[HISTORY: Adopted by the Mayor and Council of the Borough
of Edgewater 7-15-2019 by Ord. No. 2019-005.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 410,
Towers and Wreckers, adopted 3-19-1997 by Ord. No. 1090-97, as amended.
This ordinance also changed the title of this chapter from "Towers
and Wreckers" to "Towing."
The purpose of this chapter is to provide standards, regulations
and rates for police-requested nonpreference towing and storage services
without competitive bidding in accordance with N.J.S.A. 40:48-2.49
et seq. and N.J.S.A. 40A:11-5(u) under the supervision of the Edgewater
Police Department.
The following words and terms shall have the following meanings,
unless the context clearly indicates otherwise:
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 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.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles,
and is secured by a locking device on each opening.
A towing operator.
An automobile facility that is not indoor and is secured
by a fence, wall or other man-made barrier that is at least six feet
high and is installed with a passive alarm system or a similar on-site
security measure.
An automobile facility that is not indoor and is not secured
by a fence, wall or other man-made barrier, and storage facilities
not defined above as inside a building or outside secured.
The Borough of Edgewater Police Department, State Police,
County Police or other police department that may have jurisdiction
upon the roadways of the Borough.
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.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or an under-reach specifically designed by
a manufacturer that is nationally recognized by the towing industry
for the removal or transport of motor vehicles.
A person, corporation or other form of business entity engaged
in the business of providing a basic towing service to the general
public and storage facilities for vehicles towed.
The towing operator's principal place of business; where
the tow trucks are stationed when not in use.
The Mayor and Council of the Borough of Edgewater shall establish
an annual alphabetical list of approved persons or firms who shall
be utilized by the Police Department on a rotational basis, to provide
towing and storage services for abandoned, wrecked or impounded vehicles
at rates and charges to be set by the Borough. Said list shall contain
the names, addresses and twenty-four-hour telephone numbers of all
approved towing and storage service providers.
A.
Towing operator who meets the standards set forth in this chapter
may be issued a license.
B.
Each such licensed towing operator shall be put on a rotational list
compiled by the Chief of Police of the Borough and shall be called
to respond to the needs of the police on a rotating basis.
C.
The Borough shall have a minimum of four and a maximum of six official
towers. The Borough may have fewer than four official towers if there
are fewer than four qualified applicants who have applied for such
a license from the Borough Clerk.
A.
Storage facilities shall be of sufficient size to properly accommodate
a minimum of 15 vehicles for the Borough of Edgewater. Storage facilities
shall be fenced-in and secured, and be located within a two-mile radius
of the Borough of Edgewater, in an area that permits the towing and
storage of vehicles.
B.
All land proposed to be used as a storage facility must be level
and clear of debris, and must be clearly marked as having the capacity
necessary to store a minimum of 15 vehicles for the Borough of Edgewater.
A.
Each towing operator shall be licensed. The fee for each towing operator who is listed on the call list under § 410-3 shall be $500. Each license shall be issued in duplicate. One copy of the license shall be kept at all times at the location at which the tower is domiciled. Each license shall be valid from the date of its issue through January 31 of its issuance. Licenses shall not be transferable.
B.
Any license issued hereunder may be renewed for additional periods
of one-year upon:
(1)
Submission to the Borough Clerk of renewal application containing the same information as required in § 410-7.
(2)
Presentation of renewed insurance certificates containing the same
information.
(3)
Payment to the Borough Clerk of a renewal fee in the amount of $500 in accordance with § 410-5A. The Mayor and Council have the right to deny, within 45 days after the submission of all items required by the chapter, the renewal of any license if they find that the applicant no longer demonstrates the ability to comply with the terms of this chapter, for any reason specified in § 410-8 hereof, or for other just cause. In the event any renewal of a license is denied, the applicant shall forthwith be notified in writing, which shall specify the reason for the denial. After receipt of such notification, the applicant shall have 10 days in which to make written request to the Borough Clerk for a hearing before the Mayor and Council.
