[Ord. No. 761 § I]
As used in this section:
WRECKER/TOW TRUCK
Shall mean a public vehicle employed for the purpose of towing, transporting and/or conveying or removing any and all kinds of vehicles which are unable to be and/or are actually not operated under their own power, for which service a charge or fee is exacted.
[Ord. No. 761 § II]
The Mayor and Borough Council shall establish an annual alphabetical list of approved persons or firms who shall be utilized by the Police Department on a rotational basis as set forth in subsection 4-29.5, to provide towing and storage services for abandoned, wrecked or impounded vehicles at rates and charges to be set by the Borough. The list shall contain the names, addresses and 24 hour telephone numbers of all approved towing and storage service providers. The list of designated towing contractors shall be printed and circulated in the Borough. Furthermore, the list shall be available for inspection by any member of the general public upon request.
[Ord. No. 761 § III]
a. 
General Requirements for Placement on List. Any person or firm who wishes to be placed on the list of approved towing and storage service providers must at a minimum agree to provide the services upon the following terms and conditions:
1. 
Must have been engaged in the business of towing and/or storing of vehicles for a minimum of one year, and must be of known good reputation in the field.
2. 
Must be available to provide service 24 hours per day, seven days per week.
3. 
Must store all towed vehicles in a safe manner so as to prevent any damage to such vehicles.
4. 
Shall be able to handle all makes of passenger cars and small trucks, such as pickup and small panel trucks up to one and one-half (1 1/2) tons.
5. 
Must answer all calls within 15 minutes of the Haworth Police Department's notice to respond to a call.
6. 
Each wrecker/tow truck shall be equipped with a shovel, broom, and other equipment necessary to clean up broken glass and debris from the scene of an accident to which it is summoned. The driver of such wrecker/tow truck shall be responsible for such cleanup.
7. 
All wreckers/tow trucks used in towing of vehicles shall be kept in clean, good working condition, and the name, address and telephone number of the towing and storage service provider shall be conspicuously displayed on each vehicle.
8. 
Shall comply with all State and local laws and be licensed, as required.
9. 
Shall follow the lawful directions of the officers of the Haworth Police Department, and of the agents or representatives of the Borough.
10. 
The wrecker/tow truck shall have a passenger seat to transport the driver of the vehicle to be towed, if necessary, at no additional cost to the vehicle owner.
11. 
Storage facilities shall be of sufficient size to properly accommodate a minimum of five vehicles for the Borough. Storage facilities shall be fenced in and secured, and be located within a three mile radius of the Borough in an area that permits the towing and storage of vehicles.
12. 
If the storage facilities are owned in 'fee simple', a certified copy of the deed of the subject property, containing a metes and bounds description, shall be submitted to the Borough.
13. 
If the storage facilities are leased, a copy of the lease or leases, containing a metes and bounds description, shall be submitted to the Borough.
14. 
The deeds and leases referenced in paragraph 12 and 13 shall be approved or disapproved by the Borough Attorney as to form and legality.
15. 
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 five vehicles for the Borough.
16. 
Persons retrieving vehicles shall be able to transact all business, including the pick up of the vehicle and payment of fees, at the same location.
17. 
Vehicles shall be towed and stored in a safe manner so as to prevent any damage to such vehicles.
18. 
Wrecked vehicles shall not be stacked on top of the other, and only one level of storage shall be maintained.
19. 
Storage facilities shall be located in areas that are legally zoned for (a) such storage of vehicles, and (b) as a junk yard for storage of junked vehicles.
20. 
The storage area or areas must be enclosed by a fence of sturdy construction, and at least seven feet in height or the maximum permitted by the applicable section of the zoning ordinance, whichever is less, so that the storage will not be visible to the public.
21. 
The operation of the site(s) shall conform at all times to fire regulations of the applicable municipality.
22. 
No impounded vehicle shall be parked upon a public street or sidewalk, quasi-public street or sidewalk or any public area, but must be stored within the storage area so provided; the service provider, its agents or representatives, shall not use the vehicles for their personal use. License plates shall not be removed from any vehicle, except when lawfully required by the Haworth Police Department, or other government agency.
23. 
