As used in this chapter, the following terms shall have the
meanings indicated:
BASIC TOWING SERVICE
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area, or from
a storage facility, and other services normally incident thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any object within
the right-of-way or berm.
INSIDE BUILDING STORAGE AREA
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.
MOTOR VEHICLE ACCIDENT
An occurrence in which a vehicle is required to be removed
for public safety purposes. This includes collisions, abandoned, impounded,
seizure, or disabled vehicles or other roadway hazards.
OUTSIDE SECURED STORAGE AREA
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
OUTSIDE UNSECURED STORAGE AREA
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
PERSON
Includes natural persons, firms, copartnerships, limited
partnerships, associations or corporations.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
VEHICLE
A motorized conveyance of any type, including, but not limited
to, automobiles. Vehicle also includes any obstruction in the roadway
that must be removed by a tow vehicle.
To qualify for inclusion on the list of tow operators, applicants
must meet the following minimum standards:
A. Minimum vehicle requirements.
(1) Every tow operator shall maintain and have available to render services
required by this section a minimum of one regular tow vehicle and
one flat bed vehicle.
(2) Vehicle classes.
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a tow sling or wheel lift assembly at least
100 feet of minimum 3/8-inch cable attached to a motor driven winch.
(b)
Flat bed vehicles must be equipped with a winch or hydraulically
operated bed that slides or tilts to accommodate transporting of vehicles.
(3) Each applicant shall submit, along with its application, proof of
ownership or lease of the tow vehicles.
B. Minimum equipment requirements.
(1) Every tow vehicle or flat bed vehicle shall be equipped with the
following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights on towed vehicles at
night, red colored, when other lights are not available.
(d)
Extra chains and cables for pulling or securing a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar or prybar,
a set of jumper cables, a flashlight, one two -pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of an accident or behind a disabled
vehicle, and a sufficient quantity and types of tools to enable the
tow vehicle operator to perform proper and adequate emergency repair
services for the tow.
(2) Every tow vehicle or flat bed vehicle shall comply with any and all
state, federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Chief of Police or his designee at any
time. No changes may be made in said vehicles or equipment unless
prior written approval is obtained from the Borough Clerk.
(3) Every tow vehicle or flat bed vehicle shall prominently display the
tow operator's license and shall have the name of the tow operator
displayed on the vehicle in such manner and of such lettering as conforms
to the provisions of N.J.S.A. 39:4-46.
(4) Every tow vehicle shall prominently display on each side of the vehicle
a weight classification decal issued by the New Jersey Motor Vehicle
Commission.
C. Minimum personnel requirements. Tow operators shall have available,
during normal business hours, a minimum of two persons to provide
the services required by this section. All persons employed by tow
operators to provide the services required by this section shall meet
the following requirements and be subject to the following regulations.
They shall:
(1) Be able to provide minimum road services for disabled vehicles.
(2) Possess a valid driver's license having no restrictions or conditional
endorsements, other than a condition requiring the wearing of eyeglasses,
which would preclude an operator from driving a tow vehicle.
(3) Be mentally alert and present a neat appearance at all times.
(4) Obey all traffic laws and regulations.
(5) Not have been convicted of a crime nor had their driving privileges
suspended or revoked within the past year.
D. Minimum storage requirements.
(1) Every tow operator shall maintain an inside building or outside-secured
storage area meeting the following requirements:
(a)
The storage area shall be capable of storing a minimum of six
passenger vehicles. The area shall have at least 400 square feet of
inside storage facilities.
(b)
The outside storage area shall be fully enclosed by a solid
fence, wall or other man-made barrier having a minimum height of six
feet for which a construction permit has been obtained, with at least
one lockable gate for ingress and egress and shall be lighted from
dusk to dawn.
(c)
The storage facility shall be open to the public during normal
business hours, Monday through Friday (excluding national holidays),
and any other time when personnel are on site.
(d)
The tow operator shall have an employee on duty during all hours
in which the storage facility is open.
(e)
The tow operator shall not charge a release fee or other charge
for releasing vehicles to their owners.
(2) The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
(3) The tow operator shall be responsible for ensuring the proper and
safe storage of all vehicles towed pursuant to this section. The tow
operator shall be liable for:
(a)
Any damage incurred by or to such vehicles while in transit
to or while stored in the storage areas.
(b)
Property loss in such vehicles while in transit to or while
stored in the storage areas.
(4) The tow operator is prohibited from parking, storing or piling of
vehicles on public streets or sidewalks.
The tow operator shall maintain, during the life of the contract,
insurance policies of the type and with the minimum limits indicated
below and in a form satisfactory to the Borough of Dunellen. The tow
operator shall provide a certified copy of the policies and/or certificates
of insurance satisfactory to the Borough of Dunellen prior to commencement
of work.
