[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 9-11-2018 by Ord. No. 2018-32[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 115A,
Towing and Storage, adopted 3-13-2007 by Ord. No. 2007-10, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
When a tow truck and/or hydraulic flatbed car carrier takes
in its possession the care, control and custody of a motor vehicle
by the removal and transportation of a motor vehicle from a highway,
street or other public or private road or a parking area or from a
storage facility and other service normally incident thereto.
The removal of a group or bulk of vehicles from a highway,
street or other public or private road or a parking area or from a
storage facility and other services normally incident thereto.
Fragmentation at the scene of a towing assignment, the removal
of which will require no additional personnel nor specialized equipment
and is exclusive of vehicle contents and/or cargo, both of which will
be classified as "spillage."
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been or is about to
be hooked or lifted by a tower, but prior to the vehicle actually
having been moved or removed from the property.
Commercial motor vehicle designed exclusively to transport
motor vehicles that have become disabled, wrecked, recovered, stolen
and impounded by removing vehicles from roadway level up onto a hydraulic
bed for transporting purposes.
Release of vehicle cargo and/or contents at the scene of
a towing assignment, the removal of which shall not require the need
for additional personnel and/or specialized equipment.
Includes all vehicles propelled otherwise by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles, motorized scooters, motorized wheelchairs and motorized
skateboards.
Any person, persons, partnership, corporation or business
entity who engages in the removal of motor vehicles, basic towing
service, bulk towing service or the operation of a tow truck, hydraulic
flatbed car carrier or singular vehicle designed exclusively to transport
motor vehicles that have become disabled, wrecked, recovered, stolen
or impounded.
Commercial motor vehicle designed exclusively to lift motor
vehicles that have become disabled, wrecked, recovered, stolen and
impounded by means of lifting from the front or rear by the following
methods:
A.
In compliance with N.J.S.A. 40:48-2.49, no person, persons, partnership,
corporation or business entity shall offer to perform or engage or
attempt to engage in the business of towing within the Town of Secaucus,
unless that company complies with the provisions of this chapter,
without first obtaining a license as provided herein.
B.
Tow operators must be registered with the Division of Consumer Affairs
in the State of New Jersey Department of Law and Public Safety, and
maintain this status.
A.
An application for inclusion on the official towers list shall be
submitted to the Town Clerk in duplicate upon a form prepared by the
Chief of Police or their designee, and shall contain all of the following
information:
(1)
Full name, address and contact information for the applicant. This
shall include the name, residence and business addresses, and telephone
number of any person or corporation with ownership interest. All will
be considered applicants under this chapter.
(2)
Details which may be required by the Town concerning applicant's
personnel, vehicles (including, but not limited to, type, vehicle
identification number, license plate and registration information),
equipment and storage facilities, showing that the applicant meets
the minimum standards of performance as set forth in this chapter.
(3)
A certificate or certificates of insurance evidencing insurance coverage
as hereinafter provided.
(4)
Certification that the applicant will provide towing services anywhere
in the Town of Secaucus with a maximum response time of 20 minutes,
except when extraordinary circumstances occur.
(5)
Certification that the applicant will be available for services by
phone 24 hours per day for police calls, and that the applicant will
abide by the fees contained in this chapter.
(6)
Address(es) of the garage(s), storage area(s) and other facilities,
the number of cars that can be stored and the total square footage
of each area.
(7)
Nonrefundable application fee of $50.
B.
Each applicant shall execute an indemnification/hold-harmless agreement
in the form provided by the Town Clerk. The licensee is required to
defend and hold harmless the Town of Secaucus 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 municipal police towing exclusive of the negligent
acts of the Town.
C.
Any applicant must have a maintained a towing business for a minimum
period of one year.
D.
