[HISTORY: Adopted by the Borough Council
of the Borough of Florham Park 8-19-2021 by Ord. No. 21-16[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 228,
Towing/Wrecker Operators, adopted 3-15-2005 by Ord. No. 2-05, as amended
The purpose and intent of this chapter is to provide criteria,
qualifications, standards and uniform operating procedures that are
reasonable, nonexclusionary and nondiscriminatory in the selection
and use of approved towing operators, on a rotational basis, for police-requested
towing and storage services. 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 for police officers on scene, the
removal of vehicles from the roadway and the distance of travel for
the recovery of vehicles by persons towed, 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:
The document approved and issued by the Borough of Florham
Park granting the privilege to tow and store vehicles and perform
other towing operations for the Borough of Florham Park during the
licensing term.
A towing operator having a license granted by the Borough
pursuant to the provisions of this chapter.
A revolving list of prepared by the Chief of Police by which
each licensed towing operator shall be periodically designated for
a specific increment of time as the primary towing operator to be
called by the Police Department for towing services.
A storage facility used exclusively by the licensee that
is either completely inside a locked building or outside in a completely
enclosed area with a fence, wall or other man-made barrier that is
at least six feet in height, with at least one entrance and exit gate
and is completely illuminated to safeguard the vehicles stored in
that location.
An individual or entity engaged in the business of providing
towing and storage services.
A location registered with the State of New Jersey and expressly
approved by the Borough to be used by the licensee for the storage
of vehicles towed or impounded by the towing operator that is located
within either the Borough of Florham Park, Borough of Chatham, Borough
of Madison, Town of Morristown, Township of East Hanover, Township
of Hanover or Township of Morris.
A.
No towing operator shall operate within the Borough of Florham Park
for police-requested towing services and/or storage services unless
the towing operator has obtained a license issued by the Borough of
Florham Park.
B.
Subject to § 228-12, there shall be a maximum of two licenses issued and in effect at one time, provided that each licensee meets the requirements of this chapter. Notwithstanding any other provision of this chapter, in the event that the number of qualified applicants is determined to exceed the amount of available licenses, the Borough shall evaluate each applicant on the basis of the provisions of this chapter and select the two most qualified applicants determined to be in the best interests of the Borough and to meet and exceed all of the criteria and standards for licensure.
[Amended 12-14-2023 by Ord. No. 23-24]
C.
The application for a license under this chapter shall be made, in
writing, on the form required by the Borough and made available through
the office of the Borough Clerk and shall contain all information
required and necessary to evidence the applicant's identity and legal
address, compliance with the requirements of this chapter and ability
to perform the towing and storage services contemplated by this chapter.
If a partnership, corporation, LLC or any other entity, the application
shall set forth the names and addresses of all officers, trustees,
and directors, together with the names, addresses, social security
numbers and dates of birth of all persons holding more than a 10%
interest. The application shall also contain the names of all tow
truck drivers, his or her address, dates of birth, social security
numbers and driver's license numbers.
D.
Upon commencement of the license term, the Chief of Police shall
establish a towing operators rotation list. Such rotation list will
be set at equal increments, as determined by the Chief of Police,
so as to ensure each licensed towing operator shall be periodically
designated for a specific and equal increment of time to serve as
the primary towing operator to be requested to respond to police-initiated
requests for towing and storage services. The licensee designated
as the primary towing operator pursuant to the rotation list at any
given time shall be responsible for promptly responding to requests
by the Borough Police Department on a twenty-four-hour basis. Upon
receipt of a request from the Borough Police Department, the license
shall respond and be present at the towing location within 20 minutes
of the time of the request, provided that the response time shall
be reasonably adjusted to take into account circumstances beyond the
control of the licensee, including, but not limited to, traffic volume,
environmental factors, weather conditions and other factors, in which
case the response time may be reasonably extended and the licensee
excused from strict compliance for a time equivalent to that which
was beyond the control of the licensee. Notwithstanding any excusal
of the responsibility of the licensee, the Borough Police Department
shall be permitted to request a response by the next available licensee
on the rotation list in the event the primary towing operator fails
to respond within the required time or if the primary towing operator
cannot be reached or otherwise unable to respond. The failure to substantially
comply with the response times set forth under this chapter, except
that where the failure or delay is reasonably excused, shall serve
as grounds for the potential suspension, revocation or denial of a
license.
