This article shall be known and cited as the "Borough of South Plainfield Wrecker Regulations."
As used in this article, the following terms shall have the meanings indicated:
CRUISING
The driving of an unengaged licensed wrecker to and for along a public street in any fashion calculated for the obvious purpose of soliciting business along the public street.
GARAGE
A. 
Any parcel or property owned or leased by an official tower and has all of the following specifications:
(1) 
Contiguous to or a part of the official tower's place of business, except that a secondary lot may be located elsewhere to accept the overflow.
(2) 
Adequate to store vehicles set forth in § 434-23(A)(3).
(3) 
The area where the vehicles are stored shall be completely encircled by a fence not less than six feet high, with at least one lockable gate for ingress and egress.
(4) 
Meets the requirements of any relevant ordinances, statutes or regulations,
B. 
If the garage does not meet the requirements in Subsection A(1), the garage must produce a written agreement stating that they have access to a secured fenced yard located within the Borough that meets the requirements of this article.
IMPOUNDED VEHICLE
A vehicle towed by the order of the South Plainfield Police Department due to a violation of the laws of the State of New Jersey, for investigative purposes, being deemed unsafe or any other reason deemed reasonable by the South Plainfield Police Department.
POLICE CHIEF
The Chief of Police of the Borough of South Plainfield.
TOWED VEHICLE
A vehicle towed for any other reason that is not deemed impounded.
WRECKER
A vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying, recovering or removing any and all kinds of vehicles which are unable to be and actually are not operated under their own power from the place where they are disabled to some other place, and any vehicle(s) which the Police Department has ordered to be impounded.
A. 
Any person having available space at a garage who desires to engage in the municipal towing at police request, as delineated in this article, shall first apply for a license according to the terms and condition of this article and, if approved for a license, enter into a contract with the Borough of South Plainfield, which contract must be approved by the Borough Council, for a duration of not more than three years. Such persons shall be known as "official towers" and shall serve as such pursuant to the terms of the contract between the official tower and the Borough, subject to the Local Public Contracts Law[1] as well as this article.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
B. 
No official tower shall subcontract to any person who is not a licensed official tower any work to be performed by him for the Borough without having first obtained written approval from the Police Department for the use of the subcontractor, which approval is necessary in order to maintain an equitable and nondiscriminatory administration of the rotation lists referenced in § 434-36. Any official tower who is authorized to subcontract work remains liable for any violation by the subcontractor under this article. Any subcontractor shall be governed by all of the terms and conditions of this article.
C. 
Any official tower who voluntarily removes itself from the rotating list, thereby relinquishing its license under this article, forfeits the right to reapply for a license under this article until the next awarding of licenses and contracts by the Borough.
Official towers shall furnish wrecking, towing, and storage services in conformance with this article to motor vehicles within the limits of the Borough of South Plainfield when requested to do so by the South Plainfield Police Department. These services are to include the towing and storage of unclaimed or abandoned vehicles when requested to do so by the South Plainfield Police Department.
A. 
Applications for licenses issued hereunder shall be made upon blank forms prepared and made available by the Police Chief and shall state:
(1) 
The name, home address and proposed or actual business address of the applicant, and where he is the owner, lessee or bailee.
(2) 
The location, description and hourly availability of the wreckers owned or operated by the applicant.
(3) 
That the applicant has a garage, or access to one, with the available space for properly accommodating and protecting all motor vehicles to be towed or otherwise removed from the place where they are disabled or impounded and that any such vehicles will not be stored or allowed to remain on public property or Borough streets or on any property which is not zoned for such storage. The applicant must, therefore, obtain from the Zoning Officer of the Borough of South Plainfield a zoning permit demonstrating that the premises upon which the garage is located does not violate the Borough of South Plainfield Land Use and Development Ordinance.[1] The zoning permit, once obtained, shall be made part of the application.
[1]
Editor's Note: See Chs. 500 through 540, inclusive.
(4) 
Description of the vehicle(s) for which licenses are desired, including year, make, model, type, serial number of body and motor capacity, length of time the vehicle(s) has been in use and any other information which the Police Chief shall deem necessary or proper to effectuate the purpose of this article have been complied with.
(5) 
That the applicant can ensure no more than a thirty-minute response time on all calls.
B. 
