[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1134-92, 1625-99, 1914-03, 1915-03, 2053-06, 2161-08.
[Ord. No. 2220-09 § II; Ord. No. 2466-15 § 2]
As used in this section:
Shall mean the operation of a tow truck in and upon a Township
street to solicit vehicle towing and storage business except in response
to a Police request.
Shall mean a towing operator having a license granted by
the Township pursuant to the provisions of this section.
Shall mean any individual or entity who, or which, owns or
leases, and/or operates, parks or abandons a vehicle within the Township.
Shall mean the Police Department of the Township.
Shall mean the storage or housing of vehicles by a towing
operator.
Shall mean any entity lawfully engaged in the business of
providing towing and storage services for vehicles towed, which services
are made available to the general public upon such rates, charges
and fees as determined by Township ordinance.
Shall mean the towing and/or removing of vehicles by the
holder of a license issued pursuant to the provisions of this section.
Shall mean every device in, upon or by which a person or
property is or may be transported upon a highway, excepting devices
moved by human power or used exclusively upon stationary rails or
tracks.
[Ord. No. 2220-09 § II]
a.
No towing operator who wishes to engage in Municipal Police towing
shall render towing services and/or storage services for that purpose
without first obtaining a written license pursuant to this section.
[Ord. No. 2220-09 § II; Ord. No. 2466-15 § 3]
a.
Every applicant for a license under this section shall complete,
sign and verify a written application, in triplicate, on forms furnished
by the Business Administrator.
b.
The application shall state:
1.
The complete legal name and principal office address of the applicant.
2.
The complete home address and home telephone number of the applicant
of a sole proprietorship or the complete home address and home telephone
number of the shareholders, principal officers and partners if the
applicant is a corporation or partnership.
3.
The serial number and registration of each vehicle to be operated
by the applicant and certificate of title.
4.
The location of the storage area for the towing equipment listed in Subsection 5-32.7 and the vehicles stored following their being towed by the licensee, record owner of same and name and addresses of any lienholders.
5.
The principal storage yard for all vehicles towed under this ordinance
must be within the boundaries of the Township of West Orange.
6.
The name and address of the insurer and policy numbers of the garage keeper's liability and garage liability policies, proof of payment of premium which policies shall name the applicant as the insured as mandated in Subsection 5-32.12 herein.
7.
Consent to appointment of the Township 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.
8.
An agreement to be available for service or on call 24 hours a day
every day of the year and to abide by the fees contained in this section.
9.
Proof that the applicant holds title or is a bona fide lessee of
the equipment and storage space used for the entire period of the
contract.
10.
Proof that all storage facilities owned by the applicant are located
in areas appropriately zoned for Storage Services.
c.
Applications shall be filed with the Business Administrator together with a certified check for the application fee specified in Subsection 5-32.6.
d.
Applications in conformance with this section shall be submitted
in triplicate no later than May 1.
e.
Applicants shall provide a current business registration certificate
in accordance with N.J.S.A. 52:32-44.
[Ord. No. 2220-09 § II]
a.
Applications received by the Purchasing Agent shall be referred within
three business days to the Director and/or Chief of Police.
b.
The Director and/or Chief of Police shall be charged with the investigation
of all applicants and shall recommend in writing the approval or disapproval
of each application to the Township Council and Mayor after considering
the following criteria:
1.
Whether the applicant has submitted all documents to show compliance
with this section.
3.
The application complies with the requirements of this section and
all other applicable ordinances of the Township.
4.
Past performance by the proposed licensee and its principals and
related parties during the last five years for any governmental entity
may be considered.
[Ord. No. 2220-09 § II]
a.
After consideration of the applications and the recommendations of
the Director and/or Chief of Police the Mayor shall then recommend
approval or denial to the Township Council.
b.
The Township Council shall at a public meeting, by resolution, authorize the issuance of a license or licenses after consideration of the applications and the recommendations of the Director and/or Chief of Police. No non-licensed tow operator shall be authorized to perform the licensees' required services, except in case of an emergency. An emergency shall not include performance of standard services required pursuant to this ordinance or use of back-up vehicles pursuant to the requirements of Subsection 5-32.7f, but shall be limited to those situations deemed an emergency by the Township Police Department. In such situations, the Township Police Department and/or any other entity shall attempt to utilize the services of a licensee or licensees and if such licensee is not available, then the Township Police Department may utilize non-licensees.
d.
All licenses shall be for a three-year period to expire on June 30.
e.
