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Borough of Franklin Lakes, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as Sec. 4-3 of the 1988 Code; amended in its entirety 12-20-2016 by Ord. No. 1694. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 461.
Vehicles and traffic — See Ch. 470.
[Amended 6-18-2019 by Ord. No. 1788]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
Any motor vehicle or vessel partially dismantled or not readily capable of operation under its own power or not currently licensed or 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.
ABSORBENTS
Any group of products used to soak up spills or vehicle fluids. These would include oil dry, absorbent pads, socks, booms, etc.
ADMINISTRATION CHARGES
Charges for services including but not limited to physical inspection, telephone and/or fax calls, copying of documentation, removal of personal items and additional office paperwork before and at the time of release.
AIR CUSHION RECOVERY
Use of any number of inflatable lifting apparatus (commonly referred to as "air cushions" and/or "air bags") used to lift, under controlled recovery movements, any objects (e.g., automobiles, trucks, tractors, tractor and semi-trailer combinations) either on and/or off the roadway, aircraft, underwater recovery and realignment of shifted loads inside semi-trailers.
BASIC TOW
Private property towing and other nonconsensual towing as defined in this section and other ancillary services that include the following: arriving at the site from which a motor vehicle will be towed; 15 minutes' waiting time; hooking a motor vehicle to, or loading a motor vehicle onto, a tow truck; transporting a motor vehicle to a storage facility; unhooking or unloading a motor vehicle from the tow truck; and situating the motor vehicle in the space in which it will be stored. "Basic tow" also includes issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; issuing an itemized bill; three trips to the motor vehicle in storage, which, if applicable, include making a vehicle available to an insurance appraiser or adjuster; issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; and retrieving a motor vehicle from storage during the hours in which the storage facility is open.
COLLECTION EXPENSE
Cost of fees spent in an attempt to secure payment for services rendered.
COLLISION WRAP
Used in an attempt to cover exposed areas from the weather elements.
CRANE/ROTATOR
Use of specially manufactured vehicle that has an extendable boom that rotates to recover vehicles that need to be recovered from unusual situations.
A. 
Refers to the 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.
B. 
Refers to the removal of debris at the point of impact, as well as along the path of preimpact and/or postimpact, where vehicle disintegration and/or other property damage occur as a result of the motor vehicle accident or incident.
DISABLED VEHICLE
A vehicle which has been abandoned, impounded or rendered inoperable as a result of a mechanical failure or involvement in an accident. A vehicle, the location which constitutes a hazard to the motoring public, shall be deemed disabled for the purposes of this chapter.
DISPOSABLE BAG
Used to carry away used absorbents, car parts, glass, etc.
DOCUMENTATION FEE
Cost of photographing, maintaining timeline, written explanations used to explain nature of crash/recovery to assist insurance company/vehicle owner understand the incident and substantiate charges.
FUEL SURCHARGE
Applied to towing bill when cost of fuel is over the predetermined amount. Federal fuel surcharge will be applied to all towing and/or flatbed services as follows:
Cost Per Gallon
(in cents)
Rate Adjustment
(percent)
Cost Per Gallon
(in cents)
Rate Adjustment
(percent)
130 and below
0
260.1 to 270
14
130.1 to 140
1
270.1 to 280
15
140.1 to 150
2
280.1 to 290
16
150.1 to 160
3
290.1 to 300
17
160.1 to 170
4
300.1 to 310
18
170.1 to 180
5
310.1 to 320
19
180.1 to 190
6
320.1 to 330
20
190.1 to 200
7
330.1 to 340
21
200.1 to 210
8
340.1 to 350
22
210.1 to 220
9
350.1 to 360
23
220.1 to 230
10
360.1 to 370
24
230.1 to 240
11
370.1 to 380
25
240.1 to 250
12
380.1 to 390
26
250.1 to 260
13
390.1 to 400
27
HEAVY-DUTY TOW TRUCK
Commercial manufactured truck with wrecker body used to tow and recover commercial-type vehicles over 26,000 GVW as well as passenger vehicles unable to be recovered by other means. A tow truck with dual wheels, capable of towing large trucks and shall meet the following minimum requirements: GVW 30,000 pounds to 50,000 pounds; GCWR 80,000 pounds; boom rating of 50,000 pounds; winch rating of 50,000 pounds; cable size and length: 5/8 inch and 200 feet; equipped with chassis lift; under-reach retracted rating 25,000 pounds and extended rating 12,000 pounds.
