[Ord. No. 09-06]
a.
It is hereby
declared and found that it is of vital importance to the traveling
public that disabled vehicles, abandoned vehicles, vehicles damaged
in accidents, illegally parked vehicles or vehicles in cases of emergency
be removed from highway, street or other public or private road or
public or quasi-public parking area within the Borough of Lakehurst
as promptly as possible. That the towing of such vehicles is a matter
affecting the public interest and consequently should be subject to
supervision and administrative control for the purpose of safeguarding
the public against fraud and exorbitant rates and similar abuses.
b.
The purpose
of this chapter is to establish, pursuant to N.J.S.A. 40A:11-5(1)(u),
a rotating list of towing contractors to provide basic towing and
storage services for the Borough of Lakehurst and to establish, pursuant
to N.J.S.A. 40:48-2.49, regulations governing the rates and operators
engaged in nonpreference towing and storage services. Said services
shall be provided under the supervision of the Chief of Police of
the Borough of Lakehurst or his designee.
[Ord. No. 09-06]
As used in this chapter, the following terms shall have the
meanings indicated:
shall mean any vehicle which is parked along any highway
or other public property or on any private property without the consent
of the owner or other person in charge of the property for a period
of more than forty-eight (48) hours, or for any period of time without
current registration or license plates, as required by law, or is
positioned so as to constitute an obstruction to traffic.
shall mean a granulated or powder substance used to soak
up fluids commonly found in the operation of motor vehicles.
shall mean an additional fee incurred by the vehicle owner/operator
for release of his vehicle after business hours.
shall mean cleanup and removal of small quantities of fluids
that are associated with the operation of a motor vehicle which leak
onto the ground.
shall mean the removal and transportation of a vehicle at
the request or call of authorized personnel or members of the Police
Department as may be required when abandoned, disabled, damaged in
accidents, illegally parked, recovered after being stolen or in cases
of emergency from a highway, street or other public or private road
or a parking area or from a storage facility, and other services normally
incident thereto, but does not include the recovery or winching of
a vehicle from a position beyond the right-of-way or berm, or from
being impaled upon any other object within the right-of-way or berm.
shall mean the Borough of Lakehurst.
shall mean Ordinance No. 09-06 and any future amendments to the Chapter entitled Towing, designated as Chapter 8 of the Revised General Ordinances Borough of Lakehurst.
shall mean semipublic roadways, driveways and parking areas
in residential, common interest developments, common property of covenant-controlled
communities and homeowners' associations.
shall mean a motor vehicle which has been abandoned or rendered
inoperable by mechanical failure or accident.
shall mean a charge for extra manpower, equipment or additional
service that may be necessary to recover or tow a disabled vehicle.
An extraordinary service charge is not to be routinely incurred.
shall mean vehicle carrier equipped with a wheel lift and
roll back/tilt bed with dual rear wheels capable of removing and transporting
small trucks, full size vans or large passenger vehicles damage free.
shall mean a vest, shirt or jacket which shall be orange,
yellow, strong yellow-green or fluorescent versions of these colors.
For nighttime work, similar outside garments shall be retroreflective.
The retroreflective material shall be orange, yellow, white, silver,
strong yellow-green, or a fluorescent version of these colors, and
shall be of at least two hundred (200) square inches of fluorescent
material. The retroreflective clothing shall be visible through the
full range of body motions. During periods of inclement weather or
when visibility is otherwise reduced, the nighttime standard shall
be adhered to.
shall mean the act of storing and confining a motor vehicle
upon an order of the Police Department at a storage facility or other
facility as directed by the Police Department as a result of abandonment,
involvement in an accident, suspected criminal activity and any violation
of the New Jersey Motor Vehicle Statutes or municipal code in which
the Police may act upon.
shall mean a vehicle storage facility that is completely
indoors, having one (1) or more openings in the wall for storage and
removal of vehicles and that is secured by a locking device. The inside
storage space shall be safeguarded against access by unauthorized
personnel.