In addition to the foregoing, upon submission of an application,
all applicants are consenting to and agreeing to meet the following
for the protection of public health, safety and welfare:
(1)
A federal and state background check to determine if the applicant
and all persons employed by the applicant, including but not limited
to operators, drivers, supervisors, management and employees, supervisors
and managers, have been convicted of a crime of moral turpitude or
have had their driver's licenses suspended or revoked within
the past year. Conviction of a criminal offense or suspension of driver's
license within one year preceding the date of the application shall,
at the discretion of the Chief of Police, be cause for disqualification
from inclusion on the official towers list. Applicants shall be responsible
for the cost associated with conducting the background checks. The
applicant shall authorize the Chief of Police to be the recipient
of the affirmation or negative response of the background check from
the Federal Bureau of Investigation, Identification Division, the
State Police or other entity.
(2)
An inspection by the Chief of Police or their designee of the personnel,
vehicles, equipment and storage area proposed to be utilized by the
applicant to verify the accuracy of the information contained in the
application.
(3)
Each applicant shall produce such information, documentation and
assurances as may be required to establish the financial stability,
integrity and responsibility of the applicant, including but not limited
to bank references, business and personal income and disbursements
schedules, tax returns and other reports filed with governmental agencies,
and business and personal accounting and check records and ledgers,
if necessary and requested by the Town. In addition, each applicant
shall, in writing, authorize the examination of all bank accounts
and records as may be deemed necessary by the Town.
(4)
A review by the Chief of Police or their designee of the applicant's
professional and business history with the Town and other municipalities
and/or entities, including, but not limited to, adherence with the
necessary requirements, complaints lodged against applicant in the
course of towing services and response reports, or by way of a check
of applicant references for new applications.
(5)
All towing operators and drivers shall partake in the New Jersey
Traffic Incident Management (TIM) Training. All towing operators and
drivers employed with the company at the time of license application
shall agree to attend and complete the New Jersey Traffic Incident
Management (TIM) Training within six months of licensure with the
Town or within a time period approved by the Chief of Police in their
sole discretion.
E.
Review of qualifications: disapproval.
(1)
If, as a result of such investigation, the applicant's qualifications
are found to be unsatisfactory, or if it is found that the issuance
of a license to the applicant would present a danger to the public
health, welfare or safety, the Chief of Police shall indicate their
disapproval on such application with the reasons and shall return
the application to the Town Clerk. The applicant shall be notified
in writing that their application is disapproved, the reasons for
said disapproval and the applicant's right to a hearing. Any
applicant aggrieved by a rejected application is entitled to be heard
by the Town Administrator upon written notice to the Town Clerk within
14 days of the disapproval.
F.
Review of qualifications: approval.
(1)
If, as a result of such investigation, the qualifications of the
applicant are found to be satisfactory, and it is found that the issuance
of a license to the applicant will not present a danger to the public
health, welfare and safety, the Chief of Police shall endorse their
approval on the application and return the application to the Town
Clerk.
(2)
An applicant may be included on the official towers list by the Mayor
and Council by resolution adopted at a public meeting, when, from
consideration of the application and from such other information as
may otherwise be obtained, it finds that all of the following circumstances
exist:
(a)
The applicant has not knowingly and with intent to deceive made
any false, misleading or fraudulent statements of material fact in
the application or in any other document required pursuant to this
chapter.
(b)
The applicant has met the standards in this chapter and has
furnished the required documents and certificate(s) of insurance.
(3)
Upon approval of the application as herein provided and payment of
the fee, the Town Clerk shall issue the applicant an official towers
license pursuant to this chapter.
(4)
Said license shall be prominently displayed in the licensee's
primary place of business at all times.
(5)
The license shall be nontransferable and subject to suspension and/or
revocation as set forth in this chapter.
A.
Each license shall be for a period of two years. All applications
shall be received between the date publicized and at least 30 days
prior to the start date of the period. The fee for said license shall
be $1,000 per two-year license period.
B.
The license issuing authority shall be the Town Clerk. Such additional
rules and regulations, as may be promulgated by the Mayor and Council
pursuant to this chapter, shall take effect after notification of
such upon all licensees in writing at the address contained in the
most current application. The licensee shall be given a reasonable
opportunity to be heard on such changes if requested in writing.
Upon the adoption of this chapter, the Town Clerk shall provide public notice for receipt of any license applications for the initial license period in compliance with § 115A-4. The initial license period shall be from January 1, 2019 through December 31, 2020.
