[MC 2001-27, June 18, 2001]
As used herein:
(a)
Towing service means the removal and transportation of a vehicle
from a highway, street or other public or private road, a parking
area, private property or from a storage facility, and other services
normally incident thereto. This does not mean moving a vehicle within
a storage area or between storage areas or from a storage area to
just outside a storage area.
(b)
Category I vehicle means all vehicles zero (0) to six thousand (6,000)
pounds GVW.
(c)
Category II vehicle means all vehicles six thousand (6,000) to twenty-six
thousand (26,000) pounds GVW.
(d)
Category III vehicle means all vehicles twenty-six thousand (26,000)
pounds and over GVW.
(e)
Cruising means the driving of an unengaged wrecker along a public
street at a slow rate of speed or in any other fashion calculated
for the obvious purpose of soliciting business along the public highway.
(f)
Extra towing service means and includes recovery of a vehicle from
a position:
(1)
Either partially or completely overturned.
(2)
Beyond the right-of-way or berm.
(3)
Where it is impaled upon any other object within the right-of-way
and those towing situations where there exists a spillage of vehicle
contents or cargo onto the travel potion of the roadway resulting
in a protracted clean up operation utilizing either additional manpower
or specialized equipment.
(g)
Gross vehicle weight means the registration weight, the manufacturer's
gross weight rating or actual weight, whichever is greatest.
(h)
Inside storage facility means a vehicle storage facility that is
completely indoors and protected from the elements, having one (1)
or more openings in the walls for storage and removal of vehicles
and that is secured by a locking device on each opening.
(i)
Licensee means rotation tower.
(j)
Nonpreferential rotational towing and storage services means a request
for towing and/or storage services initiated by the City of Plainfield
or its authorized representative.
(k)
Outside storage facility means a vehicle storage facility that is
not indoors and is secured by a fence, wall or other man-made barrier
that is at least six (6) feet high.
(l)
Owner means 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 City of Plainfield, which vehicle by reason of
being disabled or being unlawfully upon said roads requires towing
services.
(m)
Police means the Police Division of the City of Plainfield or such
other police as may have jurisdiction upon the roadways on which the
vehicle may be found within the City of Plainfield.
(n)
Tow operator means those parties who provide towing, storage and
wrecker services for motor vehicles.
(o)
Tow truck means a self propelled vehicle equipped, property insured
and employed for the purpose of towing, transporting, conveying or
removing any and all kinds of vehicles, which are unable to be or
actually are not operated under their own power, for which services
a charge or fee is exacted.
(p)
Rotation tower means 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 based upon such rates,
charges and fees as determined by the Plainfield Municipal City Council,
and which towing operator is licensed under the provisions of this
article to operate as a rotation tower.
(q)
Rotation towing means the system by which licensees are rotationally
contacted by the Police Division to provide towing or wrecker services
for motor vehicles. The party providing towing services herein shall
be referred to as a "rotation tower."
[MC 2001-27, June 18, 2001]
Tow operators meeting the criteria set forth in this article
and engaged in the business of offering vehicle towing or wrecker
service, may be appointed to a Rotation Tower List. Rotation towers
shall be identified by means of a license that shall be issued and
displayed in accordance with the provisions of this article.
After the issuance of an initial license as set forth in Section 9:16A-6, expiring on December 31, 2001, not less than seventy-five (75) days prior to the beginning of the two (2) year term of rotation tower licenses, the City shall advertise for appellations for towing licenses for providing towing services pursuant to this article. The advertisement shall be in the official newspaper of the City.
[MC 2001-27, June 18, 2001]
(a)
The application for a rotation tower license must be obtained from
the City Clerk acting as the License Bureau. The application shall
contain:
(1)
The full name, residence and business address, and telephone
number and address of the owner, lessee or bailee and the applicant.
If the owner or lessee is a corporation, the application shall contain
the name, residence and business address and telephone number of every
stockholder who holds more than ten percent (10%) of the issued stock;
(2)
The type of vehicle for which the license is desired;
(3)
Location, description and availability of the tow trucks owned
or operated by the applicant;
(4)
Certification that the applicant has the space required in this
article for properly accommodating and protecting all disabled motor
vehicles to be towed or otherwise removed from the place where they
are disabled;
(5)
The names and addresses of two (2) business references who have
known the applicant for at least two (2) years.
(6)
Certification that the applicant will be able to provide towing
services anywhere in the City with a maximum response time of twenty
(20) minutes, except when extraordinary circumstances occur.
(7)
Certification that the applicant will be available for service
twenty-four (24) hours a day, seven (7) days a week, and that it will
abide by the fees contained in or referred to in this article.
