The purpose of this chapter is to establish, pursuant to the provisions of N.J.S.A. 40A:11-5(1)(u), a list of towing operators to provide towing services for the Borough of Englishtown on a rotating basis and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations governing operators engaged in the removal and storage of motor vehicles that are abandoned, disabled, illegally parked or stolen, involved in accidents and/or suspected or identified by the Borough as being involved in criminal activities.
[HISTORY: Adopted by the Mayor and Council of the Borough of Englishtown 12-21-2020 by Ord. No. 2020-07. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning:
Any motor vehicle or vessel partially dismantled or not readily capable of operation under its own power or not currently licensed or wrecked or junked. It shall also mean any vehicle whose owner has terminated the use and care of the vehicle and has either indicated by his words or actions and intent to leave it and no longer claim ownership of it or left it without making arrangements for the storage with the owner, occupant or person in control of the premises on which it is located.
Any group of products used to soak up spills or vehicle fluids. These would include oil dry, absorbent pads, socks, booms, etc.
A one-time charge tow operators may charge for services, including but not limited to physical inspection, telephone, email and/or fax calls, copying of documentation and additional office paperwork beyond the initial towing bill.
A one-time fee charged by the Borough for the return/release of all impounded vehicles.
Releasing vehicles after normal business hours.
Use of any number of inflatable lifting apparatus (commonly referred to as "air cushions" and/or "air bags"). Used to lift, under controlled recovery movements, any objects (e.g., automobiles, trucks, tractors, tractor and semitrailer combinations) either on and/or off the roadway, aircraft, underwater recovery and realignment of shifted loads inside semitrailers.
American National Standards Institute oversees standards and conformity assessment activities in the United States.
Any person who applies for a permit to engage in the activity of towing and storing motor vehicles at the direction of the Borough pursuant to the provisions of this chapter.
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
Any removal and transportation of a motor vehicle 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 recovery of a motor 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.
The Borough of Englishtown.
A storage area or lot owned and operated by the Borough of Englishtown.
A base of operation for the towing operator that is staffed during normal business hours every weekday and Saturdays, excluding holidays. The business location must be clearly marked with signs identifying the name of the towing operator and the hours of operation. The business location must also be the location of the storage facility of all vehicles towed by the towing operator on any nonconsent tow. The business location must meet the location requirements set forth in § 587-7, as applicable.
The period of time from January 1 through December 31 in any given year.
A tow vehicle outfitted with the following equipment:
Commercial manufactured chassis rated not less than 10,000 pounds GVWR or equally rated by a certified rating company.
One hydraulically powered winch with a pulling capacity of not less than four tons.
Fifty feet of 3/8 cable.
A hydraulically operated slide-back or tilt bed which is at least 19 feet in length.
One snatch block, four-ton capacity.
Tie-down chains.
Removal and/or disposal of any debris left on roadway or property as result of a motor vehicle crash or recovery.
Cost of fees spent in an attempt to secure payment for services rendered.
Covering exposed areas from the weather elements or unauthorized access.
When the owner, operator or agent of the owner requests a towing operator services for the purpose of removing a vehicle.
Items necessary for the proper function of a motor vehicle, including but not limited to gasoline, oil, antifreeze, transmission fluid and brake fluid.
A specially manufactured vehicle that has an extendable boom that rotates to recover vehicles that need to be recovered from unusual situations.
The operation of an unengaged wrecker along public streets in any fashion intended likely or calculated to solicit business.
A vehicle which has been abandoned, impounded or rendered inoperable as a result of mechanical failure, involvement in an accident or criminal activity. A vehicle, the location of which constitutes a hazard to the motoring public, shall be deemed disabled for the purpose of this chapter.
Used to carry away used absorbents, car parts, glass, etc.
Cost of photocopying, maintaining time line, written explanations used to explain the nature of crash/recovery to assist the insurance company/vehicle owner to understand the incident and substantiate charges.
Additional manpower needed to complete a recovery, winching or towing of a vehicle. Labor charged for additional manpower shall be based on the New Jersey State Police rates.
Applied to a towing bill when the cost of fuel is over the predetermined amount.
A heavy-duty tow vehicle outfitted with a commercially manufactured lifting apparatus with a minimum capacity of 25 tons.
A tow vehicle outfitted with the following equipment:
Commercially manufactured wrecker with chassis, hydraulic in nature, with a capacity of not less than 26,001 pounds gross vehicle weight rating with underreach capabilities, and axle lift with minimum 25,000 pounds lift capability and 80,000 pounds tow capability.
Air brakes.
Air transfer system means of controlling the air brakes of a towed vehicle.
Power takeoff controlled winch with a minimum cable thickness of 5/8 of an inch and 200 feet in length.
Amber emergency lights, with proper amber light permit.
Safety chains, minimum one-half inch.
