[Amended 4-14-1993 by Ord. No. 1901; 5-24-1995 by Ord. No. 1972]
The purpose of this chapter is to provide standards, regulations
and rates for police-requested and non-preference towing and storage
services, including the removal of motor vehicles from public property
by operators engaged in such practice, including but not limited to
the fees charged for storage following removal in accordance with
Section 3 of P.L. 1987, c. 127 (N.J.S.A. 40:48-2.50), fees charged
for such removal, notice requirements therefor and the mercantile
licensing of such operators. Said services shall be provided under
the supervision of the Borough Council of the Borough of Roselle and
the Chief of Police or his designee.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCIDENT
Includes vandalism, fire comprehensive claims, accidents
caused by drunk drivers and as defined by state law.
BASIC TOWING SERVICES
The removal and transportation of an automobile from a highway,
street or other public or private road or parking area or from a storage
facility. It does not include recovery of an automobile from a position
beyond the right-of-way or berm or from being impaled upon any other
object within the right-of-way or berm.
BOOTING
The immobilization of a motor vehicle using a wheel lock
device.
[Added 3-23-2017 by Ord.
No. 2560-17]
CRUISING
The operation of an unengaged tow truck along the public
streets in any fashion intended or calculated to solicit business.
DISABLED/ABANDONED
Any motor vehicle with mechanical breakdowns and/or left
on any highway or street, without being properly registered, as provided
under N.J.S.A. 39:1-1 et seq. and applicable municipal ordinances.
OWNER
A person, firm, corporation or other entity who owns, leases
and/or operates, parks or abandons a vehicle on the roads and highways
within the Borough of Roselle, which vehicle by reason of being disabled
or being unlawfully upon said roads requires towing services.
POLICE
The Police Department of the Borough of Roselle and/or state
police and/or county police or such other police as may have jurisdiction
upon the roadways on which the vehicle may be found in said Borough
of Roselle.
TOW TRUCK
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying or removing any and all
kinds of vehicles or parts of vehicles which are unable to be operated
under their own power, for which a service charge or fee is exacted.
The definition of "tow truck" shall also include the use of a flatbed
"tow truck."
TOWING OPERATOR
A person, firm, corporation or other entity engaged in the
business of providing tow truck services and storage services for
vehicles towed, which services are made available to the general public
upon such rates, charges and fees as determined by the Borough Council
of the Borough of Roselle, and which towing operator is licensed under
the provisions of this chapter.
WINCHING
Any vehicle that is recovered from a position beyond the
right-of-way or berm of the roadway and shall include those recovered
from a ditch, from being suspended on a median, when the automobile
rolls over on its roof or is imbedded in brush and winching of the
vehicle is required.
No towing operator covered by §
514-1, Purpose, hereinbefore set forth, shall engage in the business of providing tow truck services within the Borough of Roselle without obtaining a license in accordance with the provisions of this chapter. Specifically exempted from this license requirement is the towing, transporting, conveying or removing of vehicles from private property, except in the case of a police emergency 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 upon the streets of said Borough of Roselle.
Licenses issued pursuant to this chapter shall be for a term
of one year. Said one-year period, regardless of the date of application,
shall commence on January 1 of the year of said application.
The Borough Committee shall have the right to suspend or revoke
any license issued under this chapter for good cause, upon written
complaint of the Chief of Police of the Borough of Roselle following
his determination that there is probable cause for revocation or suspension
based upon violation of this chapter. Written notice of such complaint
and the basis of the complaint shall be given to the towing operator,
and said operator shall be entitled to a hearing before the Borough
Council prior to final determination of the complaint by the Borough
Council. If, upon full hearing, the Borough Council decides that there
have been violations, then a majority vote of those present and voting
may terminate or suspend said license. In the event that a request
for a license is denied in the first instance, the applicant whose
request for a license has been denied shall be afforded an opportunity
to determine the reason for the denial, and the procedure for the
same shall be the same as hereinbefore set forth for suspension or
revocation of a license issued under this chapter.
No controlling interest in a license issued pursuant to this
chapter shall be assigned, transferred or sold, except on specific
approval of the Borough Council of the Borough of Roselle, and, upon
cessation of activity or authority under the license through revocation
or otherwise, the license shall be determined null and void. In no
event shall any such license be posted as collateral. At the time
of application for said license, the towing operator shall complete
and submit, on Borough forms, a statement of ownership. Any controlling
interest transfer of ownership in a licensee's business, be it actual
transfer or stock ownership, without Borough approval, shall render
the license void. In the event of sale or transfer, the new applicant,
if any, shall make a new application and pay fees and be approved
by the Borough of Roselle, New Jersey.
One-half-ton trucks and vans will be classified as vehicles
for the purpose of this chapter.
The Borough Council or its designated representative shall promulgate additional rules and regulations when necessary, as set forth under §
514-8, General rules and regulations, and copies of said rules and regulations shall be made available to all towing companies.
No vehicles are to be towed into the Police Department parking
lot unless specifically ordered by the Police Department. Vehicles
under police investigation will be towed free of charge.
All authorized garages will maintain reasonable security for all towed vehicles to safeguard against vandalism and theft, as more specifically set forth under Subsections
B and
C under §
514-4, Licensing standards.
All towers will provide free brake tests and inspections to
the Police Department, upon request.
The Police Department of the Borough of Roselle shall provide,
when requested, towing operators with the Department of Motor Vehicle
information regarding registered owners and lienholders. This information
requested and given shall be in conformance with N.J.S.A. 39:10A et
seq. and shall not in any way violate the confidentiality that is
reposed in the Police Department.
Upon the adoption of this chapter, the Borough Clerk shall give
30 days' public notice of the receipt of the license application pursuant
to this chapter. Public notice shall be given by publication in an
appropriate newspaper circulated within the Borough.
The license-issuing authority shall be the Mayor and Borough
Council of the Borough of Roselle.
[Added 3-23-2017 by Ord.
No. 2560-17]
A. It shall be unlawful to immobilize, by use of any wheel-lock device
("boot") or other method, a vehicle that is parked on private property,
whether for an unauthorized or authorized purpose, without the permission
of the owner, lessee or agent of the motor vehicle.
B. This prohibition shall not apply to the Borough of Roselle or any
unit of local government.
Any person, firm or corporation violating the provisions of
this chapter shall, upon conviction thereof, be subject to a fine
of not more than $500 or to imprisonment for not more than 90 days,
or both, in the discretion of the Judge of the Municipal Court.