[HISTORY: Adopted by the Township Council of the Township
of Verona 10-10-2017 by Ord. No.
2017-25[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed Ch. 140,
Art. XV, Towing, amended 12-18-2006 by Ord. No. 14-06 and 9-9-2015
by Ord. No. 8-15.
A.
N.J.S.A. 40:48-2.49 authorizes the Township to regulate the business
of removal and storage of motor vehicles and to set rates and charges
for the same.
B.
The Township of Verona seeks to exercise the authority conferred
by the aforementioned statute and adopts this chapter establishing
minimum requirements for a towing contractor to provide services and/or
vehicle removal and/or impoundment and/or storage of vehicles when
determined necessary by the Township of Verona Police Department.
C.
The provisions of this chapter shall not apply to the towing of a
motor vehicle from private property. Towing from private property
is governed by regulations set forth in N.J.A.C. 13:45A-31.6.
As used in this chapter, the following terms shall have the
meanings indicated:
A granulated or powdered substance used to soak up fluids
used in the operation of motor vehicles. A bag or container of absorbent
will be defined as weighing 50 pounds.
Charges for post-accident services, including but not limited
to services such as physical inspection, telephone and/or fax calls,
removal of personal items, additional paperwork and more than three
trips to the motor vehicle in storage.
The cleanup and removal of small quantities of fluids used
in the operation of a motor vehicle which leak onto the ground.
Arriving at the site from which a motor vehicle will be towed,
hooking a motor vehicle to, or unloading a motor vehicle onto a tow
truck, transporting a motor vehicle to a storage facility, unhooking
or unloading a motor vehicle from a tow truck and situating the motor
vehicle in the space in which it will be stored.
The towing of a vehicle or the removal and transportation
of a vehicle from a highway, street or other public or private property.
The highest ranking sworn officer within the Verona Police
Department.
The towing of a motor vehicle, when the owner or operator
of the motor vehicle has consented to have the towing operator tow
the motor vehicle.
The operation of a tow truck within the Township of Verona
to solicit vehicle towing, emergency road service and/or other related
towing services unless in response to a police request.
Releasing a motor vehicle to its owner or operator when the
motor vehicle has been, or is about to be, hooked to or lifted by
a tow truck, but prior to the motor vehicle actually having been moved
or removed from the property.
A motor vehicle which has been abandoned or rendered inoperable
by mechanical failure or accident. Any motor vehicle, operable or
inoperable, which constitutes a hazard to the motoring public by its
location shall be deemed disabled for the purposes of this chapter.
Repairs which may be performed at the location of a disabled
vehicle, including but not limited to flat tire changing, jump-starting,
gasoline deliveries, etc.
An unobstructed, flat, forty-foot-by-twenty-five-foot area
where a vehicle can be placed when needed for inspection by the police.
A tow truck with dual rear wheels and air brakes capable
of towing and wheel lifting large vehicles damage-free and which meets
the following minimum requirements:
The storage of a motor vehicle upon the order of the Police
Department at either the towing operator's storage area or at
a Township facility as a result of abandonment, involvement in an
accident, suspected criminal activity and/or any violation of Title
39 of the New Jersey Statutes or municipal ordinances.
Any wrecker/tow vehicle licensed pursuant to the provisions
of this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind that has been issued a license
by the Township, pursuant to this chapter, to provide wrecker/towing
services to the Township.
A tow truck with dual rear wheels capable of towing or wheel
lifting vehicles which meets the following minimum standards:
Distance in miles that a tow vehicle travels while towing
a vehicle.
A vehicle carrier equipped with a wheel lift and roll back/tilt
bed with dual wheels capable of removing and transporting small trucks,
full-size vans or large passenger cars damage-free and which meets
the following minimum requirements:
A tow truck with dual rear wheels capable of towing and wheel
lifting small trucks damage-free and which meets the following minimum
requirements:
All vehicles propelled other than by muscular power, excepting
such vehicles as run only upon rails and tracks and motorized bicycles,
motorized scooters, motorized wheelchairs, and motorized skateboards.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle. Nonconsensual towing includes towing
of a motor vehicle when law enforcement orders the motor vehicle to
be towed, whether or not the owner or operator consents.
