The purpose of this chapter is to provide standards, regulations
and rates for police-requested towing and storage services requiring
a response thereto by the licensees. It is the further purpose of
this chapter to regulate these services from both a public safety
perspective that would result in the quickest response time in good
and bad weather, thereby minimizing waiting time both for police officers
on scene and the removal of motor vehicle cars from the roadway as
a result of an accident and from an administrative perspective to
ensure compliance with the requirements and specifications of this
chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
CRUISING
The operation of a tow truck in and upon a roadway within
the Borough of Kenilworth to solicit vehicle towing and/or storage
business except in response to a police request.
DRIVER
The person operating the tow truck for the licensee.
HEAVY DUTY
A tow truck with dual wheels, capable of towing large trucks
and shall meet the following minimum requirements: gross vehicle weight
(GVW): 30,000 pounds/gross combination weight rating (GCWR): 80,000
pounds/boom rating: 50,000 pounds/winch rating: 50,000 pounds/cable
size and length: 5/8 inch and 200 feet/equipped with chassis lift/under-reach:
retracted rating 30,000 pounds and extended rating 15,000 pounds.
INSIDE BUILDING
A vehicle storage facility that is completely indoors, having
one or more openings in the wall, for storage and removal of vehicles
and that is secured by a locking device on each opening. An inside
building shall not include a trailer or container storage.
LEASE
A vehicle may be leased by the towing company. If the registration
is such that the lessee is not listed, the licensee will be required
to show a lease agreement and insurance naming both the licensee and
lessor on the same policy as the other vehicles used by the licensee.
In addition, the licensee's name and address must be affixed
on the actual vehicle.
LICENSE
The document approved and issued by the Borough of Kenilworth
granting the privilege to tow and store vehicles and perform other
towing operations for the Borough of Kenilworth.
LICENSEE
A towing operator having a license granted by the Borough
of Kenilworth pursuant to the provisions of this chapter.
LIGHT DUTY
A car carrier of the rollback and tilt type, with dual wheels,
capable of removing and transporting passenger cars damage-free and
shall meet the following minimum requirements: GVW: 14,500 pounds/GCWR:
13,500 pounds/winch rating: 8,000 pounds/cable size and length: 3/8
inch and 50 inch/bed length: 19 feet/wheel liftRetracted rating: 3,500
pounds and extended rating: 1,500 pounds.
MEDIUM DUTY
A tow truck with dual wheels, capable of towing small trucks
and shall meet the following minimum requirements: GVW: 18,000 pounds/GCWR:
30,000 pounds/boom rating: 24,000 pounds/winch rating: 30,000 pounds/cable
size and length: 7/16 inch and 200 feet/wheel lift rating: 9,000 pounds
and extended rating: 6,500 pounds.
OUTDOOR SECURED
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier, that is at least
eight feet high and is installed with a passive alarm system or other
on-site security measures.
OWNER
An individual or entity who or which owns or leases, and/or
operates, parks or abandons a vehicle within the Borough of Kenilworth.
POLICE
The Police Department of the Borough of Kenilworth or of
any jurisdiction having authority in the subject matter.
PRINCIPAL LOCATION
The business office of an applicant/licensee, where the licensee
shall conduct business associated with the towing and storage of vehicles
under authority of the towing license issued by the Borough of Kenilworth.
RESPONSE TIME
The time from when the police call the licensee and then
until the licensee arrives at the location to service the vehicle.
ROUTINE CALLS FOR SERVICE
A police request for road service of a disabled vehicle,
i.e., dead batteries, flat tires, out of gas or other services that
do not require towing.
TEMPORARY LICENSE
A towing license, authorized by the Chief of Police, and
issued by the Borough of Kenilworth for the purpose of replacing a
current license, whether that replacement be due to the closing of
the business or the revocation of the licensee's towing license
for a violation of this chapter. This license is for emergency situations
only, and the cost will be prorated on a monthly basis.
TOWING OPERATOR
An individual or entity engaged in the business of providing
towing and storage services.