The removal and transportation from a highway, street or other private or public road or a parking area or from a storage area any of the following vehicles: school buses, step vans, mason-type dump trucks, straight-body trucks, tractor trailers, large commercial buses, concrete mixers, tandem dump trucks, and any other vehicles with more than two axles that an ordinary tow vehicle is not designed to handle.
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Commercial motor vehicle designed exclusively to transport motor vehicles that have become disabled, wrecked, recovered stolen and police-impounded by means of bodily winching motor vehicles from roadway level up onto hydraulic bed for transporting purposes.
A vehicle which, at the direction of the Police Department, is taken into police custody because the operator was alleged by a police officer to be engaged in violation of the law, including, but not limited to, DWI offenses and any other alleged violation of Title 39, or the vehicle having been involved in a serious accident.
The act of storing and confining a vehicle upon an order of the Police Department at either the tow operator's storage area or at a Borough facility as a result of abandonment, involvement in an accident, suspected criminal activity or any other alleged violation of Title 39.
Any recurring or nonrecurring event that created a diminished capacity to roadway function or threatens environment.
A truck or trailer containing assorted supplies to mitigate the impact of incidents, i.e., spill control, traffic control, auxiliary lighting, cleanup materials and equipment.
When a motor vehicle is placed inside a secured facility at the request of the vehicle/owner/operator or at the request of law enforcement agency for preservation purposes, e.g., owner/operator request antique or classic motor vehicle and/or an expensive luxury motor vehicle and/or law enforcement request for preservation of further law enforcement investigation.
The additional work done at the scene by the tow truck operator that is beyond that required to perform a basic tow, or any additional manpower needed to complete a recovery, winching or towing a vehicle. Labor charge for additional manpower shall be based on a per-man, per-hourly rate with a one-hour minimum.
A tow vehicle outfitted with the following equipment:
Commercially manufactured chassis, rated capacity of not less than 10,000 pounds GVWR, or equally rated by a certified rating company.
Commercially manufactured lifting apparatus with a minimum capacity of four tons, or equally rated by a certified rating company.
Dual rear wheels.
Universal tow sling or wheel lift with Grade 70 safety chains.
One snatch block, three-ton rating.
Used to tow and recover small commercial type vehicles up to 26,000 pounds GVW or passenger vehicles unable to be recovered with light-duty tow truck or flatbed.
A per-mile fee charged when, at the request of the vehicle owner or authorized representative, a vehicle is towed from the scene of a call to a place other than the towing operator's storage facility, e.g., vehicle owner residence, mechanical repair facility, auto body repair facility or any other destination.
Includes all vehicles propelled otherwise than by muscular power except vehicles run only upon rails or tracks, or motorized bicycles.
An occurrence in which a motor vehicle comes in contact with any other object from which a motor vehicle must be towed or removed for placement in a storage facility.
When the Police Department or its agents/representatives contact a towing operator to remove and/or impound a vehicle at the request of the Police Department.
Use of specialized equipment or tow truck to retrieve a vehicle that has left the roadway.
A list of towing and storage contractors maintained by the Police Department of the Borough of Englishtown, containing the names and addresses of towing and storage contractors who will be called on a rotating basis when the Police Department determines that the assistance of such operators is required within the Borough.
A vehicle storage facility that is not indoors and is secured by a fence, walls or other man-made barrier that is at least six feet high and is installed with a passive alarm system or a similar on-site security measure. The facility is to be lighted at night. Such facility shall maintain adequate lighting to protect stored vehicles from vandalism.
A person, firm or corporation who owns and/or operates a vehicle on the roads of the highways within the Borough of Englishtown, which vehicle, by reason of being disabled or being unlawfully upon side roads, requires towing services.
License to engage in the activity of towing and storing motor vehicles at the direction of the Borough Police Department.
Any person who obtained a permit to engage in the activity of towing and storing motor vehicles at the direction of the Borough Police Department pursuant to the provisions of this chapter.
Any individual, firm, association, partnership or corporation or any group of two or more of them or anyone acting on behalf of said person.
The transportation of a vehicle at the request of the Police Department via a tow vehicle.
A set of wheels installed under either end of a vehicle in order to facilitate its movement. Use of this type of equipment would incur an additional labor charge.
A host the services provided to the customer's vehicle after the vehicle has been removed from the scene.
When the tow operator applies his knowledge in a skillful manner to preserve the condition of the motor vehicle while winching and/or lifting the damaged vehicle back to a normal towing or loading position.
A trained individual who utilizes his expertise to facilitate a safe and effective response to an incident through direct instruction to other employees dealing with the other responders or physically creating the conditions needed to terminate an incident.
Use of a tow truck or service vehicle to respond to the point of breakdown to render aid to a disabled vehicle, to include but not be limited to a vehicle in the need of consumables, need a flat tire fixed, keys locked in car, etc.
Use of a wide variety of primarily, but not limited to, construction-type equipment not normally considered towing equipment used to access or clean up a recovery scene of wreckage.
Commercial motor vehicle exclusively designed for special recovery procedures when needed and also to bodily lift and transport motor vehicles.
