Borough of Franklin Lakes, NJ Towing

Name and address of the applicant.

Residence address and full local address, if any, of the applicant.

A list of serial/VIN number and registration certificates of each vehicle to be operated by the applicant.

Location of storage area for wreckers and cars and the amount of available space for storage of towed cars.

(5)

Policies or certificates of insurance coverage as hereinafter provided.

(6)

Consent to appointment of the Borough Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.

(7)

Agreement to be available for release of towed vehicles during normal operating business hours.

[Amended 6-18-2019 by Ord. No. 1788]

(8)

Agreement to be available to tow vehicles 24 hours per day, seven days a week.

(9)

Names and addresses of three business references.

(10)

Sketch plan showing the location of the storage area, the number of cars that can be stored, and the total square footage area of the outside secured storage area.

(11)

Proof of ownership or lease of the outside secured storage area.

(12)

Proof of ownership, lease or other written agreement demonstrating availability of the vehicles which will be utilized to provide services pursuant to this chapter.

(13)

Agreement to indemnify and hold the Borough, its officers, agents and employees harmless from any and all liabilities, claims, costs, penalties, fines, and attorney's fees arising out of the towing, wrecking, storage and/or emergency services provided by the tow vendor at the request of the Borough pursuant to this chapter.

(14)

A detailed description of any and all disciplinary proceedings and/or investigations pertaining to the applicant and its employees, as it relates to the towing business.

(15)

Identity of any and all criminal arrests and offenses for all officers and employees of the applicant, indicating the date of the incident or arrest, type of offense, court disposition of charges, including the sentence imposed.

(16)

The consent of the applicant and all employees to a criminal background check and driver's license abstract search and the social security number, driver's license number and date of birth of such persons for purposes of conducting criminal background checks.

(17)

A detailed itemization of all of the applicant's equipment to ensure compliance with § 446-11 of this chapter.

§ 446-4 Filing of application; investigation by Chief of Police.

The applicant shall file the completed application forms in duplicate with the Police Department of the Borough along with $150 application fee.

The Chief of Police or an officer assigned by him shall conduct a review and shall recommend either approval or denial of the application within 21 days of the filing of the application.

The Chief of Police or an officer assigned by him shall be charged with the investigation of prospective licensees and shall recommend the issuance of a license when he finds that:

The public convenience and necessity require the proposed wrecker service for which application has been submitted.

The applicant and all employees are fit and proper persons to conduct or work in the proposed business.

The application submitted by the applicant complies with the requirements of this chapter and all other applicable ordinances of the Borough.

Inspection; recommendations. After such examination of the applications and such inspections as the Borough Chief of Police may consider necessary to evaluate the applicant's compliance with, and ability to continue to comply with, the requirements of this chapter, the application shall be approved or denied by the Chief of Police or his designee based upon his examinations, inspections, and evaluations.

Applicants and licensees shall cooperate with any and all investigations conducted by the Borough of Franklin Lakes Chief of Police or his designee or other law enforcement agency working in conjunction with the Borough Police. The requirement of cooperation shall continue throughout the period of the application and the duration of the license and the storage of vehicles (even if license is no longer in effect).

Basis for denial of license. A license may be denied following the examination of the application and inspections, in the sole discretion of the Chief of Police or his designee, for reasons including, but not limited to:

Fraud, misrepresentation or false statements in the application;

Incomplete or inaccurate application;

Criminal history;

Inability to provide safe, prompt and efficient services pursuant to the requirements of this chapter; or

(5)

The inability and/or refusal to meet any of the requirements of this chapter.

§ 446-5 Issuance of license; contents; expiration date; record of issued licenses; fee.

The Police Department shall promptly notify the applicant of the approval of its application and shall issue the license.

The license shall contain the following:

Name and address of licensee.

Number of the license and amount of fee paid.

Date of issuance of the license and expiration date.

Signature of Police Chief.

[Amended 6-18-2019 by Ord. No. 1788]

All licenses shall expire on December 31 of the year issued unless an earlier expiration date is indicated on the license.

