[Added 5-8-1985 by Ord. No. 85-06R; 9-11-1991 by Ord. No.
91-07R; 5-13-1992 by Ord. No. 92-05R; 12-28-1999 by Ord. No.
99-25R; 5-10-2005 by Ord. No. 05-10R; 6-14-2005 by Ord. No.
05-14R; 6-13-2006 by Ord. No. 06-11R; 6-13-2006 by Ord. No.
06-12R; 4-1-2019 by Ord. No. 19-06-R]
To establish rules and regulations, pursuant to N.J.S.A. 40:48-2.49,
N.J.A.C. 13:45A-31 and N.J.A.C. 17:33-47 and 48, for the towing and
storage of motor vehicles damaged in accidents, utilized in the commission
of crimes, recovered after being stolen, or otherwise impounded by
the Police Department, from public roadways by operators engaged in
the business of towing and storing motor vehicles.
The provisions of this chapter shall apply to those businesses
that engage in the towing and storage of motor vehicles within the
Borough through the Police Department.
As used herein, the following terms shall have the meaning indicated:
A vehicle which the owner or operator leaves on a public
roadway and fails to notify the police and does not attempt to repair
and remove the same within a reasonable period of time.
A motor vehicle which has been involved in an accident.
Private property towing and other nonconsensual towing as
defined in this section and other ancillary services that include
the following: arriving at the site from which a motor vehicle will
be towed; 15 minutes waiting time; hooking a motor vehicle to, or
loading a motor vehicle onto, a tow truck; transporting a motor vehicle
to a storage facility; unhooking or unloading a motor vehicle from
the tow truck; and situating the motor vehicle in the space in which
it will be stored. "Basic tow" also includes issuing documents for
the release of a motor vehicle to its owner or other person authorized
to take the motor vehicle; issuing an itemized bill; three trips to
the motor vehicle in storage, which, if applicable, include making
a vehicle available to an insurance appraiser or adjuster; issuing
documents for the release of a motor vehicle to its owner or other
person authorized to take the motor vehicle; and retrieving a motor
vehicle from storage during the hours in which the storage facility
is open.
Towing a motor vehicle when the owner or operator of the
motor vehicle has consented to have the towing company tow the motor
vehicle.
A natural person.
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.
Any motor vehicle which is unable to operate under its own
power.
A tow truck designed to transport a motor vehicle by means
of raising the motor vehicle from road level up onto a hydraulic bed
for transporting purposes.
That recovery of any motor vehicle over 10,000 pounds gross
vehicle weight which requires the vehicle to be uprighted or recovered
from either on or off the traveled portion of a public roadway.
The towing of any motor vehicle over 10,000 pounds gross
vehicle weight.
A vehicle which, at the direction of the Police Department
is taken into police custody because the operator of the vehicle was
engaged in a violation of the law, including but not limited to the
operator being arrested on a DWI charge; operator has been arrested
for driving without registration or insurance; the operator has been
arrested for stealing the motor vehicle; vehicle involved in a serious
accident, e.g., death by auto.
The towing of any motor vehicle up to 10,000 pounds gross
vehicle weight.
Includes all vehicles propelled other than by muscular power,
excepting such vehicles as run only upon rails or 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 a motor vehicle when law enforcement orders the vehicle to
be towed whether or not the owner or operator consents.
An individual, sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
Nonconsensual towing from private property or from a storage
facility by a motor vehicle of a consumer's motor vehicle that is
parked illegally, parked during a time at which such parking is not
permitted or otherwise parked without authorization or the immobilization
of or preparation for moving or removing of such motor vehicle, for
which a service charge is made, either directly or indirectly. This
term shall not include the towing of a motor vehicle that has been
abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
A person offering or performing private property towing services.
A storage facility that is either completely indoors or is
surrounded by a fence, wall or other man-made barrier that is at least
six feet high and is lighted from dusk to dawn.
The use of absorbents to soak up any liquids from a motor
vehicle at the site from which a motor vehicle will be towed.
A space at which motor vehicles that have been towed are
stored.
