[HISTORY: Adopted by the City Council of the City of Paterson 4-28-2020 by Ord. No. 20-028. Amendments noted where applicable.]
A. 
For purposes of this chapter, the following terms, phrases, and words shall have the meanings given herein:
ABANDONED VEHICLE
A vehicle located on a public right-of-way not in operation and with no operator or owner visible and as defined in Title 39 of the Revised New Jersey Statutes.
BASIC TOW
Private property towing as defined in this section and other ancillary services that include the following: arriving at the site from which a motor vehicle is to be towed; 15 minutes' waiting time; hooking the motor vehicle to, or loading a motor vehicle onto, a tow truck; transporting a motor vehicle to a storage facility; unhooking or unloading a motor vehicle from the tow truck; and situating the vehicle in the space in which it is to be stored. "Basic tow" also includes issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; issuing an itemized bill; three trips to the motor vehicle in storage, which, if applicable, include making a vehicle available to an insurance appraiser or adjuster; issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; and retrieving a motor vehicle from storage during the hours in which the storage facility is open.
CHIEF OF POLICE
The Chief of Police of Paterson City or his or her designee.
CITY
The City of Paterson, located in Passaic County, New Jersey.
DEBRIS
Includes but is not limited to glass, sheet metal, fiberglass, fluids, tires, vehicle components, and other material that may normally be associated with a motor vehicle accident.
DECOUPLING
Releasing a motor vehicle to its owner or operator when the motor vehicle has been or is about to be, hooked to or lifted by a tow truck, but before the motor vehicle having been moved or removed from the property.
DISABLED VEHICLE
Any vehicle located on or along any public right-of-way, not in operation and with no operator visible and/or not legally parked, shall constitute an inoperable vehicle.
EXTENDED SITE CLEANUP
The removal of debris at the point of impact, as well as along the path of pre-impact and/or post-impact, where vehicle disintegration and/or other property damage occurred as a result of the motor vehicle accident or incident and shall be included by the terms of the contract.
FULL-CAPACITY TOWER
A tower with the capability and equipment to handle all tows regardless of class or weight of the vehicle.
IMPOUNDED VEHICLE
Any suspected stolen, unregistered, uninsured, unsafe vehicle or any vehicle suspected of being involved in a criminal investigation on which a hold has been placed by the Police Department.
LIMITED-CAPACITY TOWER
A tower with the capability and equipment to tow only medium- and light-duty tows as further described throughout this chapter.
PERSON
Any person, firm, partnership, association, corporation, company, or organization of any kind.
REGISTRANT
An individual, organization, or other entity registered in the State of New Jersey to operate a motor vehicle.
[Added 12-29-2021 by Ord. No. 21-058]
STANDARD SITE CLEANUP
The amount of debris removal that should reasonably be anticipated at the scene of a motor vehicle accident or incident. The standard site cleanup is usually confined to the point of impact, the final resting points of all vehicles, and the associated debris field. The fee for this service shall be included in the removal/recovery fee that is established by the terms of this contract.
TARPING
The covering of a motor vehicle to prevent weather damage.
TOW TRUCK
A motor vehicle equipped with a boom or booms, winches, slings, tilt-beds, or similar equipment designed for the towing or recovery of motor vehicles. Any truck used in service for Paterson towing must have adequately operating hydraulic equipment which meets current industry standards.
TOWER
A person engaged in the business or offering the services of a vehicle tower or towing service, whereby disabled motor vehicles are towed or otherwise removed from the places where they are disabled, impounded, or abandoned by use of a tower or truck so designed for that purpose.
TOWING
The moving or removing from public or private property or a storage facility by a motor vehicle or a consumer's motor vehicle that is damaged as a result of an accident or otherwise disabled, recovered after being stolen, or is parked illegally or otherwise without authorization, parked during a time at which such parking is not permitted or otherwise parked without authorization or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. Dues or other charges of clubs or associations, which provide towing services to club or association members, shall not be considered a service charge for purposes of this definition.
TRANSMISSION DISCONNECT
Manipulating a motor vehicle's transmission so that the motor vehicle may be towed.
VEHICLE
Any motor vehicle of any type or size, including but not limited to passenger vehicles, trucks, trailers, and other heavy vehicles and equipment.
WAITING TIME
Any time a towing company spends at the site from which a motor vehicle will be towed, during which the towing company is prevented from performing any work by another individual, beyond the time included as part of a basic tow.
WINCHING SERVICE
Any operation in which a vehicle is moved onto a roadway, from a position off the roadway, or any other operation in which substantial work is required to prepare a vehicle for normal towing. Winching includes righting a motor vehicle that is on its side or upside down. Winching is not the standard pulling of a vehicle onto a tilt-bed carrier or lifting a vehicle with a conventional tow sling. Winching shall be based upon each half-hour spent performing winching.
WINDOW WRAP
Any material used to cover motor vehicle windows that have been damaged.
B. 
When not consistent with the context, words used in the present tense include the future; words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely a directory.
A. 
Standards for tower personnel.
(1) 
The tower shall have a sufficient number of employees available to comply with the minimum operational requirements of this chapter. The number of employees on duty, on-call, and available to respond 24 hours a day, seven days a week, shall not be less than three qualified individuals.
