To establish rules and regulations, pursuant to N.J.S.A. 40:48-2.49,
et seq., for the towing and storage of motor vehicles from public
roadways by operators engaged in the business of towing and storing
motor vehicles.
[Ord. No. 2019-05]
A.
The provisions of this article shall apply only when a towing service
on the tow list is responding to a call initiated by the Hightstown
Police Department.
B.
This article shall only apply to all motor vehicle towing and storage operations within the Borough of Hightstown which occur at the initiation of the Hightstown Police Department. Nothing herein limits the right of the owner or operator of a motor vehicle to request or summon a tow operator of his or her own choosing or a tow operator form another municipality, unless a borough police officer at the scene determines that the tow service to be summoned cannot arrive at the scene within the limited time specified in § 8-1-7 hereof, or does not have the proper equipment to clear the scene, pursuant to § 8-1-10 hereof, and the safety of persons and motorists may be jeopardized thereby.
[Ord. No. 2019-05]
As used in this article, the following terms shall have the
meanings indicated:
Refers to the removal and transportation of an automobile
from a highway, street or other public or private roadway, or a parking
area, or from a storage facility, and other services incident thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any other object
within the right-of-way or berm.
Any motor vehicle with a GVW greater than 16,000 pounds which
is not classified as an automobile.
When any motor vehicle is brought from the original location
to police headquarters for investigative purposes and, upon completion,
is moved from police headquarters to a final destination, the charge
will be 1 1/2 times the actual rate for one tow.
Removal and/or disposal of any fluids or debris left on the
roadway or property as a result of a motor vehicle accident or recovery.
Any vehicles propelled otherwise than by muscular power,
including trailers and recreational campers, excepting such vehicles
as run only upon rails or tracks and motorized bicycles.
Basic roadside assistance calls such as tire changing, up
to two gallons of fuel, vehicle lockouts or jump-starting. Due to
traffic patterns, roadway design and the inability to conduct quick
roadside assistance, the Borough of Hightstown does not recognize
roadside assistance for vehicles in excess of 16,000 GVW. Disabled
vehicles in excess of 16,000 GVW must be towed from the roadway or
any other vehicle deemed to be unsafe on the roadway. If the roadside
assistance call results in a tow, then the vehicle operator will only
be charged for the towing.
Fees charged for the storage of motor vehicles.
A rotating list of all towing services registered with the
Borough of Hightstown kept by the Borough Chief of Police.
A person engaged in the business of or offering the services
of a tow vehicle or tow truck and storage services.
Fees charged by a towing service for removal and transportation
of a motor vehicle.
A business engaged in the towing and storing of motor vehicles
which has been approved for the towing list.
A motor vehicle employed by a towing service for the purpose
of towing, transporting, conveying or removing motor vehicles from
public roadways.
An operation by which a vehicle is moved into the roadway
from a position off the roadway or other operation in which substantial
work is required to prepare a vehicle for normal towing (i.e. lifting,
dragging, up righting a vehicle etc.).
[Ord. No. 2009-19; Ord. No. 2019-05]
A.
No towing service shall be placed upon the towing list for the towing or storing of motor vehicles within the Borough, unless the towing service shall first register with the Borough. In order to be placed upon the towing list for towing, a towing service must be located within five miles of the geographic center of the Borough of Hightstown or within the Borough of Hightstown. Registration applications shall be made available by the Borough police department. A towing service that has met all the specifications and requirements of this article and has registered with the Borough shall be placed on the towing list by the Chief of Police; however, the maximum number of towing services on the Borough's towing list shall be up to three such services. Currently the borough has five towing services on its tow list. This number of approved towing services shall remain in effect, until such time that a currently approved towing company fails to re-register with the borough as an authorized towing service or is removed from the towing list for a violation of this article. A list of approved towing services is listed in § 8-1-19 of this article. Services shall be placed on the Borough's towing list on a first-come first-served basis. Vacancies shall be filled in the same manner. Each towing service must submit their schedule of basic towing and storage rates with their registration application. The rates and fees for towing and storage of motor vehicles shall not exceed the rates set by this article.