shall mean any facility or location owned or under the control
of the Borough, or their designated municipal towing contractor(s)
that the Police Department may direct an impounded vehicle to be removed
to.
shall mean an occurrence in which a vehicle comes in contact
with any other object for which the vehicle must be towed or removed
for placement in a storage facility. This includes all situations
which are accidental to one (1) person even if caused by the intentional
acts of another.
shall mean a person, firm, corporation or partnership engaged
in the business of providing basic tow services, road service and
storage service for motor vehicles, licensed under authority of this
chapter to provide towing service at the request of the Police Department.
shall mean all towing services, which are not basic towing
services, as defined herein.
shall mean the recovery of a vehicle from a wooded area without
paved road access or from the beach or an existing body of water.
shall mean a person, with the consent of the owner/lessee
of any vehicle, who operates, parks or abandons a vehicle on the roads
and highways, or any other area covered under this chapter, which
vehicle by reason of being disabled or being unlawfully upon said
road or property requires towing services.
shall mean care that is normally given to protect a motor
vehicle from further damage, including but not limited to usage of
tarps for environmental protection and security protection for storage
areas.
shall mean a vehicle storage facility that is not indoors
and is secured by a fence, wall or other manmade barrier that is at
least six (6) feet high and is installed with a passive alarm system
or a similar on-site security measure. The facility is to be lit at
night.
shall mean a person, firm, corporation, or other entity who
owns, leases and/or operates, parks or abandons a vehicle on the roads
and highways, or any other area covered by this chapter, which vehicle
by reason of being disabled, abandoned or being unlawfully upon said
road or property requires towing services.
shall mean property belonging to or under the control of
the vehicle owner/operator that might be contained in a vehicle. Personal
belongings do not include items attached to a vehicle.
shall mean the Lakehurst Borough Police Department.
shall mean sufficient space at an auto-related business where
the licensee shall conduct business associated with the towing and
storage of vehicles under the authority of the towing license issued
by the Borough of Lakehurst. Principal location must be staffed during
business hours and maintain a clean comfortable waiting area with
toilet facilities. Additionally, the towing and storage fees must
be clearly displayed at the principal location.
shall mean all roadways, driveways and parking areas not
common interest property or under the jurisdiction of a public body
as authorized by law.
shall mean a person, firm, corporation or partnership engaged
in the business of providing nonemergency, nonpreference towing and
storage services for motor vehicles, licensed under authority of this
chapter to provide towing services at the request of a common interest
property association.
shall mean every privately-owned place of public accommodation
or use including but not limited to all vacant lots or other unsupervised
areas within the Borough of Lakehurst not readily under the control
or supervision of the owner. It shall include all privately-owned
parks, parking lots or other vacant private property not owned or
under control of the owner/operator of the vehicle. It shall also
include every highway, road, trail, alley, fire lane or other way
dedicated to public use but which is unopened or unaccepted by the
Borough.
shall mean any vehicle that is recovered from a position
beyond the right-of-way or the berm or from being impaled upon any
other object within the right-of-way. It shall also include the uprighting
of any vehicle which is overturned or on its side.
shall mean repairs that can be provided to a disabled vehicle
without towing, included but not limited to, flat tire changing, jump
starting and fuel delivery.
shall mean a lawfully licensed area or lot where motor vehicles
are kept, deposited or stored on a temporary basis; such facility
shall be accessible, twenty-four (24) hours a day, seven (7) days
a week for the storage and/or return of motor vehicles to their owners.
shall mean the maximum allowable amount of storage charges
to be charged in a twenty-four (24) hour period.
shall mean the housing or holding of vehicles by a licensee
under authority of this chapter.
shall mean vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under reach equipment specifically
designed by its manufacturer for the removal or transportation of
automobiles.
shall mean any vehicle towed by a licensed tower under this
chapter that is left unclaimed for a period of fifteen (15) days.
shall mean every device in, upon, or by which a person or
property is or may be transported upon a highway except devices moved
by human power. For purposes of the fee schedule for this chapter
they shall further be classified as to weight:
|
Type
|
Gross Vehicle Weight Rating (GVWR)
|
|---|---|
|
Class 1 Vehicles
|
Up to 10,000 lbs
|
|
Class 2 Vehicles
|
10,001 lbs. to 26,000 lbs.
|
|
Class 3 Vehicles
|
26,000 lbs. or greater
|
shall mean additional time a tow operator spends at the scene
other than the time required for the actual tow and/or recovery.
shall mean a tow vehicle with dual rear wheels capable of
towing or wheel lifting vehicles.