Fees charged for the storage of motor vehicles.
Covering a motor vehicle to prevent weather damage.
A motor vehicle equipped with a boom or booms, winches, slings,
tilt beds or similar equipment designed for the towing or recovery
of motor vehicles.
The moving or removing from public or private property or
from a storage facility by a motor vehicle of a consumer's noncommercial
motor vehicle that is damaged as a result of an accident or otherwise
disabled, recovered after being stolen or is parked illegally or otherwise
without authorization, parked during a time at which such parking
is not permitted or otherwise parked without authorization or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
Dues or other charges of clubs or associations, which provide towing
services to club or association members, shall not be considered a
service charge for purposes of this definition.
A person offering or performing towing services.
A rotating list of all towing services registered with the
Borough kept by the Borough Clerk. When the police require the towing
and storage of a motor vehicle from public roadways, they shall contact
the towing service on the top of the rotating towing list as determined
by this chapter.
Fees charged by a towing service for removal and transportation
of the vehicle.
A business engaged in the towing or storing of motor vehicles
which has been approved for the towing list.
A motor vehicle employed by the towing service for the purpose
of towing, transporting, conveying or removing of motor vehicles from
public roadways.
Manipulating a motor vehicle's transmission, so that the
motor vehicle may be towed.
Every motor vehicle designed, used or maintained primarily
for the transportation of property, including but not limited to buses,
tractor/trailers and any motor vehicles having a gross registered
weight in excess of 10,000 pounds.
Any device in, upon or by which a person or property is or
may be transported upon a highway.
Any time a towing company spends at the site from which a
motor vehicle will be towed, during which the towing company is prevented
from performing any work by another individual, beyond the time included
as part of a basic tow.
The process of moving a motor vehicle by the use of chains,
nylon slings or additional lengths of winch cable from a position
that is not accessible for direct hookup for towing a motor vehicle.
"Winching" 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 motor vehicle onto a flatbed tow truck.
Any material used to cover motor vehicle windows that have
been damaged.
Any self-propelled vehicle equipped and employed for the
purposes of towing, transporting and conveying or removing any and
all kinds of vehicles which are unable to be or actually are not operated
under their own power, for which services a charge or fee is exacted.
The system by which licensees are rotationally contacted
by the Police Department to provide wrecker services to vehicle operators.
The party providing wrecker services herein shall be referred to as
the "rotation wrecker."
A.
No wrecker shall operate upon any road/street in Fanwood Borough
without first registering with the Borough Clerk and obtaining a license
from the Borough Clerk.
B.
Nothing in this chapter shall apply to wreckers who:
(1)
Pick up disabled vehicles outside the Borough limits and are in the
course of taking such vehicles to a garage either in or about the
Borough.
(2)
Are from outside the Borough limits and whose services are requested
by the owner or driver of a disabled vehicle for the purposes of removing
the vehicle from outside Borough limits to a residence or business
within or outside Borough limits.
C.
No towing service shall be placed upon the towing list for the towing or storing of motor vehicles within the Borough, unless the towing service shall first register with the Borough. In order to be placed upon the towing list for light-duty towing, a towing service must be located within five miles of the geographic center of Fanwood Borough or within Scotch Plains Township. The Borough Clerk shall make registration applications available. The Borough Clerk shall place a towing service that has met all the specifications and requirements of this chapter and has registered with the Borough, on the towing rotation list. No towing service on the Fanwood Borough Police Department towing rotation list shall exceed the fees set forth in the attached fee schedule, and may be adjusted annually effective July 1 of each year pursuant to § 280-79B at the request of any one of the registered towing services.
D.
The towing service owner or its authorized representative shall sign
the fully completed registration application form indicating that
the full requirements of this chapter have been met by the towing
service applicant.
E.
If any information provided by a towing service in its registration
application changes, the towing service is responsible for notifying
the Police Department, Police Commissioner and Borough Clerk of the
change in the registration information within 30 days of such change.
Failure to comply with this provision will be deemed a violation of
the chapter.
F.