The Police Department shall keep a record of all licenses issued.

The license fee for the license issued under this chapter shall be $500 to be paid upon issuance of the license. No portion of this fee shall be prorated for any part of the year.

§ 446-5.1 Tow vendors rotational list.

[Amended 6-18-2019 by Ord. No. 1788]

The Chief of Police shall establish a tow vendors' rotational duty service list. The Police Department shall call the towing operators in sequential order as set forth by the Chief so that each towing operator will be given the opportunity to respond to individual calls as received by the Borough. There may be multiple rotational lists maintained to provide for the different types of towing services, such as passenger vehicle tows and heavy duty. The Police Department shall have the right to call the next towing operator on the list should a towing operator fail to respond to a call within 30 minutes or if the first operator called cannot be reached by telephone or advises that he or she is unable to respond.

§ 446-6 Nontransferability and display of license.

A license issued under this chapter shall not be transferable.

Each licensee shall produce his license whenever called upon to do so.

§ 446-7 Fees for towing and storage of vehicles; heavy-duty recovery requirements; release of vehicles.

[Amended 6-18-2019 by Ord. No. 1788]

Fees. Towing fees and other charges shall conform with the schedule of fees as adopted by New Jersey State Police/GSTA rates published and updated on annual basis. A copy of said schedule of fees is available for review in the Police Department.

Heavy-duty recovery requirements.

To perform heavy-duty vehicle recovery under this section 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 a copy to the vehicle owner with the statement of services.

(c)

Prepare an itemized billing invoice for all services rendered.

If the licensee finds it necessary, due to the manner 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 rotational list shall be called.

All tow contractors licensed and authorized to operate in Franklin Lakes shall be required to respond to calls for emergency roadside service. Tow trucks responding to calls for emergency roadside service must be equipped to jump start vehicles and change tires, and must have a spare tank of at least two gallons of gasoline and two gallons of diesel fuel.

If a vehicle is towed by a licensee to premises controlled by the Franklin Lakes Police Department or any other agency designated by it for the purpose of utilizing the vehicle or its contents as evidence, or in an ongoing criminal investigation, such vehicle shall not be released from Police Department custody, except to the licensee, unless the owner of the vehicle furnishes the Police Department with a receipt that all applicable fees for towing and/or service have been paid in full. A second fee may be charged if the vehicle is removed to the licensee's storage area or other destination desired by the police or owner.

In the event the Borough directs that a towed vehicle not be released by the tower because the vehicle is subject to an ongoing police investigation, no storage fee shall be charged to the Borough.

Notice of fees. Tow contractor shall at all times have a copy of the fee schedule set forth by this chapter displayed in visible sight for public inspection at its place of business. All tow trucks shall have a copy of schedule of fees available, if a vehicle owner should request. Any charges to a vehicle owner where the copy of the fee schedule set forth by this chapter was not on display or readily available by tow truck operator when requested by vehicle owner shall be considered a violation of this chapter and shall preclude the tower from charging the vehicle owner for the services rendered. Failure to provide said notice shall also be considered a violation of this chapter and shall subject the tower to fines set forth by this chapter and a loss of license.

Release of vehicles.