HEAVY-DUTY VEHICLE
Any vehicle with a gross vehicle weight rating of 16,001 pounds or greater.
HYDRAULIC FLATBED CAR CARRIER
Commercial motor vehicle designed exclusively to transport motor vehicles that 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.
IMPOUNDMENT
The storage of a motor vehicle upon the order of a law enforcement agency.
INCIDENT
Any recurring or nonrecurring event that created a diminished capacity to roadway function or threatens the environment.
INCIDENT MANAGEMENT ESCORT AND SUPPORT VEHICLE
A truck or trailer containing assorted supplies to mitigate the impact of incidents i.e., spill control, traffic control, auxiliary lighting, cleanup materials and equipment.
INSIDE SECURED STORAGE
When a motor vehicle is placed inside a secured facility at the request of the vehicle/owner/operator or at the request of law enforcement agency for preservation purposes; e.g., owner/operator request antique or classic motor vehicle and/or an expensive luxury motor vehicle and/or law enforcement request for preservation of further law enforcement investigation.
LABOR
The additional work done at the scene by the tow truck operator that is beyond that required to perform a basic tow, or any additional manpower needed to complete a recovery, winching or towing of a vehicle. Labor charge for additional manpower shall be based on a per-man, per hourly rate with a one-hour minimum.
LIGHT-DUTY FLATBED
A car carrier of the rollback-and-tilt type, with dual wheels, capable of removing and transporting passenger cars damage-free and shall meet the following minimum requirements: GVW 14,500 pounds; winch rating of 8,000 pounds; cable size and length: 3/8 inch and 50 inches; bed length: 16 feet; bed width: 84 inches inside side rails; wheel lift retracted rating: 6,000 pounds; and extended rating: 3,000 pounds.
LIGHT-DUTY TOW TRUCK
A tow truck with dual wheels used to tow and recover small light-duty vehicles up to 10,000 pounds. A light-duty tow truck shall meet the following minimum requirements: GVW 14,000 pounds; GCWR 18,000 pounds; boom rating of 8,000 pounds; winch rating of 8,000 pounds; cable size and length: 3/8 inch and 100 feet; wheel lift retracted rating: 6,000 pounds; and extended rating: 3,000 pounds.
LIGHT-DUTY VEHICLE
Any vehicle with a gross vehicle weight rating of less than 8,000 pounds.
MEDIUM-DUTY FLATBED
A car carrier of the rollback-and-tilt type, with dual wheels, capable of removing and transporting small trucks, full-size vans, or large passenger cars damage-free and shall meet the following minimum requirements: GVW 18,000 pounds; winch rating of 8,000 pounds; cable size and length: 3/8 inch and 50 inches; bed length: 19 feet; bed width: 84 inches inside side rails; wheel lift retracted rating: 6,000 pounds; and extended rating: 3,000 pounds.
MEDIUM-DUTY TOW TRUCK
A tow truck with dual wheels used to tow and recover small commercial-type vehicles up to 26,000 pounds GVW or passenger vehicles unable to be recovered with light-duty tow truck or flatbed. A medium-duty tow truck shall meet the following minimum requirements: GVW: 18,000 pounds; GCWR: 30,000 pounds; boom rating of 16,000 pounds; winch rating of 16,000 pounds; cable size and length: 1/2 inch and 200 feet; wheel lift retracted rating: 10,500 pounds; and extended rating: 8,500 pounds.
MEDIUM-DUTY VEHICLE
Any vehicle with a gross vehicle weight rating of between 8,000 pounds and including 16,000 pounds.
MILEAGE CHARGES
Are calculated on a loaded mile basis.
OFF-ROAD RECOVERY
Use of specialized equipment or tow truck to retrieve a vehicle that has left the roadway.
OUTSIDE SECURED
A vehicle storage facility that is not indoors and is secured on all sides by a fence, wall, or other man-made barrier at least six feet in height. The facility must be locked when attendants are not present and must be lighted at night.
OUTSIDE UNSECURED
A vehicle storage facility that is not indoors and does not meet the criteria of outside secured.
