to any license issued under the terms
of this chapter. The license shall furnish the city with such records,
reports and information as to the services rendered as the city may
reasonably require. Such reports shall be submitted within twenty-four
(24) hours after a service has been performed. Written reports shall
include the following:
(a)
The conditions and inventory of the vehicle and its contents
if not otherwise inventoried by the police.
(b)
The inventory shall include items of apparent value within the
vehicle, which are easily identifiable, including but not limited
to audio and visual equipment and articles of personal property remaining
in the vehicle.
(c)
Monthly reports of unclaimed vehicles, identifying each vehicle
by make, year, serial number and registration number, and the date
said vehicle came within the possession of the licensee.
(d)
Individual confirmation within twenty-four (24) hours of the
release of the vehicle, setting forth the identity of the person to
whom the vehicle was released and the name of the individual employee
of the licensee releasing said vehicle.
[Added 9-6-05 by Ord. No. 19-2005]
A. No wrecker or tow truck shall maintain a police radio receiving set
for the purposes of intercepting police calls.
B. No flashing lights or sirens shall be used on wrecker or tow truck
except as permitted by state law.
C. All wreckers and tow trucks shall be operated in accordance with
existing traffic regulations and in a safe and prudent manner.
[Added 9-6-05 by Ord. No. 19-2005; amended 3-2-2010 by Ord. No. 1-2010]
A. The maximum rate for towing and storage of vehicles pursuant to this
chapter shall be as follows:
(1) Passenger automobiles, motor vehicles and similar vehicles: one hundred
twenty-five dollars ($125.) flat rate for any time of day or night.
(2) Medium duty vehicles (7,001—16,000 pounds): two hundred fifty
dollars ($250.) per hour.
(3) Heavy duty vehicles (16,001 pounds): three hundred fifty dollars
($350.) per hour.
(4) Road service: eighty-five dollars ($85.) per hour.
B. The maximum rates for storage of vehicles pursuant to this chapter
shall be as follows:
(1) Inside storage of passenger automobiles, motorcycles and similar
vehicles: forty-five dollars ($45.) for each twenty-four (24) hour
period.
(2) Inside storage of trucks, tractor-trailers, campers and similar vehicles:
eighty-five dollars ($85.) per twenty-four (24) hour period.
(3) Outside storage of passenger automobiles, motorcycles and similar
vehicles: fifty-five dollars ($55.) for each twenty-four (24) hour
period.
(4) Outside storage of trucks, tractor-trailers, campers and similar
vehicles: fifty-five dollars ($55.) for a twenty-four (24) hour period.
C. The maximum rates for each of the following services shall be:
(1) Winching - seventy-five dollars ($75.).
(2) Transmission service - twenty dollars ($20.).
(3) Waiting time - fifty dollars ($50.).
(4) Rollover (cars) - one hundred twenty-five dollars ($125.).
(5) Lockouts - fifty-five dollars ($55.) per day.
(6) Investigation of hidden VI Number - thirty-five dollars ($35.) per
hour.
(7) Normal clean up - fifty-five dollars ($55.).
(8) Yard fee - forty-five dollars ($45.).
(9) Administrative fee (towing company) - forty-five dollars ($45.).
D. The waiting period for subsection
C,
(3) and
(4) above shall be confirmed by the officer in charge at the scene of the time such service is provided. An administrative fee of twenty dollars ($20.) shall be paid to the Chief Financial Officer of the city for each vehicle towed by the licensee; said fee shall be paid on a monthly basis, without exception upon the filing of mandatory monthly reports.
[Added 9-6-05 by Ord. No. 19-2005]
A. Vehicles that are towed as a result of being stolen or which are
subject to police investigation shall not be subject to a towing fee.
Vehicles subject to police investigation shall only be released under
the supervision of the Orange Police Department. There shall be no
release charge for releasing vehicles other than those permitted by
this chapter. There shall be no fees for moving vehicles within the
towing yard.