[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington 3-18-1992 as Ord. No. 92-3. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The governing body of the Borough of Mount Arlington.
The Borough of Mount Arlington.
The Police Department of the municipality and/or the state
police and/or county police or such other police as may have jurisdiction
upon the roadways on which the vehicle may be found in this municipality.
The Chief of Police of the Borough of Mount Arlington or,
in his absence or disability, the next highest ranking officer.
The Police Department of the Borough of Mount Arlington.
A person, firm or corporation who or which owns and/or operates
a vehicle which, by reason of being disabled or unlawfully upon said
roads, requires towing services.
[Amended 3-15-1995 by Ord. No. 95-11]
A person, firm or corporation engaged in the business of
providing wrecker services and storage services for vehicles towed,
which services are made available to the general public upon such
rates, charges and fees as determined by this chapter and who is licensed
under the provisions of this chapter.
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, for which a service charge or fee is assessed.
No towing operator shall operate within the municipality without
obtaining a license in accordance with the provisions of this chapter.
Specifically exempt from this license requirement is the towing, transporting,
conveying or removing of vehicles from private property within the
municipality, or by towing operators which are directly and privately
engaged or designated by the owner of the vehicle to be towed, transported,
conveyed or removed.
A.Â
Equipment requirement. No license shall be issued to a towing operator
who does not possess for utilization in its business the following
equipment, which equipment shall be inspected by the Police Chief
or his authorized representative prior to a license's being issued
and a report of said inspection furnished to the governing body.
B.Â
Said equipment shall be designated as follows:
(1)Â
All towing operators must own or lease and have available at least
two conventional tow trucks or one flatbed tow truck and one conventional
tow truck.
(2)Â
The minimum safety equipment to be carried on all trucks shall include
a universal towing sling; low hooks and chains; one snatch block for
three-eighths-inch to one-half-inch cable; two high-test safety chains;
an auxiliary safety light kit to place on the rear of a towed vehicle;
a four-lamp or three-lamp revolving amber light; a tool box with assortment
of hand tools; rear working lights and rear marker lights; cab lights;
body clearing lights located to clear towed vehicle; blocking choke
for wrecker while working; safety cones; steering wheel lock or tie
down; two-way radio communication system.
(3)Â
All towing operators' trucks shall be equipped with radio communication
or cellular phones, enabling them to maintain contact with their places
of business.
[Amended 11-1-2017 by Ord. No. 14-2017]
(4)Â
All towing operators' trucks shall be equipped with brooms and
shovels for the purpose of clearing debris off roadways.
(5)Â
All towing operators' trucks shall have the name, address and
telephone number of the towing operator on each side of the vehicle
in letters and numbers at least three inches in height.
The "towing operators' principal place of business" shall
mean where the tow vehicle is stationed when not in use and shall
meet the following standards:
A.Â
It shall be located no more than five miles from the boundaries of
the municipality measured on any roadway traversing the municipality
to ensure response within 20 minutes from the time of the dispatch
call.
[Amended 11-1-2017 by Ord. No. 14-2017]
B.Â
It shall have telephone equipment able to handle more than one incoming
call.
A towing operator shall own or lease a storage area for the
placement of towed vehicles, which area shall meet the following standards:
A.Â
It shall be located no more than five miles from the boundaries of
the municipality measured on any roadway traversing the municipality.
[Amended 11-1-2017 by Ord. No. 14-2017]
C.Â
It shall be lighted at night and surrounded by a security fence at
least six feet in height.
D.Â
It shall always have available vacant space for at least five vehicles.
E.Â
It shall be available 24 hours a day, 365 days per year, and open
to the public on weekdays during normal business hours, which are
designated as 8:00 a.m. to 5:00 p.m., and limited hours on Saturdays
and Sundays which are designated as 8:00 a.m. to 12:00 noon.
A.Â
Application. Every applicant for a license shall submit the completed
municipal application together with the required fee to the Clerk
of the municipality. The application shall include the following information:
(1)Â
The name of the person, firm or entity making the application and
his or her residence and business address and telephone number.
(2)Â
A full description of all licensed towing vehicles that will operate
in the municipality, together with a colored three-and-one-half-by-five-inch
photograph of the same.
(3)Â
A list of all equipment maintained on each tow vehicle.
(4)Â
A copy of the insurance policy in force and a statement from the
insurance company and/or its agent that said policy is in full force
and effect.
(5)Â
Whether the applicant, or any shareholder, officer or employee of
the applicant, has been convicted of any crime involving moral turpitude
and/or an indictable offense and if so the nature and details of the
offense.