The annual fee for such license shall be $250 per year and shall
be attached to the completed application. Said fee shall not be prorated
during the given year.
G.
The license shall be issued for one year, commencing January 1 and
expiring December 31 and shall not be prorated.
H.
All license applications shall be completed in full, with all required
attachments and submitted on or before December 1 of the expiring
year.
I.
The application shall contain:
(1)
The full name and residential address of the owner, lessee or bailee
and the applicant.
(2)
The full name and address of the business.
(3)
The type of vehicle(s) for which the license is desired.
(4)
The location, description and hourly availability of the tow trucks
owned or operated by the applicant.
(5)
An indication that the applicant has available space for properly
accommodating and storing all motor vehicles to be towed and otherwise
removed from the location where they exist.
(6)
A proposed list of towing fees to be charged.
(7)
An indication of the applicant's desire to be included or excluded
from the towing list/wrecker rotation.
(8)
Any other information that the Public Safety Committee of Fanwood
Borough may deem necessary to protect the public interest.
J.
The application shall have affixed thereto an affidavit sworn to
by the applicant that all statements in the application are true and
notarized by a currently licensed notary public.
K.
Each applicant shall provide the following documentation:
(1)
A fully completed affidavit of noncollusion.
(2)
Nondiscrimination statements as required by N.J.S.A. 10:5-31 et seq.
(3)
A list of the equipment required by this article including the name,
make, model, vehicle identification number and mileage.
(4)
The insurance information for each vehicle as required by this article.
(5)
A notarized statement that such person owns, leases or controls all
of the equipment required.
(6)
A notarized statement providing the names and residential addresses
of principles of the business and, in the case of a corporation, the
names and residential addresses of the officers and directors and
all persons owning at least 10% of the corporation.
L.
The Chief of Police or his/her designee, Borough Clerk and Police
Commissioner are hereby authorized to administer and enforce all provisions
of this chapter related to wreckers and towing.
M.
All applicants for towing and/or storage of vehicles shall be submitted
to the Borough Clerk.
N.
The Borough Clerk or his/her designee and Public Safety Committee,
using the requirements of this article, shall approve all applications
for towing operators to be used on a rotational basis for the purpose
of providing emergency towing, road and storage services to the owners
of motor vehicles utilizing all roadways in Fanwood Borough.
O.
Any license issued to an applicant is not transferable by the licensee
to another person that is not listed on the current application.
A.
No license shall be issued to an applicant hereunder until he/she
has deposited with Fanwood Borough the current proof of insurance
with the amounts of coverage listed. The minimum amounts of insurance
a towing company shall secure and maintain are:
(1)
Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is up to 26,000 pounds, for the death of, or injury to,
persons and damage to property for each accident or occurrence in
the amount of $750,000, single limit; and
(2)
Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is more than 26,000 pounds, for the death of, or injury
to, persons and damage to property for each accident or occurrence
in the amount of $1,000,000, single limit; and
(3)
A garage keeper's liability policy covering fire and theft in the
amount of $100,000 per vehicle and collision coverage in the minimum
amount of $100,000 per accident; and
(4)
A garage keeper's liability policy covering the operation of the
applicant's business, equipment and vehicles and for any bodily injury
or property damage. This policy will be in the amount of $100,000
for any one person killed or injured and $500,000 for more than one
person killed or injured in any one accident. This policy shall also
provide $100,000 coverage for all damages arising out of injury or
destruction of property.
B.
A towing company shall also secure and maintain, for every tow truck, insurance that covers garage keeper legal liability in the amount of $100,000, and "on-hook" coverage, either as an endorsement on the insurance required by Subsection A above or in the amount of $100,000.
D.
Each policy must contain a hold harmless clause that agrees to release,
indemnify, and hold harmless Fanwood Borough and their agents and
employees, from and against all claims, damages, losses, and expenses,
including reasonable attorneys' fees in case it shall be necessary
to file an action, which is for bodily injury, illness or death, or
for property damage, including loss of use, and caused in whole or
in part by the actions of the applicant and/or their agents and employees.
E.
