[HISTORY: Adopted by the Governing Body of
the Borough of Allendale 8-12-2010[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 252.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle of a private passenger, sport utility 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 by 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.
Any vehicle other than that as defined as an automobile pursuant
to the definitions as contained in this chapter.
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.
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 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 owner or operator
of the motor vehicle.
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. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
To retrieve from a location off the roadway, upright a rolled-over
vehicle; if the vehicle is underneath or impaled onto another object,
then it must be recovered.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator is principal place of business where
the tow vehicle is stationed when not in use.
If a vehicle has flat tires and/or does not roll freely,
then the vehicle must be winched.
A.
The Allendale Police Department shall appoint persons or companies
meeting the criteria set forth in this chapter and engaged in the
business of offering the services of a motor vehicle towing or wrecker
service, whereby damaged or disabled motor vehicles are towed or otherwise
removed from the place where they are damaged or disabled by use of
a tow vehicle, as defined in this chapter. Such persons or companies
shall be known as official towers.
B.
Official towers shall be identified by means of a license that shall
be issued in accordance with the provisions of this chapter.
C.
Not less than 75 days prior to the beginning of each three-year term
of official towers' license, the Borough shall advertise for applications
for towing licenses for providing towing services pursuant to this
chapter. The advertisement shall be published in the legal newspapers
of the Borough.
D.
All applicants shall submit their applications at least 60 days prior
to the commencement date for each three-year period and the applications
shall be reviewed in accordance with the procedures set forth in this
chapter. The award of a license to the successful applicants shall
be subject to compliance with the license requirements of the chapter.
E.
For the purposes of the licenses to be awarded, pursuant to the chapter,
in the year in which it is adopted, the initial term of the license
shall be from the date the license is issued until December 31 of
that year. Licenses issued thereafter shall be for a three-year period
commencing on January 1 of the year in which it was issued and terminating
three years thereafter.
F.
Notwithstanding the provisions of this chapter that provide for a
three-year term of the license, official towers shall submit no later
than December 1 of each year that the towing license is in effect,
a detailed certification certifying that the official tower meets
the requirements of this chapter in regard to the issuance of licenses.
Said certification shall be submitted to the Allendale Police Department
for review and approval by the designated administrative officers.
Failure to submit the certification or failure to continue to abide
by the requirements of this chapter in regard to the issuance of a
towing license shall subject the official tower to revocation of the
license in accordance with the procedures contained herein.
A.
Official towers shall furnish adequate and proper wrecking, towing,
storage and emergency repair services to motor vehicles damaged or
disabled within the limits of the Borough, when requested to do so
by the Chief of Police or his authorized designee.
B.
No official tower shall subcontract any work to be performed pursuant
to this chapter except in an emergency situation. The Chief of Police
will, within his reasonable discretion, maintain objective guidelines
on file as to emergencies and use of subcontractors. Any official
tower shall be responsible for the services performed by the subcontractor
and shall remain liable for any violation of this chapter by the subcontractor.
A.
Applications for inclusion on the official towers' list shall be
made to the Borough Council upon a form prepared by the Police Department
and approved by the Borough Attorney and shall contain all of the
following information:
(1)
The name, residence and business address, and telephone number of
the owner of the towing company. If the owner is a corporation, the
application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)
Such information as may be required by the Mayor and Council concerning
the personnel, vehicles, equipment and storage facilities of such
applicant, as hereinafter provided, showing that the applicant meets
the minimum standards of performance.
(3)
Policies or certificates of insurance coverage as hereinafter provided.
(4)
The names and addresses of two business references who have known
the applicant for at least two years.
(5)
Certification that the applicant will be able to provide towing services
anywhere in the Borough with a maximum response time of 20 minutes,
except when extraordinary circumstances occur.
(6)
Certification that the applicant will be available for service on
business premises 24 hours a day, seven days a week, and that they
will abide by the fees contained in or referred to in this section.
(7)
Consent to certification that will consent to appointment of the
Borough Clerk as the applicant's true and lawful attorney for the
purpose of acknowledging service out of any court of competent jurisdiction
to be served against the applicant.
(8)
A sketch plan showing the location of the storage area, the number
of cars that can be stored and the total square footage area of the
storage area.