(6)Â
A list of all employees, together with photostats of their drivers'
licenses, that will operate tow vehicles in the municipality.
(7)Â
A sworn statement or affirmation by the person signing the application
that the information therein given is full and true and known to him
to be so.
(8)Â
The full description of the storage facility, including the owner
thereof, its address, size and location, type of enclosures and a
photograph of the same. If not owned by the applicant, a copy of the
lease shall be attached.
B.Â
Investigation of application. Upon receipt of the application, the
required fee and documents, the Clerk shall forward it to the Police
Chief who shall investigate the information contained therein and
submit his report to the governing body within 30 days from the receipt
thereof by the Clerk's setting forth his recommendation and reasons
why the license should or should not be issued.
C.Â
Issuance of license by governing body. Upon its review of the report
of the Police Chief, the governing body shall hold a hearing on notice
to the applicant to determine whether a license should be granted
to the applicant. Before a license is issued, the applicant must be
able to demonstrate to the satisfaction of the governing body that
the applicant is thoroughly qualified and experienced in the towing
and removal of vehicles and that he has the facilities, equipment,
expertise, licensing, personnel and storage areas to perform the services
required in a manner satisfactory to the governing body.
[Amended 5-20-1992 by Ord. No. 92-6; 5-27-03 by Ord.
No. 15-03; 11-1-2017 by Ord. No. 14-2017]
All licenses issued shall be for a period of one year, regardless
of the date of application and shall commence on January 1 of the
year of said application and run until December 31 of that same year.
[Amended 11-1-2017 by Ord. No. 14-2017]
In accordance with N.J.S.A. 40:48-2.49 and to assure for safe
and efficient towing service throughout the municipality, all qualified
towing operators shall be issued a towing license. There shall be
no more than five licenses to be issued by the municipality.
A.Â
Indemnity. The tow operator shall indemnify and hold harmless the
municipality and any of its agents, officers and employees from any
and all claims for personal injury or property damage against the
municipality, its agents, officers and employees arising out of the
operation of any towing services or repair services under this chapter.
The tow operator shall further defend the municipality, its agents,
officers and employees, at the tow operator's expense, in connection
with any claim, demand, suit or action brought against the municipality,
and its agents, officers and employees and arising out of the operation
of any towing, storage facility, garage or repair service under this
chapter and any license issued pursuant thereto.
B.Â
Insurance. The tow operator shall be required to maintain during
the life of the license comprehensive general liability insurance,
comprehensive automobile liability insurance and workers' compensation
insurance with limits of not less than those set forth below.
(1)Â
Comprehensive general liability insurance. The limit of liability
shall not be less than $500,000 combined single limits (bodily injury
and property damage) per occurrence and aggregate, including premises
operations and products/completed operations.
(2)Â
Automobile liability insurance. The limit of liability shall
not be less than $500,000 combined single limits (bodily injury and
property damage) per occurrence. Liability insurance policies shall
be specifically endorsed to provide collision insurance for vehicles
in tow.
(3)Â
Workers' compensation insurance. The limits shall be statutory
coverage, including liability coverage with a limit of at least $100,000.
(4)Â
On all liability policies, the municipality shall be named as
additional insured, and insurance certificates shall indicate such
coverage.
(5)Â
Insurance coverage shall indemnify the municipality, its agents,
officers and employees and the public against any loss due to injuries,
accidents or damages of any character whatsoever, where any such damage
is the result of act or omission of the tow operator, his agents or
employees in or due to the execution of the work called for under
the license.
(6)Â
The tow operator shall provide the municipality with certificates
of insurance evidencing the coverages required above. Such certificates
shall provide that the municipality be given at least 30 days'
prior written notice of any cancellation of, intention not to renew
or material change in such coverage.
(7)Â
Failure to provide and continue in force such insurance as required
above shall be deemed a material breach of the license and shall operate
as an immediate revocation thereof.
The following rules and regulations shall apply:
A.Â
The governing body hereby designates the Police Department generally
as its specific designee and the Police Chief particularly as the
supervising authority to enforce the provisions of this chapter, as
well as the rules and regulations adopted, with the ultimate authority
vested in the governing body.
B.Â
Prior to license renewal, each towing operator licensed shall be
inspected for fitness by a representative of the Police Department
and shall appropriately complete a new application for each year.
C.Â
Each licensed towing operator at all times shall maintain and carry
the necessary equipment to remove disabled or locked vehicles.
