[HISTORY: Adopted by the City Council of
the City of Garfield 7-16-1985 by Ord. No. 1886 (Ch. 229 of the 1979
Code); amended in its entirety 11-9-2021 by Ord. No. 2893. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any motor vehicle or vessel partially dismantled or not readily
capable of operation under its own power or not currently licensed
or wrecked or junked. It shall also mean any vehicle whose owner has
terminated the use and care of the vehicle and has either indicated
by his words or actions an intent to leave it and no longer claim
ownership of it or left it without making arrangements for the storage
with the owner, occupant or person in control of the premises on which
it is located. It shall also mean any agency-initiated tow that has
not been claimed within 30 business days.
Authorized company that provides contracted administrative
services for unclaimed and abandoned vehicles on behalf of the municipal
police agency for tows initiated by the agency and in the possession
of the agency or tow vendors for the agency.
Refers to the City of Garfield.
Towing with use of flatbed at the request of vehicle owner
or when necessary due to condition or location of vehicle.
The towing of any vehicle with a gross vehicle weight of
greater than or equal to 16,001 pounds and up to 80,000 pounds.
The towing of any vehicle with a gross vehicle weight of
less than 10,000 pounds.
The towing of any vehicle with a gross vehicle weight of
greater than or equal to 10,000 pounds and less than 16,000 pounds.
A radio receiving any communication sent out by any police,
fire or ambulance communication system.
"Storage charges for a twenty-four-hour period" means the
maximum allowable amount to be charged by a storage facility for a
twenty-four-hour period or fraction thereof, beginning 24 hours after
when the vehicle is placed in the storage facility.
A vehicle employed for the purpose of towing, transporting,
conveying and removing any damaged, disabled abandoned motor vehicles
from the streets or highways within the City at the request of the
owner or the Police Department.
The towing, transporting, conveying and/or removal of damaged,
disabled and abandoned motor vehicles from the streets or highways
within the City.
A public vehicle employed for the purpose of towing, transporting
and/or conveying or removing vehicles which are unable to be and/or
are not operating under their own power, and for which a service charge
or fee is exacted.
No person who wishes to engage in municipal towing shall engage
in the business of operating wreckers or tow trucks for the aforementioned
purpose within the City without first obtaining a license therefor.
A.
Every applicant for a license under this chapter shall complete,
sign and verify a written application on the forms furnished by the
City Clerk. At the time of submission of said application, a fee in
the amount of $500 shall be paid which fee shall be nonrefundable
and shall be used to defray the costs incurred by the City in connection
with the investigation of and action on the application submitted.
B.
The application shall state:
(1)
The name and address of the applicant.
(2)
The serial numbers and registrations of each wrecker and flatbed
to be operated by the applicant.
(3)
The exact location of storage areas for the equipment, such as wreckers,
flatbeds, cars and other vehicles, and the amount of available space
for the storage of vehicles towed.
(4)
A plot plan, to scale on an eight-and-one-half-by-eleven-inch paper
depicting the storage area and the available spaces for impounded
vehicles.
(5)
The name, address and policy number for all insurance required by
this chapter.
(6)
Consent to appoint the City Clerk attorney-in-fact for acknowledging
service of process in connection with the ordinance licensure.
(7)
Consent by the applicant and each of its officers, agents and employees employed by the licensee to a check of their background, including but not limited to criminal and motor vehicle records with the local, state and federal authorities. Further, the licensee shall, after the issuance of the license, notify the City Clerk and the Police Chief in writing, within two days after the employment of any new employees or change in officers or agent, at which time the licensee shall comply with the requirements set forth in this § 310-3B(7).
(8)
An agreement to be available for service or on call 24 hours a day;
two telephone numbers for the applicant, including one emergency number
where the applicant can be contacted.
A.
The applicant shall file the completed application forms in duplicate
with the City Police Department and the City Clerk annually after
November 1 and before November 30 of each year. Applications presented
for filing after the November 30 date shall not be considered and
shall be regarded as failure to meet the filing date requirement.