"Storage charges for a twenty-four-hour period" means the maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. Storage rates start 12 hours after the arrival of the towed vehicle to the storage facility.
A secure, fenced-in lot for the storage of towed vehicles located at the business location of the towing operator and which complies with all provisions of the zoning or other ordinances of the municipality in which it is located.
Use of other commercial business to provide services needed that tower does not possess. The tower invoices a handling charge on top of the subcontractor's invoice charge.
Covering or re-covering a vehicle to prevent against further weather damage or unauthorized access.
The twenty-four-hour period beginning at 8:00 a.m. on the towing business's scheduled towing date.
Rates for all towing and towing related services shall be as set forth in the New Jersey State Police Schedule of Services approved by the New Jersey Attorney General and implemented by the New Jersey State Police, as shall be amended. NJSP rates are annually recalculated based upon a random sampling of reasonable fees utilized by commercial and municipal towers. NJSP has determined that the average rate per category based upon the census is reasonable and acceptable. A current listing of rates shall be maintained by the Borough Clerk, the Chief of Police and all tow operators permitted to operate within the Borough of Englishtown.
Commercial motor vehicle designed exclusively to lift motor vehicles that have become disabled, wrecked, recovered stolen and police impounded by means of lifting from the front or rear by the following methods:
When a tow truck and/or hydraulic flatbed carrier takes in its possession the care, control and custody of a motor vehicle by means of standard industry procedures.
A person, firm or corporation engaged in the business of providing towing services which are made available to the general public, and which owns or operates any two or more tow vehicles as defined in this section. At a minimum, each business must have at least two tow vehicles in order to be maintained on the towing list. Such business must also have gasoline available for disabled vehicles.
The use of Landoll®/lowboy type recovery unit to transport anything that is too large to be flatbedded or would be damaged if towed in another manner.
Owner and/or insurance representative must be accompanied into the secured storage yard facility to inspect, remove personal belongings, adjust and take photographs. Documentation such as driver's license of the vehicle owner or business card of the insurance representative must be photocopied and time stamped when this additional auxiliary service is performed.
Charge for a motor vehicle towed into the storage facility of the primary tower that is not movable and must be towed out of the primary tower's storage facility to a designated unsecured staging area for towing by the secondary tower.
Additional time a tow operator spends at the scene other than the time required for the actual tow and/or recovery after 30 minutes of being on scene.
The process of recovering a vehicle or any other object as requested that is in water or under water.
An action deliberately taken by an owner or insurance company to leave a vehicle or vessel at a storage yard in order to attempt to avoid paying the towing, recovery, storage, etc., charges due against the vehicle. See N.J.S.A. 39:4-56.5 and 56.6.
The process of moving a motor vehicle by the use of additional chains, nylon slings and additional lengths of winch cable from a position that is not accessible for direct hookup by conventional means for towing and/or loading onto a tow vehicle. Winching is not pulling a vehicle onto a flatbed carrier or lifting a motor vehicle by conventional means (tow sling, wheel lift, etc.).
The process of removing wreckage from the roadway, e.g., the vehicle and its debris, that includes the removal of pieces of vehicles from a crash scene, with the end result being to return the roadway back to precrash conditions.
It shall be unlawful for any person to engage in the activity of towing or storing motor vehicles at the direction of the Borough without first having obtained a permit therefor in accordance with the requirements of this chapter. Nothing in this chapter shall be construed to require a permit for the rendering of road service or for the provision of towing and storage services within the Borough other than at the request of the Borough.
A.
Applications for permits required by this chapter shall be upon forms provided by the Borough Clerk, shall be signed and verified by the applicant, and shall set forth or be accompanied by the information set forth in § 587-5 of this chapter. The original application and four copies thereof must be filed with the Borough Clerk and shall be accompanied by the fee prescribed in § 587-6 of this chapter and the insurance certificate prescribed in § 587-10 of this chapter.
B.
A maximum of six towing operator's permits shall be issued.
C.
Only one towing operator shall apply for any one address.
D.
Initial applications for calendar year 2021 must be completed and submitted to the Borough Clerk by February 15, 2021.
E.
Thereafter, all new applications must be completed and submitted to the Borough Clerk by October 15 of the calendar year preceding the year the towing operator desires to be included on the towing list.
F.
Each towing permit shall run for a term of three years, commencing on January 1 and terminating on December 31 of the third year.
G.
By filing such application, the applicant agrees to the terms and conditions outlined in the application, including compliance with this chapter.
H.
At the time of the initial permit period, a maximum number of six permits shall be issued. If in the event there are more qualified towers than the six permits to be issued, a review of the applications will be conducted by the Chief of Police to determine the best qualified applicant to fill the remaining openings on the list for the permit period.
An application for a towing permit shall set forth or be accompanied by the following information:
A.
The full name, address and phone number of the applicant.
B.
The company name, address and phone number.
C.