The owner of a vehicle impounded by the Franklin Lakes Police Department (vehicles taken under legal authority or without the owner's consent) shall pay an impound fee of $75 to be collected by the tow vendor on behalf of the Borough of Franklin Lakes in order to have the vehicle released. This fee is in addition to any towing or storage fees charged by the towing vendor. This fee will be paid by the owner to the tow vendor prior to release of the vehicle. The tow vendor will collect the impound fee and submit the fee monthly to the Borough of Franklin Lakes Police Department along with their copies of the tow receipts. A fee of $50 shall be due and payable to the tow vendor for each check returned for insufficient funds or for any other reason. Upon payment of the appropriate storage fee and authorization from the Franklin Lakes Police Department, where applicable, the tower shall release the towed vehicle to the vehicle owner or an authorized designee. The tower is not required to release a vehicle after normal operating business hours. In the event the tower is available to release a towed vehicle after normal operating business hours, then the tower shall be entitled to an after-hours vehicle release fee in accordance with the schedule of fees as adopted by the New Jersey State Police/GSTA Fee Schedule. If the owner of a towed vehicle has not contacted the tow vendor within seven days to discuss its intent regarding the vehicle in the tow company's possession, the towing vendor shall request title and lien information from the Franklin Lakes Police Department's authorized service company, and if no such company is contracted, directly from the FLPD. Tow vendor shall notify the owner and any lienholder via certified mail immediately upon receipt of title and lien information. If notification is required to owner and/or lienholder, a notification fee in accordance with the schedule of fees as adopted by the New Jersey State Police/GSTA Fee Schedule may be applied.

The notice shall be sent certified mail and contain the following:

(a)

The name and address of the owner of record and the holder of any security interest;

(b)

The location where the vehicle is being stored;

(c)

Schedule of costs imposed for storing the vehicle and instructions explaining how owner of record or the security interest holder may claim the stored vehicle;

(d)

A statement that a sale or disposal of the motor vehicle will occur in accordance with N.J.S.A. 39:10A-1 through 39:10A-7 if the vehicle is not claimed within 30 days.

The address of the owner and lienholder as shown on the records of the New Jersey Motor Vehicle Commission, or any other state's equivalent agency, shall be deemed sufficient for the purpose of this chapter.

Vehicles not claimed. Vehicles not claimed within 30 days shall be deemed abandoned and procedures set forth in Chapter 461 and N.J.S.A. 39:10A-1 through 39:10A-7 shall apply.

§ 446-8 Insurance.

The tow contractor shall maintain, during the life of its license, insurance policies of the type and with the minimum limits indicated below and in a form satisfactory to the Borough. The tow contractor shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the Borough prior to commencement of work.

Garage liability insurance. Limit of liability shall not be less than $500,000 combined single limit (bodily injury and property damage) per occurrence, including premises operations and products/completed operations.

Automobile liability insurance. Limit of liability shall not be less than $500,000 combined single limit (bodily injury and property damage) per occurrence.

Garage keepers' legal liability insurance. Physical damage insurance policies shall be specifically endorsed to provide direct primary insurance, where applicable, for vehicles in tow, possession of, or storage on property owned or controlled by the tower. Limit of said coverage shall be not less than $100,000.

Excess umbrella insurance. Limit of liability shall be not less than $1,000,000 providing protection in excess of the $500,000 garage and auto liability coverage. This requirement may be waived if the limits of liability in Subsections A and B are not less than $1,500,000 combined single limit.

On all liability policies, the Borough shall be added as an additional insured, and insurance certificates shall indicate such coverage as primary coverage notwithstanding any insurance carried by the Borough.

Workers' compensation insurance. New Jersey statutory coverage, including employers' liability coverage with a limit of at least $500,000/$500,000/$500,000.

The tow contractor shall indemnify the Borough and the public against any loss due to injuries, accident or damages of any character whatsoever where any such damage is the result of act or omission of the tow contractor, his agents or employees in or due to the execution of the work called for under the contract.

Certified copies of all insurance policies provided above or certificates thereof satisfactory to the Borough shall be provided. Each such policy or certificate shall contain a provision that it is not subject to change, cancellation or nonrenewal unless 30 days' prior written notice, via certified mail/return receipt, shall have been given to the Borough by the tower's insurer. These must be received 30 days prior to commencement of work.

The providing of any insurance required herein does not relieve the tower of any of the responsibilities or obligations as assumed by the tow contractor for which the tow contractor may be liable by law or otherwise.

If any policies contain deductibles or copayments, it shall be the responsibility of the tow contractor to pay such sums at the same time a claim is settled by the tow contractor's insurance company.

