[HISTORY: Adopted by the Mayor and Council
of the Borough of Dumont 9-28-2021 by Ord. No. 1590.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 416, Towing,
adopted 12-20-1994 by Ord. No. 1209 (Secs. 7-53 through 7-67 of the
1970 Revised Ordinances), as amended.
A.
The legislature promulgated a statute that requires a municipality
to contract for towing and storage services. The services are to be
provided pursuant to an ordinance that is nondiscriminatory and not
exclusionary. The selected vendors shall comply with standards requiring
prompt and secure services. The ordinance may further require the
vendor to comply with the applicable rules adopted by the Division
of Consumer Affairs in the Department of Law and Public Safety.
The basic terms encompassed within this chapter shall utilize
the terminology contained within the Department of Insurance rules
and N.J.A.C. 11:3-38.1 et seq.[1] and the definitions utilized in P.L. 2018, c. 165,[2] as follows for this chapter:
Releasing vehicle after normal business hours.
A tow that occurs between 6:00 p.m. and 6:00 a.m. the following
day.
High-intensity emergency lighting strategically placed at
or near the top of the tow vehicle and having been duly licensed by
the State of New Jersey for said emergency lighting.
Towing as generally defined together with other ancillary
services as may be specified by regulation or ordinance which are
components of a routine tow.
A tow truck with an extendable boom that rotates to recover
vehicles that are typically in unusual situations including those
off-road.
A charge for releasing a motor vehicle when the vehicle has
been or is about to be lifted by or onto a tow truck but prior to
the vehicle actually having been moved or removed from a location.
There shall be no fee for decoupling.
Secured storage of a motor vehicle pursuant to a lawful order
of a law enforcement agency.
Includes all vehicles propelled by other than muscular power,
with the exception of those running on railroad tracks, motorized
wheelchairs and skateboards.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle regardless of the reason for the
tow.
An individual(s) with 10% or more of the stock or membership
of the applicant if the applicant is a LLC or corporation.
An individual, sole proprietor, partnership, corporation,
LLC or any other business entity.
A set of wheels placed under either end of the vehicle being
towed to enable it to be moved when the wheels are locked by brakes
and/or transmission.
The owner or lessee of a private property, or an agent of
such owner or lessee, but shall not include a private property towing
company acting as an agent of such owner or lessee.
A clean waiting area or lounge suitable for no less than
two individuals and having a handicap-accessible bathroom for use
by individuals waiting to retrieve their motor vehicle.
The removal from the public road or highway used by the public
for the purposes of vehicular travel consistent with the duty imposed
pursuant to N.J.S.A. 39:4-56.8.
All of the vendors that are accepted for the two-year term
will be placed on a revolving list for a specific interval of time
when they shall be the municipality's exclusive tower.
A new employee and/or owner/managing member that requires
an inquiry by the Police Department.
A commercial motor vehicle designed exclusively to lift or
carry a motor vehicle(s) that has become disabled, wrecked or impounded
for the police by means of lifting either the front or rear of the
vehicle or placing it on a hydraulic bed. Each vehicle shall be equipped
with emergency amber lighting, registered in the State of New Jersey
and insured by a company licensed to do business in the state. The
tow trucks shall have painted on their outer doors the name of the
applicant, its telephone number and USDOT number.
LIGHT-DUTY TOW TRUCKA tow truck used to recover vehicles up to 10,000 pounds.
MEDIUM-DUTY TOW TRUCKUsed to tow/recover small commercial vehicles over 10,000 pounds and under 26,000 pounds and/or passenger vehicles that are unable to be recovered with the light-duty tow truck or a flatbed.
HEAVY-DUTY TOW TRUCKA manufactured truck with wrecker body used to recover vehicles of 26,000+ pounds GVW or greater and rated for no less than 50,000 pounds and equipped with air brakes for the towed vehicles.
FLATBED CAR CARRIER/TOW TRUCKA vehicle designed to transport motor vehicles that have become disabled or wrecked without the need to have the vehicles' tires on the roadway when being towed. The vehicle has a hydraulic bed for transporting the vehicle being towed.
A location where the vendor stores the vehicle(s) recovered
from the municipality that is within five miles from the municipal
boundary and shall not be shared with any other business entity.
The published rates utilized by the New Jersey State police
and available for review at the website www.GSTA.org unless otherwise
limited by this chapter.
The licensed tower placed on the municipal list of approved
towers.
The process of moving a motor vehicle by use of chains, nylon
slings or cables from a position that is not accessible for direct
hookup by commensurable means. Winching shall not be included as the
means by loading a towed vehicle onto a flatbed or other motor vehicle
carrier from the roadway.
A.