That the applicant shall have affixed thereto an affidavit to be sworn to by the applicant that all of the information given in the application is true and correct and the application shall be submitted to the Police Chief.
A. 
Upon receipt of a completed application as provided for herein, the Police Chief shall cause an investigation to be made of the applicant and his proposed business operation and shall make or have made an inspection of the vehicle(s) to be licensed. The Police Chief may delegate the inspection of the vehicles(s) to an independent person, not engaged in business in the Borough, who shall be qualified by experience and training to make such inspection and such person shall report to the Police Chief whether the vehicle(s) is in a thoroughly safe and sanitary condition and complies with the requirements and standards of this article, as set forth herein.
B. 
The Chief of Police or his/her designee shall conduct or cause to be conducted such investigation as necessary to determine the truth and accuracy of the information contained in the application, and the applicant's compliance with this section. This investigation shall include a full and complete criminal and driver license background check on each owner, agent thereof, and employee-driver. Applicants and/or their employee-drivers shall be required to submit fingerprints to complete the background investigation(s) in connection with any such application under this chapter. Any fees relating to the fingerprint checks shall be borne by the applicant.
C. 
Within 60 days after the receipt of the completed application, the Police Chief is to complete the investigation and inspection and according to the terms of this article as well as § 434-27 and any other relevant subsection, either refuse to approve the application, or shall approve the application and classify each wrecker to be licensed as light-duty or heavy-duty, ensuring compliance with the minimum standards delineated in § 434-26. The Police Chief reserves the right to approve or deny an application due to past or present negative interactions between police personnel and the towing operator or his employees.
D. 
Included in the Police Chiefs investigation of the applicant shall be a criminal history check with the New Jersey State Police Bureau of identification and driver's license check. A written consent form authorizing a criminal background check shall accompany the submitted application. A consent form will be needed for each employee of the company.
E. 
The applicant, or an employee-driver, may be refused if such investigation reveals any of the following, or if the applicant or any employee refuses to permit such investigation:
(1) 
Conviction of any crime of the fourth degree or higher, possession or use of a controlled dangerous substance; and other crimes against the person or crimes involving moral turpitude. Any plea arrangement which results in pre-trial intervention, conditional discharge, or any other similar diversionary trial settlement may be viewed as a conviction to the original charge/offense.
(2) 
Conviction of operating a motor vehicle under the influence of an intoxicating liquor or drug (N.J.S.A. 39:4-50); leaving the scene of an accident (N.J.S.A. 39:4-129); failure to report an accident (N.J.S.A. 39:4-130); reckless driving (N.J.S.A. 39:4-96) and possession of a controlled dangerous substance in an automobile (N.J.S.A. 39:4-49.1).
(3) 
Successful civil complaints filed against the owner, agent thereof, the corporation, or any officer thereof for deceptive business practices, including but not limited to insurance fraud, price gouging, or other similar complaint or offense.
(4) 
Upon completion of the background checks, the Chief of Police shall render a decision on the applicant.
(a) 
A decision to grant the license shall be forwarded, in writing, to the Borough Clerk.
(b) 
A decision to refuse the license shall be forwarded, in writing, to the applicant and Borough Clerk. The Chief of Police shall document the reasons thereof. The denial may be as narrow as to restrict any one employee from performing tows under this license, to a total denial for the entire applicant.
(5) 
Only one approval shall be granted to a towing agency or its affiliate. For the purpose of this section, "affiliate" shall mean any towing agency in which there is a common ownership of more than 10% or any common officer or director.
F. 
The Borough of South Plainfield recognizes that the official tower shall be trustworthy in that he is safeguarding vehicles belonging to others. Therefore, to protect the public interest, the Borough may disqualify any towing operator based on any one employee, at any time who has been convicted of a crime or violations within the past 10 years, which crime or violation would indicate that the official tower or his employees may not be responsible to perform in the best interest of others. Such crimes or violations would include but not limited to car theft, stealing of car parts, break-ins, thefts, overcharging, etc. The Police Chief may waive these standards if it is deemed to be in the best interest of the Borough.
G. 
