In accordance with the applicable provisions of Chapter 142 of the Public Laws of 1991 (N.J.S.A. 40:48-2.49), the removal of motor vehicles from private or public property by operators engaged in such practice and the fees to be charged for such removal as well as storage charges charged for storage following removal shall hereinafter be regulated in accordance with the provisions of this article.
A. 
For the purpose of this article, the following terms shall have the meanings indicated:
ABANDONED VEHICES
Any vehicle is considered to be abandoned anywhere within the Borough of South Plainfield limits, upon any Borough of South Plainfield, street or public right-of-way, public easement, public alley, avenue, thoroughfare or public or quasi-public places, and includes the definition of "abandoned vehicles" as set forth in N.J.S.A. Title 39.[1]
FLATBED SERVICE
The removal of disabled vehicles from the public right-of-way utilizing a flatbed truck with a hoist that removes the vehicle from the roadbed onto the surface of the flatbed for ultimate removal to a storage site.
STORAGE
The area in which disabled vehicles are towed or brought by tow trucks for ultimate retrieval by owners of other disposition.
TOWNG
The removal of automobiles and trucks under 12,500 pounds disabled as a result of accident or other disabling event with the use of a towing/wrecker winching service.
WINCHING SERVICE
Any operation in which a vehicle is moving onto a roadway from a position off the roadway or any other operation in which substantial work is required to prepare a vehicle for normal towing.
WRECKERS
Equipment used in towing and winching services.
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
B. 
All terms set forth in this article shall have the meanings as such terms are more fully defined in N.J.A.C. 11:38 et seq.[2]
[2]
Editor's Note: See N.J.S.A. 40A:4-1 et seq.
A. 
General jurisdiction and responsibility shall be the Chief of Police or his/her designee. The Chief of Police or his/her designee shall have jurisdiction and responsibility of:
(1) 
Inspection of tow operating under this section;
(2) 
Examination, investigation and recommendation of approval or rejection of applications for tow trucks requesting to operate under this section;
(3) 
Enforcement of provisions of this section.
B. 
General Jurisdiction and Responsibility of Borough Clerk. The Municipal Clerk shall have jurisdiction and responsibility of issuing applications, fingerprint forms and collection of fees. The Borough Clerk shall issue license approval after satisfactory compliance by the applicant with the requirements of this section, and the recommendation of approval by the Chief of Police.
A. 
No towing agency or person, while acting as an official towing agency for the Borough of South Plainfield, shall operate a tow truck upon or along any property in the Borough, until the owner thereof shall obtain a license therefor.
B. 
Nothing in this subsection or other subsections shall be construed to require the licensing of any tow truck to perform any services other than those governed by this section.
C. 
All towing agencies and tow truck licenses shall be issued by the Borough Clerk and shall be issued to be effective January 1 of the year next occurring after approval of the application and shall be in effect for three years unless sooner suspended or revoked by the Borough Clerk at the request of the Chief of Police.
D. 
The fee to be paid for such license shall be the sum of $600 for up to the first two light-duty tow trucks, or one heavy-duty tow truck, per agency, as applicable, and an additional $150 per light-duty tow truck, and/or $250 per heavy-duty tow truck, thereafter, as applicable. No portion of said fee shall be prorated for any portion of a year.
E. 
Licenses shall be for a three-year period commencing on January 1 and terminating December 31, three years thereafter. The three-year period will commence January 1 regardless of the date of submission of the application.
F. 
During the term of any license, a licensee shall file an update for any changes in vehicles and or employees. The amended application shall include a copy of the current license, and detail the reason for the amendment. Changes in vehicles shall require an application amendment fee of $45. Changes in employee-drivers shall require an application amendment fee of $25 per employee-driver added. The licensee shall not permit a new vehicle or new employee to operate any tows authorized under this license until the amendment has been filed and approved. Changes in towing agency ownership shall be ineligible for amendment applications.
A. 
There shall be established a list of towing operators who meet the qualifications of this article, and from such list the Borough of South Plainfield reserves the right to request the use of towing services from the next available towing contractor. The rotation towing operator list shall from time to time be supplemented, amended and updated, and copies of such list shall be available in the Police Department, Public Works Department, Fire Department and Borough Clerk's office. The maximum number of light-duty towing operators at any time shall be five, and the maximum number of heavy-duty towing operators at any time shall be four. Should more then five light-duty towing operators and more than four heavy-duty operators apply, the Police Chief reserves the right to appoint the wreckers who will tow for the Borough.
