As used in this chapter, the following terms
shall have the meanings indicated:
ADMINISTRATIVE CHARGES
Charges for post-accident services, including but not limited
to services such as physical inspection, telephone and/or fax calls,
removal of personal items and additional paperwork.
AUTOMOBILE
A motor vehicle of a private passenger or station wagon type
that is owned or leased and is neither used as a public or livery
conveyance for passengers nor rented to others with a driver, and
a motor vehicle with a pickup body, or delivery sedan, a van or panel
truck or a camper-type vehicle used for recreational purposes owned
by an individual or husband and wife who are resident of the same
household, not customarily used in the occupation, profession or business
of the owner(s).
BASIC TOWING SERVICE
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.
CATEGORY I VEHICLE
All vehicles up to 10,000 pounds gross vehicle weight (GVW).
[Amended 10-13-2016 by Ord. No. 21-16]
CATEGORY II VEHICLE
All vehicles 10,001 pounds to 26,000 pounds GVW.
[Amended 10-13-2016 by Ord. No. 21-16]
CLEAN UP (EXTENDED)
Cleanup and/or removal of debris or mechanical work to ready
vehicle for towing, the final resting point of the vehicle and the
associated debris field, 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.
[Added 10-13-2016 by Ord.
No. 21-16]
CLEANUP (STANDARD)
Cleanup and/or removal of debris or mechanical work to ready
the vehicle for towing. Includes supplies and labor to clean up an
accident scene, absorbent material, and debris.
[Added 9-13-2007 by Ord. No. 13-07; amended 10-13-2016 by Ord. No. 21-16]
INSIDE BUILDING
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.
MOTOR VEHICLE ACCIDENT
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the licensed owner
or operator of the motor vehicle even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the licensed owner
or operator of the motor vehicle.
OUTSIDE SECURED
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 locked gate. The facility is
lighted at night.
RECOVERY
Recovery can be achieved by several actions which may include
but are not limited to winching and rigging. A recovery is when the
tow operator applies his knowledge in a skillful manner to preserve
the condition of the motor vehicle while moving the damaged vehicle
to a towable position.
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof; a new twenty-four-hour
period begins at 12:01 a.m. of the succeeding day.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
VEHICLE REMOVAL CHARGE
Charge for a motor vehicle towed into the storage facility
of the primary tower that is not movable and must be towed out of
the primary tower's storage facility to a public street for towing
by the secondary tower.
WAITING TIME
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to EMS services which
must be performed and/or police investigations.
WINCHING
The process of moving a motor vehicle by the use of the cable
from a position that is not accessible for direct hookup by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
onto a tilt bed or carrier nor lifting a motor vehicle with a conventional
tow sling.
To qualify for inclusion on the list of official
towers, applicants must meet the following minimum standards:
A. Minimum vehicle requirements.
(1) Every official tower shall maintain and have available
to render services required by this chapter a minimum of one regular
tow vehicle with wheel lift, one flatbed vehicle and at least one
medium- or one heavy-duty towing vehicle of at least 26,000 pounds
gross weight. Registration documents shall be shown to the Borough
certifying registration is the same or better than the gross weight
vehicle (GWV) of the vehicle as plated on the vehicle.
(2) Vehicle classes.
(a)
Tow vehicles of 26,000 pounds gross vehicle
weight or less must be equipped with a boom or winch assembly mounted
on the chassis, a tow sling or tow bar and a wheel lift assembly or
underreach. The winch assembly must have 100 feet of at least three-eighths-inch
or seven-sixteenths-inch steel cable attached to a motor driven winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed which slides or tilts to accommodate
the transporting of vehicles.
(3) Each applicant shall submit, along with its application,
proof of ownership or lease of the vehicles which will be utilized
to provide services pursuant to this chapter.
B. Minimum equipment and reporting requirements.
(1) Every tow vehicle or flatbed shall have two-way radio
or cellular telephone capability with a dispatching center on a twenty-four-hour
basis.
(2) Every tow vehicle or flatbed shall be equipped with
the following:
(a)
At least one amber rotating beacon or strobe
light mounted on the highest practical location of the vehicles, 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 in the office of the Chief
of Police and Borough Clerk.