The impound areas must be properly lighted from dusk to dawn and must be properly safeguarded from vandalism and/or theft.
24. 
The Borough shall have access to any part of storage areas at any time of the day or night for the purpose of inspection and/or investigation. This shall include indoor and outdoor areas.
25. 
There shall be no unescorted access to the Borough's impound area by the public. Public access to the vehicles impounded and/or stored shall be in accord with the procedure established by the Haworth Police Department.
b. 
Insurance Requirements.
1. 
The service provider shall carry Worker's Compensation Insurance in accordance with the requirements of the laws of the State of New Jersey. In addition, the service provider shall carry Public Liability and Property Damage Contingent Liability Insurance in an amount not less than $250,000 to indemnify the Borough and the public against any loss due to injuries, accidents, or damage of any nature or character whatsoever, when such damage is the result of any omission of the service provider, its agents or employees in, or due to the execution of towing and storage services.
2. 
The service provider shall carry:
Appropriate Bodily Injury Liability Insurance with limits of not less than five hundred thousand/one million ($500,000.00/$1,000,000.00) dollars for each accident. (Including requirements for protection of elevator operations, when applicable, and servicing area) with a two million ($2,000,000.00) dollar umbrella.
Property Damage Liability Insurance with a limit of not less than $100,000 for each accident.
Automobile Liability Insurance with limits of not less than one million ($1,000,000.00) dollars for a combined single unit.
3. 
Certificates of Insurance shall be required listing both the service provider and the Borough as named insured, and shall be filed with the Borough Clerk, subject to approval of the Borough Attorney. The Certificates of Insurance shall be delivered to the Borough Clerk together with an executed contract and bond.
4. 
Garage liability insurance shall be required in an amount not less than one million ($1,000,000.00) dollars and garage keeper's legal liability in the minimum amount of $250,000.
The service provider shall agree to defend and hold harmless the Borough of Haworth for liability from any and all obligations, liabilities, judgments, claims and demands for personal injuries and damages to property which may arise out of the performance of contract services. The service provider shall save the Borough harmless from all actions at law or for any infringements of patent rights of tools, equipment, apparatus or methods used by him.
5. 
Each policy required must contain one endorsement providing for 20 days notice to the Borough in event of any material change or cancellation. The Borough shall be named as an additional insured.
[Ord. No. 761 § IV]
a. 
The rates for towing and storage of passenger vehicles shall be the same as the Fee Schedule set forth in N.J.A.C. 11:3-38.6 for Region II.
b. 
The rates for the towing of commercial vehicles shall be as follows:
For straight jobs to 11,000 lbs. gross weight
$100.00
Each additional mile
1.75
For tractor trailers
$175.00
Each additional mile
1.75
c. 
Fee cards conspicuously indicating the towing and storage rates shall be kept in the possession of the drivers of all vehicles and presented to the driver or owner of any vehicle to be towed.
[Ord. No. 761 § V]
The Chief of Police shall establish a procedure and provide same to every duty officer, to ensure that:
a. 
Only those service providers whose names appear on the approved list referred to in subsection 4-29.2 are called to provide towing and storage services.
b. 
That calls shall be made on a rotating basis, starting in alphabetical order.
c. 
That the duty officer making such call indicate next to the name of the respective service provider:
1. 
The date and time of the call;
2. 
The date and time of response to the call, or lack of response; and,
3. 
Any complaints from vehicle owners concerning the service rendered.
d. 
It is specifically permitted for the Chief of Police or his designee to call a service provider out of sequence in extraordinary circumstances, as where service provided next in rotation clearly indicates inability or unwillingness to respond.
[Ord. No. 761 § VI]
a. 
Removal by Borough Council. A towing contractor may be removed from the annual list by resolution of the Borough Council under the following circumstances:
1. 
When it is found that the approval was secured by fraud or the concealment of a material fact by the applicant, which fact, if known, would have caused the refusal to grant an approval of the annual list.
2. 
When it is found that the service provider has violated any of the requirements or regulations established by the Chief of Police or any of his employees.
3. 
When the Borough is not satisfied with the general services of the owner and/or employees or with the cooperation it has received in rendering service.