A.
Tow operators shall maintain and have, but not be limited to, the
following equipment:
(1)
Four light-duty wheel lift wreckers with hydraulic booms with a rating
of no less than four tons.
(2)
Two light-duty flatbed type vehicles with wheel lift. They should
have a GVW of a least 24,000 pounds and be equipped with a snatch
block.
(3)
One heavy-duty flatbed capable of towing an oversized limo or any
extra long vehicle. This vehicle should have a GVW of no less than
35,000 pounds and be equipped with a snatch block.
(4)
One heavy-duty rotating wrecker/crane with a rating of no less than
45 tons. The boom must have extendable and rotating capabilities.
This equipment shall be equipped with snatch blocks.
(5)
Three heavy-duty wreckers capable of towing trucks, tractor trailers
and buses. These trucks should be capable of lifting no less than
25 tons and must have snatch blocks.
(6)
One tandem axle tractor with a GVW of 80,000 pounds.
(7)
One landoll type tandem axle hydraulic tilt flatbed trailer with
traveling hydraulic axles and a minimum deck length of no less than
48 feet long. Such trailer shall have a winch of sufficient capacity
to support pulling up heavily damaged trucks and buses.
(8)
One dry freight type trailer of a length of no less than 40 feet
long.
(9)
One full set of air cushion recovery systems with compressor and
hoses.
(10)
One liquid transfer pump.
(11)
One service truck with cutting torches, tire changing equipment,
air compressor, air gun, hand tools, generator set with remote lighting,
traffic cones, chains, pry bar, first aid kit, dust masks, disposable
suits, one fire extinguisher and amber light with proper permit.
(12)
One trailer dolly, either single or dual axle, but a sufficient
capacity to allow safe transport of fully loaded trailers.
(13)
One tandem axle dump truck or roll off truck with a GVW of no
less than 50,000 pounds.
(14)
One medium-duty wrecker wheel lift with a twin cable boom and
wheel lift with a minimum boom rating of eight tons.
(15)
One articulated 4x4 loader of sufficient capacity and size which
would allow the loading of high side walking floor type trailers and
dump trailers.
(16)
One fork lift capable of unloading a trailer.
(17)
One set of heavy duty wheel grids. These wheel grids are required
for the towing and removal of fire apparatus vehicles and low-profile
trucks and buses. These wheel grids must have the capacity to tow
and transport heavy-duty commercial trucks, buses and tractor trailers.
(18)
One back hoe with the capacity to dig around an overturned trailer
or one bobcat type loader to clean up dirt or such due to an overturned
or spilled trailer.
(19)
Safety equipment. Each tow truck shall contain and maintain,
but not be limited to, the following:
(a)
Chains and tie down.
(b)
One snatch box.
(c)
One auxiliary safety light kit to be placed on the rear of a
towed vehicle that does not have functioning taillight flashers.
(d)
Rotating amber emergency lights mounted on top of truck.
(e)
Two white work lights facing the rear of the truck.
(f)
Jumper cables or a jump box.
(g)
One steering wheel tie down.
(h)
Toolbox containing assorted hand tools normally used to conduct
emergency roadwork and towing.
(i)
ANSI-approved safety vests (one per driver/employee which shall
be worn at all times).
(j)
One five-pound ABC-rated powder fire extinguisher.
(k)
One flashlight.
(l)
Five pounds of speedy dry or equivalent.
(m)
One box of flashers.
(n)
One shovel.
(o)
One heavy-duty broom.
(p)
Large plastic bags.
B.
Every tow vehicle or flatbed shall comply with any and all state,
federal and local laws, regulations and ordinances pertaining to safety,
lighting and towing equipment.
C.
Every tow vehicle and flatbed shall have the name of the official
tower displayed on the vehicle in such a manner and of such lettering
as conforms to the provision of N.J.S.A. 39:4-46.
D.
All equipment must be owned and in the applicant's business
name at the time that the application is submitted.
E.
All trucks must have two-way radios or cellular service for communication.
A.