If any policies contain limits of liability with an aggregate limit, the tow contractor or tow contractor's insurance company shall provide the Borough, quarterly during the policy period, a statement evidencing the limits of liability required under the contract to be in force.

Failure to provide and continue in force such insurance as required above shall be deemed a violation of this chapter and shall be cause for immediate revocation of the tow contractor's license.

All policies shall be written by either a company licensed to do business in the State of New Jersey or a New Jersey eligible surplus lines company, with a minimum Best rating A-X. They shall be written on an ISO (Insurance Services Office) form or better.

§ 446-9 Availability of applicant.

No license shall be issued to an applicant hereunder unless he or his employees will be available at his business premises on a twenty-four-hour basis to tow disabled vehicles. Said business premises shall be located no further than six miles from the border of the Borough of Franklin Lakes.

§ 446-10 Agent for service of process.

No license shall be granted to a wrecker unless and until he has appointed the Borough Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service of any court of competent jurisdiction to be served against the applicant.

§ 446-11 Minimum standards of performance.

In addition to all of the other requirements and regulations contained herein, all tow vendors will comply with the following requirements:

All wreckers must have sufficient storage area on their own premises to store not less than 10 towed vehicles.

[Amended 6-18-2019 by Ord. No. 1788]

Tow vendors will provide a thirty-minute response time from the time of call from the Franklin Lakes Police Department Communications Center (FLPDCC) to the time of arrival at the tow request location.

[Amended 6-18-2019 by Ord. No. 1788]

The vendor shall notify the FLPDCC if it is unable to meet the thirty-minute response time of an accepted call. Failure to do so will result in suspension of the vendor.

[Amended 6-18-2019 by Ord. No. 1788]

Vendor is to accept payment by cash, and must accept at least two major credit cards (i.e., MasterCard or Visa).

[Amended 6-18-2019 by Ord. No. 1788]

The Police Department will establish separate, general-duty and heavy-duty rosters. The Police Department reserves the right to determine which service is appropriate for a given call.

[Amended 6-18-2019 by Ord. No. 1788]

The Police Department will provide vendors with invoices to be used for all Police Department requested tow services. These forms will need to be completed and used for all tow services.

Vendors shall submit copies of all invoices to the Police Department Traffic Bureau on the first of every month and no later than the fifth of the month. Vendors will be suspended from towing if invoices have not been submitted.

Vendors are prohibited from using subcontractors unless approved by FLPD at the scene to aid in clearing the scene.

[Amended 6-18-2019 by Ord. No. 1788]

Vendors are prohibited from using tow vehicles not listed on the application. Applications may be updated at the vendor's request. Vendors will be suspended from towing if they utilize vehicles not listed on the application.

[Amended 6-18-2019 by Ord. No. 1788]

Vendors are prohibited from using tow vehicles, drivers or employees not listed on the application. Applications may be updated at the vendor's request. Vendors will be suspended from towing if they utilize drivers or employees not listed on the application.

[Amended 6-18-2019 by Ord. No. 1788]

In the event patrons are unable to pay for tow services, vehicles will be towed to the vendor's designated storage facility until payment is made. Vendors will be entitled to storage fees as set forth in § 446-7.

Vendors will tow Borough vehicles at no charge to the Borough.

All equipment shall comply with all state and federal regulations, and all vehicle operators shall possess a commercial driver's license for over 18,000 pounds.

Every tow vehicle or flatbed shall comply with 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.

Every tow vehicle or flatbed shall be properly licensed and registered with the New Jersey Division of Motor Vehicles. Every tow vehicle or flatbed shall display New Jersey commercial license plates or apportioned license plates.

[Amended 6-18-2019 by Ord. No. 1788]

Drivers of towing vehicles and flatbeds shall obey all traffic laws and regulations.

Tow vendors shall maintain an outside secured storage area meeting the following requirements:

The location of the storage area shall be either within the limits of the Borough or at such location outside the Borough as to facilitate reasonable towing distances.

The storage area shall be in an area legally zoned for such use.

