[Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 22-77, 23-79, 8-80, 4-82, 11-86, 2-87, 1-88, 1-98 and 15-2006. Ord. No. 2021-01 repealed prior Chapter 21 which included Ord. No. 2017-02]
[Added 2-9-2021 by Ord.
No. 2021-01; amended 5-9-2023 by Ord. No. 2023-08]
As used in this chapter, the following terms shall have the
meanings indicated:
Any motor vehicle or vessel partially dismantled or not readily
capable of operation under its own power or not currently licensed,
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 an 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.
Charges for services, including but not limited to physical
inspection, telephone and/or fax calls, copying of documentation and
additional office paperwork before and at the time of release.
An individual or a legally formed business entity who seeks
to obtain a license from the Borough to furnish wrecker services with
the Borough pursuant to this chapter.
STANDARD SITE CLEANUPThe amount of debris removal that should reasonably be anticipated at the scene of motor vehicle accident or incident. The standard site cleanup is usually defined to the point of impact, the final resting point of the vehicle and the associated debris field. It includes cleanup of fluids and oil spills.
EXTENDED SITE CLEANUPThe removal of debris at the point of impact, as well as along the path of pre-impact and/or post-impact, where vehicle disintegration and/or other property damage occur as a result of the motor vehicle accident or incident.
ABSORBENTSAny group of products used to soak up spills or vehicle fluids. These would include oil dry, absorbent pads, socks, booms, etc.
Office, industrial, or retail property with semipublic roads
that do not contain living areas and are used for commercial business
purposes only.
The towing of a motor vehicle when the owner or operator
of the motor vehicle has consented to having the towing company tow
the motor vehicle.
Shall mean enclosed building and/or vacant land used for
the storage of motor vehicles.
The storage of a motor vehicle upon the order of a law enforcement
agency.
Any recurring or nonrecurring event that created a diminished
capacity to roadway function or threatens the environment.
The additional work done at the scene by the tow truck operator
which is beyond that required to perform a basic tow or any additional
manpower needed to complete recovery, winching or towing of a vehicle.
Labor charge for additional manpower shall be based on a per-man,
per-hour rate with a one-hour minimum.
Any entity or individual authorized by the Mayor and Council
to engage in police towing services in the municipality.
A mechanical or electrical clamp, boot or fitting which is
employed, manufactured or designed to lock the wheel of a motor vehicle,
thus making the vehicle immobile.
A license issued to a licensee who did not hold a wrecking
and towing license in the municipality during 2020 and yearly thereafter.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
Use of specialized equipment or tow truck to retrieve a vehicle
that has left the roadway.
A warning label with adhesive, tape or glue, which is manufactured,
designed or employed so that it may be affixed to the front or rear
windshield of any vehicles violating parking rules or regulations.
Any natural person, partnership, corporation, association
or limited liability company.
The storage of vehicles by stacking them vertically, one
on top of another.
Use of towing services when, in the determination of the
Police Department, there is a recurring or nonrecurring event that
creates a diminished capacity to roadway function or threatens the
environment that requires a tower to respond.
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a consumer's motor vehicle
that is parked illegally, parking during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
Properties that are structures used solely for living spaces
and have an expectation to privacy.
Use of a tow truck or service vehicle to attempt to repair
a vehicle at the point of the breakdown, such as jump starts, tire
changes, etc.
Use of a wide variety of equipment not normally considered
towing equipment, such as but not limited to construction-type equipment
used to access or clean up a recovery scene of wreckage.
STORAGE CHARGES FOR A SIX-HOUR PERIODMeans the maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof, beginning when the vehicle is placed in the storage facility.
OUTSIDE SECURED STORAGEWhen a motor vehicle is placed in an outside secured storage facility which will be completely enclosed with at least a six-foot fence, will have at least one entrance and exit gate, and will be completely illuminated by outside lighting in order to safeguard the motor vehicles.