(2) 
No person shall be utilized for towing or perform any services under this contract unless the City has obtained a criminal background and motor vehicle records check and the individual has been granted approval by the Chief of Police. A driver shall be automatically disqualified where the individual has been convicted of a crime of the fourth degree or higher. Any driver convicted of a disorderly persons offense shall be authorized at the discretion of the Chief of Police taking into account the nature of the crime, the date of the event, and efforts taken by the individual to make societal amends.
(3) 
The tower shall submit with the application to the City the names and addresses, drivers' abstracts, and criminal history authorization forms of all proposed drivers and employees who will be rendering service under this contract on behalf of the tower. This information will be kept current to the City by the tower.
(4) 
Background checks will be performed internally by the Paterson Police Department as well as through the New Jersey State Police through a fingerprint system. Applicants will be required to submit fingerprint background checks through the MorphoTrak System. All costs associated with the fingerprint background check will be borne by the applicant.
(5) 
All tower/operators shall be over the age of 18 years and must have a valid, current New Jersey driver's license with no restrictions or conditional endorsements, except the condition of requiring glasses. All commercial driver's license requirements must be met to operate commercial driver's license equipment. The applicant will provide a certified motor vehicle abstract for each driver listed on its application. The abstract must have been prepared by the New Jersey Division of Motor Vehicles within 120 days of submission to the Police Department. All costs associated with obtaining motor vehicle abstracts will be borne by the applicant.
(6) 
Upon completion of an annual criminal and motor vehicle background check, each passing employee shall be included on a list of approved operators maintained by the Police Department. No operator shall respond to a police tow dispatch unless said operator's name appears on the approved operator's list. Any towing company that permits an operator not on the approved list to respond to a police tow dispatch will be subject to the provisions of § 453-7 of this chapter.
(7) 
It shall be the responsibility of the tower to require that his or her employees or towing operators are competent, efficient, courteous, and knowledgeable in the legal and technical requirements of emergency towing and/or recovery of vehicles. A program of continuing in-service training for driver operators is mandatory, such as a national certification (TRAA Level I, II, or III). Towers shall be active members in good standing of the Garden State Towing Association and/or the Wrecker Towing Association and provide proof of same at the time of submission of the application.
(8) 
It shall be the responsibility of the tower to ensure that all towing truck operators who respond to incident scenes receive training in the recognition of and the response to hazardous materials before towing in the City of Paterson. Such training must include, but not be limited to, the "First Responder Operations Level," as defined by the New Jersey Department of Health. Valid certificates of training must be supplied with the application. Employees shall be outfitted in a standard uniform and be equipped with DOT and ANSI-approved Level III traffic safety vests to be worn at all times while actively engaged in vehicle removal.
(9) 
The tower shall be solely responsible for all requested tows and shall not subcontract or sublease tows or personnel. The Chief of Police shall have the authority to permit such actions based upon a set of conditions that create an emergent circumstance.
B. 
Standards for equipment.
(1) 
The City shall establish two lists of towers: the primary list shall include both limited- and full-capacity towers. The secondary list shall be for full-capacity towers only. The tower shall have sufficient equipment to tow any size vehicle utilizing the highways, streets, and roads in the City of Paterson for the type of tow contract requested in the application. The minimum requirements for full-capacity towers are one heavy-duty large-capacity wrecker, minimum of twenty-five-ton capacity; one medium-duty wrecker, minimum of ten-ton capacity; and two light-duty flatbeds, minimum four-ton capacity. The limited-capacity towers shall meet these vehicle requirements minus the heavy-duty large-capacity wrecker. All vehicles must comply with all safety standards and equipment required as listed in N.J.S.A. 39:3-43 et seq., including emergency lights and equipment, reflectors/flares and permits. The tower's name shall be prominently displayed in such a manner to conform to the provisions of N.J.S.A. 39:4-46. The specifications are as follows:
(a) 
Heavy-duty:
[1] 
Minimum of twenty-five-ton capacity.
[2] 
Air brakes.
[3] 
Minimum 1,100 by 22.5 tires with dual-rear wheels.
[4] 
Air fittings for releasing air-pressure-lock brakes on dump trucks and tractor-trailers.
[5] 
Under reach capabilities.
[6] 
All required ICC safety equipment must be carried.
[7] 
Must meet or exceed all federal and New Jersey Division of Motor Vehicle requirements.
[8] 
Portable safety lighting to be installed on the rear of a towed vehicle.
[9] 
Off-side truck winching.
(b) 
Medium-duty:
[1] 
Minimum ten-ton capacity.
[2] 
Minimum 1,100 by 22.5 tires with dual-rear wheels.
[3] 
Chassis requirements should be ten-ton gross weight.
[4] 
Steering wheel lock for towing vehicles from the rear.
[5] 
Wheel lift under reach capacity.
[6] 
All ICC safety equipment must be carried.
[7] 
Must meet or exceed all federal and New Jersey Division of Motor Vehicle requirements.
(c) 
Light-duty:
[1] 
Minimum of four-ton capacity.
[2] 
Chassis requirements should be 10,000 pounds gross vehicle weight and dual-rear tires.
[3] 
At least two vehicles to be flatbeds.
[4] 
All ICC safety equipment must be carried.
[5] 
Must meet or exceed all federal and New Jersey Division of Motor Vehicles requirements.
