[HISTORY: Adopted by the Borough Council
of the Borough of Eatontown 11-8-2000 by Ord. No. 14-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 312.
The purpose of this chapter is to establish,
pursuant to N.J.S.A. 40A:11-5, Subsection (1)(u), a list of towing
contractors to provide towing services the the Borough of Eatontown
on a rotating basis and to establish, pursuant to N.J.S.A. 40:48-2.49,
regulations governing operators engaged in the removal of motor vehicles.
The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicates otherwise:
The removal and transportation of an automobile 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 an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any other object
within the right-of-way or berm.
A storage area or lot owned and/or operated by a Towing Contractor
or the Borough of Eatontown.
A person, firm or corporation engaged in the business of
providing wrecker services which are made available to the general
public upon such rates, charges, fees as are determined by this chapter
and applied for and are listed on the tow list of the Borough.
A list of towing and storage contractors maintained by the
Eatontown Police Department 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
services are required within the Borough.
Only those vehicles equipped with a broom or brooms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles. Tow vehicles shall include wreckers.
The process of moving a motor vehicle by 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 (i.e., tow sling, wheel lift, standard tow vehicle
winch, etc.).
[Added 11-9-2023 by Ord. No. 32-2023]
The Chief of Police or a member of the Eatontown
Police Department designated by him is authorized to enforce the provisions
set forth in this chapter.
[Amended 11-9-2023 by Ord. No. 32-2023]
The Chief of Police, Traffic Safety Supervisor
or a designee appointed by the Chief shall establish a list of towing
contractors designated to provide towing and storage services required
by the Eatontown Police Department. Any towing and storage operators
qualifying pursuant to this chapter shall be included on the list
and those on the list shall be called on a rotating basis to provide
the required towing and storage services. The Eatontown Police Department
shall have no less than three towing companies and no more than six
towing companies on the established list. Nothing contained herein
shall prevent the Chief of Police, Traffic Safety Supervisor or a
designee appointed by the Chief from requesting additional towing
services from others, if, in the judgment of such person, the size,
nature or scope of the accident or crime conditions or the performance
of the called towing service requires that assistance be rendered.
[Amended 11-9-2023 by Ord. No. 32-2023]
All towing and storage operators desiring to
be included on the tow list shall file an application with the Eatontown
Police Department on a form to be approved by the Chief of Police.
By filing such application, the applicant shall agree to the conditions
set forth on the application, including compliance with all provisions
of this chapter. The application process shall open annually on October
1 and will close on November 1. Under no circumstances will any application
be accepted after November 1.
The following are the minimum standards and
qualifications required to be considered for inclusion on the tow
list:
A.
Accidents. The towing and storage operator must be
prepared to promptly clear the roadway of any or all types of disabled
vehicles. Where the vehicles are too large for the operator to remove
from the scene, after clearing the roadway, the police will call for
assistance from others.
B.
Response time.
C.
Performance standards.
(1)
The towing and storage operator will meet the following
response performance standards:
(a)
Ninety percent of all calls referred will be
answered (towing vehicle on scene) within the response time outlined
above.
(b)
Not more than 10% of the calls will be answered
within an additional 10 minutes (day or night).
(c)
No response will be later than 25 minutes, whether
day or night, with the exception of large vehicle service requirements.
(2)
The performance standard will be reviewed periodically.
Where the towing and storage operator performance record is found
to be unsatisfactory, it will be removed from the tow list for at
least six months and until it shall provide satisfactory evidence
to the Chief of Police that it has undertaken effective steps and
implemented such procedures as are necessary to meet the foregoing
performance standards.
(3)
When an application of an operator to be placed on
the tow list or when an operator is removed from the tow list, he
may request a hearing before the governing body by filing a Notice
with the Borough Clerk. Said hearing shall be held no less than seven
days nor more than 30 days from the receipt of Notice. At that hearing,
the Chief of Police will present the reasons for his actions and the
operator, who must apply in person, with or without counsel, and give
his testimony regarding any facts he finds in dispute. The governing
body will then render its decision by way of resolution setting forth
the facts supporting its decision.
D.
Equipment specifications.
(1)
The towing and storage operator must have specialized
towing equipment in good repair, which meets the following specifications:
(a)
Tow vehicle. The towing service must have available
two professionally constructed tow vehicles, one of which being a
flatbed type tow vehicle capable of removing damaged vehicles or those,
which by design, cannot be removed by conventional wreckers without
sustaining additional damage. Operators approved under this chapter
may arrange to cover for each other when necessary. All towing vehicles
used in performance of the contract must meet the standards specified
by the State of New Jersey Motor Vehicle codes and this specification
in all respects. Each applicant is required to list all equipment/vehicles
to be used, including registered name, type and license number of
each.
[Amended 11-9-2023 by Ord. No. 32-2023]
(b)
Safety equipment. Each vehicle shall have a
beacon and warning lights, tow vehicle illumination and stop lights
and portable fire extinguisher.
(c)
Cleanup equipment. All tow vehicles must carry
road cleanup equipment and supplies such as brooms, speedy-dri or
sand, containers and shovel.
(2)
The towing service is responsible for the prompt and
safe removal of the disabled vehicle and for the prompt and complete
removal of all litter and debris resulting from the accident.
E.
Registered towing personnel. The towing and storage
operator must register all personnel who are authorized by the firm
to provide towing and storage services for the firm. 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)
Signed statement by each such person setting forth
their understanding that a background check will be performed by the
Eatontown Police Department, the results of which will be used by
the Police Department in determining the eligibility of the towing
and storage operator for inclusion on the tow list.
(5)
The list will be updated by the towing and storage
operator as necessary to ensure that it remains current.