A. Indemnity.
(1) The tow operator shall defend, indemnify and hold harmless the Borough
of Dunellen and the public from any and all claims for any losses,
personal injury, accident, property damage or any consequential damages
of any kind arising out of the operation of any towing services or
repair services under this agreement and license. The tow operator
shall further defend the Borough of Dunellen, at tow operator's
sole cost and expense, including attorneys' fees, in connection with
any claim, demand, suit or action brought against the Borough of Dunellen
arising out of the awarding or operation of any towing garage services
or act or omission of the tow operator, his agents or employees under
this agreement and license.
(2) The following wording shall either appear on the insurance certificate
or the applicant shall provide this statement as a separate signed
notarized agreement: "The tow operator shall indemnify the Borough
of Dunellen and the public against any loss due to injuries, accidents
or damages of any character whatsoever where any such damage is the
result of an act or omission of the tow operator, his agents or employees
in or due to the execution of the work called for under the contract."
B. Garage liability insurance. Limit of liability shall not be less
than $500,000 combined single limit (bodily injury and property damage)
per occurrence including premises operations and products/completed
operations.
C. Automobile liability insurance. Limit of liability shall not be less
than $750,000 combined single limit (bodily injury and property damage)
for light- and medium-duty vehicles less than 32,000 pounds or $1,000,000
for heavy-duty vehicles greater than 32,000 pounds per occurrence.
D. Garage keepers legal liability insurance. Physical damage insurance
policies shall be specifically endorsed to provide direct primary
insurance, where applicable, for vehicles in tow, possession of, or
storage on property owned or controlled by the tow operator. Limit
of said coverage shall be not less than $100,000.
E. Excess umbrella insurance. Limit of liability shall be not less than
$1,000,000 providing protection in excess of the $1,250,000 garage
and auto liability coverage for light- and medium-duty vehicles less
than 32,000 pounds or $1,500,000 garage and auto liability coverage
for heavy-duty vehicles greater than 32,000 pounds.
F. On all liability policies, the Borough of Dunellen shall be added
as an additional insured, and insurance certificates shall indicate
such coverage as primary coverage notwithstanding any insurance carried
by the Borough of Dunellen.
G. Workers' compensation insurance. Limit of liability shall not be
less than the statutory coverage, including employers liability coverage
with a limit of at least $500,000/$500,000/$500,000.
H. Certified copies of all insurance policies provided above or certificates
thereof satisfactory to the Borough of Dunellen shall be furnished
with the application. Each such policy or certificate shall contain
a provision that it is not subject to change, cancellation or nonrenewal
unless 30 days' prior written notice via certified mail/return
receipt shall have been given to the Borough of Dunellen by the tow
operator's insurer. These must be received 30 days prior to commencement
of work.
I. The providing of any insurance required herein does not relieve the
tow operator of any of the responsibilities or obligations assumed
by the tow operator for which the tow operator may be liable by law
or otherwise.
J. If any policies contain deductibles or co-payments, it shall be the
responsibility of the tow operator to pay such sums at the same time
a claim is settled by the tow operator's insurance company.
K. Failure to provide and continue in force such insurance as required
above shall be deemed a material breach of the contract and shall
cause an immediate termination of the license.
L. All policies shall be written in either a company licensed to do
business in the State of New Jersey or a New Jersey eligible Surplus
Lines Company, with a minimum Best rating of A+. They shall be written
on an ISO (Insurance Service Office) form or better and shall so indicate
the A.M. Best rating.
Any person aggrieved by any action of the Borough Clerk or Chief
of Police, in the denial or suspension of a license, or imposition
of other penalty shall have the right of appeal to the Borough Council.
The appeal shall be taken by filing with the Borough Clerk, within
30 days after the notice of the action complained of has been mailed
to the person's last known address, a written statement setting
forth fully the grounds for appeal, along with a fee of $150. The
Borough Clerk shall set a time and place of hearing for the appeal,
at which time the Council of the Borough of Dunellen shall conduct
a hearing and affirm, modify or reverse the decision appealed from.
The tow operator shall provide to the Borough Clerk, at renewal
time or upon first being issued a license, a signed and notarized
affidavit stating that a copy of the ordinance regulating the removal
and storage of motor vehicles has been received and reviewed, and
that same is understood and the conditions therein will, therefore,
be complied with.
Licenses will be granted to tow operators on a calendar year
basis, January 1 through December 31. The Dunellen Police Department
will solicit applications as of December 1 of the prior year for placement
on the tow operators' list. The list will be ranked according
to applicant response time. There is an annual, nonrefundable application
fee of $200 due at the time of the application. The Chief of Police
will notify applicants by December 20 whether their application has
met the criteria of this chapter and whether the applicant is to be
placed on the tow operators list for the following year.