[Ord. No. 09-06]
The Chief of Police or his designee and the Lakehurst Borough
Police Department are hereby designated to administer and enforce
all provisions of this chapter.
[Ord. No. 09-06; Ord. No. 2013-02]
No towing contractor shall operate within the Borough of Lakehurst
for towing and/or storage services unless the towing operator has
obtained a license issued by the Borough.
b.
The Governing
Body shall provide by Resolution for up to two licensed tow contractors
for the Borough, and there shall be no more than two licensed tow
contractors at any time.
c.
Applications
for a license for a calendar year pursuant to this section shall be
submitted no later than November 1st of the preceding calendar year
to the Chief of Police. Approved Towing Services shall be placed on
the Borough’s towing list on a first-come first-served basis.
Vacancies shall be filled in the same manner. Each towing service
must submit their schedule of basic towing and storage rates with
their registration application. The rates and fees for towing and
storage of motor vehicles shall not exceed the rates set by this chapter.
Licensees must have the favorable recommendations of the Chief of
Police prior to the new license being issued.
d.
If any information
provided by a towing service in its registration application changes,
the towing service is responsible for notifying the police department
of the change in the registration information within thirty (30) days
of such change. Failure to comply with this provision will be deemed
a violation of this chapter.
[Ord. No. 09-06]
a.
No towing
service, whether licensed or unlicensed, shall respond to the scene
of an accident or emergency for the purpose of towing a vehicle unless
specifically notified by the Police Department or at the request of
a vehicle owner/operator. All persons, wreckers and tow vehicle operators
are prohibited from soliciting business at the scenes of accidents
and emergencies within the Borough.
b.
Unless another
penalty is expressly provided for by New Jersey statute, every person
convicted of a violation of this section shall be liable to a penalty
of not more than five hundred ($500.00) dollars and/or imprisonment
for a term not to exceed ninety (90) days. Additionally, if the person
convicted is a licensed tow operator the license shall be revoked
upon conviction.
[Ord. No. 09-06; Ord. No. 2013-02]
An application for the issuance of a license (contract) under
the provisions of this chapter shall be made on forms furnished by
the Municipal Clerk and shall include the following information.
a.
License
Application. The license application shall include:
1.
The complete
legal business name, business address and principal location address.
2.
The complete
home address, home telephone number, date of birth and social security
number of the applicant, if a sole proprietorship, or the complete
home addresses, home telephone numbers, dates of birth and social
security numbers of principal officers and partners if the applicant
is a corporation or partnership.
3.
Photocopies
of all registrations of every tow vehicle to be operated by the applicant.
If the tow vehicle is leased the applicant is required to submit a
lease agreement.
4.
Names, addresses
and telephone numbers of any lien holders on the principal location.
5.
Name, address
and telephone number of the insurer and photocopies of each certificate
of insurance.
6.
Photocopies
of all towing vehicle operator's current driver's license, along with
social security numbers.
7.
Evidence
to demonstrate that the applicant applying for the license has at
least five (5) years experience in the field of towing and storage
of vehicles.
8.
Proof that
the applicant has a principal location and storage facility within
five (5) miles from the Lakehurst Police Department.
9.
Proof that
the applicant's principal location and storage facility meet all zoning
requirements.
10.