That care which is normally used to protect a motor vehicle
from further damage, including but not limited to the use of tarps
for environmental protection and security protection for storage areas.
Any motor vehicle storage facility that is not located within
an enclosed structure and that conforms to the following minimum standards:
The entire land area shall be enclosed by a fence of sturdy
construction, a wall or other man-made barrier that is at least seven
feet in height, with a minimum of one lockable gate for ingress and
egress, in accordance with local zoning regulations.
All entry points shall have a locking device.
The area shall have adequate lighting to protect stored vehicles
from vandalism.
The towing operator shall submit proof that he owns or leases
an area, for the storage of a minimum of 50 vehicles, within a fifteen-minute
response time to any call for towing or service within the Township
of Verona. Said proof shall include the deed or deeds to the property
or the leases to the same. The towing operator shall submit proof
of local zoning compliance for use of the storage facility.
A person, firm, corporation or partnership who owns and/or
operates a motor vehicle on the roads and highways within the Township
of Verona.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Verona Police Department.
The licensed place of business of each towing operator. Each
towing operator shall maintain his/her own place of business where
trucks, in response to police requests, are normally kept. Towing
operators shall not share a principal location. The impound area shall
be located adjacent to, or be part of, the principal location and
shall comply with the local zoning ordinances.[1] The principal location must be open to the public between
8:00 a.m. and 6:00 p.m. at least five days per week and the principal
location shall contain a clean, comfortable waiting area with toilet
facilities.
The nonconsensual towing from private property or from a
storage facility of a person's motor vehicle that is parked illegally,
parked during a time at which such parking is not permitted, or otherwise
park without authorization or immobilization of, or preparation for
moving or removing of such motor vehicle to which a service charge
is made, either directly or indirectly.
The procedure in which the tow operator applies his knowledge
in a skillful manner to preserve the condition of the motor vehicle
while moving the vehicle to a towable position; can be achieved by
several actions that may include but are not limited to winching and
rigging.
The sweeping and removal of all debris left on the roadway
as a result of an accident or incident.
The list of towers prepared by the Chief of Police from which
the on-duty tower is designated.
The use of absorbents to soak up any liquids from a motor
vehicle at the site from which the motor vehicle will be towed and
sweeping and removal of all debris left on the roadway as a result
of an accident or incident.
Any twenty-four-hour day or any portion thereof, with a new
day beginning at 12:00 midnight.
The storage and/or holding of vehicles indoors or outdoors
by a licensee under the authority of this chapter.
Covering a motor vehicle to prevent weather damage.
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
motor vehicles.
Any vehicle towed by a licensed tower pursuant to this chapter
that is left unclaimed for a period in excess of seven calendar days.
Distance in miles traveled by a tow vehicle to a disabled
vehicle or the distance in miles traveled by a tow vehicle after dropping
off a vehicle out of town at the customer's request.
Every device in or upon or by which a person or property
is or may be transported upon a highway, except devices moved by human
power.
Additional time that a tow operator spends at the scene,
other than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to emergency medical
services (EMS) which must be performed and/or police investigations.
The process of moving a motor vehicle, by the use of chains,
nylon slings or additional links of winch cable, from a position that
is not accessible for direct hookup for towing a motor vehicle. Winching
also includes recovering a motor vehicle that is not on the road,
and righting a motor vehicle that is on its side or upside down, but
does not include pulling a vehicle onto a flat bed tow truck.
Any material used to cover motor vehicle windows that have
been damaged.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying, recovering or removing
any and all kinds of motor vehicles which are unable to be and actually
are not operated under their own power from the place where they are
disabled to some other place, or any vehicle(s) which the Police Department
has ordered to be impounded. A tow vehicle must be manufactured by
a tow-truck manufacturer that is nationally recognized by the towing
industry.
A charge for a motor vehicle, towed into the storage facility
of the licensed tower, that is inoperable and must be towed from the
licensed tower's storage facility to a public street for towing
by a secondary tower.
A.