B.
The towing service owner or its authorized representative shall sign
the registration application form indicating that the full requirements
of this article have been met by the towing service applicant.
C.
If any information provided by a towing service in its registration
application changes, the towing service is responsible for notifying
the police department of the change in the registration information
within 30 days of such change. Failure to comply with this provision
will be deemed a violation of this article.
A.
No towing service shall operate within the Borough unless it carries
liability insurance in the following amounts:
(1)
Garage Liability/Comprehensive General Liability insurance policy
in an amount not less than $1,000,000 combined single limit covering
bodily injury and property damage liability, including but not limited
to personal injury, products liability, independent contractor and
completed operation coverage;
(2)
Garage Keepers Legal Liability insurance policy in an amount not
less than $100,000;
(3)
For heavy-duty towing and heavy-duty recovery vehicles, $1,000,000
combined single limit with endorsement MSC-90;
(4)
Automobile Liability insurance policy in an amount not less than
$1,000,000 combined single limit covering bodily injury and property
damage liability, including but not limited to owned, non-owned and
hired vehicles;
(5)
Worker's Compensation insurance as required by law, including but
not limited to statutory New Jersey Worker's Compensation Benefits
and employer's liability coverage;
(6)
All policies shall provide an endorsement for collision coverage
for motor vehicles and cargo towed by towing service vehicles; and
(7)
On all liability policies, the Borough of Hightstown shall be added
as an additional insured, and insurance policies and/or certificates
shall indicate such coverage as primary coverage notwithstanding any
insurance carried by the Borough.
[Ord. No. 2019-05]
A.
Fees and rates for the towing, roadside assistance and storage of
motor vehicles shall be established by resolution of the Mayor and
Borough Council, which rates shall be based on the usual, customary
and reasonable rates of operators towing and storing motor vehicles
in the Borough.
B.
Fees and rates for the towing and storage of motor vehicles shall
be reviewed by the Chief of Police on an annual basis, and shall be
revised, if necessary, by resolution of the Mayor and Borough Council.
The Chief of Police shall advise all towing services placed on the
towing list of any such revisions.
[Ord. No. 2019-05]
A.
All towing services placed on the towing list shall be available
to respond to a call in accordance with the towing rotation schedule
of on-call status established by the Chief of Police.
B.
All towing services shall respond to a call in any part of the Borough
within 20 minutes. If a towing service does not respond within 20
minutes of a call, the towing service next on the list shall be called
and entitled to provide services as needed, and the first towing service
shall lose any claim to compensation.
C.
All drivers and operators of towing vehicles shall be properly licensed
to operate a motor vehicle within the State of New Jersey and are
subject to driver's license checks by the Borough police department
at the time of registration and at least on a biannual basis thereafter.
All towing vehicles shall be properly registered and inspected in
accordance with any applicable law.
D.
All vehicles must be towed in a safe manner.
E.
All towing services shall be capable of providing reasonable roadside
services to disabled vehicles such as, but not limited to, jump-starting,
changing of flat tires, vehicle lockouts and providing fuel. Such
services will only be performed if they can be done so safely, as
determined by the police officer on the scene. The fees charged for
these services shall be in accordance with this article.
F.
All towing services shall make available a copy of its basic rates
and a business card to all owners and operators of motor vehicles
which will be towed.
G.
All towing services shall keep accurate records of all motor vehicles
towed and stored at the direction of the Borough police department.
A copy of such records shall be provided to the Borough upon request.
H.
Towing services shall not remove any motor vehicle which has been
abandoned or involved in an accident in any public roadway without
first notifying the Borough police department.
I.
The police department shall not call a towing service to remove a
vehicle from private property. The police department shall provide
the property owner with all available information regarding the ownership
of the motor vehicle on their property, and the property owner will
then be responsible for making their own arrangements to remove the
vehicle.
J.
The towing service shall notify the police department of all vehicles
found by the towing service to have been abandoned and not claimed
within 14 days after being stored. The police department shall, upon
notification, expeditiously process the vehicle in accordance with
the New Jersey Motor Vehicle Code concerning abandoned and unclaimed
motor vehicles.