B. 
There shall be a three-year license fee payable by rotation wrecker first towing operators in the amount of $600. This fee shall be due and payable on or before December 31 of the year prior to the license renewal. Applications for license renewal shall be available from the Borough Clerk's office and shall be in the form annexed to this article.[1]
[1]
Editor's Note: The license renewal application forms are on file in the Borough Clerk's office.
A. 
No person, company or corporation shall be included on the rotation towing operator list unless:
(1) 
Said operator demonstrates that he, she or it has at least five years' experience as a sole towing operator or as an employee with a company that was engaged in the towing of vehicles and vehicle storage. A background check shall be conducted by the Borough's Police Department, and any conviction for a crime of the operator or of any of the officers or employees of the company shall disqualify the person, company or corporation from these services. Said company must give written consent to have their background checked.
(2) 
Said operator has at least one employee in addition to the principal qualified as a towing operator to provide round-the-clock availability of service. Said employees shall be over 21 years of age and possess a valid, current New Jersey driver's license with no restrictions or conditional endorsements.
(3) 
Said operator is able to respond to an emergency towing call within 30 minutes of the time the call is place by the South Plainfield Police Department.
B. 
Maintenance of equipment. The wreckers shall be maintained in good condition, in full compliance with the provisions of N.J.S.A. 39:1 et seq. to be available for use 24 hours a day and be suitably identified on each side with the name, address and telephone number of the vehicle owners/tow operator.
C. 
Facilities of towing operators for the storage of vehicles towed pursuant to this article shall include the following:
(1) 
A minimum storage area of 10,000 square feet which the towing operator either owns or leases, proof of which shall be submitted at the time of application to the Borough for the towing operator's inclusion on the rotation wrecker list. The storage area must be located in an area within the Borough of South Plainfield which is zoned for such use and must meet all applicable municipal codes and contain at least one permanent principal structure. The entire land area used for vehicle storage must be enclosed by fencing of at least six feet in height; fencing shall not be open chain link.
(2) 
A towed vehicle may not be parked upon public streets and must be stored by the towing operator within the storage areas as hereinabove described.
D. 
To be placed upon the rotation wrecker towing list, an applicant shall submit its application in duplicate to the Borough Clerk's office, together with an application fee of $600. The application shall comprise the following documents:
(1) 
An application form fully completed and signed by the applicant.
(2) 
A copy of a certificate of insurance with insurance coverages as set forth in § 434-13 of this article.
(3) 
A copy of a deed or lease to property located in the Borough which the applicant owns or is leasing and which is intended to be used by the applicant for storage facilities in accordance with the provisions of Subsection C of this section.
(4) 
Copies of the driver's licenses of the applicant's tow truck operators.
(5) 
Copies of registration and insurance cards for the applicant's tow vehicles.
(6) 
Names and addresses and social security numbers of all employees of the applicant, whether said employees are tow operators or not.
E. 
Application process. One application per physical address/storage square footage will be accepted. The application, with its supporting documents, shall be forwarded by the Borough Clerk to the Chief of the South Plainfield Police Department, who shall conduct within the Police Department the necessary background checks of the applicant and its employees. The Police Department shall include in its review of the application an inquiry with the Borough's Zoning Official to determine whether or not the applicant's storage facilities comply with Subsection C of this section. When all required information has been obtained by the Police Department, including inspection of the applicant's wreckers, the Chief shall recommend, by letter to the governing body, the inclusion of the applicant on the Borough's rotation wrecker list.
Services to be provided by towing operators included on the rotation wrecker list shall comprise the following:
A. 
Rotation wrecker list of tow companies shall be under the direction and supervision of the South Plainfield Police Department and rotate on a weekly basis. The rotation will start on Monday morning at 12:00 midnight and end on Sunday night 11:59 p.m. All towing operators shall arrive on scene within 30 minutes from the time of notification under normal conditions seven days a week.
B. 
In the event that a towing agency is called by the South Plainfield Police Department, and prior to the towing agency actually hooking a vehicle or providing any type of service at the scene to which it was called, the South Plainfield Police may cancel or change the towing agency due to findings and/or procedure in a police investigation. The called towing agency shall be compensated a $25 callout fee for their response or costs and expenses incurred as a result thereof, whichever is greater. Any ranking officer at the scene is authorized to cancel the tow.
