[HISTORY: Adopted by the Mayor and Council of the Borough
of Waldwick 4-28-92 as Ord. No. 5-92; amended in its entirety 4-22-08 by Ord. No. 7-08]
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a tower, but prior to the vehicle actually
having been moved or removed from the property or roadway location.
A vehicle which has been abandoned, impounded or rendered
inoperable as a result of a mechanical failure or involvement in an
accident. A vehicle, the location of which constitutes a hazard to
the motoring public shall be deemed disabled for the purposes of this
ordinance.
An annual list kept by the Borough of Waldwick containing
the names of towing operators who have been approved pursuant to this
ordinance.
The act of storing and confining a vehicle upon an order
from the Police Department at either the towing operator's storage
area or at the Borough facility as a result of abandonment, involvement
in an accident or suspected criminal activity, or disabled as defined
above.
The collision of any motorized vehicle with another motorized
vehicle, pedestrian, animal, debris, or any stationary object which
results in the need for the motorized vehicle to be removed from public
or private roads via towing service.
[Added 9-25-2018 by Ord.
No. 21-2018]
The towing of a motor vehicle from private or public property
without the consent of the owner or operator of the vehicle.
A person, firm, partnership or corporation who owns and/or
operates a vehicle on the roads and highways within the Borough of
Waldwick, which vehicle by reason of being abandoned or disabled on
the public roadways of the Borough of Waldwick requires towing services.
Any parking lot or area owned by a private entity that provides
parking spaces for a fee or requires the permission of the owner,
lessee or agent before a person may park at that location. A private
parking lot includes vehicle parking spaces in an apartment complex
and condominium association.
The moving or removing from public or private property or
from a storage facility at the request of an agent of the Borough
of Waldwick a motor vehicle that is damaged as a result of an accident
or otherwise disabled, recovered after being stolen, or is parked
illegally or otherwise without authorization, or the immobilization
of or preparation for moving or removing of such motor vehicle, for
which a service charge is made, either directly or indirectly.
A person, firm, partnership or corporation engaged in the
business of providing towing and storage services for vehicle towed.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying or removing any and all
kinds of vehicles or parts of vehicles which are unable to be operated
under their own power.
[Amended 2-23-10 by Ord. No. 4-10]
Towing operators who seek to provide wrecking, towing, storage
and emergency road service within the Borough of Waldwick to motor
vehicle owners at the request of the Police Department shall submit
an application to be approved by the Chief of Police upon forms prepared
and provided by the Chief of Police. Upon approval, the towing operator
will be placed on the annual emergency duty call list to be maintained
at the Police Department, in order of the date and time the application
is received. The emergency duty call list shall expire on May 31 of
each year. Any towing operator on the prior year's list will
have to file a new application to be approved for placement on the
new emergency duty call list.
The application shall include as a minimum the following information:
1.
Name of the firm;
2.
Owner(s) of firm;
3.
Address of primary place of business;
4.
Corporate mailing address;
5.
Telephone numbers of firm and owner(s) of firm;
6.
Listing of all vehicles to be used;
7.
Proof of heavy-duty wrecker availability;
8.
Proof of insurance;
9.
Certificate of occupancy from municipality where operation is located;
10.
Responsible party for records maintenance;
11.
Listing of all drivers;
12.
Payment of $300 licensing fee.
The Chief of Police shall approve an application when he finds
that the following requirements have been met by the applicant:
A.
The insurance policies required herein have been obtained by the
towing operator.
B.
The towing operator's wrecker(s) have been properly licensed
and conform to state motor vehicle laws. All wreckers must display
New Jersey commercial license plates.
C.
The towing operator's company name, address and telephone number
are permanently displayed on both sides of the wrecker.
D.
The requirements of this ordinance and all other laws, statutes and
ordinances have been satisfied.
E.
Application fee having been paid.
[Amended 11-9-10 by Ord. No. 19-10]
F.
Any person, firm, corporation or partnership operating a towing and
storage business shall conform to a legally approved zoning and/or
site plan and shall comply fully with all of the local community's
zoning, land use and property maintenance codes. Towing operators
may conduct business and store vehicles outside the boundaries of
the Borough, but at no time be further than 2.5 miles from the Waldwick
Public Safety complex.
G.
Towing operators shall maintain a storage yard with sufficient capacity
for the safe storage of all vehicles towed. The yard shall have a
continuous fence and lockable gate of suitable material not less than
six feet in height. All vehicles towed shall be secured within the
locked storage yard when no employees are present. The storage yard
shall be lighted from dusk to dawn. The business office shall remain
open to the public at least five days a week between the hours of
8:00 a.m. and 6:00 p.m., excluding holidays, and the towing company
shall provide reasonable accommodations for after-hours release of
stored vehicles and shall not charge any additional fees for release
of vehicles after normal business hours or weekends.