(2) 
At the time of the submission of the application, the tower shall submit proof satisfactory to the City and Police Department of ownership of the required vehicles. Adequate proof shall be proof of ownership by the recorded title of the required number of vehicles necessary to meet the chapter requirements or executed lease/rental agreement for the equipment required extending six months beyond the length of the term. Failure to submit the aforementioned satisfactory proof shall result in the disqualification of the tower.
C. 
Standards for a storage yard. The vehicles must be towed to a location containing a minimum storage area sufficient for the storage of 20 vehicles. The applicant shall submit as part of the application process proof that he or she owns or can lease the aforementioned minimum storage area. If the tower has an option to lease the required storage area, he or she shall submit with his or her application a copy of the option agreement, containing the legal description together with a copy of the survey of the land. The lease shall extend to at least one year after the termination of the contract. The surveys as required herein shall have set forth thereon a certification by the surveyor to the City as to the square footage within the storage area as surveyed. The storage area shall meet the following requirements:
(1) 
The land used for the storage of vehicles shall meet the City's zoning requirements or have achieved zoning approvals for such use and must meet all applicable municipal codes.
(2) 
No towed vehicle may be parked upon the public street and shall be stored by the tower within the storage area as hereinafter defined.
(3) 
The storage area shall be manned by an employee authorized to release vehicles Monday through Friday from 9:00 a.m. to 5:00 p.m. and Saturdays from 9:00 a.m. to 12:00 p.m., holidays excluded.
(4) 
During unmanned hours, the storage area must be accessible by the police with 20 minutes' notice.
(5) 
The storage area shall accept all types of cars and trucks and be able to hold at least 20 standard vehicles.
(6) 
The entire land area shall be enclosed by a sturdy fence at least six feet in height and shall be secured with adequate lighting from dusk to dawn in accord with the City's zoning regulations.
(7) 
All the land proposed to be used by the tower for storage shall be level and clear of all debris and must be marked: 1) to prevent unauthorized access; 2) with the name and number of the towing company and hours of operation. Said signage shall conform to zoning standards.
(8) 
The tow office/reception area shall be an enclosed part or portion of a regular structure which offers protection from the elements and is climate controlled for the customers and employees alike. Temporary trailers or makeshift enclosures are not permitted unless said building possesses all required zoning and construction approvals and accessibility requirements.
(9) 
The tower shall be responsible for each vehicle and its content in the tower's possession until final disposition and removal as permitted by the City. All vehicles, regardless of condition, shall be stored singly and so arranged to permit inspection and subsequent removal. Adequate walkway inspection space between vehicles shall be provided at all times.
D. 
Legal requirements.
(1) 
Response times. The tower shall be available 24 hours a day, seven days a week for the use of the City at the direction of the authorized representatives of the Police Department as per the rotation requirements hereinafter set forth. The Police Department/Central Communications shall utilize a rotational towing list. Towers shall be called or dispatched on a rotational basis by the Police Department/Central Communications. If the tower is a limited-capacity tower, as defined herein, the City reserves the right to utilize a tower from the full-capacity list if conditions warrant. In the event that the tower is unavailable with regard to a particular incident, then the next tower on the primary rotation shall be called or dispatched to the scene. The rotation lists shall be as a result of the receipt and review of the approval of the aforementioned applications and the award of a contract with respect thereto. In the event that none of the towers set forth on the primary rotation list are available or can provide the appropriate services as requested by the City, or if an emergency exists, the City may request such services from any other available source. In such cases, the tower will tow the vehicle to a location identified by the Police Department and will be eligible for towing charges only. During adverse weather conditions, heavy traffic conditions, or emergency conditions, the towers on the rotation list shall give priority to requests from the City over any other request which may be received by the tower.
(2) 
When called, the tower must respond to the scene within 20 minutes of the call from police dispatch. Standby service periods. In addition to the service requirements of this chapter, the tower shall be required to furnish extra towing equipment and service during storm periods, periods of snow emergencies, traffic emergencies, disasters, any acts of God, and for any other reason when so designated by the City and/or Chief of Police, or their duly authorized representatives. During such periods which are herein referred to as standby service periods, the tower shall be required to furnish adequate equipment and service to be held ready to remove all types of vehicles. Standby service will begin when the Chief of Police calls the tower initially and will end when he or she terminates the standby status by calling the tower. The City reserves the right to designate temporary areas owned or leased by the City for the storage of vehicles in said area at the direction of the Chief of Police.
(3) 
Debris removal.
(a) 
It shall be the responsibility of the tower to provide for the cleanup and removal of debris from the scene of any incident that requires towing and/or recovery service, with the understanding that the debris to be removed must be a direct result of the incident that necessitated the services of the tower.
(b) 
The tower shall be responsible for the cleanup of all fluids contained on the paved roadway, which are discharged from a damaged vehicle, which does not meet the requirements of a hazardous materials incident. Such cleanup shall include gasoline, diesel fuel, oil, antifreeze, hydraulic brake fluid, transmission fluid, and other such fluids which can reasonably be anticipated to be discharged from a damaged vehicle. Fluid cleanup and removal shall be in accordance with the applicable state and federal regulations for cleanup and remediation. The tower shall carry the appropriate equipment for said cleanup. It shall be incumbent on all towers and personnel to be familiar with state and federal requirements regarding hazardous material cleanup.
(c) 
Cleanup shall be completed before the departure of any tow vehicle.
(4) 
Indemnity and insurance.
