[HISTORY: Adopted by the Mayor and Council of the Borough
of Dunellen 11-5-2007 by Ord. No.
07-22. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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 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.
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.
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.
Includes natural persons, firms, copartnerships, limited
partnerships, associations or corporations.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
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.
The towing operator's principal place of business where
the tow vehicle is stationed when not in use.
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.
A.
The governing body of the Borough of Dunellen shall appoint tow operators.
B.
Tow operators shall be identified by means of a license, which shall
be issued as hereinafter provided. All applications for license must
be available by November 1 and returned by December 11 for the following
calendar year.
C.
License required. No tow operator shall operate within the Borough
of Dunellen without obtaining a license in accordance with the provisions
of this section. Specifically exempted from this license requirement
is the towing, transporting, conveying or removing of vehicles from
private property within the Borough, or by towing operators which
are directly and privately engaged or designated by the owner of the
vehicle to be towed, transported, conveyed or removed.
A.
Tow operators shall furnish adequate and proper wrecking, towing,
storage and emergency repair services to motor vehicles damaged or
disabled within the limits of the Borough, when requested to do so
by an authorized Borough official, dispatcher or officer. The tow
operators must be available on a twenty-four-hour a day basis, seven
days a week.
B.
A response time, subject to traffic and weather conditions, of 15 minutes will be expected for each tow operator called by the Police Department. If the tow operator fails to respond within the time period, the next tow operator on the tow operator's list (as set forth in § 268-7) will be called. Failure to meet the response time may result in the suspension of the license.
C.
No tow operator shall subcontract any work to be performed pursuant
to this chapter without having first obtained prior written approval
from the Borough Clerk and Chief of Police. Any tow operator to whom
approval to subcontract work has been given shall be responsible for
the services performed by the sub-tow operators and shall remain liable
for any violation of this section by the sub-tow operators. All sub-tow
operators shall meet all requirements of this chapter.
D.
The tow operator will be responsible for removing from the roadway
any debris resulting from the accident.
E.
The tow operator shall be responsible for the preservation of all
evidence as requested by the police.
F.
The tow operator shall comply with all state and federal laws and
regulations concerning wages, hours and terms of employment.
G.
The tow operator will be required to file an employment nondiscrimination
statement.
H.
The tow operator will be required to make notification of vehicle
owners regarding storage fees and removal of vehicles on a form approved
by the Chief of Police. In the event the owner/operator is not available,
the police will forward the form.
I.
In the event the Police Department is unable to obtain the services
of any tow operator licensed to this chapter or, at its discretion,
determines there is a requirement for additional or heavy duty services
and/or equipment of an unlicensed tow operator, it may obtain the
services necessary to meet its needs pursuant to N.J.S.A. 40A:14-118a.
A.
Applications for inclusion on the tow operators list shall be made
annually to the Borough Clerk upon a form provided by the Borough
Clerk and shall contain all of the following information:
(1)
The name, residence and business address, and telephone number of
the owner of the towing company. If the owner is a corporation, the
application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)
Such information as may be required by the Borough of Dunellen concerning
the personnel, vehicles, including documentation of the manufacturer's
gross vehicle weight rating for each vehicle, equipment and storage
facilities of such applicant, as hereinafter provided, showing that
the applicant meets the minimum standards of performance.
(3)
A certificate or certificates of insurance evidencing adequate insurance
coverage as hereinafter provided.
(4)
A fee as set forth in § 268-5A to cover the administrative expenses incurred by the Borough in processing the application.
(5)
The names and addresses of two business references who have known
the applicant for at least two years.
B.
Upon receipt of a complete application, the Borough Clerk shall forward
a copy to the Chief of Police for his review and approval. The review
by the Chief of Police shall consist of the following:
(1)
A background check to determine if the applicant or applicant's
personnel has had his/her driver's license suspended or revoked
within the past year. Suspension of driver's license within the
past year shall be a cause for disqualification from inclusion on
the tow operators list.
(2)
An inspection of the vehicles, equipment and storage area proposed
to be utilized by the applicant to verify the accuracy of the information
contained in the application and to determine compliance with applicable
laws and regulations and the standards of performance required by
this chapter. Said inspection to be provided by the Police Department
under the supervision of the Chief of Police.
C.
The Chief of Police shall conduct his review and render a report
to the Borough Clerk, recommending either approval or denial of the
application, within 21 days of receipt of the application from the
Borough Clerk. The Borough Clerk shall take action with regard to
the application within 30 days of receipt of the report of the Chief
of Police.