The Township Clerk shall send a copy of the license to the Director
and/or Chief of Police and shall keep a permanent record of all licenses
issued.
f.
A license issued under this section shall not be transferable. To
the extent that a licensee is sold to another entity, whose owner
or owners are not at least a 10% owner of the licensee, the new entity
must reapply for license pursuant to the terms of this section.
g.
A licensee shall produce his/her license whenever called upon to
do so by a duly authorized representative of the Township.
[Ord. No. 2220-09 § II]
There shall be a nonrefundable application fee of $200 payable
with the submission of any application for a license.
[Ord. No. 2220-09 § II; Ord. No. 2466-15 § 4]
a.
A towing operator, when filing an application for and at all times
while holding a license under this section, shall own or lease the
following items of equipment:
1.
At least two light-medium wrecker with a gross vehicle weight rating
of 11,800 pounds.
2.
One heavy duty wrecker with a gross vehicle weight rating of at least
a 40 ton boom rating and rotating capacity.
3.
At least two flat bed carriers with at least two car capacity and
a gross vehicle weight rating of at least 20,000 pounds.
b.
All tow trucks shall be properly lettered on both sides in accordance
with law to include the name of the licensee. The lettering shall
be permanently affixed to the sides of the tow trucks. Lettering affixed
magnetically to the sides of the tow trucks will not be sufficient
to meet this requirement.
c.
All equipment used by a licensee in performing its obligation under the license shall be maintained in good and safe condition and may be inspected for such condition by the Police at any time wherever located. Any deficiency in such condition reported by the Police to the licensee shall be promptly corrected and any failure to correct may be cited as grounds for revocation of the license pursuant to Subsection 5-32.16.
d.
No licensee may be listed more than once in the West Orange Township
rotation.
e.
All tow vehicles shall be insured in the licensee's name. Any vehicles
owned by the licensee and/or leased pursuant to a lease-purchase and/or
lease-finance agreement shall be registered in the licensee's name.
All tow vehicles listed by the licensee in its application shall be
continuously under the control of the licensee during its period of
active duty in the rotation. Any present or existing licensee which
cannot comply with the requirements of this subsection shall have
a period of six months from the date of adoption of this provision
to comply with its requirements.
f.
On January 15 of each year, or the next business day thereafter,
each licensee shall submit to the Township a list of all employees,
including each employee's duties, driver abstracts and criminal history
checks for all of those employees. Those employees whose duties include
driving, shall at all times possess valid driver's licenses in accordance
with Title 39 of the New Jersey Statutes.
g.
Within 10 days of employing, hiring, and/or engaging a new employee
or new employees, the licensee shall submit the names, duties, social
security numbers, and criminal history checks of each new employee
to the Township.
h.
All costs in connection with the application, including, but not
limited to costs of obtaining criminal history checks, and/or fingerprints,
shall be borne by the applicant, and the Township shall have no responsibility
to aid and/or assist the applicant in obtaining said information.
i.
Each licensee shall maintain adequate and complete records showing
all vehicles towed, stored and released, all services rendered and
all fees charged and collected. All records shall be available for
inspection by the Township at any time during normal business hours.
j.
INTENTIONALLY OMITTED.
k.
Each licensee shall make available to the Township for inspection
at any time, all vehicles. All changes to the roster of vehicles must
be filed with the Chief of Police prior to those vehicles being placed
in service.
l.
Every vehicle must display the licensee's license and shall have
the name of the licensee displayed on the vehicles in such manner
and of such lettering as conforms to the provisions of N.J.S.A. § 39:4-46.
[Ord. No. 2220-09 § II; Ord. No. 2466-15 § 5]
a.
General Storage. Each licensee shall have dedicated storage space
within West Orange, or a community adjacent and contiguous to West
Orange sufficient to accommodate at least 80 vehicles, including storage
space within the confines of West Orange sufficient to accommodate
at least 50 vehicles, outdoors or indoors, for at least 30 days.
b.
Indoor Storage; Police. In addition to the storage space referred to in Subsection a above, each licensee shall have indoor storage space sufficient to accommodate at least four vehicles for exclusive use by the West Orange Police Department for impounded vehicles and vehicles that are the subject of any Police investigation. This facility must be located within the boundaries of West Orange.
c.
Equipment Facility. Each licensee shall have an area and facility adequate for the storage and servicing of the equipment required by Subsection 5-32.7.
d.