If the official tower or their employees are charged with any disorderly persons offense, or criminal act which, after an independent investigation has been conducted by the Chief of Police who has determined that such office or act occurred, or found guilty of any such crime or ordinance violation during the term of his license, the license may be suspended by the Borough for the reasons aforesaid. The official tower shall notify the Police Chief in writing of any criminal charges that become pending against him or his employees during the term of the license.
H. 
The Police Department reserves the right to investigate, at any time, the official tower or anyone employed by the official tower for the purpose of fulfilling the contract herein.
The Police Chief shall approve and classify an application only when he finds that the following requirements have been meet:
A. 
That the public convenience and necessity will be served by the use of the vehicle for which the application has been made.
B. 
That the insurance policies as required herein have been procured and supplied.
C. 
That the applicant and proposed workers are fit persons to operate the wrecker and conduct a wrecker service in the Borough. License holders will be required to submit a list of operators and the legal addresses and keep the Police Department informed of any changes in the operator's and/or legal addresses.
D. 
That the requirements of this article and all governing laws, statutes and ordinances have been met.
E. 
That the wrecker(s) have been properly licensed and inspected by the State of New Jersey and has the necessary stickers affixed thereto. No vehicle shall be licensed as a wrecker which is using dealer license plates or which has failed the state inspection.
F. 
That the wrecker(s) license, on inspection, meet with the required minimum standards for a light-duty or heavy-duty wrecker as described in the following section.
G. 
Compliance with the requirements of § 434-24 and any other relevant section of this article.
H. 
That the applicant demonstrates to the Police Department that the applicant will be able to ensure no more than a thirty-minute response time for calls.
The wrecker shall be the minimum standards to be utilized by the Police Chief in the classification of wreckers as either light-duty or heavy-duty:
A. 
Light-duty wrecker. Light-duty wreckers shall be able to handle all makes of passenger cars, small trucks and any other vehicle having a registered weight less than 12,500 pounds and comply with the following minimum standards:
(1) 
Dual rear wheels or equivalent.
(2) 
A power take-off controlled winch with a minimum cable thickness of 1/2 inch or equivalent.
(3) 
Comparable weight equal to the vehicle to be towed, with a minimum of 5,500 pounds.
(4) 
A three-eighths-inch safety chain. The lift chain and the safety chain shall not be attached in any form of manner to the same part of the wrecker.
(5) 
One reflectorized traffic vest for each employee at the scene.
(6) 
A five-pound CO, dry powder extinguisher or equivalent.
(7) 
One broom, shovel and debris container.
(8) 
Ten pounds of absorbent material, such as speedy dry, and any other materials necessary to remove any and all debris from the roadway at the tow site. In addition to removal of any absorbent material at the scene, each official tower must dispose of any vehicle debris, such as glass of vehicle parts, removed from the roadway in a lawful manner.
(9) 
Functioning emergency lighting in conformance with applicable federal and New Jersey state statutes and regulations. This lighting must include at minimum either an amber beacon or a light bar, either of which must have visibility of 360°.
(10) 
Equipped with a winch rated to accept at least 8,000 pounds.
(11) 
A cellular phone to communicate with the Police Department.
B. 
Heavy-duty wrecker. Heavy-duty wreckers shall be able to handle all makes of trucks, as well as any other vehicle having a registered weight in excess of 12,500 pounds, and comply with the following minimum standards:
(1) 
Dual rear wheels or equivalent.
(2) 
Manufacturing rating: gross vehicle weight of 15,000 pounds. Manufacturing rating may be obtained from the factory where the truck originates. Other written evidence of gross vehicle weight may be acceptable by the Police Chief, if verified.
(3) 
Power take-off controlled winch with a minimum cable thickness of 5/8 inch.
(4) 
A 5/8 inch safety chain. The lift chain and safety chain shall not be attached in any form or manner to the same part of the wrecker.
(5) 
Air brakes.
(6) 
Connecting air lines for connection with the air compressor and air brake lines of the towed vehicle.
(7) 
A detachable truck light bar to be attached to the rear of the towed vehicle.
(8) 
Ten pounds of absorbent material, such as speedy dry, and any other materials necessary to remove any and all debris from the roadway at the tow site. In addition to removal of the absorbent material applied at the scene, each official tower must dispose of any vehicle parts removed from the roadway in a lawful manner.
(9) 
Functional emergency lighting in conformance with federal and New Jersey state statutes and regulations. This lighting shall include, at a minimum, either an amber beacon or a light bar, either of which must have a visibility of 360°.