(8)
A detailed site listing showing the location of the storage
area, the number of cars that can be stored, the total square footage
of the storage area, and completion of a questionnaire provided by
the Plainfield Police Division which describes each garage and storage
site to be used by the tow operator.
(9)
Agreement to abide by the general rules and regulations established
herein or by the Director of Public Affairs and Safety in connection
with towing and storage procedures.
(10)
The applicant shall submit with the license application proof
of ownership or rental of the storage location. In the case of ownership,
a copy of the deed shall be submitted. In the case of rental, a fully
executed lease agreement covering at least six (6) months beyond the
term of the license issuance shall be submitted. Said lease shall
state that storage of towed vehicles will be allowed under the lease
provisions. All leased property must comply with applicable zoning
and licensing requirements.
(11)
The applicant shall submit a detailed list of all wreckers,
tow trucks and service vehicles as well as supplemental/auxiliary
equipment owned or leased that will be used in performance of the
duties herein. A copy of the vehicle registration, insurance cards,
and leases, must contain the following information: type of vehicle,
year/make, capacity and condition of vehicle.
(12)
The applicant shall supply a roster of all employees who will
perform services under this article. The following information will
be provided: name, address, date of birth, social security number,
driver's license number and expiration date, signature of employee,
current photograph, name and address of an individual to contact in
case of emergency. The applicant must also supply photocopies of all
New Jersey Commercial Driver's Licenses of all employees who will
operate responding vehicles.
(13)
Certification(s) from the Zoning Officers of each municipality
in which the vehicles are to be stored, and/or repaired, stating that
the storage of motor vehicles at that location is permitted under
local zoning regulations.
[MC 2001-27, June 18, 2001]
(a)
Within two (2) weeks after receipt of an application, the License
Bureau shall refer the application for investigation by the Chief
of Police as to the truth of the statements of the application and
the applicant's qualifications.
(b)
The Chief of Police shall report his findings in writing within twenty-one
(21) days to the License Bureau.
(c)
The review by the Chief of Police shall include the following:
(1)
A background check to determine if either the applicant or the applicant's personnel have been convicted of a criminal offense or have had their driver's licenses suspended or revoked within the past year. Conviction of a criminal offense, or suspension of driver's license within the past year for the reasons set forth in Section 9:16A-5(a)(5), shall be a cause for disqualification from inclusion on the Rotation Tower's List.
(2)
An inspection of the personnel, vehicles, equipment and storage
area proposed to be utilized by the applicant to verify the accuracy
of the information contained in the application and to determine compliance
with applicable laws and regulations and the standards of performance
required by this article.
[MC 2001-27, June 18, 2001]
(a)
The Mayor shall grant a license hereunder when he/she finds that:
(1)
The applicant has not knowingly with the intent to deceive,
made any false, misleading or fraudulent statements of material fact
in the application or in any other document required pursuant to this
article.
(2)
The applicant has met the standards in this article and has
provided the required Hold Harmless Agreement and insurance policies
and/or certificates of insurance.
(3)
The application has been reviewed and approved by the Chief
of Police.
(4)
The applicant is a reputable person.
(5)
The applicant has not been convicted of a crime; or a license
suspension during the past year for driving under the influence of
alcohol or illegal drugs, suspension due to motor vehicle points accumulation,
or suspension for reckless driving.
[MC 2001-27, June 18, 2001]
For the purpose of the licenses to be awarded, pursuant to this
article, in the year in which it is adopted, the initial term of the
license shall be from the date the license is issued until December
31, 2001. Licenses issued thereafter shall be for a two (2) year period
commencing on January 1, 2002 and terminating two (2) years later.
All license applications must be received at least sixty (60) days
before the expiration of the license period.
[MC 2001-27, June 18, 2001]
The fee for issuance of a rotation tower license shall be Two
Hundred Fifty Dollars ($250.00).
[MC 2001-27, June 18, 2001]
(a)
Any license issued to a rotation tower is transferable by the licensee
only from one vehicle to another, provided the licensee is the owner
of the motor vehicle.
(b)
No controlling interest in a license issued pursuant to this article
shall be assigned, transferred or sold, except on specific approval
of the City Council of the City of Plainfield. 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 City forms,
a statement of ownership. Any controlling interest transfer of ownership
in a licensee's business, be it actual transfer or stock ownership,
without City 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 City of Plainfield, New Jersey.