Towing operators meeting the qualifications set forth below shall
submit an application, in writing, to the Township Clerk to be considered
for placement on a rotating list of towing operators. There shall
be a maximum of four towers on the list per year.
B.
All applicants for a towing license, in order for the application
to be deemed complete, must provide the following:
(1)
The complete legal business name, business address, principal location
address and Department of Transportation (DOT) number.
(2)
The complete home address, home telephone number, date of birth and
social security number of the applicant, if a sole proprietorship,
or the complete home addresses, home telephone numbers, dates of birth
and social security numbers of the principal officers and partners
if the licensee is a corporation or partnership.
(3)
Photocopies of all registrations of every tow vehicle to be operated
by the applicant. If the tow vehicle is leased, the applicant is required
to submit a copy of the lease agreement.
(4)
The names, addresses and telephone numbers of any persons possessing
any liens and/or encumbrances on the principal location.
(5)
The name, address and telephone number of the applicant's insurance
carrier and photocopies of each certificate of insurance issued by
the carrier.
(6)
Photocopies of all towing vehicle operators' current drivers'
licenses, along with their social security numbers.
(7)
Evidence demonstrating that the applicant has at least five years
of personal experience in the field of towing and storing of vehicles.
(8)
Proof that the applicant has a principal location within a fifteen-minute
response time to any call for towing or service within the Township
of Verona.
(9)
Proof that the applicant's principal location meets all zoning
requirements applicable to the jurisdiction in which it is located.
(10)
Proof that the applicant can guarantee a fifteen-minute response
time on all calls with the exception of delays caused by unexpected
traffic or unusual conditions.
(11)
The applicant shall provide an affidavit that the information
given in the application is true and correct.
(12)
The applicant shall provide an agreement that, upon issuance
of a license, the licensee shall indemnify and hold harmless the Township
of Verona, its agents, servants and/or employees from and against
all claims of a third party relating to the towing and/or storage
service of the licensee.
(13)
Applications will be processed according to the order in which
they were filed with the Township Clerk. In the event there are more
than four qualified applicants, the four applicants whose principal
place of business is closest to the center point of the intersection
of Bloomfield Avenue and Gould Street shall be selected. The distance
shall be determined by a straight line between the center point of
the intersection and the center point of the applicant's principal
place of business as indicated on the Township's mapping software.
All initial applications shall be accompanied by a nonrefundable fee of $500 payable to the Township of Verona. A renewal application shall be accompanied by a nonrefundable application fee of $500 payable to the Township of Verona. The application fees are in addition to any fee for criminal background checks or fingerprinting required in § 488-5 as well as any other fees required by this chapter. Said fees are in addition to the license fees as set forth in § 488-6.
A.
Upon filing an application with the Township Clerk's Office,
the applicant, including all persons listed on the application, shall
respond to the Police Department's Records Bureau with a current
driver's license or other government issued photo identification.
Each person shall be photographed and be provided with a fingerprint
form from a fingerprint vendor authorized by the State of New Jersey.
Each person shall, at their own expense, respond to the authorized
fingerprint vendor's location for a fingerprint check. In addition,
a driver's abstract will be obtained for all persons listed in
the application.
B.
Upon receipt of the results of the fingerprint check and subsequent
criminal history check, as well as review of each applicant's
driver's abstract, the Police Department shall notify the Township
Clerk's Office of those results with a recommendation on whether
or not the applicant should be approved or denied, and if any person
listed should be disqualified. The Township Clerk shall then notify
the applicant of said results.
C.
The licensee and all employees must be trustworthy in that the licensee
must safeguard vehicles and personal property belonging to others
as well as secure and protect evidence when a vehicle is impounded
by the police due to an accident investigation or criminal activity.
Therefore, to protect the public interest, the Township may disqualify
any applicant wherein an employee, owner, principal, agent and/or
officer has been convicted of a crime involving moral turpitude or
excessive moving violations or a substantial violation under this
chapter.
D.
Once a license is granted, the licensee shall notify the Township
Clerk, in writing, of any criminal charges, motor vehicle offenses
or ordinance violations that are issued against the licensee or its
employees during the term of the license. Failure to make the proper
notification to the Township Clerk may result in the revocation of
the license.
E.