(9)
Agreement to abide by the general rules and regulations established
by the Police Department in connection with towing procedures within
the Borough.
B.
The applicant shall submit completed duplicate applications to the
Borough Clerk who shall forward a copy to the Chief of Police for
his review and approval. The review by the Borough of Allendale Police
Department shall consist of the following:
(1)
A background check to determine if either the applicant or the applicant's
personnel have been convicted of a criminal offense or have had their
driver's licenses suspended or revoked within the past year. Conviction
of a criminal offense or suspension of driver's license within the
past year shall be a cause for disqualification from inclusion on
the official towers' list.
(2)
An inspection of the personnel, vehicles, equipment and storage area
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.
C.
An applicant may be included on the official towers' list by the
Borough Council, by resolution adopted at a regular public meeting,
when, from a consideration of the application and from such other
information as may otherwise be obtained, they 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 forwarded
the required hold-harmless agreement and policies or certificates
of insurance which shall be reviewed and approved by the Borough's
Risk Management Consultant.
(3)
The application has been reviewed and approved by the Police Department
designee.
(4)
Neither the applicant nor the applicant's personnel have been convicted
of a criminal offense or had their driver's license suspended within
the past year.
D.
The Chief of Police shall conduct a review and render a report to
the Borough Council, recommending either approval or denial of the
application, within 45 days of receipt of the application. The Borough
Council shall take action with regard to the application within 45
days of receipt of the report of the Police Department. The applicant,
or its representative, shall be given notice of the date on which
the Borough Council will consider the application and shall be permitted
to appear and be heard at that time.
E.
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Borough Council.
F.
If the Borough Council fails to take action within 60 days of receipt
of a complete application, the application shall be deemed to have
been denied.
A.
Upon approval of the application as herein provided, the Chief of
Police shall issue the applicant an official towers' license to be
utilized in providing services pursuant to this chapter.
B.
Said licenses shall be in form approved by the Borough Council.
C.
The licenses shall be valid for the three-year period as set forth
in the chapter, shall be nontransferable and shall be subject to revocation
by the Borough Council for any of the following reasons:
(1)
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.
(2)
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.
(3)
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance.
(4)
Unsatisfactory service provided pursuant to this chapter.
D.
The license fee for the license issued under this section shall be $100 per year. The fee for the annual review of certification and inspection of vehicles and equipment submitted by the official tower pursuant to § 240-2 of this chapter shall be $50.
E.
Licenses shall not be transferable without the consent of the Borough
Council; provided, however, that if the licensee demonstrates that
the transferee complies with all of the requirements of this chapter,
such consent shall not be unreasonably withheld.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A.
Minimum vehicle requirements.
(2)
Vehicle classes:
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a dolly assembly, a tow sling or wheel lift
assembly at least 100 feet of either three-eighths-inch or seven-sixteenths-inch
wire rope 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 transporting of
vehicles.
(3)
Every official tower shall have available a heavy-duty wrecker and
under reach shall be rated at 35,000 pounds and shall be capable of
towing new-style buses and trucks with fiberglass front ends.
(4)
All equipment shall comply with all state and federal regulations
and all vehicle operators shall possess a C.D.L. license for over
26,100 pounds.
(5)
Each applicant shall submit, along with its application, proof of
ownership, lease or other written agreement demonstrating availability
as needed of the vehicles which will be utilized to provide services
pursuant to this section.
B.
Minimum equipment requirements.
(1)
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 of the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber-colored.
(d)
Appropriate chains/wire rope/nylon straps for pulling or securing
a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar or pry-bar,
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 onto the roadway and a container of sufficient size
to remove the used compound, a sufficient quantity and types of tools
to enable the tow operator to perform proper and adequate emergency
repair services for the tow.
(2)
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 Police Department at any time. No changes
may be made in said vehicles or equipment unless prior written approval
is obtained from the Borough.
(3)
Every tow vehicle or flatbed vehicle shall display the official towers'
license and shall have the name of the official tower displayed on
the vehicle in such manner and of such lettering as conforms to the
provisions of N.J.S.A. 39:4-46.
(4)
All towing operators' trucks must be equipped with either two-way
radio and/or mobile telephone communications equipment with their
principal place of business including their garage and/or office facilities
to ensure the proper availability of services and equipment on behalf
of the Borough and motorists.