Fees are as follows:
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Cars (light)
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$50 per hour plus parts
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Trucks (medium/heavy)
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$75 per hour plus parts
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Towing - Basic
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Light duty: up to 10,000 pounds hook-up
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$150
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Medium duty: 10,001 to 16,000 pounds
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$250 per hour
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Heavy duty: 16,001 and above
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$500 per hour
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Decoupling fee (if tow is not performed):
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half of basic rate
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Recovery/Winching (in addition to towing - per truck,
including driver)
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Light/medium duty: 10,001 to 16,000 pounds
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$350 per hour
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Heavy duty: 16,001 and above
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$600 per hour
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Specialized Recovery Equipment
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Rotator/crane recovery unit
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$1,200 per hour
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Tractor with landoll trailer or detach trailer
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$450 per hour
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Tractor/transport hauler only
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$250 per hour
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Refrigerated trailer with tractor
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$450 per hour
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Box trailer with tractor
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$400 per hour
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Air cushion unit
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$1,000 per hour
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Light tower
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$250 per hour
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Pallet jack
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$200 flat rate
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Rollers
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$200 flat rate
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Any other specialized equipment
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$250 per hour
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Loader/backhoe/telescopic handler/bulldozer/bobcat
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$300 per hour each
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Forklift
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$300 per hour
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Dump truck/dump trailer with tractor
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$350 per hour
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Roll-off with container
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$350 per hour plus disposal
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Recovery supervisor vehicle
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$150 per hour
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Scene safety equipment, communication equipment, traffic management
equipment, etc.
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$250 per hour each type used
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Recovery support vehicle/trailer additional recovery equipment
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$350 per hour
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Labor (All labor minimum of 1 hour)
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Accident: minor clean-up and disposal of debris
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$75 per hour, one hour minimum, plus absorbent materials used
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Recovery supervisor and/or Level III recovery specialist
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$225 per hour
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Certified towing operator
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$125 per hour per man
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Manual laborers
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$100 per hour per man
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Storage - Per Calendar Day (inside rates two times outside
rate)
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Cars/light trucks ten-foot by twenty-foot space
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$35 per day
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Trucks (dual wheels/single axle)
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$75 per day
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Tractor/dump truck/tractor and trailer combo/trailers
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$125 per day
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Buses
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$150 per day
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Roll-off
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$125 per day for each
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Cargo/accident debris/load storage/vehicle components ten-foot
by twenty-foot space
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$45 per space used per day
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Rental of any tow company supplied trailer post incident
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$500 per day
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Additional Services/Notes
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Fuel/hazmat/cargo spills clean-up and disposal
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Time and material
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Hazmat and trash recovery
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Surcharged 10%
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Subcontractor mark-up
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10%
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Administrative charge (Only after third visit to vehicle)
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Cars only - $50
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Administration charge
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Medium/heavy truck: $200
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After hours release
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$75
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Notification documentation fee
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$50
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Tarping/wrapping vehicle
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$90 per car/$250 per truck
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Fuel surcharge
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Reserved for future need
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Note: After the first hour, all hourly billable rates will be
charged in half-hour increments.
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A.
Except for the occasional solicited towing incident allowed herein,
no towing operator shall operate within the Borough without a license
in accordance with the provisions of this chapter.
B.
Every applicant for a license shall complete, sign and verify a written
application on forms furnished by the Borough Clerk. The application
shall include:
(1)
Name, business address, residential address and telephone numbers
(residence and business) of the towing operator and principal owners
thereof.
(2)
Locations of outside secured and unsecured storage areas for tow
trucks, towed vehicles and all other vehicles used in the towing operator's
business.
(3)
The application shall be accompanied by the following supporting
documentation:
(a)
Zoning certification (issued by Municipal Zoning Officer/Construction
Official) and fire subcode certification (issued by Fire Subcode Official).