POLICE
The Police Department of the Borough of Franklin Lakes or any jurisdiction having authority in the subject matter.
PORTABLE DOLLYS AND/OR PORTABLE GO-JAK® TYPE DOLLYS
A set of wheels installed under either end of a vehicle in order to facilitate its movement. Use of this type equipment would incur an additional labor charge.
POSTINCIDENT EXPENSES
A host of services provided to the customer's vehicle after the vehicle has been removed from the scene.
RECOVERY
When the tow operator applies his knowledge in a skillful manner to preserve the condition of the motor vehicle while winching and/or lifting the damaged vehicle back to a normal towing or loading position.
RECOVERY SUPERVISOR/COORDINATOR
A trained individual who utilizes his expertise to facilitate a safe and effective response to an incident through direct instruction to other employees dealing with the other responders or physically creating the conditions needed to terminate an incident.
ROAD SERVICE
Use of a tow truck or service vehicle to attempt to repair a vehicle at the point of the breakdown.
ROADWAY CLEANUP
The sweeping and removal of all debris left on the roadway as a result of an accident or incident.
ROTATIONAL DUTY SERVICE LIST
An annual list the Police Department will establish to separate general-duty and heavy-duty and AAA duty rosters who have been approved pursuant to this chapter.
SOURCE
United States Military Traffic Management Command.
SPECIALIZED EQUIPMENT
Use of a wide variety of primarily, but not limited to, construction-type equipment not normally considered towing equipment used to access or clean up a recovery scene of wreckage.
SPECIALIZED FLATBED CARRIER EQUIPPED 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.
A. 
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. Storage is charged per calendar day or any part thereof.
B. 
When a motor vehicle is placed in an outside, secured storage facility that 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.
SUBCONTRACTOR
Use of other commercial business to provide services needed that tower does not possess. Tower invoices a handling charge on top of subcontractor's invoice charge.
TARPING
Covering or recovering a vehicle to prevent against further weather damage or unauthorized access.
TOW TRUCK
Commercial motor vehicle designed exclusively to lift motor vehicles that have become disabled, wrecked, recovered stolen and police impounded by means of lifting from the front or rear by the following methods:
A. 
Sling type: mechanical or hydraulic.
B. 
Wheel lift type: mechanical or hydraulic.
TOWING
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.
TRAILERING
The use of Landall-type recovery unit to transport anything that is too large to be flatbedded or would be damaged if towed in another manner.
WAITING TIME
Additional time a tow operator spends at the scene other than the time required for the actual tow and/or recovery.
WATER RECOVERY
The process of recovering a vehicle or any other object as requested that is in water or underwater.
WILLFUL ABANDONMENT
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.
WINCHING
The process of moving a motor vehicle by the use of additional chains, nylon slings and additional lengths of winch cable from a position that is not accessible for direct hookup by conventional means for towing and/or loading onto a tow vehicle. Winching is not pulling a vehicle onto a flatbed carrier or lifting a motor vehicle by conventional means (tow sling, wheel left, etc.).
WRECKING
The process of removing wreckage from the roadway, e.g., the vehicle and its debris, that includes the removal of pieces of vehicles from a crash scene with the end result being to return the roadway back to precrash conditions.
No person shall engage in the business of operating wreckers or tow trucks within the Borough without first obtaining a license therefor.
A. 
Every applicant for a license under this chapter shall complete, sign and verify a written application, in duplicate, on forms furnished by the Police Department.
B. 
The application shall state:
(1) 
Name and address of the applicant.
(2) 
Residence address and full local address, if any, of the applicant.
(3) 
A list of serial/VIN number and registration certificates of each vehicle to be operated by the applicant.
(4) 
Location of storage area for wreckers and cars and the amount of available space for storage of towed cars.
(5) 
Policies or certificates of insurance coverage as hereinafter provided.
(6) 
Consent to appointment of the Borough Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.
(7) 
Agreement to be available for release of towed vehicles during normal operating business hours.
[Amended 6-18-2019 by Ord. No. 1788]
(8) 
Agreement to be available to tow vehicles 24 hours per day, seven days a week.
(9) 
Names and addresses of three business references.
(10) 
Sketch plan showing the location of the storage area, the number of cars that can be stored, and the total square footage area of the outside secured storage area.