On odd-numbered years by the last business day in the month of December,
the municipality shall establish a list of towers that shall not be
transferable or assignable. The list shall specify the businesses
authorized to remove motor vehicles from the roadways, municipal property
and private property within the municipality. This list shall only
apply when the request to tow is not made by the owner or operator
of the vehicle but at the request of police officer, fire official
or health officer. To be placed on the list, the applicant shall pay
an initial licensing fee of $500 and all reasonable administrative
expenses incurred by the municipality. Applications to be placed on
the towing list shall commence to be accepted during the second week
of October and terminate on the last business day of that month. The
list shall be for a two-year period.
B.
Applicants shall be required to respond to a request to tow a motor
vehicle within 20 minutes and 30 minutes for after-hour tows. The
response time may be expanded by 10 minutes during hazardous weather
conditions.
C.
Towing applications shall include a hold harmless and indemnify agreement
by the applicant and by the majority owner in favor of the municipality.
D.
The clerk of the municipality shall advertise for towers to be added
to the towing list in the official publication for the municipality
and on the municipality's website for 14 days. The notice shall
appear twice in the official publication for the municipality with
no less than 10 days between the first and second publication.
An application approved by the municipal attorney shall be made
available on the Borough website, Police Department page and also
available from the Police Department. The minimum requirements of
the application shall require the applicant to set forth the following
information:
A.
The full name, address and phone number of the applicant.
B.
The company name, address and phone number.
C.
If applicant is a corporation, the names, addresses and phone numbers
of the officers, directors, registered agents and each stockholder
owning 10% or more of the issued stock.
D.
A twenty-four-hour/seven days a week emergency contact number(s).
E.
For each tow vehicle utilized by the tow operator in conducting the
business, the year, make, model, vehicle identification number, type
of vehicle, proof of registration and proof of insurance for the vehicle.
F.
The size and security features of the storage lot or space in which
towed vehicles will be stored, including the number of spaces available
and a designation of the lot as either "inside secured storage facility,"
or "outside secured storage facility."
G.
A listing of all equipment used or to be used in the towing operation
together with a statement that the storage/towing yard is in compliance
with local zoning regulation.
H.
Towing personnel who are authorized by the applicant to provide services
on behalf of the applicant:
(1)
Name, residence and telephone number.
(2)
New Jersey driver's license number and expiration date.
(3)
Social security number.
(4)
Signed statement by each person who provides services or owns 10%
or more of any entity providing such services, certifying that they
have not been convicted of a crime within the past four years, are
not presently on probation, parole or supervised release and are not
required to be on a list of sexual offenders. Persons and entities
who/which cannot so certify shall be excluded from providing towing
services but may appeal such exclusion to the Council which may, on
good cause, grant an exception after hearing an appeal.
A.
Applications shall be submitted to the Police Department who shall
promptly transmit checks and proof of insurances to the Clerk. The
police shall perform an examination of the applicant, the application,
and facilities. The written comments and observations of the officer
responsible for the review shall be submitted to the Police Chief.
B.
The applicant shall have adequate equipment and facilities to meet
the municipality's needs within the geographic area specified
by this chapter.
C.
The minimum requirements for each tower shall include:
(1)
Background check on all owners of the company with 10% or greater
percentage of ownership.
(2)
Background check on all tow truck operators permitted to serve the
municipality for the vendor.
(3)
All tow truck operators shall be the employees of the vendor with
recordkeeping consistent with the Department of Labor requirements
and shall comply with state and federal laws and regulations concerning
wages, hours and terms of employment.
(4)
Applicants or their employees having been convicted of a crime of
moral turpitude within the last four years or required to be on a
list of sexual offenders shall be deemed unqualified but may appeal
this determination as provided for by this chapter.
(5)
Vendors shall have experience towing for municipality or other public
entity for a period of no less than two full years prior to applying
for a license.
(6)
Towers shall be available 24 hours a day seven days a week to tow
a vehicle during their designated period on the rotation list and
shall be available to have a vehicle retrieved Monday through Friday
from 8:00 a.m. to 6:00 p.m. and either Saturday or Sunday from 10:00
a.m. until 2:00 p.m. The facility does not need to be open for the
removal of motor vehicles on federal or state holidays.
(7)
Storage capacity available outdoors for 10 vehicles and indoor facilities
for two vehicles on the day of the inspection.
(8)
The storage yard must be within seven miles from the corporate boundary
of the municipality, secured and enclosed by a sturdy fence or wall
of no less than six feet high and have a sign identifying it as a
storage yard for vehicles towed at the municipal request and the hours
of operation to claim a motor vehicle. The storage yard must provide
an ability to take payment for the release of a vehicle at the storage
yard.