(b)
Deed of ownership or lease agreement for storage locations.
(c)
Roster of tow trucks and other vehicles registered and copies
of registrations and insurance cards.
(d)
Roster of employees (by name and address).
(e)
Certificates of garage liability insurance, automobile liability
insurance, garagekeepers' insurance, excess umbrella insurance
and workers' compensation insurance.
(f)
Affirmative action certification.
(g)
Stockholders' certification (if applicable).
C.
Licenses shall expire on February 1 of each year, subject to annual
renewal. Applications shall be filed with the Borough Clerk on or
after January 1 and no later than January 31 of each year together
with the appropriate license and application fee, as established by
the general fee ordinance of the Borough of Edgewater. No more than
one license shall be granted per applicant.
D.
Notwithstanding anything in this chapter to the contrary, no towing
service shall be placed on the approved towing list if:
(1)
A licensee has interest, direct or indirect, in any other license.
(2)
Any individual owning 10% or more of the towing service also owns
10% or more of another towing service already on the approved list.
(3)
The towing service is owned by or owns, in whole or in part, another
towing service already on the approved towing list.
(4)
The towing service shares an address or place of business with another
towing service already on the approved list, unless each business
has obtained a separate certificate of occupancy for said location.
E.
Any license, once issued, is not transferable.
F.
The Chief of Police of the Borough of Edgewater is charged with the
responsibility of investigating new and renewal licensees on an annual
basis. Upon completion of an investigation, the Chief of Police shall
report his/her recommendations to the Borough Clerk. A recommendation
of approval shall be predicated upon the Police Chief's determination
that:
(1)
The applicant is not currently wanted in this or any other state
or jurisdiction for any criminal offense. The applicant shall authorize
a personal background check, commercial, credit and personal references
and such other investigative checks as the Chief of Police may require.
(2)
If a previous licensee, the applicant has met the performance standards
of this chapter, as hereinafter set forth.
(3)
The applicant attests to adequacy of equipment and facilities, availability
and adequate response time and the security of the vehicles towed
or stored all as specified in the standards of this chapter, hereinafter
set forth.
G.
The Borough Clerk shall issue a license to any applicant recommended
for approval by the Chief of Police.
H.
On or about February 1 of each year the Borough Clerk shall furnish
the list of licensees to that year to the Chief of Police and to all
applicants whether approved or not approved.
I.
Any applicant not so approved may appeal to the Borough Administrator.
Any such appeal shall be filed within 10 days after receipt of the
list of licensees from the Borough Clerk. The Administrator shall
undertake a review of the reasons for rejection by the Borough Clerk
and shall make an independent determination based upon the standards
and criteria of this chapter.
A.
The Borough Clerk may revoke any license issued under this chapter
for good cause, upon the recommendation of the Chief of Police. As
used herein, "good cause" shall mean that the licensee has, after
notice and the opportunity to cure or otherwise explain the deficiency
as hereinafter set forth:
(1)
Failed to meet the performance standards and/or failed to meet licensing
standards relating to equipment, insurance and/or the general standards
of this chapter;
(2)
Supplied fraudulent or inaccurate information on the application;
or
(3)
Violated municipal or state regulations, which relate specifically
to performance hereunder.
B.
Written notice of the pendency of revocation action, together with
the basis thereof, shall be given to the licensee. Within 10 days
of receipt of said notice, the licensee may request a meeting with
the Borough of Administrator who shall thereupon schedule same. Upon
good cause shown, the Administrator may grant the licensee 30 days
to cure any deficiency. If the Administrator, after meeting with the
licensee, determines that the license should be suspended, the licensee
shall be given notice of the final action.
C.