[MC 2001-27, June 18, 2001]
To qualify for inclusion on the list of rotation towers, applicants
must meet the following minimum standards:
(a)
Rotation towers shall furnish adequate and proper wrecking, towing,
storage and emergency repair services to motor vehicles damaged or
disabled within the limits of the City, when requested by the Chief
of Police or his/her authorized designee.
(b)
Subcontracting. Subcontractors must be approved by the Chief of Police.
The Chief of Police will, within reasonable discretion, maintain objective
guidelines on file as to emergencies and use of subcontractors. A
rotation tower shall be responsible for the services performed by
an approved subcontractor and shall remain liable for any violation
of this article by the subcontractor.
(c)
Equipment requirements. Every rotation tower shall maintain and have
available the following equipment, which equipment must comply with
all Federal and State laws. The equipment shall be inspected by the
Chief of Police or his/her authorized representative prior to a license
being issued, and a report of said inspection shall be furnished to
the Director of Public Safety.
(1)
One (1) heavy-duty wrecker capable of removing any Category
III vehicle, such as: buses, tractor-trailers, dump trucks and recreational
vehicles.
(2)
One (1) conventional wrecker capable of removing any Category
II vehicle, including cube vans and step vans.
(3)
Two (2) flatbeds for Category I vehicles, including passenger
vehicles, motorcycles and mopeds.
(4)
Safety equipment to be carried on all trucks shall include:
a universal towing sling, except flatbeds; J-hooks and chains; one
(1) snatch block for three-eighth (3/8) to one-half (1/2) inch cable,
two (2) 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 of at least five hundred (500) candle power pointed
to the rear, mounted so as not to be obstructed by the towed vehicle(s)
and said lights must be engaged during the removal of the vehicle(s);
at least three (3) flares or other suitable warning devices visible
for a distance of not less than one thousand (1,000)feet from the
disabled vehicle(s); 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; shovels and broom; steering wheel lock or tie-down;
two-way radio communication system; sand, and an operational fire
extinguisher designed for vehicular fires.
(5)
All tow trucks must be properly lettered on both sides as provided
by law and clearly identify the name, address and telephone number
of the operator, and the City of Plainfield rotation tower license
number.
(6)
All trucks will be maintained and operated in accordance with
all existing traffic regulations and in a safe and prudent manner.
(7)
The tow operator must own or lease an operational fax machine
capable of transmitting correspondence via telephone lines.
(8)
All tow trucks must be equipped with a two-way radio and/or
mobile telephone communications equipment with their principal place
of business, including their garage, to ensure the proper availability
of services to the City and motorists.
(d)
Storage facilities. Storage locations must be in compliance with
all applicable codes and Municipal Ordinances and must be zoned for
all of the uses for which they are, or will be dedicated, and must
comply with any local, State or Federal environmental regulations.
Storage locations must satisfy all licensing requirements promulgated
by the State of New Jersey and the City regarding all aspects of their
use, and/or intended use, including but not limited to the towing,
storage, repair and sale of motor vehicles.
(1)
Indoor storage facilities. Each rotation tower shall have an
indoor, properly secured storage area sufficient to house at least
five (5) vehicles and provide twenty-four (24) hour security for the
same for the storing of impounded vehicles involved in criminal matters.
These vehicles may contain, or are themselves, evidence needed for
potential criminal or civil cases. These vehicles shall not be removed
from the safe and secure inside storage area until written permission
is obtained from the Plainfield Police Division.
(2)
Outside storage facilities and general areas.
(A)
Rotation towers shall provide a separate outside storage yard.
The minimum size for storage of vehicles must be twenty-two thousand
(22,000) square feet, properly fenced and secured, for the exclusive
use of the City of Plainfield, and large enough to accommodate at
least one hundred fifty (150) passenger vehicles, two (2) tractor/trailers
(with electrical supply if needed), as well as fifteen (15) miscellaneous
vehicles(mopeds, mini-bikes, motorcycles, recreational vans, etc.)
at any given point in time.
(B)
Rotation towers must NOT store vehicles towed for or at the
request of the City of Plainfield on top of one another, must not
park said vehicles on public roadways or sidewalks, nor can they block
any public roadways or sidewalks with said vehicles.
(C)
Rotation towers and their drivers shall be fully trained and
knowledgeable in the operation of all required equipment and shall
be subject to background investigations by the Plainfield Police Division.
(D)
The storage facilities shall have proper sign identification
upon same and shall be kept clean and free of unnecessary clutter
so as to be reasonably accommodating to persons of the City or others
who may come upon the premises.
(E)
All storage areas must be entirely lit from dusk through dawn
and must be entirely enclosed and secured by a sturdy fence at least
six (6) feet high, and be accessible twenty-four (24) hours a day,
seven days a week for police personnel.