(10) 
Each heavy-duty wrecker shall be equipped with either two winches, each rated for at least 25,000 pounds, or one winch, which is rated for at least 50,000 pounds.
(11) 
A cellular phone to communicate with the Police Department.
(12) 
Each official tower licensed with heavy-duty wreckers, in addition to any other criteria, shall have available at least one flatbed truck duly licensed under the terms of this article.
C. 
General requirements. Every official tower must have wheel lift or flatbed capability for its light-duty wrecker. Every official tower must have access to a light-duty wrecker with flat bed capability. Every official tower must have under reach capability for its heavy-duty wreckers. This is necessary in order to ensure the capability of the official tower to lift towed vehicles from the underside of the vehicle in a damage-free manner.
A. 
Upon written notification by the Chief of Police that an application has been approved and classified as well as compliance being met with all other sections of this article, the Municipal Clerk of the Borough of South Plainfield shall issue a license to the official tower under this article, as well as individual licenses for each wrecker owned and operated by the official tower designating each wrecker as light-duty or heavy-duty. Additionally, prior to conducting any towing activities licensed pursuant to this article, each official tower must execute a contract approved by the Law Department, as well as the Borough Council, which contract is in conformance with the Local Public Contracts Law[1] and any relevant laws, regulations and ordinances, and which will be for a duration of not more than one year.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
B. 
The license to be awarded to an official tower pursuant to the terms of this article is for three-year term. It is expressly ordained that all vehicles licensed by the official tower under this article must be inspected by the Police Department every year and the license issued for each wrecker is to be issued every three years.
The Borough Clerk shall also issue to each official tower a card, not less than four inches in width nor more than 8 1/2 inches in width in such form as may be set by the Chief of Police, and the card shall be carried in each licensed vehicle so that the same can be produced and displayed at the request of any law enforcement officer. The card shall bear the name of the licensee, official license number of the wrecker, the service rates and conditions of employment under which such wrecker is operating, the maximum weight capability of the wrecker and a notice that in case of any complaint, the Chief of Police shall be notified. Such card shall have attached thereto the signature of the Chief of Police and the date of inspection of the wrecker by the inspector, together with blank spaces upon which an entry shall be made of the date of every inspection of the wrecker by the inspector; in lieu of the card, a metal plate furnished by the owner, giving the same information, may be affixed to a prominent portion of the wrecker. Vehicle cards shall be updated by the Chief of Police.
A. 
Charges for the transportation, hauling and storage of disabled vehicles by any licensed official tower of the Borough are subject to the following limitations:
(1) 
Towing fees:
(a) 
Light-duty wrecker decoupling charge, vehicle not towed: $65.
NOTE: This fee can be charged once the vehicle to be towed is hooked to a licensed wrecker, but not if the vehicle is actually towed. (The vehicle will be considered in tow once the towing operator has placed the tow vehicle in gear/drive and begun to pull away.)
(b) 
Light-duty wrecker. For conveying any passenger automobile, station wagon, pickup truck and panel truck having a registered vehicle weight of 12,500 pounds or less from any point in the Borough to any other point in the Borough/Tow Yard destination: $150.
[1] 
South Plainfield Police impounded vehicles: The tow companies will be compensated $100 a tow and the remaining $50 will be retained by the Borough as an administrative fee.
[2] 
Flatbed/dolly wheel use: $100 when necessary.
(c) 
Heavy-duty wrecker. For conveying any truck or omnibus having a registered vehicle weight in excess of 12,501 pounds from any point in the Borough to any other point in the Borough/Tow Yard destination: $550.
[1] 
South Plainfield Police impounded vehicles: The tow companies will be compensated $500 a tow and the remaining $50 will be retained by the Borough as an administrative fee.
[a] 
For conveying vehicles from a point within the Borough to a point outside the Borough, or vice versa, the rate is to be predetermined by agreement between the official tower and the disabled vehicle owner or driver.
(2) 
Storage fees:
(a) 
Storage fee, light-duty vehicle.
[1] 
Storage of passenger automobiles at the Borough of South Plainfield Impound Yard, per day: $50.
[2] 
It is expressly ordained that the daily storage rates recited in this subsection shall not be charged for the calendar day on which a vehicle arrives at the place of storage.