(11) 
Proof of ownership or lease of the outside secured storage area.
(12) 
Proof of ownership, lease or other written agreement demonstrating availability of the vehicles which will be utilized to provide services pursuant to this chapter.
(13) 
Agreement to indemnify and hold the Borough, its officers, agents and employees harmless from any and all liabilities, claims, costs, penalties, fines, and attorney's fees arising out of the towing, wrecking, storage and/or emergency services provided by the tow vendor at the request of the Borough pursuant to this chapter.
(14) 
A detailed description of any and all disciplinary proceedings and/or investigations pertaining to the applicant and its employees, as it relates to the towing business.
(15) 
Identity of any and all criminal arrests and offenses for all officers and employees of the applicant, indicating the date of the incident or arrest, type of offense, court disposition of charges, including the sentence imposed.
(16) 
The consent of the applicant and all employees to a criminal background check and driver's license abstract search and the social security number, driver's license number and date of birth of such persons for purposes of conducting criminal background checks.
(17) 
A detailed itemization of all of the applicant's equipment to ensure compliance with § 446-11 of this chapter.
A. 
The applicant shall file the completed application forms in duplicate with the Police Department of the Borough along with $150 application fee.
B. 
The Chief of Police or an officer assigned by him shall conduct a review and shall recommend either approval or denial of the application within 21 days of the filing of the application.
C. 
The Chief of Police or an officer assigned by him shall be charged with the investigation of prospective licensees and shall recommend the issuance of a license when he finds that:
(1) 
The public convenience and necessity require the proposed wrecker service for which application has been submitted.
(2) 
The applicant and all employees are fit and proper persons to conduct or work in the proposed business.
(3) 
The application submitted by the applicant complies with the requirements of this chapter and all other applicable ordinances of the Borough.
D. 
Inspection; recommendations. After such examination of the applications and such inspections as the Borough Chief of Police may consider necessary to evaluate the applicant's compliance with, and ability to continue to comply with, the requirements of this chapter, the application shall be approved or denied by the Chief of Police or his designee based upon his examinations, inspections, and evaluations.
E. 
Applicants and licensees shall cooperate with any and all investigations conducted by the Borough of Franklin Lakes Chief of Police or his designee or other law enforcement agency working in conjunction with the Borough Police. The requirement of cooperation shall continue throughout the period of the application and the duration of the license and the storage of vehicles (even if license is no longer in effect).
F. 
Basis for denial of license. A license may be denied following the examination of the application and inspections, in the sole discretion of the Chief of Police or his designee, for reasons including, but not limited to:
(1) 
Fraud, misrepresentation or false statements in the application;
(2) 
Incomplete or inaccurate application;
(3) 
Criminal history;
(4) 
Inability to provide safe, prompt and efficient services pursuant to the requirements of this chapter; or
(5) 
The inability and/or refusal to meet any of the requirements of this chapter.
A. 
The Police Department shall promptly notify the applicant of the approval of its application and shall issue the license.
B. 
The license shall contain the following:
(1) 
Name and address of licensee.
(2) 
Number of the license and amount of fee paid.
(3) 
Date of issuance of the license and expiration date.
(4) 
Signature of Police Chief.
[Amended 6-18-2019 by Ord. No. 1788]
C. 
All licenses shall expire on December 31 of the year issued unless an earlier expiration date is indicated on the license.
D. 
The Police Department shall keep a record of all licenses issued.
E. 
The license fee for the license issued under this chapter shall be $500 to be paid upon issuance of the license. No portion of this fee shall be prorated for any part of the year.
[Amended 6-18-2019 by Ord. No. 1788]
The Chief of Police shall establish a tow vendors' rotational duty service list. The Police Department shall call the towing operators in sequential order as set forth by the Chief so that each towing operator will be given the opportunity to respond to individual calls as received by the Borough. There may be multiple rotational lists maintained to provide for the different types of towing services, such as passenger vehicle tows and heavy duty. The Police Department shall have the right to call the next towing operator on the list should a towing operator fail to respond to a call within 30 minutes or if the first operator called cannot be reached by telephone or advises that he or she is unable to respond.
A. 
A license issued under this chapter shall not be transferable.
B. 
Each licensee shall produce his license whenever called upon to do so.