If a towing company charges a consumer a fee for a private property
or other nonconsensual towing service that is disputed by the consumer,
the parties shall make a good faith effort to resolve the dispute
with the Police Department. If the parties are unable to resolve the
dispute, the complaint may be forwarded to the Director of the New
Jersey Division of Consumer Affairs, who shall make a determination
as to whether or not the fee is unreasonable under N.J.A.C. 13:45A-31.5.
The Director may order the towing company to reimburse the consumer
for an amount equal to the difference between the charged fee and
a reasonable fee, plus interest.
A.
Upon written notification by the Chief of Police to the Township
Clerk that an application has been reviewed and the Police investigation
has been completed, the Township Council shall at a public meeting
approve the issuance of a license.
B.
In addition to the application or renewal application fees set forth in § 488-6, the yearly license fee shall be $75, payable to the Township of Verona. Any tow operator that previously was granted a license under former Chapter 140, Article XV, of the Code of the Township of Verona, and said license was, or is becoming, void because of the repeal of that ordinance, shall not be required to the $75 application fee for calendar year 2018. Everyone must pay this and all other required fees thereafter.
C.
Upon approval by the Township Council, the Township Clerk of the
Township of Verona shall issue a license to the licensee pursuant
to this chapter, as well as individual stickers for each wrecker that
has been inspected and approved by the Chief of Police to be operated
during the term of the license.
D.
All towing licenses will be issued for a period of one year beginning
January 1 of each year and expiring on December 31. Applications for
license and license renewal are to be completed and returned to the
Township Clerk by September 1 of each year for a license for the following
calendar year, except for 2017 where applications shall be completed
and returned to the Township Clerk no later than November 1. Licenses
or renewals filed after the deadline will not be accepted for the
following calendar year. Should the number of towers fall below four,
the Township, at its sole discretion, may accept applications after
the deadline, but in no case shall the number of towers exceed four.
E.
Licenses are the property of the Township of Verona and may not under
any circumstances be assigned, leased, shared, transferred or sold
to another person, corporation or proprietorship.
F.
Upon the issuance of the license, the licensee may during the term
of the license advertise and place on his equipment that the licensee
is an authorized police tower for the Township of Verona.
G.
The licensee shall pay to the Township of Verona $12 for each vehicle towed under this chapter. Said charge is for administrative costs incurred by the Township. The administrative fee shall be included in the fees charged pursuant to § 488-12 and shall not be charged to the owner/operator as an additional fee. The licensee shall pay the above fee on a monthly basis to the Township Clerk of the Township of Verona, and said payment is due on the 15th of every month for all vehicles towed during the previous month. If payment is not made on a timely basis, the license may be suspended or terminated after a hearing by the Township Council. No administrative fee shall be charged for Township vehicles.
H.
The licensee shall pay a vehicle inspection fee of $75 for each tow
truck that the licensee adds to his fleet during the year that provides
service under this chapter. The licensee shall also pay a fee of $35
in addition to any fees for criminal history checks, for each towing
vehicle operator he adds during the year that provides service under
this chapter.
A.
The towing operator must be able to provide, 24 hours a day, seven
days a week, towing services for the Township, on a rotating basis,
at the direction of the Chief of Police or his designee.
B.
The Chief of Police or his designee shall assign call-out weeks from
the rotating list. A tower that wishes to change his assigned week
due to vacation or conflict must submit a request, in writing, to
the Chief of Police or his designee for approval. Change requests
must be submitted at least 14 calendar days prior to the date of the
change in order to ensure a substitute tower can be arranged. Only
the Verona Police Department is permitted to make changes to the rotating
list.
D.
The on-duty tower shall be called for the removal and storage of
the disabled vehicle. In the event that the on-duty tower is unable
to respond to calls or to respond in a timely manner due to unusual
conditions, then the next tower on the rotating list shall be called.
Towers are not permitted to make their own callouts. Only the Verona
Police Department is permitted to make callouts.
E.
Cruising by a towing company's vehicles is not permitted.
A.