C.
Minimum personnel requirements; availability and response time.
(1)
Official towers shall have available, at all times, a minimum of
two persons to provide the services required by this chapter. All
persons 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:
(a)
Be competent mechanics able to provide minimum road service
for disabled vehicles;
(b)
Have a valid driver's license having no restrictions or conditional
endorsements other than a condition requiring the wearing of eyeglasses;
(c)
Be mentally alert and present a neat appearance at all times;
(d)
Obey all traffic laws and regulations;
(e)
Be subject to inspection by the Police Department of the Borough
and be approved by the Borough prior to rendering any services pursuant
to this chapter.
(f)
Not have been convicted of a crime nor had their driving privileges
suspended or revoked within the past year.
(2)
Employees of the towing operator, in responding to a call, shall
request and be afforded police assistance during the course of providing
towing, emergency road services or removal of abandoned or accident
vehicles when such employees find it necessary to turn around, back
up, tow in the opposite direction of traffic, or cross the median.
(3)
A towing operator shall not permit a vehicle to be removed from the
site of a vehicular accident, the scene of a crime or any other instance
or situation without the prior approval and permission of a police
officer and/or superior at the scene.
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an outside secured storage area
meeting the following requirements:
(a)
The storage area shall be at least 6,000 square feet and capable
of storing a minimum of 10 passenger vehicles and one tractor and
trailer. The area shall have additional storage of at least 800 square
feet of storage facilities to hold and protect "police hold" vehicles.
(b)
The location of the towing facility and storage area shall be
within a one-mile radius from any borderline of the Borough of Allendale.
This location is established to ensure reasonable response and towing
distances.
(c)
The storage area shall be fully enclosed by a sturdy fence having
a minimum height of six feet, with at least one lockable gate for
ingress and egress and shall be lighted from dusk to dawn.
(d)
The storage area shall be in an area legally zoned for such
use and shall have video surveillance.
(e)
The storage facility shall be available 24 hours a day, 365
days per year and shall be open to the public on weekdays during normal
business hours and for four hours on Saturdays. The applicant shall
specify the hours on which the facility will be open on Saturdays.
The applicant is not required to be open on Sundays.
(f)
The official tower shall have an employee on duty during all
hours in which the storage facility is open.
(g)
The hours of release for any impounded vehicles are Monday through
Friday from 8:00 a.m. to 4:30 p.m. If the owner of the vehicle is
requesting that the vehicle be released after hours, there will be
a fee of $60 for after-hours release.
(h)
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
(i)
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.
A.
Official towers shall be placed on the official towers' list at the
beginning of each three-year period in accordance with the procedures
as set forth in this chapter. The official towers shall rotate on
the list for one week at a time or for such a period as designated
by the Chief of Police. The one-week rotation shall commence at 12:00
a.m. Sunday and terminate at 11:59 p.m. the following Saturday.
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 tow vehicle is available or if, in the discretion of
the Borough official making the request, the response time is insufficient
under the circumstances to properly protect the public health, safety
or welfare, the next official tower on the list shall be called for
that particular towing event. For the purposes of this chapter, any
response time greater than 20 minutes is insufficient for all police
service requests.
C.
All requests for service shall be made by the Police Department.
D.
The Police Department shall request service only from official towers;
provided, however, that if no emergency or imminent road hazard exists,
the Borough shall request such service from such other person as the
owner of the motor vehicle in need of such services may request; and
provided further that, if none of the official towers are available
or able to provide such services as are requested by the Borough,
or if an emergency exists, the Borough may request such services from
any other available source.
E.
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.
Applicant 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, fees, costs, expenses, fines or penalties 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 provisions
of towing, wrecking, storage and/or emergency services provided at
the request of the Borough pursuant to this chapter. Official towers
shall enter into a hold-harmless agreement in a form to be prepared
by the Borough Attorney prior to being included on the official towers'
list.
The tower 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 tower shall provide a certified
copy of the policies and/or certificates of insurance satisfactory
to the Borough prior to commencement of work. All policies and/or
certificates shall be submitted to the Borough Risk Management Consultant
for review and approval.
A.
Garage liability insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence including premises operations and products/completed
operations.
B.
Automobile and general property damage.