If the applicant is a corporation, the names, addresses and phone numbers of the officers, directors, registered agents and each stockholder owning 10% or more of the issued stock.
D.
A twenty-four-hour/seven-days-a-week emergency contact number.
E.
For each tow vehicle utilized by the tow operator in conducting his business, the year, make, model, vehicle identification number, type of vehicle, proof of registration and proof of insurance for the vehicle.
F.
The size and security features of the storage lot or space in which towed vehicles will be stored, including the number of spaces available and a designation of the lot as either "inside secured storage facility" or "outside secured storage facility."
G.
A listing of all equipment used or to be used in the towing operation.
H.
A listing of all personnel who are authorized by the applicant to provide services on behalf of the applicant.
I.
The applicant will provide proof of proper zoning and land use approval for base of service.
J.
All towing operators and their drivers shall be fully trained and knowledgeable in the operation of all required equipment and necessary tools to perform all facets of the safe and efficient removal of all types of motor vehicles, regardless of the physical condition of the vehicle.
K.
All towing operators and their agents and/or employees are required to wear reflectorized ANSI Class 2 traffic safety vests when working at the scene.
The application fee shall be $250 for regular towing, $300 for heavy-duty towing and $350 for regular and heavy-duty towing.
A.
The Borough Clerk shall forward all completed applications to the Chief of Police, who shall conduct or cause to be conducted such investigation as he deems necessary to determine the truth and accuracy of the information contained in the application and whether the applicant meets the following minimum standards:
(1)
Neither the applicant nor any tow vehicle operator has any criminal convictions or prior motor vehicle infractions which might adversely affect the safety or welfare of the public.
(2)
The applicant has the ability to respond to any request for assistance within the time enumerated in § 587-13.
(3)
The applicant can provide on-call towing services 24 hours per day, seven days per week.
(4)
The tow trucks and equipment are in safe and sound condition and in compliance with all applicable federal, state and local laws, rules and regulations.
(5)
The applicant has the ability to perform mechanical inspections of and minor repairs to disabled vehicles.
(6)
The applicant's business location/storage facility is within the Borough boundaries or within 7.5 miles of the Borough of Englishtown corporate boundaries in an area legally zoned for such use, and such storage facility includes a minimum of 10 outside spaces.
(7)
The applicant is in compliance with and/or has the ability to comply with all other requirements and standards set forth in this chapter.
B.
Within 30 days of receipt of the application, the Chief of Police shall give a written recommendation to the Borough Council that the application be approved or denied. If the Chief of Police recommends disapproval of the application, he shall set forth reasons for same.
A.
The permit holder shall be solely responsible for renewing their permit prior to its termination in accordance with this chapter.
B.
All renewal applications must be completed and submitted to the Borough Clerk by October 15 of the third permit year.
C.
Initial applications and renewals filed after October 15 will not be accepted for the permit period.
D.
Should the total number of tow operators fall below six, the Borough, at its own discretion, may accept applications after October 15.
E.
In no case shall the number of tow operators exceed six.
F.
Upon expiration or revocation thereof, the permit shall be null and void.
A.
Prior to the issuance of the permit, each tow operator shall deliver to the Borough Clerk a certificate of insurance, which certificate shall name the Borough as an additional insured. The certificate shall provide evidence that the tow operator carries the following insurance coverage:
B.
The general comprehensive liability insurance required pursuant to § 587-10A(1) of this chapter shall provide for the indemnification of the Borough to the fullest extent permitted by law and that the Borough shall be defended, indemnified and held harmless from and against any and all claims, suits, judgments and amounts whatsoever, including, without limitation, cost, litigation expenses, counsel fees and liabilities with respect to injury to or death of any person or persons whatsoever or damage to property of any kind by whomever owned, arising out of or caused or claimed to have been caused in whole or in part by the negligent acts or omissions of the tow operator or other person directly or indirectly employed by the tow operator while in the performance of rendering any services pursuant to the scope of this chapter.
C.
Tow operators must notify the Chief of Police immediately of any change, cancellation or lapse of insurance coverage.
A.
The tow operator shall have specialized towing equipment in good repair which meets the following specifications:
(1)
Emergency lights which flash and are capable of being visible 1/4 of a mile away and of sufficient height to be seen over the towed vehicle.
(2)
Fire extinguisher, five-pound carbon dioxide or dry powder or equivalent.
(3)
Cleanup equipment, including brooms, shovels and debris containers.
(4)
Steering lock bar.
(5)
Amber light permit.
(6)
Twenty pounds of absorbent material for motor vehicle fluid spills.
(7)
Portable bar lighting (heavy-duty only).
(8)
Reflectorized traffic vest.
(9)
At least one conventional tow truck.
(10)
At least one car carrier capable of removing certain types of damaged vehicles or those which by design cannot be removed by conventional wreckers without sustaining additional damage.
(11)
Communication equipment between vehicles and their dispatchers via cell phone or other device.
(12)
All chains and binders which may be needed.