INSIDE SECURED STORAGEWhen a motor vehicle is placed inside a secured facility at the request of the vehicle owner/operator or at the request of a law enforcement agency for preservation purposes, i.e., owner/operator request for an antique or classic motor vehicle and/or an expensive luxury motor vehicle and/or law enforcement request for preservation of further law enforcement investigation.
LIGHT-DUTY TOW TRUCKUsed to tow and recover small light-duty vehicles up to 10,000 pounds.
MEDIUM-DUTY TOW TRUCKshall now read as follows; Used to tow and recover small commercial type vehicles 10,000 to 16,000 pounds gross vehicle weight (GVW) or passenger vehicles unable to be recovered with light-duty tow truck or flatbed;
HEAVY-DUTY TOW TRUCKCommercial manufactured truck with wrecker body; minimum GVW 33,001 pounds, used to tow and recover commercial-type vehicles over 16,001 GVW as well as passenger vehicles unable to be recovered by other means.
HYDRAULIC FLATBED CAR CARRIERCommercial motor vehicle designed exclusively to transport motor vehicles which have become disabled, wrecked, recovered stolen, and police impound by means of bodily winching motor vehicles from roadway level up onto hydraulic bed for transporting purposes.
SPECIALIZED FLATBED CARRIEREquipped with special hydraulic oscillation knuckle boom crane. Commercial motor vehicle exclusively designed for special recovery procedures when needed and also to bodily lift and transport motor vehicles.
Any individual employed by a license to operate any of its
tow trucks while providing police towing services.
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.
The towing, transporting, conveying and/or removal of damaged,
disabled and abandoned motor vehicles from the streets or highways.
Accompanying an owner and/or insurance representative into
the secured storage yard facility to inspect, remove personal belongings,
adjust and take photographs. Documentation such as driver license
of vehicle owner, business card of insurance representative must be
photocopied and time stamped when this additional auxiliary service
is performed. No fee shall be charged to a vehicle owner for the first
visit to remove personal belongings. Vehicle access charges incurred
by an insurance company, at the insurance company's request, shall
be billed directly to the insurance company.
Use of a locking wheel boot that, when attached to the wheel
of a vehicle, prevents free, self-propelled movement of the vehicle
by the vehicle operator.
The process of recovering a vehicle or any other object,
as requested, that is in water or under water, which requires the
tow operator to enter the water to effectuate the recovery.
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 39:4-56.6.
A motor vehicle employed for the purpose of towing, transporting,
conveying or removing any other motor vehicle which is unable to be
operated under its own power, for which service a charge or fee is
exacted.
A motor vehicle employed for the purpose of towing, transporting,
conveying or removing any other motor vehicle which is unable to be
operated under its own power, for which service a charge or fee is
exacted.
The process of removing wreckage from the roadway (i.e.,
the vehicle and its debris), which includes the removal of pieces
of vehicles from a crash scene, with the end result being to return
the roadway back to pre-crash conditions.
[Added 2-9-2021 by Ord.
No. 2021-01]
No person shall operate a tow truck on behalf of the Borough
of Cliffside Park or any of its agencies or conduct any towing service
on behalf of the Borough of Cliffside Park or at the request or direction
of the Police Department without first having obtained a license.
[Added 2-9-2021 by Ord.
No. 2021-01]
a.
Every applicant for a license under this chapter shall complete,
sign and verify a written application on the forms furnished by the
Borough of Cliffside Park. At the time of submission of said application,
a fee in the amount of $1,500 shall be paid which fee shall be nonrefundable
and shall be used to defray the costs incurred by the Borough in connection
with the investigation of and action on the application submitted.
b.
The application shall state:
1.
The name and address and social security number of the applicant
and its employees and, if a corporation, LLC or partnership, the name
and address and social security number/EIN of each shareholder, officer
and director member thereof;
2.
The name and address and social security number of the owner(s) of
the tow trucks, if other than the applicant;
3.
The serial numbers and registrations of each wrecker and flatbed
to be operated by the applicant;
4.
The exact location of storage areas for the equipment, such as wreckers,
flatbeds, cars and other vehicles, and the amount of available space
for the storage of vehicles towed;
5.
