[HISTORY: Adopted by the Mayor and Council
of the Borough of Madison 4-13-1992 by Ord. No. 14-92; amended in its entirety 11-25-2002. Amendments
noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 183.
The purpose of this chapter is to provide for
the nondiscriminatory and nonexclusionary regulation of local towing
and storage operators engaged in the business of removing and storing
motor vehicles, pursuant to N.J.S.A. 40:48-2.49.
The following words and terms, when used in
this chapter, shall have the following meanings:
A one-time charge per vehicle for the purpose of compensating
the Borough of Madison for the preparation of the regulating and administrating
the towing files and documentation and impounding of vehicles in the
Borough of Madison.
A private passenger automobile, station wagon, van, sport
utility vehicle or pickup truck.
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility, and other services normally incident thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
From 8:00 a.m. until 4:00 p.m., prevailing time, Monday through
Friday.
Any vehicle that is impounded for a official police investigation
and processing will be towed at owner's expense directly to the Madison
Police impound yard unless otherwise directed by the officer in charge.
The vehicle will remain until the investigation is completed by the
Madison Police Department and storage fees have been paid.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which an automobile comes in contact with
any other object for which the automobile must be towed or removed
for placement in a storage facility. This includes all situations
which are accidental as to the insured even if they were caused by
the intentional acts of a perpetrator where the perpetrator was not
the insured or not otherwise involved with the insured.
From 4:00 p.m. until 8:00 a.m., prevailing time, and all
day Saturday and Sunday.
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
Assisting a motor vehicle without towing or hookup. Service
such as providing fuel (plus cost of fuel), jump start, change flat
tire (with available spare), simple opening of vehicle lockout, etc.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
Any motor vehicle other than an automobile as defined above
and which requires heavy-duty towing. medium duty: 10,001-26,000 pounds
GVW; heavy duty: 26,001 pounds GVW and up.
Moving a vehicle by use of the cable or winch from a position
that is not accessible for direct hookup by conventional means of
loading onto a tow vehicle. It shall not include pulling a motor vehicle
onto a tilt bed or car carrier or lifting a vehicle with a conventional
tow sling.
The removal of the vehicle from the towing operator's storage
yard for the benefit of another towing operator who is taking the
vehicle from the storage site and whose tow vehicle is physically
unable to gain access to the vehicle while it is inside the storage
yard.
A.
Removal of motor vehicles. Whenever a police officer orders the removal of automobiles from private or public property, the officer shall utilize the rotation lists established in § 176-3C of this chapter.
B.
An officer may allow the driver of a vehicle involved
in a motor vehicle crash or a disabled motor vehicle to arrange for
their own selection of a wrecker to tow said vehicle, provided that
such a request does not impair traffic and will not require the officer
to remain at the scene after his normal responsibility is concluded.
C.
Towing operators.
[Amended 5-22-2006 by Ord. No. 32-2006]
(1)
Every three years the Borough Council shall establish by resolution a list of licensed towing operators pursuant to § 176-7 to be utilized by the Police Department on a rotating basis. Such list shall be utilized by members of the Police Department on a nondiscriminatory basis. Only those towing operators who meet the minimum standards of operator performance set forth in this chapter shall be included on such list. The list may be modified by Council at any time.
(2)
Applications by towing operators shall be filed with
the Borough Clerk between October 1 and November 30 of the year preceding
the renewal of the three-year towing operator list. The Borough Clerk
shall advertise in the official newspaper of the Borough the availability
of said applications on or before September 1 of the year preceding
the renewal of the list of operators.
(3)
Application.
(a)
Towing service owners applying for Police Department
towing must submit to a criminal background investigation after authorizing
the police to do so (N.J.S.A. 53: 1-20.5 et seq.). The required criminal
history check for towing service owners will include the disclosure
of any crime or lower disorderly persons offense or local ordinance
offense as well. The applying towing service owner shall be fingerprinted
according to current New Jersey State Police procedures.
[Amended 1-26-2009 by Ord. No. 1-2009]
(b)
Additionally, any and all employees of a towing
service applying for police towing who will be operating towing equipment
involved in police towing shall be required to submit for a criminal
background check. Employees of said towing companies shall be required
to complete and submit a Request for Criminal History Record Information
form for this purpose, at a cost of $18. The form for tow company
employees requires a cashier’s check, certified check or money
order payable to the Division of State Police-SBI.
(c)
Results of background checks on both tow service
owners and their employees shall be forwarded from the Chief of Police’s
office to the Borough Clerk’s office along with his recommendation
on the application.
(4)
Equipment. All towing operators shall meet the following
requirements:
(a)
For classification as an automobile towing service,
the operator must possess one flatbed-style tow vehicle and one hoist-type
tow vehicle with a sling and wheel lift.