The official tower shall secure, pay the premium for, and keep in
force adequate insurance as provided below, including any renewal
thereof, and name the Town of Secaucus, their officers, officials,
agents, employees and consultants as additional insureds:
(1)
General liability coverage in an amount of not less than $1,000,000
per occurrence and $2,000,000 in the aggregate.
(2)
Umbrella or excess liability insurance coverage in an amount of not
less than $2,000,000.
(3)
Workers' compensation insurance as required by the laws of the
State of New Jersey and applicable federal laws.
(4)
Automobile and garage liability insurance coverage with limits in
an amount of not less than $1,000,000 per occurrence.
(5)
Garage keepers legal liability coverage in the amount of $100,000
per vehicle.
(6)
On hook liability coverage in the amount of $100,000 per vehicle.
(7)
The licensee shall file with the Town Clerk for the Town of Secaucus
for approval one copy of each of the required insurance certificates.
(8)
Each insurance policy shall carry an endorsement to the effect that
the insurance company shall give at least 30 days' notice to
the Town of Secaucus by certified mail, return receipt requested,
of any modification or cancellation of any policies required.
A.
Official towers shall have available, at all times, four towing operators
and one dispatcher. All towing operators and/or drivers must meet
the following requirements:
(1)
All towing operators and drivers must have a valid driver's
license.
(2)
All towing operators must submit to a federal and state background
check, which may be conducted by a designated third-party entity at
a location outside of the Town.
(3)
All towing operators and drivers must obey all traffic laws and regulations,
in compliance with Title 39 of the New Jersey Revised Statutes, and
present a neat appearance at all times.
(4)
All towing operators and drivers shall partake in the New Jersey
Traffic Incident Management (TIM) Training.
B.
Compliance periods for requirements. Licensee is responsible for
ensuring that all operators, drivers, supervisors, management and
employees remain qualified pursuant this chapter for the duration
of the license. Information on new operators, drivers, supervisors,
management and employees shall be provided as an amendment to the
license application to the Town Clerk within 30 days of any hire.
Background checks shall be completed on all new hires and receive
a satisfactory determination from the Secaucus Chief of Police prior
to their response for a call within the Town of Secaucus pursuant
to this chapter. New hires shall attend and complete the New Jersey
Traffic Incident Management (TIM) Training within six months of hire
or within a time period approved by the Chief of Police in their sole
discretion. Failure to comply may be cause for suspension or revocation
of the license.
A.
Every official tower shall maintain a secured storage facility and
business operation that meets the requirements set forth below. The
official tower must be prepared upon request to show written evidence
of its ability to meet these requirements for the duration of their
license.
(1)
For the convenience of the Secaucus Police Department and the convenience
of the residents of Secaucus, the official tower's staffed location
must be located within the Town of Secaucus or no further than two
miles from a road in the Town of Secaucus. Note that the Town of Secaucus
does not dispatch tow trucks to the New Jersey Turnpike.
(2)
The storage area must be secured with a fence, proper lighting from
dusk to dawn, security cameras with recording and storage capabilities
and must be properly marked with the official tower's name.
(3)
A person retrieving their vehicle shall be able to transact all business,
including the pickup of any motor vehicle and the payment of fees,
at the same location.
(4)
The official tower must have storage areas capable of storing 50
light-duty vehicles and five heavy-duty vehicles, including an inside
storage area at least four spaces.
(5)
The official tower will be prohibited from placing a vehicle in storage
at any other location without permission from the Town of Secaucus.
(6)
No impounded vehicle shall be parked on any public street or sidewalk
but must be stored by the official tower in the secured storage area.
The entire location must be level and clear of all debris. There shall
be no piling of vehicles. The official tower shall store all vehicles
in such a manner to prevent any damage to vehicles.
(7)
The official tower shall provide a waiting room with a public rest
room. The waiting room must have a public phone for use by motorists/owners.
(8)
The official tower must accept at least two major credit cards.
(9)
The official tower shall ensure that the public, after securing the
proper release from the Secaucus Police Department, can recover a
towed vehicle from the storage facility on weekdays between the hours
of 8:00 a.m. and 8:00 p.m. and on Saturdays from 9:00 a.m. to 5:00
p.m. excluding holidays. The office of the official tower must be
open and properly staffed during these times.
