[HISTORY: Adopted by the Township Council of the Township of Cedar
Grove 6-7-2001 by Ord. No. 01-560. Amendments noted where applicable.]
The purpose of this chapter is to establish, pursuant to N.J.S.A. 40A:11-5(1)(u),
a list of towing contractors to provide towing services for the Township of
Cedar Grove ("Township") on a rotating basis, and to establish, pursuant to
N.J.S.A. 40:48-2.49, regulations governing contractors engaged in the removal
of motor vehicles.
The following words and terms, when used in this chapter, shall have
the following meanings, unless context clearly indicates otherwise:
Any automobile which is parked in a public place or on a person's
property without the property owner's consent, without the current year's
registration or license plates, as required by law, for a period of more than
48 hours or is positioned so as to constitute an obstruction to traffic.
A private passenger automobile of a private passenger, station wagon,
or sport utility vehicle type that is owned or leased and is neither used
as a public or livery conveyance for passengers not 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, not customarily used in the occupation, profession or business
of the owner(s).
The location where the towing contractor stations its tow vehicle(s)
when not in use.
The removal and transportation of an automobile at the request or
call of authorized personnel or members of the Police Department as may be
required when abandoned, disabled, damaged in accidents, illegally parked,
recovered after being stolen or in cases of emergency, 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.
A car carrier shall have a commercially manufactured chassis certified
by the manufacturer. The vehicle shall be equipped with a hydraulically powered
winch. The tilt bed or slide back shall be hydraulically operated. The vehicle
shall also be equipped with tie-down chains, proper safety lights and amber
rotation emergency flashing lights.
The Chief of the Police Department of the Township or his/her designee.
A light duty wrecker shall have a commercially manufactured chassis
certified by the manufacturer for light duty towing. Each shall be equipped
with a commercially manufactured lifting apparatus with dual rear wheels,
safety chains, proper safety lights, rear floodlights and amber rotation emergency
flashing lights.
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 to one person even if caused by the intentional acts
of another.
All towing services which are not basic towing services or private
passenger automobiles, as defined herein.
The maximum allowable amount of storage charges to be charged per
twenty-four-hour period or a fraction thereof. Each new twenty-four-hour period
begins at 12:01 a.m.
A licensed individual or entity placed upon the rotary list that
performs towing services for the Township.
A storage area or lot owned by the Township.
Only those vehicles equipped with a boom or booms, winches, slings,
tiltbeds, wheel lifts, or under reach equipment specifically designed by its
manufacturer for the removal or transport of private passenger automobiles.
A.Â
This chapter establishes a list of towing contractors
to provide basic and nonbasic towing services for the Township on a rotating
basis. The Police Department will maintain the rotary list and determine the
time period for each rotation. The list of towing contractors shall be determined
by and under the direct supervision of the Chief of Police.
B.Â
A towing contractor shall be placed on the rotary list
in the order in which its application was approved. Each new towing contractor
shall initially be placed last on the list. No towing contractor may be listed
more than once and no contractor shall be permitted to lease its tow vehicles
to another licensed tow contractor in order to receive multiple listings.
C.Â
Towing services must be provided on a twenty-four-hour,
seven-days-per-week basis. It is required that a tow vehicle be on the site
of the event within 15 minutes of the time of the call from the Police Department.
If a towing contractor is called and for any reason does not or cannot perform
the requested towing service, the next towing contractor on the list will
be called to perform the towing service.
D.Â
If no towing contractor on the rotating list is able
to perform towing services when necessary, the Township is entitled to have
said service performed by a towing contractor not contained on the rotating
list.
E.Â
During adverse weather conditions or other emergency
conditions, all towing contractors on the rotating list shall give priority
to requests for towing services made by the Township over requests made by
third parties.
A.Â
A person or entity seeking placement on the rotary list
shall be required to submit an application and receive the approval of the
Police Department before issuance of a towing contractor's license.
B.Â
All applicants are required to complete a form furnished
by the Township Clerk, providing any and all information prescribed by the
Chief of Police. This information includes, but is not limited to, the following:
(1)Â
The name, business address, telephone number, driver's
license number, social security number of the owner of the towing company.
If the owner is a corporation, the application shall contain the name, residence,
business address, and telephone number of every stockholder owning more than
10% of issued stock, as well as the entity's employer identification number.