C. 
Vehicles involved in accidents where the registration and insurance are up to date will be removed pursuant to this subsection and must be towed to the towing operator's local facilities or any other site designated by the South Plainfield Police Department. This will be on a twenty-four-hour-a-day, seven-day-a-week basis. Vehicles so towed and stored must be available for release between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, and 9:00 a.m. and 12:00 noon on Saturday. Response time for vehicles to be towed from the site of accident or disablement shall be 30 minutes from time of notification. As an adjunct service to towing of vehicles from accidents, tow operators shall be prepared, when directed by the Police Department, to conduct a cleanup of the road and surrounding area associated with crash.
D. 
Vehicles that have been involved in accidents or are found operating on the Borough roadways that are unregistered, abandoned, have suspended registrations, stolen vehicles, vehicles involved in criminal activities, John's Law[1] and any other Title 39 violations that would warrant a vehicle being towed, will be towed to 405 Spicer Avenue, South Plainfield, NJ 07080 (the South Plainfield Police Impound Yard).
[1]
Editor's Note: See N.J.S.A. 39:4-50.22.
E. 
Standby service. In addition to the services outlined in Subsections A and B of this section, towing operators shall also be required to furnish extra towing equipment and service during storm periods, periods of snow emergencies, traffic emergencies, disasters and for any other reason when so designated by the Chief of Police or his duly authorized representative. During times of any emergency, the Borough of South Plainfield, through the Office of Emergency Management, may designate temporary areas owned or leased by the Borough for storage of disabled vehicles. During said emergencies, towing operators so employed pursuant to this article shall be entitled to make regular charges to the owners of the vehicles so removed.
F. 
Disabled police vehicles.
(1) 
Flat tires. Due to the concern and liability of injury to a police officer and the absence of adequate equipment for changing flat tires; the towing operators on the rotation wrecker list will be responsible for responding and changing flat tires on police vehicles disabled on the roadway within the Borough of South Plainfield between the hours of 3:30 p.m. to 7:30 a.m., Monday through Friday and on a twenty-four-hour basis on weekends and N.J. State holidays at a cost of $25 to the Borough.
(2) 
In addition to the services outlined above in Subsection F(1), the towing operators on call will be responsible for responding to police headquarters parking lot during weekend hours to change any flat tires on marked police vehicles in the event that the need exists to have these vehicles put in service due to a shortage of marked police vehicles in relation to the manpower status. This service will be provided at a cost $25 to the Borough.
(3) 
Disabled police vehicles. Police vehicles which become disabled within the Borough of South Plainfield, other than being involved in an accident, will be removed by the towing operator of the rotation wrecker service at a cost of $50 to the Borough.
(4) 
Police vehicles which become disabled outside the confines of the Borough and within 30 miles of the Borough will be removed by the on-call towing operator of the rotation wrecker service at a cost of $100 to the Borough. For police vehicles that become disabled further than 30 miles, the cost to the borough will be $5 per mile using 405 Spicer Avenue, South Plainfield, NJ 07080 as the final destination.
(5) 
The towing of disabled police vehicles and changing of flat tires on same will be considered an adjunct service that tow operators shall be prepared to perform when directed by the Police Department to conduct. Failure to respond in these situations will result in a one-week suspension of being on the tow list rotation. The Watch Commander will move to the next towing operator in the rotation list if the on-call towing operator does not respond to the callout.
A. 
Each towing agency shall maintain, during the term of their license, the following minimum insurance coverage, naming the Borough of South Plainfield as an additional insured:
(1) 
Automobile liability Insurance, in an amount not less than $1,000,000 combined single limit, covering each vehicle utilized by the operator in his business.
(2) 
Workers' Compensation Insurance, as required by the State of New Jersey, including employer's liability coverage with a limit of at least $100,000.
(3) 
Comprehensive, General Liability Insurance, in an amount of not less than $1,000,000 for personal injuries, per occurrence, and $1,000,000 for property damage, per occurrence, including premises operations and products/completed operations.
(4) 
Garage Keepers and Garage Liability Insurance, in an amount not less than $100,000.
(5) 
All policies of insurance shall contain an endorsement providing for collision coverage for vehicles in tow.