[Amended 6-18-2019 by Ord. No. 1788]
A. 
Fees. Towing fees and other charges shall conform with the schedule of fees as adopted by New Jersey State Police/GSTA rates published and updated on annual basis. A copy of said schedule of fees is available for review in the Police Department.
B. 
Heavy-duty recovery requirements.
(1) 
To perform heavy-duty vehicle recovery under this section the licensee must:
(a) 
Visually document the recovery scene through photos or videotape.
(b) 
Prepare a written report of all procedures employed, actions taken, equipment used and manpower requirements to complete the recovery process in the safest manner and provide a copy to the vehicle owner with the statement of services.
(c) 
Prepare an itemized billing invoice for all services rendered.
(2) 
If the licensee finds it necessary, due to the manner of the recovery, to contract additional recovery service to supplement its equipment and manpower recovery, the contracted service providers must work under the supervision of the licensee. The licensee may not subcontract the entire recovery. In the event that a heavy-duty operator is unable to handle the recovery, then the next heavy-duty wrecker on the rotational list shall be called.
C. 
All tow contractors licensed and authorized to operate in Franklin Lakes shall be required to respond to calls for emergency roadside service. Tow trucks responding to calls for emergency roadside service must be equipped to jump start vehicles and change tires, and must have a spare tank of at least two gallons of gasoline and two gallons of diesel fuel.
D. 
If a vehicle is towed by a licensee to premises controlled by the Franklin Lakes Police Department or any other agency designated by it for the purpose of utilizing the vehicle or its contents as evidence, or in an ongoing criminal investigation, such vehicle shall not be released from Police Department custody, except to the licensee, unless the owner of the vehicle furnishes the Police Department with a receipt that all applicable fees for towing and/or service have been paid in full. A second fee may be charged if the vehicle is removed to the licensee's storage area or other destination desired by the police or owner.
E. 
In the event the Borough directs that a towed vehicle not be released by the tower because the vehicle is subject to an ongoing police investigation, no storage fee shall be charged to the Borough.
F. 
Notice of fees. Tow contractor shall at all times have a copy of the fee schedule set forth by this chapter displayed in visible sight for public inspection at its place of business. All tow trucks shall have a copy of schedule of fees available, if a vehicle owner should request. Any charges to a vehicle owner where the copy of the fee schedule set forth by this chapter was not on display or readily available by tow truck operator when requested by vehicle owner shall be considered a violation of this chapter and shall preclude the tower from charging the vehicle owner for the services rendered. Failure to provide said notice shall also be considered a violation of this chapter and shall subject the tower to fines set forth by this chapter and a loss of license.
G. 
Release of vehicles.
(1) 
The owner of a vehicle impounded by the Franklin Lakes Police Department (vehicles taken under legal authority or without the owner's consent) shall pay an impound fee of $75 to be collected by the tow vendor on behalf of the Borough of Franklin Lakes in order to have the vehicle released. This fee is in addition to any towing or storage fees charged by the towing vendor. This fee will be paid by the owner to the tow vendor prior to release of the vehicle. The tow vendor will collect the impound fee and submit the fee monthly to the Borough of Franklin Lakes Police Department along with their copies of the tow receipts. A fee of $50 shall be due and payable to the tow vendor for each check returned for insufficient funds or for any other reason. Upon payment of the appropriate storage fee and authorization from the Franklin Lakes Police Department, where applicable, the tower shall release the towed vehicle to the vehicle owner or an authorized designee. The tower is not required to release a vehicle after normal operating business hours. In the event the tower is available to release a towed vehicle after normal operating business hours, then the tower shall be entitled to an after-hours vehicle release fee in accordance with the schedule of fees as adopted by the New Jersey State Police/GSTA Fee Schedule. If the owner of a towed vehicle has not contacted the tow vendor within seven days to discuss its intent regarding the vehicle in the tow company's possession, the towing vendor shall request title and lien information from the Franklin Lakes Police Department's authorized service company, and if no such company is contracted, directly from the FLPD. Tow vendor shall notify the owner and any lienholder via certified mail immediately upon receipt of title and lien information. If notification is required to owner and/or lienholder, a notification fee in accordance with the schedule of fees as adopted by the New Jersey State Police/GSTA Fee Schedule may be applied.