(2)Â
Policies or certificates of insurance coverage as provided
in this chapter.
(3)Â
The names, addresses, and telephone numbers of two business
references who have known the applicant for at least two years.
(4)Â
Certification that the applicant will be able to provide
towing services anywhere in the Township with a maximum response time of 15
minutes.
(5)Â
Certification that storage facilities and service will
be available as provided in this chapter.
(6)Â
Certification of consent to appointing Township Clerk
as the applicant's true and lawful attorney for the purpose of accepting and
acknowledging service of legal process by any court of competent jurisdiction
against the applicant.
(7)Â
A sketch plan indicating the location of the storage
area, the number of vehicles that can be properly stored, and the total square
footage of the storage area.
C.Â
Each towing contractor must be able to demonstrate to
the Township that it is thoroughly qualified and experienced in the towing
and removal of vehicles of all types, and that it has adequate facilities,
equipment, expertise, licensing, and personnel to perform the services required
by these specifications in a manner satisfactory to the Police Department.
Among other requirements promulgated from time to time by the Police Department,
these specifications include storage capacity of up to 30 vehicles, storage
facility equipped with a security fence, ample lighting, and twenty-four-hour
security cameras. The towing contractor's storage facilities shall not be
located more than 2.5 miles from any Township border.
[Amended 6-20-2005 by Ord. No. 05-631]
D.Â
The Police Department will conduct a background check
of the towing contractor, its officers, and employees prior to making a determination
of placement on the towing list. Any persistent violations and/or high incident
of motor vehicle accidents in the past 10 years may warrant a driver ineligible.
A conviction of a felony will disqualify any contractor unless waived by the
Township upon application and for good cause.
E.Â
A towing license may be denied, suspended, or revoked
upon any of the following grounds:
(1)Â
Submitting a fraudulent or misleading application.
(2)Â
A criminal conviction of the towing operator or a named
principal of the towing operator.
(3)Â
Failure to respond reliably and promptly to calls for
assistance or any other unsatisfactory performance action which interferes
with the proper operation of the rotating system maintained by the Police
Department.
(4)Â
Failure to utilize safe and adequate equipment as defined
in this chapter.
(5)Â
Violations of motor vehicle laws and/or municipal ordinances.
(6)Â
Failure or refusal to tow or remove a motor vehicle when
requested to do so by an appropriate municipal official.
(7)Â
Violations of Chapter 268, Zoning, or any other applicable ordinances or codes of the Township pertaining to the use or condition of the premises used by the licensee in conducting the towing business.
(8)Â
Violations of the provisions of this chapter or any of
its rules, regulations, and policies promulgated under it.
F.Â
Licenses shall be issued for a period from January 1
to December 31 and renewed for the succeeding year if all qualifications are
met.
A.Â
When an application for a license is denied by the Township,
the applicant may request a hearing on said application by the service of
a notice requesting a hearing. Said notice shall be served on the Township
Clerk. At the next regularly scheduled meeting of the governing body, a hearing
date shall be set which shall be no less than seven days nor more than 30
days from the date of governing body's scheduled meeting.
B.Â
Proceedings for the suspension or revocation of a license
shall be initiated by the service of a notice of charges proffered against
the licensee. Said notice shall be served by the Chief of Police or his/her
designee, either personally or by certified mail, return receipt requested,
and shall contain a date, time and place for a hearing to be held by the governing
body of the Township. Said hearing shall be scheduled no less than seven days
nor more than 30 days after the notice of the proposed suspension or revocation
shall be served upon the licensee. The licensee shall have the right to file
an answer to the notice and to appear in person, or be represented by counsel,
and give testimony at the place and time fixed for the hearing.
The Police Department in general and the Chief of Police in particular
shall enforce the provisions of this chapter as well as rules and regulations
adopted under it.
A.Â
Cards and statement of rates.
(1)Â
The contractor, at its own expense, shall prepare a written
statement of rates on three-inch-by-five-inch printed cards which will be
provided to the Police Department for distribution to vehicle owners at the
scene of an accident.
(2)Â
The rate card shall provide information on claiming a
vehicle, the name of the business, its owner, tower's license number, as well
as the business location, telephone number and hours of operation for the
public. The card shall also state its rates for towing services, and include
all methods of acceptable payment.