(10)
The Secaucus Police Department shall have access 24 hours, seven
days a week to any towed vehicle. The official tower must maintain
a telephone number where a representative can be reached by the Secaucus
Police Department 24 hours per day, seven days per week.
(11)
The official tower shall keep a computerized up-to-date inventory
of all cars towed and stored, locations and fees charged. Records
shall be kept and maintained for at least 18 months and shall be available
for review by the Chief of Police or their designee.
A.
The Chief of Police shall maintain a revolving list of licensed towers
to provide service where needed and shall instruct all on-duty officers
to call those listed in alphabetical order on a weekly rotational
basis. Each rotational shift, as referenced above, shall commence
on Sunday at 12:00 a.m. and end on the following Saturday at 11:59
p.m.
B.
The Chief of Police or their designee reserves the right, under extenuating
or emergent circumstances, to deviate from the rotational list of
licensees due to a specific type of equipment and/or expertise required,
and in addition, to contact more than one licensed tower to respond
to the scene due to a large volume of required vehicles to be towed.
C.
Nothing in this section shall prevent the owner or the operator of
vehicle from contacting a tower or roadside assistance provider of
their own choice to remove their vehicle from the public streets or
roadways of the Town after it has become disabled or otherwise inoperable
due to an accident or other reason. Said owner or operator shall have
reasonable time within which to select a tower or roadside assistance
provider of their choice and contact them to remove the vehicle from
the public roadways of the Town. The Secaucus Police Department may
also contact the appropriate tow operator for routine response. The
first tower or roadside assistance provider to arrive on scene and
begin to handle the removal of the car shall be permitted to remove
the motor vehicle. If the Town's tow operator arrives on the
scene after the tower or roadside assistance provider of the owner
or operator's choice, the tow operator shall not charge the owner
or driver of the vehicle nor the Town of Secaucus for response.
D.
In the absence of emergent or hazardous conditions, "reasonable time"
shall be a period not more than 20 minutes. The discretion of the
police officer involved at the scene shall be controlling as to a
determination of conditions requiring immediate removal of vehicles
involved.
E.
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 the Secaucus Police Department or his designee or upon
request of the driver or owner of the vehicle involved.
A.
B.
While an official tower may not charge a service fee for towing and
storage services ancillary to basic services, under certain circumstances
official towers shall be allowed to charge for extra services that
may be required above the basic towing charge. Any such services and
charges shall be in accordance with the fee schedule below:
|
Service or Charge
|
Fee
|
|---|---|
|
Decoupling
|
$25 (up to 10,000 pounds)
$100 (over 10,000 pounds)
|
|
Jump start
|
$25
|
|
Flat tire
|
$25
|
|
Lock out
|
$25
|
|
Road service
|
$25
|
|
Gasoline/fuel service
|
$25, in addition to gasoline/fuel cost
|
|
Crash or window wrap
|
$75 flat fee
|
|
Site clean up
|
$25 per bag of absorbent and $25 per bag of debris removal
|
|
Winching (not applicable to the towing of parked automobiles
or minor maneuvering of automobiles prior to tow)
|
$75 per hour for light tow vehicles (up to 10,000 pounds)
$150 per hour for heavy tow vehicles (over 10,000 pounds)
|
|
Snow locked vehicles
|
$50 per tow additional charge
|
|
Rotator/crane recovery unit service
|
$1,200 per hour
|
|
Tarp
|
$125
|
(1)
Any fees charged for services or equipment not specified in
this Ordinance by the Town of Secaucus shall be in accordance with
and not in excess of rates approved and utilized by the New Jersey
State Police. Said fees shall conform with New Jersey State Police
rates, which may be updated periodically.
[Added 5-29-2019 by Ord.
No. 2019-19]
C.
