[Adopted 6-16-1987 by Ord. No. 5175-87; amended in its entirety 8-8-2001 by Ord. No. 6219-01]
As used in this article, the following terms
shall have the meanings indicated:
CAR CARRIER
Any motor vehicle, including a flatbed, equipped with a winch
and hydraulically operated bed which slides or tilts to accommodate
loading, and is designed for towing and/or transporting of vehicles,
trailers, motor homes and other objects which cannot operate under
their own power or for some other reason must be transported in tow,
carriage or by control of another vehicle.
CITY
The City of Clifton.
IMPOUNDMENT YARD (STORAGE AREA)
Any parcel or property owned or leased by an official
tower and located within the City of Clifton which has all of the
following specifications:
A.
Contiguous to the official tower's place of
business, except that a secondary lot may be located elsewhere within
the City of Clifton to accept any overflow.
B.
Adequate to store vehicles for an extended period
of time.
C.
Completely encircled by a fence not less than
five feet high with at least one lockable gate for ingress and egress.
D.
Access to 800 square feet of inside storage
facilities to protect "police hold" vehicles.
PERSON
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
TOW TRUCK
Any motor vehicle, including a wrecker or recovery vehicle,
equipped with booms, winches, wheel lift or other similar equipment
designed for the recovery and towing of vehicles, trailers, motor
homes or other objects which cannot operate under their own power
or for some other reason must be transported in the tow or control
of another vehicle.
Official towers shall furnish adequate and proper
wrecking, towing, storage and emergency repair services to motor vehicles
within the limits of the City, with the exception of motor vehicles
on toll roads, when requested to do so by the City.
The City shall request such service only from
official towers; provided, however, that, if no emergency or road
hazard exists, the City shall request such services from such other
person as the owner of the motor vehicle in need of such services
may request; and provided further that, in the event that none of
the official towers are available or able to provide such services
as are requested by the City, or in the event of an emergency, the
City may request such services from any other available source.
All requests made by the City of official towers
shall be made by the City Manager, City Engineer, Assistant City Engineer,
the general foreman of the Public Works Department or any member of
the Police Department or Fire Public Safety Department.
[Amended 7-15-2008 by Ord. No. 6749-08]
A. Within 10 days following original appointment as an official tower,
or upon the adoption of this article, whichever is later, said official
tower shall file with the City the official tower's rates for services
to be rendered or materials to be supplied in accordance with the
terms of this article. Said official tower shall file with the City
any changes in said rates within 30 days prior to initiating the same.
B. All rates charged by official towers for services rendered or materials
supplied shall be fair and equitable.
C. In accordance with N.J.S.A. 40:48-2.49 et seq., the City of Clifton
hereby establishes the following schedule of fees and other charges
which an official tower may charge for towing and storage of motor
vehicles. Official towers shall not charge a fee in excess of the
following enumerated rates:
[Amended 9-17-2008 by Ord. No. 6759-08; 1-21-2014 by Ord. No.
7134-14; 6-21-2022 by Ord. No. 7745-22; 3-21-2023 by Ord. No. 7809-23]
(1) Road service.
(a)
Light duty, up to 10,000 pounds: $150/hour plus parts.
(b)
Medium/heavy duty, 10,001 pounds and above: $200/hour plus parts.
(2) Towing - basic.
(a)
Light duty, up to 10,000 pounds: $155 hook-up.
(b)
Medium duty, 10,001 to 16,000 pounds: $300/hour.
(c)
Heavy duty, 16,001 pounds and above: $500/hour.
(d)
Decoupling fee (if tow is not performed): 1/2 of basic rate.
(3) On-hook mileage, light duty, medium duty and heavy duty: $7 per loaded
mile.
(4) Recovery/winching (in addition to towing, per truck, including driver).
(a)
Light/medium duty, up to 16,000 pounds: $350/hour charged in
1/2 increments of $175 per 1/2 hour.
(b)
Heavy duty, 16,001 pounds and above: $650/hour.
(5) Specialized recovery equipment.
(a)
Rotator/crane recovery unit: $1,200/hour.
(b)
Tractor with landoll trailer or detach trailer: $500/hour.
(c)
Tractor/transport hauler only: $350/hour.
(d)
Refrigerated trailer w/tractor: $550/hour.
(e)
Box trailer w/tractor: $500/hour.