D.Â
Each towing operator, prior to departure from the scene of towing
services, shall clean and clear the streets of any customary debris
resulting from any accident at such scene and shall at all times carry
the necessary equipment to perform such cleaning services.
E.Â
No towing operator licensed hereunder shall respond to the scene
of an accident except upon the request of the driver or owner of the
vehicles involved or except upon notification through the channel
of communication established by the Police Department to notify licensed
towing operators of the necessity of their presence.
F.Â
Refusal to tow at the scene of the towing and the type of car refused
shall be reported by the police officer assigned to the incident to
his superior. The report of refusal shall be furnished to the Police
Chief as soon as practicable.
G.Â
Towing operators shall arrive at the scene to which dispatched within
a reasonable time after being dispatched. Under normal circumstances,
such reasonable time limit is hereby defined as within 20 minutes.
H.Â
When any unusual situation occurs which may threaten or be dangerous
to the safety or health of the public, the Police Chief or his designee
shall contract the New Jersey Department of Environmental Protection
and Energy for the purpose of assuming control of the danger or threat.
[Amended 3-15-1995 by Ord. No. 95-11]
I.Â
Where no designation has been made, licensed towing operators are
authorized to remove the vehicle to the towing operator's storage
facility.
J.Â
When vehicles are towed to premises controlled by the Police Department
for the purpose of utilizing the vehicle or its contents as evidence
or for other purposes, such vehicle shall not be released from police
custody unless the owner of the vehicle furnishes the Police Department
with a receipt that towing service fees have been paid.
K.Â
In all cases where vehicles are to be towed for illegal parking or
other offense, a summons shall be issued prior to towing.
L.Â
All fees must be itemized on a service bill to be provided to the
vehicle operator or mailed or delivered to the owner within 48 hours.
As a minimum this bill must contain the following: the name and business
address of the tow operator; the name of the employee performing the
towing; the location of storage area containing the vehicle; and an
itemized list of services performed and fee charged for each.
M.Â
The motorist shall retain the right to specify which towing operator
he wishes to use or where he wishes his vehicle to be towed, provided
that this request does not result in an extensive delay in clearing
an accident scene and/or correcting a traffic hazard. The towing operator
has a right to refuse to tow a vehicle more than 20 miles from the
municipal limits.
N.Â
All operators shall be capable of performing minor car service and
repair at the scene or their base of operations at the time of service
call. "Minor car service" is defined as the jump starting of vehicles,
providing fuel, changing tires and similar semiskilled activities.
O.Â
Towing operators shall be responsible for all vehicles and contents
in their custody.
P.Â
All vehicles impounded or confiscated by the police shall not be
released without prior police authorization.
Q.Â
Records of inspections.
(1)Â
The towing operator shall record all vehicles towed on forms
provided by the Municipal Police Department as soon as possible after
each vehicle is towed.
(2)Â
Records shall be kept for a seven-year period.
(3)Â
The towing operator shall maintain a record of all personal
property in a towed vehicle that he can observe in sight at the time
the vehicle comes into his possession.
(4)Â
An authorized representative of the Police Department or its
designees shall have access to any of the records required to be kept
by the contractor.
R.Â
Rights of owners.
(1)Â
The owners of any vehicle towed shall have the right to remove
property belonging to him from the stored vehicles unless a "police
hold" is marked on the towing form.
(2)Â
The vehicle owner or his representative shall have the right
to take photographs of stored vehicles for insurance purposes.
S.Â
Dealing with the public. In all his dealings with the public in connection
with the operation, the towing operator is expected always to act
in a professional manner and at all times to be courteous and respectful
toward members of the public.
T.Â
Such additional rules and regulations that may be adopted by the
governing body by resolution. A copy of any such rule or regulation
shall be forwarded to each towing operator by certified mail, return
receipt requested.
The procedure shall be as follows.
A.Â
Each tow operator shall be placed on a rotational list completed
by the Police Chief. Such licensee shall be called upon to respond
to the needs of the Police Department of the municipality on a structured
rotational basis.
B.Â
Towing operators shall advise the police dispatcher if they are unable
to respond to a call and the reason therefor.
C.Â
Tow operators shall notify the police dispatcher if a vehicle is
gone upon their arrival.
D.Â
The Police Chief shall establish a structured rotational procedure
and provide each towing operator with a copy thereof. It shall list
when an operator shall be charged or not charged for failing to respond
to a call and how he will be rotated on the call list.
[Amended 5-3-2011 by Ord.