H.
All towing operators' trucks must be equipped with either two-way
radio and/or mobile telephone communications equipment with their
principal place of business to ensure the proper availability of services
and equipment on behalf of the Borough and motorists.
I.
All towing operators' trucks shall be equipped with brooms,
shovels and any other street sweeping equipment for the purpose of
clearing debris off the roadways.
J.
All towing operators must guarantee the availability of all services
to the Borough seven days a week, 24 hours a day. In this respect,
a towing operator shall immediately respond to any type of towing
emergency road service or storage call with the appropriate vehicle
and/or equipment within 20 minutes after receipt of the telephone
notification from the police department. Unless heavy or unusual traffic
conditions or inclement weather within the Borough prevents a towing
operator from arriving at the scene within 20 minutes, failure to
respond within the time frame may cause cancellation of that tow and
the appointment of another towing operator to complete the service.
K.
The towing operator shall accept either cash, money order, a check
issued by an insurance company, a valid debit card or a valid major
credit card for all services rendered unless the towing operator had
a bona fide reason to believe the credit/debit card is not valid.
L.
Upon request, prior to providing any towing services, a driver of
a tow truck shall provide the person whose vehicle is to be towed
a written schedule of fees.
M.
When a valid request is made by the owner or operator of a vehicle
that is about to be hooked or lifted but not actually been moved or
removed from a property or roadway, the tow operator shall decouple
the vehicle in lieu of towing upon payment of the appropriate decoupling
fee.
N.
All other requirements appended to the application for approval have
been satisfied.
Emergency duty calls to approved towing operators will be based
upon establishing of a towing operator list for services to be performed
within the Borough of Waldwick. The Chief of Police is hereby authorized
to establish and maintain a system to assign towing operators on the
emergency duty call list to respond to disabled vehicles and impoundments
within the Borough of Waldwick. The towers shall be placed on towing
operator list in order of the date and time the application was received.
The towing operator's charges for towing and related services
provided pursuant to this ordinance shall not exceed the maximum charges
set forth on the fee schedule for removal and storage of vehicles
set forth herein.
The towing operator shall at the time of removing any motor
vehicle in response to a Police request, remove from the public or
private roads or highways all vehicle debris or material in the area
surrounding the vehicle, except for any debris or material which may
be hazardous, such as oil, gasoline, kerosene, or other petroleum
or chemical products. Such cleanup shall be performed by the towing
operator without charge to the Borough of Waldwick or the vehicle
owner. Failure to provide these services satisfactorily may be cause
for suspension or removal from the approved towing operator list as
provided by this ordinance.
The towing operator shall, if called by the Borough of Waldwick,
charge vehicle owners for service which it renders, in no instance
shall the towing operator look to the Borough of Waldwick for payment
of services performed pursuant to this ordinance.
The Chief shall have the right at all times to inspect all wreckers
and storage facilities providing services. Should the Chief at any
time determine that the equipment or storage facilities being used
do not comply with the requirements of this ordinance, he/she shall
have the power and authority to direct the immediate correction or
repair of the same within a specified period of time. The Chief of
Police is also hereby authorized and empowered to establish and publish
from time to time such additional rules and regulations, not inconsistent
herewith, as may be reasonable and necessary in carrying out the provisions
of this ordinance.
The Chief of Police shall have the power to suspend a towing
operator from the emergency duty call list for a period of 30 days
for failing to comply with any section of this ordinance. A subsequent
violation by the towing operator will result in the towing operator's
permanent removal from the emergency duty call list.
The Chief of Police shall investigate all complaints made by
property owners for losses to their vehicles, complaints for excessive
charges, and incomplete clean up pursuant to Article 6. An appeal
of a removal by the Chief of Police may be filed with the Borough
Administrator within 10 calendar days of the Chief's decision.
Upon the filing of an appeal a hearing shall be held by the Waldwick
Borough Council within 30 calendar days after the receipt of the appeal.
The Waldwick Borough Council shall render its determination within
20 calendar days of the conclusion of final hearing date and its determination
as rendered shall be final and conclusive.
Any person who shall violate the provisions of this ordinance shall upon conviction thereof, be liable for penalties prescribed in Chapter 1 of the Code of the Borough of Waldwick.
The towing operator hereby agrees to hold harmless and indemnify
the Borough of Waldwick from any and all obligations, expenses and/or
damages arising out of any claims which may hereafter be asserted
against the Borough of Waldwick by anyone for loss or damages to personal
property, for personal injury, or for any other damages in connection
with the rendering of services pursuant to this ordinance.