A.
Owner-requested service. No license shall be required for the on-site
repair and/or towing or storage of any vehicle when the request therefor
is received by the towing operator from the owner or the owner's agent
prior to a police request therefor.
B.
Towing from private property. No license shall be required by the
police to tow any vehicle from private property without the consent
of the owner and private property owner, except on the express instruction
of the police in the event of an emergency.
A.
All applications for a license shall be filed with the Borough Clerk
by no later than December 1 of the year prior to the year of the license
term commencing January 1.
B.
The Borough Clerk will forward all qualified applications (a completed
application with applicant fee paid) to the Chief of Police within
five days of receipt. The Chief of Police will conduct, or cause to
be conducted, an investigation and inspection of each application
to determine the truth and accuracy of the information contained in
said application, background check, adequacy of facilities and equipment,
compliance with all applicable state laws and regulations, ability
to perform the towing services and storage services contemplated by
this chapter and such other pertinent matters related to licensing
and as may be necessary to fully and thoroughly evaluate and determine
the applicant's compliance with, and ability to continue to comply
with this chapter. Upon concluding his review, the Chief of Police
will return a copy of the application to the Borough Clerk, along
with his recommendation for approval or disapproval of a license,
and the reasons, if any, for disapproval. The Borough Clerk shall
issue a tow operator license to each qualified applicant, and thereafter,
the licensee's name shall be placed on the Florham Park Police Department
licensed tow operator's list. The Clerk shall forward to any person
rejected for a license, a copy of his application with the reasons
for disapproval noted thereon. There shall be no refund of application
fees.
C.
Each license issued pursuant to this chapter shall be for a term
of three years, commencing January 1 and expiring December 31 of the
third year. The license shall list the name of the tow operator business
and each employee licensed thereunder.
D.
Each licensee shall be required to maintain, in full force and effect during the term of its license, insurance coverages of the types and amounts set forth in § 228-10 and shall submit such certificates and proofs as provided therein to the Borough Clerk at the time of the filing of the license application.
E.
In the event of any revocation or termination of a license for failure
to comply with this chapter, no refund shall be given, and payment
of another initial application fee shall be required upon applying
for reinstatement.
F.
All licensees shall be required to store vehicles which are towed
or impounded at an approved storage facility, as defined in this chapter,
located within either the Borough of Florham Park, Borough of Chatham,
Borough of Madison, Town of Morristown, Township of East Hanover,
Township of Hanover or Township of Morris. The proximity of the aforementioned
municipalities to the Borough of Florham Park will serve to reduce
the distance owners must travel to retrieve their vehicles, render
all such vehicles readily accessible to the Florham Park Police Department
and facilitate the prompt removal of vehicles and quicker response
times.
G.
Licensees shall be familiar with the rules and regulations of the
Predatory Towing Prevention Act (N.J.S.A. 56:13-1 et seq.) and be
aware that any violations of these requirements may result in the
suspension, revocation or denial of a license.
H.
Licensee shall maintain a twenty-four-hour phone number which is
manned by the licensee's personnel. Such personnel must have constant
two-way communication, radio or cellular, with the licensee's vehicles.
Phone calls may be forwarded from the principal business location
to a residence during nighttime hours as long as two-way communication
can be maintained with licensee's vehicles.
All application fees submitted to the Borough are nonrefundable
and shall be utilized to offset the cost of processing of the application
and license.
|
Type
|
Fee
|
|---|---|
|
Initial application fee
|
$500
|
|
Renewal application fee
|
$250
|
A.
The Police Department of the Borough of Florham Park will conduct
a thorough background check of the licensee, its officers, principals,
and employees prior to granting a license. Applicants and licensees
shall cooperate with any and all investigations conducted by the Borough
Chief of Police or his designee or other law enforcement agency working
in conjunction with the Borough police. The requirement of cooperation
shall continue throughout the period of application, and the duration
of the license and the storage of vehicles (even if a license is no
longer in effect).
B.