In addition
to meeting all other criteria of this chapter and in order to be eligible
for placement upon the rotating list of authorized municipal towing
contractors, the contractor shall supply a certificate of insurance
liability by a company licensed to do business in the State of New
Jersey, certifying that the contractor maintains workers' compensation
insurance and garage liability insurance of not less than one million
($1,000,000.00) dollars combined single limit and garage keepers'
liability of not less than one hundred thousand ($100,000.00) dollars
per vehicle, said garage keepers' legal liability insurance to further
provide for fire, theft and explosion. All public liability insurance,
including garage liability and garage keepers' legal liability coverage
shall name the Borough of Lakehurst, its officers, agents, and employees
as additional insured on the policy, shall hold them harmless, indemnify
them from any and all claims filed against the Borough arising out
of any act or failure to act on behalf of the contractor and shall
contain an endorsement providing for thirty (30) days’ notice
to the Borough in the event of any material changes of the policy
or cancellation thereof.
11.
The applicant
shall provide an affidavit that the information given in the application
is true and correct.
12.
Applications
will be processed according to the order in which the Municipal Clerk
receives them.
b.
Investigation
and Inspection.
1.
Upon receipt
of an application from the Municipal Clerk the Police Chief or his
designee shall initiate an investigation to be made of the applicant
and of its proposed business operation and shall perform inspections
of the vehicles to be licensed.
2.
A criminal
history and driver's license check will be performed on all persons
listed in the application. Each applicant will pay all fees required
by the State of New Jersey for criminal history record information.
3.
The Borough
recognizes that the municipal towing contractor must be trustworthy
in that it is safeguarding vehicles belonging to others. Therefore,
to protect the public interest, the Borough may disqualify any applicant
wherein an employee, owner, partner, etc., that has been convicted
of a crime, including disorderly persons offenses for theft, or any
violation that would indicate that the applicant may not be responsible
to perform in the best interest of others.
4.
The Borough
recognizes that tow truck operators must also be drivers who abide
by the State's motor vehicle laws. Accordingly, the Borough may disqualify
any tow truck operator having one (1) or more convictions, within
three (3) years of the date of application or renewal thereof, of
any moving violation of the motor vehicle laws of this State or any
other state having a compact with New Jersey, which the Police Chief
or his designee determines will negatively impact upon the ability
of the tow truck operator to safely and properly perform the services
listed in this chapter. If the applicant is already licensed, any
conviction, as cited in this section will result in the disqualification
of the tow truck operator from performing duties associated with this
chapter.
5.
The municipal
towing contractor shall notify the Police, in writing, within seven
(7) calendar days of any criminal charges enumerated in subsections
8-6b.3. and 8-6b.4. or any municipal ordinance violations that are
issued against the municipal towing contractor or its employees during
the term of the license. Failure to make the proper notification to
the Police may result in the revocation of the license.
6.
The Police
Chief or his designee shall have a reasonable period of time after
the receipt of the application from the Municipal Clerk to conduct
the investigation and inspections required by this chapter.
c.
Issuance
of License and Fees.
1.
The Police
Chief or his designee upon completion of all investigations and inspections
of an applicant may issue a license once it has been determined that
the application meets the requirements of each section of this chapter.
2.
Police Chief
or his designee may issue a temporary municipal towing license during
the investigation period of any application, or in the event an emergent
situation arises for the purpose of adding additional towers or replacing
a current license for reasons of revocation or closing of the business.
The temporary license may be issued immediately and shall be valid
for a period of sixty (60) days.
3.
Notwithstanding
any fees issued for a mercantile license, a yearly municipal towing
application fee of six hundred ($600.00) dollars shall be payable
to the Borough.
4.
All towing
licenses will be issued for a period of one (1) year beginning January
1 of each year and expire on December 31. Applications for license
renewals are to be completed and returned to the Municipal Clerk by
September 15 for the following calendar year.
5.
Licenses
are the property of the Borough and cannot be assigned, leased, shared,
transferred or sold to another person, corporation or proprietorship
under any circumstances.
6.