Each policy required herein must contain an endorsement providing
for 30 days' notice to Fanwood Borough in the event of any material
change or cancellation.
F.
During any period the applicant does not maintain insurance the license
shall be suspended until proof of required coverage is presented to
the Borough Clerk, Police Chief and Police Commissioner.
A.
All fee schedules must be legible and shall be posted in plain sight
at the entry of the office area and in plain sight of any area where
payments are accepted. All fee schedules must be presented to the
customer immediately upon request.
B.
All fee schedules shall be kept on file in the Police Department
and with the Borough Clerk and shall be available for inspection by
the public during normal business hours of the municipality.
C.
Fees and rates for towing and storage of motor vehicles damaged in accidents, utilized in the commission of crimes, recovered after being stolen, or otherwise impounded by the Police Department, shall not exceed the limits set forth in the attached fee schedule, and may be adjusted annually effective July 1 of each year pursuant to § 280-79B at the request of any one of the registered towing services.
D.
All fee limits set by this section shall be increased or decreased
by an amount equal to the annual percentage rate as determined by
the U.S. Department of Labor, Consumer Price Index (CPI) for the New
York Metropolitan Area.
E.
Fees and services covered by this article:
(1)
Basic tow, which shall be a flat fee; and
(2)
In the case of a motor vehicle involved in an accident the following
additional services, if actually performed:
(a)
Waiting time 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;
(b)
Brush cleaning, including collection of debris that can be picked
up by hand, which shall be a flat fee;
(c)
Site cleanup, which shall be calculated based upon the number
of bags of absorbent used;
(d)
Winching, which shall be based upon each 1/2 hour spent performing
winching;
(e)
The use of window wrap, which shall be a flat fee;
(f)
Tarping, which shall be a flat fee;
(g)
Transmission disconnect, a flat fee, which shall be charged
only if a motor vehicle is locked and the towing company is unable
to obtain the keys for the motor vehicle;
(h)
Use of a flatbed tow truck, a flat fee, which shall be charged
if a motor vehicle can be transported only by a flatbed tow truck;
(i)
Use of special equipment other than the first tow truck to recover
a motor vehicle that cannot be recovered by winching or pieces of
a motor vehicle that cannot be moved by hand, which may be both a
labor and an equipment charge billed in half-hour increments;
(j)
Decoupling;
(k)
Storage at a towing company's storage facility;
(l)
More than three trips to the motor vehicle in storage, which
may be invoiced as an administrative fee, which shall be a flat fee;
and
(m)
Releasing a motor vehicle from a towing company's storage facility
after normal business hours or on weekends, which shall be a flat
fee.
F.
A towing company that engages in private property towing or other
nonconsensual towing shall not charge for the use of a flatbed tow
truck if a motor vehicle can safely be towed in an upright position
by another type of tow truck, even if the private property towing
company chooses to use a flatbed tow truck for the tow.
G.
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.
H.
A towing company shall not charge any fee for private property towing or other nonconsensual towing and related storage services not included in Subsection E(2)(e) above.
I.
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 use good faith efforts to resolve the dispute. If the parties are unable to resolve the dispute and the Borough Administrator and Public Safety Committee determine the fee to be unreasonable under this article or N.J.A.C. 13:45A-31.5, the Borough Administrator shall 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, as calculated pursuant to Subsection E(2)(m) below.
J.
The interest rate imposed pursuant to Subsection E(2)(i) above shall be based on the average rate of return, to the nearest whole or 0.5%, for the corresponding preceding fiscal year terminating on June 30, of the State of New Jersey Cash Management Fund (state accounts) as reported by the Division of Investment of the Department of the Treasury.
K.
A towing company performing a private property tow or other nonconsensual
tow shall take the motor vehicle being towed to the towing company's
storage facility having the capacity to receive it that is nearest
to the site from which the motor vehicle is towed.
L.
A bill for a private property tow or other nonconsensual tow shall
include the time at which a towed motor vehicle was delivered to a
towing company's storage facility.
M.
Unreasonable fees.
