[HISTORY: Adopted by the Borough Council of the Borough of
Paramus 4-12-2011 by Ord. No. 11-10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 401,
Towers and Wreckers, adopted 12-10-2002 by Ord. No. 02-32, as amended.
[Amended 3-28-2023 by Ord. No. 2023-16]
As used in this chapter, the following terms shall have the
meanings indicated:
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 a
panel truck or a camper-type vehicle used for recreational purposes
owned by an individual or husband and wife who are residents of the
same household, not customarily used in the occupation, profession
or business of the owner(s).
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. Basic tow only includes providing
access to the vehicle during normal business hours.
The period of time between January 1 and December 31 of any
given year.
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 or lifted by a tow truck, but prior to the vehicle actually
having been moved or removed from the property.
Gross vehicle weight rating.
A specifically designed vehicle designed to tow, transport
or otherwise move motor vehicles, with a gross vehicle weight rating
of at least 40,000 pounds GVW and equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment, as hereinafter
defined.
Vehicles with over sixteen-thousand-one-pound gross vehicle
weight rating.
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.
Detachable trailer capable of hauling vehicles, machinery
and/or equipment, commonly referred to as a "lowboy."
An automobile, as defined by N.J.S.A. 39:6A-2a, not exceeding
a ten-thousand-pound gross vehicle weight rating.
Motor vehicle accidents involving a vehicle rollover, two
or more vehicles leaking fluid, debris of a size or character that
requires more than one person to remove, and/or fluid spills that
require application and removal of more than one bag of any drying
agent.
Vehicles with a ten-thousand-one-pound to sixteen-thousand-pound
gross vehicle weight rating.
Removal of debris in or around the roadway due to a motor
vehicle accident that is limited to removal of broken glass, taillight/head
lenses, and/or fluid spills that require application and removal of
one bag or less of any drying agent.
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.
A person or company licensed by the Borough of Paramus to
tow and/or store vehicles.
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
to be lighted at night.
Constitutes any action that is not normally associated with
roadside towing, e.g., winching, righting overturned vehicles, locked
in park, no keys or other services required when a vehicle will not
roll on its own wheels.
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.
[Amended 2-3-2015 by Ord.
No. 15-01, retroactive to 11-15-2014]
A.
The governing body of the Borough of Paramus, or its designated agent
or officer, may license persons or companies meeting the criteria
set forth in this chapter and engaged in the business of or offering
the services of motor vehicle towing, wrecking or storage (service),
whereby damaged, (or) disabled and/or impounded motor vehicles are
towed or otherwise removed from the place where they are damaged,
(or) disabled, and/or impounded by use of a tow vehicle, as defined
herein. Such person(s) or company shall be known as an "official tower."
B.
Official towers shall be identified by means of a license, which
shall be issued by the Borough as hereinafter provided. Each licensed
official tower shall also have issued by the Borough a decal or insignia
for each vehicle used in the towing operation by the official tower
and which shall be placed on each vehicle in a prominent portion of
such vehicle as required by the Chief of Police or his designee. No
vehicle or motorized equipment shall engage in towing vehicles unless
such insignia or decal is affixed as set forth and the name of the
official tower permanently affixed to the vehicle. ("Permanently affixed"
herein shall mean attached to or placed directly on the vehicle in
such a manner as such cannot be removed or repositioned.)
C.
The licensing set forth in this chapter shall be construed pursuant
to N.J.S.A. 40:38-2.49 and 49 U.S.C. § 14501 and is not
intended to regulate towers beyond that which is permitted by state
and federal law.
A.
The official tower shall furnish adequate and proper towing, wrecking,
storage and emergency repair service to damaged or disabled motor
vehicles within the limits of the Borough when requested to do so
by the Chief of Police or his designee. The official tower shall be
available to render service 24 hours per day, seven days per week.
B.
In the event that a disabled vehicle requires special towing equipment
(and) the official tower does not possess such equipment, then the
Chief of Police or his designee shall select the next official tower
in the rotation list who does possess the necessary special equipment
to tow such disabled, (or) damaged or impounded vehicle. No official
tower shall subcontract or assign any work that is to be performed
by the official tower under the provisions of this chapter.
[Amended 2-3-2015 by Ord.
No. 15-01, retroactive to 11-15-2014; 3-28-2023 by Ord. No. 2023-16]
A.