Licensees shall tow and make minor roadside service repairs to vehicles
owned by the Town of Secaucus and/or its related entities in the event
that they become disabled, without charge to the Town. Such shall
apply to towing only if towed within the County of Hudson. Other charges
for services shall be in accordance with the fee schedule below and
applicable state statutes and regulations, including N.J.S.A. 40:48-2.50:
|
Service
|
Charge
|
|---|---|
|
Storage
|
$3 per day for the first 30 days of storage per vehicle; and
$2 per day for the 31st day of storage and each day thereafter with
a $400 limit per vehicle for storage regardless of the duration of
the storage
|
|
Mileage
|
$3 per mile for any transport of a Town vehicle outside of the
County of Hudson. No mileage/time compensation will be provided for
travel to/from the vehicle
|
D.
If the owner of an unattended vehicle appears on the scene and the
vehicle does not need to be towed or impounded, the licensee shall
not charge for the service call, unless the vehicle has been hooked
up to the tow truck, in which event a decoupling fee not to exceed
$25 for light tow vehicles (up to 10,000 pounds) or $100 for heavy
tow vehicles (over 10,000 pounds) may be assessed against the owner
of the vehicle. The tow operator is not required to wait more than
five minutes on scene to receive payment; any bill for the service
shall be sent directly to the vehicle owner.
E.
Towing service to a location other than the licensee's storage
area, when requested by the vehicle owner or driver, shall be at a
reasonable and customary rate as negotiated between the tow operator
and the vehicle owner or driver.
F.
If a vehicle is moved during snow events, other weather events or
other emergency situations at the direction of the Secaucus Police
Department due to an emergent circumstance to a municipal lot within
the Town of Secaucus, the Town of Secaucus shall be charged a flat
fee of $50 per vehicle moved, regardless of size. No other charges
shall be assessed against the Town or the owner of the vehicle.
G.
On any occasion that the highest-ranking officer on duty deems an
incident to be a hazard or emergent in nature, said officer is empowered
to direct the licensee to respond to the scene of said incident and
to take the appropriate action to ensure the public safety and welfare.
The owner/operator of the involved vehicle will be advised at the
time of the incident that the vehicle will be impounded at the scene
at police direction, and stored until the appropriate payment for
the directed services are paid to the licensee.
H.
Fee schedules, indicating the set rates for towing and storage in
addition to fees for tow service to locations other than those for
the Town of Secaucus, shall be posted in the tow operator's place
of business and kept in the possession of the drivers of all tow trucks/wreckers
and presented to any vehicle driver/owner upon request.
I.
There shall be no charge for towing, storage and/or impoundment if
it is determined by the Chief of Police that such vehicle has been
towed, stored or impounded due to an error by the tow operator or
the Town of Secaucus Police Department. This determination shall be
in the sole discretion of the Chief of Police and is binding upon
the licensee, who shall make no claims against the Town of Secaucus
or the owner of the vehicle. If payment has been received by the licensee,
reimbursement in the full amount shall be made.
J.
There shall be a fee of $50 for towing to a location designated by
the Chief of Police or the highest-ranking officer on duty of the
Town of Secaucus Police Department as part of an investigation for
which the vehicle, which is the subject of the service call, is needed.
The determination that the vehicle is needed as part of an investigation
shall be in the sole discretion of the Chief of Police or the highest-ranking
officer on duty and is binding upon the licensee. Any subsequent service
call for the vehicle to be removed from that location by the Town
of Secaucus Police Department would be subject to the fees set forth
in this section.
[Amended 5-29-2019 by Ord. No. 2019-19]
K.
Payment. The above fees are chargeable once services are rendered.
All charges made by any licensee shall be paid by the owner or operator
or any person, firm or corporation claiming the right to possession
of any vehicle towed or stored by the licensee as provided for herein.
The Town shall not be liable for the payment of any sum to the licensee
which may be due on account of towing or storage.
(1)
A towing company must accept all forms of payment, such as a
credit card or debit card, for payment in lieu of cash for towing,
storage and other fees if the tow operator ordinarily accepts such
payments at the place of business.
A.
Tow operators shall abide by the following while performing services
pursuant to this chapter:
(1)
The tow operator, upon receiving a call for service from the
Secaucus Police Department, must respond to the scene within 20 minutes.