The towing operator shall provide and maintain the following types
of insurance coverage to be obtained from insurance companies licensed
to do business in the State of New Jersey and shall provide the Township
with certificates of insurance evidencing proof of the following required
coverages:
(1)
Automobile liability in an amount not less than $1,000,000 for bodily
injury per person, $3,000,000 for bodily injury per accident and $500,000
for property damage per accident.
(2)
Workers' compensation as required by statute.
(3)
Garagekeeper's liability in an amount not less than $500,000
per claimant and $1,000,000 for more than one claimant.
(4)
Garage liability in an amount not less than $2,000,000 combined single
limit.
(5)
Comprehensive general liability in an amount not less than $2,000,000
B.
Policies shall be endorsed to provide collision coverage for vehicles
in tow.
C.
On all policies except workers' compensation, the Township shall
be named as an additional insured.
D.
All policies must contain a provision requiring notification to the
Township of any policy cancellation or revision at least 30 days prior
to either cancellation or revision.
E.
The towing operator shall provide an excess or umbrella liability
insurance policy in the amount of $2,000,000.
A.
The equipment to be used by the towing operator shall meet the following
requirements:
(1)
All equipment must be of the type, condition and design to efficiently
perform the work required by the Township of Verona.
(2)
A licensee, when filing an application and at all times while holding
a license under this chapter, shall own or lease for use in performing
the services required by the license the following pieces of equipment:
(a)
Regular wrecker service: a minimum of two trucks (one flatbed
tow truck and one wrecker);
(b)
Heavy-duty wrecker service: a minimum of one heavy-duty wrecker.
It shall not be a requirement that each operator maintain a heavy-duty
wrecker. Only those operators that maintain a heavy-duty wrecker in
addition to the regular wrecker service equipment shall be placed
on the heavy-duty wrecker call-out list.
B.
The following safety equipment shall be carried on all towing trucks:
(1)
Chains and tie-downs to secure vehicles.
(2)
A snatch block.
(3)
An auxiliary safety light kit to be placed on the rear of a towed
vehicle that does not have functioning taillight flashers.
(4)
Rotating amber emergency lights mounted on top of truck. (A state-issued
permit is required and must be in the truck.)
(5)
Two white work lights facing from the rear of the truck.
(6)
One shovel and broom.
(7)
Fifty pounds of absorbent.
(8)
Jumper cables or a jump box.
(9)
A steering wheel tie-down.
(10)
A toolbox with assorted hand tools normally used to conduct
emergency roadwork and towing.
(11)
Two reflectorized traffic safety vests.
(12)
One five-pound A-B-C-rated dry powder fire extinguisher.
(13)
One flashlight.
C.
A reflectorized traffic safety vest shall be properly worn as the
outside garment by all employees performing work while on a roadway,
24 hours a day.
D.
The towing operator shall provide all trucks with a shovel, broom and other equipment necessary to clean up broken glass and debris from the scene of any accident to which they are summoned. The towing operator shall be responsible for the subsequent cleanup. Each truck shall have a minimum of 50 pounds of absorbent for oil and/or any other liquid, except gasoline, that might be spilled onto a roadway as a result of an accident. If gasoline is spilled as a result of any accident, it shall be the responsibility of the Police Department to notify the Fire Department for immediate removal. Absorbed liquids, other than gasoline, shall be removed from the roadway by the tower, placed in plastic bags and then placed in the towed vehicle by the towing operator and shall be disposed of by the owner of said vehicle. The towing operator may charge a fee as set forth in § 488-12E(3).
E.
All trucks used by the towing operator shall be kept in a clean,
good-working condition. The towing operator shall have displayed on
all of his trucks in such a manner and of such lettering as conforms
to the provisions of N.J.S.A. 39:4-46.
F.
Each towing operator shall furnish the following information with
respect to the aforementioned trucks: the make, model, year and registration
number of each truck and the DOT number. A photostatic copy of each
registration and insurance card shall also be included. For leased
trucks, the towing operator shall be required to furnish a copy of
each lease. Only trucks listed on the application shall be used by
the towing operator. This list may be updated during the year. All
newly added vehicles are subject to inspection.
The towing operator shall have a storage area that meets the
following requirements:
A.
The outside storage facility used for storage of vehicles shall be
paved or stoned.