Application for an official tower license shall be made to the Mayor
and Council of the Borough of Paramus, upon a form provided by the
Borough Clerk, and shall contain all of the following information:
(1)
The name, business address(s), telephone number and federal tax identification
number (where applicable). When the official tower is owned and operated
by an individual, the name, social security number, residential and
business addresses and telephone number(s) of such individual shall
be provided. When the official tower is a corporation or partnership,
the application shall contain the names, residences, telephone numbers,
dates of birth and social security numbers of all persons owning any
interest in the official tower.
(2)
In the event that the official tower is conducting business operating
under a trade or business name, the applicant shall submit a certificate
of such name as proof that such name has been appropriately filed
with the County Clerk's Office of Bergen County and/or with the
Secretary of State of the State of New Jersey.
(3)
Any such information as may be required by the Mayor and Council
(or designee) concerning the personnel, vehicles, equipment and storage
facilities of such applicant, as hereinafter provided, showing that
the applicant meets the minimum standards of performance.
(4)
A certificate or certificates of insurance evidencing adequate insurance
coverage as hereinafter provided.
(5)
A fee of $750 to cover the administrative expenses incurred by the
Borough in processing the application and an additional fee of $100
for each vehicle for which an identifying decal is issued.
(6)
The names and addresses of two business references not in the employ
of the Borough who have known the applicant for at least two years
and who can attest to the applicant's experience and performance
in the towing, wrecking and storage business.
(a)
All towing vehicles must be listed on the application, including
the make and model number, year of vehicle and vehicle identification
number (VIN) and any and all other information that the Mayor and
Council may deem necessary.
(b)
No vehicle may be listed on more than one application nor can
there be a transfer of vehicles between towers.
(7)
A complete list, including dates of service, of all other municipalities,
state agencies and/or governmental entities that the applicant is,
or has been, an official tower of or held a towing permit from. No
person applying individually shall be eligible for approval or appointment
as an official tower of the Borough of Paramus unless that person
shall have been an official municipal tower with a minimum of five
years' experience in municipal towing in any municipality of
the State of New Jersey, including a minimum of two years' experience
in municipal towing in any municipality in the County of Bergen, State
of New Jersey. No corporation or partnership shall be eligible for
approval or appointment as an official tower of the Borough of Paramus
unless that business entity shall have been an official municipal
tower with a minimum of five years' experience in municipal towing
in any municipality of the State of New Jersey, including a minimum
of two years' experience in municipal towing in any municipality
in the County of Bergen, State of New Jersey.
(8)
A complete list of all actions taken against the applicant by a governmental
entity for the applicant's alleged violation of any towing ordinance
or regulation while towing as a licensed or permitted tower for that
governmental entity. If the applicant's towing license or permit
has been revoked, suspended or denied, the applicant shall list each
time, what governmental entity was involved and a brief description
of the event(s) that led up to the revocation, suspension and/or denial
of a towing license or permit.
B.
No license shall be granted to a tower unless and until the tower
seeking the license has appointed 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.
C.
Suspension or revocation of a license, and/or the prior denial of
an application affecting the applicant, from this municipality or
any county or state agency granting such license may be cause for
denial of a license under this chapter.
D.
The applicant shall also cause each of its drivers to have a background
check performed by the Paramus Police Department or at a state-approved
facility prior to that driver performing any towing services in the
Borough. Copies of the results of the background check shall be made
available to the Borough Clerk immediately upon receipt.
E.
Upon receipt of a completed application, the Borough Clerk shall
forward a copy to the Chief of Police or his designee for his review
and recommendation. The review by the Chief of Police or his designee
shall consist of the following: an inspection of the personnel, vehicles,
equipment and storage areas proposed to be utilized by the applicant
to verify the accuracy of the information contained in the application
and to determine compliance with applicable laws and regulations and
the standards of performance required by this chapter.
F.
An applicant may be included on the official towers list by an official
action of the Mayor and Council, by resolution adopted at a regular
public meeting, when, from a consideration of the application and
from such other information as may be obtained, the Mayor and Council
find that all of the following circumstances exist:
(1)
The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statements of material fact in the
application or in any other document required pursuant to this chapter.
(2)
The applicant has met the standards in this chapter and has furnished
the required hold harmless agreement and certificate(s) of insurance.
(3)
The application has been reviewed and the Chief of Police or his
designee has submitted a favorable report.
(4)
Neither the applicant nor the applicant's personnel have been
convicted of a criminal charge or have had their driver's license
suspended within the past year.
G.