(a) 
The tower shall indemnify and hold harmless the City of Paterson from any claims against the City of Paterson arising out of the operation of any towing services, garage services, storage services, or repair services under this chapter.
(b) 
Insurance requirements.
[1] 
Workers' compensation and employers' liability insurance. A tower shall procure and shall maintain workers' compensation insurance in accordance with statutory requirements for all of his/her employees to be engaged in work on the project.
[2] 
General liability insurance. The tower shall procure and maintain, during the entire time it is performing services under Chapter 453 of the City Code, general liability insurance of not less than $1,000,000 bodily injury and property damage in any one occurrence.
[3] 
Automobile liability insurance. The tower shall procure the automobile liability insurance for claims arising from owned, hired, and nonowned vehicles with limits of not less than $1,000,000 any one person; $2,000,000 any one accident for bodily injury and/or property damage; which insurance shall be maintained during the life of this contract.
[4] 
Garage keeper liability insurance. The tower shall secure and maintain during the life of this contract garage keeper liability insurance in an amount not less than $100,000 per location and on-hook coverage, either as an endorsement on the insurance required by automobile liability insurance as set forth above or in the amount of $100,000.
[5] 
Public liability and property damage, contingent liability insurance. The tower shall also carry public liability and property damage, contingent liability insurance to indemnify the City of Paterson and the public against any loss due to injuries, accidents, or damages of any character whatsoever, where any such damage is the result of any act or omission of the tower, his or her agents or employees in or due to the execution of the work called for under the contract and this chapter. Such policies shall contain the provision that 30 days' notice of change or cancellation is given to the City by the insurance company. Public liability insurance limits shall be at least $500,000 per accident and be specifically endorsed to provide collision insurance for vehicles in tow. In addition, the tower shall have coverage for contractual liability and also name the City as an additional insured. All insurance required hereunder shall remain in full force and effect for the period of the contract. The insurance policy shall cover on an occurrence basis.
[6] 
Owner of record or lessee. The tower shall be the owner of the record of the property used for storage or be listed as the lessee of said property. The tower shall maintain $3,000,000 general liability insurance for the leased property where the vehicles are to be stored and said insurance shall be maintained for one year past the conclusion of the contract period.
[7] 
Certificate of insurance. Certificates of insurance showing that both the tower and the City of Paterson are named as additional insured, in conformance with the above, shall be furnished to and filed with the City Clerk, subject to the approval of the City Solicitor. The insurance required by this chapter shall be obtained from an insurance company authorized to do business in New Jersey.
A. 
Generally. The governing body of the City, at the beginning of the assigned period, shall appoint a maximum of six towers to be called by the Police Department on a per-incident rotational basis. In the event more than six compliant towers apply, priority will be given to full capacity towers over limited-capacity towers. A nonrefundable $500 application fee shall be paid to the City of Paterson by each applicant. In the event that the tower is unavailable, then the next tower on the primary rotation shall be called. In the event that the tower assigned cannot handle a heavy-duty tow, the next eligible heavy-duty tow operator on the secondary tow list shall be called for that particular incident.
B. 
Application process. Any person interested in being placed on the aforementioned rotation list, by way of a contract award, shall apply by providing a cover letter on company letterhead with the materials outlined in Subsection D of this section. A towing service that has met all the specifications and requirements of this chapter, and has applied to the City, shall be placed on the towing list; however, to minimize the inconvenience to the Police Department in investigating matters, the maximum number of towing services on the City towing list shall be six such services.
C. 
The initial application under the chapter shall be due June 1, 2020, with an expected contract period of July 1, 2020, to December 31, 2022. Thereafter, applications shall be due on or before October 1 of the last year of the contract for a three-year contract commencing the following January 1.
D. 
The application shall contain at a minimum the information specified herein:
(1) 
Proof that the applicant's business is located within the City as noted on the City's tax maps or within five miles of Paterson, as measured from any City border.
(2) 
The request must indicate which category (full- or limited-capacity) the tower is seeking.
(3) 
List of required equipment and proof of ownership.
(4) 
Experience of the applicant in regards to municipal towing, providing at least three references.
(5) 
Available personnel (employees) including a copy of each driver/operator's motor vehicle abstract and authorization to perform criminal background checks.
(6) 
Proper business and trade licenses and licenses of vehicles.
(7) 
Proper proof that the towing trucks have the capability of communicating with dispatch 24 hours a day, seven days a week, either by cellular telephones, beepers, two-way radios, or other comparable equipment.
(8) 
Insurance and proofs of coverage as required by this chapter.
(9) 
List of stockholders.
(10) 
Noncollusion affidavit.
(11) 
Affirmative action affidavit.
(12) 
Hold-harmless agreement.
(13) 
Certification that the applicant can provide towing services anywhere in the City in accordance with the response times within this chapter.
(14) 
Certification that the applicant will be available for service, owner pickups, and police inspection of vehicles on business premises 24 hours a day, seven days a week, and will abide by the fees set forth in this chapter.
(15) 
Certification that the applicant shall consent to the appointment of the City Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.
(16) 
New Jersey business registration certificate.
E. 