B. 
All policies of insurance shall contain an endorsement requiring that at least 15 days' notice shall be given to the Borough in the event of any material change in or cancellation of the policy.
C. 
The operator shall indemnify and hold harmless the Borough of South Plainfield from any claims for injury or property damage arising out of, or in any way related to, the operation of any tow truck, towing service or storage yard, pursuant to this section. The towing agency shall further defend the Borough of South Plainfield at the operator's expense, in connection with any claim, suit or action, brought against the Borough of South Plainfield, and arising out of the operation of any tow truck, towing service or towing yard, pursuant to this section.
D. 
All policies of insurance shall be issued by insurance companies authorized to do business in the State of New Jersey and shall remain in full force and effect during the entire term of the license. The Borough of South Plainfield shall be named as additional insured on all policies of liability insurance.
E. 
No license shall be issued until an approved applicant files insurance certificates verifying all of the above requirements. The insurance certificates shall be filed with the Borough Clerk.
F. 
Any licensee who has a lapse in any insurance policy, for any reason whatsoever, shall have his/her license immediately suspended. Upon notice of lapse of coverage, the Chief of Police or designee shall immediately serve notice of suspension upon the licensee, with copy of said notice provided to the Borough Clerk. The suspension shall remain in effect until such time as the insurance is restored.
A. 
The towing operator shall maintain records of all vehicles towed, stored and released by it. Records shall be kept for a seven-year period.
B. 
The towing operator shall not release vehicles impounded under this article without the claimant first obtaining a release from the Police Department.
C. 
Only the Chief of Police or his duly authorized representative shall have access to any part of the storage area at any time of the day or night for inspection purposes, including both indoor and outdoor areas.
D. 
Authorized representatives of the Police Department or Borough Administrator shall have access to any of the records to be kept by the towing operator.
E. 
Inspections of vehicles to be used by towing operators shall be conducted by the South Plainfield Police Department and shall utilize the inspection checklist designated as Schedule A and attached to this article.[1]
[1]
Editor's Note: Schedule A is on file in the Borough offices.
A. 
License record. The Borough Clerk shall keep a record of all licenses issued and applications filed under this section. It shall also indicate the amount of the fee paid for each license, the date upon which payment was received, the date of this issuance of the license, whether the license is a new license or a renewal and any other information which the Mayor and Council may require by resolution.
B. 
Display of license. The license shall be prominently displayed at the location, where it is visible to the public and law enforcement authorities.
C. 
Transferability. Each license shall apply only to the person to whom it was issued and shall not be transferable to another person. The license may not be transferred to another location unless approved by the Mayor and Council, and then only after all provisions of this section and subsection have been complied with. (By "person" it is meant an individual, corporation or general or limited partnership.)
D. 
Expiration; renewal; proration of fees.
(1) 
Except when expressly provided otherwise, all licenses shall expire on December 31 of the third year from issue date at 12:00 midnight. Applications for renewal of licenses shall be made not later than December 1 for a license for the next ensuing three years. It shall be the responsibility of the applicant to acquire an application from the Borough Clerk's office. All applications will be accepted on a first come first served basis.
(2) 
New applications shall only be accepted for issuance of a license for the next ensuing three years.
E. 
Revocation and causes. Any license issued for a tow operator may be revoked by the Borough Clerk at the request of the Chief of Police after notice and hearing for any of the following reasons:
(1) 
Fraud or misrepresentation in any application for a permit or license.
(2) 
Fraud or misrepresentation or other dishonesty in conduct of the licensed activity. This shall include the gathering of persons of unsavory character, illegal gambling or conduct which would violate the laws of the State of New Jersey or the ordinances of the Borough of South Plainfield.
(3) 
A violation of any provision of this article.
(4) 
Licensee charged or convicted of any indictable offense or disorderly person's offense involving moral turpitude.
(5) 
Conduct by the tow operator himself or his agents or employees in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
F. 
The Chief or his designee shall consider the following additional factors when determining if a suspension or removal from the list is warranted:
(1) 
Vendor inspections resulting in violations of the requirements outlined in this order.
(2) 
Formal complaints received by the Division of Consumer Affairs.
(3) 
Documented complaints and/or violations of the policy in the CAD system.
G. 