(F)
The Chief of Police or his/her designee shall have the authority
to inspect all storage areas without prior announcement at the convenience
of the Police Division.
(e)
Employees.
(1)
All new employees shall be registered with the Plainfield Police
Chief before performing any services. Updated information on employees
shall be provided to the Police Division every ninety (90) days in
order for the City to keep current with changes in personnel.
(2)
All responding employees must possess a valid New Jersey Commercial
Driver's License, with proper endorsements, necessary to legally tow
all types of motor vehicles.
(3)
The responding employee(s) must be equipped with and trained
in the basic tools necessary to perform:
(A)
Minor roadside repairs; all facets of the safe and efficient removal
of all types of motor vehicles under this article regardless of the
physical condition of the vehicle; complete removal of all debris
from the scene of the accident.
(4)
All responding employee(s) must wear a reflective and safety
vest when engaged in the towing/repair of motor vehicles while on
public roadways.
(5)
All responding employees must present a neat appearance at all
times in a uniform identifiable with the towing operator.
(6)
All responding employees must follow the directions of the Plainfield
Police Division with regard to the preservation of evidence needed
for potential criminal and civil cases.
(7)
All drivers will relay information to the Police Division on
the following: crime, disabled vehicles, accidents, disasters, etc.
(f)
General Requirements.
(1)
Upon receiving a vehicle, the towing operator shall immediately
contact the owner of the vehicle by telephone and in writing within
one (1) business day, and inform the owner that:
(2)
The tow operator is required to:
(A)
Be located within an area within a two (2) mile radius of the
City, and to ensure a twenty (20) minute response time to calls for
service.
(B)
Provide towing, storage and basic mechanical service on a twenty-four
(24) hour, seven (7) 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.
(C)
Have its facilities available to the public a minimum of eight
(8) hours per day (9:00 A.M. - 5:00 P.M.), five (5) days a week (Monday
through Friday), four (4) hours (9:00 A.M. - 1:00 P.M.) Saturday,
for the reclaiming of towed vehicles.
(D)
Maintain accurate records of owner notification(s) and attempted
notifications.
(E)
NOT release any vehicle from an impound site unless a valid
Plainfield Police Division "Vehicle Release Form" is submitted to
the towing operator.
(F)
Report any unusual or questionable attempts to release any vehicle
from impound to the Plainfield Police Division.
(G)
Follow the proper procedures and directions of all applicable
laws for the disposal of vehicles not retrieved by the owner. Any
vehicle which is not released according to proper procedures, shall
be reported to the Plainfield Police Division, Traffic Section, and
shall be identified in writing on the weekly report.
(H)
Handle removal of all abandoned and junk vehicles for the Plainfield
Police Division.
(I)
Have the capability of towing/removing abandoned vehicles without
wheels, locked (including steering), or any/all other conditions.
(J)
Have the capability of towing/removing of all heavy equipment
regardless of size and weight.
(K)
Remove any vehicle which the Plainfield Police Division may
lawfully direct them to do so and shall store same at their lot(s)
until said vehicle(s) is reclaimed by the lawful owner, or is otherwise
disposed of according to law.
(L)
Be responsible for any vehicle and the contents thereof after
receiving said vehicle in their 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 the vehicle is in the tow company's
custody and control.
(M)
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.
(N)
Use at a minimum the manufacturer's suggested towing or removal
method for removal of damaged or impounded passenger cars or light
vehicles, including pick-up trucks, mini-vans, motorcycles and vans,
including but not limited to a hook, tow, dolly, winch, sling, wheel
lift, underreach, or flatbed.
(O)
Remove all debris from an accident scene, which includes sweeping
the roadway, and preserve any evidence the Plainfield Police determine
necessary for potential criminal and civil cases.
(P)
Tow operators who are capable of providing general vehicle repair
services on motor vehicles must warranty those repairs.
(Q)
Tow truck 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, cross the median, etc.
(R)
In all dealings with the public, the towing operator and its
employees are expected to act in a professional, courteous and respectful
manner towards members of the public as well as representatives from
the City of Plainfield. No employee of the tow operator shall represent
to any member of the public that he/she is an employee of the City
of Plainfield. Reports of discourteous behavior by the tow operator
or its employees, which can be sustained and documented, may be considered
by the City of Plainfield as sufficient cause for termination of the
license.
(S)
The tow operator will cooperate with other operators in the
case of emergency services at the scene of accidents and/or disasters.