B.
The Chief of Police shall cause to be conducted an investigation
of the applicant and each of the employees of the applicant and shall
thereafter make recommendations to the City Manager and City Council
describing:
(1)
The applicant's equipment, facilities and storage areas and the condition
of each.
(2)
The applicant's background and experience and the background of each
of the applicant's employees.
(3)
Whether the applicant has violated or is in violation of any ordinances
of the City and county or laws of the state or federal government.
(4)
The number and origin of any towing licenses held by the applicant
in the last three years.
(5)
The comments, if any, of the other licensing jurisdiction.
(6)
Complaints, if any, registered by the public or others concerning
the applicant's performance under the towing license in any other
municipality.
(7)
Any other comment or fact the Chief of Police deems pertinent to
the grant or denial of the license.
C.
Upon written notification to the applicant of the existences of any
deficiencies in the application, the applicant shall have 10 days
from the date of notification to cure such deficiencies and submit
same to the City Clerk and the Police Chief for review. In the event
that the applicant fails to properly cure any deficiencies in the
notice within the ten-day period, the application shall be regarded
as incomplete and will not be considered for licensing.
D.
All applicants for licensing shall have been in the business of towing
within the City of Garfield for a minimum term of two consecutive
years immediately prior to filing for licensing. Any applicant failing
to comply with this requirement shall not be eligible for licensing
under this chapter until such time that the two-year requirement set
forth in this subsection is complied with.
E.
The City Council shall on its regularly scheduled meeting in the
month of January consider all applications filed for consideration,
together with all investigations and recommendation, and approve or
deny such applications for licensing in accordance to this chapter
and thereby authorize the City Clerk to issue said licenses.
A.
The City Clerk shall promptly notify the applicant of the approval
of its application by the City Council and shall issue the license.
C.
All licenses shall expire yearly on the annual anniversary date which shall coincide with the filing of the application. See § 310-4A of this chapter as amended.
D.
The City Clerk shall send a copy of the license to the Police Department
for filing and shall keep a permanent record of all licenses issued.
E.
The license fee for the license issued under this chapter shall be
$500.
[Amended 12-29-2022 by Ord. No. 2973]
A.
All charges for nonconsensual towing services shall be limited to
those set forth in this chapter.
B.
Towing fees and other charges shall conform to the schedule of fees
as adopted by New Jersey State Police/GSTA rates published and updated
on an annual basis. Fees under "towing-basic" within the schedule
shall apply for all impounds up to a cap of $2,500. All hourly billable
rates will be charged in half-hour increments.
C.
Storage Fees: Storage fees will begin after the first 24 hours of
tow. Inside storage shall be at two times the rate noted below. The
figures noted below shall apply to the storage of vehicles as follows:
|
Private Passenger Automobiles
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$50 per day with a cap of $2,500
|
|
Commercial Vehicles/Trucks (Dual Wheels) Single Axle
|
$125 per day with a cap of $5,000
|
|
Tractor/Dump Truck/Tractor and Trailer Combo/Trailers
|
$125 per unit per day with no cap
|
|
Buses
|
$150 per day with no cap
|
|
Roll-off
|
$125 per day for each
|
|
Cargo/Accident Debris/Load Storage/Vehicle Components 10-foot
by 20-foot Space
|
$50 per space used per day
|
D.
City vehicles. Notwithstanding the foregoing fee or rate, each tower
licensed under this chapter shall provide towing service for light-duty
City-owned vehicles, towed within the City of Garfield, at no charge
at the request of the City Manager, Chief of Police, or his designee.
A licensed tower may charge the City of Garfield for the towing of
light-duty vehicles towed outside the City of Garfield, medium-duty
vehicles, and heavy-duty vehicles at a rate of 50% of the schedule
of fees as adopted by New Jersey State Police/GSTA rates published
and updated on an annual basis. The licensed tower must submit an
itemized invoice prior to receiving payment for the tow of any City-owned
vehicles.