The name, address and policy number for all insurance required by
this chapter (inclusive of insurance cards);
6.
Power to appoint the Clerk attorney-in-fact for acknowledging service
of process in connection with the ordinance licensure;
7.
Consent by the applicant and each of its officers, agents and employees
employed by the licensee to conduct a background check, including
but not limited to criminal and motor vehicle records with the local,
state and federal authorities. Further, the licensee shall, after
the issuance of the license, notify the Clerk and the Police Chief
in writing within two days after the employment of any new employees
or change in officers or agent, at which time the licensee shall comply
with the requirements set forth in this chapter;
8.
The location or locations of premises at which the wreckers are domiciled
or garaged;
9.
The location or locations of the premises to which vehicles will
be towed, a map or diagram accurately drawn depicting the proposed
layout and size of the vehicle storage spaces, and fire lanes and
the maximum number of vehicles to be stored at such premises;
10.
A complete list of all criminal convictions, except minor traffic
violations, of the applicant or owner, partner, officers or local
office administrator of applicant;
11.
Whether the wrecker is to be used solely as an accessory use to a
gasoline service station;
12.
Acknowledging that the towing company will be included on the rotating
police tow list;
13.
The applicant's primary place of business, registered with the State
of New Jersey, located in the State of New Jersey within two miles
of the Borough;
14.
A copy of the Certificate of Occupancy issued by the municipality
for its primary place of business;
15.
Evidence that the applicant has at least three years' experience
in providing properly insured towing services;
16.
Applicants must demonstrate the ability to tow at least two vehicles
at the same time for light-duty towing calls;
17.
The applicant shall file the completed application forms with the
Police Department annually after November 1 and before November 30
of each year. Applications presented for filing after November 30
date shall not be considered and shall be regarded as failure to meet
the filing date requirement;
18.
The Chief of Police shall make a recommendation to the Borough Council
either:
(a)
Accepting the applicant; or
(b)
Rejecting the applicant; or
(c)
Upon written notification to the applicant of the existences
of any deficiencies in the application, the applicant shall have 10
days from the date of notification to cure such deficiencies and submit
same to the Clerk and the Police Chief for review. In the event that
the applicant fails to properly cure any deficiencies in the notice
within the ten-day period, the application shall be regarded as incomplete
and will be deemed rejected.
19.
All licenses shall expire yearly on December 31 of each year;
20.
The Clerk shall send a copy of the license to the Police Department
for filing and shall keep a permanent record of all licenses issued;
21.
The towing license fee shall be established annually by Council Resolution.
[Added 2-9-2021 by Ord.
No. 2021-01]
a.
A license issued under this chapter shall not be transferable, and
only one license shall be granted to an applicant. The applicant who
obtains a license shall not have any interest, direct or indirect,
in any other Cliffside Park towing license. In the event that it is
determined that a licensee does have an interest in another towing
license, that licensee shall immediately forfeit their respective
licenses.
b.
Each licensee shall produce his license whenever called upon to do
so;
c.
The assigned towing vehicle must be registered or leased for one
year to the applicant. The registration card or lease must be submitted
to the Borough with the application.
[Added 2-9-2021 by Ord.
No. 2021-01; amended 5-9-2023 by Ord. No. 2023-08]
a.
b.
Insurance requirements:
1.
Each application for a license shall be accompanied by certificates
of automobile and garage keeper's liability insurance, issued by an
insurance company authorized to do business in the State of New Jersey,
with policy limits of not less than the following:
2.
All Insurance policies shall name the municipality as an additional
insured and shall indemnify and hold harmless the municipality from
any claims for injury or property damage arising out of, or in any
way related to, the operation of a tow truck or wrecker or storage
yard, pursuant to this chapter.
c.
The municipality reserves the right to annually by resolution modify
the insurance coverage amounts.
[Added 2-9-2021 by Ord.
No. 2021-01; amended 5-9-2023 by Ord. No. 2023-08]
a.
Each applicant for a new license must meet and provide, and continue
to provide during the licensing year, the following storage requirements
for vehicles:
b.