(b)
Safety tow lights or magnetic tow lights for
towing vehicles at night, amber or red colored.
(c)
Extra chains and cables for pulling or securing
a towed vehicle.
(d)
At least one heavy-duty broom, a shovel, a crowbar
or pry bar, a set of jumper cables, a flashlight, one two-pound or
larger fire extinguisher of dry chemical type, one dozen flares or
similar warning devices for placement at the scene of an accident
or behind a disabled vehicle, at least 10 pounds of dry sand or a
drying compound for gasoline and oil spilled on the roadway and containers
for removal thereof and a sufficient quantity and types of tools to
enable the tow vehicle operator to perform proper and adequate emergency
repair services for the tow.
(3) Every tow vehicle or flatbed vehicle shall 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 the Chief of Police or his designee
at any time. Where applicable, all permits required by other agencies
than the Borough shall be provided to the Borough upon the request
of the Borough.
(4) Every tow vehicle or flatbed vehicle shall display
the official tower's decal and shall have the name of the official
tower, by permanently affixed or painted sign, prominently displayed
on the outside panels of the vehicle (both sides). The sign shall
be at least three inches in height and diameter, visible to the naked
eye, and the names must be the same on both panels.
C. Minimum personnel requirements. Official towers shall
have available, at all times, a minimum of two drivers to provide
the services required by this chapter. All drivers employed by official
towers to provide services covered by this chapter shall meet the
following requirements and be subject to the following regulations:
(1) Be competent and able to provide minimum road service
for disabled vehicles.
(2) Have a valid commercial driver's license under the
laws of the State of New Jersey.
(3) Obey all traffic laws and regulations.
(4) Not have been convicted of a crime within the past
year.
D. Minimum storage requirements.
(1) Every official tower shall maintain an inside building
and outside secured storage area meeting the following requirements:
(a)
All official towers must have sufficient storage
area on their own premises to store towed vehicles at the licensed
site. This area must be over and above the requirement that is in
effect for requirement of parking for that site. No vertical stacking
of vehicles is permitted. Each tow vehicle must be stored at the official
tower's licensed site. All official towers located within the Borough
cannot store vehicles on the thoroughfares of the Borough, whether
under the auspices of the Borough, County of Morris or State of New
Jersey, without Borough approval. Storage of vehicles on the thoroughfares
of other municipalities wherein Borough towers are located are subject
to the requirements of those municipalities.
(b)
The location of the storage area shall be either
within the limits of the Borough or in those municipalities which
are contiguous to the Borough. In those contiguous municipalities,
the site and office must be within three miles from the border of
the Borough.
(c)
The outside storage area shall be fenced with
an acceptable screened material six feet in height. The fenced area
shall be no less than 3,000 square feet in area. The storage area
shall have a suitable gate and be installed with a locking device
or similar on site security. The facility is to be lighted at night.
(d)
The inside storage area shall be heated, well
lighted and clean.
(e)
The storage areas shall be available 24 hours
per day, 365 days per year and shall be open to the public on weekdays
during normal business hours. For weekend access, prior arrangements
need to be made between the tower and the customer. The applicant
shall prominently display the hours during which the facility will
be open on weekends. The storage area must have a building on the
premises where the official tower states it is doing business wherein
a permanently installed telephone is located which must be in the
name of the official tower and listed in at least one telephone book
promulgated with telephone numbers for residential and commercial
entities within the Borough of Rockaway. The building shall be within
sight distance and/or within 500 feet of the entrance of the storage
area. On the application for a towing license, the applicant shall
list all business hours required pursuant to the subsection for the
calendar year of the license in question, which shall not be changed
within that calendar year.
(f)
The official tower shall have an employee on
duty during all hours in which the storage facility is open. While
the official tower is serving on his rotation week and as the first
backup, the official tower shall be available for vehicle pickup 24
hours a day; at other times, the tower shall be available for pickup
of vehicles between 7:00 a.m. and 5:00 p.m. unless other arrangements
are made.