If there is no response within 20 minutes, the Secaucus Police Department
may notify another licensed tow operator to respond to the scene and
cancel the original tower. The Secaucus Police Department will have
the discretion to lessen the twenty-minute time period in the event
of exigent circumstances at the time of the incident. In the event
another licensed tower is called under this subsection, neither the
Town nor the vehicle owner or the operator will be responsible for
any damages incurred by the original tow operator that failed to or
could not respond in time.
(2)
Under appropriate circumstances and with due consideration for
safety, the tow operator shall transport the owner or the operator
of the vehicle to be towed to the site where the vehicle is being
towed or to another point of safety within the Town of Secaucus, at
the discretion of the police officer at the scene, at no additional
cost to the owner or the operator of the vehicle being towed.
(3)
The tow operator, during snow events, other weather events or
other emergency situations at the discretion of the Chief of Police
and upon receiving a call from the Secaucus Police Department, shall
provide and make available a tow truck and driver at police headquarters
or at a specified location within the Town of Secaucus to handle any
tow needs that arise. The Town of Secaucus shall not be charged for
this standby service regardless if the tow operator is utilized or
not during the time period requested.
(4)
All tow trucks and equipment used and employed in the towing
of vehicles shall be kept in clean and good working condition.
(5)
The tow operator shall, when performing under this license,
follow the lawful directions of the officers, agents or representatives
of the Secaucus Police Department.
(6)
No tow operator shall refuse to render towing and storage services
to a vehicle when duly summoned by the Secaucus Police Department.
(7)
Broken glass and debris shall be cleaned by the operator/employee
of the tow truck from the scene of an accident to which they are summoned.
No tow operator shall refuse to remove residual debris from the scene
of an accident pursuant to a police directive made in the interest
of public safety. If the operator/employee does not remove the debris
from the scene of the accident, the tow operator may be subject to
a fine of not less than $25 nor more than $50, pursuant to N.J.S.A.
39:4-56.8.
(8)
No tow operators nor their drivers, employees or agents shall
make, give or cause any undue or unreasonable preference or advantage,
or undue or unreasonable prejudice or disadvantage, to any person
with respect to providing towing services.
(9)
No tow operators nor their drivers, employees or agents shall
give any benefit or advantage, including a pecuniary benefit, to any
person for providing information about vehicles parked for unauthorized
purposes on privately owned property or otherwise in connection with
towing from privately owned property motor vehicles parked without
authorization.
B.
Any violation of this section shall be grounds for suspension or
revocation after hearing pursuant to the procedures set forth herein.
A.
When a tow operator is directed by the Secaucus Police Department
to tow a vehicle intended to be impounded, the tow operator shall
abide by the following:
(1)
Release no vehicle to the vehicle owner without written authorization
from the Secaucus Police Department or a court of competent jurisdiction.
(2)
Allow no person to gain entry to or remove any property from
the impounded vehicle.
(3)
Assume full responsibility for any impounded vehicle released
or disposed of without the written authorization from the Secaucus
Police Department or a court of competent jurisdiction.
B.
For matters concerning impounded vehicles in accordance with Subsection A, upon authorization for release of a vehicle from the Secaucus Police Department or a court of competent jurisdiction, the tow operator shall deem the vehicle released and available for removal by the owner. Fees for storage shall be in accordance with the storage fees set forth in this chapter from the date of impoundment or in accordance with applicable statutory provisions.
C.
For matters involving impounded vehicles for possible seizure or
forfeiture, upon authorization for release of a vehicle from the Secaucus
Police Department or a court of competent jurisdiction, the tow operator
shall deem the vehicle released and available for removal by the owner.
For calculation purposes, fees for storage shall begin on the date
of release by the Secaucus Police Department or a court of competent
jurisdiction, whichever is earlier, in accordance with the fees set
forth in this chapter or the applicable statutory provisions.
D.
Procedures and fees for the auction of junk or abandoned vehicles
shall be in accordance with N.J.S.A. 39:10A-1 et seq. and other applicable
state statutes and regulations.
E.