Condition of Facilities; Signs; Moving of Vehicles. All storage and
garage facilities shall be adequately safeguarded against vandalism
and theft. The licensee shall assume and be solely responsible for
all costs incident to moving vehicles from one storage area to another
storage area owned or operated by the licensee. The facilities shall
also be clean and in good order and the hours of recovery of vehicles
shall be prominently posted and previously approved in writing by
the Township. A licensee must have, at least, the following hours
of recovery: Monday through Friday, excluding holidays, 8:00 a.m.
to 6:00 p.m. and Saturday, excluding holidays, 8:00 a.m. to 1:00 p.m.
[Ord. No. 2220-09 § II; Ord. No. 2466-15 § 6]
a.
Each towing licensee shall comply with New Jersey State Law regarding
commercial vehicles, including all applicable Commercial Driver's
License ("CDL") requirements. Each driver shall be of good moral character,
mentally alert, and present a neat appearance at all times. Possession
of a CDL license, when required by law, shall be mandatory.
b.
All tow truck drivers of a licensee shall be fully trained and knowledgeable
in tow truck and storage operations and equipment, and have obtained
a certification from TRAA, Wreckmaster or other similar entity, agency
or association, and consent to background investigation by the Township
Police if requested by the Township Police at any time. All tow truck
drivers currently performing such services for a licensee pursuant
to such certification for six months from the passage of this section,
at which time all tow truck drivers must have obtained such certification.
c.
Each tow truck driver of a licensee shall appear in person at the
Township Police Department to be registered as a tow truck driver
prior to the driver's operation of any tow truck on Township streets.
d.
No licensee shall employ directly or indirectly any employees of
the Township.
[Ord. No. 2220-09 § II; Ord. No. 2466-15 § 7]
Towing and storage services shall be governed by the following
provisions:
a.
Towing services by licensees will be rotated on a weekly basis on
a twenty-four hour, seven day week basis, without exception, with
a week's "duty" shift starting at 12:00 midnight on Monday and continuing
until 11:59 p.m. the following Sunday.
b.
Licensees will respond to a Police request for service when requested
by the Township Police desk officer or other officer expressly authorized
to communicate such request by dispatching one or more tow trucks
to arrive at the scene to which dispatched within a reasonable time.
For normal circumstances such reasonable time shall be deemed to be
within 20 minutes.
c.
A licensee shall immediately notify the Township Police if the licensee
is wholly or partially not operational due to failure of any equipment
or any personnel insufficiency and shall furnish such details thereof
in writing as may be requested by the Police.
d.
Tow trucks of a licensee will not cruise and will not respond to
any scene where towing may be required except upon Police request
or as permitted by this section. This prohibition does not include
tows at an automobile owner's request, such as contract tows, tows
from private property or a tower's customer's specific request.
e.
No flashing lights or sirens shall be used on a tow truck except
as permitted by the Township Police Chief under applicable law.
f.
All tow trucks shall be operated in accordance with all existing
traffic regulations and in a safe and prudent manner. Tow truck drivers
will request Police assistance during the course of servicing when
they find it necessary to turn around, back up, tow in a direction
opposite to normal traffic, to cross a median, or other required help.
g.
Each licensee will be responsible for all vehicles and visible contents
in their custody that are towed off the roads under direction of the
Police. An inventory shall be made at the scene to note such contents
of each vehicle.
h.
No vehicle will be removed from Township roads or highways traversing
the Township without proper authorization from the Police at the scene
or the owner, as the case may be.
i.
No tow shall be effected to any area outside the Township between
the hours of 6:00 p.m. and 8:00 a.m. The vehicle shall be towed to
the licensee's storage area unless the licensee and vehicle owner
and/or driver agree to tow further at no cost to the Township.
j.
The Police Officer investigating the incident is in complete charge
of the incident scene (excluding actual towing operations), and all
drivers shall comply with the officer's instructions.
k.
Each licensee, prior to departure from the scene of towing services, shall clean and clear the streets and surrounding areas of any debris resulting from any accident at such scene to the reasonable satisfaction of the Police, and at all times carry the equipment necessary to perform such services. Such services may be charged in conformance with Subsection 5-32.11 herein.
l.
In the event a licensee refuses to tow at the scene of the incident
or refuses to tow when requested by the owner, the Police Officer
assigned to the incident shall report the refusal in writing to his/her
superior with all pertinent details. The report of refusal shall be
furnished to the Township Police Chief and the Mayor as soon as practicable
for evaluation of the licensee's performance of its obligation under
the license. No towing operator shall be required to tow any vehicle
in an unsafe manner or in such a way as to cause further damage to
the vehicle towed or the towing vehicle.
m.