Review of application. The Chief of Police shall conduct a background check of the applicant and any employees to be utilized in the towing and storage operation. The background check is to determine if either the applicant or its employees have been convicted of a criminal offense within the last 10 years or have had their drivers' licenses suspended or revoked within the past year. Conviction of a criminal offense or suspension of a driver's license as noted shall be an incurable cause for the disqualification from being awarded the contract. The Chief of Police may inspect the employees, vehicles, equipment, and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with the applicable laws, regulations, and standards of performance required by this chapter. The City may, at an additional cost to the applicant, obtain a Better Business Service Bureau report and any other reports that the Chief of Police may deem necessary. After a thorough investigation, the Chief of Police shall recommend to the Municipal Council whether an applicant has met the requirements of this chapter and be awarded the appropriate contract to provide towing services to the City of Paterson in accordance with the terms and conditions of this chapter.
F. 
Municipal Council decision. The Chief of Police shall conduct the aforementioned review and investigation and render a report to the Municipal Council recommending either approval or denial of the application. The Municipal Council shall take action with regard to the application and award or not award a contract. The City shall issue a license to any qualifying and approved tower and said tower shall become part of the towing rotation up to a maximum of six towers giving preference to qualifying full-capacity towers.
G. 
Rejection of application. If an applicant is rejected based upon the background investigation, equipment, or storage requirements, said applicant shall have the opportunity to appeal the recommendation of the Police Chief to the Municipal Council according to the procedures established at § 453-6 of this chapter.
A. 
The term of each contract shall run from the time of the award until December 31. Thereafter, the term shall be three years commencing on January 1 of the first year and terminating on December 31 of the third year.
B. 
Each tower shall be required to file a new application, fee, and related materials on or before October 1 of the third year of the term for consideration for the next three-year term.
C. 
At the discretion of the Chief of Police and based upon complaints received by the City, the Chief of Police may require an annual background check of the tower's personnel. Said background check will be at the tower's expense.
A. 
By submission of the fee and application, the tower agrees that all personnel and equipment used under the terms of the contract shall be and remain property of the tower, and in no event shall the property or any employee of the tower be represented or considered belonging to or employed by the City of Paterson. The tower shall be operating under a contract and in no way or sense is an agent or employee of the City of Paterson.
B. 
Hold-harmless agreement; liability.
(1) 
The tower, by submission of the fee and application, agrees to assume the defense of and indemnify and hold harmless the City, its elected officials, boards, committees, officers, employees, and agents from all suits, actions, damages, or claims to which the City may be subjected, of any kind or nature whatsoever, resulting from, caused by, arising out of or as a consequence of the provisions of providing the services required by this chapter. Before providing the towing services, the tower shall execute the appropriate contract containing the required hold harmless clause.
(2) 
The owner of the garage or the parking or storage location shall also agree to indemnify and hold harmless the City and its officers, employees, and agents from any suits, actions, damages, or claims arising out of the performance of the duties specified in this chapter.
(3) 
The City of Paterson shall not be liable for any service whatsoever which may be rendered to motor vehicles, and the tower shall only seek payment from the driver and/or owner of such vehicles for compensation.
A. 
Complaints of any kind, relative to service, overcharging, theft of parts, damage to towed or stored vehicles, discourteous treatment, and the like, shall be referred to the Chief of Police for investigation. The City shall notify the tower in writing.
B. 
If the violation is not corrected within 48 hours of the receipt of said written notice, the Chief of Police shall suspend or revoke the contract and immediately remove the tower from the rotation.
C. 
Adequate grounds for a revocation of the contract shall include, but are not limited to, a violation of the terms of this chapter, fraudulent or inaccurate application information, unsatisfactory service, or the violation of the New Jersey Department of Insurance Rules and Regulations or any statute or regulation of this chapter.
D. 
The tower has the right to appeal to the Municipal Council within 10 days of the receipt of the written decision and shall receive a hearing within 30 days of the receipt of the notice.
E. 
Upon conclusion of the hearing, the Municipal Council shall determine whether to affirm, reverse or modify the Chief's decision. If the tower's license is revoked, the tower shall not be eligible to reapply for three additional years from the date of revocation at the next contract term.
(1) 
Proceedings for the suspension or revocation of a license shall be initiated by the service of a notice of charges filed against the licensee. Said notice shall be served by the Chief of Police or his designee, either personally or via certified mail, return receipt requested, and shall contain a date, time, and place for a hearing to be held by the governing body of the City of Paterson. Said hearing shall be scheduled no less than seven days nor more than 30 days after the notice of the proposed suspension or revocation shall be served upon the licensee. The licensee shall have the right to file an answer to the notice and to appear in person or be represented by counsel and give testimony at the place and time fixed for the hearing.
A. 
Removal. Vehicles shall be removed as follows:
(1) 
Abandoned vehicles.
(a) 
Abandoned vehicles as defined in Title 39 of the New Jersey Revised Statutes shall be removed under the direction and supervision of the Police Department on a twenty-four-hour-a-day basis. All calls with respect thereto shall be answered within a twenty-minute response time from the time of notification under normal conditions seven days a week, anywhere within the City limits, unless the Police Department determines it is not a threat to vehicle, traffic, or persons, and could be removed during business hours. Abandoned vehicles shall be towed without charge to the City to the aforementioned required storage area and stored thereon for no longer than 90 days without any charges or liens accruing against the City. Abandoned vehicles remaining after 90 days may be removed from the secured area, provided that a junk title has been applied for pursuant to the provisions of Title 39, said application to be by the tower.