All licenses must have sufficient storage areas on premises owned
by them or leased directly to them under a written lease. The written
lease shall be submitted annually with the application and shall contain
an endorsement, by the owner, indicating that the leasehold remains
in effect. The written lease shall contain a restriction that the
leased premises shall be solely occupied by the tenant/licensee, and
said premises shall be occupied by no other person or entity; subleasing
shall not be permitted. The lease shall be for a term of at least
18 months and shall provide a notification provision to the Clerk
if termination occurs while a license under this chapter is outstanding.
c.
Attached to the lease shall be scaled drawing on eight-and-one-half-by-eleven-inch
paper, of the area which shall include any structure or improvement
and each point of ingress and egress for vehicles.
d.
Vehicle storage spaces and lots shall conform to all requirements
of the applicable municipal building and fire codes, and shall confirm
to the ordinances of the respective municipal jurisdiction where the
storage space is located.
e.
If the storage area is not situated within the boundaries of the
Borough, a current and valid certificate of occupancy or other proof
of the legal use of the premises to store vehicles must be presented
with the application.
f.
The exterior of each storage location must be fully fenced-in, with
a fence not less than six feet in height covered in such a manner
so as to prevent visibility of stored vehicles from the street. Gates
shall be locked when the location is not attended and it shall be
continuously lighted from dusk until dawn so as to safeguard vehicles
from vandalism and/or theft.
g.
No licensee shall be permitted to pile vehicles.
h.
It being the intention of this chapter to provide persons with a
readily accessible and secure storage area for their vehicles, all
vehicles towed pursuant to this chapter must be stored in the aforesaid
location. No vehicles may be stored on any public thoroughfare, right-of-way
or roadway.
i.
The Borough shall have access to any part of designated storage location,
exterior and interior, at any time of the day or night for the purpose
of inspection and/or investigation. However, during the periods the
licensee is not the regularly scheduled licensee, access to the yard
for purposes of inspection shall be during the licensee's regular
business hours.
j.
Licensee shall prevent and prohibit any unescorted access to the
storage area by the public. Vehicles which are impounded by the Police
or other police authority and which are required to be maintained
as evidence shall be maintained in a secure indoor facility and shall
be properly roped off from other vehicles in an area which shall be
kept non-accessible to any person, including employees of the licensee,
other than a policy authority.
k.
Vehicles which have been impounded or confiscated by the Police Department
or any other duly authorized law enforcement agency shall not be released
without proper authorization from the Police Department.
l.
Vehicles shall be released between the hours of 8:00 a.m. and 6:00
p.m. Monday through Saturday. On Sundays or holidays, subject to an
additional $85 charge for after hour release for retrieval of vehicles,
Sundays, holidays, or Monday through Saturdays after or before 8:00
a.m. or after 6:00 p.m. are subject to this surcharge.
m.
(Reserved)
n.
The owner of an impounded vehicle shall be entitled to remove personal
property from such vehicle upon reasonable notice to the tow service
provider and upon appointment if said company requires same. A person's
personal property, excepting the automobile, shall not be unreasonably
withheld pending payment of fees or for any other cause without written
authorization from a police officer having a rank of sergeant, lieutenant,
captain or chief.
[Added 2-9-2021 by Ord.
No. 2021-01]
Each employee or agent of licensees under this chapter who operates
a wrecker within the municipality shall be registered upon the request
of the Police Department. The registration shall include at least
the name and address of the employee; the name of the employer; criminal
convictions, if any, of the employee; the length and type of the employee's
experience in the wrecker business and with the employer; and such
other information as may be prescribed by the Chief of Police.
[Added 2-9-2021 by Ord.
No. 2021-01; amended 5-9-2023 by Ord. No. 2023-08
a.
The governing body hereby designates the Police Department as its
designee to supervise the enforcement and provisions of this chapter
and the rules and regulations adopted hereunder.
b.
No individual, owner or operator of a wrecker shall respond to the
scene of an auto accident except upon notification by the officer
in charge of the police investigation.
c.