The municipal
towing contractor shall not represent that he is a servant, agent
or employee of the Borough with respect to said towing service, but
is an independent contractor and shall not hold himself out as an
official member of the government of the Borough or of its departments.
7.
When the
Police Chief or his designee has made a determination that a license
should not be issued, it shall notify the applicant in writing, by
certified mail return receipt requested, of such determination and
shall advise the applicant that the applicant may request a hearing
before the Governing Body as to such determination by filing a written
request with the Municipal Clerk within ten (10) days of the mailing
of such determination by the Police Chief or his designee.
8.
Upon written
notice of a hearing request the Police Chief or his designee shall
schedule a hearing before the Governing Body on at least ten (10)
days notice, but in no case more than thirty (30) days notice to the
applicant by certified return requested mail, providing the applicant
an opportunity to be heard concerning the action taken by the Police
Chief or his designee. Following such hearing before the Governing
Body the Police Chief or his designee may affirm, reverse or modify
such determination.
d.
Tow
Vehicle Requirements.
1.
A municipal
towing contractor must own or lease for use two (2) tow vehicles,
one (1) of which must be a medium duty flatbed.
2.
The following
equipment shall be carried on all tow vehicles:
3.
All tow
vehicles must have properly authorized amber emergency warning lights
mounted so as to warn approaching traffic of their presence.
4.
All tow
vehicles must comply with all applicable laws and safety requirements.
5.
The municipal
towing contractor must maintain a twenty-four (24) hour telephone
service for Police contact. All responding tow vehicles must have
two-way communication via radio or cell phone.
e.
Storage
Facility Requirements.
1.
All vehicles
stored under this chapter shall be stored and protected with ordinary
care to protect the vehicle from further damage. All vehicle storage
will be one (1) level.
2.
There shall
be no unescorted access to the storage area by the general public.
Storage areas shall be posted against unauthorized entry.
3.
The Police
shall have access to any part of the storage area, twenty-four (24)
hours a day, seven (7) days a week for purposes of inspection and
investigation. Under this provision, access means a contact person
must be available to provide entry.
4.
No vehicles
towed by the municipal towing contractor shall be stored outside of
the storage facility.
5.
The municipal
towing contractor shall mean regular hours for the normal release
of vehicles from storage; a minimum of eight (8) hours a day, Monday
through Friday, excluding New Jersey State holidays, and four (4)
hours on Saturday. These hours shall be conspicuously posted at the
municipal towing contractor's principal location and storage facility.
(a)
Outside
of the normal business hours a contact person must be available to
provide for the release of vehicles from the storage facility. A reasonable
callout fee, not to exceed fifty ($50.00) dollars shall be charged
for this service. Anyone requesting this service must have clearly
explained the additional cost associated with this service, and the
rate for this service posted as above.
f.
Police
Administration Fee. There shall be charged an administrative
fee of twenty-five ($25.00) dollars to be paid by the municipal towing
contractor for each instance of a Borough Police requested impoundment.
These fees, the purpose of which is to assist in defraying administrative
costs incurred by the Borough associated with the impound and release
process shall be paid in the form of a check for the previous month
no later than the tenth of the month. Checks shall be made payable
to the Borough of Lakehurst and sent to the attention of the Chief
of Police. Failure to pay the required fees to the Borough on more
than three (3) occasions shall result in the termination of that municipal
towing contractor pursuant to the provisions set forth in this chapter.
[Ord. No. 09-06; Ord. No. 2013-02]
a.
The municipal
towing contractor shall be responsible for basic towing services on
a twenty-four (24) hour, seven (7) days-a-week basis during the term
of the license.
b.
Municipal
towing contractors will be placed on call on a rotating basis as determined
by the Police Chief.
c.
The municipal
towing contractor shall be required to respond to all Borough requests
for towing service within twenty (20) minutes, unless unusual traffic
conditions exist. If the municipal towing contractor does not respond
to the scene within 20 minutes after notification, the next available
municipal towing contractor shall be summoned. Should a municipal
towing contractor fail to respond within the 20-minute period provided
for in this section on three (3) occasions within two (2) years of
the date of the first occasion, such action shall constitute grounds
for immediate suspension or revocation of the municipal towing license
upon recommendation by the Chief of Police to the Governing Body.
d.