(3)Â
The rates applicable to towing services performed shall
be posted in a conspicuous place, visible to the public at the contractor's
place of business.
(4)Â
The contractor shall, at its expense, prepare a printed bill for distribution to the customer, reflecting the fee to be paid in accordance with the rates stated on the printed card, unless otherwise approved by the Police Department. The bill shall also include the information set forth in Subsection A(2), as well as a statement to the effect that all complaints shall be referred to the Police Department. The format of this form shall be approved by the Township Manager.
(5)Â
The contractor shall accept from any owner, or his representative,
methods of payment in the form of cash, certified check, money order and by
at least one major credit card. A major credit card is defined as one issued
under American Express, Discover, Master Card, or Visa. The contractor is
not obligated to accept personal checks for payment.
B.Â
Hours of service.
(1)Â
Towing services must be provided on a twenty-four-hour,
seven-day-per-week basis. It is required that a tow vehicle be on the site
of the event within 15 minutes of the time of the call from the Police Department.
The contractor shall provide the Police Department a telephone number which
will be manned at all times to quickly dispatch tow vehicles.
(2)Â
The contractor's normal hours of operation for the public
shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday. The Police Department
shall be provided twenty-four-hour access to the tow contractor's yard.
C.Â
Employees.
(1)Â
The towing contractor shall employ a sufficient number
of employees to comply with the minimum operational requirements.
(2)Â
No person shall be employed by the contractor for towing
under this chapter unless he or she has submitted to a background check and
has been approved by the Police Department.
(3)Â
All drivers of the contractor shall be over the age of
18 years and must have a valid, current, New Jersey State driver's license,
shall be in good health, and shall possess good community standing.
(4)Â
In order to keep information current, the contractor
will be required to submit a roster of drivers to the Police Department on
a monthly basis. No driver shall perform services unless previously listed
by the contractor and approved by the Police Department.
(5)Â
Complaints of any kind, relative to service, overcharging,
theft of parts, damage to towed vehicles, discourteous treatment, and the
like, shall be referred to the Police Department for investigations.
(6)Â
All employees of the contractor shall wear uniform clothing
with a name patch indicating the employee's first name and name of the contractor's
company. All employees shall be clean, neat, and make a good appearance. All
employees of the contractor will be required to wear photo identification
badges.
(7)Â
The contractor agrees that the owners or officers of
the contractor shall be responsible, except as otherwise provided by law,
for the negligent acts of their employees while acting under this chapter.
D.Â
Conduct of contractors and operators generally. No person
owning or operating a tow vehicle shall:
(1)Â
Stand at any public street, intersection, or any public
property, awaiting for employment, without first obtaining the consent of
a police officer, or stand on any private property without first obtaining
the consent of the owner of the property.
(2)Â
Seek employment by repeatedly and persistently driving
his tow vehicle in a short space in front of any disabled vehicle or by otherwise
interfering with the properly and orderly progress of traffic along the public
highways. The contractor shall wait until it receives official notification
from the Police Department of the Township before commencing operations.
(3)Â
Permit or invite loitering within or near the tow vehicle.
(4)Â
Solicit, demand, or receive from any person any pay,
commission or compensation whatsoever, except the proper fee for transporting
the disabled vehicle in accordance with the schedule of service rates listed
in those specifications.
(5)Â
Pay any gratuity, tip, moneys or compensation of any
kind to any third person not involved in the accident or to any Township employee,
for information as to the location of the accident, or for soliciting the
employment of licensee's services, nor give any gratuities, fees or other
compensation or gifts to any Township employee.
(6)Â
Act in an unprofessional manner, be discourteous or disrespectful
to members of the public as well as representatives of the Township. While
members of the public, especially those whose cars may have been towed or
impounded, may at times resort to strong language, threats and unbecoming
behavior toward the contractor, the contractor and its employees are expected
to exercise restraint and not to respond in kind, and thereby reflect unfavorably
on the Township.
E.Â
Classification of equipment.
(1)Â
The contractor must provide with its application a detailed
listing of the equipment to be utilized while on the towing list. The listing
shall include the following information: type of vehicle, storage location
of vehicles and whether vehicle is owned or leased. All leased and rented
equipment must be permanently located at the contractor's base of service
at all times during the term of the contract. Each piece of the equipment
must meet the minimum standards set forth herein. Equipment that cannot meet
these minimum standards shall not be used for the towing list. The contractor
is solely responsible for the safety, maintenance, and operation of each piece
of equipment utilized while on the towing list. The contractor shall provide
a minimum of one light duty wrecker, one car carrier vehicle and one of those
vehicles shall be equipped with four-wheel drive.