(1)
A fee for private property towing or other nonconsensual towing services,
and storage services, shall be presumed unreasonable if it is:
(a)
More than 25% higher than the fee charged by the towing company
or storage facility for the same services when provided with the consent
of the owner or operator of the motor vehicle; or
(b)
More than 50% higher than the fee charged for such other nonconsensual
towing or related storage service by other towing companies or storage
facilities operating in the municipality from which the vehicle was
towed.
The rules and regulations governing wreckers and copies of the
fee schedules shall be available to the public through the Borough
Clerk during normal business hours of the Borough, Monday through
Friday, holidays excluded, and are as follows:
A.
All towing services placed on the Police Department towing list shall
be available to respond to a police request for a tow twenty-four
hours a day, seven days a week, including holidays.
B.
No driver of any wrecker shall seek employment by repeatedly and
persistently driving his wrecker to and fro in a short space or by
otherwise interfering with the proper and orderly progress of traffic
along the public highways.
C.
No driver or owner of a wrecker shall solicit or attempt to divert
prospective patrons of another wrecker and shall not solicit or divert
prospective patrons of any garage to another garage.
D.
No driver or owner of a wrecker shall solicit, demand or receive from any person any pay, commission or emolument, except the proper fare for transporting the disabled vehicle in accordance with the schedule of charges as given in § 280-80 of this article. He/she shall not give or offer to give any gratuity, fee or other compensation for gifts to any member of the Police Department.
E.
No flashing lights or sirens shall be used on a wrecker, except by
permission granted by the State Director of Motor Vehicles under the
provisions of N.J.S.A. 39:3-50.
F.
Wreckers shall keep and maintain towing equipment which is adequate
to perform such towing service in a reasonable workmanlike manner.
G.
Wreckers shall not employ or use illegally a short-wave radio to
obtain information as to the location of the scene of an accident
or disabled vehicle.
H.
All towing companies shall respond to a call in any part of the Borough
within 30 minutes. If a towing company does not respond within 30
minutes of a call, the towing company next on the list shall be called
and entitled to provide services as needed, and the first towing company
shall lose any claim to compensation.
I.
All drivers and operators of towing vehicles shall be properly licensed
to operate a motor vehicle within the State of New Jersey and are
subject to driver's license checks by the Borough Police Department
at the time of registration and at least on an annual basis thereafter.
All drivers and operators of towing vehicles shall be certified towing
operators by one of the two nationally recognized towing safety organizations
- WreckMaster or Towing and Recovery Association of America. All towing
vehicles shall be properly registered and inspected in accordance
with any applicable law.
J.
All applicants and/or agents must submit to a criminal history check
in compliance with the New Jersey State Police Criminal Information
Unit, State Bureau of Identification (SBI form 212B). The applicant
and/or agents and/or operators shall not have received a DWI/DUI and/or
criminal conviction within the last ten years for any indictable offense
or any offense involving stolen or embezzled vehicles, fraud relating
to the towing business, stolen property, or any other offense of similar
nature.
K.
All vehicles must be towed in a safe manner.
L.
All towing companies shall be capable of providing reasonable roadside
services to disabled vehicles such as, but not limited to, jump-starting,
changing of flat tires and providing fuel. Such services will only
be performed if they can be done so safely, as determined by the police
officer on the scene.
M.
All towing companies shall make available a copy of its basic rates
and a business card to all owners and operators of motor vehicles
which will be towed.
N.
Towing companies shall not remove any motor vehicle which has been
abandoned or involved in an accident in any public roadway without
first notifying the Borough Police Department.
O.
The Police Department shall not call a towing company to remove a
vehicle from private property unless the vehicle was involved in an
accident or suspected criminal activity. The Police Department shall
provide the property owner with all available information regarding
the ownership of the motor vehicle on their property, and the property
owner will then be responsible for making their own arrangements to
remove the vehicle.
P.
The towing company shall notify the Police Department, Borough Clerk
and Police Commissioner of all vehicles found by the towing company
to have been abandoned and not claimed within 14 days after being
stored. The Police Department shall, upon notification, expeditiously
process the vehicle in accordance with the New Jersey Motor Vehicle
Code concerning abandoned and unclaimed motor vehicles.