Nothing in
this chapter shall prevent the owner/operator of a vehicle contacting
a tower or wrecker of his own choice to remove the vehicle from the
public streets of the Borough after it has become disabled or otherwise
inoperable, unless the Police officer at the scene determines that
public safety requires that the vehicle be immediately removed from
the scene, at which time the on-call municipal towing contractor will
be summoned.
e.
All owners/operators
of any disabled vehicle retain the right to direct the municipal towing
operator to remove the disabled vehicle to a garage or workshop of
their own choosing, providing that payment or arrangements for payment
has been made to the municipal towing contractor.
f.
Municipal
towing contractors licensed under this section shall accept a minimum
of two (2) major credit cards, twenty-four (24) hours a day.
g.
Municipal
towing contractors shall be responsible for the towing of vehicles
from the public streets, public alleys, public-rights-of-way, public
easements, avenues, thoroughfares, public and quasi-public places,
including parks and playgrounds, or any other Borough, county or State
owned facility as directed by the Police.
h.
The municipal
towing contractor shall remove vehicles for storage to a storage facility
as directed by the Police.
i.
Vehicles
towed to the municipal towing contractor's storage facility will incur
charges as set forth in this chapter.
j.
In the event
the Police direct the municipal towing contractor to move the vehicle
from the Borough storage facility to his storage facility, the owner
of the vehicle will incur the additional tow and storage fees commencing
the date the vehicle is moved. The municipal towing contractor that
provided the original service will be requested to provide the secondary
service.
k.
The owner
of any vehicle towed shall have the right to remove his belongings
from the vehicle during normal business hours.
l.
The owner
or agent of the owner shall have the right to photograph the stored
vehicle during normal business hours.
m.
If the stored
vehicle is being held as evidence, the removal of personal belongings
and/or photographs will be witnessed and documented by an Officer
of the Police Department.
n.
When the
municipal towing contractor has been contacted to remove a disabled
vehicle by the Police and then the owner/operator of that vehicle
appears prior to the arrival of the municipal towing contractor and
requests his own towing service the municipal towing contractor cannot
charge for the response.
o.
The municipal
towing contractor shall be responsible to clean up and remove all
broken glass and debris at the scene of accidents per N.J.S.A. 39:4-56.8b.
p.
The municipal
towing contractor will also be responsible for basic environmental
cleanup.
q.
In the event
that an emergency arises and the on-call municipal towing contractor
cannot provide adequate service when requested by the Police, another
municipal towing contractor will be contacted to respond.
r.
If no municipal
towing contractor can perform the required service, the Police may
contact any available towing contractor with the proper equipment
to perform the activity. The fees for vehicles that require this extraordinary
service will be reasonable and customary, based upon the prevailing
rate in the industry. Whenever applicable, it shall be the responsibility
of the towing contractor to first inform the owner/operator of the
estimated total cost prior to the performance of any towing service.
s.
Municipal
towing contractors may not charge any owner for any damage to his
tow equipment or storage facilities resulting from any towing operation.
t.
Prior to
towing any vehicle, the municipal towing contractor shall remove or
secure anything that may fall from the disabled vehicle while being
towed.
u.
The municipal
towing contractor will notify the Police on a bimonthly basis if they
are in custody of any unclaimed Police requested stored vehicles.
The Police will file for titles of abandoned or junk vehicles, towed
at Police request, left on the municipal towing contractor's premises.
The Police will be responsible for compliance with N.J.S.A. 39:10A-1
and will make every effort to dispose of unclaimed vehicles expeditiously.
[Ord. No. 09-06]
Motor vehicles which are stolen, abandoned, involved in a crime
or involved in fatal accident or accidents which, in the judgment
of the Police, may become fatal shall be considered Police impounds.
