Chapter 310 Tow Trucks

The name and address of the applicant.

The serial numbers and registrations of each wrecker and flatbed to be operated by the applicant.

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.

§ 310-4 Filing of application; time for filing application; investigation; minimum towing experience.

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.

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.

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:

The applicant's equipment, facilities and storage areas and the condition of each.

The applicant's background and experience and the background of each of the applicant's employees.

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.

§ 310-5 Issuance of license; contents; expiration; filing; fee.

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.

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.

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.

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.

The City Clerk shall promptly notify the applicant of the approval of its application by the City Council and shall issue the license.

The license shall contain the following:

The name and address of the licensee.

The number of the license and the amount of fee paid.

The date of issuance of the license and the expiration date.

§ 310-6 License nontransferable; display of license.

The signature of the City Clerk and the seal of the City.

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.

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.

The license fee for the license issued under this chapter shall be $500.

A license issued under this chapter shall not be transferable.

Each licensee shall produce his license whenever called upon to do so.

§ 310-7 Fees for towing, storage, and service of vehicles.

[Amended 12-29-2022 by Ord. No. 2973]

All charges for nonconsensual towing services shall be limited to those set forth in this chapter.

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.

All vehicles towed or impounded to a towing facility or City facility are not subject to "on-hook mileage" fees.

Service for a flat tire with spare will be a flat rate of the minimum hourly "manual laborers" rate under the "labor" schedule.

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	$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

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.

Vehicle release:

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.

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.

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.

City of Garfield administrative fee.

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.

No towing license shall be renewed by the City of Garfield for any towing company with unpaid administrative fees.

§ 310-8 Insurance requirements; indemnification of City.

The towing company shall not be responsible to pay the administrative fee unless actually collected from the vehicle owner or operator.

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.

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:

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.

Automobile liability for personal injury in a minimum amount of $500,000 per person and $1,000,000 per occurrence.

Automobile liability for property damage in a minimum amount of $100,000.

§ 310-9 Minimum standards of performance.

General comprehensive liability covering the operation of the applicant's business and equipment in a minimum amount of $1,000,000.

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.

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.

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.

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.

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.

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]

§ 310-10 Storage areas.

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.

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.

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.

§ 310-11 Supervision and enforcement.

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.

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.

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.

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.

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.

§ 310-12 Vehicle restrictions and requirements.

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.

No licensee shall possess or exhibit flashing lights except as provided under N.J.S.A. 39:1-1 et seq.

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.

§ 310-13 Equipment requirements.

The vehicles described in § 310-12 shall be equipped with the following items:

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.

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.

A minimum of 10 flares or similar warning devices for placement at the scene of an accident or behind a disabled motor vehicle.

One shovel and one broom for use in removing debris from roadways.

One two-pound dry chemical fire extinguisher.

Speedy dry or other absorbent material.

§ 310-14 Cleanup requirements.

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.

§ 310-15 Preservation of evidence.

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.

§ 310-16 Revocation of license; notice of hearing.

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:

Fraud, misrepresentation or false statement contained in the application for license.

Any violation of this chapter.

§ 310-17 Operation by non-City wreckers.

Conviction of any crime involving moral turpitude.

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.

§ 310-18 Limited licenses issued.

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.

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.

Should any existing licenses be forfeited or not renewed by the City Council as a result of abandonment, forfeiture or noncompliance with this chapter as amended, then such licenses that exceed the number specified in § 310-18A shall be retired during the licensing year.

§ 310-19 Violations and penalties.

Any person, firm, corporation who shall be guilty of a violation of any provision of this chapter shall, upon conviction, be liable to:

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.

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.

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.

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.

By operation of this chapter, power and authority to enforce any provision contained hereunder is conferred to the Municipal Court.

§ 310-20 Sale or junk title issuance of unclaimed/abandoned impounded vehicles.

[Amended 12-29-2022 by Ord. No. 2973]

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.

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.

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.

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.

§ 310-21 Authorized abandoned/unclaimed service provider (AAUSP).

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.

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 must submit the following to the municipality:

A "certificate of good standing" issued by the Secretary of State of New Jersey.