B.
The outside storage facility shall provide a minimum of 3,000 square
feet of storage space.
C.
All storage facilities shall be located within five-miles radius
of the Township of Verona Municipal Building located at 600 Bloomfield
Avenue, Verona, NJ.
D.
Signs which readily identify the storage facility and which comply
with all applicable laws and local zoning regulations shall be installed.
E.
No towed vehicle shall be parked upon a public or private street
or sidewalk. Said vehicle shall be stored by the towing operator within
the licensed storage area so provided.
F.
The entire outside storage area shall be enclosed by a fence or sturdy
construction, a wall or other man-made barrier that is at least seven
feet high which may include one foot of barbed wire, with at least
one lockable gate for ingress and egress, in accordance with local
zoning regulations.
G.
The impound area shall be properly lighted from dusk to dawn and
must be properly safeguarded from vandalism and/or theft.
H.
The Township of Verona Police Department shall be granted access
to any part of the impound area at any time, day or night, for the
purpose of inspection and/or investigation. This shall include indoor
and outdoor areas.
I.
There shall be no unescorted access to the aforementioned impound
area by the public. Said area shall be posted in accordance with Verona
Police Department regulations.
J.
A small storage area shall be set aside for vehicles that may be
involved in a police incident. In addition, an indoor secured area
shall be provided for at least one vehicle, when requested by the
police.
K.
Unless required by Township of Verona Police Department, all vehicles
shall be stored in the outside storage area.
L.
The towing operator shall conspicuously post at his place of business
the fee schedule for storage and towing of vehicles.
M.
There shall be no piling of vehicles.
N.
The storage area shall be located adjacent to, or be part of, said
licensed principal location and shall comply with the local zoning
ordinances. Use of satellite storage facilities by the towing operator
is prohibited.
O.
All wreckers owned or leased by the towing operator shall be stored
and registered at the principal location as listed on the application.
P.
The towing operator shall provide reasonable accommodations for after-hours
release of stored motor vehicle and shall not charge a release fee
or other charge for the release of motor vehicle to their owners during
their normal business hours or on weekends.
The employees of the towing operator shall meet the following
requirements:
A.
An employee of the towing operator shall under no circumstances be
deemed an agent, servant and/or employee of the Township or represent
to the public that he/she is an employee of the Township of Verona.
B.
No person shall be employed by the towing operator unless he/she
has obtained a record check and has been approved by the Township
of Verona Police Department. Any towing operator with a record of
a felony criminal conviction shall not be qualified to receive a license
under this chapter. Any of its employees with a felony conviction
may not perform any services under this chapter.
C.
The towing operator and his employees are prohibited from collecting
or attempting to collect a fee, commission, pay or charge other than
as provided for in this chapter.
D.
The name of the individual tow truck employee shall be listed on
the towing ticket/receipt.
E.
The towing operator shall indicate the number of employees to maintain
the requirements of this chapter.
F.
The towing operator shall provide the Police Department with a list
of said personnel and copies of each operator's driver license
(CDL if applicable) and social security number.
G.
No towing operator shall employ, directly or indirectly, any employee
of the Township of Verona Police Department.
H.
No cruising by personnel shall be permitted.
I.
The licensee shall be responsible for basic environmental cleanup and may charge the owner of the vehicle involved in the actual spill a fee as outlined in § 488-12E(3).
J.
The licensee shall be responsible for roadway cleanup, which shall include but not be limited to removing broken glass and debris at the scene of an accident, as per N.J.S.A. 39:4-56.8b, and may charge the owner of the vehicle that created the debris a fee as outlined in § 488-12E(3).
K.
The police officer at the scene of an accident or disabled vehicle
shall be in complete charge and shall be responsible to guarantee
that the scene is properly cleared and safe for traffic to resume
safely.
A.
B.
The following is the fee schedule for storage services for all types
of vehicles while stored at the towing operator's storage facility:
D.
Rates for vehicle recovery and/or winching:
(1)
Wreckers and personnel.
(a)
Medium-duty wrecker: $150 per hour, to be charged in thirty-minute
increments with a one-half-hour minimum.