The Chief of Police or his designee shall conduct his or her review
and render a report to the Mayor and Council recommending either the
approval or denial of the application within 28 days of receipt of
the application from the Borough Clerk. The Mayor and Council shall
take action with regard to the report of the Chief of Police within
30 days or at the next public meeting of the Mayor and Council, whichever
is later. The applicant or its representative shall be given notice
of the date on which the Mayor and Council will consider the application
and shall be permitted to appear and be heard at that time.
H.
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Mayor and Council.
[Amended 2-3-2015 by Ord.
No. 15-01, retroactive to 11-15-2014; 3-28-2023 by Ord. No. 2023-16]
A.
Upon approval of the application as herein provided, the Borough
Clerk shall issue for the applicant an official tower's license
for each tow vehicle or flatbed vehicle to be utilized in providing
services pursuant to this chapter by submitting such to the Chief
of Police or designee for issuance to the official tower(s).
B.
Said licenses and identifying decal, which shall be in a form so
approved by the Mayor and Council, shall be affixed and displayed
on the tow vehicle or flatbed vehicle at all times.
C.
Expiration; renewal; revocation.
(1)
Each official tower's license shall expire on December 31 of
each calendar year, and the license shall run for the calendar year
only. A license for a calendar year may be applied for by July 31
of that calendar year. The license shall not be transferable or assigned
and may be subject to revocation by the Mayor and Council for any
of the following reasons:
(a)
If it is subsequently determined that the applicant knowingly
and with intent to deceive made false misleading or fraudulent statements
of material fact in the application or in any other document required
pursuant to this chapter.
(b)
Violation of any federal or state law or municipal ordinance
or regulation relating to the operation of a motor vehicle or the
provision of towing services.
(c)
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance.
(d)
Violation of any of the provisions of this chapter.
(2)
No license shall be issued for less than a full calendar year nor
should a license be issued at any other time than the period set forth
above.
D.
Upon the expiration of an official tower's license, the applicant,
prior to performing any service thereafter, shall re-file completely
for such official tower's license, setting forth all the information
required in the form provided by the Borough Clerk and complying with
the provisions of this chapter.
[Amended 2-3-2015 by Ord.
No. 15-01, retroactive to 11-15-2014; 3-28-2023 by Ord. No. 2023-16]
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, three flatbed vehicles, one medium-duty towing vehicle
of at least 25,000 pounds gross vehicle weight and one heavy-duty
towing vehicle of at least 40,000 pounds gross vehicle weight. In
lieu of a medium-duty towing vehicle, the tower may substitute an
additional heavy-duty towing vehicle in its place. Registration documents
shall be shown to the Borough certifying registration is the same
or better than the gross vehicle weight (GVW) of the vehicle, as plated
on the vehicle.
(2)
Vehicle classes.
(a)
Heavy-duty tow vehicles of 31,000 pounds gross vehicle weight
or more 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 five-eighths-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.
B.
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. The provisions of § 401-4A(6) of this chapter shall apply.
C.
Minimum equipment and reporting requirements.
(1)
Every tow vehicle or flatbed vehicle shall have two-way radio or
cellular phone capability with a dispatching center on a twenty-four-hour
basis.
(2)
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location on 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, 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 cable for pulling or securing a towed vehicle.
(d)
At least one heavy-duty broom, a shovel, a crowbar or prybar,
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 40 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 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 a permanently
affixed or painted sign, prominently displayed on the vehicle in such
manner so as to conform to the provisions of N.J.S.A. 39:4-46. Such
demarcations shall be placed on the outside door panels of the vehicle.
The sign shall be at least three inches in height and diameter, be
visible to the naked eye and the names must be the same on both panels.
(5)
Within five calendar days of the expiration of each rotation period,
the official tower shall submit to the Borough Clerk a copy of all
of the invoices for services rendered to any owner or operator of
a damaged or disabled vehicle on a form of invoice provided by the
Borough. In the absence of a Borough form, the official tower will
submit the bills which state: the name and address of the person towed;
the make and model of the vehicle towed; plate number; and the in
date of the tow and the out date of the tow. Only fees applicable
in this chapter shall appear on said invoice, and there shall be only
one invoice per vehicle towed.
D.
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
the services required by this chapter shall meet the following requirements
and be subject to the following regulations. They shall:
(1)
Be competent and able to provide minimum road services for disabled
vehicles.