(b) 
The tower may be penalized $150 per day for each abandoned vehicle not removed and towed within a reasonable amount of time after notification by the Police Department and may be grounds for termination of the contract.
(c) 
The requirement to tow abandoned motor vehicles shall only apply to public rights-of-way, easements, avenues, and places, including public parks and playgrounds, and all quasi-public areas. The owner of private property shall be responsible for the removal of any unattended or disabled vehicles in accordance with the provisions of N.J.S.A. 39:4-56.6 and shall employ a tower of his or her choice.
(d) 
The City retains the right to require that the abandoned vehicle shall be towed to municipal property and to retain any sums of money realized from the sale of such vehicles. The City shall pay the towers reasonable fees as set forth in this chapter for towing a vehicle sold in this manner from the proceeds of the sale. Abandoned vehicles, not claimed by the owner or lien-holder, may be sold at public auction pursuant to the provisions of N.J.S.A. 39:10A-1 through 39:10A-7. Before the sale at auction of an abandoned vehicle, the City will obtain the appropriate junk title or certificate of ownership for said abandoned vehicle from the Division of Motor Vehicles. Otherwise, it shall be the responsibility of the tower to provide for the disposition of abandoned vehicles and the issuance of junk motor vehicle titles in accordance with the provisions of Title 39. The City Police Department shall assist in providing any information needed for the proper disposition of such vehicles.
(e) 
Charges for removing abandoned vehicles at the direction of the Paterson Police Department shall be billed to the registered owner of the vehicle. In the event that the registered owner of the vehicle cannot be determined or located, the charges for removing the vehicle shall be applied to the price of the vehicle when auctioned. In accordance with the provisions of N.J.S.A. 40:48-2.49 et seq., storage fees that are to be applied by the City for abandoned vehicles to be auctioned shall not exceed $3 per day per vehicle for the first 30 days of storage, and $2 per day for the 31st day of storage and any additional day thereafter with a limit of $400 per vehicle, regardless of the duration of the storage. The City, pursuant to N.J.S.A. 40:48-2.49 through 40:48-2.50, shall not be charged over $400 for the storage of any towed vehicle.
(f) 
In those situations involving the confiscation of automobiles, fatal accidents, or any other situation where the City initiated legal action or evidentiary evaluation is necessary, requiring the storage of a vehicle for a prolonged time, the storage fees that are to be paid by the City shall not exceed $3 per day per vehicle for the first 30 days of storage, and $2 per day for the 31st day of storage and any additional day thereafter with a limit of $400 per vehicle, regardless of the duration of the storage. The City, under N.J.S.A. 40:48-2.49 through 40:48-2.50, shall not be charged over $400 for the storage of any towed vehicles.
B. 
Vehicles not abandoned.
(1) 
All vehicles involved in accidents, disablements, stolen vehicles, vehicles involved in suspected crimes, and the like shall be towed and stored under the direction and supervision of the Police Department 24 hours a day, seven days a week. All calls with respect thereto shall be answered within a twenty-minute response time from the time of notification under normal conditions seven days a week, anywhere within the City limits. Vehicles shall be available for release between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, and Saturday from 9:00 a.m. to 3:00 p.m., excluding legal holidays. Sundays and legal holiday hours are optional at the tower's discretion. As such, if the tower decides not to open on a Sunday or a legal holiday, no storage charge shall be assessed if the vehicle is picked up by noon on the following normal business day. Any vehicle towed and stored after 4:00 p.m. and claimed before 11:00 a.m. the next day shall only be charged for one day of storage. If state law as it exists or may be amended from time to time requires storage facilities' hours of operation at greater or different hours than those posted here, the tower shall comply with whichever provided greater hours to the public.
(2) 
The tower shall arrive at the scene of the accident within 20 minutes under normal conditions after police notification. Repeated late arrivals at the scene of accidents may result in the termination of the contract as otherwise provided in this chapter.
(3) 
In the event that the tower has been summoned by the City for purposes of towing a vehicle and the owner of the vehicle has also summoned his or her tower and said tower arrives on the scene before the removal of the vehicle by the City tower, then the owner is entitled to remove his or her vehicle at no cost or expense to the owner or the City. There shall be no charge to the City for the tower appearing at the scene under said conditions. The City will make every effort to minimize the inconvenience above to the tower. The tower will maintain its place on the rotational list.
C. 
Storage. The tower shall store the abandoned and nonabandoned vehicles in the storage area as required in this chapter. The vehicles shall be stored until claimed by the owner or until auctioned by the City in compliance with state law or as otherwise to be disposed of pursuant to state law. Vehicles to be removed shall be towed to the tower's storage area or City property at the discretion of the City Police.
D. 
City vehicles. During the tower's rotation period, the tower will tow any City-owned vehicle to any location within the City's borders without cost to the City. The tower may invoice for mileage cost if required to tow outside City borders. Tows beginning in Paterson City, going through an adjacent municipality, and returning to Paterson City do not qualify for mileage reimbursement.
Records, inspection; release of the vehicle. The tower shall maintain records of all vehicles towed, stored, and released by him or her pursuant to this chapter. Records shall be kept for seven years. The tower shall maintain a record of all property found anywhere in a towed vehicle, including trunk and glove compartment, if opened or key available, and the tower shall be responsible to safeguard and release the contents to the owner.
A. 
