[HISTORY: Adopted by the Village Council
of the Village of Ridgewood 5-9-1994 by Ord. No. 2463. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 265.
For reference purposes, this chapter shall be
known as the "Towing, Road Service and Storage of Vehicles Ordinance"
of the Village of Ridgewood.
The purpose and intent of this chapter is to
provide criteria and standard operating procedures that are reasonable,
nonexclusionary and nondiscriminatory in the selection and use of
towing operators, on a rotational basis, in providing towing, road
services and the storage of vehicles, including but not limited to
the towing of vehicles that are abandoned, disabled, illegally parked
or stolen, vehicles involved in accidents and/or those vehicles suspected
or identified by the Village as being involved in criminal activities.
As used in this chapter, the terms listed below
shall be defined as follows:
A person, firm, corporation or partnership engaged in the
business of providing towing services, road service to disabled vehicles,
and storage services of towed vehicles approved by the Village Manager
upon the Chief of Police’s recommendation. The approved towing
operator shall be registered with the New Jersey Division of Consumer
Affairs, and display such registration on all tow vehicles operating
within the Village. Any towing firm not registered with the Division
of Consumer Affairs, or having had its registration suspended or revoked,
shall not be considered an approved towing operator.
[Added 3-12-2008 by Ord. No. 3106]
The removal and transportation of a vehicle from a highway,
street or other public or private road, parking area or from a storage
facility. This chapter and the definitions herein shall not include
the recovery of a vehicle from a position beyond the public right-of-way
or berm or from being impaled upon any other object outside of the
public right-of-way or berm.
LIGHT-DUTYA vehicle conforming to the following:
Commercially manufactured chassis, rated capacity
of not less than 10,000 pounds GVWR.
Commercially manufactured lifting apparatus
with a minimum capacity of four tons.
Dual rear wheels.
Universal tow sling or wheelift with System
7 safety chains.
One snatch block, three-ton rating.
Dolly equipped.
Proper safety lights.
Amber rotation emergency flashing light.
Two floodlights to the rear of the vehicle.
One motorcycle sling.
Two-way radio.
HEAVY-DUTYA vehicle conforming to the following:
Commercially manufactured chassis, rated capacity
of not less than 32,900 pounds GVWR.
Commercially manufactured lifting apparatus
with a minimum capacity of 25 tons.
Two snatch blocks, twelve-ton rating.
Air brake hookup lines.
Tow sling/tow bar or wheelift with System 7
safety chains.
Proper safety lights.
Amber rotation emergency flashing light.
Two floodlights to rear of vehicle.
Two-way radio.
CAR CARRIERA vehicle conforming to the following:
Commercially manufactured chassis rated no less
than 10,000 pounds GVWR.
One hydraulically powered winch with a pulling
capacity of not less than four tons.
Fifty feet of 3/8 cable.
Seventeen feet or longer hydraulically operated
slide-back or tilt bed.
One snatch block, four-ton capacity.
Tie down chains.
Proper safety lights.
Amber rotation emergency flashing light.
Two-way radio.
[Added 3-12-2008 by Ord. No. 3106; amended 5-11-2011 by Ord. No.
3293; 4-14-2021 by Ord. No. 3857]
A vehicle which has been abandoned, impounded or rendered
inoperable as a result of a mechanical failure, involvement in an
accident or criminal activity. A vehicle, the location of which constitutes
a hazard to the motoring public, shall be deemed disabled for the
purposes of this chapter.
The act of storing and confining a vehicle upon an order
of the Police Department at either the towing operator's storage area
or at the Village facility as a result of abandonment, involvement
in an accident or suspected criminal activity, or disabled as defined
above.
A fee charged at time of release for a vehicle that has been
impounded by the Ridgewood Police Department. The Police Chief or
his/her designee will have discretion over the collection of this
fee.
[Added 4-14-2021 by Ord.
No. 3857]
A vehicle storage facility that is completely indoors, having
one or more openings or storage bins in the walls for the storage
of vehicles, and that is secured by a locking device on each bin or
opening.
Storage of vehicles collected as "investigative tows," at
the direction of the Village Police Department, with storage in a
manner according to "inside building storage facility" conditions.
[Added 2-11-2015 by Ord.