Revocation by the Borough Administrator may be appealed to the Borough
Council by written notice to the Borough Clerk within 10 days of receipt
of the licensee of notice of final action of revocation. The Council
shall schedule and conduct a hearing thereon, at which time the licensee
shall be given the opportunity to present and cross examine witnesses
and may be represented by Counsel. The Council shall decide the appeal
no later than 30 days after receipt of notice of appeal by the Borough
Clerk and shall render its decision by a written resolution, stating
its findings and conclusions.
D.
If a license has been revoked, the towing operator may be disqualified
from reapplying for two successive licensing periods.
E.
The Chief of Police may temporarily suspend a license for just cause,
including conviction of a crime or disorderly person's offense
involving moral turpitude.
A.
Minimum vehicle requirements:
(1)
Every official tower shall maintain and have available to render
services required by this chapter a minimum of one regular tow truck,
two flatbed tow trucks and one heavy-duty hydraulic wrecker with under-reach.
(2)
Tow truck classes.
(a)
Regular tow trucks must be equipped with a boom or winch assembly
mounted on the chassis, a dolly assembly, a towing sling, wheel lift
assembly or under-reach, at least 100 feet of three-eighths-inch or
seven-sixteenths-inch cable attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate transporting of
vehicles.
(c)
Heavy-duty wrecker must be fully hydraulic with under-reach.
(3)
Each applicant shall submit, along with its application, proof of
ownership or bona fide lease with a bank or financial institution
of the tow trucks which will be utilized to provide services pursuant
to this chapter.
B.
Minimum equipment requirements.
(1)
All tow trucks shall have two-way communications capability with
dispatching available on a twenty-four-hour basis.
(2)
Every tow truck will be equipped with:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location, visible from 360° when in use,
and visible at a minimum distance of 500 feet during daylight hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber in color.
(d)
Extra chains, cables or tie downs.
(e)
At least one heavy-duty broom, a shovel, crowbar or pry bar,
set of jumper cables, flashlights, one two-pound or larger fire extinguisher
of dry chemical type, one dozen flares or similar devices for placement
at the scene of an accident or behind a disabled vehicle, at least
10 pounds of dry sand or a drying compound for gasoline and oil spills,
and a sufficient quantity and type of tools to enable the tow truck
operator to perform proper and adequate emergency repair services
for the tow.
(3)
Every tow truck shall comply with any and all state, federal and
local laws, regulations and ordinances pertaining to safety, lighting
and towing equipment requirements and shall be subject to inspection
by the Chief of Police or his designee at any time.
(4)
Every tow truck shall display the official towers' license and
shall have the name of the official tower displayed on the tow truck
in such a manner and of such lettering as conforms to the provisions
of N.J.S.A. 39:40-46.
Licensees shall:
A.
When on call, provide towing on a twenty-four hour, seven-day-a-week
basis, including holidays.
B.
Dispatch a tow truck or trucks, as circumstances warrant, when requested
by the police to respond in such a manner that the tow truck arrives
at the scene within 30 minutes under normal and reasonable circumstances.
A failure to respond within 30 minutes on more than three occasions
within a year may result in the tower being removed from the approved
list.
C.
Maintain and operate all tow trucks in accordance with all existing
traffic regulations and in a safe and prudent manner.
D.
Not stop at any accident scene unless directed by the police, except
to notify police of an unattended accident and advise accident victims
that police have contacted the licensee on rotation; and not solicit
or attempt to divert patrons of another towing operator, whether or
not licensed under this section, or solicit prospective patrons of
a given repair service to any other repair service.
E.
Not respond to the scene of an accident except upon notification
by police.
F.
Not tow vehicles without proper authorization from the police at
the scene or the owner or driver at the scene. Upon such authorization
and if not accompanied by the owner or the driver of the towed vehicle,
the licensee shall disclose in writing the location of the storage
facility.
G.
Not release any vehicle impounded or confiscated without proper authorization
from the police.
H.
Notify the police on a monthly basis of unclaimed vehicles.
I.
Be responsible for all vehicles and their contents after towing.