(9)
Outdoor storage yard shall have lighting from dusk to dawn.
(10)
Type, condition and design of equipment. The applicant shall
have a minimum number of properly equipped clean tow trucks that are
owned or with a conventional lease to the applicant/operator for the
following:
(11)
Insurance from a company authorized to do business in New Jersey
(naming the municipality as an additional insured and requiring the
municipality to be notified 30 days in advance of any termination
or interruption of coverage):
(a)
Workers' compensation for all employees as per statute.
(b)
Garage keepers coverage ($150,000 coverage).
(c)
On hook coverage.
(d)
Comprehensive general liability coverage ($1,000,000).
(e)
Automobile liability with a single limit of $1,000,000 and an
umbrella coverage for an additional million.
(12)
After the inspection of the application and applicant by the
Police Department, a formal recommendation of approval or denial by
the Police Chief or his designee to the governing body shall be provided
to the governing body. If a negative recommendation is forthcoming,
the applicant shall be given no less than 15 days' written notice
prior to the meeting with the governing body explaining the reason
for the denial so as to permit the applicant the opportunity to correct
any deficiency or appeal any rejection.
(13)
As part of the application, the applicant shall acknowledge
the duty to promptly, within five business days, notify in writing
the Chief of Police of any new employee engaged in towing motor vehicles
and/or a change in ownership of the applicant in excess of 10% by
providing a certification as if reapplying.
A.
Fees for towing and storage of private passenger vehicles, damaged
in an accident or recovered after being stolen, may not exceed the
fees established by the New Jersey Department of Insurance pursuant
to N.J.S.A. 17:33B-47.[1] Those towing and storage fees, which are set forth in
N.J.A.C. 11:3-38.1,[2] are incorporated herein by reference.
(1)
Fee schedule for towing services, flatbed or wrecker (days, nights,
holidays and weekends have one set price):
(a)
Class A vehicles, noncommercial, up to 5,000 pounds: $125.
(b)
Class B vehicles, midsize trucks, 5,000 pounds to 10,000 pounds:
$225.
(c)
Class C vehicles, 10,000 pounds to 15,000 pounds: $350.
(d)
Class heavy-duty, rate by hour: $400 minimum.
(e)
Towing out of area of tow company yard: $5 per mile.
(f)
Cleanup of debris on roadway: $45.
(g)
Winching, if needed, or extra truck: $75 per 1/2 hour.
(h)
Special equipment recovery: as per New Jersey State Police Max
Rate Table then in effect.
(3)
Pursuant to law, the fee schedules shall be reviewed by the New Jersey
Commissioner of Insurance on an annual basis and may be revised if
necessary. In the event the above schedules are revised by the Commissioner
of Insurance, the revised fees shall be the maximum fees that may
be charged by towing companies and this chapter shall be amended accordingly.
B.
Fees for towing and storage of private passenger vehicles, other
than those damaged in an accident or recovered after being stolen,
may not exceed the fees set forth above.
C.
The fees set forth on the schedule for towing rates are the maximum
charges that shall apply to a private passenger automobile for basic
towing services rendered as a result of an accident or theft recovery.
There shall be no additional charges other than those provided herein,
including but not limited to flat bedding, waiting time, winching,
cleanup cost, and additional labor when only basic towing services
as defined are provided.
(1)
The towing rates shall be calculated based on the total distance
travelled from the tow vehicle's base of service to the job site
and return, by the 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.
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 as a result
of an accident or theft recovery.
E.
Trucks may be charged at a higher rate in line with customary and
reasonable rates in the industry.
Additional duties of the Police Department shall include but
not be limited to the administration of municipal towing vendors as
follows:
A.
The maintenance and publication of the schedule for all towers on
the rotational list.
B.
Hold periodic auctions pursuant to statute for the sale and transfer
of title to any motor vehicle remaining in storage.
C.
Maintain a list of all motor vehicles towed pursuant to this chapter
along with the name of the vendor, the date and time that the tower
was contacted and the time that the tower arrived at the location
where the vehicle is to be towed from.
D.
Periodically review the performance standard for the response time
of the tow operator. If the operator is found to exceed the standards
delineated in this chapter, the tow operator will be removed from
the on-call tow list for two rotations for the first warning, four
rotations for the second warning, eight rotations for the third and
final warning before being removed as an eligible tower for a period
of two years.
E.
Immediately suspend any vendor who fails to maintain the required
insurance until such violation has been cured to the reasonable satisfaction
of the municipal clerk and attorney.
F.
Recommend to the governing body to terminate any vendor's license
with the municipality for continued violations of their license.