No. 3457]
The fee charged per calendar day of "inside building storage
facility" storage or part thereof of any vehicle a towing operator
is directed by the Village of Ridgewood Police Department to collect
and store for any subsequent investigation by any law enforcement
department.
[Added 2-11-2015 by Ord.
No. 3457; amended 4-14-2021 by Ord. No. 3857]
Any vehicle that the Village of Ridgewood Police Department
directs a towing operator to collect and store in accordance with
the definition of an "inside building storage facility" for subsequent
investigation in accordance with the law when possibly related to
a criminal matter shall be classified as an "investigative tow."
[Added 2-11-2015 by Ord.
No. 3457]
A vehicle storage facility that is not completely indoors
and that is secured by a fence, wall or other man-made barrier that
is at least six feet in height and is protected with on-site security
or an alarm system. "Outside storage facilities" shall also maintain
adequate lighting to protect stored vehicles from vandalism.
A vehicle 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 a building or outside secured.
A person, firm, corporation or partnership who or which owns
and/or operates a vehicle on the roads and highways within the Village
of Ridgewood, which vehicle, by reason of being disabled or abandoned
on the roads and highways of the Village, requires towing and/or storage.
The fee charged per calendar day or any part thereof a towed
vehicle is stored by the towing operator.
[Added 3-12-2008 by Ord. No. 3106; amended 4-14-2021 by Ord. No. 3857]
A fee paid by a light-duty towing applicant and a heavy-duty
towing applicant at time of application submittal and recurring annually
for operator's license.
[Added 4-14-2021 by Ord.
No. 3857]
A person, firm, corporation or partnership engaged in the
business of providing towing, road and storage services for vehicles.
A person who drives or otherwise operates a tow truck or
assists in any activity involving the towing of vehicles.
[Added 10-13-1998 by Ord. No. 2644]
The Chief of Police and the Village Manager
are hereby designated to administer and enforce all provisions of
the Towing, Road Service and Storage of Vehicles Ordinance.
A.
It shall be the responsibility of the Village Manager
or his designee, upon recommendation of the Chief of Police, to approve
all applications for towing operators to be utilized on a rotational
basis for the purpose of providing emergency towing, road and storage
services to the owners of motor vehicles utilizing Village roads when
he determines that the following requirements have been met by the
applicant. On forms prepared by the Village and provided by the Village
Manager or his designee, all towing operators shall submit written
documentation that they are in compliance with the qualification requirements
set forth below:
(1)
Submission of certificate of insurance. All towing
operators shall submit a certificate of insurance to the Village Manager.
Except for workers' compensation insurance, the insurance certificate
shall name the Village, its employees, agents, servants and all subordinate
or related boards and commissions as an additional insured. All certificates
shall evidence coverage with insurance companies licensed in New Jersey
and which have a AM Best Rating of "A" or better. All certificates
shall provide that the Village Manager receive 30 days' advance prior
written notice from the insurance company in the event of policy cancellation,
termination or material change. The certificate shall provide evidence
that the towing operator carries the following insurance coverage:
(a)
Comprehensive general liability, with a minimum
limit of $1,000,000 combined for bodily injury or property damage,
including contractual liability coverage for the indemnification obligations
of this chapter.
(b)
Automobile liability, with a minimum limit of
$1,000,000 combined for bodily injury or property damage. Policy to
include coverage for towing operations, including garagekeepers, comprehensive
and collision coverage for vehicles in care, custody or control of
towing operator. Garagekeeper limits to be minimum of $50,000 per
vehicle. Towing operator shall also provide at least $10,000 minimum
coverage for loss of or damage to contents of vehicles in their care,
custody and control.
(c)
Excess liability (umbrella form): a minimum
two-million-dollar limit combined for bodily injury or property damage.
B.
The towing operators agree that, to the fullest extent
permitted by law, they shall defend, indemnify and hold harmless the
Village of Ridgewood, its employees, agents, servants and all subordinates
or related boards and commissions from and against any and all claims,
suits, judgments and demands whatsoever, including, without limitation,
costs, litigation expenses, counsel fees and liabilities with respect
to injury to or death of any person or persons whatsoever, or damage
to property of any kind by whomever owned, arising out of or caused
or claimed to have been caused in whole or in part by the negligent
acts or omissions of the towing operators or any other person directly
or indirectly employed by the towing operators while in the performance
of rendering any services pursuant to the scope of this chapter.