(T)
The tow operator will dispatch, within the time required by
this article, tow truck(s), when requested by the Police Division
officer to respond to a police-requested call for service.
(U)
The police officer investigating the incident is in complete
charge of the incident scene, and all drivers shall comply with the
officer's instructions.
[MC 2001-27, June 18, 2001]
(a)
The tow operator must maintain an accurate file of all vehicles towed
or serviced at the request of the Plainfield Police Division, which
file must be forwarded to the Police Division on a weekly basis for
examination and comparison. The tow operator shall record all vehicles
towed on Plainfield Police Division approved invoices that clearly
state the name of the owner, vehicle make, model and identification
number along with other pertinent information. The invoice shall also
clearly state all services performed and charges. The tow operator
will be provided with a copy of a Police Tow Sheet.
(b)
The tow operator must maintain an accurate inventory of ALL towed
vehicles stored in its impound site. The Plainfield Police Division
will periodically inspect and compare the impound storage list to
ensure accuracy. The Plainfield Police Division will investigate any
discrepancies.
(c)
The tow operator must maintain an Impound File, which is identical
to that kept by the Plainfield Police Division Traffic Bureau.
(d)
The tow operator must maintain all records by means of a computer
system to facilitate an expedient and efficient means of retrieving
information and must maintain all records at one central location.
These records shall be kept for a seven (7) year period.
(e)
The tow operator must maintain a record of all property found anywhere
in a towed vehicle, including the trunk and glove compartment, if
open, or a key is available, and shall be responsible to safeguard
and release contents to the owner.
Authorized representatives of the Plainfield Police or their
designees shall have access to any of the records required to be kept
by the towing operator.
[MC 2001-27, June 18, 2001]
(a)
All tow operators shall maintain during the life of the license,
and produce proof to the License Bureau on an annual basis, the following
insurance coverage:
(1)
Garage keeper's liability policy in the amount of One Million
Dollars ($1,000,000.00) for any one (1) claimant and Two Million Dollars
($2,000,000.00) for more than one (1) claimant with One Million Dollars
($1,000,000.00) coverage for property damage for any one (1) event.
(2)
Automobile liability insurance in an amount of not less than
One Million Dollars ($1,000,000.00) combined single limit for bodily
injury and property damage liability.
(3)
Worker's compensation insurance insuring the obligation of the
tow operator under the New Jersey Worker's Compensation and Occupational
Disease Laws for all work performed under this contract.
(4)
General liability insurance shall be provided on a comprehensive
form with a combined single limit of One Million Dollars ($1,000,000.00)
per occurrence for bodily injury liability and property damage liability
and shall protect the interest of the City of Plainfield with respect
to work emanating from the contract with the City of Plainfield. This
insurance shall include: i) personal injury liability, (ii) blanket
contractual liability, applying to assumption of liability under any
written contract, (iii) products liability and (iv) completed operations
liability.
(b)
Certificates of insurance for all required policies shall contain
a provision that insurance afforded under the policies will not be
canceled or modified without at least thirty (30) days prior written
notice being given to the City of Plainfield. The City of Plainfield
must be notified, in writing, of any cancellation, revision or interruption
relative to any of the insurance policies required under this contract.
(c)
The tow operator's insurance policies must be endorsed to provide
collision coverage for vehicles in tow.
(d)
The City of Plainfield must be listed as an additional insured
on all liability policies and the insurance certificates shall indicate
such coverage as primary coverage notwithstanding any insurance carried
by the City.
(e)
Insurance coverage shall indemnify the City of Plainfield 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 execution of the work
called for under the contract.
(f)
The providing of any insurance required herein does not relieve
the tow operator of any of the responsibilities or obligations assumed
by the tow operator under this article, or for which the tow operator
may be liable by law or otherwise.
(g)
All insurance policies shall be written by an insurance company
acceptable to the City and authorized to do business in the State
of New Jersey.
(h)
Certified copies of all insurance policies provided above or
original certificates thereof satisfactory to the City, shall be furnished
thirty (30) days prior to issuance of license, and on an annual basis
thereafter.
(i)
Failure to provide and continue in force such insurance as required
above shall be deemed a material breach of the tow operator's participation
obligations under this article and shall be treated as a reason for
immediate termination of its authorized participation as a towing
operator.
[MC 2001-27, June 18, 2001]
The applicant shall agree in writing to assume the defense of
and indemnify and hold harmless the City, its officials, boards, commissions,
officers, employees and agents, from all suits, actions, damages or
claims, fees, costs, expenses, fines or penalties of any kind and
nature whatsoever resulting from, caused by, arising out of or as
a consequence of the provisions of towing, wrecking, storage and/or
emergency services provided at the request of the City pursuant to
this article. This shall include but not be limited to any liability
which may arise from the tower's disposal, storage or handling of
hazardous materials. Rotation towers shall enter into a Hold Harmless
Agreement on a form to be prepared by the Corporation Counsel before
being included on the Rotation Tower's List.