E.
Vehicle release:
(1)
Hours for release of vehicles from towing yards shall be business
hours only: Monday through Friday, 9:00 a.m. to 5:00 p.m., Saturday
from 9:00 a.m. to 1:00 p.m., closed on Sunday and holidays. The tower
is not required to release a vehicle after business hours stated herein.
In the event the tower is available to release a towed vehicle after
normal operating business hours, then the tower shall be entitled
to an after-hours vehicle release fee in accordance with the schedule
of fees as adopted by the NJ State Police/GSTA Fee Schedule.
(2)
The owner or operator of a vehicle shall have the right to select
a tower of his or her own choice, including towers with a place of
business outside the City of Garfield, if the disabled vehicle is
not then interfering with the flow of vehicular or pedestrian traffic
and the vehicle does not present a danger to others (to be determined
by the Police Department). Response time: 15 minutes.
(3)
If the owner of a towed vehicle has not contacted the tow vendor
within seven days to discuss its intent regarding the vehicle in the
tow company's possession, the towing vendor shall request title
and lien information from the City's authorized service company,
and if no such company is contracted, directly from the City's
Police Department. The tow vendor shall notify the owner and any lienholder
via certified mail immediately upon receipt of title and lien information.
If notification is required to the owner and/or lienholder, a notification
documentation fee in accordance with the schedule of fees as adopted
by the NJ State Police/GSTA Fee Schedule may be applied. The notice
shall be sent by certified mail and contain the following:
(a)
The name and address of the owner of record and the holder of
any security interest.
(b)
The location where the vehicle is being stored.
(c)
A schedule of costs imposed for storing the vehicle and instructions
explaining how the owner of record or the security interest holder
may claim the stored vehicle.
(d)
A statement that a sale or disposal of the motor vehicle will
occur in accordance with N.J.S.A. 39:10A-1 through N.J.S.A. 39:10A-7
if the vehicle is not claimed within 30 days.
(e)
The address of the owner and lienholder as shown on the records
of the New Jersey Motor Vehicle Commission, or any other state's
equivalent agency, shall be deemed sufficient for the purpose of this
chapter.
F.
City of Garfield administrative fee.
(1)
In addition to the charges described above, there shall be a per-tow
fee, payable by the vehicle owner or operator, in the amount of $25
for the nonconsensual towing of a vehicle from public property. This
fee is required to be itemized separately on all invoices. This fee
shall be used to defray the expenses of the City of Garfield in connection
with the towing program. It shall be the responsibility of the towing
company to collect this fee and each towing company shall, on a quarterly
basis, forward a statement as to the number of vehicles towed, along
with the copies of tow receipts, together with a check in payment
of all administrative fees collected to the finance office.
(2)
No towing license shall be renewed by the City of Garfield for any
towing company with unpaid administrative fees.
(3)
The towing company shall not be responsible to pay the administrative
fee unless actually collected from the vehicle owner or operator.
G.
Notice of fees. The tow company shall at all times have a copy of
the fee schedule set forth by this chapter displayed in visible sight
for public inspection at its place of business. All tow trucks shall
have a copy of the schedule of fees available, if a vehicle owner
should request. Any charges to a vehicle owner where the copy of the
fee schedule set forth by this chapter was not on display or readily
available by the tow truck operator when requested by the vehicle
owner shall be considered a violation of this chapter and shall preclude
the tower from charging the vehicle owner for the services rendered.
Failure to provide said notice shall also be considered a violation
of this chapter and shall subject the tower to fines set forth by
this chapter and a loss of license.
A.
No license shall be issued to an applicant until the applicant shall
have deposited with the Chief of Police the following insurance policies,
which policies shall require that the City be given at least 20 days'
notice of cancellation or material change:
(1)
A garage keeper's liability policy covering fire, theft, explosion
and other hazards in a minimum amount of $500,000 with a deductible
of not more than $1,000.