K.
An invoice
and/or receipt shall be provided to the owner or operator of the towed
vehicle indicating the amounts charged and the service provided, a
copy of which shall be provided to the Hightstown Police Department
and the Borough Administrator.
[Added 3-7-2022 by Ord. No. 2022-04[1]]
L.
Towing service shall be in compliance with the State Affirmative
Action statutes and rules.
M.
Towing service must be in compliance with the Americans with Disabilities
Act.
N.
Towing service shall confirm that it is an independent contractor
and does not represent or act for the Borough of Hightstown in any
way.
O.
All towing services authorized by the Borough of Hightstown must
perform emergency roadside assistance when so requested by the Hightstown
Police Department.
P.
Nothing in this article shall preclude the right of a motorist or vehicle operator to summon a tow operator of his or her own choosing, pursuant to the provisions of § 8-1-2.
Q.
The Borough of Hightstown shall not be liable for the cost of any
services performed by the towing service unless those services are
performed on borough vehicles.
A.
A towing list will be kept with the Chief of Police. The towing list shall include all towing services which have registered with the Borough. A towing service shall be placed on the bottom of the towing list upon registration with the Borough. The towing list shall be a rotating list as provided in Subsections B, C and D of this section.
B.
When the need arises, the police department will call the towing
service on the top of the list, which is on-call on the towing rotation
schedule. The towing service called, if it shall perform any of the
services covered by this article, shall be placed at the bottom of
the towing list and not called again until all other on-call towing
services on the towing list have been called.
C.
If a towing service is unavailable to perform required services when
called by the police department, for whatever reason, said towing
service shall be charged with a call and placed at the bottom of the
towing list, and the next available on-call towing service shall be
called. The towing service that responds in its place shall remain
at the top of the list.
D.
If a towing service, after being dispatched, is recalled and does
not perform any duties or services covered by this article, the towing
service shall remain on the top of the towing list. However, if a
towing service arrives at the scene of an incident in which its services
are required and cannot perform said services, it shall lose its place
on the towing list, and the next on-call towing service on the list
shall be called.
[Ord. No. 2019-05]
A.
All storage facilities operated or used by towing services shall
meet all local zoning and code requirements, and must be located within
five miles of the geographic center of the Borough of Hightstown or
within the Borough.
B.
All towing services shall have an indoor storage facility at its
disposal for motor vehicles which have been involved in criminal activity
and impounded by the police department.
C.
All storage facilities shall have a business office open to the public
at least six days in a calendar week and at least 40 hours in the
week, excluding weeks that contain New Jersey State holidays. An employee
is required to be at the storage yard during these hours, unless the
employee is out on a towing assignment. The business hours of operation
are to be posted in a conspicuous space.
D.
All outside storage facilities shall be secured and fully enclosed
by a sturdy fence having a minimum height of six feet, with a lockable
gate for ingress and egress, and shall be lighted from dusk to dawn.
E.
A towing service shall not charge a release fee or other charge for
releasing motor vehicles to their owners after normal business hours
or on weekends. During all other hours and legal holidays, vehicle
may be released at the sole discretion of the towing/storage facility.
F.
All towing services shall be responsible for ensuring the proper
and safe storage of all motor vehicles towed pursuant to this article
and shall be liable for any damage incurred by such motor vehicles
while in transit to or while stored in the storage facilities.
G.
All vehicles towed must be removed to an approved storage facility
unless the owner or operator of the vehicle specifically requests
that it be towed to another place and the police officer at the scene
does not direct otherwise.
H.
Storage begins at the date and time the vehicle is placed on the
property of the towing service or storage facility and will be charged
for each twenty-four-hour period. Any vehicle released prior to 12
hours of storage will be charged only half of the twenty-four-hour
rate.
[Ord. No. 2009-19; Ord. No. 2019-05]
A.