(b)
For classification as a truck-towing service,
the operator must have one heavy-duty tow vehicle capable of towing
a fully loaded tractor-trailer weighing 80,000 pounds.
(c)
All tow vehicles must carry the following equipment:
[1]
Shovel.
[2]
Fire extinguisher.
[3]
Jumper cables.
[4]
Tire-changing equipment and portable air tank.
[5]
Jack and hammer.
[6]
Pry bar or similar tool.
[7]
Speedy Dry or similar liquid absorbent and disposal
container.
[8]
Push broom.
[9]
Two-way radio communication system or cellular
telephone.
[10]
Hazmat cleanup kit.
(d)
All towing vehicles must have amber emergency
warning lights mounted on the vehicle so as to warn approaching traffic
of their presence. The size and location of these lights must conform
to New Jersey Division of Motor Vehicle standards. The operator must
have an amber light permit.
(e)
All towing vehicles must carry a copy of the
rate schedule established by Madison Borough. Said schedule must also
be displayed in a conspicuous manner at the operator's place of business.
(5)
Facilities. Each operator must have a storage lot
and place of business within Madison Borough, or within a two-mile
radius of the Madison Borough corporate limits. The towing business
and storage lot must comply with all zoning ordinances and regulations[1] in the municipality in which they are located.
(6)
Availability and response time. Each operator must
be available 24 hours a day, seven days a week, and must respond within
20 minutes during daytime hours and 30 minutes during nighttime hours
of the original telephone call request by the Police Department.
A.
The length of the license shall be for a three-year
period. Each year shall require passage of background check by owners
and employees.
B.
The license shall not be transferable to another owner
without approval of the Borough of Madison and posting of proper fee.
C.
The Borough Council shall set the fees for the three-year
period for towing and storage. This license will take effect January
1, 2003.
D.
The application fee will be $500 for the three-year
term of the license.
E.
All complaints referring to towing service shall be
directed to the Police Department by the applicant and/or his/her
employees.
F.
It is the responsibility of the applicant to notify
the Borough of Madison at once upon cancellation of business insurance.
G.
The Borough of Madison shall not be responsible for
insurance coverage to the applicant.
A.
The applicant shall provide insurance by a state approved
licensed carrier and must indemnify the Borough of Madison.
B.
The applicant shall maintain insurance coverage as
set forth herein during the entire length of the towing contract.
C.
The applicant shall provide a certificate of insurance
indicating the applicant has the minimum coverage of insurance as
follows:
(1)
Automobile liability in an amount not less than $1,000,000
combined single limit.
(2)
Workers' compensation for all employees.
(3)
Garage keepers' liability in an amount not less than
$60,000 per location.
(4)
Garage liability in an amount not less than $1,000,000
combined single limit.
(5)
Comprehensive general liability to provide complete
protection to the borough against any and all risks of loss or liability.
(6)
Policies endorsed to provide collision coverage for
vehicles in tow.
(7)
The Borough shall be named as an additional insured.
(8)
Theft insurance on stored vehicles.
D.
The applicant shall also provide the Borough of Madison
with a hold harmless agreement, in a form satisfactory to the Borough
Attorney.
C.
Inclement weather conditions. The towing operator
may, during inclement weather conditions, such as but not limited
to snow storm, ice storm, black ice conditions, flooding, or during
a state of emergency, charge an extra 20% of the final invoice (if
towed under normal conditions) for towing services provided (See Fee
Schedule).
D.
Use of a Hazmat kit by licensed tower associated with
the cleanup of fluid spills is $75 per kit.
The Borough Council shall by public resolution
authorize the issuance of towing operator licenses after consideration
of the applications submitted in conformity with this chapter.
A.
Release of impounded vehicles. No impounded vehicle
is to be released without proper authorization from the Police Department.
Vehicle release arrangements must be available from the hours of 8:00
a.m. to 5:00 p.m., Monday through Friday, 8:00 a.m. to 12:00 noon
Saturday (excluding New Jersey state holidays). The owner of the vehicle
(or his designee) shall provide a paid receipt from the towing operator,
and then respond to the Madison Borough Police Department to arrange
for the release of his/her vehicle from the police impound yard, or
towing operator's facility, as may be the case. An invoice for the
towing service provided, (when a vehicle is towed to the police impound
yard) will be left with the vehicle, as well as the keys for said
vehicle. The Police Department will retain custody of both the invoice
and keys for all vehicles towed to the police impound yard. All transactions
of this type will be recorded in a log book, and the principal of
the towing establishment will be required to sign the log book to
acknowledge receipt of said payment. The hours for release of the
impounded vehicle shall be Monday through Friday 8:00 a.m. through
5:00 p.m. and 8:00 a.m. through 1:00 p.m. on Saturday. Appointment
for release of the vehicle shall be made through the Shift Supervisor,
who shall be responsible to ensure that all laws and procedures concerning
the release of vehicles are followed. The Borough shall supply junk
titles or good titles for abandoned vehicles in accordance with the
provisions of N.J.S.A. 39:10.1 et seq., for vehicles unclaimed over
30 days. The Borough shall compensate the towing service for the towing
bill for such vehicles unclaimed for over 30 days, for vehicles stored
in the police impound yard. A junk title shall be applied for, and
the towing invoice paid after the Borough recovers the value of the
vehicle. For any vehicles that are towed and stored by the towing
operator, the Borough shall apply for a junk title, and compensate
the towing operator for towing fees and storage, up to the limit of
the value of said vehicle.