Such vehicles shall be covered by a tarp when requested by the Police.
Police impounds shall be towed to either the towing operator's storage
area or a location designated by the Police. Police impounds shall
not be released, entered or photographed without prior Police approval.
a.
No vehicle
shall be released from impound without written authorization from
the Lakehurst Borough Police Department.
[Ord. No. 09-06; Ord. No. 2013-02; Ord.
No. 2016-11; Ord. No. 2017-09]
The rates for the Borough of Lakehurst towing and storage fees,
listed in the following paragraphs, represent the maximum rates permitted
to be charged by any municipal towing contractor.
a.
It shall
be unlawful for any municipal towing contractor to charge a rate in
excess of the rates prescribed in this chapter therein for the services
regulated therein.
b.
Every operator
of a municipal towing contractor shall give the owner/operator an
itemized bill for the towing costs and a written receipt when paid.
A schedule of the towing regulations and fees shall be posted for
viewing by the public at the principal location of each Lakehurst
Borough municipal towing contractor, and in the Lakehurst Police Department.
c.
Towing charges
and fees shall be as follows:
2.
Non-basic
Towing Services. Fees are in addition to basic towing for the Class.
(a)
Off-road
recovery:
|
Anytime, day or night
|
$450.00 per hour billed in 30-minute increments once vehicle
is on scene
|
(b)
Recovery/winching
billed in 15-minute increments:
|
Class 1
|
$100.00 per hour
|
|
Class 2
|
$175.00 per hour
|
|
Class 3
|
$350.00 per hour billed in 30-minute increments
|
(c)
Additional
truck/personnel billed in 15-minute increments:
|
Per truck
|
$100.00 per hour once vehicle is on scene
|
(d)
Standby/wait
time after 20 minutes at the scene:
|
Per truck
|
$100.00 per hour billed in 15-minute increments
|
(e)
Other
charges:
|
Dolly use
|
$25.00
|
|
Airline disconnect
|
$25.00
|
|
Release linkage/cage brakes
|
$25.00 each
|
|
Drive shaft removal
|
$50.00
|
|
Install safety lights, as necessary on rear of towed vehicle
|
$25.00
|
|
Excessive debris cleanup over 20 minutes/absorbent use
|
$30.00
|
|
No keys
|
$30.00
|
d.
Storage Rates
and Fees. Part of any day will be charged as a full day.
1.
Class 1
Vehicles:
|
Same day release
|
Any part of day will be charged as a full day
|
|
Outside storage
|
$35.00 per day or part thereof
|
|
Inside storage
|
$40.00 per day; only by written request of Police or owner
|
2.
Class 2
Vehicles:
|
Same day release
|
Any part of day will be charged as a full day
|
|
Outside storage
|
$40.00 per day or part thereof
|
|
Inside storage
|
$50.00 per day; only by written request of Police or owner
|
3.
Class 3
Vehicles:
|
Same day release
|
Any part of day will be charged as a full day
|
|
Under 30,000 SVWR
|
$45.00 per day or part thereof
|
|
Over 30,001 SVWR
|
$65.00 per day or part thereof
|
e.
Administration
Fee. A one-time administration fee of fifty ($50.00) dollars
per occurrence may be charged. Tow contractors shall not charge an
administration fee for any vehicles towed to and stored in the municipal
impound yard.
f.
Any instance
where the impounded vehicle has not been released to the owner and/or
the impounded vehicle is to be junked, the municipal towing contractor
shall not be responsible to the Borough for the twenty-five ($25.00)
dollar administrative fee.
g.
Release
of Vehicles. Release of vehicles shall be conducted Monday
through Friday from 8:00 a.m. until 4:00 p.m., excluding holidays.
h.
Borough
Vehicles. Notwithstanding any section of this chapter, the
fees for towing Borough vehicles or changing tires on Borough vehicles
shall be fifty ($50.00) dollars for vehicles under seven thousand
(7,000) pounds per incident.