(13)
Any and all tools which may be needed. The tow operator shall submit a copy of its equipment list in its application to the tow list.
B.
All equipment must meet applicable state standards and shall be subject to periodic inspection by the Borough.
C.
Heavy-duty towing and heavy-duty recovery. The following shall apply to any tow operator providing heavy-duty towing and/or heavy-duty recovery services in the Borough:
(1)
Heavy-duty recovery equipment. Any tow operator providing heavy-duty recovery services must own, and have available, at least two heavy-duty tow vehicles. In addition to the equipment required in § 587-11A, any tow operator providing heavy-duty recovery services in the Borough is required to have available the following equipment.
D.
Subcontractors. At time of application to the tow list, the vendor shall submit a copy of the written contracts with all subcontracted recovery services. Vendors shall subcontract only to those service providers on the on-call list maintained by the Chief of Police in accordance with § 587-11F. Insurance certificates for all subcontractors must be on file at the vendor's place of business. All subcontracted service providers shall work under the supervision of the vendor and must comply with the provisions of § 587-1 et seq.
E.
Driver standards. All tow operators and their drivers shall be fully trained and knowledgeable in the operation of all required equipment and necessary tools to perform all facets of the safe and efficient removal of all types of motor vehicles, regardless of the physical condition of vehicle.
A.
The Chief of Police shall maintain a list of those tow operators holding a valid permit to respond to calls from the Borough Police Department. In order to be included on the on-call tow list, a tow operator must hold a valid towing permit and meet all of the requirements of this chapter.
B.
Calls to tow operators on the on-call tow list shall be made on a nondiscriminatory, rotating basis pursuant to procedures established by the Chief of Police. Nothing herein shall prohibit the Chief of Police or his designee from calling a tow operator out of sequence or seeking the services of a tow operator not on the on-call tow list if the circumstances require specialized equipment or if in the interest of public safety to require so.
C.
The fees to be charged for towing and storage services shall be as set forth in § 587-14 of this chapter. The Borough shall not be liable for the cost of any towing and/or storage services unless those services are performed on a municipal vehicle.
D.
Inclusion on the on-call tow list shall be automatically revoked upon expiration or revocation of the tow operator's permit. The Chief of Police may also suspend a tow operator's inclusion on the on-call tow list for such a period of time as he considers appropriate for violations of this chapter, after a hearing on such violations. Suspensions may be appealed pursuant to the procedures set forth in § 587-22.
E.
All nonconsent tows of vehicles made at the request of the Borough must be removed to the tow operator's approved business location/storage facility or, at the direction of any Borough police officer, to the Borough storage facility.
F.
All consent tows of vehicles may be towed to another destination at the request of the owner or operator of the vehicle. Any Borough police officer at the scene shall be responsible for making the final determination as to the towing destination.
A.
Maintenance of place of business. All tow operators shall maintain a principal place of operation within the Borough of Englishtown or within 7.5 miles of the Borough of Englishtown corporate boundaries. Tow operators shall comply fully with all of the zoning, land use and property maintenance codes of the municipality in which the tow operator's business is located.
(1)
Each place of business will provide and maintain the following:
(a)
One tow operator allowed per business location/storage facility.
(b)
A storefront, including signage displaying the business name, address, phone number and hours of operation.
(c)
A person in the office to greet customers, rendering service.
(d)
A waiting area for patrons' use.
(e)
A properly maintained and working restroom for patrons.
(2)
Failure to comply with such codes may subject the tow operator to suspension from the on-call tow list.
B.
Availability of services. The tow operator must be available and capable of providing towing services on a seven-day-per-week, twenty-four-hour-per-day basis for the entire geographic area of the Borough.
C.
Response time.
(1)
The tow operator must meet the following response times within the Borough of Englishtown:
(b)
Medium-/heavy-duty. Day and night, seven days a week. The tow operator must respond within 45 minutes.
(c)
Response time determination is to be initiated when the police call requesting towing is completed. Where the police cannot reach the next eligible tow operator on the list or the tow operator fails to appear within the response times delineated in this subsection, that tow operator shall be deemed to have forfeited his turn and the next succeeding tow operator on the list shall be called.
(2)
Ninety percent of all calls referred must be answered within the response time outlined above.
(3)
Not more than 10% of the calls will be answered within an additional 10 minutes (day or night).
(4)
No response will be later than 30 minutes, whether day or night, with the exception of medium-/heavy-duty response time delineated in § 587-13C(1)(b).
(6)
Tow operators shall not assign calls to other tow operators.
(7)
The performance standard will be reviewed periodically. Where the response time of the tow operator is found to exceed the standards delineated in this subsection, the tow operator will be removed from the on-call tow list for a period of at least six months. Said tow operator shall remain suspended from the list until it is shown, to the satisfaction of the Chief of Police, that effective steps necessary to implement procedures to ensure compliance with the foregoing performance standards have been undertaken.
D.