No vehicles shall be towed for illegal parking before the issuance
of an illegal parking summons.
n.
Each licensee shall provide the Township Police with a typewritten
list of vehicles in its custody that are unclaimed at 12:00 noon every
Friday.
o.
Vehicles impounded or confiscated by the Police and stored by the
licensee shall not be released by the licensee without prior written
authorization by the Police.
p.
If a licensee finds that it is unavailable to respond to a Police
request for service that licensee shall immediately notify any other
holder of a license issued pursuant to this section of such unavailability
and request that licensee to respond.
q.
The Police Department shall dispose of unclaimed vehicles as may be reported pursuant to Subsection 5-32.14b in accordance with the requirements of N.J.S.A. § 39:10A-1 et seq.
r.
Every licensee shall attach a copy of its invoice for each tow to
a copy of the release that is returned to the Township Police Department.
s.
All licensees shall be required to tow any damaged Township vehicle
to the appropriate designated automobile repair facility within one
business day.
[Ord. No. 2220-09 § II; Ord. No. 2466-15 § 8; Ord. No. 2543-18]
a.
The maximum rate for towing and storage of vehicles pursuant to this
section shall be as follows:
|
Type of Service
|
Amount
|
|---|---|
|
All passenger automobiles, motor vehicles and similar vehicles
|
$110
|
|
Medium-duty trucks, campers, and similar vehicles weighing more
than 8,000 lbs. and less than 15,000 lbs.
|
$210 per hour with a 1 hour minimum.
|
|
Heavy-duty trucks, tractor-trailers, campers, and similar devices
with dual wheels with a gross variable weight over 15,000 lbs.
|
$325 per hour with a 1 hour minimum
|
|
Road service including jumpstarts, tire changes and related
services
|
$85
|
|
Recovery/winching for cars
|
$95
|
|
Rollover of cars
|
$125
|
|
Heavy duty recovery services
|
$650 per hour with a 1 hour minimum
|
|
Waiting time for each hour or part thereof
|
$50 per hour
|
|
Normal cleanup provided in Subsection 5-32.10k herein
|
$55
|
|
Storage charges (outside)
|
$40 per day
|
|
Storage charges (inside)
|
$50 per day
|
|
Outside storage for trucks, tractor-trailers, and campers
|
$75 per day
|
|
Inside storage for trucks, trailers, campers
|
$105 per day
|
|
Administrative fee which may be charged to a third party (non-owner)
(i) for physical visits to a stored vehicle; or (ii) requests requiring
an inordinate amount of clerical time. Documentation of such clerical
time. Documentation of such clerical time must be available upon request.
This fee may be charged each time access is sought to the vehicle.
Any owner shall be permitted access to the vehicle on 1 occasion at
no charge
|
$45
|
|
Yard fee
|
$45
|
b.
(Reserved)
c.
(Reserved)
d.
An administrative fee of $20 shall be paid to the Township for each
vehicle towed by the licensee in accordance with this section. This
fee is to be paid by the licensee on a monthly basis upon the filing
of monthly reports in form satisfactory to the Township's Chief Financial
Officer. All reports and payments must be received by the 15th of
the next month.
e.
The Township and its Police shall not be liable to a licensee with
respect to service rendered to any owner pursuant to the licensee
or otherwise. The licensee shall look only to the owner of such vehicle
for payment of service charges or any other compensation.
f.
Any vehicle towed will only be released upon presentation of a duly
authorized and executed release from the Police Department authorizing
such release.
g.
Licensee shall not charge a storage or towing fee when it tows a
vehicle registered to a resident of the Township designated to be
impounded or stored as part of a criminal investigation by the West
Orange Police Department or other law enforcement agency operating
within the Township of West Orange, except that this provision shall
not prevent Licensee from seeking restitution including storage or
towing fees in a criminal prosecution resulting from the criminal
investigation.
h.
Licensee shall not charge a storage or towing fee for the transport
or storage of any vehicle owned by the Township being transported
or stored en route to a designated automobile repair facility.
i.
Licensee shall not charge a storage or tow fee when a vehicle is
towed or impounded in error, whether by error on the part of licensee
or by error on the part of the West Orange Police Department in misidentifying
a vehicle for towing or impounding. Licensee shall refund to the owner
of the vehicle any storage or tow fee already paid for a vehicle towed
or stored in error.
j.