(f)
Air cushion unit: $1,000/hour.
(h)
Pallet jack: $200 flat rate.
(j)
Any other specialized equipment: $300/hour.
(k)
Loader/backhoe/telescopic handler/bulldozer/Bobcat: $400/hour.
(m)
Dump truck/dump trailer w/tractor: $400/hour.
(n)
Roll-off with container: $400/hour plus disposal.
(o)
Recovery supervisor vehicle: $150/hour.
(p)
Scene safety equipment, communication equipment, traffic management
equipment, etc.: $250/hour each type used.
(q)
Recovery support vehicle/trailer additional recovery equipment:
$350 per hour.
(6) Labor. All labor minimum of one hour.
(a)
Accident minor clean-up and disposal and disposal of debris:
$75/hour plus absorbant materials used.
(b)
Recovery Supervisor and/or Level III Recovery Specialist: $250/hour
charges limited to one per incident.
(c)
Certified towing operator: $150/hour per man.
(d)
Manuel laborers: $125/hour per man.
(7) Storage, per calendar day (inside rates two times outside rates).
(a)
Cars/light trucks, ten-foot by twenty-foot space: $50 per day.
(b)
Trucks (dual wheels)/single axle: $125 per day.
(c)
Tractor/dump truck/tractor and trailer combo/trailers: $125
per unit per day.
(e)
Roll-off: $125 per day for each.
(f)
Cargo/accident debris/load storage/vehicles components ten-foot
by twenty-foot Space: $50 per day per space used.
(g)
Rental of any tow company supplied supplied trailer post incident:
$500 per day.
(8) Additional services/notes.
(a)
Fuel/haz-mat/cargo spills clean-up and disposal: time and material.
(b)
Hazmat and trash recovery: surcharged 10%.
(c)
Subcontractor mark-up: 20%.
(d)
Administrative charge only after 3rd car, only visit to vehicle:
$50.
(e)
Administration charge, - medium/heavy truck: $200.
(f)
After hours release: $85.
(g)
Notification documentation fee: $75.
(h)
Tarping/wrapping vehicle: $90 per car; $250 per truck.
(i)
Fuel surcharge: see chart below.
(9) Fuel Surcharge Chart, tow and mileage cost only.
Fuel Cost
|
Fuel Surcharge Percentage
|
---|
$2.50
|
0%
|
$3
|
1%
|
$3.50
|
2%
|
$4
|
3%
|
$4.50
|
4%
|
$5
|
5%
|
$5.50
|
6%
|
$6
|
7%
|
$6.50
|
8%
|
$7
|
9%
|
$7.50
|
10%
|
$8
|
11%
|
D. During adverse weather conditions or other emergencies, official
towers may be requested by the City to tow stalled, parked or abandoned
vehicles for the purpose of plowing or removing snow from streets
or permitting a proper flow of traffic or otherwise correcting an
emergency condition. For such towing service, official towers shall
charge a maximum fee depending upon the type of vehicle towed in accordance
with the fee schedule set forth above. The request for such towing
shall be made by the City in writing.
E. Notice of rates; methods of payment; release.
[Amended 9-4-2018 by Ord.
No. 7473-18; 3-21-2023 by Ord. No. 7809-23]
(1) Every official tower shall furnish, at its expense, the owner of
a disabled vehicle with a copy of the towing and storage rates as
provided in this section and shall obtain a signature on the invoice
furnished to the owner or operator of the vehicle acknowledging the
amount paid at the time of payment of any fees paid in accordance
with this section.
(2) An official tower shall accept at least two major credit cards for
the owner or operator of a vehicle to pay for the services set forth
herein to be provided by a tower.
F. Notice of rates; methods of payment; release.
(1) Every official tower shall furnish, at its expense, the owner of
a disabled vehicle with a copy of the towing and storage rates as
provided in this section and shall obtain a signature on the invoice
furnished to the owner or operator of the vehicle acknowledging the
amount paid at the time of payment of any fees paid in accordance
with this section.
(2) An official tower shall accept at least two major credit cards for
the owner or operator of a vehicle to pay for the services set forth
herein to be provided by a tower.