B.
Insurance; indemnity.
(1)
Each operator on the approved lists shall furnish
the Borough Clerk with a certificate of insurance from an insurance
company satisfactory to the Borough. Each certificate of insurance
shall identify the coverage provided and shall provide that such insurance
shall not be changed or canceled without giving 10 days' prior written
notice to the Borough by certified mail, return receipt requested.
Specific reference to the rotating lists of towing operators shall
be made on all policies of insurance.
(3)
Each operator shall also provide the Borough of Madison
with a hold harmless agreement to indemnify and save the Borough harmless
from all damages and claims for damages which may be made by any person
for bodily injury or property damages resulting from the operator's
performance.
(4)
Each operator shall have an on-hook vehicle rider
on their towing insurance policy. This rider will provide insurance
should the towed vehicle become uncoupled from the tow truck during
towing operations.
(5)
The applicant shall maintain insurance for the entire
length of the towing contract and provide certificate of insurance
on an annual basis to the Borough Clerk.
C.
Enforcement. The Police Department is designated to
enforce the provisions of this chapter in accordance with due process
of law. In carrying out the provisions of this chapter, the Police
Chief is hereby authorized to adopt additional reasonable regulations
which are not inconsistent with this chapter.
D.
Abandoned or unclaimed vehicles.
(1)
Any vehicle which is not claimed by the owner within
30 days of impoundment shall be reported by the operator storing the
vehicle to the Police Department, pursuant to N.J.S.A. 39:10A-1 through
39:10A-7.
(2)
After expiration of the thirty-day period, the Police
Department shall make application for title to the Division of Motor
Vehicles as per standing general orders. Vehicles that remain unclaimed
after all requirements of the general orders are met shall be auctioned
off to recover towing costs, pursuant to N.J.S.A. 39:10A-1 through
39:10A-7.
(3)
Any operator found to be disposing of vehicles in
violation of this procedure will be charged with misapplication of
entrusted property (N.J.S.A. 2C:21-15) and will be prohibited from
providing service to Madison Borough.
E.
Rights of owners.
F.
Public inspection. This chapter, all regulations adopted
by the Police Chief and the fee schedules of individual tow operators
shall be available to the public during normal business hours.
G.
Operator dealings with public.
(1)
The operator shall always act in a professional manner
and at all times be courteous and respectful toward members of the
public, as well as representatives of the Borough of Madison. If members
of the public, especially those whose cars may have been towed or
impounded, resort to strong language, threats and unbecoming behavior
toward the operator, the operator is expected to exercise restraint
and not to respond in kind and thereby reflect unfavorably on the
Borough of Madison and/or the Police Department.
(2)
Repeated reports of discourteous behavior by the operator, which can be substantiated and documented, may be considered by the Borough as sufficient cause for removal of the operator from the rotational list of automobile towing operators and truck towing operators as established consistent with § 176-3C.
H.
Removal of towed vehicles; location for storage.
(1)
A vehicle that is removed by a towing company under
this chapter, in which the Police Department has a duty to impound
said vehicle for investigative or security reasons, shall be towed
to the Police Department impound yard and stored there, until all
investigations are completed and/or proper paperwork to support the
release of the motor vehicle back to the owner or his designee are
presented for Police Department approval.
(2)
A vehicle that is removed by a towing company that
the Police Department has no interest in (i.e. disabled motor vehicle
or one that is involved in a crash without further Police Department
investigation required) may be towed back to the towing operator's
facility, or to a location of the vehicle owner's choice, provided
the towing operator is in a position to comply with such a request.
A.
Complaint and hearing. The governing body shall have
the right to suspend or revoke any towing privileges issued pursuant
to this section for good cause upon written complaint of the Police
Chief. In the event that a towing operator fails or refuses to follow
call out schedule or refuses to retain the proper equipment, personnel
or facilities necessary to perform the services required for towing
operators, or that the services performed are not satisfactory or
violate any provision of this section, rule or regulation duly adopted,
the Police Chief shall file a written complaint with the governing
body that there is probable cause for revocation or suspension. Written
notice of such complaint and the basis of the complaint shall be given
to the towing operator and said operator shall be entitled to a hearing
before the governing body prior to final determination of the complaint
by the governing body.