[Ord. No. 09-06]
All records, payment invoices and other documentation resulting
from the municipal towing contractor's compliance with this chapter
must be kept by the municipal towing contractor for a period of two
(2) years.
a.
The municipal
towing contractor shall prepare and issue to the owner/operator a
written invoice for services rendered under this chapter. The invoice
will reflect the date, time, location of service, the employee(s)
that performed the service and that the service was performed at the
direction of the Police Department. A copy of the invoice shall be
retained by the municipal towing contractor and filed in a manner
that coincides with his normal business practice and will allow immediate
access to such records when requested by the Police Department.
b.
The municipal
towing contractor has discretion to establish the method of payment
and forfeits all mechanic lien rights once he physically releases
a vehicle from his custody. The Borough will not be held liable for
or assist the municipal towing contractor to collect any unpaid fees
that were incurred under the provisions of this chapter.
c.
The municipal
towing contractor shall incur the cost of and shall post the rate
schedule listed in this chapter in a conspicuous location at his principal
location where payment of fees are transacted.
d.
The municipal
towing contractor shall incur the cost of preparing a payment rate
circular for fees listed under this chapter and shall distribute same
to all customers, at no cost.
e.
The municipal
towing contractor shall not release any vehicle impounded under this
chapter without written release from the Police Department. The release
form must be attached and filed with the invoice.
[Ord. No. 09-06]
a.
At all times
the municipal towing contractor and his employees will present a neat
appearance and act in a professional and courteous manner when interacting
with the public and Police.
b.
All towing
vehicles shall be operated in accordance with all existing traffic
regulations and statutes and in a safe and prudent manner. Tow vehicle
operators must wear high visibility clothing at any scene and must
request assistance from the Police whenever their activities will
obstruct or impede traffic flow.
c.
The investigating
Officer and/or supervisor at the scene shall maintain complete charge
of the incident scene, excluding actual towing operations, and all
tow operators shall comply with the Officers' instructions.
[Ord. No. 09-06]
Any complaint or dispute by an owner/operator of a vehicle that
is towed or stored without the owner's consent pursuant to the provisions
of this chapter shall be submitted to the Chief of Police or his designee,
who shall promptly investigate and resolve any disputes.
[Ord. No. 09-06]
a.
The Chief
of Police or his designee shall investigate and keep a record of all
complaints that are received regarding the provisions of this chapter.
b.
The Chief
of Police has the authority to suspend any license at any time for
criminal activity, including disorderly persons offenses, violations
of applicable motor vehicle laws or violations of this chapter.
c.
The Chief
of Police or his designee shall oversee all tow vehicles used by municipal
towing contractors to ensure they are kept in a safe condition and
possess the equipment prescribed by this chapter. The Chief of Police
or his designee may inspect any or all tow vehicles at any time. If
the Chief of Police or his designee finds the equipment inadequate
or unsafe, the Chief of Police or his designee may demand immediate
correction and/or suspend the municipal towing contractors license.
d.
The Chief
of Police is authorized and empowered to establish additional rules
and regulations as may be necessary and reasonable to govern the issuance
and operation of towing services and storage facilities. Such rules
and regulations shall be issued in writing to all municipal towing
contractors.
e.
Any municipal
towing contractor who violates any section of this chapter, in addition
to any other penalties provided by law, shall be subject to suspension
of towing privileges for one (1) month for a first offense, three
(3) months for a second offense and permanent revocation for a third
offense.
f.
In addition
to the provisions of this subsection, the Chief of Police may immediately
revoke the municipal towing contractor's license for any offense grievous
in nature.
g.
After such
revocation, the licensee may request a public hearing before the Borough
Council or their designated hearing officer. The licensee must notify
the Municipal Clerk, in writing, of a request for a hearing within
twenty (20) days of the revocation notice issued by the Chief of Police.
h.
In all cases
and in addition to any other penalty, if a municipal towing contractor
overcharges a vehicle owner/operator, the contractor will return the
excess money paid.
[Ord. No. 09-06]
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(Reserved)
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