C.
No tow truck driver, as defined herein, shall drive
or otherwise operate a tow truck or assist in any towing activity
for an approved towing operator unless such person(s) shall first
have obtained a tow truck driver's annual permit from the Village
of Ridgewood. Each driver shall submit an application for an annual
permit on forms prepared by the Village and provided by the Village
Manager or their designee. The Village Manager or their designee,
upon recommendation of the Chief of Police, or their appointed designee,
may approve such application. An application fee for a tow truck driver
permit must be paid at time of permit application.
[Added 10-13-1998 by Ord. No. 2644;
amended 5-11-2011 by Ord. No. 3293; 4-14-2021 by Ord. No. 3857]
D.
The approved towing operator(s) shall not delegate (subcontract) towing operations in the Village of Ridgewood to a subordinate firm, entity, corporation or partnership without approval of the Chief of Police or his designated representative. Upon notification from the Police Department, the selected approved towing operator shall respond with the appropriate vehicle(s) for the situation. The selected approved towing operator’s vehicles shall display the selected firm’s name on them in accordance with § 258-6, Subsection I.
[Added 3-12-2008 by Ord. No. 3106]
E.
Applications for review to be selected as an approved tow operator shall be accepted until January 1, 2022, and every three years henceforth. An application shall be valid for a three-year period, with an annual review and registering of operators and equipment by no later than January 1 of each calendar year, by the Chief of Police or their designated representative for compliance with Chapter 258 of the Code of the Village of Ridgewood. A towing application fee must be paid at time of application submittal. Failure to do so will disqualify application. Licensed towers shall submit a reapplication fee for light-duty towing operator and/or heavy-duty towing operators, to cover the administrative expenses incurred by the municipality in processing the updated annual paperwork by January 1 of each calendar year. Failure to do so will result in suspension of towing approval.
[Added 3-12-2008 by Ord. No. 3106; amended 5-11-2011 by Ord. No.
3293; 4-14-2021 by Ord. No. 3857]
A.
Any person, firm, corporation or partnership operating
a towing and storage business shall endeavor to maintain a principal
place of operation within the Village as a property taxpayer. In maintaining
a principal place of operation within the Village, any person, firm,
corporation or partnership operating a towing and storage business
shall conform to a legally approved zoning and/or site plan and shall
comply fully with all of the Village's zoning, land use and property
maintenance codes.[1] Failure to comply with the Village's zoning, land use
and development and property maintenance codes may subject any operator
to suspension from the rotational duty service list upon request to
the Village Manager from the Village's Construction Code Official,
Zoning Officer or Property Maintenance Officer. In no event shall
the principal place of operation be further than one mile from the
border of the Village of Ridgewood.
B.
Nothing herein shall preclude a towing operator from
storing its towing vehicles and equipment at another location outside
the boundaries of the Village. The storage facility, however, shall
be no further than one mile from the border of the Village of Ridgewood.
C.
All towing operators shall have a storage facility which can accommodate a minimum of five medium-sized vehicles. The storage facilities shall be lighted, fenced and/or secured in order to guarantee the safe storage of all vehicles in accordance with the minimum requirements for indoor and outdoor secured and unsecured storage facilities as defined under § 258-3 of this chapter. The storage facility, however, shall be no further than one mile from the border of the Village of Ridgewood.
D.
In addition to other equipment which is necessary
for the safe performance of towing, emergency road and storage services,
all towing operators must own and have available at least one conventional
tow truck and/or flatbed truck and/or one heavy-duty tow truck. Failure
of the towing operator to own or have available at least one heavy-duty
tow truck shall not disqualify the owner from being added to the rotation
for light-duty towing.
E.
All towing operators' trucks must be equipped with
either two-way radio and/or mobile telephone communications equipment
with their principal place of business, including their garage, and/or
facilities to ensure the proper availability of services and equipment
on behalf of the Village and motorists.
F.