Nothing contained herein shall be construed to prevent an owner or
person in charge of a motor vehicle from calling a garage or tow truck
operator of his or her choice, unless the vehicle is to be or has
been towed under the authority of or impounded by the Borough and
any of its agencies including the police department or any other duly
authorized law enforcement agency.
d.
The Chief of Police, upon recommendation to the Council after Service
of Notice with the opportunity to be heard, can recommend that the
Towing Operator's license be suspended from the Call Duty list.
Suspensions shall occur, upon Due Process before the Council or its
designated hearing Officer, if deemed in violation of this chapter,
the Towing Operator shall be subject to the following suspensions.
1.
First Offense: Thirty-Day Suspension-for failing to comply with any
section of this chapter;
2.
Second Offense: Ninety-Day Suspension-for failure to comply with
any section of this chapter.
3.
Third Offense: One-Year Suspension-for failure to comply with any
section of this chapter.
|
The Chief of Police or his designee shall investigate all complaints
made by Property Owners for losses to their vehicles, complaints for
excess of charges and/or incomplete clean up, pursuant to this chapter.
|
e.
All Towing Operators who have been served Notice of any type from
the Borough pertaining to this chapter, are required to formally respond
to the Municipality within five (5) calendar days of receipt of the
correspondence. Failure to formally respond to the Borough’s
notice shall be grounds for the commencement of a Disciplinary Proceeding,
which could result in the Suspension of the Towing License pursuant
to this chapter.
[Added 2-9-2021 by Ord.
No. 2021-01]
a.
Within five business days after a licensee is requested to render
service by the municipality the licensee shall file a report with
the Police Department setting forth the following information:
1.
The make of the vehicle;
2.
The license number of the vehicle;
3.
The vehicle identification number;
4.
The number of tires on the vehicle;
5.
A description of all tools and other personal property which are
found in the vehicle;
6.
A description of the general condition of and any damage to the vehicle;
7.
If the vehicle was towed, the place from which it was towed and the
place to which it was towed;
8.
If the vehicle was stored, the place where it was stored;
9.
All other necessary and pertinent information requested by the Police
Department.
b.
In the event that the Police Department has implemented a procedure
that satisfies the requirements of this section, then, in that event,
the licensee shall not be required to comply with the filing requirement
set forth in this section. However, upon notice to the licensee that
the Police Department no longer is implementing said procedure, then
the licensee shall be required to comply with the filing of a report
in accordance to this section.
[Added 2-9-2021 by Ord.
No. 2021-01]
a.
No licensee shall maintain a police frequency radio receiver set
for the purpose of intercepting police calls in regard to disabled
vehicles except if authorized by the Chief of Police in writing.
b.
At least two amber rotating beacons or strobe lights mounted on the
highest practical location of the vehicle, visible from 360° when
in use and visible at a minimum distance of 500 feet during daylight
hours. An amber light permit, as required by the State of New Jersey,
must be filed by the licensee in the office of the Chief of Police.
c.
Safety tow lights or magnetic tow lights to be mounted upon any vehicle
being towed.
d.
At least one heavy-duty broom, shovel, crowbar or pry bar, a set
of jumper cables, flashlight, one two-pound or larger fire extinguisher
or dry chemical type, one dozen flares or similar warning devices
for placement at the scene of an accident or disabled vehicle, at
least 40 pounds of dry sand or a drying compound for gasoline and
oil spilled onto a roadway and a sufficient quantity and types of
tools to enable the tow operation to perform proper and adequate emergency
repair services for the tow.
e.
Every tow truck shall, at all times, comply with any and all state,
federal and local laws, regulations and ordinances pertaining to safety,
lighting and towing equipment requirements and shall be subject to
inspection by representatives of the Borough, including the Chief
of Police or his designee, at any time. Where applicable, all permits
required by any governmental authority relating to the equipment shall
be provided to the Borough upon its request.
f.
Every tow truck shall have the name, address and telephone number
of the official tower, by a permanently affixed or painted sign, prominently
displayed on the vehicle in such manner and of such lettering as conforms
to the provisions of N.J.S.A. 39:4-46 on the outside door panels of
both sides of the vehicle. Temporary, magnetic or other easily removable
signs are not acceptable.
g.