(2)
All drivers operating a vehicle that requires a CDL must have a commercial
driver's license (CDL) by the State of New Jersey and/or federal
regulations are required to furnish such license for the purpose of
this chapter.
(3)
Obey all traffic laws and regulations.
(4)
Not have been convicted of a crime within the past year.
E.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building and/or outside
secured storage area meeting the following requirements:
(a)
All official towers must have sufficient storage area on their
own premises, or premises that they have the legal right to use for
such storage area, 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(s). A driver must be on call at the licensed site(s)
to respond to a call for towing during the tower's rotation.
Official towers located within the Borough cannot store vehicles on
the thoroughfares of the Borough, whether under the auspices of the
Borough, County of Bergen or State of New Jersey without Borough approval.
Storage of vehicles on the thoroughfares of other municipalities wherein
Borough towers are located is subject to the requirements of those
municipalities.
(b)
The location of the storage area(s) shall be located within
two miles from the border of the Borough in accordance with the official
map attached to this chapter.[1] Licensed towers can utilize any of their sites within
the two miles from the border of Paramus.
[1]
Editor's Note: Said map is on file in the Borough offices.
(c)
All outdoor storage areas shall be fenced with an acceptable
screened material six feet in height. The fenced area shall be no
less than 5,000 square feet in area. The storage area shall have a
suitable gate and be installed with a locking device or a similar
on-site security measure. The facility is to be lighted at night.
Vehicles may also be stored indoors at licensed sites at no additional
charge.
(d)
A certificate of occupancy must be furnished with the application
showing that the licensed site(s) are legally zoned for such use or
are subject to land use approvals permitting such use.
(e)
The storage facility shall be available from at least 8:00 a.m.
until 6:00 p.m. Monday through Friday and from at least 8:00 a.m.
to 1:00 p.m. on Saturday. The applicant shall prominently display
the hours during which the facility will be open on weekends. 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 during the calendar
year.
(f)
The official tower may 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. After-hours release by appointment when tower
is available.
(g)
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
(h)
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.
(2)
To ensure the timely release of a vehicle, 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/she wishes to take possession of said vehicle during regular business
hours.
F.
Credit cards. All official towers must have the ability to receive
credit card payment and will accept same for payment of all towing
and storage services included specifically, or by reference, in this
chapter. The towers can charge a credit card convenience fee of up
to 4% but no more than they are charged.
A.
Official towers shall be placed on the list in the order in which
their application is approved and license issued. Once the initial
list has been established, new official towers, when their applications
have been approved, will be added to the end of that list.
B.
The Borough shall request wrecking, towing and storage services from
each official tower in rotation. When called, the tower shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. If no tower vehicle is available or if the response time
will exceed 20 minutes, the next official tower on the list shall
be called. If none of the official towers are available or able to
provide such services as are requested by the Borough, the Borough
may request such services from any other available source. All requests
shall be made by the Chief of Police or his designee.
C.
The Borough shall request service only from official towers; provided,
however, that if no emergency or road hazard exists, the Chief of
Police or his designee shall request such service from such other
person as the owner of the motor vehicle in need of such services
may request, provided that the request is responded to within 30 minutes.
D.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Borough over any other requests which may be received by the official
towers.
Applicants shall agree, in writing, to assume the defense of
and indemnify and hold harmless the Borough, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims to which the Borough may be subjected of
any kind and nature whatsoever resulting from, caused by, arising
out of or as a consequence of the provision of towing, wrecking, storage
and/or emergency services provided at the request of this Borough
pursuant to this chapter. Official towers shall enter into a hold
harmless agreement in a form to be prepared by the Attorney for the
Borough prior to being included in the official towers list.
A.
No person shall be included on the official towers list unless and
until such person has provided to the Borough a certificate(s) of
insurance evidencing that there is in effect the following insurance
coverage.
(1)
General property damages and liability insurance in an amount not
less than $1,000,000 per occurrence and $2,000,000 per aggregated
general liability, including additional garagekeepers coverage, shall
be primary as respects vehicles of others and shall include collision
coverage.
(2)
Garagekeeper's liability insurance in an amount not less than $500,000
per location shall be required. No deductible amounts are permitted.
The words "no deductible" shall be included on the policy and/or certificate
of insurance.
(3)
Workers' compensation as required by law shall be required.
B.
Policies of insurance shall be written by insurance companies authorized
to do business in the State of New Jersey.
C.