Registered towing personnel. The tow operator must register all personnel who are authorized by the tow operator to provide services on behalf of the tow operator. This registration must include for each person:
(1)
Name, residence and telephone number.
(2)
New Jersey driver's license number and expiration date.
(3)
Social security number.
(4)
Fingerprinting through Morpho Trak, Inc. Drivers hired during an approval period shall be required to be fingerprinted within 30 days of being hired by the tow operator.
(5)
Signed statement by each person setting forth their understanding that a background check will be performed by the Police Department, the results of which will be used by the Police Department in determining the eligibility of the towing and storage contractor for inclusion on the on-call tow list.
(6)
The tow operator must update this registration as necessary to ensure that it remains current.
E.
Cleanup of debris. Each towing operator, prior to the departure from the scene where it performed towing services, shall clean and clear the streets of any customary debris resulting from any accident at such scene and shall at all times carry the necessary equipment to perform such cleaning services to the satisfaction of the police officer on scene.
F.
Storage. Storage shall be provided for all vehicles towed until claimed by the owner or disposed of in accordance with applicable law. The tow operator shall provide adequate land areas sufficient to store a minimum of 10 vehicles. Each storage area must be either an indoor secured storage facility or an outdoor secured storage facility. The storage facility must be located at the business location of the towing operator.
(1)
Access to the storage facility area must be provided to the Englishtown Police Department on a twenty-four-hour basis.
H.
Prior to hookup or flatbedding of a motor vehicle, the tow operator shall present to the owner or operator of the vehicle a business card which must contain the name, address and telephone number of the tow operator.
I.
Cruising. No driver of a towing vehicle shall engage in cruising as defined in this chapter or otherwise interfere with the progress of traffic on public highways. No towing vehicle owner shall attempt to divert patrons of one garage to another garage. No towing vehicle owner shall demand or receive any commission, gratuity or other payment other than the agreed-upon fee for towing a disabled vehicle.
J.
Tow operators shall not release from their storage facility any vehicle that was impounded by the Englishtown Police Department without written authorization from the Police Department.
(1)
Any tow operator found in violation of this section shall have their tow operator's permit immediately suspended, pending revocation for the remainder of the tow operator's permit.
(2)
Any subsequent violation of this section after reapplying and reinstatement of the tow operator's permit shall result in immediate revocation of the tow operator's permit with an ineligibility to reapply for a tow operator's permit for a period of five years.
A.
Towing operators engaged in towing for the Borough of Englishtown Police Department shall not charge a fee in excess of the rates set forth in the New Jersey State Police Schedule of Services approved by the New Jersey Attorney General and implemented by the New Jersey State Police, as shall be amended. NJSP rates are annually recalculated based upon a random sampling of reasonable fees utilized by commercial and municipal towers. NJSP has determined that the average rate per category based upon the census is reasonable and acceptable. A current listing of rates shall be maintained by the Borough Clerk, the Chief of Police and all tow operators permitted to operate within the Borough of Englishtown.
B.
Mileage.
(1)
Mileage may only be charged if a vehicle is towed from the scene of a call to a place other than the tow operator's storage facility at the request of the owner or authorized representative.
(a)
Should the owner of the vehicle request that the vehicle be towed to a point outside the Borough, the per-mile mileage rate is to be predetermined by mutual agreement of the tow operator and the owner and/or operator of the vehicle.
(2)
Mileage shall not be charged if the vehicle is towed from the scene of a call to the Borough storage facility at the direction of the Police Department.
D.
Wait time: $100 per hour after 30 minutes on scene.
E.
Receipt. The tow operator shall give the owner of a vehicle a written, itemized receipt for the fee paid. Upon receipt of payment, the tow operator shall have the customer sign the receipt and provide a copy of the signed itemized receipt to the customer.
(1)
Copies of every bill must be supplied to police records either by mail, fax (732-786-0212) or email (records@englishtownpolice.org).
F.
Except for vehicles deemed "police impounds" in accordance with § 587-15 of this Code, no tow operator shall refuse to accept from any automobile owner or operator payment for services or parts thereof in the form of a major credit card (American Express, Visa, MasterCard) or a personal in-state check, provided that the operator has received no indication challenging the validity of either the credit card or the personal check. With respect to police impounds, a tow operator may refuse to accept from any automobile owner or operator payment for services or parts thereof in the form of a major credit card or a personal check and require the owner or operator to pay for services with cash.
G.
No person shall be liable to any permit holder for any service call fees in excess or in addition to those set forth in the fee schedule established in § 587-14A.
H.
Recovery charges involving serious motor vehicle accidents and recoveries will be based upon individual requirements for equipment, personnel and conditions encountered. After the first hour, all hourly billable rates will be charged in half-hour increments. Charges for all trucks/recovery equipment are inclusive of the operator. Tow operators may not separately charge for an operator that drives/operates the truck/recovery equipment.
I.