No applicant will be granted a license unless found to be in compliance
with this chapter and all applicable state laws and regulations. A
license may be denied, suspended or revoked for fraud, misrepresentation
or false statement in the licensing or application process, in the
course of conducting the towing operation, for violation of this chapter,
or for the criminal conviction of the applicant, its officers or a
person or entity holding a 10% or larger interest in the applicant,
within the last seven years for any indictable offense involving stolen
or embezzled vehicles, fraud relating to the towing business, stolen
property, or any other offense of a similar nature. Each prospective
licensee shall furnish, with its application, executed background
check waivers for all officers, principals and employees, in the form
provided by the Chief of Police.
C.
Each licensee shall submit the names of all employees newly hired
during the term of the license for a background check which may be
performed by the Borough Police Department prior to such individual's
performing any services as described in this chapter. The license
shall be subject to termination for failure to submit employees to
such a background check. All tow operators must have an appropriate,
valid New Jersey driver's license, with the appropriate class and
endorsement(s) for the vehicle being operated. Tow operators shall,
at all times, behave in a professional and courteous manner when dealing
with the public and members of the Police Department.
D.
The Borough Police Chief or his designee shall conduct such on-site
inspections of the premises, equipment, vehicles and storage facilities
of applicants and licenses as appropriate to evaluate compliance with
the provisions of this chapter.
E.
All towing and storage facilities used by the licensee shall meet
or exceed the requirements and conditions of this chapter and expressly
identified and approved by the Borough in the application and issuance
of a license.
(1)
All storage facilities shall be used and accessible exclusively by
the licensee and either located completely inside a locked and secured
building or outside in an area completely enclosed by a sturdy fence,
wall or other man-made barrier at least six feet in height, with at
least one entrance and exit gate, that is completely illuminated and
sufficient to protect and safeguard the vehicles stored in that location.
(2)
No unsecured storage facility of any kind will be permitted for use
by the licensee for storage of any vehicle towed or impounded by the
licensee.
(3)
The hours of recovery of vehicles from storage shall be no less than
Monday through Friday, 8:00 a.m. to 6:00 p.m., and Saturday or Sunday,
9:00 a.m. to 3:00 p.m., and prominently posted at all of the above-mentioned
facilities of the licensee and also made available at Borough Police
Department. The vehicle shall be made available by the licensee immediately
upon an emergency request by the Borough Police Department. Licensees
shall further be obligated to make reasonable accommodations for after-hours
release of stored vehicles.
(4)
The contact information and hours of operation for vehicle release
shall be posted and clearly visibly at each storage facility.
[Amended 12-14-2023 by Ord. No. 23-24]
A.
Notwithstanding and in addition to any violations, penalties or other
remedies authorized pursuant to this chapter, any license issued under
this chapter may be suspended, revoked or denied for good cause upon
determination by the Chief of Police or the Borough of a violation
or failure to comply with a material term or provision of this chapter,
the license issued hereunder, or applicable federal or state statute
or regulation or Borough ordinance.
B.
Prior to the suspension, revocation or denial of the license, written
notice setting forth the basis of the violation, noncompliance or
other circumstance for which such action and of the right of an opportunity
for a hearing shall be issued to the applicant or licensee who may,
within 10 days of receipt of such notice, request a hearing by service
of a written request on the Borough.
C.
Notwithstanding any other provisions of this section, when the Borough
has reasonable grounds to believe that a licensee has engaged in deliberate
and willful violation of any applicable law or regulation and/or in
such fashion so as to cause a potentially substantial risk, danger
or detriment to, or to otherwise jeopardize, the public health, safety
and general welfare and that requires emergency action, the Borough
may enter a summary suspension order for immediate suspension of such
license pending further investigation and a hearing.
(1)
The summary suspension order shall be in writing and shall state
the reasons therefor. The licensee shall be afforded an opportunity
for a hearing in the manner provided in this section, provided that
any such hearing must be scheduled no later than 30 days of the date
of the suspension.
(2)
Upon determination of a violation, the Borough may take appropriate
action to suspend or revoke the license issued to the licensee by
the municipality in the same manner as otherwise provided in this
section.
D.