(2)
Automobile liability for personal injury in a minimum amount of $500,000
per person and $1,000,000 per occurrence.
(3)
Automobile liability for property damage in a minimum amount of $100,000.
(4)
General comprehensive liability covering the operation of the applicant's
business and equipment in a minimum amount of $1,000,000.
B.
The insurance required under this chapter shall be a policy endorsed
to include the City of Garfield as a named insured with a standard
severability of interest provision. The policy shall be issued for
a period of 12 months or renewable for an additional six months, to
insure claims after the original license may expire.
C.
The licensee, in addition to the required insurance, shall indemnify
and save harmless the City from any claims and/or damages and liability
which might arise or claim to have arisen by reason of any action
or omission of the licensee, the licensee's agent, employees or servants
connected with the furnishing of services and labor required by the
license and this chapter.
A.
No license shall be issued to an applicant hereunder unless he or
his employees shall be available or on call on a twenty-four-hour
basis to tow disabled vehicles pursuant to the terms and specifications
of this chapter.
B.
Licensees will provide a fifteen-minute response time from the time
a call is received from the Garfield Police Communications Center
to the time of arrival at the tow request location.
C.
Licensees shall notify the Police Department if they are unable to
meet the fifteen-minute response time of an accepted call. Failure
to notify the Police Department may, after a hearing before the Mayor
and Council, result in a suspension of the vendor.
D.
For services rendered, or to redeem a motor vehicle from storage,
the operator shall accept in payment either cash or a check issued
by an insurance company, as well as a valid debit card, valid major
credit card or charge card, except that the operator may request additional
identification to support the charge card, as determined by the Director
of the Division of Consumer Affairs, before proceeding with repairs
or towing. Unless the owner is unable to produce such identification,
or the operator has a bona fide reason to believe the card or other
identification is fictitious, altered, stolen, expired or revoked
or not valid for any other cause or is clearly offered with intent
to defraud the operator, the debit card, charge card or credit card
shall be deemed an acceptable form of payment in lieu of cash if the
operator ordinarily accepts the card at his place of business. Nothing
in this subsection shall preclude payment by a motorist in the form
of check or money order, if this form of payment is acceptable to
the operator.
[Amended 12-29-2022 by Ord. No. 2973]
A.
All licensees must have sufficient storage areas on premises owned
by them or leased directly to them under a written lease. The written
lease shall be submitted annually with the application and shall contain
an endorsement, by the owner, indicating that the leasehold remains
in effect and that said written lease shall contain a restriction
that the leased premises shall be solely occupied by the tenant/licensee,
and said premises shall be occupied by no other person or entity,
and any subleasing shall not be permitted. The lease shall be for
a term of at least 12 months and shall provide a notification provision
to the City Clerk if termination occurs while a license under this
chapter is outstanding. The storage area shall be at least 5,000 square
feet and capable of accommodating 25 vehicles. Attached to the lease
shall be scaled drawing on eight-and-one-half-by-eleven-inch paper,
of the area which shall include any structure or improvement and each
point of ingress and egress for vehicles. The area and a place for
the public to transact business must be available between the hours
of 9:00 a.m. and 5:00 p.m., Monday through Friday, and Saturdays from
9:00 a.m. and 1:00 p.m., for the release of vehicles to the owners.
B.
Storage areas must comply with all applicable City ordinances, state and federal laws which may be applicable and all aspects of Chapter 341, Zoning, unless a valid nonconforming use or variance is obtained. The applicant shall be required to annually submit proof, evidenced by a letter from the Zoning Official, that the applicant complies with this section.
C.
Licensees shall have available and must provide for a protected area
for storage of impounded vehicles to be used in criminal cases. Protected
areas shall include inside storage or fenced in storage to preclude
access by unauthorized persons.
A.
