[HISTORY: Adopted by the Mayor and Council
of the Borough of Cresskill 4-15-1992 by Ord. No. 92-4-1067. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
For private passenger automobiles, includes vandalism, fire,
comprehensive claims and accidents caused by drunk drivers.
The removal and transportation of an automobile from a highway,
street or other public or private road or parking area or from a storage
facility but does not include recovery of an automobile from a position
beyond the right-of-way or berm or from being impaled upon any other
object within the right-of-way or berm.
A.
The Chief of Police shall maintain the names and addresses
of commercial towing companies which make applications and are approved
by the Chief of Police for the removal of motor vehicles from public
or private property within the Borough of Cresskill.
B.
In order to be approved by the Chief of Police, a
commercial towing company must comply with the following rules and
regulations:
(1)
Complete and file with the Chief of Police an application
which includes the company's name, address, responsible individual
and location of business, which must be within five miles of the Borough
of Cresskill, and the name, address and telephone number of the applicant's
insurance company.
[Amended 4-16-2014 by Ord. No. 14-05-1462]
(2)
Pay an annual application fee of $50 to the Borough
of Cresskill to compensate the Borough for administrative expenses
to implement the towing service. The deadline for filing applications
should be by December 31 of the year prior to issuance of the tow
permit.
[Amended 3-19-2003 by Ord. No. 03-04-1263]
(3)
Submit the original of a true copy of a current insurance
policy issued by an insurance company authorized to do business in
the State of New Jersey in an amount not less than $500,000 for personal
injury and $500,000 for property damage which names the said towing
company as the insured. The insurance policy must be in effect until
December 31 of the year for which the tow permit is issued.
[Amended 3-19-2003 by Ord. No. 03-04-1263]
(4)
Provide proof that the applicant owns or has access
to a vehicle which is in good condition and has a current New Jersey
inspection sticker and is registered and licensed in New Jersey. If
any other equipment or tow vehicles are needed, one of the other tow
companies will be called to assist and the vehicle to be removed shall
be taken to the tow company on call. If it is determined by the tow
company on call that heavy duty equipment is needed, an outside agency
may be called. Any driver for a basic tow service may request his
own tow service from outside of town; however, in the event of any
dangerous condition, etc., any police officer at the scene may have
the vehicle moved immediately.
(5)
Provide proof that the applicant owns, leases or has
access to a storage area for not less than 10 motor vehicles except
for inside storage located within five miles of the Borough.
[Amended 4-16-2014 by Ord. No. 14-05-1462]
C.
After approval by the Chief of Police, the applicant
shall receive a permit which shall expire on December 31 of the year
issued. In addition, the Chief of Police may revoke a permit at any
time if the permittee fails to comply with the aforementioned regulations.
D.
Refusal to approve permit.
[Added 4-16-2014 by Ord. No. 14-05-1462]
(1)
The Chief of Police may refuse to approve the permit of any applicant
if the applicant has:
(a)
Been convicted of a crime;
(b)
Been convicted of driving a motor vehicle resulting in the death
of any person or of driving a motor vehicle while under the influence
of intoxicating liquor or a controlled dangerous drug or substance;
(c)
Been convicted of violating any federal or state law relating
to the use, possession or sale of any controlled dangerous drug or
substance;
(d)
Been an habitual violator of motor vehicle laws;
(e)
Had his or her automobile driver's license issued by the State
of New Jersey suspended or revoked;
(f)
Violated any of the provisions of this section; or
(g)
Whenever for just cause the Chief of Police finds the applicant
unfit to operate a tow truck.
(2)
If the applicant is rejected, the applicant, within 10 days, may
request a personal appearance before the Mayor and Council to offer
evidence as to why his application should be reconsidered.
E.
Suspension or revocation of permit.
[Added 4-16-2014 by Ord. No. 14-05-1462]
(1)
Notwithstanding the provisions of Subsection B(4) hereinabove, the Chief of Police shall have, and is hereby granted, the authority to suspend or revoke any permit issued under this section if the permittee or any of his employees:
(a)
Is convicted of a crime;
(b)
Violates any of the ordinances of the Borough or the laws of
the United States of America or of the State of New Jersey, the violation
of which reflects unfavorably on the fitness of the permittee or his
employee to drive a tow truck; or
(c)
Performs any act which would be a basis for a denial of the
permit application.