(b)
Heavy-duty wrecker: $300 per hour to be charged in thirty-minute
increments with a one-hour minimum.
(c)
Additional manpower: $60 per hour per man.
(d)
Level 3 Recovery Supervisor: $90 per hour.
(2)
Licensees may, however, charge additional fees for extraordinary
recovery and/or winching. All services must be itemized on the statement
for services.
E.
Additional services that may be required:
(1)
Axle pull/drive shaft/transmission disconnect: $40 flat rate.
(2)
Hookup air: $25 flat rate.
(3)
Roadway cleanup: $50 per hour, to be charged in 30 minute increments
with a one-half-hour minimum.
(5)
No yard charge may be billed.
(6)
Waiting time: $40 per hour, in excess of 15 minutes, which shall
be calculated based upon each 15 minutes spent at the site from which
a motor vehicle will be towed, with fewer than 15 minutes, rounded
up to 15.
(7)
The use of window wrap or tarping is $25.
(8)
The licensee shall prepare an itemized billing invoice for all services
rendered.
(9)
A tower cannot charge to move a vehicle outside of their lot for
police tows.
F.
A towing company that engages in private property towing or other
nonconsensual towing shall calculate storage fees based upon full
twenty-four-hour periods a motor vehicle is in the storage facility.
For example, if a motor vehicle is towed to a storage facility at
7:00 p.m. on one day and the owner of the motor vehicle picks up the
motor vehicle before 7:00 p.m. the next day, the towing company shall
charge the owner of the motor vehicle only for one day of storage.
If a motor vehicle is stored for more than 24 hours, but less than
48 hours, the towing company may charge for two days of storage.
G.
Customers must be able to use cash, insurance company check, debit
card, charge card or credit card to pay for services. The Township
will not be held liable for, or assist the towing operator, in the
collection of any unpaid fees that are incurred for performing towing
or storage services.
H.
The rates on the Township of Verona Towing and Storage Rate Schedule
represent the maximum rates permitted under this chapter. It shall
be unlawful for any licensee to charge a rate in excess of the rates
prescribed or for any service not specifically covered in this chapter.
I.
Mileage rates. There shall be no mileage charge, for any vehicle
towed under this chapter, to respond to the service call or from the
point of service back to the licensee's principal location. If
the owner or operator designates the vehicle to be towed to another
location other than the licensee's principal location, then the
licensee may charge for loaded mileage outside the boundaries of the
Township of Verona. Mileage charges per mile outside of Verona shall
be $4 per mile or part thereof.
J.
Heavy-vehicle recovery (over 16,000 pounds).
(1)
To perform heavy-vehicle recovery, the Township requires that the
licensee have on-scene a recovery supervisor with a Level 3 certification
from the Towing and Recovery Association of America (TRAA) or other
nationally recognized certification.
(2)
To perform heavy-vehicle recovery under this chapter, the licensee
must:
(a)
Visually document the recovery scene through photos or videotape.
(b)
Prepare a written report of all procedures employed, actions
taken, equipment used and manpower requirements to complete the recovery
process in the safest manner and provide a copy to the vehicle owner
with the statement for services.
(c)
Prepare an itemized billing invoice for all services rendered.
(3)
If the licensee finds it necessary, due to the nature of the recovery,
to contract additional recovery services to supplement its equipment
and manpower recovery, the contracted service providers must work
under the supervision of the licensee. The licensee may not subcontract
the entire recovery. In the event that the heavy-duty wrecker operator
is unable to handle the recovery, then the next heavy-duty wrecker
on the rotating list shall be called.
A.
The towing operator shall maintain records of all vehicles towed,
stored and released by it. Records shall be kept for a three-year
period. These records shall include the name of the responding police
officer, name of towing employee, the date and time of tow-in, destination
towed, vehicle tag number and state, vehicle identification number,
make, model, color and year of vehicle, itemized charges to the owner
of the vehicle and the disposition of the vehicle and date thereof.
B.
The towing operator shall maintain a record of all property found
anywhere in the towed vehicle, including the trunk and glove compartment
when open and where a key is available.
C.