All towing operators’ trucks shall be equipped
with brooms, shovels, and any other necessary street-sweeping equipment
for the purpose of clearing debris off of the roadways. The towing
operator shall, at the time of removing any motor vehicle, in response
to a Police Department request, remove from the public or private
roads or highways any motor vehicle debris or material within the
area surrounding the vehicle to be towed. Petroleum product debris
or materials, such as oil, gasoline, kerosene, or other petroleum
or chemical products, shall be removed by absorptive materials. The
absorptive materials shall then be removed and disposed off in a legal
and proper manner by the towing operator without additional charge
to the Village of Ridgewood.
[Amended 3-12-2008 by Ord. No. 3106]
G.
The towing operators' wrecker(s) and all other vehicles
shall be properly licensed and registered with the New Jersey Division
of Motor Vehicles. All towing operators' vehicles shall display New
Jersey commercial license plates.
H.
All towing operators shall have facilities and equipment
that will ensure and guarantee the furnishing of prompt and efficient
services for all standard passenger automobiles.
I.
The towing operators' company name, address and telephone
number(s) shall be prominently and permanently displayed on both sides
of all wrecker(s) and other towing vehicles.
J.
Rotation.
(1)
All towing operators selected to serve on a rotational
basis must guarantee the availability of all services to the Village
Manager seven days a week, 24 hours a day. In this respect, a towing
operator shall immediately respond to any type of towing, emergency
road service or storage call with the appropriate vehicle and/or equipment
within 20 minutes after receipt of telephone notification from the
Police Department's Dispatcher/Desk Officer. Unless heavy or unusual
traffic conditions or inclement weather within the Village prevent
a towing operator from arriving at the scene within 20 minutes, failure
to respond within the time frame shall be considered a breach of this
chapter.
(2)
In the event that a towing operator fails to respond
within 20 minutes from the time of the call, the Police Department
reserves the right to contact the next available towing operator on
the rotational list.
(3)
In the event the responding approved towing operator
cannot remove the vehicle, the Police Department reserves the right
to notify the next available approved towing operator on the rotation
list. Whenever the responding tow operator cannot remove the vehicle,
the tow operator shall forfeit the right to bill the responsible party.
[Added 3-12-2008 by Ord. No. 3106]
K.
In times of emergencies and/or natural disasters,
the Village of Ridgewood reserves the right to contact other towing
service operators who may not be on the rotational list.
L.
The owner of a vehicle involved in an accident shall
have the right, if he/she so desires, to designate a towing operator
of his/her choice.
M.
Employees of the towing operator, in responding to
a call, shall request and be afforded police assistance during the
course of providing towing, emergency road services or removal of
abandoned or accident vehicles when such employees find it necessary
to turn around, back up, tow in the opposite direction of traffic
or cross the median.
N.
A towing operator shall not permit a vehicle to be
removed from the site of a vehicular accident, the scene of a crime
or any other instance or situation without the prior approval and
permission of a police officer and/or superior at the scene.
O.
The responding towing operator shall be responsible
for the handling and management of any fluid(s) observed to have been
discharged from a vehicle, after the Fire Department has secured the
scene. All absorbed fluids and absorptive materials utilized for their
clean up at a scene, when a vehicle has been requested to be removed,
shall become the responsibility of the tow operator.
[Added 3-12-2008 by Ord. No. 3106]
P.
An approved towing operator, when directed by an officer of the Ridgewood
Police Department, shall collect any vehicle identified as an "investigative
tow," remove it, and store the vehicle as an "investigative storage,"
keeping said vehicle secure and accessible at all times to law enforcement
departments for investigative purposes, until such time that the Village
of Ridgewood Police Department authorizes, in writing, the release
of the said vehicle.
[Added 2-11-2015 by Ord.
No. 3457]
A.
The fees set forth in Chapter 145, Fees, for towing and storage rates are the maximum permitted charges that shall apply to the towing and/or storage of passenger automobiles or other vehicles. Towing operators transporting multiple passenger cars at one time shall receive the applicable fees for each vehicle transported.
B.
It shall be the responsibility of all towing operators
to provide all motorists utilizing the towing operators services with
a written schedule of fees which lists, in full, all fees to be charged
for towing, storage and road service within the Village of Ridgewood.