[MC 2001-27, June 18, 2001]
(a)
Rotation towers shall be placed on the Rotation Tower's List
at the beginning of each two-year period in accordance with the procedures
as set forth in this article. Rotation towers shall rotate on the
list for one (1) month at a time or for such a period as designated
by the Chief of Police. The monthly rotation shall commence on the
first day of each month at 9:00 A.M. and will be rotated among all
rotation towers and terminate at 8:59 A.M. the first day of each month.
(b)
When called, the rotation tower operator shall advise the dispatcher
if a vehicle is available and the estimated time of arrival. If no
tow vehicle is available or if, in the discretion of the police officer
making the request, the response time is insufficient under the circumstances
to properly protect the public health, safety or welfare, the next
rotation tower on the list shall be called for that particular towing
event.
(c)
The Police Division may contact the next rotation tower if a
response is not made within twenty (20) minutes of being notified.
Failure to respond within a twenty (20) minute period on three (3)
or more occasions may represent good cause to revoke or suspend a
license.
(d)
All requests for service shall be made by the Chief of Police
or his/her official designee.
(e)
The Chief of Police or designee shall request service only from
rotation towers provided, however, that if no emergency or imminent
road hazard exists, the City shall 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 rotation towers
are available or able to provide such services as are requested by
the City, or if an emergency exists, the City may request such services
from any other available source.
(f)
During adverse weather conditions, heavy traffic conditions
or emergency conditions, rotation towers shall give priority to requests
from the City over any other requests which may be received by the
rotation towers.
[MC 2001-27, June 18, 2001]
(a)
Every tow vehicle or flat bed vehicle shall display the rotation
tower's license and shall have the name of the rotation 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.
(b)
The tow operators' wrecker(s) and all other vehicles shall be
properly licensed and registered with the New Jersey Division of Motor
Vehicles. All towing operators' vehicles shall display New Jersey
commercial license plates.
[MC 2001-27, June 18, 2001]
(a)
The regulations governing tow operators shall also include the
following:
(1)
No driver of any wrecker shall seek employment by repeatedly
and persistently driving his tow truck to and fro in a short space
or by otherwise interfering with the proper and orderly progress of
traffic along the public highways.
(2)
No driver shall engage in cruising.
(3)
No driver or owner of a tow truck shall solicit or attempt to
divert prospective patrons of another wrecker. He shall not solicit
or divert prospective patrons of any garage to another garage.
(4)
No driver or owner of a tow truck shall solicit, demand or receive from any person any pay, commission or emolument whatever, except the proper fare for transporting the disabled vehicle in accordance with the schedule of charges as given in Section 9:16A-16. He shall not give or offer to give any gratuities, fees or other compensation or gifts to any member of the Police Division.
(5)
No flashing lights or sirens shall be used on a tow truck except
by permission granted by the State Director of Motor Vehicles under
the provisions of N.J.S.A. 39:3-50.
(6)
Tow operators shall keep and maintain towing equipment, which
is adequate to perform such towing service in a reasonably workmanlike
manner.
(7)
Tow operators shall not employ or use illegally a short wave
radio to obtain information as to the location of the scene of an
accident or disabled vehicle.
[MC 2001-27, June 18, 2001]
The Director of Public Affairs and Safety is authorized and
empowered to make additional reasonable rules and regulations, not
inconsistent with this article, for towing and storage operations.
[MC 2001-27, June 18, 2001; amended 10-10-2023 by Ord. No. MC 2023-33]
(a)
The tow operator must only charge the rates set forth in this
article. No other charges or fees are permitted.
(b)
The tow operator must tow the motor vehicle from the location
of the police request to the towing operator's storage site(s). This
shall constitute a single tow rate. If a tow operator is located outside
the City of Plainfield, there shall be no additional charge for towing
the vehicle to the operator's storage facility.
(c)
The tow operator is expressly prohibited from charging the owner
of the vehicle for towing the vehicle from the original storage site
to another site affiliated with the towing operator.
(d)
The tow operator is prohibited from charging a release fee for
releasing vehicles after normal business hours.
(e)
The tow operator must accept major credit cards for payment.
(f)
The tow 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.
(g)
The following rates are applicable within the purpose and intent
of this article.