Only the Chief of Police shall have access to any part of the storage area at any time of the day or night for inspection purposes, including both indoor and outdoor areas. Authorized representatives of the Police Department or the City Clerk or their designees shall have access to any of the records required to be kept by the tower.
B. 
The tower shall not release vehicles towed under this contract without the claimant's first obtaining a release from the Police Department.
C. 
The service, equipment, and personnel are subject to periodic inspections and approval by the City. The City reserves the right to have a qualified person or agency make such inspections.
D. 
The tower shall submit monthly reports, on or before the 10th of the month, to the Paterson City Police Department of all vehicles towed the previous month, as well as vehicles that are unclaimed from previous months. The report shall identify each vehicle by make, model, year, license plate, VIN/serial number, and police incident/case number. In addition, the odometer reading is needed on all vehicles left on the lot over 30 days. The Motor Vehicle Commission requires this information when requesting a title for auction. The contractor further agrees to furnish the City with such records, reports, and information of services rendered as the City may reasonably request. Failure to provide the required reports by the 10th day of the month will result in the contractor being suspended from the tow list until the report is received according to the procedures in § 453-6.
A. 
Generally.
(1) 
At the time of tow, each tower licensed shall be responsible for providing a three-inch-by-five-inch preprinted card identifying the towing company's name, address, storage location, hours of operation for pickup, phone number, and rates for towing and storage according to the terms of this chapter. Said card shall be presented and explained to the owner or occupant of the vehicle on the scene or, in the alternative, when the owner or occupant is absent or not physically or mentally capable of receiving said card, provided to the officer requesting tow for inclusion in the police report.
(2) 
Towing and storing fees shall be in accordance with N.J.S.A. 40:48-2.50 as well as the provisions of this chapter. Except as otherwise provided herein, the charge and fee for towing and storage of vehicles within the City of Paterson shall be in accordance with the provisions of the rules and regulations of the New Jersey Department of Insurance. The City shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles. The fees and rates applicable to services performed pursuant to this chapter shall be posted in a conspicuous place visible to the public at the tower's storage area and shall be posted on each vehicle.
(3) 
The tower shall prepare a bill for charges about each vehicle and present the same to the claimant of a vehicle containing the following:
(a) 
The bill for a basic tow or other nonconsensual tows shall include the time at which a towed motor vehicle was delivered to a towing company's storage facility.
(b) 
The bill for a basic tow or other nonconsensual tows shall include a list of all services provided to a person for which the towing company is charging pursuant to schedules.
(c) 
The bill shall be itemized in detail as to the actual services rendered and shall contain a statement that the claimant may complain with respect thereto to the City. The City will not be responsible for charges due and owing from a claimant of a vehicle. The City shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles.
(4) 
Vehicles impounded as a result of police investigations involving stolen vehicles or fatal/serious/suspicious accidents will not result in storage charges; however, the City reserves the right to store such vehicles at a location of its choosing. Said location will include inside storage, lockdown measures, full access accountability, and twenty-four-seven access by the Police Department.
(5) 
In the event the City conducts an auction of unclaimed abandoned vehicles pursuant to Title 39, the tower's bill for towing and storage shall be an expense of possession and sale and shall be paid from the proceeds of such auction. Each vehicle auctioned shall be a separate item for purposes of this subsection. The title fee for which the City must pay the State of New Jersey for title certificates shall be paid by the purchaser at the auction even if the tower is the purchaser and shall be in addition to the bid price of each vehicle. In the event the City determines to utilize the provisions of Title 39 with regard to unclaimed vehicles, the tower shall receive no compensation for its services.
(6) 
The fee for towing a vehicle shall include the service rendered from the scene where the vehicle is located to the storage area and from the storage area to the curb line of the property on which is located the storage area. The charge for towing includes any incidental and related costs such as connecting and reconnecting a transmission, driveline, or axle. There shall be no additional charges for any other services, including but not limited to waiting time, cleanup costs, and additional labor when the towing services as defined herein are provided, except as otherwise provided herein. The tower may charge a fee for a vehicle lockout service, i.e., when a tower responds and opens a locked vehicle when the owner/operator has locked the keys in the vehicle or is otherwise unable to open the vehicle.
B. 
Charges and fees. The charges, fees, and rates for vehicles to be towed and stored shall be categorized in the following manner. There will be no mileage charge for vehicles towed.
(1) 
Refer to Schedule A for towing service charges flat fee.[1]
[1]
Editor's Note: See § 453-13, Fee Schedule.
(2) 
Refer to Schedule B for winching service charges per each 1/2 of winching.[2]
[2]
Editor's Note: See § 453-13, Fee Schedule.
(3) 
Refer to Schedule C for storage and general charges.[3]
[3]
Editor's Note: See § 453-13, Fee Schedule.
(4) 
Refer to Schedule D for miscellaneous charges.[4]
[4]
Editor's Note: See § 453-13, Fee Schedule.
C. 
Specialized equipment. In cases where the tower must hire laborers or rent or utilize specialized equipment not specified in this chapter, all reasonable charges therefor shall be paid by the owner of the vehicle, after the owner of the vehicle or his or her agent has given his or her prior written consent thereto. The consent requirement may be waived when the Chief of Police deems the vehicle to be a hazard to health or safety, whereupon said vehicle will be removed by the direction of the Chief of Police, with the owner, then being responsible for all personnel, equipment, and labor costs. The necessity for specialized equipment shall be determined by the Chief of Police.