(2)Â
The Police Department shall keep a register of the names
of all those owning or operating tow vehicles accepted on the towing list,
together with the license number, the description of such wreckers and the
date and complete record of inspections made of them by the Police Department.
This register shall be maintained by the contractor. All operators being used
on the tow list shall meet all of the licensing requirements of the Township.
(3)Â
The towing contractor shall supply manufacturer's certification
of the lifting capacities of the devices on each type of vehicle with application
submission. A certified testing laboratory test result is also acceptable
for rating lift capacity.
(4)Â
Tow vehicles shall be equipped with two-way communications
with tow contractor's office facilities. These communications shall be available
24 hours a day.
(5)Â
Tow vehicles shall be equipped at all times with safety
vests for operators, first aid kits, hand tools, lockout kits, flashlight,
broom, shovel, work gloves and receipts for services rendered. No additional
charge for use of this equipment is permitted.
(6)Â
Tow vehicles shall be kept in a clean and neat appearance
so as to be reasonably accommodating to persons who may come in contact with
such vehicles.
(7)Â
Tow vehicles shall have the name, address, and telephone
number of the contractor painted on or permanently attached to both sides
of the tow vehicle in compliance with Motor Vehicle and Traffic Laws of New
Jersey (Title 39 of the Revised Statutes).
(8)Â
All tow vehicles shall be properly permitted by the State
of New Jersey for the use of flashing amber emergency lights. Permits shall
be in compliance with Motor Vehicle and Traffic Laws as referenced above.
(9)Â
All tow vehicles shall be registered in the name of the
contractor in compliance with Motor Vehicle and Traffic Laws as referenced
above.
F.Â
Record book of vehicles towed.
(1)Â
The contractor shall record all vehicles towed in a book
kept for such purposes. The details of each disabled vehicle towed, serviced
or transported together with full information of the towed vehicle and name
and address of the owner and the charges paid for his services. Full information
of the towed vehicle shall include, but not be limited to, the vehicle's license
number, VIN registration number, make, model, color and year. The record book
herein described shall be kept open for inspection at all times by any duly
authorized representative of the Township. A monthly towing record containing
the information herein stated above shall be filed with the Police Department
and the Township Clerk setting forth the details of all tows by vehicle type,
date, time of day, sector, and whether additional services were required.
Each incident shall be reported using the invoice number used for billing.
The form of these reports shall be approved by the Chief of Police.
(2)Â
The contractor shall maintain a record of all personal
property in a towed vehicle that it can observe in sight at the time the vehicle
comes into possession.
(3)Â
Authorized representatives of the Township shall have
access to any of the records required to be kept by the contractor.
(4)Â
There shall be a consecutive, sequential control number
assigned by the Police Department to be used in every instance by the Township
and the contractors. All forms, communications, and other documents memorializing
the transaction shall use this control number.
G.Â
Policies and procedures.
(1)Â
The Chief of Police is hereby authorized and empowered
to establish from time to time written policies and procedures as may be reasonable
and necessary to obtain compliance with the terms of this chapter and the
laws of the State of New Jersey. All written policies promulgated by the Chief
of Police shall be approved by resolution of the Township Council.
(2)Â
All regulations, policies and procedures as well as the
tower's rate cards shall be made available for inspection by the public at
the Township Clerk's office during normal business hours.
H.Â
Disputes and adjustments.
(1)Â
Complaints by motor vehicle owners of price gouging or
any other objectionable practice by any tow contractor will be referred to
the Chief of Police who shall promptly investigate and resolve any disputes.
(2)Â
Any disputes over the interpretation of this chapter,
including the reasonableness of any charges assessed, shall be settled amicably,
if possible, through negotiations between the contractor, the Police Department
and the Township Manager.
(3)Â
In cases where the Township has mistakenly directed that
a vehicle be towed or has acted on incorrect information supplied by official
sources, the contractor will be reimbursed by the Township only for the minimum
applicable towing fee as stipulated herein.
I.Â
Subcontracts and leases.