(1)
Towing Services
|
Towing Services
|
Rate
| |
|---|---|---|
|
Towing Category 1 Vehicle (all vehicles 0 to 6,000 lbs. GVW)
|
$115.00 per Tow truck/wheel lift; $125.00 flatbed
| |
|
Towing Category II Vehicle (all vehicles 6,001 to 26,000 lbs.
GVW)
|
$165.00 Tow truck/wheel lift; $185.00 flatbed
| |
|
Towing Category III Vehicle (all vehicles 26,001 lbs. and over
GVW)
|
$300.00 per hour Single unit/combination unit
| |
|
Categories I and II nights, weekends and holidays
|
$10.00 extra
| |
|
Winching Cable
|
Category I (above)
|
$1.50 per cable foot
|
|
Heavy Duty Underreach
|
Categories II and Category III only
|
$250.00 per hour
|
|
Recovery- winching
Heavy Duty
One person - one tow truck
|
Categories II and III only
|
$250.00
|
|
Release Brake
| ||
|
Cylinder
|
$15.00 each
| |
|
Bumper Removal
|
$20.00
| |
|
Release Air Brakes
|
$15.00
| |
|
Drop Drive Shaft
|
$15.00
| |
|
Axle
|
$15.00
| |
|
Category I
|
Clean-up
|
No charge
|
|
Category I
|
Absorbent material
|
$10.00 per bag
|
|
Categories I and II
|
Mileage
|
$3.00 per mile
|
|
Inside Storage
|
Category I (above)
|
$40.00
|
|
Inside Storage
|
Category II (above)
|
$65.00 per day
|
|
Outside Storage
|
Category I (above)
|
$20.00 per day
|
|
Outside Storage
|
Category II (above
|
$50.00 per day
|
|
Outside Storage
|
Category III (above)
|
$125.00 per day
|
|
Yard charge I
|
Category (above)
|
$25.00
|
|
Yard charge
|
Categories II and III (above)
|
Prevailing hourly rate
|
|
Jump-Starts
|
$40.00
| |
|
Tire Changes
|
$40.00
| |
|
Lockouts
|
$40.00
| |
|
Road Service/out of fuel
|
$40.00 plus fuel cost
| |
(3)
Other Fees. A minimum of five (5) vehicle spaces will be reserved
for the City of Plainfield Police Division at the storage location.
The tow operator will assess no storage fee. Storage fees in excess
of five (5) spaces shall be charged at the rates established in N.J.S.A.
40:48-2.50, which is:
(A)
A limit of Three Dollars ($3.00) per day for the first thirty
(30) days of storage per vehicle.
(B)
A limit of Two Dollars ($2.00) per day for the thirty-first
(31st) day of storage and any day thereafter; and
(C)
A limit of Four Hundred Dollars ($400.00) per vehicle stored
regardless of the duration of the storage.
[MC 2001-27, June 18, 2001]
Every driver of a tow truck or at the storage location shall
give the customer a receipt for the fee paid.
[MC 2001-27, June 18, 2001]
(a)
Any person, firm or corporation violating the provisions of
this article shall, upon conviction thereof, be subject to a fine
of not more than Five Hundred Dollars ($500.00) for each violation
and each day the same is violated, which shall be deemed a separate
and distinct offense, or to imprisonment for not more than ninety
(90) days or both, in the discretion of the Municipal Court.
(b)
In addition to the above, a violation of any of the provisions
of this article may be cause for suspension or revocation of the rotation
tower's license.
[MC 2001-27, June 18, 2001]
The Police Division of the City of Plainfield shall provide
tow operators, when requested, with the Department of Motor Vehicle
information regarding registered owners and lien holders. This information
requested and 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.
[MC 2001-27, June 18, 2001]
(a)
In the event a complaint is received by the City involving the
improper or unsatisfactory performance of services by a rotation tower,
a violation of this article, excessive charges or damage to motor
vehicle while in the custody of the tower, written notice of same
shall be provided by the Chief of Police to the tow operator involved.
The tow operator shall have the opportunity to respond, in writing,
within seven (7) days.
(b)
Within fourteen (14) days of receipt of the tow operator's response,
or within twenty-one (21) days of receipt of the complaint, if no
response is received, the matter shall be presented by the Police
Chief to the Director of Public Affairs and Safety. The Director shall,
thereafter, consider the matter and may request that the complainant
and the tow operator appear and give testimony regarding the complaint.
If good cause exists, the Director may file a written request with
the Council for suspension or revocation of the license.
