[HISTORY: Adopted by the Borough Council
of the Borough of Upper Saddle River 5-14-1997 by Ord. No. 3-97. Amendments
noted where applicable.]
As used in this chapter, the following terms,
phrases and words shall have the following meanings:
Borough of Upper Saddle River.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A motor vehicle or person engaged in the business of or offering
the services of a vehicle, wrecker or towing service for the purpose
of towing, transporting, conveying or removing any other motor vehicle,
whether or not such motor vehicle may be operated under its own power
or is disabled, inoperable, impounded or abandoned.
A.
By January 15 of each year, the Mayor and Council
shall approve a towing list, and the companies, firms or entities
thereon shall be entitled to tow, transport, convey, remove or repair
any and all kinds of vehicles which shall be required to be removed
from any public or private property or public right-of-way, as determined
by the Police Department. The firms on the towing list shall be utilized
by the Police Department on a rotation basis and shall be the only
contractors eligible to perform such service, except in circumstances
when an owner or authorized operator of a motor vehicle requests the
service of another tower or wrecker.
B.
Upon approval by the Mayor and Council of the towing
list, each tower or wrecker appearing thereon shall be issued a license
by the Chief of Police and shall be required to enter into an agreement
with the Borough governing the services to be performed during the
effective period of the towing list.
Application for a license, as required under § 128-2, shall be made on a form prescribed by the Borough which shall provide the following information, the truth of which shall be sworn or attested to by the applicant:
A.
The year, make, type and registration number of all
vehicles and wreckers to be used by the towing service.
B.
The name and address of the applicant, and if a corporation,
the name and address of each officer and director thereof, and if
a partnership, the name and address of each partner thereof.
C.
The name and address of the owner of the towing service
if other than the applicant.
D.
A listing of all locations from which the towing service
or wrecker principally operates.
[Amended 12-8-1999 by Ord. No. 11-99]
E.
A listing of all locations to which motor vehicles
are towed.
F.
A disclosure of any and all criminal convictions of
the applicant or any principals thereof, as well as any employees
thereof.
G.
Disclosure as to whether the towing service or wrecker
is an accessory use to an operating gasoline service station.
An applicant for a license to be placed on the
towing list shall be required to satisfy the following criteria:
A.
The applicant shall have personnel available to respond
to a call 24 hours a day, seven days a week.
B.
The applicant's principal place of business shall
be located in the State of New Jersey and shall be limited to the
contiguous municipalities of the territorial limits of the Borough
of Upper Saddle River, New Jersey. (This shall not apply to those
licensed by the Borough of Upper Saddle River, New Jersey on the effective
date of this section.)
[Amended 12-8-1999 by Ord. No. 11-99]
C.
Employees shall be at least 18 years of age and shall
have a satisfactory driving record and valid driver's license.
[Amended 12-8-1999 by Ord. No. 11-99]
D.
Employees shall be required to have appropriate identification
issued by the applicant and shall not have ever been the subject of
a criminal conviction, except for minor traffic violations.
E.
Towing trucks and other equipment shall have two-way
radio or cellular telephone capability with the dispatching center
on a twenty-four-hour basis.
[Amended 12-8-1999 by Ord. No. 11-99]
F.
The applicant shall provide evidence that it has the
ability to accept all major credit cards.
G.
A towing service or wrecker shall maintain for public
inspection a copy of its fee schedule at its place of business.
[Amended 3-13-2002 by Ord. No. 3-02]
An application for a license shall be accompanied
by certificates of automobile and garagekeeper's liability insurance,
issued by an insurance company authorized to do business in the State
of New Jersey, with each policy to carry limits of not less than $750,000
per person and $1,000,000 per accident for bodily injury and not less
than $1,000,000 for property damage. The Borough of Upper Saddle River
shall be included as a named insured in such policies. In addition,
evidence shall be submitted that the applicant has in effect worker's
compensation insurance and such other coverage as may be mandated
by applicable law.
Any person being issued a license for placement
on the towing list shall be required to be governed by the following
in connection with its operations within the Borough:
A.
No vehicle which is towed, removed, conveyed or stored,
as a result of police impoundment, removal or abandonment, shall be
removed from the boundaries of the State of New Jersey.
B.
No vehicle impounded will be released without the
permission of the Upper Saddle River Police Department.
C.
The Chief of Police shall adopt and enforce reasonable
rules and regulations for wreckers.
D.
All vehicles towed or stored shall be done in a safe,
secure, and adequately lighted impound yard.
The Chief of Police of the Borough is hereby
designated as the municipal officer responsible for the enforcement
of the provisions of this chapter. The Chief of Police is authorized
to establish a system of rotation in the assignment of persons being
issued licenses for placement on the towing list as provided for in
this chapter.