TOWING SERVICES
The towing service and/or on-site vehicle repair of the following:
tire changes, jump starts or gasoline rendered by a towing operator.
VEHICLE
Every device in, upon or by which a person or property is
or may be transported upon a highway or street.
WAITING TIME
The time a licensee has equipment and personnel waiting at
a scene to perform a towing operation.
WINCHING CABLE FEE
A one-time fee charged when a vehicle has left the roadway,
overturned or become embedded, attached, or hitched to another vehicle,
tree, pole, guardrail or other fixed object.
License to tow shall be issued for a three-year period. Three
calendar years shall be referred to as a license period.
The following schedule of nonrefundable fees is adopted for
the obtaining of a towing license:
A. Application fee: $250 by certified or bank check with application.
B. License fee: $1,000 by certified or bank check due and payable upon
the granting of the license.
The licensee shall at all times maintain the equipment and storage
and garage facilities required by this chapter throughout the term
of the license period. Failure to maintain the required equipment
and storage and garage facilities throughout the license period may
subject the licensee to a suspension or revocation. The Police Chief
or his designee may from time to time inspect the licensee's
equipment and storage and garage facilities to ensure continued compliance
with this chapter throughout the license period.
Towing and storage services shall be governed by the following
provisions:
A. The schedule when a licensee will be on duty will be set by the Police
Department's Traffic Bureau and approved by the Chief of Police.
Towers will be responsible to have equipment available 24 hours a
day, seven days a week, while on rotation of all licensed towers.
Towers will be responsible to have equipment available 24 hours a
day, seven days a week.
B. The licensee shall respond to all police requests for towing and/or
road service, when requested by a police dispatcher or any other police
officer expressly authorized to communicate such a request. The licensee
will respond with the number of tow trucks requested to the scene
within a reasonable time. Such reasonable time shall be deemed to
be 16 minutes under normal atmospheric conditions and within 30 minutes
in inclement weather. This may be extended in emergency situations,
such as floods or blizzards.
C. If a licensee is wholly or partially unable to respond due to failure
of any equipment or personnel insufficiencies, the licensee will immediately
notify the Police Department who will contact another eligible towing
company. If such an incident occurs, the licensee will furnish, in
writing, within five business days, the details of the circumstances
which caused the failure to respond to the Police Department's
Traffic Bureau which will make a determination if a follow-up investigation
and/or inspection of the licensee's facility is required.
D. Tow trucks of a licensee shall not cruise roadways within the Borough
for business and shall not respond to any scene where towing may be
required except upon request of the Kenilworth Police Department or
any other Police Department.
E. No rotating or flashing lights or sirens shall be used on a tow truck
except as permitted by the New Jersey Division of Motor Vehicles (DMV)/Department
of Transportation (DOT) (N.J.S.A. 39:3-50), and all vehicles operated
by the licensee shall have a current permit for said lights issued
by the DOT along with all other required vehicle documents. Unless
specifically licensed to have red rotating and flashing lights, any
vehicle so equipped will not be considered for use in the Borough
of Kenilworth.
F. All tow trucks shall be operated in accordance with all existing
traffic regulations and in a safe and prudent manner. Tow truck drivers
will request police assistance when they find it necessary to turn
around, back up, tow in a direction opposite the flow of traffic,
cross a median or other hazardous situation during the course of providing
service or towing.
G. Each licensee will be responsible for all vehicles and visible contents
in their custody that are towed off the roads under direction of the
police and shall assist officers in making an inventory at the scene
to note such contents of each vehicle.
H. No vehicle will be removed from any roadway within the Borough without
proper authorization from the police at the scene, or the vehicle
owner or operator, as the case may be.
I. No licensee shall be required to tow to an area further than the
licensed storage area between the hours of 6:00 p.m. and 8:00 a.m.
unless said licensee agrees to tow farther. If the licensee agrees
to tow farther than the licensed storage area between 6:00 p.m. and
8:00 a.m., he/she will only do so if adequate towing coverage will
be available to the Borough.
J. The investigating officer and/or supervisor at the incident scene
is in complete charge of the incident scene (excluding actual towing
operations), and all tow truck drivers shall comply with the officer/supervisor's
instructions.
