The preservation and furtherance of the public
peace, order and welfare of the borough mandates that the borough
make provisions for the efficient and reasonable removal of motor
vehicles abandoned or disabled in its streets so as to promote the
free flow of traffic therein and for the removal and storage of abandoned
and stolen vehicles, those involved in traffic accidents and suspected
crimes and those blocking the streets in emergencies.
As used in this chapter, the following terms
shall have the meanings indicated:
AUTOMOBILE
A motor vehicle of a private-passenger-type 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 or the owner(s).
BASIC TOWING SERVICE
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.
INSIDE BUILDINGS
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.
MOTOR VEHICLE ACCIDENT
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.
OUTSIDE SECURED
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 passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
OUTSIDE UNSECURED
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.
TOW VEHICLE
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 2-16-1999 by Ord. No. 1314]
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 two regular
tow vehicles, one flatbed vehicle and one heavy-duty tow vehicle.
(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 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
transporting of vehicles.
(3) 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. Leased vehicles must be leased
from entities whose primary business is the leasing of vehicles.
[Amended 12-17-2013 by Ord. No. 1611]
B. Minimum equipment requirements.
(1) Every tow vehicle or flatbed vehicle shall have two-way
radio 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 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)
Extra chains and cable for pulling or securing
a towed vehicle.
(e)
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, 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. No changes may be made in said vehicles or equipment
unless prior written approval is obtained from the Mayor and Council.
(4) 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.
C. Minimum personnel requirements.
(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 and able to provide minimum road
services 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 Chief of Police
and shall be approved by the Chief 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.
D. Minimum storage requirements.
(1) Every official tower shall maintain an inside building
or outside secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing
a minimum of 10 passenger vehicles and one tractor and trailer. In
addition the tower shall have an inside storage area capable of storing
one automobile and/or one tractor for police hold.
(b)
The location of the storage area shall be either within the
limits of the Borough or at such location outside of the Borough as
to facilitate reasonable towing distances. If located-out of the Borough,
it must provide transportation to the storage location from the police
station or accident scene. "Within a reasonable towing distance" shall
mean within a radius of one mile from the Borough Hall and in a municipality
contiguous to Palisades Park.
[Amended 12-17-2013 by Ord. No. 1611]
(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 must be located in an area legally zoned for
such use or have a variance to use such property for such use and
must have a certificate of occupancy or a continued certificate of
occupancy allowing such use. In addition, the applicant must provide
a zoning certificate stating that the business and/or storage location
is a permitted use at that location.
[Amended 12-17-2013 by Ord. No. 1611]
(e)
The storage facility shall be available for
towing and to the public 24 hours a day, 365 days per year.
(f)
The official tower shall have an employee on
duty during all hours in which the storage facility is open.
(g)
The official tower shall not charge a release
fee or other charge for releasing vehicles to their owners after normal
business hours or on weekends.
(h)
No vehicles may be stacked during storage unless
the stacking equipment is approved by Chief of Police.
(2) The applicant shall, with its application, submit
proof of ownership or lease of the storage area.
(3) 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.
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 which the borough may be subjected
to 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 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.
[Amended 11-25-2014 by Ord. No. 1628; 4-21-2015 by Ord. No. 1637]
A. Fees for towing and storage of private passenger automobiles and
municipal automobiles or vans, other than those damaged in an accident
or recovered after being stolen, may not exceed the fees set forth
below:
(1) The following is the fee schedule for towing services:
|
Type of Vehicle
|
Fee
|
---|
|
Car, light truck (less than 1 1/2 ton capacity)
|
$150
|
(2) The following is the fee schedule for storage services:
[Amended 8-23-2016 by Ord. No. 2016-16]
|
Storage
|
Inside Storage
|
Outside Storage
|
---|
|
No charge for first 24 hours
|
$45 per day
|
$35 per day
|
(3) The following is the fee schedule for other services:
|
Service
|
Fee
|
---|
|
No towing fee
|
$50*
|
|
Road service
|
$50
|
|
Heavy-duty towing
|
$475
|
|
Light-duty winching other than authorized towing service
|
$100
|
|
NOTES:
|
|
*
|
There is hereby established a service charge of $50 to be paid
by either the owner or driver of any vehicle who refuses to have his
vehicle towed by a tow truck called by the police, or by the owner
or the lessee of the property on which the vehicle is located.
|
B. This chapter is not intended to regulate or set fees for the towing
or storage of trucks, buses or motorcycles or the provision of emergency
road service. Such services, if requested, shall be billed at the
provider's normal and customary rate or as otherwise agreed upon
between the provider of the service and the motorist.
C. The fees set forth on the schedules for towing rates are the maximum
charges that shall apply to a private passenger automobile for basic
towing services. There shall be no additional charges other than those
provided herein but not limited to flatbedding, waiting time, winching,
cleanup cost and additional labor when only basic towing services
as defined are provided.
(1) Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
(2) Owners of vehicles shall be able to receive vehicles towed and/or
transported by authorized agents in accordance with this chapter at
any time during normal business hours at the authorized tower's
facility. During nonbusiness hours, such as nights, weekends, and
holidays, the authorized agent shall provide a reasonable response
time during those nonbusiness hours for the return of such towed vehicles.
Requests for the return of vehicles during those nonbusiness hours
shall be made at the Police Desk of the Borough of Palisades Park.
The Police Desk attendant shall notify the official towing agency
in possession of the vehicle and advise the owner as to the reasonable
time and place where the owner shall be able to receive the vehicle.
(3) All rates for vehicles towed shall be the same during days, nights,
weekends, and holidays.
D. The fees set forth on the schedules contained in §
287-11A and
B of this chapter for storage fees are the maximum storage charges per twenty-four-hour period that shall apply to a private passenger automobile that is stored by a person.