(b) 
Storage fee heavy-duty vehicle.
[1] 
Storage of trucks and omnibuses having a registered weight in excess of or equal to 12,501 pounds: $125 per day.
[2] 
It is expressly ordained that the daily storage rates recited in this subsection 6 shall not be charged for the calendar day on which a vehicle arrives at the place of storage.
(c) 
Waiting time fees:
[1] 
Vehicles with registered vehicle weight of 12,500 pounds or less, per 15 minute increments: $25.
[2] 
Vehicles with registered vehicle weight in excess of 12,500 pounds, per fifteen-minute increment: $50.
[3] 
Waiting time charges shall not begin until 15 minutes after arrival of wrecker at the scene. After the initial 15 minutes, waiting time charges will begin.
[4] 
Crane service/winching recovery services/extra tow service rates: $50.
[5] 
Winching is considered recovery for billing purposes.
[6] 
Vehicles with registered vehicle weight in excess of 12,500 pounds, per hour in 1/4 increments: $250.
[7] 
Vehicles with registered vehicle weight in excess of 12,500 pounds, per fifteen-minute increments: $100. Winching is considered recovery for billing purposes.
[8] 
Additional equipment for recovery (i.e., forklift, wheel load, etc.): $250 each.
[9] 
Release brake chamber: $35 per brake.
[10] 
Release air brakes: $40 per air line.
[11] 
Drop drive shaft: $100.
[12] 
Drop axel: $50 per axle.
[13] 
Heavy-duty rotator required: $650.
[14] 
Additional labor: $100 per man/per hour.
[15] 
Enclosure fee (vehicle wrap or cover): $50.
B. 
Every operator of a wrecker shall give the customer a written itemized receipt for the fee paid, when requested. All disputes as to fares shall be determined by the police officer in charge, if one is present, and a report of the dispute shall then be made by the officer to the Chief of Police. Every official tower will be required to accept all currently accepted methods of payment as per state statutes, which at time of adoption of this article includes cash, credit card, money order and personal and business checks.
C. 
Hours of release. The hours of release for towed vehicles from the tower's yard shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, and 9:00 a.m. to 12:00 noon Saturday.
D. 
Towing locations.
(1) 
All vehicles towed pursuant to § 434-30 light-duty vehicles, unless otherwise directed by the Police Department, shall be towed to the South Plainfield Police Impound Yard located at 405 Spicer Avenue, South Plainfield. However, any such vehicle that has been in a crash, shall be towed to and stored by the respective tower, unless the vehicle is considered a police impound [refer to Subsection A(1)(b)].
(2) 
All vehicles 12,501 pounds or more, pursuant to Subsection A(1)(c), unless otherwise directed by the Police Department, shall be towed to and stored by the respective on-call heavy-duty tower.
E. 
Any official tower is hereby authorized to charge, in addition to the service rates delineated in this section, a surcharge in the amount of $50 per vehicle towed, as an accident clean up fee. Accident scene clean-up is considered the application and removal of an absorbent material for fluid spills (i.e., coolant, oils, etc.) and removal of glass, debris and other materials.
F. 
For vehicle rollover (when a vehicle is not on its four tires): $125 per vehicle.
G. 
For off-road recovery (when a vehicle is off of the travel portion of the roadway): $125 per vehicle.
A. 
No person owning or operating a wrecker shall:
(1) 
While waiting for employment, stand on any public street, intersection, or on any public property without first obtaining the consent of a police officer or stand on any private property without first obtaining the consent of the owner of the property.
(2) 
Seek employment by repeatedly and persistently driving his wrecker to and for in a short space in front of any disabled vehicle or by otherwise interfering with the proper and orderly progress of traffic along the public highways.
(3) 
Permit or invite loitering within or near his wrecker.
(4) 
Solicit or attempt to divert prospective patrons of another wrecker, nor shall be solicit or divert prospective patrons of a given garage in the Borough to any other garage.
(5) 
Solicit, demand or receive from any person any pay commission or emolument whatever, except the proper fee for transporting the disabled vehicle in accordance with the schedule of service rates listed in § 434-29.