The Borough of Paramus shall be named as an additional insured on
all policies of insurance provided pursuant to this chapter. All certificates
of insurance shall provide that the policies may not be canceled or
terminated or coverage decreased without 30 days' written notice to
the Borough. Such insurance shall be primary.
D.
Policies of insurance required by this chapter shall be maintained
in full force and effect at all times. In the event that any coverage
is canceled or terminated or coverage decreased in amount, the tower
shall be removed immediately from the official towers list until such
time as the required coverage is reinstated or replaced.
[Amended 11-1-2011 by Ord. No. 11-26; 2-3-2015 by Ord. No. 15-01, retroactive to 11-15-2014; 3-28-2023 by Ord. No. 2023-16]
A.
All charges for nonconsensual towing services shall be limited to
those set forth in this chapter. This chapter does not apply to charges
for consensual towing services.
B.
Fees for towing and storage of light-duty vehicles damaged in an
accident or recovered after being stolen may not exceed the fees established
by the New Jersey Department of Consumer Affairs under N.J.S.A. 56:13-14a.
Those towing and storage fees which are set forth in N.J.A.C. 13:45A-31.4,
as amended and supplemented, are incorporated herein by reference.
Pursuant to law, the fee schedules shall be reviewed by the New Jersey
State Commissioner of Consumer Affairs on an annual basis and may
be revised if necessary. In the event that the schedules are revised
by the New Jersey State Commissioner of Consumer Affairs, the revised
fees shall be the maximum fees that may be charged by official towers,
and this chapter shall be amended accordingly.
(1)
The following is the fee schedule for towing services not covered
by N.J.S.A. 56:13-14a and N.J.A.C. 13:45A-31.4:
(a)
The following is the fee schedule for basic towing service:
|
Type
|
Fee
|
|---|---|
|
Cars/SUVs/light trucks/motorcycles
|
$155
|
|
Medium-duty (10,001 to 16,000 pounds)
|
$300/hour inc. mileage
|
|
Heavy-duty (over 16,001 pounds)
|
$500/hour, inc. mileage
|
|
Decoupling fee (if tow is not performed after hookup)
|
1/2 of basic rate
|
|
Each mile outside of Paramus Borough (one way)
|
$7/mile
|
|
Police impound (towing of car to police impound facilities)
|
$150
|
(b)
The following is the fee schedule for storage within the Borough
of Paramus Borough (first day is 24 hours thereafter per calendar
day). Inside rate is two times the outside rate.
|
Type
|
Fee
|
|---|---|
|
Cars/SUVs/light trucks/motorcycles
|
$50/day
|
|
Medium-duty trucks (dual wheels)/single axle
|
$125/day
|
|
Heavy-duty tractors/dump truck/tractor and trailer combo/trailers
|
$125/day
|
|
Buses
|
$150/day
|
|
Roll-off
|
$125/day for each
|
|
Cargo/accident debris/load storage/vehicle components
|
$50/day per space
|
|
Rental of any tow company-supplied trailer post incident
|
$500/day
|
(c)
The following is the fee schedule for road service calls (starting
dead batteries, fuel or flat tires):
|
Type
|
Fee
|
|---|---|
|
Light-duty (cars)
|
$150/hour, plus parts
|
|
Medium-/Heavy-duty (trucks)
|
$200/hour, plus parts
|
(d)
Recovery and winching, minimum one hour (in addition to towing,
per truck, including driver):
|
Type
|
Fee
|
|---|---|
|
Light-duty
|
$200/man-hour, charged in one-half hour increments
|
|
Medium-duty, 10,000 to 16,000 pounds
|
$350/man-hour charged in one-half hour increments
|
|
Heavy-duty, 16,001 pounds and above
|
$650/man-hour charged in one-half hour increments
|
(e)
The following is the fee schedule for labor (all labor, minimum
of one hour):
|
Type
|
Fee
|
|---|---|
|
Accident major cleanup and disposal of debris
|
$75/hour (one hour minimum)
|
|
Recovery supervisor and/or Level III recovery specialist
|
$250/hour
|
|
Certified towing operator
|
$150/day for each person
|
|
Manual laborers
|
$125/hour per person
|
(f)
The following is the fee schedule for specialized recovery equipment.