D.
Written notice of the approval or denial of the application shall
be provided to the applicant within 10 days of the decision of the
Borough Clerk.
E.
If the Borough Clerk fails to take action within 60 days of receipt
of a complete application, the application shall be deemed to have
been denied.
F.
An applicant may be included on the tow operators list by the Borough
Clerk, when, after a consideration of the application and such other
information as may otherwise be obtained, it is determined that all
of the following circumstances exist:
(1)
The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statements of material fact in the
application or in any other document required pursuant to this chapter.
(2)
The applicant has met the standards in this chapter and has furnished
the required hold harmless agreement and certificate(s) of insurance.
(3)
The application has been review and approved by the Chief of Police.
(4)
Neither the applicant nor the applicant's personnel have been
convicted of a criminal offense or had their driver's license
suspended within the past year.
A.
Upon payment of a nonrefundable annual processing fee of $200 and
approval of the application as herein provided, the Borough Clerk
shall issue the applicant a tow operator's license for all tow
vehicles or flat bed vehicles to be utilized in providing services
pursuant to this chapter.
B.
Said licenses, which shall be in a form approved by the Municipal
Attorney, shall be prominently displayed on the tow vehicle or flat
bed vehicle at all times.
C.
The licenses shall be valid for a period of one calendar year beginning
January 1 of each year, shall be nontransferable and shall be subject
to revocation by the Borough Clerk for any of the following reasons:
(1)
If it is subsequently determined that the applicant or tow operator,
knowingly and with intent to deceive, made false, misleading or fraudulent
statements of material fact in the application or in any other document
required pursuant to this chapter.
(2)
Violation of any federal or state law or municipal ordinance or regulation
relating to the operation of a motor vehicle or the provision of towing
services.
(3)
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance.
(4)
Unsatisfactory service provided pursuant to this chapter.
(5)
Subsequent conviction of a crime or driving while license suspended.
D.
If not revoked by the Borough Clerk, the license will be renewed upon the payment of the appropriate fee in § 268-5A for each company on or before December 31 of each succeeding year upon annual proof that the applicant meets the standards in the chapter and furnishes the required hold harmless agreement and certificate(s) of insurance.
E.
No license shall be required for the on-site repair and/or towing
or storage of any vehicle when the request is received by the towing
operator from the owner of the 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:
(4)
The tow operator is prohibited from parking, storing or piling of
vehicles on public streets or sidewalks.
A.
Tow operators shall be placed on the list when applications are approved.
Once the initial list has been established, new tow operators, when
applications are approved, will be added to the list.
B.
The Police Department shall request wrecking, towing and storage
services from each tow operator on the basis of an equitable rotation
schedule established by the Police Chief, which shall be based on
the number of licensed tow operators. If, during the rotation schedule,
the assigned tow operator cannot respond or cannot respond in the
required time period, then the dispatcher will request service from
one of the other tow operators.
C.
If a tow operator is unable to provide wrecking, towing or storage
services for any time period, or wishes to be removed from the tow
operators list, written notice of same shall be provided to the Borough
Clerk and Police Department.
D.
All requests for towing service shall be made through the Police
Department.
E.
Call for tow operator:
(1)
The Police Department shall request service only from licensed tow
operators who shall be used to perform the necessary towing services.
(2)
If no emergency or road hazard exists, as determined by the police
officer on the scene, the Police Department may permit such towing
service from such other person as the operator of the motor vehicle
in need of such services may request provided that the vehicle be
removed without undue delay and that the Police Department does not
deem it necessary to immediately remove the vehicle.
(3)
If, unknown to or without the permission of the police officer on
the scene, the vehicle operator has called for towing services and
the police officer has also called for the services of a licensed
tow operator and the Police Department is not able to cancel the services
of the licensed tow operator in a timely manner, the services of the
licensed tow operator will take precedence and the vehicle operator
must cancel its call or pay the licensed tow operator the towing fees
as appear in Appendix A, Towing Price List.[1]
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
F.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, tow operators shall give priority to requests from the
Borough over any other requests which may be received by the tow operators.
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.
A.
Fees for towing and storage of private passenger vehicles, damaged
in an accident or recovered after being stolen, shall not exceed the
fees established by the Dunellen Borough Council which are set forth
in Appendix A attached hereto and made a part hereof.[1] Said fees to be established annually and if not changed
shall remain in force until a change is passed.
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
B.
Fees for towing and storage of private passenger vehicles, other
than those damaged in an incident or recovered after being stolen,
may not exceed the fees set forth in the schedule.