F.
Company Main Office and disabled vehicle storage.
The towing service must have a physical location and/or office, and
must operate a fenced secure vehicle storage area, in an area zoned
for such use. The lot must be able to store at least 12 full-sized
vehicles. Said towing location and yard must be within a seven-mile
radius of the Borough of Eatontown. Upon request, authorized personnel
of the Eatontown Police Department shall have access to vehicles 24
hours per day within the storage area.
[Amended 11-9-2023 by Ord. No. 32-2023]
G.
Insurance and indemnification.
(1)
Insurance. The towing and storage operator shall maintain
the following minimum insurance coverage.
(a)
Automobile liability in an amount not less than
$1,000,000 combined single limits.
(b)
Worker's compensation as required by statute.
(c)
Garage keeper's liability in an amount not less
than $60,000 per location.
(d)
Garage liability in an amount not less than
$1,000,000 combined single limit.
(e)
Policies endorsed to provide collision coverage
for vehicles in tow.
(2)
Certificate of insurance. At time of application,
the towing and storage operator shall present a certificate of insurance
evidencing the above coverage by an insurance company licensed to
do business in the State of New Jersey. Included on such certificate
shall be a statement that the insurance company or agent will notify
the Chief of Police immediately of any change, cancellation or lapse
of such coverage. Such statement shall not include language making
such notification permissive, nor language absolving the company/agent
from liability for failure to notify.
(3)
Indemnification. By virtue of making application to
be included on the tow list, the applicant will be deemed to agree
to indemnify and hold the Borough of Eatontown and its officers and
employees harmless from any liability, expense or costs of suit, including
reasonable attorney's fees, arising out of or resulting from any action
of the applicant in performing towing and storage services in the
Borough of Eatontown. The garage liability and automobile liability
policies shall name the Borough of Eatontown as an additional insured.
[Amended 10-14-2009 by Ord. No. 17-2009; 11-9-2023 by Ord. No. 32-2023]
A.
No towing and storage operator shall charge fees in excess of those
set forth below:
(5)
Specialized recovery equipment - Must be an actual recovery event.
(a)
Rotator/crane recovery unit: $1,200 per hour.
(b)
Tractor with landall trailer or detach trailer: $500 per hour.
(c)
Tractor/transport hauler only: $350 per hour.
(d)
Air cushion unit: $1,000 per hour.
(e)
Pallet jack: $200 flat rate.
(f)
Rollers: $200 flat rate.
(g)
Forklift: $400 per hour.
(h)
Any other specialized equipment: $300 per hour.
(8)
Additional services.
(a)
Fuel/hazmat/cargo spills/clean up and disposal - time and materials.
[1]
Hazmat and trash recovery: 10% surcharge applied to total.
(b)
Certified letter fee: $25 flat rate.
(c)
Tarping/wrapping vehicle: $75 per car, $150 per truck.
(d)
If additional services are required other than as set forth in Subsection A(8)(a) through (e) above, before the towing storage operator quotes the vehicle owner/agent, such operator must request permission to do so, in writing, and submit same to the Eatontown Police Department Traffic Safety Bureau. Once the request is received, the towing storage operator shall answer the request to determine whether they may proceed with additional billing.
B.
After-hours release fee. The towing/storage operator may charge an
after-hours release fee if a vehicle owner asks to retrieve their
vehicle outside of normal business hours. If a towing/storage operator
has an employee stationed at the towing/storage facility 24 hours
a day, they are not permitted to charge an after-hours release fee.
(1)
After-hours release fee: $75 flat rate.
C.
No towing or storage operator will be permitted to charge and individual
for requesting access to their vehicle to retrieve personal items
while it is located in their storage yard.
E.
All towing/ storage companies shall keep proper records of towing
and billing either by paper filing, or electronically. These records
shall be made available to the Eatontown Police Department Traffic
Safety Bureau upon request and at no cost.
Nothing contained in this chapter shall prevent
a person responsible for an automobile disabled upon the public streets
or highways within the Borough of Eatontown 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 will be advised of the ability to select such towing service
or storage facility at the required time of removal, providing such
person is present, fully conscious and capable of taking prompt act.
If the responsible person is not capable of taking prompt action,
the police officer at the scene in charge will contact the towing
operator on call for that rotation and direct the vehicle be removed
to the Borough's vehicle storage facility, if any, or to the operator's
storage facility.
[Amended 11-9-2023 by Ord. No. 32-2023]
In the event that a person or entity shall fail
to perform satisfactorily or performs in violation of this chapter,
the Chief of Police or Traffic Safety Supervisor may immediately remove
such person or entity from the tow list. As soon as practical after
such removal, the Chief of Police shall cause written notice of such
removal to be given to the person or entity removed. The notice shall
set forth the reason(s) for such removal. The person or entity removed
shall have the right to submit, in writing, such rebuttal as deemed
appropriate and an explanation of the steps being implemented to correct
any deficiencies. After review of such response, the Chief of Police,
Traffic Safety Officer or a designee may continue the removal from
the list, return the person or entity to the list either immediately
or after the following violation schedule:
A.
The Police Department and the Borough Clerk shall maintain copies of this chapter as well as copies of all fee schedules of towing and storage operators submitted to the Borough pursuant to § 303-7 which chapter and fee schedule shall be available for inspection by the public during regular business hours of the municipality.
B.
The operator shall, at his own expense, prepare on
three-inch-by-five-inch cards, the following information which shall
be given, if possible, to the person responsible for the vehicle being
towed: the name, address and telephone number of the towing operator,
its hours of operation for the public, the rates for towing and storage
services and acceptable methods of payment which must be no less than
cash, certified check, money order and one major credit card.