Special recovery services of all vehicles shall be charged at the
respective rates set below. These charges shall only be used in situations
deemed necessary, and a notation of fact shall be noted on the official
tower's bill. Said charges shall not apply to winching a vehicle
on a flat bed vehicle when the vehicle rolls freely.
|
Type
|
Fee
|
|---|---|
|
Rotator/crane recovery unit
|
$1,200 per hour
|
|
Tractor with Landoll trailer or detach trailer
|
$500 per hour
|
|
Tractor/transport hauler only
|
$350 per hour
|
|
Refrigerated trailer with tractor
|
$550 per hour
|
|
Box trailer with tractor
|
$500 per hour
|
|
Air cushion unit
|
$1,000 per hour
|
|
Light tower
|
$250 per hour
|
|
Pallet jack
|
$200 Flat Rate
|
|
Rollers
|
$200 Flat Rate
|
|
Any other specialized equipment
|
$300 per hour
|
|
Loader/backhoe/telescopic handler/bulldozer/Bobcat
|
$400 per hour for each used
|
|
Forklift
|
$400 per hour
|
|
Dump truck/Dump trailer with tractor
|
$400 per hour
|
|
Roll-off with container
|
$400 per hour, plus disposal
|
|
Scene safety equipment, communication equipment, traffic management
equipment, etc.
|
$250 per hour for each type used
|
|
Recovery support vehicle/trailer additional recovery equipment
|
$350 per hour
|
(g)
The following is the fee schedule for additional services:
|
Type
|
Fee
|
|---|---|
|
Fuel/HazMat/cargo spills cleanup and disposal
|
Time and material
|
|
HazMat and trash recovery
|
Surcharged 10%
|
|
Subcontractor mark-up
|
20%
|
|
Administration charge (only after third visit to vehicle)
|
Cars only - $50
|
|
Administration charges (only after first visit)
|
Medium-/heavy-duty - $200
|
|
After-hours release
|
$85
|
|
Tarping/wrapping vehicle
|
$90/cars; $250/trucks
|
(h)
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%
|
(i)
Note: After the first hour, all hourly billable rates will be
charged in half-hour increments.
C.
Calculation of rates and fees.
(1)
The towing mileage rates, where applicable, shall be calculated based
on the total distance traveled from the site of pickup of the vehicle
in question to the dropoff point, by way of the shortest available
route. Fractions shall be rounded up to the nearest whole. The first
seven miles shall not be subject to the mileage charge.
(2)
Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
D.
No storage of any disabled or damaged vehicle shall be located on
any public street or sidewalk in the Borough.
E.
The fees set forth on the schedules set forth in this section contained
for storage fees are the maximum storage charges per twenty-four-hour
period that shall apply to all vehicles stored by an official tower.
F.
Motorcycles and all other on-/off-road vehicles shall be considered
private passenger vehicles for purposes of determining fees which
are allowed under this section. Any other objects not covered herein
which are towed by an official tower at the request of the Borough
shall be subject to fees as determined by the Mayor and Council.
G.
The use of Speedy-Dri shall be charged the rate of $25 per fifty-pound
bag after the first bag.
H.
Fees for towing and storage of private passenger vehicles damaged
in an accident or recovered after being stolen may not exceed the
fees established by the New Jersey Department of Insurance pursuant
to N.J.S.A. 17:33B-47.[1] Those towing and storage fees, which are set forth in
N.J.A.C. 11:3-38.1,[2] are incorporated herein by reference.
I.
The fees set forth in Subsections B and C of this section do not apply to vehicles owned and/or operated by the Borough of Paramus or any of its agencies. Under no circumstances do the towing and storage fees apply to such vehicles. As a condition of any license, the tower agrees to this provision and to tow and store such vehicles without charge.
J.
Responsibility to clean up accident scene. Any tow company removing
a vehicle from the scene of an accident in the Borough of Paramus
shall be responsible for collecting and disposing of all loose glass,
liquid, metal and other vehicle debris on the roadway in and about
the scene of the accident. The tow company shall further be responsible
for sweeping the roadway before towing away the vehicle from the scene.
No charge is allowed for minor accident cleaning. Where major accident
cleaning is required, a fee of $25 may be collected by the tow company
if there is a liquid spill from the motor vehicles and more than one
bag of absorbent material is used to clear the scene. The absorbent
material will be provided by the tow company and cleared away by the
tow company. Proper notification to emergency personnel should be
made in the event that the liquid spill requires hazardous material
response.
K.
The tow company must respond within one-half hour from the time they
are called. Billable time begins from the time they show up on the
scene and report to police.
L.
No decoupling fee may be charged.
M.
The on-call tow company will tow the vehicles to the customer's
desired location within Bergen County.