The licensee must be able to respond to the scene where its services
are required within 30 minutes from the issuance of a telephone notice
at any time of the day or night.
[Added 2-9-2021 by Ord.
No. 2021-01]
No police officer, agent or employee of the Borough shall be
paid, receive or accept any commission, fee money or anything of value
in connection with the removal of any vehicle from a street or road
or highway under the jurisdiction of the Borough; however, nothing
in this section is intended to prohibit any police officer, agent
or employee of the Borough from obtaining a license to operate a tow
truck or conduct any towing services within the Borough and to collect
such fees which are permitted by this chapter.
[Added 2-9-2021 by Ord.
No. 2021-01]
Persons who own or are in responsible charge of "private property"
may have a need to summons and have certain vehicles removed from
their property. The following policy shall be adhered to:
a.
The person wishing to have said vehicle summonsed and/or removed
from the property shall notify the police department;
b.
A police officer will be dispatched;
c.
The person in responsible charge of the property may sign a summons;
d.
If a summons is issued the person in charge may request that the
vehicle be removed;
e.
The police department shall provide the person in charge the phone
number for a "tow service provider."
f.
The person in charge of the property shall be advised that they may
use any Borough licensed tow service provider.
g.
No attempt to gain entry in the vehicle shall be made unless extenuating
circumstances exist, and in police presence.
h.
The licensed or private tow service provider may only charge fees
as per the municipal ordinance fee schedule.
[Added 2-9-2021 by Ord.
No. 2021-01; amended 5-9-2023 by Ord. No. 2023-08]
a.
No owner or driver of a tow truck vehicle covered by this chapter
may charge in excess of the following rates for towing, conveying,
repairing, servicing, or storage of vehicles.
b.
A vehicle shall be considered "towed" when the tow truck has hooked
up to and lifted the vehicle or part of, from the ground.
c.
If the vehicle has not yet been towed but the towing service has
already responded to the scene then the tow service provider is authorized
to charge the "road service" fee.
d.
Fees for towing and storage of private passenger vehicles damaged
in an accident or recovered after being stolen, may not exceed the
fees established by the Garden State Towing Association, Inc.
e.
Pursuant to law, the fee schedules are reviewed by the Garden State
Towing Association, Inc. on an annual basis and may be revised if
necessary. In the event that the fee schedules are revised by the
GSTA, the revised fees shall be the maximum fees that may be charged
by official towers, and this chapter shall be amended accordingly.
f.
If the towing operator is called to the scene by the Police Department
of the Borough of Cliffside Park in accordance with this chapter,
fees for towing and storage of private passenger vehicles, those damaged
in an accident or recovered after being stolen, shall be set forth
in ww.gsta.org/statepolicerates.html.
g.
Fees for other types of vehicles other than private passenger vehicles,
pursuant to paragraphs a and b of this section, shall be determined
in accordance with this section.
1.
The following maximum fee schedule for towing services shall be as
set forth in www.gsta.org/statepolicerates.html.
2.
The fee for storage services shall be as set forth in www.gsta.org/statepolicerates.html.
3.
The fees set forth for non-passenger vehicles in this section are
maximum charges that shall apply for basic towing services. The towing
operators, however, shall be allowed for winching and wrecking services
over and above the basic towing services additional fees per hour
for light-duty wrecker, per hour for medium wrecker and per hour for
heavy-duty wrecker, as set forth in www.gsta.org/statepolicerates.html.
There shall be no additional charges for any other services, including
but not limited to waiting time, clean-up costs and additional labor
when only basic towing services, as defined, are provided, www.gsta.org/statepolicerates.html.
h.
All towing operators shall post the fees for such services in a prominent
and visible location at the storage facility and shall accept as payment
cash, credit card, debit card, charge card or insurance company check
for all services.
i.
The following Fee Schedule will apply to all Borough-owned vehicles
and any vehicle designated as "exempt vehicle" by the Chief of Police.