G. All vehicles towed as the result of an accident, the blocking of
a driveway or violation of a municipal parking ordinance shall be
turned over to the owner or another tower authorized by the owner
after settlement of all towing charges and upon presentation of proof
of ownership to the official tower. All other towed vehicles, prior
to being turned over to the owner thereof, must be released by the
Chief of Police. All license plates shall be removed by the official
tower after settlement of all towing charges and turned over to the
owner of the vehicle at the owner's request without additional charge,
provided that the same is not in conflict with state law.
H. Passenger vehicles will be moved to the outside of the tower's lot
to allow for removal by the owner or his agent at no additional charge,
provided that all towing charges have been paid.
During adverse weather conditions, heavy traffic
conditions or emergency conditions, official towers shall give priority
to requests from the City over any other requests which may be received
by official towers.
Official towers shall indemnify and hold the
City harmless from any claims, damages or liability which may arise
by reason of the actions of the official tower or the official tower's
agents, servants or employees in connection with furnishing the services
required by this article. Such indemnification shall be in writing
on a form prescribed by the City.
In the event that an official tower is requested
by the City to render services in accordance with this article at
the scene of a motor vehicle accident, the official tower shall remove
from the street all broken glass, metal and other debris resulting
from said accident and shall place, at the scene of the accident,
flares, flags and such other safety devices as may be necessary.
Official towers shall take all reasonable precautions
required by the Police Department to avoid damage to any evidence,
such as fingerprints, when rendering services in accordance with the
terms hereof. All motor vehicles which contain or involve evidence
necessary to the Police Department of the City and stored by an official
tower in accordance with this article shall be stored in a protected
storage area, secure from all unauthorized persons.
Official towers shall take every necessary precaution
to prevent interference with traffic and shall obey all rules and
regulations of the Traffic Division of the Police Department of the
City and the Motor Vehicle Department of the State of New Jersey.
[Adopted 12-4-2007 by Ord. No. 6704-07]
As used in this article, the following terms
shall have the meanings indicated:
BASIC TOWING SERVICE
Towing as defined in this section and other ancillary services
as may be specified by regulation.
CITY
The City of Clifton.
CONTRACT RATE
Fees for towing services established under a contract between
a towing company and the City.
DECOUPLING FEE
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked, lifted or booted by a tower, but prior to the vehicle
actually having been moved or removed from the property.
MOTOR VEHICLE
Includes all vehicles propelled otherwise than by muscle
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles, motorized scooters, motorized wheelchairs and
motorized skateboards.
NONCONSENSUAL TOWING
The towing of a motor vehicle from private or public property
without the consent of the owner or operator of the vehicle.
PERSON
An individual, a sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
STORAGE FACILITY
Any parcel of property owned or leased by a towing company
located either within the City of Clifton or within a one-mile radius
from the geographic boundary of the City of Clifton which has all
the following specifications:
A.
Contiguous to the towing company's place of
business, except that a secondary lot may be located elsewhere in
the City of Clifton or within a one-mile radius from the geographic
boundary of the City of Clifton, to accept any overflow.
B.
Adequate to store vehicles for an extended period
of time.
C.
Completely encircled by a fence not less than
five feet high with at least one lockable gate for ingress and egress.
TOWING
The moving or removing from public or private property or
from a storage facility of a motor vehicle that is damaged as a result
of an accident or otherwise disabled, recovered after being stolen,
or is parked illegally or otherwise without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
Dues or other charges of clubs or associations which provide towing
services to club or association members shall not be considered a
service charge for purposes of this definition.
No towing company operating within the City
shall tow or boot a vehicle or charge for its services where the registered
owner or other legally authorized person in control of the vehicle
arrives at the scene prior to the towing of the vehicle and agrees
to immediately remove the vehicle from the property and requests the
release of a vehicle that has been, or is about to be, hooked, lifted
or booted but has not actually been moved or removed from the property
or charge the owner or operator requesting release of the vehicle
a decoupling fee.
The provisions of this article shall be enforced
by the Police Department of the City in accordance with due process
of law.
All towing operators shall take every necessary
precaution to prevent interference with traffic and shall obey all
rules and regulations of the Traffic Division of the Police Department
of the City and the Motor Vehicle Department of the State of New Jersey.
Any person, firm or corporation who or which
violates any of the provisions of this article shall, upon conviction,
be subject to a fine not exceeding $250 or to imprisonment for a term
not exceeding 90 days, or both. Each and every violation of this article
or each and every day that any violation shall be permitted to continue
shall be construed as a separate and distinct violation hereof.