(2) 
The notice shall be sent certified mail and contain the following:
(a) 
The name and address of the owner of record and the holder of any security interest;
(b) 
The location where the vehicle is being stored;
(c) 
Schedule of costs imposed for storing the vehicle and instructions explaining how owner of record or the security interest holder may claim the stored vehicle;
(d) 
A statement that a sale or disposal of the motor vehicle will occur in accordance with N.J.S.A. 39:10A-1 through 39:10A-7 if the vehicle is not claimed within 30 days.
(3) 
The address of the owner and lienholder as shown on the records of the New Jersey Motor Vehicle Commission, or any other state's equivalent agency, shall be deemed sufficient for the purpose of this chapter.
H. 
Vehicles not claimed. Vehicles not claimed within 30 days shall be deemed abandoned and procedures set forth in Chapter 461 and N.J.S.A. 39:10A-1 through 39:10A-7 shall apply.
The tow contractor shall maintain, during the life of its license, insurance policies of the type and with the minimum limits indicated below and in a form satisfactory to the Borough. The tow contractor shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the Borough prior to commencement of work.
A. 
Garage liability insurance. Limit of liability shall not be less than $500,000 combined single limit (bodily injury and property damage) per occurrence, including premises operations and products/completed operations.
B. 
Automobile liability insurance. Limit of liability shall not be less than $500,000 combined single limit (bodily injury and property damage) per occurrence.
C. 
Garage keepers' legal liability insurance. Physical damage insurance policies shall be specifically endorsed to provide direct primary insurance, where applicable, for vehicles in tow, possession of, or storage on property owned or controlled by the tower. Limit of said coverage shall be not less than $100,000.
D. 
Excess umbrella insurance. Limit of liability shall be not less than $1,000,000 providing protection in excess of the $500,000 garage and auto liability coverage. This requirement may be waived if the limits of liability in Subsections A and B are not less than $1,500,000 combined single limit.
E. 
On all liability policies, the Borough shall be added as an additional insured, and insurance certificates shall indicate such coverage as primary coverage notwithstanding any insurance carried by the Borough.
F. 
Workers' compensation insurance. New Jersey statutory coverage, including employers' liability coverage with a limit of at least $500,000/$500,000/$500,000.
G. 
The tow contractor shall indemnify the Borough and the public against any loss due to injuries, accident or damages of any character whatsoever where any such damage is the result of act or omission of the tow contractor, his agents or employees in or due to the execution of the work called for under the contract.
H. 
Certified copies of all insurance policies provided above or certificates thereof satisfactory to the Borough shall be provided. Each such policy or certificate shall contain a provision that it is not subject to change, cancellation or nonrenewal unless 30 days' prior written notice, via certified mail/return receipt, shall have been given to the Borough by the tower's insurer. These must be received 30 days prior to commencement of work.
I. 
The providing of any insurance required herein does not relieve the tower of any of the responsibilities or obligations as assumed by the tow contractor for which the tow contractor may be liable by law or otherwise.
J. 
If any policies contain deductibles or copayments, it shall be the responsibility of the tow contractor to pay such sums at the same time a claim is settled by the tow contractor's insurance company.
K. 
If any policies contain limits of liability with an aggregate limit, the tow contractor or tow contractor's insurance company shall provide the Borough, quarterly during the policy period, a statement evidencing the limits of liability required under the contract to be in force.
L. 
Failure to provide and continue in force such insurance as required above shall be deemed a violation of this chapter and shall be cause for immediate revocation of the tow contractor's license.
M. 
All policies shall be written by either a company licensed to do business in the State of New Jersey or a New Jersey eligible surplus lines company, with a minimum Best rating A-X. They shall be written on an ISO (Insurance Services Office) form or better.
No license shall be issued to an applicant hereunder unless he or his employees will be available at his business premises on a twenty-four-hour basis to tow disabled vehicles. Said business premises shall be located no further than six miles from the border of the Borough of Franklin Lakes.
No license shall be granted to a wrecker unless and until he has appointed the Borough Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service of any court of competent jurisdiction to be served against the applicant.
In addition to all of the other requirements and regulations contained herein, all tow vendors will comply with the following requirements:
A. 
All wreckers must have sufficient storage area on their own premises to store not less than 10 towed vehicles.