[Amended 9-13-2007 by Ord. No. 13-07]
(g)
The official tower shall not charge any additional
fee or other charge for releasing vehicles to their owners after normal
business hours or on weekends or for moving a vehicle from one location
to another in the storage area and/or any other location to anywhere
else.
(2) The applicant shall, with its application, submit
proof of ownership or lease of the storage area.
(3) The official tower shall be responsible for ensuring
the proper and safe storage of all vehicles towed pursuant to this
chapter. The official tower shall be liable for any damage incurred
by such vehicles while in transit to or while stored in the storage
areas.
E. The tower shall release a vehicle to the owner/occupier
of the vehicle no later than one hour from the vehicle's arrival at
the tower's facility or within one hour of being contacted by the
owner/occupier of the vehicle that he or she wishes to take possession
of the vehicle during normal business hours.
[Amended 9-13-2007 by Ord. No. 13-07; 10-13-2016 by Ord. No. 21-16; 6-23-2022 by Ord. No. 14-22]
A. Fees for the towing and storage of private passenger
vehicles damaged in an accident or recovered after being stolen may
not exceed the fees established by the Department of Insurance, if
any. In the event the fees are enacted and/or revised by the Commissioner
of Insurance, the enacted or revised fees shall be the maximum fees
that may be charged by the official towers, and this chapter shall
be amended annually. All charges are per vehicle unless otherwise
indicated.
(1) The following rates are applicable within the purpose
and intent of this chapter:
(a)
Towing charge.
[1]
Category I (all vehicles up to 10,000 pounds GVW): $160 per
vehicle.
[2]
Category II (all vehicles 10,001 to 26,000 pounds GVW): $250
per vehicle.
[3]
Category III (all vehicles 26,001 pounds and over GVW): $400
per hour per vehicle.
(b)
Administrative charge: $35 per vehicle.
(c)
Cleanup and/or labor charge: $75 per hour standard; $95 per
hour extended with a one-hour minimum.
(d)
Recovery.
[1]
Category I (above): $175 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
[2]
Category II (above): $275 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
[3]
Category III (above): $500 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
(e)
Road service (jump starts, lockouts, tire changes, etc.; all
passenger vehicle types): $65 per vehicle
(f)
Storage: inside building.
[1]
Category I (above): $50 per day.
[2]
Category II (above): $75 per day.
[3]
Category III (above): $100 per day.
(g)
Storage: outside secured.
[1]
Category I (above): $45 per day.
[2]
Category II (above): $50 per day.
[3]
Category III (above): $75 per day.
(h)
Vehicle removal: $50 per vehicle.
(i)
Waiting time.
[1]
Category I (above): $100 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
[2]
Category II (above): $200 per hour, to be charged in thirty-minute
increments with a one-hour minimum.
B. The towing operator must only charge the rates set
forth in this contract and in conformity with these provisions. No
other charges or fees are permitted.
C. The towing operator must not exceed those rates regulated
by the New Jersey State Department of Insurance set forth in N.J.A.C.
11:3-38.1 et seq.
D. The towing operator must provide a current and complete
rate schedule to all customers and must conspicuously display the
rate schedule at all storage facilities.
E. The towing operator must tow the motor vehicle from
the location of the police request to the towing operator's storage
facilities. This shall constitute a single tow rate.
F. The towing operator is expressly prohibited from charging
the owner of the vehicle for towing the vehicle from the original
storage facility to another storage facility affiliated with the towing
operator.
G. The towing operator is prohibited from charging a
release fee for releasing vehicles after normal business hours.
H. The towing operator must accept Visa and MasterCard
credit cards and major auto club membership cards 24 hours a day,
every date of the year.
I. The towing operator must not charge the owner any
additional fees for pulling the vehicle onto the flatbed truck. Winching
fees are only permitted to pull the vehicle back onto the roadway
and put the vehicle in proper position to hook the vehicle to the
tow truck.
J. Mileage fees are not permitted. Additionally, no other
fees or charges are permitted except as set forth above. In the event
of an extraordinary circumstance which would invoke undue hardship
to the towing operator, the Rockaway Police Department Traffic Bureau
must be notified at 973-627-1851 to obtain written approval before
the imposition of any assessment.