(6) 
Pay any gratuity, tip or emolument to any third person not involved in the accident, or to any police officer, for information as to location of any accident or for soliciting the employment of the licensee's services, nor give any gratuities, fees or other compensation or gifts to any member of the Police Department.
B. 
Towed vehicles shall be stored in an area with protective fencing.
A. 
Every official tower shall record, whether in a hard book or in a computer-based system, solely for the purpose, the details of each disabled vehicle towed, serviced or transported, together with full information concerning the details surrounding the hiring, the names of the owner of the towed vehicle and the patron engaging him, with the exception that it is expressly required that each tower maintain a hard copy receipt of all services provided for under this article, which receipt shall bear the original signature of the person to whom the vehicle was released. The record book herein described shall be kept open for inspection at all times by the Police Chief or any duly authorized representative of the Police Chief.
B. 
All official towers shall maintain a record regarding all vehicles impounded at the request of the South Plainfield Police Department. These vehicles may include abandoned vehicles, recovered stolen vehicles or vehicles held for investigation by the Department. This record shall be made available to any police officer for inspection, upon request, and shall contain the following information:
(1) 
The date, time, location and name of the wrecker driver who towed the vehicle at the Department's request.
(2) 
The physical location of the vehicle being towed.
(3) 
Identification of the impounded vehicle to include make, year, model, vehicle identification number, license number and name of registered owner, if known.
(4) 
A vehicle impounded by the police shall not be released without a written tow release form authorizing this release.
(5) 
A written record shall be kept or maintained by the towing service indicating the name of the person releasing the vehicle, the type of proof of ownership presented and the name of the person receiving the vehicle.
A. 
Official towers shall only release vehicles impounded as a consequence of the official tower's performance under this article after receiving a written authorization from the Police Department to release the vehicle.
B. 
Vehicles towed as a consequence of a call from the call list will be available for release during the entire period that the wrecker is on call and from 8:00 a.m. to 5:00 p.m., Monday to Friday; and 9:00 a.m. to 12:00 noon, Saturday.
C. 
No official tower i) shall enter into the Police Towing Yard without first notifying the Police Department of its desire or need to do so; nor ii) enter into the Police Impound Lot to access, move, remove, or release any vehicle unless escorted by the Police.
A. 
Official towers shall perform licensed services on a rotating basis. The Police Chief is hereby authorized to establish a system of rotation in the assignment of the wreckers in the area when the owner or driver of a disabled vehicle declines or is unable to indicate any specific choice of a wrecker to remove the vehicle. No official tower shall respond to the scene of a disabled vehicle except upon notification by the police officer in charge at Police Headquarters or upon request of the driver.
B. 
In the establishment of a rotation system of assignment of licensed wreckers, separate lists will be administered by the Police Department for light-duty wreckers and heavy-duty wreckers. The Borough of South Plainfield shall establish a heavy-duty rotation list consisting of at least four qualified towers. If fewer than four qualified towers from within the Borough of South Plainfield cannot meet these requirements set forth, the Borough of South Plainfield shall establish a heavy-duty rotation list utilizing qualified towers from outside the Borough limits. Selection for the heavy-duty rotation list may include companies outside the Borough limits, provided the tower can comply with all the requirements set forth in § 434-25. In addition, an official tower for the heavy-duty rotation list must own the equipment required in § 434-26B. If an official tower has both heavy-duty and light-duty wreckers licensed, the official tower's turn on the light-duty list must be separate from its turn on the heavy-duty list.
C. 
Such additional rules and regulations regarding the rotation of wreckers as may be promulgated hereunder by the Police Chief and filed with the Borough Clerk shall take effect immediately after service of a copy thereof on official towers, which service may be made by addressing same to the licensees by ordinary mail at their last known address. If, pursuant to the rules and regulations for rotation of wreckers adopted under this article, the Police Department summons a wrecker to the scene of a disabled vehicle for the purposes of removing the vehicle and the summoned wrecker shall arrive at the scene, the owner or driver of the disabled vehicle shall use the services of the summoned wrecker.
D. 
For all serious or fatal motor vehicle crashes, Middlesex County's contracted tower is to be notified by Police Headquarters to respond to the scene.
A. 