D. 
Unloading of goods. In the event that it is necessary to unload a vehicle that has been used for transportation of goods before or after towing, an agreement shall be reached between the tower and the owner of the vehicle or the owner's agent or representative as to the charge for said service. No written agreement is necessary for an emergency, and the Chief of Police shall determine when an emergency exists.
Disputes and adjustments.
A. 
Any disputes over the interpretation of the contract, including the reasonableness of any fees assessed, shall be settled amicably, if possible, through negotiations between the tower, the Police Department, and the City.
B. 
In cases where the City has been at fault in wrongfully directing that a vehicle be towed, the tower may petition the Chief of Police for reimbursement of costs incurred in the towing and storage of said vehicle.
Violators are subject to a penalty of imprisonment for not more than 90 days, by a fine not exceeding $2,000, or by a period of community service for not more than 90 days, or any combination thereof.
[Added 12-29-2021 by Ord. No. 21-058]
In accordance with N.J.S.A. 39:3-40.3(b)(1), if the registrant fails to claim the motor vehicle and pay the reasonable costs of removal and storage by midnight of the 30th day following impoundment, along with a fine of $50 to cover the administrative costs of the municipality wherein the violation occurred, the municipality may sell the motor vehicle at public auction. The municipality shall give notice of the sale by certified mail to the registrant of the motor vehicle and to the holder of any security interest filed with the director, and by publication in a form to be prescribed by the director by one insertion, at least five days before the date of the sale, in one or more newspapers published in this state and circulating in the municipality in which the motor vehicle has been impounded.
[Added 12-29-2021 by Ord. No. 21-058]
A. 
Basic towing services.
(1) 
Light duty - up to 10,000 pounds: hookup, $150.
(2) 
Medium duty - up 10,001 pounds to 16,000 pounds: $250 per hour.
(3) 
Heavy duty - 16,001 pounds and above: $500 per hour.
(4) 
Decoupling fee (if the tow is not performed): 1/2 of basic rate.
B. 
Road service.
(1) 
Cars: $125 per hour plus parts.
(2) 
Trucks: $175 per hour plus parts.
C. 
On-hook mileage.
(1) 
Light duty: $6 per loaded mile.
(2) 
Medium duty: not applicable.
(3) 
Heavy duty: not applicable.
D. 
Recovery/winching (In addition to towing-per truck including driver).
(1) 
Light/medium duty 10,001 pounds to 16,000 pounds: $350 per hour charged in half-hour increments of $175 per half-hour.
(2) 
Heavy duty 16,001 pounds and above: $600 per hour.
E. 
Specialized recovery equipment.
(1) 
Rotator/crane recovery unit: $1,200 per hour.
(2) 
Tractor with landfill trailer or detach trailer: $450 per hour.
(3) 
Tractor/transport hauler only: $250 per hour.
(4) 
Refrigerated trailer w/tractor: $450 per hour.
(5) 
Box trailer w/tractor: $400 per hour.
(6) 
Air cushion unit: $1,000 per hour.
(7) 
Light tower: $250 per hour.
(8) 
Pallet jack: $200 flat rate.
(9) 
Roller: $200 flat rate.
(10) 
Any other specialized equipment: $250 per hour.
(11) 
Loader/backhoe/telescopic handler/bulldozer/bobcat: $300 per hour.
(12) 
Forklift: $300 per hour.
(13) 
Dump truck/dump trailer w/tractor: $350 per hour.
(14) 
Roll-off with container: $350 per hour plus disposal.
(15) 
Recovery supervisor vehicle: $150.
(16) 
Scene safety equipment, communication equipment, traffic management equipment, etc.: $200 per hour.
(17) 
Recovery support vehicle/trailer additional recovery equipment: $350 per hour.
F. 
Labor - all labor (minimum of one hour).
(1) 
Accident minor cleanup and disposal of debris: $75 per hour, one hour minimum plus absorbent materials used.
(2) 
Recovery supervisor and/or Level III recovery specialist: $225 per hour.
(3) 
Certified towing operator: $125 per hour per man.
(4) 
Manual laborers: $100 per hour per man.
G. 
Storage - per calendar day (inside rates two times outside rate).
(1) 
Cars/light trucks, ten-foot by twenty-foot space: $45 per day.
(2) 
Trucks (dual wheels)/single axle: $90 per day.
(3) 
Tractor/dump truck/tractor and trailer combo/trailers: $125 per unit per day.
(4) 
Buses: $150.
(5) 
Roll-off: $125 per day for each.
(6) 
Cargo/accident debris/load storage/vehicle components, ten-foot by twenty-foot space: $45 per space used per day.
(7) 
Rental of any tow-company-supplied trailer, post-incident: $500 per day.
H. 
Additional service/notes.
(1) 
Fuel haz-mat/cargo spills cleanup and disposal: time and material.
(2) 
Hazmat and trash recovery: surcharged 10%.
(3) 
Subcontractor markup: 10%.
(4) 
Administrative charge only after third visit to vehicle, cars only: $50.
(5) 
Administration charge, medium heavy truck: $200.
(6) 
After-hours release: $75.
(7) 
Notification documentation fee: $50.
(8) 
Tarping/wrapping vehicle: $90 per car, $250 per truck.
(9) 
Fuel surcharge: reserved for future need.