K. Each licensee, prior to departing from the scene of towing services,
shall be required to clean and clear the roadway of any debris resulting
from any accident at such scene when rendering towing services, and
at all times carry the necessary equipment to perform such cleaning
services. Such equipment shall minimally include, but is not limited
to, a broom and shovel. The licensee may charge the owner or his insurance
company for the services rendered.
L. In the event a licensee refuses to tow or render services at the
scene of an accident or disabled vehicle (except when a heavy-duty
tow truck is required) when requested by the police or vehicle owner/operator,
the officer assigned to the incident shall report the refusal to his
supervisor with all pertinent details.
M. Each licensee shall be required to keep up-to-date records of all
vehicles towed in conjunction with this license. Each licensee shall
provide the Kenilworth Police Traffic Bureau with a list of all vehicles
towed by order of the police (impounded) that remain unclaimed in
storage every Friday by 12:00 noon.
N. Vehicles impounded or confiscated by the police and stored by the
licensee shall not be released or disposed of by the licensee without
written authorization by the Kenilworth Police Department.
O. The towing operator, upon receiving a vehicle, shall immediately
contact the owner of the vehicle by telephone and in writing within
one business day, inform the owner that the towing operator is in
possession of the vehicle; the cost the owner has incurred; the procedure
for obtaining a release of the vehicle; and the consequences for failure
to retrieve the vehicle within the proper time frame. The towing operator
must maintain accurate records of owner notification(s) and attempted
notifications.
P. The towing operator must handle removal of all abandoned and junk
vehicles for the Kenilworth Police. The towing operator must have
the capability of towing/removing abandoned vehicles and trailers
without wheels, locked (including steering), or any/all other conditions.
The towing operator must have the capability of towing/removing of
all heavy equipment regardless of size and weight. The towing operator
shall remove any vehicle which the Kenilworth Police Department may
lawfully direct them to do so and shall store same at their lot(s)
until said vehicle(s) is reclaimed by the lawful owner, or is otherwise
disposed of according to law.
Q. The towing operator shall be responsible for any vehicle and the
contents thereof towed off the roadway under the direction of the
police and after receiving said vehicles in their custody and control,
and shall reimburse the owner of such vehicle removed for any such
damage or loss sustained to any vehicle or its contents while the
said vehicle is in the towing service company's custody and control.
R. The towing operator must, in addition to the removal of all debris
from an accident scene, which includes sweeping the roadway, preserve
any evidence the Kenilworth Police determines necessary for potential
criminal and civil cases.
S. The licensee shall not charge a storage or towing fee to the Borough
when it tows and stores a vehicle, designated by the Police Department,
to be impounded and/or stored as part of a criminal investigation
(i.e., vehicle seizure) by the Kenilworth Police Department or other
law enforcement agency operating within the Borough of Kenilworth,
except that this provision shall not prevent the licensee from seeking
restitution, including storage or towing fees, in a criminal prosecution
resulting from the criminal investigation.
Towing and storage charges shall be paid by the owner of a vehicle
towed and/or stored by a licensee at police request, and pursuant
to N.J.S.A. 40:48-2.49, such charges shall be as follows:
A. Towing services. The following is the fee schedule for towing services:
(1)
Daytime.
Daytime Towing Fees
|
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|
Light Duty
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Medium Duty
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Heavy Duty
|
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First two miles or less (wrecker)
|
$55
|
$75
|
$400*
|
First two miles or less (flatbed)
|
$75
|
$85
|
N/A
|
Each additional mile or any portion thereof
|
$2.50
|
$4.50
|
|
* NOTE: Per hour or fraction
|
(2)
No towing operator will be required to tow any vehicle in excess
of the towing area.
(3)
Daytime fee will be applied as follows:
(a)
Basic tow: daytime fees apply between 8:00 a.m. and 4:30 p.m.,
Monday through Friday, except New Jersey state holidays.
(b)
Accident tow: daytime fees apply between 8:00 a.m. and 4:30
p.m., Monday through Friday, except New Jersey state holidays.
