License shall be issued for one calendar year
commencing January 1 or as an interim license for any unexpired term
of a license, expiring the next succeeding January 1 at 12:00 midnight.
[Amended 5-23-2017 by Ord. No. 17-03]
A. All applications shall be investigated and evaluated by the Borough
Police Chief or his designee regarding the applicant's background
and qualifications, and a report of the Police Chief's findings and
recommendations shall be submitted to the governing body within 30
days of the receipt of said application. All applicants shall execute
releases for information to be obtained by the Police Chief to complete
the investigation and evaluation.
B. All applications are subject to review and approval by the governing
body of the Borough of Oradell. Only those applicants that are responsible
and qualified pursuant to the provisions of this article shall be
approved. All approved applicants shall be required to execute contracts
with the Borough of Oradell to provide the towing and storage services
referred to herein.
C. All billings for towing and storage services shall be itemized for
the services actually rendered pursuant to the fee schedule as set
forth herein. A copy of the fee schedule shall be available to the
public at the towing operator's place of business during normal business
hours.
D. The towing operator shall have the ability to apply for junk titles
and to arrange and dispose of junk cars.
E. The towing operator shall agree to defend, indemnify and hold harmless
the Borough of Oradell for any and all suits; judgments; costs; expenses,
including attorney's fees and claims on account of breach of contract;
damaged property; or personal injuries, including death, arising out
of or in any way connected with the towing and storage services to
be provided.
F. The governing body hereby designates the Police Department, generally,
and the Chief of Police, in particular, or his designee, as the supervising
authorities to enforce the provisions of this article as well as the
rules and regulations adopted hereunder.
G. Refusal to tow an abandoned or stolen motor vehicle or at the scene
of a motor vehicle accident may result in the disqualification of
the towing operator, and a report of said refusal shall be furnished
to the Chief of Police and the Borough Clerk by the investigating
officer at the scene of the accident as soon as possible.
H. If the licensee summoned is unable to respond within the time constraints
specified in this chapter, he or it shall so notify the individual
requesting the service and the Police Department and shall advise
as to the reason for the delay and when the licensee will be able
to respond.
I. The towing operator operating pursuant to the license issued hereunder
shall not employ, either directly or indirectly, any personnel or
employees of the Borough of Oradell.
J. The Borough of Oradell Police Department shall maintain a log record
of calls to the licensed towing operator, and said record shall be
available for inspection by any licensed tow operator upon reasonable
notice.
K. An individual whose motor vehicle has been towed and/or stored has
the right to retrieve any of his or her personal possessions therefrom,
even when said motor vehicle is within the possession of the towing
operator. "Personal property" shall be defined to mean anything that
is not permanently attached to the motor vehicle so as to be an integral
part thereof. An individual seeking the retrieval of any personal
items shall arrange with the towing operator to obtain said items
and shall be required to execute a receipt therefor. The towing operator
shall maintain copies of all such receipts.
L. The Borough of Oradell reserves the right to review the qualifications
of any personnel employed by the towing operator at any time.
M. The towing operator and any of his or its employees are independent
contractors, and they do not represent nor are they employed by the
Borough of Oradell.
N. The towing operator shall, at all times, be responsible for the conduct
of his or its employees and shall be liable to the Borough of Oradell
and the owners of any motor vehicles towed or stored by the towing
operator for any injuries, damages or costs incurred as a result of
the conduct of said employees.
O. The towing operator shall comply with all state and federal laws
and regulations concerning the hiring of employees, their wages, hours
and terms of employment.
P. The Borough of Oradell is not liable for any of the services performed
by the contractor unless those services are performed for municipal
vehicles. The contractor shall proceed directly against the individual
owner of the motor vehicle for all fees and charges incurred.
Q. The towing operator shall maintain a record of all vehicles towed,
including the date towed, where the vehicle was stored, when the vehicle
was released and the fees charged, together with any and all other
services rendered. Said records shall be maintained at the principal
place of business of the towing operator as set forth on the application,
and said records shall be maintained for a minimum of three years.
[Amended 10-27-2015 by Ord. No. 15-10]
A. Each of the first five approved licensees shall be placed on a list
of rotating basis by the Chief of Police. A calendar shall be prepared
designating each day on the calendar as the day that a licensed tow
truck operator is responsible. A licensed towing company may substitute
another company for the date scheduled for the towing company if the
substitute company is on the licensed towing list.
[Amended 5-23-2017 by Ord. No. 17-03]
B. The licensed tow company must be available to tow cars on a twenty-four-hour-a-day
basis. If the company on duty is not available on a particular day,
then the next listed company will be called. Nonavailability on the
date scheduled, without a substitute company, will be considered a
violation of the license.
C. A licensed towing company will be responsible for cleaning any debris
left at the accident scene.
D. A response time of 15 minutes will be expected from each licensed
towing company called by the Police Department. If the towing company
on duty fails to respond within the time period, the next listed licensed
towing company will be called. Failure to respond within the stated
time frame will be considered a violation of the license.
E. All licensed towing companies will provide road service calls as
required by the Police Department. Such calls shall include jump-starting
vehicles, changing tires and opening locked vehicles. The fee for
these services shall be at a fair rate.
The Borough and its police shall not be liable
to a licensee with respect to services rendered to any owner pursuant
to the license or otherwise. The licensee shall look only to the owner
of such vehicle for payment of service charges or any other compensation.
The application of a towing operator for a license
pursuant to this chapter shall include an agreement by the towing
operator that, upon the issuance of a license, the licensee shall
indemnify the Borough against all claims of third parties relating
to towing services, storage services or any other roadside services
provided by the licensee.
The Chief of Police may issue rules and regulations
from time to time on the operation of the towing services and storage
facilities to implement but not exceed the purposes of this chapter.
The license required by this chapter shall not
be transferred or assigned without prior written consent of the Chief
of Police.