No. 06-11]
A.Â
Towing services. All towing and storage fees shall conform to New
Jersey State laws, rules and requirements. The fees set forth for
towing rates are the maximum charges that shall apply to a private
passenger automobile for basic towing services rendered as a result
of an accident or theft recovery or for any vehicle unable to be operated
for any reason under its own power. There shall be no additional charges,
including but not limited to flat bedding, waiting time, winching,
cleanup cost and additional labor, when only basic towing services
are provided. Any vehicle over 10,000 pounds GVW is to be considered
a "medium duty" tow and rates will be based on the standard rate of
the towing operator dispatched to the scene. Any vehicle over 26,000
pounds GVW is to be considered a "heavy duty" tow and rates will be
based on the standard rate of the towing operator dispatched to the
scene.
(1)Â
The towing rates shall be calculated based on the total distance
traveled from the town vehicle's base of service to the job site
and return, by way of the shortest available route. Fractions shall
be rounded up to the nearest whole mile.
(2)Â
Tow vehicles transporting multiple passenger cars at one time
shall receive the applicable fees for each vehicle transported.
(3)Â
When towing services are required at the scene of an automobile
accident, the day rate shall apply when the time of the accident is
between 8:00 a.m. and 4:30 p.m., Monday through Friday, except New
Jersey State holidays. The night, weekend and holiday rate shall otherwise
apply.
(4)Â
When towing services are otherwise required, the day rate shall
apply when the vehicle is transported (pickup to delivery) entirely
between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday,
except New Jersey state holidays. The night, weekend and holiday rate
shall otherwise apply.
(5)Â
The following is the fee schedule for towing services:
[Amended 11-1-2017 by Ord. No. 14-2017]
|
Type
|
Fee
|
|---|---|
|
Basic Towing Rates:
| |
|
Light duty tow
|
$135 (flat fee)
|
|
Medium tow
|
$250 (flat fee)
|
|
Heavy duty tow
|
$450 (flat fee)
|
|
Winching Charge Rates:
| |
|
Light duty tow
|
$175 (per hour)
|
|
Medium duty tow
|
$275 (per hour)
|
|
Heavy duty tow
|
$500 (per hour)
|
|
Additional labor as needed per person
|
$95 (per hour)
|
|
Motor vehicle crash cleanup
|
$75 (flat fee)
|
|
Extended scene clean up
|
$95 (per hour)
|
(6)Â
Unless the officer at the scene deems it necessary to impound
the vehicle for evidence purposes, the owner or operator may designate
the location to where the vehicle shall be transported.
B.Â
Storage fees. The fees set forth for storage fees are the maximum
storage charges per twenty-four-hour period that shall apply to a
private passenger automobile that is stored by a person as a result
of an accident or theft recovery or towed as result of being unable
to be operated for any reason under its own power.
(1)Â
Storage fee schedule.
[Amended 11-1-2017 by Ord. No. 14-2017]
|
Storage Facility
| |
|---|---|
|
Type and Capacity
|
Fee
|
|
Secured outside storage:
|
$35 per day
|
|
Secured inside storage:
|
$45 per day
|
|
Storage commences immediately upon vehicle's arrival on
the lot of impound/storage facility and is based on calendar day;
not hourly.
| |
|
Light service calls: (Lockout, jump start, tire change, fuel
delivery)
|
$85
|
|
Municipal vehicles: (within Borough limits - to include Township
of Roxbury)
|
$50
|
|
Administrative fee
|
$35 (flat fee)
|
|
Vehicle access fee
|
$50 (flat fee)
|
(2)Â
No vehicle shall be stored inside a building unless authorized
by the owner, operator or by the police officer on duty at the scene
when the police officer deems it necessary to utilize the vehicle
or its contents as evidence.
The governing body shall have the right to suspend or revoke
any license issued pursuant to this chapter for good cause upon written
complaint of the Police Chief. In the event that a towing operator
fails or refuses to retain the proper equipment, personnel or facilities
necessary to perform the services required for towing operators, or
that the services performed are not satisfactory or violate any provision
of this chapter, rule or regulation duly adopted, the Police Chief
shall file a written complaint with the governing body that there
is probable cause for revocation or suspension. Written notice of
such complaint and the basis of the complaint shall be given to the
towing operator, and said operator shall be entitled to a hearing
before the governing body prior to final determination of the complaint
by the governing body.
A.Â
No license issued pursuant to this chapter may be assigned, transferred,
sold or posted as collateral.
B.Â
Any transfer of ownership with or without consideration in a licensee's
business shall render the license immediately void. In the event of
sale or transfer, the new applicant, if any, shall make a new application,
pay fees and be approved by the governing body.