[Amended 6-18-2019 by Ord. No. 1788]
B. 
Tow vendors will provide a thirty-minute response time from the time of call from the Franklin Lakes Police Department Communications Center (FLPDCC) to the time of arrival at the tow request location.
[Amended 6-18-2019 by Ord. No. 1788]
C. 
The vendor shall notify the FLPDCC if it is unable to meet the thirty-minute response time of an accepted call. Failure to do so will result in suspension of the vendor.
[Amended 6-18-2019 by Ord. No. 1788]
D. 
Vendor is to accept payment by cash, and must accept at least two major credit cards (i.e., MasterCard or Visa).
[Amended 6-18-2019 by Ord. No. 1788]
E. 
The Police Department will establish separate, general-duty and heavy-duty rosters. The Police Department reserves the right to determine which service is appropriate for a given call.
[Amended 6-18-2019 by Ord. No. 1788]
F. 
The Police Department will provide vendors with invoices to be used for all Police Department requested tow services. These forms will need to be completed and used for all tow services.
G. 
Vendors shall submit copies of all invoices to the Police Department Traffic Bureau on the first of every month and no later than the fifth of the month. Vendors will be suspended from towing if invoices have not been submitted.
H. 
Vendors are prohibited from using subcontractors unless approved by FLPD at the scene to aid in clearing the scene.
[Amended 6-18-2019 by Ord. No. 1788]
I. 
Vendors are prohibited from using tow vehicles not listed on the application. Applications may be updated at the vendor's request. Vendors will be suspended from towing if they utilize vehicles not listed on the application.
[Amended 6-18-2019 by Ord. No. 1788]
J. 
Vendors are prohibited from using tow vehicles, drivers or employees not listed on the application. Applications may be updated at the vendor's request. Vendors will be suspended from towing if they utilize drivers or employees not listed on the application.
[Amended 6-18-2019 by Ord. No. 1788]
K. 
In the event patrons are unable to pay for tow services, vehicles will be towed to the vendor's designated storage facility until payment is made. Vendors will be entitled to storage fees as set forth in § 446-7.
L. 
Vendors will tow Borough vehicles at no charge to the Borough.
M. 
All equipment shall comply with all state and federal regulations, and all vehicle operators shall possess a commercial driver's license for over 18,000 pounds.
N. 
Every tow vehicle or flatbed shall comply with 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.
O. 
Every tow vehicle or flatbed shall be properly licensed and registered with the New Jersey Division of Motor Vehicles. Every tow vehicle or flatbed shall display New Jersey commercial license plates or apportioned license plates.
[Amended 6-18-2019 by Ord. No. 1788]
P. 
Drivers of towing vehicles and flatbeds shall obey all traffic laws and regulations.
Q. 
Tow vendors shall maintain an outside secured storage area meeting the following requirements:
(1) 
The location of the storage area shall be either within the limits of the Borough or at such location outside the Borough as to facilitate reasonable towing distances.
(2) 
The storage area shall be in an area legally zoned for such use.
(3) 
The tow vendor shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this chapter. The tow vendor shall be liable for any damage incurred by such vehicles while in transit or while stored in the storage areas.
A. 
The governing body hereby designates the Police Department generally and the Chief of Police in particular as the agent to supervise the enforcement of the terms 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 police headquarters or upon request of the driver or owner of the vehicle involved.
C. 
The officers investigating accidents which require a wrecker shall get authorization from the driver or owner of the cars as to who is to do the towing.
D. 
To amplify and expedite the enforcement of the provisions of this chapter, the Chief of Police is authorized to establish a system of rotation in the assignment of wreckers when the owner or the driver declines to indicate any specific choice of a wrecker to remove the disabled vehicle.
No wrecker shall possess or exhibit flashing lights except as provided under Title 39 of the New Jersey Statutes Annotated.
[Amended 6-18-2019 by Ord. No. 1788]
Any person who shall violate the provisions of this chapter shall, upon conviction thereof, be liable to a fine of not more than $100 for the first offense. Upon the second or subsequent conviction under the provisions of this chapter, a person shall be subject to a fine not less than $100 and no more than $500 and/or revocation of the license granted under this chapter, in the discretion of the judge.