If the vehicle is unattended, the licensee shall make an inventory
of any apparent valuable contents at the accident scene and maintain
said inventory at least until the disposition of the vehicle.
J.
Cooperate with other towing operators in the case of emergency services
at the scene of accidents and/or disasters.
K.
Comply with police instructions at the scene, even if it means countermanding
towing requests by other drivers of disabled vehicles.
L.
Request police assistance during the course of servicing when negotiating
difficult towing operations.
M.
Prior to departure from the accident scene, clean and clear streets
of any debris resulting from any accident, and toward that end carry
the necessary equipment to perform such cleaning services.
N.
Report any dispute between towing operators and/or persons at the
scene to the police; and report to the police any observed disabled
vehicles, accidents or any other activities that may require police
attention.
O.
Not use flashing lights or sirens except as permitted by the police
pursuant to law.
P.
Not tow a vehicle for illegal parking on public property unless so
directed by the police.
Q.
Immediately notify the police in the event that the licensee is not
operational due to mechanical failure, personnel deficiency or other
incapacitating cause.
R.
Maintain written records for at least six years from the date of
the service of all tows performed and all signed acknowledgments of
receipt of vehicles by owners or authorized agents.
S.
Post hours of operation on storage facilities so that the public
may be informed as to when the facilities are open for recovery of
motor vehicles.
T.
Maintain the public portions of storage facilities as a clean and
safe environment for public invitees.
U.
Not park or store an impounded vehicle on any public street or sidewalk
or any outside unsecured area.
V.
Not employ any Borough employee or allow any Borough employee to
have a financial interest, direct or indirect, in the towing operator's
business.
W.
Clear debris from roadway prior to departure from the scene.
X.
If called as a backup tow, the vehicle shall be towed to the yard
of the backup tow.
Y.
Disconnect cables from disabled vehicle battery terminals as to avoid
possible fire hazards.
Z.
Display fee cards, conspicuously indicating the maximum rates for
towing and storage charges, in each tow truck, and present a card
to the driver of the disabled vehicle to be towed. Such a fee card
shall also be conspicuously posted at every storage facility and location
where the vehicle is to be retrieved.
AA.
Accept at least one major credit card for towing services.
BB.
Remit administrative fees to the Borough Clerk monthly.
A.
The maximum rates for towing and storage of vehicles shall be established
by resolution of the Borough Council; provided, however, that no such
rates shall exceed those permitted and as same may be amended or supplanted
by state statute or regulation.
B.
There shall be no storage charge for the first six-hour period following
towing in the licensee's storage premises. In the event that
the person claiming a towed vehicle reports to the police on a day
when, for whatever reason, licensee cannot release the vehicle, the
claimant shall be given written confirmation of the date from the
tour commander. If the vehicle is then claimed from the licensee on
the next regular business day, no storage charge shall be exacted
from the time the vehicle was first claimed until it is actually picked
up.
C.
If the owner of an unattended vehicle appears on the scene and the
vehicle does not need to be towed or impounded, the licensee shall
not charge for the service call, unless the vehicle has been hooked
up to the tow truck, in which event 50% of the authorized towing charge
may be assessed against the owner or driver of the vehicle.
D.
There shall be no charge for towing, storage or impoundment if it
is determined by the Chief of Police that such vehicles have been
towed, stored or impounded due to an error by the towing operator
or the police. This determination shall be in the sole discretion
of the Police Chief and is binding upon the licensee, who shall make
no claims against the Borough or the owner of the vehicle, and if
payment has already been received, the payer shall be reimbursed.
E.
All licensees shall be obligated to tow and to make minor roadside
service repairs to vehicles owned by the Borough of Edgewater in the
event that they become disabled, without charge to the Borough if
towed within the County of Bergen.
F.
The Borough of Edgewater shall retain the right to tow abandoned
vehicles to its own land and retain any money realized from the sale
of such vehicles.
G.