B.
Penalties.
(1)
Any operator who violates any section of this chapter,
in addition to any other penalties provided by law, shall be subject
to suspension of towing privileges for one month for a first offense,
three months for a second offense and six months for a third offense.
If the operator commits a fourth offense, its right to provide towing
services to the Borough shall be permanently revoked, and the towing
operator shall be removed from the list of approved operators.
(2)
Any operator who violates the operator rate schedule
shall receive a fine of $250 and suspension of towing privileges for
one month. A second violation will result in a fine of $400 and suspension
of towing privileges for six months. A third violation will result
in a fine of $500 and permanent revocation of towing privileges.
(3)
In all cases, if an operator overcharges a vehicle
owner, the excess moneys paid shall be returned by the operator to
the owner within 10 business days.
(4)
A towing operator may be removed from the list adopted pursuant to § 176-3C, by resolution of the Borough Council, if its performance is determined to be unreliable or inadequate. If there is a breach of any of the provisions of this chapter or applicable regulations, an operator may be removed from the list by the Chief of Police pending action by the Borough Council.
(5)
Violators who are licensed as an automobile repair
facility will be reported to the Division of Motor Vehicles. Insurers
may also report violators under the provisions of N.J.S.A. 17:23-8
to N.J.S.A. 17:23-15.
[Amended 5-22-2006 by Ord. No. 32-2006; 8-27-2007 by Ord. No. 54-2007]
A.
Fee schedule.
|
Service
|
Fee
| |
|---|---|---|
|
Service call
|
$65, cars; $95, trucks
| |
|
Light-duty calls
|
$125
| |
|
Heavy-duty
|
$350 per hour
| |
|
Recovery calls
|
$150, cars; $350, trucks
| |
|
Storage rate (daily)
|
$35, cars; $85, trucks; $175, tractor-trailer
| |
|
Inside storage rate (daily)
|
$45
| |
|
Mileage rate
|
$4.50, cars
| |
|
Hourly rate (heavy and recovery)
|
$350
| |
|
Recovery rates
|
$150, cars; $350, trucks
| |
|
Sliding crane service
|
$450 per hour
| |
|
Cleanup
|
$25 minimum
| |
|
Yard/administration fee
|
$40
| |
|
Waiting time
|
$85 per hour
| |
|
Additional man/labor
|
$85 per hour
| |
|
Fuel surcharge (when applicable)
|
20% of service/tow rate
|
B.
Salvage title. If the Madison Police call out a duty
wrecker for accident or impound, and the vehicle has no value (salvage),
and the owner fails to respond for payment, then the Borough of Madison
will obtain title to the vehicle for salvage. The towing company will
absorb the storage charge until the vehicle title is conveyed to the
towing company by the Borough of Madison to discard the vehicle.
A.
The Borough of Madison assumes no liability in collecting
of bills for towing services.
B.
The applicant shall keep records of all towing for
a period of three years or each year of contract, if not renewed,
as to who was towed, vehicle plate number, vehicle identification
number, location of event, amount charged and date and time of call.
C.
The applicant shall not use a satellite storage yard
not named in the application.
D.
The applicant shall not impose any penalty on a customer
for service during normal working hours relating to pickup of vehicle
left for safekeeping.
E.
The applicant shall be responsible for the conduct
of his/her employees. The borough accepts no responsibility for their
actions, nor are they agents of the borough.
F.
The schedule for towing and storage fees shall be
in accordance with this chapter pursuant to N.J.S.A. 40:48-2.49.
G.
The need/calling-out of heavy-duty wrecker and vehicles
exceeding five tons shall be the responsibility of the designated
emergency personnel at the scene, taking into account public safety,
response time and any other existing factors that might have arisen.
The applicant may or may not have this service available. If so, they
shall be given priority over outside vendors.
H.
The Borough of Madison shall keep and maintain a separate
rotating list of towing contractors for the towing of abandoned or
junk vehicles. The collection of fees for towing these vehicles shall
be the sole responsibility of the towing contractor. The Borough of
Madison shall not be liable for these towing fees.
I.
The Borough of Madison assumes no responsibility for
the storage of abandoned vehicles taken in for safekeeping. The Police
Department shall assist the applicant in title research for proper
destruction of said vehicles.
J.
These regulations as well as related fee schedules
are available to the public during normal business hours at Borough
Hall.
K.
The Chief of Police is the municipal officer or agency
appointed to enforce the provisions of this chapter in accordance
with due process of law required by N.J.S.A. 40:48-2.49(c).