The governing body hereby designates the Police Department generally
and the Chief of Police or his designee in particular as its agent
to supervise the enforcement and provisions of this chapter and the
rules and regulations adopted hereunder.
B.
No individual, owner or operator of a wrecker shall respond to the
scene of an auto accident except upon notification by the officer
in charge of police department or upon the request of the driver or
owner of the vehicle involved.
C.
To amplify and expedite the enforcement of the provisions of this
chapter, the Chief of Police or his designee shall establish a system
in the assignment of wreckers where the owner or the driver declines
to indicate any specific choice of a wrecker to remove the disabled
vehicle. Said system may be altered by a licensed tower with another
licensed tower, provided that said change is approved in advance by
the Chief of Police. In the application of the system, the Chief of
Police or his designee shall not discriminate against a licensee and
shall apply such system fairly to ensure equal access, taking into
account the capability, equipment and availability of each licensee.
D.
The licensee shall take every necessary precaution to prevent interference
with traffic and shall obey all rules and regulations of the Traffic
Bureau of the Police Department of the City and the Motor Vehicle
Department of the State of New Jersey.
E.
Where the Police Department directs a custodian to store a vehicle,
such custodian shall notify the Police Department of all such vehicles
that are in the custodian's possession for at least 30 days. Such
notification shall be submitted to the Police Department on the 31st
day from the period of initial custody.
A.
No licensee shall maintain a police frequency radio receiving set
for the purpose of intercepting police calls in regard to disabled
vehicles except if authorized by the City Chief of Police in writing.
B.
No licensee shall possess or exhibit flashing lights except as provided
under N.J.S.A. 39:1-1 et seq.
C.
All licensees shall maintain and have available to render service
under this chapter a minimum of two light-duty wreckers, with a wheel
lift capable of towing a passenger vehicle, two eighteen-foot flatbeds
and one heavy duty wrecker. All vehicles shall be registered and insured
by the licensee and shall have a passenger seat to transport the driver
of the vehicle, under appropriate circumstances, to another location
within the City at no additional cost to the driver or the owner.
The vehicles described in § 310-12 shall be equipped with the following items:
A.
A minimum of two flashing yellow lights pointed to the rear and so
mounted as not to be obstructed by any motor vehicle being towed by
the licensee.
B.
A minimum of two flashing yellow lights spaced at least four feet
apart and so constructed as to be mountable on the rear of any vehicle
being towed by the licensee.
C.
A minimum of 10 flares or similar warning devices for placement at
the scene of an accident or behind a disabled motor vehicle.
D.
One shovel and one broom for use in removing debris from roadways.
E.
One two-pound dry chemical fire extinguisher.
F.
Speedy dry or other absorbent material.
In the event that a licensee is requested by the City to render
services in accordance with this chapter at the scene of a motor vehicle
accident, the licensee shall remove from the street all broken glass,
metal and other debris resulting from said accident and shall place
at the scene of the accident flares and such other safety devices
as may be necessary and directed by the Police Department.
Licensees shall take all reasonable precautions required by the Police Department to avoid damage to any evidence, such as fingerprints, when rendering services in accordance with this chapter. All motor vehicles which contain or involve evidence necessary to the Police Department of the City and stored by the licensee in accordance with this chapter shall be stored pursuant to § 310-10C of this chapter.
A.
Licenses issued under the provisions of this chapter may be revoked
by the City Council after notice and hearing for any of the following
causes:
B.
Notice of the hearing for revocation of a license shall be given
to the licensee, in writing, setting forth specifically the grounds
of the complaint and the time and place of the hearing. Such notice
shall be mailed by registered or certified mail, return receipt requested,
addressed to the licensee at his last known address, at least five
days prior to the date set for the hearing.
This chapter shall not prevent the occasional operation at the
scene of an accident, upon the request of an owner or driver of a
vehicle, of a wrecker or tow truck which is owned by a person not
regularly engaged in the business of operating wreckers or tow trucks
within the City of Garfield.
A.