The tow operator shall provide the Secaucus Police Department with
the following information on vehicles unclaimed over 30 days: vehicle
year, make and color; vehicle identification number; state of registration
and registration number; name and address of owner (if available);
and the Secaucus Police Department case number associated with the
tow. Such information shall be provided at least quarterly or more
frequently upon request by the Secaucus Police Department.
A.
In the event that a complaint is received by the Town of Secaucus
involving the improper or unsatisfactory performance of services by
a qualified tow operator, the Town representative shall advise the
complainant of their right to file a formal complaint against the
tow operator with the Town Administrator or their designee.
B.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against a qualified tow operator in a court of competent
jurisdiction.
A.
The Town of Secaucus may suspend or revoke any approval or license
issued by it, upon the recommendation of the Secaucus Police Department
for good cause, including but not limited to, the following circumstances:
(1)
Has failed to comply with any of the provisions of this chapter;
(2)
Has obtained a registration through fraud, deception or misrepresentation;
(3)
Has engaged in the use or employment of dishonesty, fraud, deception,
misrepresentation, false promise or false pretense;
(4)
Has engaged in gross negligence or gross incompetence;
(5)
Has engaged in repeated acts of negligence or incompetence;
(6)
Has provided unsatisfactory service provided pursuant to this
chapter;
(7)
Has had a towing operation registration or license revoked or
suspended by any other state, agency or authority for reasons consistent
with this section;
(8)
Has violated or failed to comply with the fee schedule in this
chapter;
(9)
Has failed to respond to calls in a timely manner pursuant to
this chapter;
(10)
Has failed to maintain the required insurance pursuant to this
chapter; or
(11)
Has been convicted of: a crime under Chapter 11, 12, 13, 14 or 15 of the Title 2C of the New Jersey Statutes; motor vehicle theft or any crime involving a motor vehicle under Chapter 20 of Title 2C of the New Jersey Statutes; or any other crime under Title 2C of the New Jersey Statutes relating adversely to the performance of towing services or the storage of motor vehicles as determined by the Town.
B.
Notice and opportunity of hearing for suspension or revocation of
a license shall be given in writing, setting forth the grounds of
the complaint and the time and place of hearing with the Town Administrator
and appropriate Town representatives. Such notice shall be served
personally upon the licensee or mailed by registered letter to the
licensee at their last known address at least five days prior to the
date set for the hearing.
C.
In the event of a suspension or revocation of a license, the Chief
of Police or Town Administrator shall report their findings and reasons
to the Mayor and Council.
D.
Any licensee aggrieved by the action of the Chief of Police or the
Town Administrator in the suspension or revocation of an application
for a license as provided in this section shall have the right of
appeal to the Town Council. Such appeal shall be taken by filing with
the Town Council, within 14 days after notice of the action has been
mailed to the licensee's last known address, a written statement
setting forth fully all the facts why the action of the Chief of Police
or the Town Administrator was improper. The Town Council shall set
a time and place for hearing on such appeal and notice of such hearing
shall be given to the appellant in writing. The decision and order
of the Town Council on such appeal shall be final and conclusive.
E.
A tow operator is subject to warnings, suspension and/or revocation
of their license as set forth above in addition to or separate from
any monetary penalties set forth in the subsequent section.
The Chief of Police and the Secaucus Police Department, as agents
of the Chief, shall supervise the enforcement of the terms and provisions
of this chapter.
A.
Any person or corporation who shall violate any of the provisions
of this chapter shall upon conviction be subject to a fine not less
than $500 and not more than $2,000.
B.
Any licensee found to be in violation of the fee schedule as set
forth in this chapter pursuant to N.J.S.A. 40:48-2.51 shall be subject
to a civil penalty not less than $25 or more than $50 for each motor
vehicle stored with the tow operator, and may be ordered to make restitution
equal to any monies overpaid by the victim.
C.
In addition to or separate from any fines imposed pursuant to this
section, a tow operator is subject to warnings, suspension and/or
revocation of their license as set forth in the provisions of this
chapter.
All ordinances or parts of ordinances inconsistent herewith
are repealed as to such inconsistencies.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
This chapter shall take effect upon passage and publication
as provided by law and shall be applicable to any new or renewal applications
as set forth herein.