In the event that it is necessary to unload a vehicle's cargo prior to or after towing, an agreement shall be reached between the contractor 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 in an emergency situation. The Chief of Police or his designee shall determine when an emergency exists.
J.
Pursuant to N.J.S.A. 40:48-2.54, the owner of any motor vehicle whose motor vehicle is towed and/or stored other than at the owner's request may send complaints and/or report disputed fees, in writing, to the Chief of Police. The Chief of Police shall arrange for investigation of the owner's allegations and report the outcome of the investigation to the owner within 30 days of the Borough's receipt of the written complaints.
K.
Police impound administrative fee. A $50 administrative fee will be paid to the Borough of Englishtown for a release of any impounded vehicle.
Motor vehicles which are stolen, abandoned, involved in a crime, in violation of Title 39 offenses which require impoundment, or involved in a fatal accident or accidents which, in the judgment of police, may become fatal shall be considered police impounds. The Chief of Police shall designate where such police impounds shall be towed.
A.
No motor vehicle which has been impounded pursuant to the laws of this state shall be released by the Borough unless proof of valid insurance and proof of ownership for that vehicle is presented to the Englishtown Police Department.
(1)
An owner of an impounded vehicle may have their vehicle removed from the storage facility by wrecker only after the registration and license plates have been surrendered to the New Jersey Motor Vehicle Commission or, if not registered in this state, to the division of motor vehicles of the state of registration.
(2)
The recovery or salvage of the impounded motor vehicle by, or on behalf of, an insurer, financial institution or other lending entity shall not require proof of motor vehicle insurance for that vehicle.
B.
Prior to receiving an impound release form from the Police Department, an administrative fee in accordance with § 587-14K shall be charged and paid to the Borough of Englishtown by the owner of the impounded vehicle for a release of any motor vehicle.
(1)
The administrative fee will not apply to vehicles which were towed solely as the result of a motor vehicle collision or if the vehicle was towed as the result of criminal activity and the vehicle and/or owner/driver was the victim.
C.
Tow operators shall not release from their storage facility any vehicle that was impounded by the Englishtown Police Department without written authorization from the Police Department.
(1)
Any tow operator found in violation of this section shall have their tow operator's permit immediately suspended pending revocation for the remainder of the tow operator's permit.
(2)
Any subsequent violation of this section after reapplying and reinstatement of the tow operator's permit shall result in immediate revocation of the tow operator's permit with an ineligibility to reapply for a tow operator's permit for a period of five years.
D.
For any impounded vehicle removed to the Borough storage facility, the tow operator shall submit its bill for tow services to the Borough, which will process and make payment for the same. To secure release of the vehicle after the police impound has been lifted, the vehicle owner must pay to the Borough the daily storage fee provided in § 587-14; any administrative fees for vehicle release charged by the Borough, as provided in § 587-14K; plus the fee for tow services charged to the Borough by the tow operator.
Vehicles under this section shall be processed for titles by the Englishtown Police Department in accordance with N.J.S.A. 39:10A-1 through 39:10A-7.
A.
The tow operator shall submit to the Police Department the following information on vehicles unclaimed for a period of over 15 days:
(1)
The year, make, model, color and vehicle identification number.
(2)
A copy of a certified letter advising owner of the vehicle's location and circumstances surrounding same.
(a)
Upon request, the Police Department shall supply the tow operator with the name and address of the owner of the vehicle.
(3)
A photograph of the vehicle.
(4)
The odometer reading of the vehicle.
B.
Junk title certificate. A tow operator who has in his possession a vehicle which has been abandoned or unclaimed for a period of 15 business days or more, which is inoperable or cannot be put in safe operational condition except at a cost in excess of the value of the vehicle may apply to the State of New Jersey for a junk title certificate. In order to apply for a junk title certificate, the tow operator shall:
(1)
Provide notice to the Police Department of its possession of the vehicle in accordance with § 587-16A of the Englishtown Code.
(2)
Notify the owner and lienholder (if applicable) by certified mail that the tow operator is in possession of the abandoned or unclaimed vehicle, the amount of any lien on the vehicle that the tow operator claims and the daily storage fees.
(3)
Request that the Police Department complete a check with the National Crime Information Center (NCIC) to determine if the vehicle is stolen.
(4)
Request that the Police Department report possession of an abandoned or unclaimed vehicle to the National Insurance Crime Bureau.
(5)
Provide to the Police Department a completed copy of the New Jersey Motor Vehicle Commission Form OS/SS-87, "Report of Possession of Abandoned Vehicle by Public Agency and Request for a Junk Title," to be signed by an authorized representative of the Englishtown Borough Police Department and proof that the notice required by this section has been sent to the owner and lienholder (if applicable).
(6)
All required documents shall be mailed to the New Jersey Motor Vehicle Commission, along with a check or money order for $2 made payable to NJ MVC.
(7)
The Englishtown Borough Police Department will maintain a record of all junk title certificates and shall turn the original junk title certificate over to the requesting tow operator.