Duties of the vendor shall include but not be limited to the
following:
A.
Denial of applicant.
(1)
Any applicant denied a place on the towing list shall be provided
with prompt written notice of the denial with an explanation by the
Police Chief and/or the municipal attorney.
(2)
Within five business days after receipt of the denial, the applicant
may:
(a)
Cure the reason for the denial and serve adequate proof to the
Clerk and Police Chief; or
(b)
Seek a waiver for good cause from the municipality at the open
public meeting when the governing body is granting licenses to tow.
Any such relief sought by an applicant shall be requested in writing
and served on the municipal clerk, Chief of Police and municipal attorney
no less than 10 days before the municipality will be acting on the
Police Department's recommendation.
B.
Suspension or removal.
(1)
Insurance. If the municipality has determined that the vendor has
failed to maintain proper insurance coverage as required by this chapter,
the tower shall immediately be removed and unless it was through no
fault of the vendor, the vendor shall be exempt from towing again
for the municipality for three years.
(2)
Timely response.
(a)
If the vendor repeatedly fails to timely report to remove a
motor vehicle, they shall be suspended from the tow list for one full
cycle for the first time in any license period.
(b)
If the vendor after having been suspended continues to arrive
late, they shall be suspended for three full cycles.
(c)
If the vendor after having been suspended twice continues to
arrive late, they shall be removed from the list of towers.
(3)
Falsification.
(a)
Any tower that has knowingly provided false and/or materially
inaccurate information to the municipality regarding towing, the applicant
shall be barred from serving as a tower from the municipality for
five years.
(4)
Improper charges. If a complaint for improper charges is sustained
by the Police Department after investigation, the governing body,
on recommendation of the Police Chief, may terminate a tower's
license and/or bar the tower from providing such services for a period
of five years.
C.
Due process hearings. With the exception of a violation regarding
insurance, upon notice of an impending suspension or removal, the
tower shall be entitled to an open public hearing before the governing
body. Hearing shall occur after no less than 10 days' notice
from the request nor more than 31 days.
A.
Motor vehicles which are stolen, abandoned, involved in a crime,
in violation of Title 39 offenses which require impoundment, involved
in a fatal accident or accidents which, in the judgment of police
may become fatal, shall be considered police impounds. The Chief of
Police shall designate where such police impounds shall be towed.
B.
No motor vehicle which has been impounded pursuant to the laws of
this state shall be released by the municipality unless proof of valid
insurance and proof of ownership for that vehicle is presented to
the Police Department.
C.
An owner of an impounded vehicle may have their vehicle removed from
the storage facility by wrecker only after the registration and license
plates have been surrendered to the New Jersey Motor Vehicle Commission
or, if not registered in this state, to the Division of Motor Vehicles
of the state of registration.
D.
The recovery or salvage of the impounded motor vehicle by, or on
behalf of, an insurer, financial institution or other lending entity,
shall not require proof of motor vehicle insurance for that vehicle.
E.
An administrative fee shall be charged and paid to the municipality
for a release of any motor vehicle.
F.
The administrative fee will not apply to vehicles which were towed
solely as the result of a motor vehicle collision, or if the vehicle
was towed as the result of criminal activity and the vehicle and/or
owner/driver was the victim.
G.
Tow operators shall not release from their storage facility any vehicle
that was impounded by the Police Department without written authorization
from the Police Department which may be via email or fax.
H.
Any tow operator found in violation of this section shall have their
tow operator's permit immediately suspended pending revocation
for the remainder of the tow operator's permit.
I.
Any subsequent violation of this section after reapplying and reinstatement
of the tow operator's permit shall result in immediate revocation
of the tow operator's permit with an ineligibility to reapply
for a tow operator's permit for a period of four years.
J.
For any impounded vehicle removed to the municipality storage facility,
the tow operator shall submit its bill for tow services to the municipality,
which will process and make payment for the same. To secure release
of the vehicle after the police impound has been lifted, the vehicle
owner must pay to the municipality the daily storage fee, any administrative
fees for vehicle release charged by the municipality, plus the fee
for tow services charged to the municipality by the tow operator.
The Chief of Police shall promulgate such rules, regulations
and procedures, not inconsistent with this chapter, as may be reasonable
and necessary to carry out the provisions of this chapter. Copies
thereof shall be provided to all permit holders and shall be made
available to the public, along with copies of current fee schedules,
during business hours.
In the event a court of competent jurisdiction shall find any
provision, paragraph, section, subsection, clause or phrase of this
chapter unlawful, unconstitutional or invalid for any reason, such
finding shall not affect the validity of the remaining portions.
This chapter shall take effect immediately upon final passage,
adoption and publication according to law.