(1)Â
Towing contractors shall not lease or rent equipment
without the written approval of the Township. The equipment must comply with
the minimum requirements of these specifications and the contract to lease
or rent equipment must be at least for the duration of service with the Township.
All leased and rented equipment must be permanently located at the contractor's
base of service at all times while the contractor is on the tow list. Copies
of all leases must be filed with the Township Clerk.
(2)Â
Except as set forth in Subsection I(3) below, the tow contractor shall not be able to subcontract his equipment or portions of the work to other tow contractors.
(3)Â
In the event that a tow contract on the rotating list
is unavailable due to vacation, the tow contractor may subcontract his equipment
or work for a maximum of two weeks twice per year only to another tow contractor
who is approved by the Chief of Police.
A.Â
The following fees are established as being the usual,
customary, and reasonable rates which shall be charged for towing and storage
of automobiles defined as basic towing service:
(1)Â
Towing of impounded cars: $95.
[Amended 9-8-2003 by Ord. No. 03-598; 2-14-2005
by Ord. No. 05-626]
(2)Â
Towing cars (if flatbed is required): $100.
[Amended 9-8-2003 by Ord. No. 03-598; 2-14-2005
by Ord. No. 05-626]
(3)Â
Storage: $30 for each calendar day.
[Amended 9-8-2003 by Ord. No. 03-598]
(4)Â
Yard charge only for accidents: $40.
B.Â
There shall be no additional charges, other than those
provided in the fee schedule, including, but not limited to, flat-bedding,
waiting time, winching, up-riding, cleanup costs, and additional labor.
C.Â
The above towing charges shall not apply when the operator
of vehicle elects either a specific tower or to be towed to a destination
other than the licensed storage facility. In such cases, the towing charges
shall be mutually agreed upon between the operator of the vehicle and the
towing contractor.
This chapter is not intended to regulate or set fees for nonbasic towing
services or the towing or storage of trucks and buses. Such service, if requested,
shall be billed at reasonable prevailing rates. The towing contractor shall
submit a list of fees in advance for nonbasic towing to the Chief of Police,
who shall have the sole discretion in determining reasonable prevailing rates.
A.Â
The towing fees set forth for basic towing service and
those billed for nonbasic towing service are the amounts that the towing contractor
will charge to the vehicle owner or representative. Unless otherwise provided
in this chapter, the Township shall never be responsible for payment of any
towing charges, except for Township-owned vehicles.
B.Â
In the event the Police Department requires a vehicle
involved in a crime or a fatal accident to be held for investigation, the
Chief of Police may, after review of all of the circumstances, waive storage
fees, or a portion thereof, incurred up to the date of release.
A.Â
Towing contractors shall be required to purchase, maintain,
and provide during the time of service on the rotary list proof of insurance
furnished by a reputable insurance company licensed to do business in the
State of New Jersey, containing the following coverage with liability limits
as set forth below:
(1)Â
Garage liability/comprehensive general liability insurance
policy in an amount not less than $1,000,000 combined single limit covering
bodily injury and property damage liability including but not limited to personal
injury; products liability (where applicable), independent contractor, and
completed operation coverage.
(2)Â
Garagekeepers' legal liability insurance policy in an
amount not less than $500,000. Said policy must include both comprehensive
and collision, and an endorsement to include "on hook."
(3)Â
Automobile liability insurance policy in an amount not
less than $500,000 combined single limit covering bodily injury and property
damage liability including but not limited to owned, nonowned, and hired vehicles.
(4)Â
Workers' compensation insurance as required by law, including,
but not limited to, statutory New Jersey workers' compensation benefits, and
employers' liability of at least $100,000.
(5)Â
Excess/umbrella liability. In the event that garage liability
and/or automobile liability cannot be purchased up to the required $1,000,000
limit, an excess liability or umbrella liability policy must be purchased
to effect a total liability limit of $1,000,000. Excess or umbrella liability
policies will not be required for garage and automobile policies that meet
or exceed the $1,000,000 minimum limit.
B.Â
The garage liability and automobile liability policies
shall name the Township as additional insured and certificate holder.
The towing contractor will execute an agreement to hold harmless, indemnify
and defend, at contractor's expense, the Township, its employees and officials
from any and all claims, demands, suit or action for personal injury or property
damage brought against the Township, its employees and officials for any activities
which arise out of any services performed under this chapter.
