[HISTORY: Adopted by the Mayor and Council of the Borough
of Harrington Park 12-16-2019 by Ord. No. 743. Amendments noted where applicable.]
The purpose of this chapter is to establish, pursuant to N.J.S.A.
40:48-2.49:
A.
An individual or entity seeking placement on the towing list shall
be required to submit an application and receive the approval of the
Police Department of the Borough of Harrington Park ("Police Department")
prior to the issuance of a license.
B.
All applicants are required to complete a form furnished by the Police
Department, providing any and all information prescribed by the Chief
of Police of the Borough of Harrington Park ("Chief of Police"). Any
application deemed incomplete will be disregarded without any further
notification.
C.
Each towing contractor ("towing contractor") must be able to demonstrate
to the Borough that it is thoroughly qualified and experienced in
the towing and removal of vehicles of all types, and that it has adequate
facilities, equipment, expertise, licensing, and personnel to perform
the services required by these specifications in a manner satisfactory
to the Police Department.
D.
The Police Department shall conduct a background check of the towing
contractor, its officers and employees prior to making a determination
of placement on the towing list.
E.
A license may be denied, suspended, or revoked upon any of the following
grounds:
(1)
Submitting a fraudulent or misleading application.
(2)
A criminal conviction of the towing operator or a named principal
of the towing operator.
(3)
Failure to respond reliably to calls for assistance or any other
unsatisfactory performance action which interferes with the proper
operation of the rotating system maintained by the Police Department.
(4)
Failure to utilize safe and adequate equipment as defined herein.
(5)
Violations of motor vehicle laws and/or municipal ordinances.
(6)
Failure or refusal to tow or remove a motor vehicle when requested
to do so by an appropriate municipal official.
(8)
Violations of the provisions of this chapter or any of its rules,
regulations, and policies promulgated hereto.
F.
Licenses shall be applicable for a one-year term, which shall commence
January 1 through December 31. An application must be submitted to
the Police Department on or before December 1 for review to serve
for the succeeding year. All applications shall be accompanied by
a nonrefundable fee in the amount of $125.
G.
Licenses shall be renewed annually by December 31 of the preceding
year. Towing contractors already on the towing list will receive a
renewal application by mail. The renewal fee shall be in the amount
of $75.
A.
When an application for a license is denied by the Borough of Harrington
Park, the applicant may serve a notice requesting a hearing. Said
notice shall be served on the Borough Clerk and the applicant shall
set a hearing at a regularly scheduled meeting of the governing body.
B.
Proceedings for the suspension or revocation of a license shall be
initiated by the service of a notice setting forth the charges proffered
against the towing contractor. Said notice shall be served by the
Chief of Police or his/her designee, either personally or via certified
mail, return receipt requested, and shall contain a date, time and
place for a hearing to be held by the governing body of the Borough
of Harrington Park. The towing contractor shall have the right to
file an answer to the notice and to appear in person, or be represented
by counsel, and give testimony at the place and time fixed for the
hearing.
B.
The Police Department will call the towing contractor on the top
of the towing list on the towing rotation schedule, on an as-needed
basis. The towing contractor that is called, if it shall perform any
of the services covered by this chapter, shall be placed at the bottom
of the towing list and not called again until all other on-call towing
contractors on the towing list have been called.
C.
If a towing contractor is unavailable to perform required services
when called upon by the Police Department, for any reason whatsoever,
the towing contractor shall be charged with a call and placed at the
bottom of the towing list, and the next available on-call towing contractor
shall be called.
D.
If a towing contractor, after being dispatched, is recalled and is
not required to perform any duties or services covered by this chapter,
the towing contractor shall remain on the top of the towing list.
However, if a towing contractor arrives at the scene of an incident
in which its services are required and cannot perform said services,
it shall lose its place on the towing list, and the next on-call towing
contractor on the towing list shall be called.
A.
All towing contractors placed on the towing list shall be available
24 hours per day seven days per week, to respond to a call in accordance
with the towing rotation schedule of on-call status established by
the Chief of Police.
B.
All towing contractors shall respond to a call in any part of the
Borough within 15 minutes. If a towing contractor does not respond
within 15 minutes of a call, the towing contractor next on the list
shall be called and entitled to provide services as needed, and the
first towing contractor shall forfeit any claim to compensation.
C.
All drivers and operators of towing vehicles shall be properly licensed
to operate a motor vehicle within the State of New Jersey and are
subject to driver's license checks by the Police Department at
the time of registration and at least on an annual basis thereafter.
All towing vehicles shall be properly registered and inspected in
accordance with the applicable laws.
D.
All drivers and operators of towing vehicles must tow their vehicles
in a safe manner.
E.
All towing contractors shall be capable of providing reasonable roadside
services to disabled vehicles such as, but not limited to, jump-starting,
changing of flat tires and providing fuel. Such services shall only
be performed if they can be done safely, as determined by the police
officer on the scene.
F.
All towing contractors shall make available a copy of their basic
rates and a business card to all owners and operators of motor vehicles
which will be towed.
G.
All towing contractors shall keep accurate records of all motor vehicles
towed and stored at the direction of the Police Department. A copy
of such records shall be provided to the Borough upon request.
H.
Towing contractors shall not remove any motor vehicle which has been
abandoned or involved in an accident in any public roadway without
first notifying the Police Department.
I.
The owner of a motor vehicle shall have the right to request a towing
service only if there is no emergency situation or imminent road hazard
as determined by the Police Department.
J.