Any person or entity aggrieved by the denial of an application for
a license or other formal action or decision as provided in this chapter
or by the suspension or revocation of a license as provided in this
chapter may request a hearing thereon by service of a written request
to the Borough Clerk within 10 days of the receipt of the decision
by which the applicant or licensee is aggrieved. Said hearing request
shall contain a general statement of the decision by which the applicant
or licensee is aggrieved and reasonably describe the basis upon which
the decision is being contested. Upon receipt of such request, the
Borough will set a time and place for such a hearing, which will be
no later than 30 days from the date of receipt of the request, unless
otherwise agreed. At the time of the hearing, the applicant or licensee
shall be afforded full opportunity to be heard, challenge the basis
of any findings and reasons cited for denial, suspension or revocation
of an application or license, present such evidence and testimony
as the applicant or licensee may deem appropriate and otherwise show
cause as to why the proposed action should not be taken. Upon conclusion
of the hearing, the Borough shall render a decision either on the
record, if applicable, or in writing, within 30 days.
A.
The New Jersey State Police Application and Minimal Requirements
for Vehicular Towing (hereinafter "NJ State Police Rules") are, to
the extent not inconsistent with this chapter, hereby adopted by the
Borough as constituting the rules and regulations of the Borough as
to the licensing and operational requirements for towing operators
conducting business in the Borough, except that where such NJ State
Police Rules refer to the New Jersey State Police, they shall be read
to refer to the Florham Park Police Department, and where the NJ State
Police Rules refer to the Station Commander, the Chief of Police shall
be substituted therefor. Such Rules shall be available for public
inspection at the offices of the Borough Clerk and Chief of Police.
B.
Rates. The Borough hereby adopts the maximum rates allowed for towing
and storage by licensees established by the New Jersey State Police.
Such rate schedule shall be available for public inspection at the
offices of the Borough Clerk and Chief of Police.
A.
All applications for a towing operator license under this chapter
shall include an agreement by the towing operator that, upon issuance
of a license, the licensee shall indemnify, defend and hold harmless
the Borough, its elected and appointed officials, officers, employees,
insurers, attorneys, agents, servants, successors, assigns, designees,
guests and invitees from and against any and all liability, claims,
losses, damages, costs and expenses, including reasonable attorney's
fees and costs, arising or alleged to arise from any action of the
tow operator relating to the performance of any towing, storage or
other service requested or rendered by the licensee.
B.
Each licensee shall secure and maintain, in full force and effect
for the duration of the license term, the insurance policies and coverages
of the kinds and amounts hereinafter provided, from insurance companies
licensed to do business in the State of New Jersey and having an A.M.
Best Rating of "A-" Class "VII" or better as follows:
(1)
Garage keeper's liability insurance covering each storage facility
and each location, including for fire, theft and explosion, in the
minimum amount of $1,000,000 combined single limit.
(2)
Automobile liability insurance covering the licensee and every tow
truck operator for claims arising from owned, hired and non-owned
vehicles with limits of not less than $1,000,000 any one person and
$2,000,000 any one accident for bodily injury and $500,000 each accident
for property damage.
(3)
Workers' compensation and employer's liability insurance for all
employees in the minimum amounts required by law.
(4)
Endorsements providing for collision coverage for vehicles in tow.
(5)
The applicant shall file with the license application to the Borough
certificates of insurance and endorsement evidencing the coverage
provided by said policies and naming the Borough of Florham Park,
Mayor and Council of the Borough of Florham Park, Borough of Florham
Park Police Department and its elected and appointed officials, officers,
employees, insurers, attorneys, agents, servants, successors, assigns,
designees, guests and invitees as an additional insured on a primary
and noncontributory basis under the policy. All such certificates
of insurance and insurance binders shall expressly provide that the
coverage afforded thereunder shall not be canceled, terminated or
materially changed without at least 20 days' advance written notice
to the Borough.
Any person or entity who shall be found to have violated any
section of this chapter, or to have submitted a false or misleading
application, shall, in addition to any other penalties authorized
by law, be subject to removal from the tow operators list and/or revocation
of their license.
[Added 12-14-2023 by Ord. No. 23-24]
A.
The initial term of the licenses issued pursuant to this chapter shall commence on January 1, 2026, and shall be issued for a term of three years in accordance with § 228-5C.
B.
Provided that the license holder continues to meet all of the qualifications
and requirements for licensure, the term of any license issued pursuant
to this chapter for the license term commencing January 1, 2022, and
expiring December 31, 2024, shall be extended until December 31, 2025.