The Chief of Police shall have the authority to suspend a tow vendor from the tow vendors' rotational list for a period of up to 30 calendar days for failure to comply with any of the requirements of this chapter. For a subsequent failure to comply with any of the requirements of this chapter, the Chief of Police may remove the tow vendor from the tow vendors' rotational list for a twelve-month period. A towing operator may appeal the suspension or removal from the tow vendors' rotational list by filing a notice of appeal with the Borough Clerk within 10 business days of the Chief's decision. A hearing shall be held by the Mayor and Council within 30 days of the filing of the appeal. The Mayor and Council shall render its determination within 20 days following the conclusion of the hearing. The Mayor and Council's determination shall be final and conclusive.
A. 
Any person aggrieved by the action of the Chief of Police in the denial of a license as provided in § 446-5 shall have the right of appeal to the Mayor and Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal.
B. 
The Mayor and Council shall set a time and place for hearing of such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 446-15 for the notice of hearing on revocation.
C. 
The decision and order of the Mayor and Council on such appeal shall be final and conclusive.
This chapter shall not prevent the occasional operation at the scene of an accident, upon the request of an owner or driver of a vehicle, of a wrecker or tow truck which is owned by a person not regularly engaged in the business of operating wreckers or tow trucks within the Borough. The officer in charge at the scene of the accident has the right to deny the request of the non-Borough wrecker, if the vehicle is in an unsafe location, creating a traffic hazard, or the time for the requested tow to arrive is unreasonable.
All towers authorized under this chapter shall maintain the following records and shall provide such records to the Franklin Lakes Police Department upon request:
A. 
Date of tow.
B. 
Location of tow.
C. 
Where vehicle was towed to.
D. 
Name of vehicle owner.
E. 
Address of vehicle owner.
F. 
Telephone number of vehicle owner.
G. 
Name of vehicle driver.
H. 
Address of vehicle driver.
I. 
Telephone number of vehicle driver.
J. 
Type of tow (accident, disabled, police impound, etc.).
K. 
If off-road recovery was necessary, time and charge.
L. 
If mileage was applicable, distance and charge.
M. 
Type of storage, dates stored, and charge.
N. 
Make, VIN number, model, year, and registration of vehicle.
O. 
Date of vehicle release.
P. 
Name, address, and telephone number of person the vehicle was released to.
A. 
Required equipment. A towing operator, when filing an application for and at all times while holding a license under this chapter, shall own or lease for use in performing the services required by the license the following items of equipment:
(1) 
Two light-duty wreckers or flatbeds, both types to be equipped with wheel lift.
(2) 
One medium-duty wrecker with wheel lift.
(3) 
Two medium-duty flatbed trucks with wheel lift.
(4) 
One heavy-duty wrecker with chassis lift/under-reach.
(5) 
Above-mentioned equipment classes (light/medium/heavy) must meet the standards as defined under the definitions contained in § 446-1 of this chapter.
(6) 
Safety equipment to be carried on all trucks shall include:
(a) 
Wheel lift or chassis lift/under-reach.
(b) 
"J" hooks and chains or tie downs.
(c) 
Snatch block.
(d) 
Two high-test safety chains.
(e) 
Auxiliary safety light kit (to be placed on rear of towed vehicle that does not have functioning taillight flashers).
(f) 
Rotating or strobe amber emergency lights mounted on the top of the truck (New Jersey state issued permit required and must be in truck).
(g) 
Two white work lights facing the rear of the vehicle.
(h) 
Two safety cones with reflective strip (minimum 18 inches).
(i) 
One shovel.
(j) 
One broom.
(k) 
Steering wheel tie down.
(l) 
A two-way communication system, radio or cellular, with communication between the licensee's base and all the required trucks and from truck to truck.
(m) 
Jumper cables or jump box.
(n) 
One fuel can capable of carrying five U.S. gallons of fuel.
(o) 
Two bags of Speedy Dry or equivalent.
(p) 
Tow truck drivers are required to wear reflective clothing at all times.
B. 
Tow truck lettering. All tow trucks operated by the licensee shall be permanently lettered on both sides in accordance with New Jersey Statute Title 39. (Newly purchased vehicles will be allowed a four-week grace period, during which time a pair of magnetic signs may be used.) All licensees recognize that they are performing a service authorized by the Borough of Franklin Lakes.