The tow vendor shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this chapter. The tow vendor shall be liable for any damage incurred by such vehicles while in transit or while stored in the storage areas.

§ 446-12 Enforcement.

The governing body hereby designates the Police Department generally and the Chief of Police in particular as the agent to supervise the enforcement of the terms and provisions of this chapter and the rules and regulations adopted hereunder.

No individual owner or operator of a wrecker shall respond to the scene of an auto accident except upon notification by the officer in charge of police headquarters or upon request of the driver or owner of the vehicle involved.

The officers investigating accidents which require a wrecker shall get authorization from the driver or owner of the cars as to who is to do the towing.

To amplify and expedite the enforcement of the provisions of this chapter, the Chief of Police is authorized to establish a system of rotation in the assignment of wreckers when the owner or the driver declines to indicate any specific choice of a wrecker to remove the disabled vehicle.

§ 446-13 Limitations on wreckers.

No wrecker shall possess or exhibit flashing lights except as provided under Title 39 of the New Jersey Statutes Annotated.

§ 446-14 Violations and penalties.

[Amended 6-18-2019 by Ord. No. 1788]

Any person who shall violate the provisions of this chapter shall, upon conviction thereof, be liable to a fine of not more than $100 for the first offense. Upon the second or subsequent conviction under the provisions of this chapter, a person shall be subject to a fine not less than $100 and no more than $500 and/or revocation of the license granted under this chapter, in the discretion of the judge.

§ 446-15 Suspension and removal from list; appeal.

The Chief of Police shall have the authority to suspend a tow vendor from the tow vendors' rotational list for a period of up to 30 calendar days for failure to comply with any of the requirements of this chapter. For a subsequent failure to comply with any of the requirements of this chapter, the Chief of Police may remove the tow vendor from the tow vendors' rotational list for a twelve-month period. A towing operator may appeal the suspension or removal from the tow vendors' rotational list by filing a notice of appeal with the Borough Clerk within 10 business days of the Chief's decision. A hearing shall be held by the Mayor and Council within 30 days of the filing of the appeal. The Mayor and Council shall render its determination within 20 days following the conclusion of the hearing. The Mayor and Council's determination shall be final and conclusive.

§ 446-16 Appeals.

Any person aggrieved by the action of the Chief of Police in the denial of a license as provided in § 446-5 shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal.

The Mayor and Council shall set a time and place for hearing of such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 446-15 for the notice of hearing on revocation.

The decision and order of the Mayor and Council on such appeal shall be final and conclusive.

§ 446-17 Non-Borough wreckers.

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 wrecker or tow truck which is owned by a person not regularly engaged in the business of operating wreckers or tow trucks within the Borough. The officer in charge at the scene of the accident has the right to deny the request of the non-Borough wrecker, if the vehicle is in an unsafe location, creating a traffic hazard, or the time for the requested tow to arrive is unreasonable.

§ 446-18 Records to be maintained.

All towers authorized under this chapter shall maintain the following records and shall provide such records to the Franklin Lakes Police Department upon request:

Date of tow.

Location of tow.

Where vehicle was towed to.

Name of vehicle owner.

Address of vehicle owner.

Telephone number of vehicle owner.

Name of vehicle driver.

Address of vehicle driver.

Telephone number of vehicle driver.

Type of tow (accident, disabled, police impound, etc.).

If off-road recovery was necessary, time and charge.

If mileage was applicable, distance and charge.

Type of storage, dates stored, and charge.

Make, VIN number, model, year, and registration of vehicle.

Date of vehicle release.

Name, address, and telephone number of person the vehicle was released to.

§ 446-19 Equipment.

Required equipment. A towing operator, when filing an application for and at all times while holding a license under this chapter, shall own or lease for use in performing the services required by the license the following items of equipment:

Two light-duty wreckers or flatbeds, both types to be equipped with wheel lift.

One medium-duty wrecker with wheel lift.

Two medium-duty flatbed trucks with wheel lift.