Notice of hearing. Notice of hearing for the revocation of a license or permit shall be given, in writing, by the Borough Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the tow operator at his last known address by certified mail, return receipt requested, at least five days' prior to the date set for the hearing.
H. 
Hearing determination. At the hearing, the tow operator shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Council shall revoke or suspend the tow operator's license if it is satisfied by a preponderance of the evidence that the tow operator or his agents, servants or employees are guilty of the acts charged.
I. 
Reinstatement of revoked licenses. The Mayor and Council may issue another license to a tow operator whose license has been revoked or denied if, after hearing, they are satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no tow operator whose license has been revoked or denied nor any person acting for him, directly or indirectly, shall be issued another tow operator license.
J. 
Violations and penalties. Any person, firm or corporation who or which shall violate or fail to comply with any order or regulation made hereunder shall severally, for each and every violation and noncompliance, forfeit and pay a penalty not to exceed the sum of $1,000 or be imprisoned in the Middlesex County Jail for a period of not more than six months, or both. The imposition of a penalty for a violation of this article shall not excuse the violation or permit it to continue; such violation shall be remedied within a reasonable time, and each 10 days that such violation is permitted to exist shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
A. 
Any South Plainfield officer who requests a tow, may generate a call code entry entitled "Towing Compliment/Complaint" to document the performance of the towing vendor in the computer-aided dispatch (CAD) system.
B. 
Motorists who wish to document a compliment/complaint regarding a towing company may do so at police headquarters.
(1) 
A CAD entry using the code "Towing Compliment/Complaint" shall be generated by the member taking the report.
(2) 
If the motorist's inquiry is monetary in nature, the prevailing ordinance posted rate schedule shall be utilized as a guide to answer questions.
(3) 
When the motorists wish to make a formal complaint against a vendor, the motorist shall be referred to the New Jersey Division of Consumer Affairs and shall be provided with the current telephone number of such office, in addition to a CAD entry being made pursuant to Subsection B(1) of this section.
C. 
The South Plainfield Police Chief or his designee may take the following action(s) for violations which occur during any calendar year in which a license is in effect:
(1) 
First violation may result in a written warning to the vendor.
(2) 
Second violation may result in a fourteen-day suspension from the towing rotation.
(3) 
Third violation may result in the removal of the vendor from the list.
(4) 
In addition to the actions for violations listed under Subsection C(1) through (3), above, the following violations will result in disciplinary actions:
(a) 
Late arrival to calls for service.
(b) 
Failure to answer telephone calls for service.
(c) 
Failure to properly clean scenes.
(d) 
Substantiated motorist complaints filed at either the station level or via Consumer Affairs.
(e) 
Violations of the minimal requirements as outlined in the application.
(f) 
Failure to maintain proper insurance coverage.
(g) 
Violation of any provision of the Predatory Towing Prevention Act.[1]
[1]
Editor's Note: See N.J.S.A. 56:13-7 et seq.
D. 
Immediate suspension may occur if the application is fraudulent, the owner or one of their employees are charged with an any offense from disorderly persons to an indictable crime, which, after independent investigation by the Chief of Police, the Chief of Police deems such offense to have occurred, the owner's insurance is canceled, or if there is evidence indicating a pattern of consumer fraud or any serious violation as determined by the South Plainfield Police Department.
E. 
Vendors shall be notified via certified mail of any violation of this order or any motorists complaint taken at the station level.
(1) 
Notification shall include the date, time and location of the services rendered, and the reason/nature of the complaint.
(2) 
Notification to the vender shall be noted in the CAD using the call code "Towing Compliment/Complaint" and retained at the station level.
A. 
Fees and charges which towing operators may charge under this article for towing Services, storage services or both shall be in accordance with the provisions of N.J.S.A. 40:48-2.49. The schedule of such fees shall be made available to the public by the towing operators during normal business hours. Maximum allowable fees shall be governed by Article I of this chapter.
B. 
The tow operator/owner shall be fully responsible for the acts or omissions of its agents, servants or employees and shall be regarded as an independent contractor and not an employee of the Borough of South Plainfield.
C. 
The tow operator/owner shall comply with all state and federal laws regarding wages, hours and terms of employment and shall provide the Borough of South Plainfield with copies of all state and federal statements regarding the same, including a nondiscrimination statement.
The provisions of this article and the enforcement of the same shall be under the direction, supervision and jurisdiction of the South Plainfield Police Department.