The Police Chief is hereby authorized and empowered to establish reasonable regulations for the inspection and operation of licensed wreckers and for the design, construction, maintenance and condition of fitness for safe conduct of the wrecker service business, in accordance with the standards herein. The Police Chief shall maintain due vigilance over all licensed wreckers to see that they are kept in a condition of safety for the transportation and hauling of disabled vehicles, and shall have the right at all times to inspect all such licensed wreckers and shall maintain a record, in writing, of the report of all such inspections. If, at any time, the Police Chief shall deem equipment inadequate or unsafe, he shall have the power to demand immediate correction, and, if not corrected to the full satisfaction of the Police Chief, he shall than have the power to revoke or suspend the license, as in the case he may deem fit and proper, after a hearing is had upon the nature and circumstances of the violation. The Police Chief, is also hereby authorized and empowered to establish such additional regulations not inconsistent herewith, as may be necessary and reasonable, governing the issuance of any license provided for in this article. All regulations promulgated by the Police Chief shall be filed with the Borough Clerk.
B. 
Whenever the Police Chief promulgates regulations pursuant to Subsection A of this section, notice of the promulgation shall be published in the official newspaper of the Borough, That publication shall state that a regulation has been promulgated by the Police Chief pursuant to the authority of this article and state specifically that a copy of the regulations is on file in the Borough of South Plainfield Municipal Clerk's office and, unless an emergency situation arises, any such rules or regulation promulgated by the Police Chief shall not become effective until 10 days after the date of publication in the newspaper.
An applicant for a license under this article, as well as any official tower, has the right to file an administrative appeal of any action taken or ruling made by the Police Chief in the administration of this article. The appeal must, however, be filed in writing with the Borough Clerk of the Borough of South Plainfield within 10 days of the Police Chief's decision. A hearing is to be held within 30 days of the filing of the appeal with a written ruling forthcoming from the Borough Clerk within 20 calendar days of the hearing. The Borough Clerk's decision shall be the final administrative decision rendered on any appeal filed pursuant to this article.
Only official towers of the Borough of South Plainfield are subject to the terms of this article. When the owner or driver of a disabled vehicle indicates a choice of a specific wrecker owner who is not licensed as an official tower, that wrecker shall be called to the scene only at the discretion of the police officer on the scene based on his/her consideration of public safety and the need to clear the scene; this article does not apply to that wrecker's activities.
The Police Department shall be responsible for attempting to notify the owner of an abandoned vehicle towed under this article that his vehicle has been towed to the impound area within 30 calendar days of the tow. In the event the towed vehicle is not removed within 14 calendar days by the owner, the official tower shall be responsible for notifying the Police Department, in writing, of this situation. Failure of the official tower to notify the Police Department as stated herein shall limit the storage charge to 14 calendar days.
A. 
The Borough of South Plainfield Police Department shall, at its sole judgment and uncontrolled discretion, arrange for public sale any vehicle which has been the subject of impoundment or when the owner has failed to receive same. Such public sale shall be in accordance with state law.
B. 
The Borough of South Plainfield will not sell any vehicle without having first received the proper authorization for the sale as required by the New Jersey Division of Motor Vehicles in accordance with state law.
C. 
The proceeds from the sale of each vehicle shall be applied to the payment of any towing and storage charges due the appropriate official tower pertaining to the vehicle sold. Any surplus funds per each vehicle shall be disposed according to law. If the proceeds from the sale of such vehicle are insufficient to pay the accrued towing or storage charges for that vehicle, the official tower agrees that there shall be no further liability of the Borough of South Plainfield to pay same and any excess amounts which may be due shall be waived.
D. 
If no bids are received on a vehicle, then the official tower shall receive title for nominal consideration of $25 for such vehicle in lieu of any fees, which may be due the official tower pursuant to this article.
Every official tower shall furnish, at its expense, the owner of a disabled vehicle with a copy of towing and storage rates as provided by this article. Furthermore, the Borough, through the Borough Clerk's office and the Police Department, shall make available all regulations and fee schedules under this article to any member of the public during normal business hours of the Borough.
A. 
Any official tower who violates any provision of this article shall, upon conviction thereof by the Municipal Court, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both.
B. 