N.
The tow companies will provide a monthly tow report with receipts
to the Borough. They must include any notations of fact for any additional
charges on the official tower's bill.
O.
The tow companies shall tow all vehicles, including electric vehicles.
A.
Copies of this chapter and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at the Borough Hall. Copies shall also be made available
to the public at each official tower's place of business.
B.
All official towers shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of fees that may be
charged for all services, provided that the same is pursuant to this
chapter.
C.
The Borough reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all official
towers.
D.
The relationship between an official tower and the Borough is one
of an independent contractor. Neither party shall be construed in
any manner whatsoever to be an employee of the other, nor shall any
employee or agent furnished by any party be construed to be an employee
or agent of the other party. Inclusion on the official towers list
shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit-sharing agreement.
E.
The Borough shall not be liable or responsible for compensating the
official towers for any of the services performed under this chapter
unless those services are performed for Borough vehicles. Compensation
shall be the responsibility of the owner of the towed motor vehicle
and the official tower shall proceed directly against the owner.
F.
The official tower shall, at all times, be solely responsible for
the conduct of its employees.
G.
Each official tower shall keep and maintain adequate and complete
records showing all vehicles towed, stored and released, all services
rendered and all fees charged and collected. All records shall be
available for inspection by the Borough at any time during normal
business hours. Records shall be kept and maintained by the official
tower at one central location and shall be retained for a period of
seven years. Records may be written, printed or computerized as long
as the requirements of this subsection are met.
[Amended 9-8-2015 by Ord.
No. 2015-30]
A.
The Paramus Police Department, the Borough Administrator, or the
Mayor and Council shall have the authority to hear complaints against
any official tower whether brought by Borough representatives, the
public, and/or other official towers. The Paramus Police Department
shall review all complaints and issues in consultation with the Borough
Administrator.
B.
The hearing officer, whoever it may be, shall have the power to issue
subpoenas to compel attendance at the hearing.
C.
In the event that a complaint (of a noncriminal nature) is received
by the Borough or issued by the Borough involving the improper or
unsatisfactory performance of services by an official tower, excessive
charges or damage to a motor vehicle while in the custody of the tower,
written notice of said complaint, by certified mail, return receipt
shall be given to the official tower against whom the complaint is
made. The official tower shall make a written response to such complaint
within five calendar days from receipt of the written notice and may
request an in-person hearing.
D.
The Police Department after hearing the matter shall have the authority
to suspend the official tower's license until the next rotation. The
matter shall be referred to the Borough Administrator for any further
action. The Borough Administrator may take further action, including
a longer suspension or termination of the license for up to one (1)
year, after notice and an opportunity to be heard. The Borough Administrator
may also refer the matter to the Mayor and Council. Any contestation
of suspension or further action shall be made by way of appeal to
the Mayor and Council within 14 calendar days of the notice of said
suspension or further action. The Mayor and Council shall then conduct
a hearing, or delegate the hearing to the Borough Administrator, regarding
the appeal of the suspension or further action within 30 calendar
days of the tower's notice of appeal, whenever practicable.
E.
In the event that two or more complaints are pending for over 30
days in Municipal Court, then the Borough Administrator may suspend
the official tower's license, after a hearing and decision.
F.
If, after considering the matter and the findings by the Police Department
or the Borough Administrator, the Mayor and Council shall determine
that there is good and sufficient cause for revocation of the official
tower's license, or any lesser penalty, the tower shall surrender
said license to the Borough Clerk within one calendar day.
G.
Failure to surrender the license upon revocation shall constitute
a violation of this chapter, subject to all legal action available
to the Borough, including permanent removal from the official towers
list.
H.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction.
A.
In addition to any suspension or revocation of license, a person
who shall violate any of the provisions of this chapter shall be subject
to the following:
(1)
Punishable by a fine not exceeding $2,000 or imprisonment for a term
not exceeding 90 days or for a period of community service not exceeding
90 days, or any combination of them, at the discretion of the Municipal
Court. The minimum fine for violation of any provision of this chapter
shall be a fine of $1,000;
(2)
Each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense; and
(3)
The imposition of a fine or imprisonment, or both, for a violation
of this chapter of the Code shall not be deemed to be in lieu of any
other provision therein providing for revocation or suspension of
any license or permit issued thereunder.
B.
In addition to the fine provided above, a violation of any of the
provisions of this chapter shall be cause for revocation of the official
tower's license.