These vehicles will be exempt from the fee schedule set above and
the following fee schedule will be applied.
[Added 2-9-2021 by Ord.
No. 2021-01]
Every owner and operator of a tow truck shall maintain a written
schedule of all rates and charges in compliance with the limitations
set forth in this chapter and shall make the schedule or rates available
to any person requesting them at any time. Every tow truck operator
shall have conspicuously displayed on their vehicle or at the storage
facility the following statement: "Service, towing and storage charges
are regulated by municipal ordinances and will be made available upon
request."
[Added 2-9-2021 by Ord.
No. 2021-01; amended 5-9-2023 by Ord. No. 2023-08]
a.
An abandoned vehicle means any vehicle so designated by an authorized
representative of the police department. Removal is to be performed
under the direction and supervision of the police department 24 hours
a day, seven days a week, anywhere within the municipality.
b.
All abandoned vehicles must be removed by the tow service provider
called by the police department within one-half hour after notification
by the police department. Failure to do so will be documented and
filed with the traffic bureau.
c.
The municipality shall retain the right to have abandoned vehicles
towed to its own property and retain the vehicle and/or monies realized
from the sale of such vehicles. If the municipality should take possession
of said vehicle or dispose of the vehicle the tow service provider
would be entitled to fee per this chapter, not to exceed $1,250.
[Added 2-9-2021 by Ord.
No. 2021-01]
Every licensee shall, upon removal or towing of any vehicle
without the express consent of the owner or driver thereof, immediately
notify the police department, of the year, make, model and license
number of the vehicle, the location from which the vehicle was removed
and the location which the vehicle was removed to and the place of
storage thereof.
[Added 2-9-2021 by Ord.
No. 2021-01]
Licensees shall notify the Police Department, Traffic Bureau
within five calendar days of the towing of any vehicle.
[Added 2-9-2021 by Ord.
No. 2021-01]
a.
The municipality shall limit the issuance of towing licenses to no
more than six licenses per year. The Borough of Cliffside Park shall
maintain a list of applicants on a first-come-first-served basis to
be contracted in the event that an existing license becomes available
for issuance, at which time an application may be filed in accordance
to this chapter.
b.
All licenses issued and existing at the date of adoption of this
chapter shall continue to be in full force and effect and shall be
considered as having priority for renewal and reissuance as long as
there has been no violation of this chapter by the licensee which
would cause a forfeiture of the existing license, and all requirements
of this chapter shall be complied with by the licensee for reissuance
of said license.
c.
Should any existing licenses be forfeited or not renewed by the Council
as a result of abandonment, forfeiture or noncompliance with this
chapter as amended, then such licenses that exceed the number specified
herein at the Council's discretion, be retired or reissued.
[Added 2-9-2021 by Ord.
No. 2021-01; amended 5-9-2023 by Ord. No. 2023-08]
a.
The police department shall establish and publish a call list for
all licensees selected by the Council for the performance of towing
services with the municipality. Each licensee agrees with the municipality
to provide 24 hours; towing and other emergency services upon such
terms and conditions not inconsistent with the provisions of this
chapter. The call list shall be in alphabetical order and shall be
rotated so as to provide equal treatment to all licensees. Any licensee
shall be removed from the call list upon:
b.
No Shows.
1.
If during normal business hours the tow truck does not arrive on
scene within 20 minutes of request, 20 minutes after business hours,
(on "Call-Day"), and the desk officer shall make a second call to
that company. If the called tow service provider does not arrive on
scene within 10 minutes of that second request, the desk officer shall
formally advise the department’s traffic officer who will note
the same in the municipalities’ "Tow Log." The Police Department
shall call the next listed tow service provider. This procedure shall
also apply to the tow service provider called on an "off day."
2.
The Borough reserves the right to revoke the tow license from non-complaint
towing companies.
[Added 2-9-2021 by Ord.
No. 2021-01; amended 5-9-2023 by Ord. No. 2023-08]
All fees shall be established annually by resolution and shall
be incorporated herein as if set forth in their entirety.
a.
Annual
application fee: $2,000.