Notwithstanding the above penalty provisions, it is expressly ordained that in addition to any fines imposed in conformance with this § 434-40, the Police Chief may impose the following suspension and revocation schedule to be applied to the license of the official tower, together with all associated wrecker licenses, found to have violated in any calendar year in which a license has been in effect, the provisions of this article by charging and collecting service rates in excess of those set forth in § 434-29;
(1) 
Ninety days' license suspension of any license under this article for the first offense;
(2) 
One-hundred-eighty-day license suspension for a second offense;
(3) 
Permanent revocation of any license issued under this article for a third offense.
C. 
The Borough of South Plainfield believes there will be occasions that require the official tower to provide services to police vehicles for the Borough. The official tower shall charge the Borough according to the service rates delineated § 434-29 for performing these services. The municipal expenditure is subject to Local Budget Law.[1] This service shall include but not be limited to jump-starts, change of flat tires of police vehicles, and police tows.
[1]
Editor's Note: See N.J.S.A. 40A:4-1 et seq.
A. 
No person shall tow any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from any privately owned parking lot, from other private property or from any common driveway without the consent of the motor vehicle owner or operator, unless:
(1) 
Such person shall have entered into a contract for private property towing with the owner of the property; and
(2) 
There is posted in a conspicuous place at all vehicular entrances to the property which can easily be seen by the public, a sign no smaller than 36 inches high and 36 inches wide stating:
(a) 
The purpose or purposes for which parking is authorized and the times during which such parking is permitted;
(b) 
That unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner's expense;
(c) 
The name, address, and telephone number of the towing company that will perform the towing;
(d) 
The charges for the towing and storage of towed motor vehicles;
(e) 
The street address of the storage facility where the towed vehicles can be redeemed after payment of the posted charges and the times during which the vehicle may be redeemed; and
(f) 
Such contact information for the Division of Consumer Affairs as may be required by regulation; and
(3) 
The property owner has authorized the person to remove the particular motor vehicle; and
(4) 
The person tows the motor vehicle to a secure storage facility that is located within a reasonable distance of the property from which the vehicle was towed.
B. 
No private property owner shall authorize the towing of any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from the private property owner's property without the consent of the motor vehicle owner or operator, unless:
(1) 
The private property owner has contracted with a private property towing company for removal of vehicles parked on the property without authorization; and
(2) 
A sign that conforms to the requirements of Subsection A(2) of this section is posted on the property.
C. 
(Reserved)
D. 
This section shall not apply to a motor vehicle parked on a lot or parcel on which is situated a single-family unit or an owner-occupied multiunit structure of not more than six units or in front of any driveway or garage entrance where the motor vehicle is blocking access to that driveway or garage entrance.
E. 
The requirements of Subsection A(2) of this section shall not apply to a residential community in which parking spaces are specifically assigned to community residents, provided that:
(1) 
The assigned spaces are clearly marked as such;
(2) 
There is specific documented approval by the property owner authorizing the removal of the particular vehicle; and
(3) 
A sign, which can easily be seen by the public, is posted in a conspicuous place at all vehicular entrances to the residential community property, stating that unauthorized parking in an assigned space is prohibited and unauthorized motor vehicles will be towed at the owner's expense, and providing information or a telephone number enabling the vehicle owner or operator to immediately obtain information as to the location of the towed vehicle.
The exemption in this subsection shall not apply to any private parking lot or parcel owned or assigned to a commercial or other nonresidential entity located in such residential communities.
F. 
A towing company shall, upon removal of a vehicle pursuant to this subsection notify the Police Department whenever the owner or operator of the vehicle is not present at the time the vehicle is towed.
No vehicle covered by the terms of this section shall be licensed whose color scheme, or name, monogram or insignia to be used thereon, shall be in conflict with or, in the opinion of the Director of Public Safety, imitate any color scheme, monogram, name or insignia, used by any other person, firm, municipality or corporation operating a tow truck or towing agency, in such manner as to be misleading or tend to deceive or defraud the public.
It shall be an unlawful practice for any towing company to fail: 1) when requested by the owner or operator of a vehicle subject to nonconsensual towing, to release vehicle to the owner or operator that has been, or is about to be hooked or lifted, but has not actually been moved or removed from the property when the vehicle owner or operator returns to the vehicle and pays the decoupling fee; or 2) to charge the owner or operator requesting release of the vehicle more than a $65 decoupling fee.
Any tower who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both.
If any provision or portion of this article is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this article shall not be invalidated.