C.
Standard title certificate. A tow operator who has in his possession a vehicle which has been abandoned or unclaimed for a period of 20 business days or more, which can be put in safe operational condition at a cost not to exceed the value of the vehicle or the owner of the vehicle owes payment to the tow operator in excess of the value of the vehicle, may apply to the State of New Jersey for a standard title certificate so that the vehicle may be sold at auction or have ownership of the vehicle transferred to the tow operator to satisfy the tow operator's lien on the vehicle. In order to apply for a standard title certificate, the tow operator shall:
(1)
Provide notice to the Police Department of its possession of the vehicle in accordance with § 587-16A of the Englishtown Code.
(2)
Notify the owner and lienholder (if applicable) by certified mail that the tow operator is in possession of the abandoned or unclaimed vehicle, the amount of any lien on the vehicle that the tow operator claims and the daily storage fees.
(3)
Request that the Police Department complete a check with the National Crime Information Center (NCIC) to determine if the vehicle is stolen.
(4)
Request that the Police Department report possession of an abandoned or unclaimed vehicle to the National Insurance Crime Bureau.
(5)
Provide the Police Department with a completed copy of the New Jersey Motor Vehicle Commission Form OS/SS-89, "Report of Possession of Abandoned Vehicle," to be signed by an authorized representative of the Englishtown Borough Police Department.
(6)
All required documents shall be mailed to the New Jersey Motor Vehicle Commission.
(7)
The tow operator shall, upon request of the Englishtown Police Department, deliver the vehicle to the Borough of Englishtown Department of Public Works for storage, or such other location as directed by the Police Department, until vehicle is put up for auction.
(8)
After the Borough of Englishtown receives a standard title certificate from the Motor Vehicle Commission, the vehicle will be auctioned off by the Borough at the next public auction of Borough property.
(9)
After the vehicle is offered for auction, any lien owed to the tow operator will be satisfied between the Borough of Englishtown and the tow operator either by the proceeds from the auction or possession of the vehicle if no qualifying bid is received at the auction.
(10)
Failure by the tow operator to provide the appropriate notification within 30 days of receiving the owner or lienholder information may limit the storage fee to $750 as outlined in N.J.S.A. 39:10A-1.
Nothing contained in this chapter shall prevent a person responsible for an automobile disabled upon the public streets or highways within the Borough of Englishtown to arrange for the prompt removal of the vehicle from the scene of an accident or disablement by wrecking or towing services of his/her own selection. The person responsible would be advised of the ability to select such towing service at the required time of removal, providing such person is present, fully conscious and capable of taking prompt action. However, if the circumstances are such that the Chief of Police or his designee deems it not in the best interest of the public to allow said person to select his own towing service, then the person shall not be afforded the opportunity to do so.
The Chief of Police and the Police Department are hereby designated to administer and enforce all provisions of this chapter.
The Chief of Police shall promulgate such rules, regulations and procedures, not inconsistent with this chapter, as may be reasonable and necessary to carry out the provisions of this chapter. Copies thereof shall be provided to all permit holders and shall be made available to the public, along with copies of current fee schedules, during business hours.
A.
The Chief of Police may suspend or revoke a towing permit for the following reasons:
(1)
False or materially inaccurate information in the application, or a change of circumstances which would have caused disapproval of the application if existing at the time of approval.
(2)
Failure to comply with any of the requirements of this chapter, any additional regulations promulgated by the Chief of Police, or any state, federal or local law relating to motor vehicle operation.
(3)
Unsatisfactory service which jeopardizes public safety. More than three unexcused failures to respond and/or substantiated complaints within a calendar year shall be considered grounds for revocation.
(4)
Any holder of a towing permit who has had the permit suspended or revoked shall not be eligible to reapply for a towing permit for a period to be determined by the Chief of Police. Said period of ineligibility shall not exceed five years.
B.
Prior to suspending or revoking a permit, the Chief of Police shall give the permit holder a seven-day written notice specifying the grounds upon which the permit is proposed to be suspended or revoked and an opportunity to be heard.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any of the provisions of this chapter or who fails to comply with any requirements of this chapter shall, for each such violation or offense, upon conviction thereof, have the subject towing permit revoked, be removed from the towing list and be punished by a fine not to exceed $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each and every violation of this chapter or each and every day that any violation shall be permitted to continue shall be construed as a separate and distinct violation hereof. The Police Department of the Borough of Englishtown is specifically designated as the enforcement officers to serve and execute process for violation of this chapter.
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of an application for a permit, in the suspension or revocation of a permit or in the suspension from the on-call tow list may appeal to the Borough Council by filing a written request for a hearing with the Borough Clerk, setting forth the grounds for the appeal. Said request must be filed within 14 days after notice of the action complained of has been mailed to the person at the address listed on the most recent application. The Council shall set a time and place for a hearing on such appeal, and notice shall be served upon the applicant or permit holder via regular and certified mail at least five days prior to the hearing.