(2)
A person whose permit is suspended or revoked may, within 10 days,
request a personal appearance before the Mayor and Council to offer
evidence as to why the suspension or revocation should be considered.
[Amended 3-19-2003 by Ord. No. 03-04-1263]
The Chief of Police shall maintain a roster
of approved applicants and each week shall designate one of the approved
companies to be first called as required. The roster shall be rotated
at 12:01 a.m. on Sunday of each week and remain unchanged through
12:00 midnight of the next Saturday. At rotation time, the company
having been previously designated as "first called" shall be placed
at the end of the list and all others on the list shall be advanced
up the list. Any new companies receiving a permit during the year
shall be placed at the bottom of the list at the time of issuance
of the permit.
The Chief of Police shall enforce this chapter
in accordance with due process of law.
This chapter, which includes the regulations
and fee schedule, shall be available to the general public in the
office of the Borough Clerk and the Police Department during normal
business hours. A fee card indicating the maximum rates for towing
and storage within the Borough of Cresskill shall be kept in the possession
of the drivers of all tow vehicles and be presented to the driver
or owner of any vehicle to be towed.
The Police Department and all members thereof
are hereby authorized to remove and tow away, or have removed and
towed away by a commercial towing service, any car or other vehicle
illegally parked in any place where such parked vehicle creates or
constitutes a traffic hazard, blocks the use of a fire hydrant or
obstructs or may obstruct the movement of any emergency vehicles.
When a motor vehicle or other vehicle is abandoned
on a street in the Borough of Cresskill, its removal may be authorized
by the Chief of Police. When an abandoned, unattended, wrecked, burned
or partially dismantled motor vehicle or other vehicle is creating
a traffic hazard because of its position in relation to the road or
its appearance is causing the impeding of traffic, its immediate removal
from the street by a towing service may be authorized by the Chief
of Police.
When a vehicle is removed from either public
or private property by either state statute or Borough ordinance,
the owner of the vehicle will be responsible for all towing and storage
costs.
No person shall be liable to any person who
tows or stores a private passenger automobile which was damaged in
an accident or recovered after being reported stolen for any fee in
excess of those permitted by the Towing and Storage Fee Schedule[1] established in this chapter.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
The schedule of fees set forth in Schedule A[1] for towing rates are the maximum charge that shall apply
to a private passenger automobile for all towing services, including
basic towing services rendered as a result of the accident or theft
recovery. There shall be no other charge for flatbedding, waiting
time, winching, cleanup cost and additional labor when only basic
towing charges as defined are provided.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
The towing rates shall be calculated based on
basic towing services within the Borough of Cresskill with a day rate
and another rate for nights, weekends and state holidays. If requested
by the owner at the time of the initial tow to be taken to other than
the storage yard of the towing company, a mileage fee of $1.75 per
mile may be charged by the towing service. Fractions shall be rounded
off to the nearest whole mile. Tow vehicles transporting multiple
passenger cars at any time shall receive the applicable fee for each
vehicle transported. When towing services are required, the day rate
shall apply when the vehicle is transported (pickup to delivery) entirely
between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday,
except New Jersey State holidays. The night, weekend and holiday rate
shall otherwise apply.
A.
The fees set forth on the schedule for storage fees[1] are the maximum storage charges per twenty-four-hour period
that shall apply to a private passenger automobile that is stored
by a person as a result of an accident or theft recovery or for any
other storage.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
C.
Interior storage must be explained to the owner/operator
of the vehicle at the time of impound, provided that the owner/operator
is available or as soon as possible thereafter.
[Added 9-18-1996 by Ord. No. 96-15-1150]
Failure of a person to abide by this chapter
as to the towing and storage of a private passenger automobile involved
in an accident, as defined, or as to basic towing charges, as defined,
may be punishable by a fine not to exceed $5,000 for the first violation,
$10,000 for the second violation and $15,000 for each subsequent violation
pursuant to N.J.S.A. 17:33A-5. For any other violation of this chapter,
the violator may be subject to imprisonment for a term not exceeding
90 days, a fine not exceeding $1,000 or a period of community service
not exceeding 90 days.
Any police officer of the Borough of Cresskill
or any other person may file a complaint in the Municipal Court of
Cresskill for any violation of this chapter.