[Amended 2-25-03 by Ord. No. 5-03; 2-23-10 by Ord. No. 4-10; 9-25-2018 by Ord. No. 21-2018]
Towing-storage fee schedule.
A.
Fees for towing and storage of private passenger vehicles damaged
in an accident, disabled, impounded by the police or recovered after
being stolen, may not exceed the fees established by the Predatory
Towing Prevention Act (N.J.S.A. 56:13-7 et seq.) or the regulations
promulgated thereto (N.J.A.C. 13:45A-31.1 et seq.).
B.
C.
For any motorized vehicle involved in a motor vehicle crash, the
Towing Operator shall be permitted to charge the fees outlined in
Subsection B, and, additionally, those outlined in Subsections D,
E, and F.
D.
The following is a fee schedule for storage services of all types
of vehicles involved in a motor vehicle crash:
(2)
Outside secured storage facility (per calendar day):
(a)
Under 10,000 pounds: $35.
(b)
Additional axle: $20 each per day.
(c)
Over 10,000 pounds: $75 per day.
(d)
Tandem axle truck: $100 per day.
(e)
Tractor-trailer combo: $140 per day.
For purposes of calculating the above storage fees, a day commences
when the vehicle(s) to be stored arrive at the towing facility and
ceases when the owner(s) retrieves the vehicle(s). For example, if
a vehicle arrives at a towing facility at 5:00 p.m. and the owner
retrieves the vehicle at 4:59 p.m. the next day, the towing operator
shall be entitled to charge a one-day fee. If, however, the owner
retrieves the vehicle at 5:01 p.m. the next day, the towing operator
shall be entitled to charge a two-day fee. The towing operator's
bill shall include a time stamp indicating the time the vehicle arrived
in storage.
F.
Additional services.
(2)
Administration fee: $35. An administration fee is only permitted
in the event the towing operator must make four trips or more to the
vehicle(s) towed while in storage. The trip necessary for the towing
operator to retrieve the vehicle(s) for the owner(s) shall not constitute
a "trip" for purposes of this administrative fee. Such trips shall
include, but not be limited to, faxes, going over car with insurance
adjustors, photographs, and inventory reports.
(3)
Waiting time: $25 per 15 minutes, beginning after the first 15 minutes
on scene.
(5)
Decoupling fee: $50.
(6)
Flatbed fee: $250. Flatbed fee only permitted where flatbed is only
safe means of transportation.
G.
Heavy vehicle recovery (over 16,000 pounds).
(1)
To provide heavy vehicle recovery, the Borough of Waldwick requires
that the licensee have on scene a recovery supervisor with Level 3
certification from the Towing and Recovery Association of America
(TRAA) or another nationally recognized certification.
(2)
To perform heavy vehicle recovery under this chapter the licensee
must:
(a)
Visually document the recovery scene through photos or videotape.
(b)
Prepare a written report of all procedures employed, actions
taken, equipment used and manpower requirements to complete the recovery
process in the safest manner and provide and copy to the vehicle owner
with the statement of services.
(c)
Prepare an itemized billing invoice for all services rendered.
(d)
If the licensee finds it necessary, due to the nature of the
recovery, to contract additional recovery service to supplement its
equipment and manpower recovery, the contracted service providers
must work under the supervision of the licensee. The licensee may
not subcontract the entire recovery. In the event that a heavy-duty
operator is unable to handle the recovery then the next heavy-duty
wrecker on the rotating list shall be called.
(e)
There is a 3% annual cost of living increase on all fees listed
herein.
H.
Waldwick Borough-owned vehicles. Any service provided to Waldwick
Borough-owned/leased vehicles shall be 1/2 of the above-listed rates.
No towing operator shall be called by the Police Department
unless the towing operator has submitted proof to the Chief of Police
that the towing operator is insured by a regular service station or
garage liability insurance policy with the following policy limits:
A.
Liability for personal injury to one person in any one occurrence:
$1,000,000.
B.
Total liability for all personal injuries sustained in any one occurrence:
$1,000,000.
C.
Liability for property damage arising in any one occurrence: $1,000,000.
D.
Liability for damage to property of others while in the care, custody,
and control of the towing operator and for loss or damage by fire
or theft of property of others while in the care, custody or control
of the towing operator for each item of property: $250,000.
Said insurance policy shall be endorsed to include the Borough
of Waldwick as a named insured and shall include a standard severability
of interest clause. Any additional cost for said insurance shall be
paid by the towing operator. Said insurance policy shall provide that
the same cannot be canceled or materially changed without 10 days
prior written notice to the Borough.
If any article, section, subsection or sentence, clause or phrase
of the ordinance shall be held to be invalid for any reason, such
decision shall not affect the remaining portions of this ordinance.
This ordinance will take effect after final passage and publication
as required by law.