The towing contractor shall notify the Police Department of all vehicles
found by the towing contractor to have been abandoned and not claimed
within 14 days after being stored. The Police Department shall, upon
notification, expeditiously process the vehicle in accordance with
the New Jersey Motor Vehicle Code concerning abandoned and unclaimed
motor vehicles.
K.
In the case of multiple vehicles, the towing contractor or the Police
Department may request the help of another towing contractor on the
towing list.
A.
All storage facilities operated or used by towing contractor shall
meet all local zoning and code requirements, and must be located within
four miles of the geographic center of the Borough of Harrington Park
or within the Borough.
B.
All towing contractors shall have an indoor storage facility at their
disposal for motor vehicles which have been involved in criminal activity
and impounded by the Police Department.
C.
All storage facilities shall have a business office open to the public
between normal business hours at least five days a week, excluding
holidays.
D.
All outside storage facilities shall be secured and fully enclosed
by a sturdy fence having a minimum height of six feet, with a lockable
gate for ingress and egress, and shall be lighted from dusk to dawn.
E.
A towing contractor shall not charge a release fee or other fee for
releasing motor vehicles to their owners after normal business hours
or on weekends.
The following fees are established as being the usual and customary
rates for towing and storage of automobiles, trucks, vans, motorcycles,
mopeds, and scooters:
A.
A fee in connection with towing services for impounded or abandoned
vehicles shall be in the amount of $100 per vehicle and includes mileage.
B.
Towing in connection with accident calls shall be at a minimum in
the amount of $100 per vehicle. Additional time spent at the accident
scene over 1/2 hour shall be in the amount of $70 per hour.
C.
Storage fees shall be in the amount of $35 per day.
D.
Service calls, which constitute any service other than towing, use
of flatbed, or winching, shall be in the amount of $75 per call to
the scene.
E.
A decoupling fee shall not exceed $25.
F.
Towing and storage of vehicles 16,000 pounds and over shall not exceed
those fees established for towing vehicles as established and accepted
by the New Jersey State Police.
A.
The owner or operator of any motor vehicle requiring towing or storage
shall have the right to remove all personal items and effects from
the motor vehicle unless the Police Department has placed a police
hold on any such items.
B.
The motor vehicle owner or his or her representative shall have the
right to take photographs of any stored vehicle for insurance purposes.
C.
Upon request of the motor vehicle owner or his or her representative,
a towing contractor shall provide a detailed and itemized bill for
all services rendered.
A.
All towing vehicles providing towing services herein shall meet all
of the requirements of Revised Statutes Title 39, "Motor Vehicles
and Traffic Regulation".
B.
All towing vehicles must have radio equipment with a twenty-four-hour
dispatch service or a cellular telephone for the purpose of maintaining
communications with the Police Department radio desk.
C.
All towing vehicles must be equipped with at least one fire extinguisher,
safety chains, substances for application to small liquid spills,
and stiff push brooms to clean debris at the scenes, one broom and
shovel, emergency warning lights, and one set of dolly wheels.
Owners of vehicles towed shall be responsible for all fees for
services rendered. The tow operator shall look solely to the owner
for payment of fees.
Towing contractors shall be required to purchase, maintain and
provide, during the time of service on the towing list, proof of insurance
furnished by a reputable insurance company licensed to do business
in the State of New Jersey containing the following coverage:
A.
Fire, theft, collision and comprehensive including vandalism and
malicious mischief in the minimum amount of $50,000.
B.
Liability and property damage insurance covering the towing contractor's
business, equipment and other vehicles in the minimum amount of $500,000
for single-limit coverage and $100,000 for all damages arising from
the injury.
C.
Worker's compensation insurance as required by law, including
but not limited to statutory New Jersey worker's compensation
benefits, and employers' liability in the minimum amount of $100,000.
A.
All violations of this chapter, and all complaints by the public
or Police Department against any towing contractor, shall be forwarded
to the Mayor and Borough Council.
B.
The Mayor and Borough Council, in their discretion, shall determine
if any complaint or violation against a towing contractor is of such
a serious nature as to warrant a hearing and possible disciplinary
measures. If the Mayor and Borough Council decide that a hearing is
required, it shall, upon proper notice to all interested parties,
conduct a hearing in which all parties may present evidence. If, after
a hearing, the Mayor and Borough Council find that a towing contractor
has violated any provision of this chapter, it may in accordance with
the gravity of the offense:
(1)
Fine the violating party an amount not exceeding the sum of $1,000.
(2)
Suspend the violating party from the towing list for a period of
time not exceeding three months for a first offense; not exceeding
six months for a second offense; and not exceeding one year for a
third offense.
(3)
Permanently remove the violating party from the towing list for any
violation after its third offense.
The towing contractor shall execute a separate certification
stating that it will hold harmless, indemnify and defend, at the towing
contractor's expense, the Borough, its employee and officials
from any and all claims, demands, suits or actions for personal injury
or property damage brought against the Borough, its employees, and
officials for any activities which arise out of any services performed
pursuant to this chapter.
All ordinances or parts of ordinances inconsistent or in conflict
with this chapter are hereby repealed as to said inconsistencies and
conflicts.
If any section, part of any section, or clause or phrase of
this chapter is for any reason held to be invalid or unconstitutional,
such decision shall not affect the remaining provisions of this chapter,
and each section and subsection thereof, irrespective of the fact
that any one or more of the subsections, sentences, clauses or phrases
may be declared unconstitutional or invalid.
This chapter shall take effect immediately upon passage and
publication according to law.