Q.
The Borough Clerk and Police Commissioner may promulgate an application
and minimal requirements for vehicular towing, which requirements
shall not be inconsistent with this chapter and which shall be enforced
pursuant to the procedures set forth in this chapter.
R.
The Borough may grant a license hereunder when it is determined that:
(1)
The public convenience and necessity require the proposed wrecking
service for which the application has been submitted.
(2)
Insurance policies, as required by this chapter, have been procured.
(3)
The applicant is a reputable person.
(4)
All applicants and/or agents submitted to a criminal history check
in compliance with the New Jersey State Police Criminal Information
Unit, State Bureau of Identification (SBI form 212B). The applicant
and/or agents and/or operators have not received a DWI/DUI and/or
criminal conviction within the last 10 years for any indictable offense
or any offense involving stolen or embezzled vehicles, fraud relating
to the towing business, stolen property, or any other offense of similar
nature.
(5)
The applicant has suitable and secure, indoor and outdoor storage
space for towed vehicles.
(6)
The requirements of this chapter and all other governing laws, statutes
and ordinances have been met.
(7)
The applicant has a minimum of two trucks, one of which must be the
flatbed type.
(8)
In the event that a truck meeting the criteria of the Commercial
Driver License Act is towed, it shall be the responsibility of the
licensed tower to arrange for removal and/or storage of said vehicle.
A.
A towing list will be kept with the Police Department, Borough Administrator and Police Commissioner. The towing list shall include all towing companies that have registered with the Borough. A towing company shall be placed on the bottom of the towing list upon registration with the Borough. The towing list shall be a rotating list as provided for in Subsections B through D.
B.
When the need arises, the Police Department will call the towing
company on the top of the list. The towing company called, if it shall
perform any of the services covered by this chapter, shall be placed
on the bottom of the towing list and not called again until all other
towing companies on the towing list have been called.
C.
If a towing company is unavailable to perform required services when
called by the Police Department, for whatever reason, said towing
company shall be charged with a call and placed on the bottom of the
towing list, and the next available towing company shall be called.
The towing company that responds in its place shall remain at the
top of the list.
D.
If a towing company, after being dispatched, is recalled and does
not perform any duties or services covered by this chapter, the towing
company shall remain on the top of the towing list. However, if a
towing company arrives at the scene of an incident in which its services
are required and cannot perform said services, it shall lose its place
on the towing list, and the next towing company on the list shall
be called.
E.
No licensee shall respond to the scene of an accident, except upon
notification by the police officer in charge at police headquarters
or upon request of the driver or owner of the disabled vehicle.
F.
No vehicles are to be towed into the Fanwood Police Department parking
lot unless specifically ordered, in writing, by the Chief of Police
or his/her designated representative. Vehicles under police investigation
shall be towed free of charge.
G.
Towers shall provide free brake tests and inspections to the Fanwood
Police Department for towed vehicles, upon request. The tower will
also be responsible to testify in court with regard to the brake test
and/or inspection so conducted.
H.
The Police Department shall keep a record of all towing services
assigned by a police officer, listing the date, time and licensee
performing the towing service and the owner of the disabled vehicle.
A monthly report of the towing record shall be provided in the monthly
report to the Police Commissioner.
A.
All storage facilities operated or used by towing companies shall
meet requirements of the commission of insurance set forth in N.J.A.C.
11:3-38.1 et seq., as well as all local zoning and code requirements,
and must be located within five miles of the geographic center of
Fanwood Borough or within Scotch Plains Township.
B.
All towing companies shall have a secure indoor storage facility
at its disposal for motor vehicles that have been involved in criminal
activity and impounded by the Police Department.
C.
All applicants shall provide a diagram of the applicant's property
showing the space(s) designated for accommodating disabled vehicles
and have a minimum storage space for six vehicles.
D.
If the storage property is leased by the applicant, a copy of the
lease shall be provided with the application and the duration of the
lease shall be concurrent with the duration of the license.
E.
