[HISTORY: Adopted by the City Council of the City of Paterson 4-28-2020 by Ord. No. 20-028. Amendments noted where applicable.]
A.
ABANDONED VEHICLE
BASIC TOW
CHIEF OF POLICE
CITY
DEBRIS
DECOUPLING
DISABLED VEHICLE
EXTENDED SITE CLEANUP
FULL-CAPACITY TOWER
IMPOUNDED VEHICLE
LIMITED-CAPACITY TOWER
PERSON
REGISTRANT
STANDARD SITE CLEANUP
TARPING
TOW TRUCK
TOWER
TOWING
TRANSMISSION DISCONNECT
VEHICLE
WAITING TIME
WINCHING SERVICE
WINDOW WRAP
For purposes of this chapter, the following terms, phrases, and words
shall have the meanings given herein:
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.
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.
The Chief of Police of Paterson City or his or her designee.
The City of Paterson, located in Passaic County, New Jersey.
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.
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.
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.
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.
A tower with the capability and equipment to handle all tows
regardless of class or weight of the 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.
A tower with the capability and equipment to tow only medium-
and light-duty tows as further described throughout this chapter.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
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]
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.
The covering of a motor vehicle to prevent weather damage.
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.
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.
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.
Manipulating a motor vehicle's transmission so that
the motor vehicle may be towed.
Any motor vehicle of any type or size, including but not
limited to passenger vehicles, trucks, trailers, and other heavy vehicles
and equipment.
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.
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.
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.
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]
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).
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.