All towing services engaged in light-duty towing shall have at least
one rollback truck and one wrecker, with necessary brooms and equipment
to do the complete removal. Each truck must have a manufacturer's
capacity of at least 10,000 pounds gross vehicle weight and a manufacturer's
boom capacity of four tons; one heavy-duty wrecker with a manufacturer's
capacity of not less than 27,000 pounds gross vehicle weight and a
boom capacity of not less than 25,000 pounds independently or 24 tons
jointly; two power winches with pulling capacity of not less than
25,000 pounds each; at least 200 feet of cable at least 9/16 of an
inch diameter on each drum; double boom to permit splitting, or single
boon hydraulically elevated and extendable with a 360° swivel
on the end of the boom; air brakes so constructed as to lock rear
wheels; heavy-duty under reach; two snatch blocks with a 25,000 pound
rating and two scotch blocks.
B.
All towing vehicles must have radio equipment with a twenty-four-hour
dispatch service or a cellular telephone for the purpose of maintaining
communications with the police department radio desk.
C.
All towing vehicles must be equipped with amber beacons or strobe
lights, and amber-colored safety tow lights or magnetic tow lights
for towing vehicles at night, as permitted by the State of New Jersey.
All tow vehicles must have at least one five-pound ABC-type fire extinguisher,
safety chains, flares, jumper cables, shovel, pry bar, heavy-duty
push broom and substances for application to small liquid spills.
D.
Each tow operator, prior to departure from the scene of towing, shall
clean and clear any customary or usual debris from the accident scene.
Each tow operator shall also clean, clear, absorb or dilute any usual
oil, gasoline or other motor vehicle fluid spill at the scene of the
towing service. All materials disposed of by a tow operator shall
be properly disposed of in accordance with the requirements of the
New Jersey Department of Environmental Protection and the Federal
Environmental Protection Agency. Nothing in this article shall prevent
the Hightstown Police Department from summoning any other person,
if an unusual or potentially dangerous situation occurs or it is otherwise
necessary to do so. Such situations include, but are not limited to,
accidents or breakdowns involving dangerous or potentially dangerous
cargo, or spills of chemicals, solvents or other fluids.
E.
Proof of towing vehicle and equipment specifications shall be provided
to the Borough with the registration application.
F.
All towing vehicles are to conform with all applicable State and
Federal laws and shall be subject to inspection by Borough officials
during normal business hours at the time of registration and on an
annual basis thereafter.
A.
If a motor vehicle operator or owner wishes to have his vehicle towed
by a particular towing service, their request shall be honored, providing
the police officer in charge at the scene has not already dispatched
a towing service or the police officer has determined that the motor
vehicle in question will not be removed in an expeditious or safe
manner and will jeopardize the public safety, in which case the motor
vehicle operator or owner shall be required to utilize a compensated
dispatched towing service.
B.
The owner or operator of any motor vehicle required to be towed or
stored shall have the right to remove all personal items and effects
from the motor vehicle unless the police department has placed a police
hold on any such items.
C.
The motor vehicle owner or his representative shall have the right
to take photographs of any stored vehicle for insurance purposes.
D.
Upon request of the motor vehicle owner or his representative, a
towing service shall provide a detailed and itemized bill for all
services rendered.
All towing services shall be responsible for collection of all
fees for services rendered.
[Ord. No. 2009-19]
A.
All violations of this article and all complaints by the public or
police department against any towing service shall be forwarded to
the Mayor and Borough Council.
B.
The Mayor and Borough Council, in their discretion, shall determine
if any complaint or violation against a towing service is of such
a serious nature as to warrant a hearing and possible disciplinary
measures. If the Mayor and Borough Council decide that a hearing is
required, they shall, upon proper notice to all interested parties,
conduct a hearing in which all parties may present evidence. If, after
a hearing, the Mayor and Borough Council find that a towing service
has violated any provision of this article, they may, depending on
the seriousness of the offense:
[Ord. No. 2019-05]
A.
No tow service may respond to the scene of an accident or emergency with the purpose of towing vehicles unless specifically called there by the police for a person involved in the accident or emergency. This section is intended to prohibit tow operators from soliciting business at the scene of accidents or emergencies and shall not be construed to prohibit any person from summoning a tow operator of his or her own choice in accordance with § 8-1-2 of this article.