All storage facilities shall have a business office open to the public
between 7:00 a.m. and 5:00 p.m. at least five days a week, excluding
holidays recognized by Fanwood Borough.
F.
All towing companies shall have secure storage facilities that can
be reasonably protected from unauthorized entry.
G.
A towing company that engages in private property towing or other
nonconsensual towing shall provide or arrange for after-hours release
of stored motor vehicles.
H.
A towing company that does not release a stored motor vehicle to its owner, or other person authorized to take the motor vehicle, during normal business hours when requested, as required by Subsection C above, shall not charge a fee for after-hours release of the stored motor vehicle.
I.
All storage areas shall be kept in a safe and sanitary condition
and screened from public view. Screening shall comply with existing
Borough zoning requirements.
J.
The Chief of Police, or his/her designee and Police Commissioner,
or his/her designee shall be permitted to enter storage areas to assure
compliance with this chapter.
K.
Any complaints or disputes arising from the towing and storage of
motor vehicles required by the municipality shall be resolved by the
Public Safety Committee.
L.
All licensees shall maintain reasonable security for all towed vehicles
to safeguard against vandalism and theft.
M.
Storage facilities shall be safe and sanitary and accessible to the
public between the hours of 7:00 a.m. and 5:00 p.m., every day except
Saturdays, Sundays and Borough-recognized holidays.
A.
Every driver of a wrecker shall immediately provide the customer
a receipt for the fee charged/paid.
B.
All towing companies shall keep accurate records of all motor vehicles
towed and stored at the direction of the Borough Police Department.
A copy of such records shall be provided to the Borough Clerk and
Police Commissioner on a monthly basis.
C.
A towing company that engages in private property towing or other nonconsensual towing shall make records retained pursuant to Subsection B above available for review by the Police Department upon request.
D.
A towing company that performs private property or other nonconsensual
towing shall retain, for three years. Video footage shall be stored
for a minimum of 90 days or longer if directed by the Chief of Police
and/or by applicable laws. The following records and a copy of such
records shall be provided to the Borough Clerk and Police Commissioner
on a monthly basis on or before the 15th of each month:
(1)
Invoices for both consensual towing and nonconsensual towing services;
(2)
Job orders;
(3)
Documentation of waiting time;
(4)
Logs, which shall include the time when a towed motor vehicle was
delivered to the towing company's storage facility from a private
property or other nonconsensual tow and the date and purpose of each
trip to the motor vehicle in storage;
(5)
A written and video report of the condition of the interior and exterior
of the vehicle prior to the vehicle being removed from the scene;
(6)
An inventory on the contents of the vehicle;
(7)
Documents relating to private property and other nonconsensual towing
services performed and rates charged for services; and
(8)
Any contracts under which the private property towing company is
authorized to perform private property towing services.
A.
All towing companies engaged in light-duty towing shall have at least
one rollback truck and one wrecker, with necessary brooms and equipment
to do the complete removal. Each truck must have a manufacturer's
capacity of at least 10,000 pounds' gross vehicle weight and a manufacturer's
boom capacity of four tons. Proof of capacity must be supplied to
the Police Department at the time of registration.
B.
All towing companies engaged in heavy-duty towing shall have one
heavy-duty wrecker with a manufacturer's capacity of not less than
33,000 pounds' gross vehicle weight and a boom capacity of not less
than 12 tons independently or 24 tons jointly; air brakes so constructed
as to lock rear wheels; heavy-duty underreach.
C.
All towing companies engaged in heavy-duty recovery shall have two
heavy-duty wreckers with manufacturer's capacity of not less than
33,000 pounds' gross vehicle weight and boom blocks with a 12-ton
rating and two scotch blocks capacity of not less than 12 tons independently
or 24 tons jointly; two power winches with pulling capacity of not
less than 12 tons each; at least 200 feet of cable at least nine-sixteenths
of an inch diameter on each drum; double boom to permit splitting,
or single boom hydraulically elevated and extendible with a 360°
swivel on the end of the boom; air brakes so constructed as to lock
rear wheels; heavy-duty underreach; two snatch blocks with a 12-ton
rating and two scotch blocks.
