[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.
DEBRIS CLEANUP
A.
STANDARD SITE CLEANUPRefers 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.
EXTENDED SITE CLEANUPRefers 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.
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.
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.
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.
STORAGE
A.
STORAGE CHARGES FOR A TWENTY-FOUR-HOUR PERIODThe 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.
OUTSIDE SECURED STORAGEWhen 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.
[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.
[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.
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.
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:
C. Where vehicle was towed to.
E. Address of vehicle owner.
F. Telephone number of vehicle owner.
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.
P. Name, address, and telephone number of person the vehicle was released
to.