The purpose of this chapter is to establish the requirements
and procedures for the licensing of towing operators to be utilized
by the Borough of Kinnelon on a nonexclusionary, rotational basis
for the towing of vehicles that are abandoned, illegally parked, involved
in accidents or suspected of involvement with criminal activity within
the Borough of Kinnelon and when otherwise requested by the Police
Department of the Borough of Kinnelon.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED VEHICLE
A motor vehicle that the owner or operator leaves on a public
roadway, or other public property, or on private property without
the consent of the owner or person in charge of that property, for
more than 48 hours without notifying the Police Department of the
Borough of Kinnelon or attempting to repair and remove the same. A
vehicle that remains on or along a highway or other public property
for any period of time without current/valid license plates shall
be presumed to be an abandoned vehicle. Vehicles used or to be used
in the construction, operation or maintenance of public facilities
and that are left in a manner that does not interfere with the normal
movement of traffic shall not be considered abandoned vehicles.
ABSORBENT
A granulated or powder substance used to soak up fluids commonly
found in the operation of motor vehicles. A bag or container of absorbent
will be defined as weighing 50 pounds.
ADMINISTRATION FEE
Charges if a motor vehicle is released after normal hours
of operation or on days the storage facility is closed (Sundays, holidays).
The administration fee may also be charged when a licensee has been
contacted to tow a disabled vehicle by the Police Department and the
owner or operator of that vehicle requests his/her own towing service,
if the licensee arrives prior to the owner's request for his/her own
towing service.
BASIC TOWING SERVICE
The towing of a vehicle or the removal and transportation
of a vehicle from a highway, street, or other public or private land.
CHIEF OF POLICE
The highest ranking sworn officer within the Borough of Kinnelon
Police Department. Duties listed herein can be delegated to a designee
approved by the Chief of Police.
CRUISING
The operation of a tow vehicle upon a roadway within the
Borough of Kinnelon to solicit vehicle towing and other related towing
services except in response to a police request.
DISABLED VEHICLE
A motor vehicle which has been abandoned or rendered inoperable
by mechanical failure or accident. Any motor vehicle, operable or
inoperable, which constitutes a hazard to the motoring public by its
location shall be deemed disabled for the purposes of this chapter.
EMERGENCY ROAD REPAIR SERVICE
Repairs which can be performed at the scene of a tow, including,
but not limited to, flat tire changing, jump starting and gasoline
deliveries.
EXAMINATION AREA
An unobstructed flat paved twenty-five-foot-by-fifteen-foot
area where a vehicle can be placed when needed for inspection by the
Police Department. Examination areas must be outlined by painted markings
on the pavement.
HEAVY-DUTY WRECKER
A tow truck with dual rear wheels and air brakes capable
of towing and wheel lifting large vehicles and shall meet the following
minimum requirements:
C.
Boom and winch rating: 50,000 pounds.
F.
Wheel lift retracted rating: 25,000 pounds.
G.
Wheel lift extended rating: 12,000 pounds.
IMPOUNDMENT
The act of storing and confining a motor vehicle upon an
order of the Police Department at either the towing operator's storage
area or at a Borough facility as a result of abandonment, involvement
in an accident, suspected criminal activity or other violation of
the New Jersey Motor Vehicle Title 39 Statutes that the Police Department
may act upon.
JUNK VEHICLE
A motor vehicle incapable of being operated safely or of
being put in safe operational condition except at a cost in excess
of the value thereof.
LICENSEE
Any person, firm, partnership, association, corporation,
company, or organization of any kind issued a towing license by the
Borough of Kinnelon pursuant to the provisions of this chapter.
LIGHT-DUTY WRECKER
A tow truck with dual rear wheels capable of towing or wheel
lifting vehicles and shall meet the following minimum standards:
B.
Boom rating: 8,000 pounds.
C.
Winch rating: 8,000 pounds.
F.
Wheel lift retracted rating: 6,000 pounds.
G.
Extended rating: 3,000 pounds.
MEDIUM-DUTY FLAT BED
A vehicle carrier equipped with a wheel lift and roll back/tilt
bed with dual wheels capable of removing and transporting small trucks,
full-size vans or large passenger cars damage-free and shall meet
the following minimum requirements:
B.
Winch rating: 8,000 pounds.
E.
Bed width: seven feet (inside side rails).
F.
Wheel lift retracted rating: 6,000 pounds.
G.
Wheel lift extended: 3,000 pounds.
MEDIUM-DUTY WRECKER
A tow truck with dual rear wheels capable of towing and wheel
lifting small trucks and shall meet the following minimum requirements:
B.
Boom rating: 16,000 pounds.
C.
Winch rating: 16,000 pounds.
F.
Wheel lift retracted rating: 10,500 pounds.
G.
Extended rating: 8,500 pounds.
ORDINARY CARE
Care that is normally given to protect a motor vehicle from
further damage including but not limited to usage of tarps for environmental
protection and security protection for storage areas.
OUTSIDE SECURED STORAGE FACILITY
A motor vehicle storage facility that is not completely indoors
and must meet the following minimum standards:
A.
Area completely secured by a fence, wall or other man-made barrier
that is at least six feet in height. Fencing must have vision obstruction
material.
B.
All entry points shall have a locking device.
C.
Total area shall have adequate lighting to protect stored vehicles
from vandalism.
D.
Area must be able to accommodate at least 25 vehicles.
OWNER
A person, firm, corporation or partnership that owns and/or
operates a motor vehicle on the roads and highways within the Borough
of Kinnelon.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
POLICE
The Borough of Kinnelon Police Department.
PRINCIPAL LOCATION
The business office of the licensee where the licensee shall
conduct business associated with the towing and storage of vehicles
under the authority of the towing license issued by the Borough of
Kinnelon. A principal location must be staffed during business hours
and shall maintain a clean, comfortable waiting area with toilet facilities
and an accessible pay phone or business phone.
RECOVERY
Recovery can be achieved by several actions that may include
but are not limited to winching and rigging. A recovery is when the
tow operator applies his knowledge in a skillful manner to preserve
the condition of the motor vehicle while moving the vehicle to a towable
position.
STORAGE SERVICES
The storage, housing or holding of vehicles indoors or outdoors
by a licensee under authority of this section.
TOW VEHICLE
A wrecker and/or flat bed tow truck driven by mechanical
power and employed for the purpose of towing, transporting, conveying,
recovering or removing inoperable vehicles or any vehicles which the
Police Department has ordered to be impounded. Tow vehicles must be
manufactured by a tow truck manufacturer that is nationally recognized
by the towing industry.
TOWING OPERATOR
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
motor vehicles.
UNCLAIMED VEHICLE
Any vehicle towed by a licensee under this chapter that is
left unclaimed for a period of two weeks or more.
VEHICLE
Every device in, upon or by which a person or property is
or may be transported upon a highway except devices moved by human
power.
VEHICLE REMOVAL CHARGE
Charge for a motor vehicle towed into the storage facility
of a licensee that is not movable and must be towed from the licensee's
storage facility to a public street for towing by a secondary tower.
WAITING TIME
Additional time a licensee spends at the scene other than
the time required for the actual tow and/or recovery. Examples of
waiting time may include but are not limited to EMS services which
must be performed and/or police investigations.
WINCHING
The process of moving a motor vehicle by the use of a cable
from a position that is not accessible for direct hook up by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
onto a tilt bed or carrier, nor lifting a motor vehicle with a conventional
tow sling.