The list shall be presented, in writing, to the motorist prior to
the motorist being obligated to utilize the services of the towing
operator. Failure to provide the motorist with a written schedule
of fees as set forth herein prior to engaging the vehicle shall constitute
a violation of the operator's permit. To the extent feasible, fees
shall be posted on the vehicle. The written schedule of fees shall
be listed in a conspicuous place at the storage yard and at the office
of the towing operator. The towing operator shall not exceed the maximum
charges set forth on the fee schedule for towing and storage of vehicles
regulated under the provisions of this chapter.
[Amended 10-13-1998 by Ord. No. 2644]
C.
The towing and storage fee schedules of all towing
operators serving the Village on a rotational basis shall be filed
with the Chief of Police and the Village Clerk and shall be made available
to any citizen upon request. The fee schedules shall be available
at the Village Hall, 131 North Maple Avenue, Ridgewood, Monday through
Friday, except holidays, between the hours of 9:00 a.m. and 4:00 p.m.
D.
In addition, the Chief of Police and the Village Clerk
shall be informed, in writing, at least 10 business days prior to
the amendment of any towing operator's towing and storage fee charges.
Under no circumstances shall any amendments exceed the maximum amounts
for towing and storage as described below.
E.
In no instance shall the towing operator request payment
from the Village of Ridgewood for any services rendered to the owners
of private vehicles, except, however, in those cases where the Police
Department authorizes the removal of a Village-owned vehicle or a
vehicle that is abandoned or related to criminal activity.
F.
Towing and storage fee schedule. The fees in Chapter 145, Fees, represent the maximum fees permitted under this chapter. It shall be unlawful for any towing operator to charge a fee in excess of the fees prescribed in this chapter for the services regulated herein. Any service provided by a tow company that is not covered within Chapter 145 shall not have a fee that exceeds the maximum New Jersey State Police towing rate.
[Amended 3-12-2008 by Ord. No. 3106; 5-11-2011 by Ord. No.
3293; 2-11-2015 by Ord. No. 3457; 4-14-2021 by Ord. No. 3857]
(1)
(Reserved)
(2)
There shall be no premium or surcharge paid for night, weekend, or holiday towing, removal, or storage services other than the rates in Chapter 145, Fees.
(3)
Storage. The fees set forth for storage are the maximum
storage charges per twenty-four-hour period that shall apply to a
vehicle that is stored as a result of accidents, abandonments, repairs
or suspected criminal activities.
(4)
Emergency road repair services.
(a)
The fees in Chapter 145, Fees, shall be exclusive of any other repair costs provided by the towing operator, including but not limited to such activities as repairing flat tires or installing new and/or spare parts to a disabled vehicle. The towing operator shall be permitted to charge an additional fee based on the towing operator’s prevailing hourly labor rates and charges for parts or materials. Wherever applicable, it shall be the responsibility of the towing operator to first inform the owner of the vehicle of the hourly labor rates and the estimated total cost for parts and/or materials prior to the performance of the road repair services.
(b)
Emergency road service shall include jump starts, bringing up to
two gallons of fuel, and tire changes. For vehicle lockouts and emergency
road service, if a tow results, there will be no charge for the emergency
road service or vehicle lockout service, except for the cost of fuel
placed in the vehicle.
(5)
Heavy-duty wreckers. The maximum fee permitted for heavy-duty towing services shall not exceed the hourly rate in Chapter 145, Fees, at any time or on any day.
(6)
Recovery. The maximum fee permitted for the recovery of vehicles of 10,000 pounds and up shall not exceed the hourly rate in Chapter 145, Fees, which rate includes operator and vehicle.
(7)
For
heavy-duty towing, there shall be no mileage fee charged for removal
to the tower’s storage yard.
(8)
When vehicle towing, removal, and storage services are requested by the Village of Ridgewood Police Department or any other law enforcement agency, for an "investigative tow" with subsequent "investigative storage," the rates established, as set forth in Chapter 145, Fees, shall be discounted to be no more than 60% of the established rate for all classifications of vehicles, all days, evenings, and holidays. All invoices for "investigative tows" or "investigative storage" shall reflect the discount.
G.