C.
Garagekeepers' 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 one-million-dollar
garage, auto liability coverage and general property damage and liability
coverage.
E.
On all liability policies, the Borough shall be added as an additional
insured, and insurance policies and/or certificates shall indicate
such coverage as primary coverage notwithstanding any insurance carried
by the Borough.
F.
Workers' compensation insurance. New Jersey Statutory coverage, including
employer's liability coverage.
G.
The tower 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 tower,
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 of Allendale shall be furnished
forthwith. Each such policy or certificate shall contain a provision
that it is not subject to material change, cancellation or nonrenewal
unless 30 days prior written notice via certified mail/return receipt
shall have been given to the Borough of Allendale 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 obligation assumed by the
tower for which the tower may be liable by law or otherwise.
J.
If any policies contain deductible or copayments, it shall be the
responsibility of the tower to pay such sums at the same time a claim
is settled by the tower's insurance company.
K.
If any policies contain limits of liability with an aggregate limit,
the tower or tower'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.
Policies of insurance required by this section shall be maintained
in full force and effect at all times. In the event that any coverage
is cancelled, terminated or coverage decreased in amount, same shall
constitute a material breach of the license and the tower shall be
immediately removed from the official towers' list until such time
as required coverage is reinstated.
M.
All policies shall be written in 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-Vii (A minus seven). They
shall be written on an ISO (Insurance Services Office) form or better.
[Amended 6-30-2022 by Ord. No. 22-05]
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.
B.
The following is a fee schedule for basic automobiles, motorcycles,
motorized bikes, towing services and heavy-duty recovery.
C.
Motorcycle rate: $150.
D.
(Reserved)
E.
(Reserved)
F.
Additional services.
(1)
If a tower is called by police and arrives on the scene and the owner
refuses services or no service is required, there is a fee of $75
for the tow truck responding.
(2)
The following fee schedule applies in lieu of the foregoing repealed
fees:
|
Road Services Only
| |
|---|---|
|
Cars (light)
|
$125 per hour plus parts
|
|
Trucks (medium/heavy)
|
$175 per hour plus parts
|
|
Towing - Basic
| |
|---|---|
|
Light duty: up to 8,000 pounds
|
Hook-up: $150
|
|
Medium duty: 8,001 to 16,000 pounds
|
$250 per hour
|
|
Heavy duty: 16,001 pounds and above
|
$500 per hour
|
|
Decoupling fee (if tow is not performed)
|
1/2 of basic rate
|
|
Light Duty on Hook Mileage When Vehicle is Not Towed to Storage
Yard or Towed Out of Town
| |
|---|---|
|
Light duty
|
$6 per loaded mile
|
|
Medium duty
|
N/A
|
|
Heavy duty
|
N/A
|
|
Note: Light-duty vehicles to be towed out-of-state
will require an agreed price and/or hourly rate.
|
|
Recovery/winching
(in addition to towing - per truck including driver)
| |
|---|---|
|
Light/medium duty: up to 16,000 pounds
|
$350 per hour
|
|
Heavy duty: 16,001 pounds and above
|
$600 per hour
|
|
Specialized Recovery Equipment
| |
|---|---|
|
Rotator/crane recovery unit
|
$1,200 per hour
|
|
Tractor with Landoll trailer or detach trailer
|
$450 per hour
|
|
Tractor/transport hauler only
|
$250 per hour
|
|
Refrigerated trailer with tractor
|
$450 per hour
|
|
Box trailer with tractor
|
$400 per hour
|
|
Air cushion unit
|
$1,000 per hour
|
|
Light tower
|
$250 per hour
|
|
Pallet jack
|
$200 per hour
|
|
Rollers
|
$200 flat rate
|
|
Any other specialized equipment
|
$250 per hour
|
|
Loader/backhoe/telescopic Handler/bulldozer/Bobcat
|
$300 per hour each
|
|
Forklift
|
$300 per hour
|
|
Dump truck/dump trailer with tractor
|
$350 per hour
|
|
Roll-off with container
|
$350 per hour, plus disposal
|
|
Recovery supervisor vehicle
|
$150 per hour
|
|
Scene safety equipment, communication equipment, traffic management
equipment, etc.