In the event that the Edgewater Police Department requires a vehicle
to be impounded for possible evidentiary value, the licensed tow operator
agrees that said tow shall be at no cost to the Borough of Edgewater,
provided that the vehicle is towed to a location within Bergen County.
This chapter shall not prevent the occasional operation at the
scene of an accident, upon the request of an owner or driver of a
vehicle, of a tow truck that is owned by a person not a licensee hereunder.
Upon the adoption of this chapter, the Borough Clerk shall give
30 days' public notice by newspaper publication of the necessity
of making application for a license to engage in the business of basic
towing service as a licensee of the Borough. In addition, the Chief
of Police shall give notice to all towing operations known to have
engaged in basic towing service in the Borough for the last year.
A.
Any person, firm or corporation violating the provisions of this
chapter shall, upon conviction thereof, be subject to a fine of not
more than $500 or to imprisonment for not more than 90 days, or both,
at the discretion of the Judge of the Municipal Court.
B.
An operator engaged in the removal of motor vehicles, or any employee,
officer or agent thereof, who engages in a pattern of practice of
knowingly violating the fee limits set forth in Section 3 of P.L.
1987 c. 127 (N.J.S.A. 40:48-2.50) may be liable to the municipality
for a civil penalty of not less than $25 nor more than $50 for each
motor vehicle stored with the operator.
A.
In the event that a complaint is received by the Borough involving
the improper or unsatisfactory performance of services by an official
tower or excessive charges or damage to a motor vehicle in the custody
of the tower, written notice of same shall be provided by the Borough
Clerk to the official tower involved. The tower shall have the opportunity
to respond, in writing, within five days.
B.
Within 14 days of receipt of the tower's response or within
21 days of receipt of complaint, if no response is received, the Borough
Clerk shall present the matter to the Mayor and Council.
C.
The Mayor and Council shall consider the matter at a public hearing
and may request that the complainant and the tower involved appear
and give testimony regarding the complaint.
D.
If after considering the matter, the Mayor and Council shall determine
that one of the causes for revocation of the official tower license
exists, the license shall be revoked and tower shall surrender it
to the Borough Clerk within one day.
E.
Failure to surrender the license upon revocation shall constitute
a violation of this chapter.
F.
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 an official tower in a court of competent
jurisdiction.
A.
All fees to be paid to an operator by a municipality for the storage
of removed motor vehicles shall not exceed the following:
(1)
A limit of $3 per day for the first 30 days storage per vehicle;
(2)
A limit of $2 per day for the 31st day of storage and any day thereafter;
and
(3)
A limit of $400 per vehicle stored regardless of the duration of
the storage, except that the Division of Local Government Services
in the Department of Community Affairs may grant a waiver for good
cause upon the request of a municipality.
B.
An operator engaged in the removal of motor vehicles, or any employee,
officer or agent thereof, who engages in a pattern or practice of
knowingly violating the fee limits set forth in Section 3 of P.L.
1987, c. 127 (N.J.S.A. 40:48-2.50) may be liable to the municipality
for a civil penalty of not less than $500 nor more than $1000 for
each motor vehicle stored with the operator.
A.
Indemnity. The applicant shall agree in writing to defend, indemnify
and hold harmless the municipality from any and all claims for bodily
injury, personal injury or property damage against the municipality
arising out of the operation of any towing services or repairs under
this agreement. The applicant shall further defend the municipality
in connection with any claim, demand, suit or action brought against
the municipality arising out of the awarding or operation of any towing,
garage or repair service under this agreement at the applicant's
expense.
B.
Insurance requirements.
(1)
Garage liability insurance. Limit of liability shall not be less
than $3,000,000 combined single limit (bodily injury and property
damage) per occurrence, including premises, operations and products/completed
operations.
(2)
Automobile liability insurance. Limit of liability shall not be less
than $3,000,000 combined single limit (bodily injury and property
damage) per occurrence.