The City of Garfield shall limit the issuance of towing licenses
to no more than three licenses per year. The City Clerk shall maintain
a list of applicants on a first-come-first-served basis to be contacted
in the event that an existing license becomes available for issuance,
at which time an application may be filed in accordance to this chapter.
B.
All licenses issued and existing at the date of adoption of the amendment
to this chapter shall continue to be in full force and effect and
shall be considered as having priority for renewal and reissuance
as long as there has been no violation of this chapter by the licensee
which would cause a forfeiture of the existing license, and all requirements
of this chapter as amended shall be complied with by the licensee
for reissuance of said license.
Any person, firm, corporation who shall be guilty of a violation
of any provision of this chapter shall, upon conviction, be liable
to:
A.
In case of a first offense, a fine of not more than $250 and suspension
of privileges under this chapter for up to 30 days, or both.
B.
In case of a second offense occurring within five years of the first,
a fine of not more than $500 and a suspension of privileges under
this chapter up to 60 days, or both.
C.
In case of a third offense occurring within five years of the first
offense, a fine of not more than $1,000 and the permanent revocation
and forfeiture of the license.
D.
Violations under this chapter may be enforced by the Police Department.
Violations regarding storage areas or business offices may also be
enforced by the Zoning Department.
E.
By operation of this chapter, power and authority to enforce any
provision contained hereunder is conferred to the Municipal Court.
[Amended 12-29-2022 by Ord. No. 2973]
A.
If after 30 days from the date of towing the vehicle remains unclaimed,
then it shall be deemed abandoned and the municipality shall take
such action as is permitted under N.J.S.A. 39:10A-1 through 39:10A-7.
B.
The tow vendor shall notify the Municipal Authorized Service Provider,
and if no such company in contracted, notify the Municipal Police
Department, at the end of the 30 days of the date of towing, that
the vehicle has not been claimed. Upon notification, the vehicle will
be sold at public auction in accordance with N.J.S.A. 39:10A-1 through
39:10A-7.
C.
Storage and towing charges shall accumulate until the disposition of the vehicle, subject to the requirements of § 310-7. A tow vendor shall be authorized to bid on a vehicle at an AAUSP auction to recover any unpaid fees. The tow vendor shall have the right to seek any legal actions for unpaid bills against the registered owner or security interest holder of the vehicle as per N.J.S.A. 39:10A-1 et seq. In the event the proceeds from such auction or a junk title transferred shall be insufficient to pay the accrued towing and storage charges, the City shall not be liable to the tow vendor for any additional balance. Any proceeds of auction shall be distributed by the municipality as per N.J.S.A. 39:10A-5.
D.
Tow contractors agree that all service fees and expenses incurred for the services of an AAUSP in § 310-21 and for expenses incurred for the issuance of junk titles and auction/title services are the responsibility of the tow vendor, if the successful bidder, and can be added to the minimum bid of auctioned vehicles. These fees shall be in addition to the capped fees herein. The City will not be liable for any towing or storage fees for any unclaimed/abandoned vehicles.
A.
The municipality may engage an authorized abandoned/unclaimed service
provider to assist in the handling of abandoned and unclaimed vehicles
that were towed by the municipal police department in accordance with
this chapter and to assist the Police Chief with the administration
of this chapter as may be required. The AAUSP must be an entity authorized
to do business in the State of New Jersey with an office in the state
and have a minimum of five years' experience in the processing of
abandoned and unclaimed vehicles.
B.
The AAUSP must provide online access via an online portal for the
Municipal agency representatives to access all abandoned/unclaimed
vehicles in the agency's possession.
The AAUSP shall be authorized to execute any documents necessary
to ensure compliance with local ordinances and State Statutes in order
to facilitate the disposition of unclaimed vehicles as set forth in
N.J.S.A. 39:10A-1 through 7.
At the municipality's request the AAUSP may be authorized to
conduct public auction of any vehicle covered by this chapter.