D.
All towing vehicles must have radio equipment with a 24-hour dispatch
service or a cellular telephone for the purpose of maintaining communications
with the Police Department radio desk.
E.
All towing vehicles must be equipped with at least one five-pound
ABC-type fire extinguisher, safety chains, substances for application
to small liquid spills, and stiff push brooms to clean up debris at
scene.
F.
Proof of towing vehicle and equipment specifications shall be provided
to the Borough with the registration application.
G.
All towing vehicles are to conform with all applicable state and
federal laws and shall be subject to inspection by Borough officials
during normal business hours at the time of registration and on a
semi-annual basis thereafter.
If a motor vehicle operator or owner wishes to have his vehicle
towed by a particular towing company, their request shall be honored,
providing the police officer in charge at the scene has not already
determined that the motor vehicle in question will not be removed
in an expeditious or safe manner and will jeopardize the public safety,
in which case the motor vehicle operator or owner shall be required
to utilize a compensated dispatched towing company.
A.
The owner or operator of any motor vehicle required to be towed or
stored shall have the right to remove all personal items and effects
from the motor vehicle unless the Police Department has placed a police
hold on any such items.
B.
The motor vehicle owner or his representative shall have the right
to take photographs of any stored vehicles for insurance purposes.
C.
Upon request of the motor vehicle owner or his representative, a
towing company shall provide a detailed and itemized bill for all
services rendered.
All towing companies shall be responsible for collection of
all fees for services rendered.
A.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
or by imprisonment for a term not exceeding 90 days, or by a period
of community service not exceeding 90 days; and each violation of
any of the provisions of this article and each day there is a violation
thereof shall be deemed and taken to be a separate and distinct offense.
B.
The Chief of Police, or his/her designee and Police Commissioner,
or his/her designee shall be permitted to enter to enter storage areas
to assure compliance with this chapter. If noncompliance is determined,
the findings will be reported to the Public Safety Committee, who
may authorize up to 10 days to comply. The Borough Clerk shall immediately
notify the licensee of the noncompliance and the ruling of the Public
Safety Committee. Upon such notice, the licensee may request a public
hearing before the Public Safety Committee to discuss the noncompliance
and offer remedies to eliminate the violations. The request for such
hearing shall be made to the Public Safety Committee Chairperson,
in writing, within 14 days of notification of noncompliance. In the
event that compliance is not met within the specified time period,
the license shall be revoked and shall not be reinstated until approval
by the Mayor and Council.
C.
All violations of this chapter and all complaints by the public or
Police Departments against any towing company shall be forwarded to
the Borough Clerk and Police Commissioner.
D.
The Borough Administrator and Police Commissioner shall determine
if any complaint or violation against a towing company is of such
a serious nature as to warrant a hearing and possible disciplinary
measures. If they decide that a hearing is required, the Borough Administrator
and Police Commissioner shall, upon proper notice to all interested
parties, conduct a hearing in which all parties may present evidence.
If, after a hearing, the Borough Clerk and Police Commissioner find
that a towing company has violated any provision of this article,
the Borough Administrator and Police Commissioner may, depending on
the seriousness of the offense:
(1)
Fine the violating party not more than $1,000.
(2)
Suspend the violating party from the towing list for not more than
three months for a first offense; not more than six months for a second
offense; not more than one year for a third offense.
(3)
Permanently remove the violating party from the list for any violation
after its third offense.
E.
The violating party shall have the right to appeal a decision of
the Borough Administrator and Police Commissioner to the Fanwood Borough
Council or its designee.
F.
In addition to the procedures and penalties set forth in this section,
a violation of any of the rules set forth in this article shall be
considered an unlawful practice to the extent so provided under P.L.
1960, c. 39 (N.J.S.A. 56:8-1 et seq.).
Employees of a licensed tower shall not be employed by the Borough
nor shall such person(s) act as agent or representative of the Borough
in any capacity. The Borough shall not be responsible for the conduct
of any employee of a licensed tower.