Annual towing fee adjustment. Approved towing operators shall have the option, effective January 1 of each year, to apply a two-percent annual cost of living adjustment to the established rates set forth in Chapter 145, Fees. Fees shall conform to the requirements of N.J.S.A. 56:13-9 et al. Any approved towing operator requesting to adjust their fees shall submit to the Village Clerk, Village Manager, and Chief of Police their proposed fee changes within 15 calendar days of January 1 of each year. Upon approval of the Village Manager, with the recommendation of the Chief of Police, the approved towing operator can adjust its fees. In the absence of the Village Manager’s approval, the approved towing operator shall not be permitted to adjust its fees.
[Added 5-11-2011 by Ord. No. 3293]
[Amended 3-12-2008 by Ord. No. 3106]
Following the approval of applications by the
Village Manager, it shall be the Chief of Police’s responsibility
to establish an approved towing operators’ rotational duty service
list. The Police Department shall call the towing operators in sequential
order as set forth by the Chief so that each approved towing operator
will be given the opportunity to respond to individual calls as received
by the Village. The Police Department shall have the right to call
the next approved towing operator on the list should a towing operator
fail to respond to a call within 20 minutes or if the first approved
towing operator called cannot be reached by telephone or advises that
he is unable to respond. The Chief of Police or his designated representative
shall establish the rotational duty service list.
A.
The Chief of Police is hereby authorized to establish
reasonable rules and regulations for the supervision, inspection and
safe operation of tow trucks, wreckers and other related vehicles
and equipment in accordance with the standards outlined in this chapter.
The Chief shall maintain due vigilance over all towing operators to
make certain that the tow trucks and other related vehicles and equipment
are maintained in a safe working condition for transporting and hauling
disabled vehicles. The Chief or his duly designated representative
shall have the right at all times to inspect all towing vehicles and
related equipment which perform services pursuant to this chapter.
B.
At any time, should the Chief or his designee determine
that the vehicles and/or equipment being used are unsafe, he shall
have the power and authority to direct the immediate correction or
repair of any automotive defect, malfunction or violation of motor
vehicle regulations within a specified period of time to be determined
by the Chief. The Chief of Police is authorized and empowered to establish
and transmit from time to time to all towing operators on the rotational
list such additional rules and regulations not inconsistent with the
provisions of this chapter as may be reasonable and necessary in carrying
out the provisions of this chapter.
[Added 10-13-1998 by Ord. No. 2644[1]]
The Chief of Police shall prepare a complaint form. Complaint forms shall be available at the office of the Village Manager, at the Department of Police and at the office of each towing operator. Complaint forms shall also be carried on each towing vehicle and shall be provided to the person owning or operating a disabled vehicle, together with the schedule of fees as provided in § 258-7B. Complaint forms completed and returned to the Department of Police will be investigated by the Department of Police and, upon completion of the investigation, both the towing operator and the vehicle owner shall be apprised of the results of the investigation.
A.
The Chief of Police shall have the power to suspend
a towing operator from the rotational duty service list for a period
of up to 30 calendar days for failure to comply with any section of
this chapter. A subsequent violation may result in the permanent removal
of a towing operator from the rotational duty service list for a twelve-month
period. A towing operator may appeal the Chief's ruling of either
a suspension or a permanent removal. In such cases, an appeal may
be filed with the Clerk within 10 business days of the Chief's decision.
A hearing shall be held by the Village Manager within 30 business
days of the filing. The Village Manager shall render his determination
within 20 business days following the conclusion of the hearing. The
Village Manager's determination as rendered shall be final and conclusive
under this chapter.
B.
In addition, failure to comply with the Village's
zoning, land use and property maintenance codes[1] may subject any operator to suspension from the rotational duty service list upon request to the Village Manager from the Village's Construction Code Official/Zoning Officer and/or Property Maintenance Officer. Any towing operator suspended from the rotational duty service list for any violation of the Village's zoning, land use and development and/or property maintenance codes shall have the right to due process and appeal as set forth in Subsection A above.
Any person, firm or corporation who or which
willfully violates any of the provisions of this chapter shall, upon
conviction, be subject to a fine not exceeding $1,000 or to imprisonment
for a term not exceeding 90 days, or both. Each and every violation
of this chapter, or each and every day that any violation shall be
permitted to continue, shall be construed as a separate and distinct
violation hereof. The Police Department is specifically designated
as the enforcement office to serve and execute process for violation
of this chapter.