(4)
Nights, weekends, and New Jersey state holidays. There shall
be an additional surcharge per tow of $10 in addition to daytime rates.
B. Storage services. The following is the fee for per-day storage services:
(1)
Storage charges.
(a)
Inside building secured storage facility:
Type of Vehicle
|
Fee
|
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Autos
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$30
|
Pickups/vans/SUV trucks
|
$35
|
Tractor trailers/buses
|
$50
|
Outside secured
|
N/A
|
(b)
Outside unsecured storage fees are not permitted. If a licensee
stores any vehicle in an unsecured location, he or she will have waived
his or her right to collect any fee for the towing of said vehicle.
(c)
Storage charges start to accrue after the vehicle has been stored
for at least one hour. Storage charges are to be calculated on a per-calendar-day
basis starting on the date of the initial tow to yard.
(d)
Vehicles seized for forfeiture must be maintained inside the
building of a secured facility. Towing and storage fees shall be waived
when a plea agreement court order/document or other valid reason is
determined by the county prosecutor's office and/or Kenilworth
Police Chief or his designee.
C. Yard charges.
(1)
Administrative fee: $10; car cover fee: $20; car photograph
fee: $20.
(2)
Placing any vehicle on a public street adjacent to it for the
vehicle's removal: $30.
(3)
Vehicle estimate requested by the owner or third-party insurance
carrier (includes time with appraiser): $70.
(4)
Removal of personal property from the subject vehicle:
(a)
First time (up to 15 minutes): no charge.
(b)
All additional times: $20.
D. Cleanup charges: clean debris at accident scene: $20 minimum, and
an additional $15 per each 15 minutes for the cleanup charged to each
vehicle damaged. Speedy dry is an additional $15, charged to the vehicle
leaking fluid.
E. Waiting time charges. If, once the towing operator arrives at the
scene of the accident, he is required by the police, fire, or other
emergency staff to wait more than 15 minutes to obtain the vehicle,
he may charge $15 per each 15 minutes after the initial 15 minutes
has lapsed.
F. The licensee shall accept a minimum of two major credit cards 24
hours a day and must be able to do so both at the principal location
and by drivers on the road at the time service or tow is performed.
The licensee will only have to accept credit cards from the vehicle
owner or operator.
G. The Borough and its Police Department shall not be liable to a licensee
with respect to towing and/or service rendered to any owner pursuant
to the licensee or otherwise. The licensee shall look to the registered
owner and/or operator of such vehicle for payment of towing and/or
storage service charges or any other compensation. If the vehicle
is unclaimed by the registered owner and/or operator and the finance
company and/or lien holder claims the right to retrieve said vehicle,
then the licensee may seek compensation for the towing of the vehicle
and its storage from the date the finance company and/or lien holder
reasonably has notice of the location of the subject vehicle.
H. If a crime victim's vehicle is towed by a licensee to premises
controlled by the Police Department solely for the purpose of utilizing
the vehicle or its contents as evidence or in an ongoing criminal
investigation, the Borough shall be charged $1 per tow. If this vehicle
cannot be removed from the premises controlled by the Police Department
in a timely manner by the crime victim or an authorized agent, then
the licensee may be requested by the Police Department to remove and
store said vehicle where the owner or agent shall be responsible for
these charges only, not the original tow.
I. Borough motor vehicles shall also be towed at the rate of $1 per
tow. If the licensee refuses or fails to respond to a request for
a Borough tow, the licensee who refuses or fails to respond shall
reimburse the Borough for any fees associated with said tow within
10 days of receiving an invoice for the cost of the tow, and the licensee
shall also be suspended from towing for the Borough of Kenilworth
for a period of five days. Charging of time or roadside assistance
for Borough vehicles shall be $1 per vehicle.
J. Winch cable fee: $125. A one-time fee charged when the vehicle has
left the roadway, overturned or become embedded into, attached, or
hitched to another vehicle, tree, pole, guardrail or other fixed object.
K. Changing of tires or roadside assistance for Borough vehicles shall
be at the charge of $1 per vehicle.