[MC 2001-27, June 18, 2001]
(a)
The City Council shall have the right to suspend or revoke any
rotation wrecker license issued, upon written complaint of the Director
of Public Affairs and Safety, and upon determination that there is
good cause for revocation or suspension based upon a violation of
this article. Written notice of such complaint and the basis of the
complaint shall be given upon at least ten (10) days notice to the
tow operator, and said operator shall have an opportunity to be heard.
After considering the matter and the evidence presented, the
City Council shall make its findings and conclusions relative to the
complaint, which shall constitute their decision. If the Council finds
in favor of the complainant and against the rotation tower, the Council
may consider and impose the following penalties:
(1)
Suspension of the rotation tower's license;
(2)
Revocation of such license for a fixed period or duration;
(3)
Permanent revocation of the rotation tower's license;
(4)
Such other penalty as the Council deems just and appropriate
under the circumstances. In considering the imposition of a suspension,
revocation or other penalty, the Council shall take into account factors
including, but not limited to, any prior violations of the tower,
the nature and seriousness of the complaint, the danger to the health,
safety and welfare of the public.
(b)
Failure to surrender the license upon revocation shall constitute
a violation of this article.
(c)
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 any rotation tower in a court of competent
jurisdiction.
[MC 2001-27, June 18, 2001]
(a)
Copies of this article and the schedule of fees that may be
charged by rotation towers shall be made available to the public during
normal business hours at Plainfield City Hall and the Police Department.
Copies shall also be made available to the public at each rotation
tower's place of business.
(b)
All rotation towers shall post, in a prominent place at each
storage area clearly visible to the public, a schedule of the fees
that may be charged for all services provided pursuant to this article.
(c)
The City reserves the right to make periodic unannounced inspections
of personnel, vehicles, equipment and storage areas of all rotation
towers.
(d)
The relationship between a rotation tower and the City 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 rotation tower's list
shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit sharing agreement.
(e)
The City shall not be liable or responsible for compensating
the rotation tower for any of the services performed under this article
unless those services are performed for City vehicles. Compensation
shall be the responsibility of the owner of the towed motor vehicle,
and the rotation tower shall proceed directly against the owner.
(f)
The rotation tower shall, at all times, be solely responsible
for the conduct of its employees. No licensee shall discriminate as
to hiring or employment practices. The licensee shall be required
to sign a nondiscrimination statement.
(g)
The rotation tower shall comply with all State and Federal laws
and regulations concerning wages, hours and terms of employment.
[MC 2001-27, June 18, 2001]
(a)
A junk vehicle is defined as a motor vehicle ascertained not
to be stolen and to be one which can be certified for a junk title
certificate under N.J.S.A. 39:6A-3. If the vehicle is unclaimed by
the owner or other person having legal right thereto for a period
of (15) fifteen business days, the tow operator shall notify the Plainfield
Police Division, Traffic Section, that the vehicle has been held for
the statutory time and that the vehicle is ready for auction in a
public place.
(b)
An abandoned vehicle is defined as a motor vehicle which cannot
be certified for a junk title certificate pursuant to N.J.S.A. 39:10A-3.
If the vehicle is unclaimed by the owner or other person having legal
right thereto for a period of twenty (20) business days, the tow operator
shall notify the Plainfield Police Division, Traffic Section, that
the vehicle has been held for the statutory time and the vehicle is
ready for sale.
(c)
Proceeds from the sale of junk or abandoned vehicles shall be
used to satisfy any towing or storage charges which may have accumulated
on the vehicle, less a Twenty-Five Dollar ($25.00) administrative
fee to offset the reasonable costs incurred by the City for processing,
of notification, publication and conduct of the auction. Excess auction
proceeds shall be paid to the City of Plainfield. If the auctions
proceeds for a vehicle are insufficient to cover the accumulated costs,
due to the tow operator, the tow operator shall waive such excess,
and no further funds shall be due from the City or the purchaser of
the vehicle. This waiver does not apply to the owner or other persons
entitled to the vehicle that shall remain liable for the tow operators'
bill.
(d)
This section governing disposition of unclaimed vehicles will
be administered in accordance with N.J.S.A. 39:10A-1 et seq.
(e)
Pursuant to N.J.S.A. 39:10A-1 on the possession of a motor vehicle
found abandoned, the possession shall be reported immediately by the
Police Division to: (1) Director of the Division of Motor Vehicles
on a prescribed form, for verification and (2) the National Automobile
Theft Bureau.
[MC 2001-27, June 18, 2001]
The Chief of Police is hereby designated to enforce the provisions
of this article as well as the rules and regulations promulgated hereunder
in accordance with due process of law.