All fees charged pursuant to this ordinance shall be due and payable
prior to the tow operator being required to return the vehicle to
the owner or other person authorized by the owner to obtain possession
of the towed vehicle.
[Ord. No. 2220-09 § II; Ord. No. 2466-15 § 9]
The licensee shall have in effect, prior to application and
at all times during the term of the license, the following insurance:
a.
Garage keeper's liability policy in the amount of $1,000,000 for
any one claimant, and $1,000,000 for more than one claimant with $500,000
coverage for property damage for any one event.
b.
Automobile liability insurance issued by a financially sound insurance
corporation of or authorized to transact business in the State, insuring
the licensee and every tow truck operator against liability imposed
by law for damages because of bodily injury, including death, sustained
by any person and injury to or destruction of property, including
the loss of use thereof, caused by accident and arising out of the
ownership, maintenance or use of the tow trucks of the licensee. The
amount of the limits of liability coverage to be afforded by such
policy shall be $750,000 for bodily injury to each person, $1,000,000
for bodily injuries in each accident and $500,000 for property damage
in each accident. Financially sound Insurance Corporation shall be
defined to require a rating of at least A-Plus from A.M. Best Company
or such other comparable rating entity that may exist.
c.
The licensee shall supply a certificate of insurance to the Township
Clerk describing every policy of insurance and identifying the Township
as an insured party. Each certificate of insurance shall contain a
provision that no cancellation of the policy shall become effective
until after the expiration of 30 days' written notice of such proposed
cancellation forwarded by the insurance company to the Township Clerk.
d.
The form and content of the insurance policy and certificate of insurance
shall be submitted to the Township Attorney's office for review and
approval.
[Ord. No. 2220-09 § II]
The application of any towing operator for a license pursuant
to this section shall include an agreement by the towing operator
that, upon the issuance of a license, the licensee shall indemnify
the Township against all statutory, common law or contractual claims
of third parties, employees or subcontractors relating to towing services
and storage services of the licensee.
[Ord. No. 2220-09 § II]
a.
Every person authorized to tow hereunder shall record, in a book
kept solely for such purpose, the details of each disabled vehicle
towed, serviced or transported, together with full information concerning
the details surrounding the tow, the names of the owners of the towed
vehicle and of the patron engaging him/her and the charges paid for
his/her services. The record book herein described shall be kept open
for inspection at all times by any duly authorized representative
of the Township.
b.
Each licensee shall submit by the fifth day of each month a detailed
written report to the Township Police Department indicating all vehicles
towed the previous month and all towed vehicles currently stored.
c.
Each licensee will comply with the police regulations regarding impound
reports and vehicle release permits.
[Ord. No. 2220-09 § II]
Any person who shall violate the provisions of this section
shall, upon conviction thereof, be liable to a fine of not more than
$1,000 or imprisonment for a term of not more than 90 days, or both,
in the discretion of the Judge, and shall be prohibited from receiving
a license for a period of three years from the date of the conviction.
Upon the second or subsequent conviction under the provisions of this
section, a person shall be subject to the above penalty, in the discretion
of the Judge, and shall be prohibited from receiving a license for
a period of 10 years from the date of the second or subsequent conviction.
[Ord. No. 2220-09 § II]
a.
Permits issued under the provisions of this section may be revoked
by the Township Business Administrator, after notice and hearing,
for any of the following causes:
b.
Notice of the hearing for revocation of a permit shall be given to
the licensee in writing, setting forth specifically the grounds of
the complaint and the time and place of the hearing. Such notice shall
be mailed by Certified Mail, addressed to the licensee at its last
known address at least five days prior to the date set for the hearing.
[Ord. No. 2220-09 § II]
a.
Any person aggrieved by the action of the Director and/or Chief of
Police in the denial of a license as provided in this section shall
have the right of appeal to the Business Administrator. Such appeal
shall be taken by filing with the Business Administrator, within 14
days after notice of the action complained of is mailed to such person's
last known address, a written statement setting forth fully the grounds
for the appeal with a copy to the Township Attorney's office.
b.
The Business Administrator shall set a time and place for the hearing
of such appeal and notice of such hearing shall be given to the appellant
in the same manner as provided for the notice of the hearing on revocation.
c.
The decision and order of the Business Administrator on such appeal
shall be final and conclusive.
[Ord. No. 2220-09 § II]
An application for a license under this section shall be in
total compliance with all U.S. Department of Transportation Federal
Motor Carrier Regulations and failure to be in compliance and/or remain
in compliance shall be grounds for denial or revocation of a license.