The Township of Verona shall, upon request, have access to any and
all of these records. The Verona Police Department shall conduct a
quarterly audit of each tower's records and provide a written
report to the Township Clerk's office.
D.
The licensee shall notify the Verona Police Department, in writing,
of any vehicle that is left unclaimed for a period in excess of seven
calendar days.
E.
The licensee shall prepare and issue to the owner/operator a written
itemized invoice for all services rendered under this chapter. The
invoice shall reflect the date, time, location and the employee that
performed the service and that the service performed was at the request
of the Township of Verona Police Department. A copy of the invoice
shall be retained by the licensee and filed in a manner that coincides
with the licensee's current filing methods that will allow immediate
access to such record when requested by the Township of Verona Police
Department.
F.
The licensee shall incur the cost of preparing a payment rate circular
for fees listed under this chapter and shall distribute this rate
circular at the time of tow to all customers, at no cost, which also
includes directions to the storage location, business hours, phone
numbers, major credit cards accepted and other methods of payment
accepted.
A.
Tow-truck drivers shall have and maintain a valid driver's license
for the tow vehicle that they operate. Drivers that operate heavy-duty
wreckers shall have the following endorsements on their commercial
driver's license:
B.
Within two years of the effective date of this chapter, all tow-truck
drivers that operate tow vehicles must obtain the Towing and Recovery
Association of America (TRAA) National Driver Certification Level
1 or other nationally recognized certification. Drivers that operate
the heavy-duty tow truck must obtain the Level 2 certification.
C.
New employees shall have one year from their date of hire to obtain
the TRAA Level 1 certification or other nationally recognized certification.
During the initial year of employment, they may perform services as
listed under the provisions of this chapter, provided that the licensee
documents that he has trained the employee in the proper use of the
equipment he will operate.
D.
To perform any recovery operation, the licensee must have at least
one employee certified as a TRAA Level 3 or other nationally recognized
certification.
A.
All complaints received by the Township regarding a towing operator's performance under the provisions of this chapter shall be investigated by the Chief of Police or his designee and resolved to the satisfaction of all parties. In the event that the complaint cannot be resolved to the mutual satisfaction of the parties, the matter shall be submitted to the Township Manager or his designee. The decision of the Township Manager or his designee shall be final. For complaints/disputes involving fees for nonconsensual towing services that cannot be resolved by the Police Department, see § 488-5.
B.
The towing operator shall at all times comply with this chapter,
or the Township shall remove the towing operator from the rotating
list after written notification from the Police Department and an
opportunity for a hearing conducted by the Township Council.
C.
The Chief of Police is hereby designated to enforce the provisions
of this chapter in accordance with due process of law.
D.
The Chief of Police shall investigate and keep, and maintain for
a period of five years, a record of all complaints that are received
regarding the provisions set forth in this chapter.
E.
The Chief of Police has the authority to suspend any license at any
time for criminal activity, Title 39 violations or any violation(s)
of this chapter. When a license is suspended, the Chief of Police
shall forward a full report to the Township Manager within 15 business
days after said suspension. If the licensee objects to the determination
of the Chief of Police, the licensee may request a hearing before
the Township Council. The licensee must notify the Township Clerk,
in writing, of a request for a hearing within 20 days of the suspension
notice issued by the Chief of Police. The Township Council, at the
conclusion of the hearing, may affirm or reverse the decision of the
Chief of Police.
F.
The Chief of Police shall oversee all licensed wreckers to ensure
that they are kept in a safe condition. The Chief of Police may inspect
any or all licensed wreckers at any time. If at any time the Chief
of Police finds the equipment inadequate or unsafe, the Chief of Police
may demand immediate correction and suspend the wrecker license until
such time as the violation is corrected. Once a wrecker license is
suspended, all identifiers listing the wrecker as a Township of Verona
police wrecker shall be removed from the wrecker by the licensee.
A.
Any person or towing operator who violates the provisions of this
chapter shall, upon conviction, be fined as follows:
B.
In addition to any penalties that may be imposed by the Municipal
Court, the Township Council may, after conducting a hearing regarding
the violation(s), terminate the license issued pursuant to this chapter
for repeated violations of this chapter.