C.
The fees set forth on the schedule for towing rates are the maximum
charges that shall apply to a motor vehicle for basic towing services.
There shall be no additional charges other than those provided herein,
including, but not limited to, flatbedding, waiting time, winching,
cleanup costs, and additional labor when only basic towing services
as defined are provided.
(1)
The towing rates shall be calculated based on the total distance
traveled from the tow vehicle's base of service to the job site
and return, by way of the shortest available route. Fractions shall
be rounded up to the nearest whole mile.
(2)
Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
(3)
When towing services are required at the scene of an automobile accident,
the day rate shall apply when the time of accident is between 8:00
a.m. and 4:30 p.m., Monday through Friday, except New Jersey State
holidays. The night or weekend or holiday rate shall otherwise apply.
D.
The fees set forth on the schedule for storage fees are the maximum
storage charges per twenty-four-hour period that shall apply to a
private passenger automobile that is stored by a person. The twenty-four-hour
period shall commence at midnight of each day.
E.
Tow operator shall be required to accept cash, cashiers checks, local
personal checks or major credit cards, if the tow operator ordinarily
accepts the card at its place of business for services rendered. Cash-only
requirement may be allowed for release of impounded vehicles.
F.
There will be a one-time administrative fee of $25 per vehicle per
tow, for phone calls, certified letters and other items associated
with trying to locate owners of vehicles.
A.
Copies of this chapter and the schedule of fees that may be charged
by tow operator shall be made available to the public during normal
business hours at the Dunellen Borough Hall. Copies shall also be
made available to the public at each tow operator's place of
business.
B.
All tow operators shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of the fees that may
be charged for all services provided pursuant to this section.
C.
The Borough reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all tow
operators.
D.
The relationship between tow operator and the Borough is one of an
independent contractor. Neither party shall be construed in any manner
whatsoever to be an employee of the other, nor shall any employee
or agent furnished by any party be construed to be an employee or
agent of the other party. Inclusion on the tow operator list shall
not be construed or considered as a joint venture, partnership, association,
and contract of employment or profit-sharing agreement.
E.
The municipality shall not be liable or responsible for compensating
the tow operator for any of the services performed under this section
unless those services are performed for Borough vehicles. Compensation
shall be the responsibility of the owner of the towed motor vehicle
and the tow operator shall proceed directly against the owner.
F.
The tow operator shall, at all times, be solely responsible for the
conduct of its employees.
G.
Each tow operator shall keep and maintain adequate and complete records
showing all vehicles towed, stored, and released, all services rendered
and all fees charged and collected pursuant to the chapter. All records
shall be available for inspection by the Borough at any time during
normal business hours. Records shall be kept and maintained by the
tow operator at one central location and shall be retained for a period
of seven years. Records may be written, printed or computerized as
long as the requirements of this subsection are met.
H.
All police impounded vehicles shall be released only upon receipt
of an authorized impound release form from the Police Department.
I.
When on vacation, or for any other reason, the tow operator's
office is closed, there shall be established procedure, approved by
the Police Chief, to provide for the release of impounded vehicles
when so authorized by the Police Department. Such procedure shall
include, but not be limited to, whenever possible, providing a notice,
at least one week in advance, to the Clerk, Police Department, owners
of all vehicles in possession and posting notices on the front and
back doors of the tow operator's place of business.
A.
In the event a complaint is received by the Borough involving the
improper or unsatisfactory performance of services by a tow operator,
excessive charges or damage to a motor vehicle or loss of property
therein while in the custody of the tower, written notice of same
shall be provided by the Borough Clerk to the tow operator involved.
The tow operator shall have the opportunity to respond, in writing,
within one week of receipt.
B.
Within 14 days of receipt of the tow operator's response, or
within 21 days of the receipt of the complaint, if no response is
received, the matter shall be reviewed by the Borough Clerk and the
Chief of Police who may request that the complainant and the tow operator
involved appear and give testimony regarding the complaint.
C.
If, after considering the matter, the Borough Clerk and Chief of Police shall determine that one of the causes for revocation of the tow operator license, as set forth in § 268-5C exists, the license shall be revoked and the tow operator shall surrender same to the Borough Clerk within one day.
D.
Failure to surrender the license upon revocation shall constitute
a violation of this section.
E.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against a tow operator in a Court of competent jurisdiction.
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.
A.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $500,
and each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
B.
In addition to the fine provided above, a violation of any of the
provisions of this chapter might be cause for revocation of the tow
operator license.
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.