|
$250 per hour each type used
|
|
Recovery support vehicle/trailer, additional recovery equipment
|
$350 per hour
|
|
Labor - All Labor Minimum of One Hour
| |
|---|---|
|
Accident: minor cleanup and disposal of debris
|
$75 per hour, one hour minimum, plus absorbant materials used
|
|
Recovery supervisor and/or Level III recovery specialist
|
$225 per hour
|
|
Certified towing operator
|
$125 per hour per man
|
|
Manual laborers
|
$100 per hour per man
|
|
Storage - Per Calendar Day (inside rates two times outside rate)
| |
|---|---|
|
Cars/light trucks: 10 foot by 20 foot 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 foot
by 20 foot space
|
$45 per space used per day.
|
|
Rental of any tow company supplied trailer post-incident
|
$500 per day
|
|
Note: Storage billed per calendar day.
|
|
Additional Services/Notes
| |
|---|---|
|
Fuel/hazmat/cargo spills cleanup and disposal
|
Time and material
|
|
Hazmat and trash recovery
|
Surcharged 10%
|
|
Subcontractor markup
|
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
|
|
Fuel surcharge
|
Reserved for future need
|
G.
Heavy vehicle recovery (over 16,000 pounds).
(1)
To provide heavy vehicle recovery, the Borough of Allendale 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 such as wreck
master.
(2)
To perform heavy vehicle recovery under this chapter, 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 nature 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.
(4)
There is a 3% annual cost-of-living increase on all fees listed herein.
(5)
Acceptance of credit/debit cards are at the towing company's
discretion. A maximum 4% service fee may be added to offset expenses.
Credit/debit cards do not have to be accepted for any impounded 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 Municipal Building and Police Department.
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 the fees that may
be charged for all services provided 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 towner's list
shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit-sharing agreement.
E.
The municipality 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 the 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. No licensee shall discriminate as to
hiring or employment practices. Licensees shall be required to sign
a nondiscrimination statement.
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 paragraph are met.
H.
The official tower shall comply with all state and federal laws and
regulations concerning wages, hours and terms of employment.
A.
In the event a complaint is received by the Borough of Allendale
involving the improper or unsatisfactory performance of services by
an official tower, in violation of this chapter, excessive charges
or damage to a motor vehicle while in custody of the tower, written
notice of same shall be provided by the Chief of Police to the official
tower involved. The tower shall have the opportunity to respond in
writing within seven days.
B.
Within 14 days of receipt of the tower's response, or within 21 days
of receipt of the complaint, if no response is received, the matter
shall be presented by the Chief of Police to the Mayor and Council.
C.
The Mayor and Council shall, thereafter, consider the matter at the
regular public meeting and may request that the complainant and the
tower involved appear and give testimony regarding the complaint.
D.
After considering the matter and the evidence presented, the Mayor
and Council shall make certain findings and conclusions relative to
the complaint which shall constitute their decision. If the Council
finds in favor of the complainant and against the official tower,
the Council may consider and impose the following penalties.
(1)
Suspension of the official towers' license;
(2)
Revocation of such license for a fixed period or duration;
(3)
Permanent revocation of the official towers' license;
(4)
Such other penalty as the Mayor and Council deems just and appropriate
under the circumstances. In considering the imposition of a suspension,
revocation or other penalty, the Council shall take into account factors
including, but not limited to, any prior violations of the tower,
the nature and seriousness of the complaint, the danger to the health
safety and welfare of the public.
E.
Failure to surrender the license upon revocation shall constitute
a violation of this chapter.
F.
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.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $1,000;
and 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.
B.
In addition to the fine provided above, a violation of any of the
provisions of this chapter shall be cause for suspension or revocation
of the official towers' license.
C.
The Borough Police Department or any member thereof is hereby declared
to be the enforcement agency of this chapter in accordance with due
process of law.
Each section of this chapter and every subsection hereof shall
be deemed independent, separate and distinct from all other sections,
and the holding of any section or a part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any section or part hereof.
All ordinances, codes or parts thereof that are inconsistent with this chapter are repealed or otherwise modified, including §§ 240-1 to 240-18.[1]
[1]
Editor's Note: This section refers to former Ch. 240, Towing,
adopted 7-23-1998.
This chapter shall take effect upon passage and publication
as required by law.