[Ord. No. 2019-05]
A.
Tow operators shall comply with the directions of the police investigator
in connection with vehicles involved in suspected crimes.
[Ord. No. 2019-05]
A.
No reward, gratuity, gift or any type of remuneration shall be offered
to any Hightstown Borough police officer, borough official or borough
employee by any towing service or tow operator.
[Ord. No. 2019-05]
A.
When a borough police officer is at the scene of an accident requiring
towing service, said officer shall be responsible for making the final
determination as to when towing shall take place. The officer shall
not be limited to the tow list when it is clear that special towing
equipment is required for large vehicles and/or public safety may
be threatened by vehicles requiring removal.
[Ord. No. 2019-05]
A.
For the purpose of setting towing and storage rates, vehicles shall
be classified into four categories:
(1)
Light-Duty (Class 1): Shall consist of all vehicles with a GVW of
10,000 pounds or less.
(2)
Medium-Duty (Class 2): Shall consist of all vehicles with a GVW between
10,000 and 16,000 pounds.
(3)
Heavy-Duty (Class 3): Shall consist of all vehicles with a GVW greater
than 16,000 pounds.
(4)
Motorcycles: Shall consist of all types of motorcycle, dirt bikes,
mopeds, ATV, Side by Side, off road utility vehicle, snowmobile, golf
cart or any type of similar unlisted vehicle.
B.
Towing Fee Rates:
|
Type
|
Fee
|
|---|---|
|
Light Duty
|
$150
|
|
Medium Duty
|
$250
|
|
Heavy Duty
|
$500
|
|
Heavy Duty with wheel lift required
|
$550
|
|
Motorcycle
|
$125
|
C.
Winching Rates:
|
Type
|
Fee
|
|---|---|
|
Light Duty
|
$50 per 1/2 hour
|
|
Medium Duty
|
$50 per 1/2 hour
|
|
Heavy Duty
|
$50 per 1/2 hour
|
|
Additional personal needed on scene
|
$75 per hour
|
D.
Specialized Equipment Rates:
|
Type
|
Fee
|
|---|---|
|
Crane service
|
$450 per hour
|
|
Heavy-Duty Flatbed/Lowboy
|
$350 per hour
|
E.
Vehicle Prep Work Needed to Complete Tow. (i.e., remove bumper, airlines,
damaged vehicle parts, etc.)
|
Type
|
Fee
|
|---|---|
|
Light/Medium/Heavy Duty
|
$50 per 1/2 hour
|
|
Additional personnel needed at scene to complete tow
|
$75 per hour
|
|
Stand-by/wait time
|
$60 per hour
|
F.
Environmental Service:
|
Type
|
Fee
|
|---|---|
|
Environmental Service
|
$65 per hour
|
|
Additional absorbent
|
$20 per bag
|
G.
Roadside Assistance Rates. (If roadside assistance results in a tow,
then the towing service may only charge the rate of the tow and not
the rate of the roadside assistance or both.)
|
Type
|
Fee
|
|---|---|
|
Light-Duty
|
$100
|
|
Medium-Duty
|
$225
|
|
Heavy-Duty
|
$450
|
H.
Storage Rates. (Any vehicle released prior to 12 hours storage will
be charged only half of the twenty-four-hour rate.)
|
Type
|
Fee
|
|---|---|
|
Light-Duty
|
$45 per day
|
|
Medium-Duty
|
$75 per day
|
|
Heavy-Duty
|
$150 per day
|
|
Motorcycles
|
$30 per day
|
I.
Additional Storage Fees:
|
Type
|
Fee
|
|---|---|
|
Administrative fee - Light-Duty
|
$50
|
|
Administrative fee - Medium-Duty
|
$100
|
|
Administrative fee - Heavy-Duty
|
$100
|
|
Yard service fee - Light-Duty
|
$45
|
|
Yard service fee - Medium-Duty
|
$75
|
|
Yard service fee - Heavy-Duty
|
$175
|
|
Wrapping/Trapping fee
|
$75 per hour
|
[Ord. No. 2019-05]
(Reserved)