[Amended 3-2-2023 by Ord. No. 1-23]
A.
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.
B.
The following is a fee schedule for basic automobile, motorcycles
and motorized bikes towing services and heavy-duty recovery.
|
Road Service
| |
|
Cars (light)
|
$125 per hour plus parts
|
|
Trucks (medium/heavy)
|
$175 plus parts
|
|
Towing - Basic
| |
|
Light duty - up to 10,000 lbs.
|
Hookup $150
|
|
Medium duty - 10,0001 lbs. to 16,000 lbs.
|
$250 per hour
|
|
Heavy duty - 16,001 lbs. and above
|
$500 per hour
|
|
Motorcycle
|
$100 Hookup
|
|
Decoupling fee (if tow is not performed)
|
1/2 of basic rate
|
|
On-Hook Mileage
| |
|
Light duty - up to 10,000 lbs.
|
$6/per loaded miles
|
|
Medium duty - 10,001 lbs. to 16,000 lbs.
|
$6/per loaded miles
|
|
Heavy duty - 16,0001 lbs. and above
|
$6/per loaded miles
|
|
Borough vehicle
|
See basic tow schedule above (no on-hook mileage fees will be
charged)
|
|
Recovery/Winching (In Addition to Towing - Per Truck Including
Driver)
| |
|
Light/medium duty 10,001 lbs. to 16,000 lbs.
|
$350 per hour charged in 1/2-hour increments of $175, per 1/2
hour
|
|
Heavy duty - 16,001 lbs. and above
|
$600 per hour
|
|
Storage - Per Calendar Day (Inside Rates Two Times Outside
Rate)
| |
|
Cars/light trucks - 10 feet by 20 feet space
|
$45 per day
|
|
Trucks (dual wheels)/single axle
|
$90 per day
|
|
Tractor/dump truck/tractor and trailer combo/trailers
|
$125 per unit per day
|
|
Buses
|
$150 per day
|
|
Roll-off
|
$125 per day for each
|
|
Cargo/accident debris/load storage/vehicle components 10 feet
by 20 feet space
|
$45 per space used per day
|
|
Rental of any tow company supplied trailer post incident
|
$500 per day
|
|
** STORAGE BILLED PER CALENDAR DAY**
| |
|
Additional Services/Miscellaneous
| |
|
Fuel/Haz-Mat/cargo spills clean-up and disposal
|
Time and material
|
|
Hazmat and trash recovery
|
Surcharged 10%
|
|
Subcontractor mark-up
|
10%
|
|
Administrative charge only after 3rd visit to vehicle
|
Cars only - $50
|
|
Administration charge
|
Medium/heavy truck - $200
|
|
After hours release
|
$75
|
|
Notification documentation fee
|
$50
|
|
Tarping/wrapping vehicle
|
$90 per car $250 per truck
|
C.
Heavy-vehicle recovery (Over 16,000 pounds):
(1)
To provide heavy-vehicle recovery, the Borough of Upper Saddle River
requires that the licensee have on scene a recovery supervisor with
Level 3 certification from the Towing and Recovery Association of
America (TRAA) or another nationally recognized certification. The
certificate is to be included with the initial application.
(2)
To perform heavy-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.
(3)
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 rotating
list shall be called.
D.
The tow and special recovery fees set forth in this section do not
apply to vehicles owned and/or operated by the Borough of Upper Saddle
River or any of its agencies unless the vehicle needs to be towed
over 10 miles outside the limits of the Borough. A basic tow charge
may be incurred for Borough vehicles towed 10 miles outside the Borough.
Tow services noted above will be provided by the tow company on call
for the week. No additional on-hook mileage fees will be charged.
E.
The tow company or licensee shall be required to provide an itemized
list of services as a prerequisite to receiving payment.
A.
Any license issued under the provisions of this chapter
may be revoked by the Mayor and Council after notice and hearing for
one or more of the following causes:
B.
Notice of the hearing for revocation of a license
shall be given to the licensee, in writing, setting forth specifically
the basis for the complaint and the time and place of hearing which
shall be conducted by the Mayor and Council. At such hearing, a licensee
shall be entitled to be represented by legal counsel and shall be
further entitled to present any witnesses, testimony or evidence on
its behalf.
C.
The Chief of Police may temporarily suspend, pending a hearing as specified in § 128-9B, the towing license of any tow operator for violation of any rule or regulation, State of New Jersey statute or Borough ordinance governing the towing or disposition of motor vehicles.
[Added 12-8-1999 by Ord. No. 11-99]