(3)
Garagekeepers' insurance. Liability insurance shall be provided
for vehicles in tow, possession of, or storage on property owned or
controlled by the towing operator. Limit of said coverage shall not
be less than $3,000,000.
(4)
On all liability policies, the municipality shall be added as an
additional insured, and an insurance certificate shall indicate such
coverage as primary coverage notwithstanding any insurance carried
by the municipality.
(5)
Workers' compensation insurance. Statutory coverage, including
liability coverage with a limit of at least $500,000/$500,000/$500,000.
(6)
The contractor shall indemnify the municipality and the public against
any loss due to injuries, accidents or damages of any type whatsoever
where any such damage is the result of an act or omission of the towing
operator, his agents or employees in or due to the execution of the
work under the contract.
(7)
The applicant shall provide the municipality with certificates of
insurance, evidencing the coverage required above. Such certificates
shall provide that the municipality shall be given 30 days' prior
written notice of any cancellation of, intention not to renew, or
material change in such coverage by certified mail, return receipt.
Certificates must be provided before commencing work in connection
with the contract. Failure to submit this shall subject to the towing
operator to immediate disqualification.
(8)
The providing of any insurance required herein does not relieve the
towing operator of any of the responsibilities or obligations assumed
by the towing operator for which the towing operator may be liable
by law or otherwise.
The following provisions shall apply to any towing operator and/or booting service when engaged by the owner or other person in control or possession of private property to remove therefrom or boot an unauthorized vehicle, pursuant to the provisions of N.J.S.A. 39:4-56.6 and Chapter 410 of this Code.
A.
No towing operator shall conduct a trespass tow of a Class A vehicle
from a private parking lot for compensation when the point of origin
is within the jurisdictional limits of the Borough of Edgewater, without
complying with the provisions of this chapter.
B.
Posting of warning signs.
(1)
No vehicle shall be towed from a private parking lot for designated
parking violations unless a sign is conspicuously posted and clearly
visible from all vehicle and pedestrian entrances to the property,
indicating the following:
(a)
A warning that the property is a private tow-away zone and a
vehicle not authorized to park on the property will be towed at the
owner's expense.
(b)
The telephone number of the person or entity from whom a towed
vehicle can be recovered.
(c)
A statement that the vehicle may be recovered between the hours
of 7:00 a.m. to 9:00 p.m. on any day.
(2)
A warning sign is not required as a condition precedent to towing
a vehicle blocking a private entrance, exit, driveway, fire lane or
loading area; neither shall this section apply to statutory parking
violations relating to handicapped parking or nonconsensual tows directed
by a governmental enforcement officer.
C.
No towing service operating within the Borough of Edgewater shall
tow a vehicle or charge for its services where the registered owner
or other legally authorized person in control of the vehicle arrives
at the scene prior to towing the vehicle from the lot and:
D.
No vehicles removed from private property shall be stored on public
property, including public streets.
E.
No vehicle shall be removed to a storage facility located at a distance
no greater than two miles from the municipal boundaries of the Borough
of Edgewater.
F.
No towing operator engaged by a private party shall charge rates
greater than those authorized by this chapter; nor shall any charge
be made for any service not specifically set forth in this chapter.
G.
Whenever a vehicle is towed from private property, the Police Department
of the Borough of Edgewater shall be notified, within five minutes
of the time of removal, as to the reason of the towing; the year,
make and license number of the vehicle; the name and address of the
owner, if known; the name and address of the towing operator; and
the address or location to which the vehicle is being towed.
H.
No booting of any vehicle is permitted.
I.
Proof of insurance must be provided to the Edgewater Police Department.
If any provision or portion of this chapter is held to be unconstitutional,
preempted by federal or state law, or otherwise invalid by any court
of competent jurisdiction, the remaining provisions of the chapter
shall not be invalidated and shall remain in full force and effect.
This chapter shall take effect immediately upon final publication
as required by law.
All ordinances and parts of ordinances which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency.
