The purpose of this chapter is to establish,
pursuant to N.J.S.A. 40:48-2.49, an orderly system to provide for
towing services for removal of damaged motor vehicles in accidents
and other abandoned, illegally parked, disabled or impounded vehicles
within the Borough of Brooklawn using a towing list of licensed towing
operators who will be called upon a rotating basis by the Police Department.
The Chief of Police shall establish and maintain
a list of qualified towing operators who shall be issued licenses
to provide, on a rotating basis, towing services at the request of
the Brooklawn Police Department. Towing operators on the list will
be scheduled and treated equally and fairly.
[Amended 3-20-2017 by Ord. No. 7-17]
A. To be placed on the towing list, towing operators shall be qualified
and required to apply for and hold a license to perform towing services
at the request or call of the Police Department. The license shall
be issued to all qualified towing operators approved by the Chief
of Police to be placed on the towing list. Said license shall be valid
for a period of three years from the date of its issuance.
B. Prior to issuance of any license or renewal, the Chief of Police
shall cause an inspection to be made of the required storage facility
and towing equipment to verify compliance with this chapter and all
other applicable federal, state and local laws, ordinances, rules
and regulations.
C. During the period of licensure, the Chief of Police, in his discretion,
may cause an inspection to be made of the required storage facility
and towing equipment to ensure compliance with this chapter and all
other applicable federal, state and local laws, ordinances, rules
and regulations.
The application and license fee under this chapter
shall be $100. The annual renewal fee shall be in the amount of $50.
[Amended 12-20-2004 by Ord. No. 21-04; 2-28-2011 by Ord. No.
1-11]
All applicants for license to be placed on the
towing list shall have the minimum equipment and storage facilities
herein described:
A. Required towing equipment (must be located within
four miles of the geographic boundary of the Borough of Brooklawn
on property where such use is in compliance with the local zoning
regulations during all on-call periods).
(1) One standard tow truck (owned or leased) with:
(a)
Three-eighths-inch safety chain.
(b)
Detached lift chain and safety chain.
(c)
Rotating amber overhead lights.
(2) One flatbed tow truck (owned or leased) with:
(a)
Three-eighths-inch safety chain.
(b)
Rotating amber overhead lights.
(3) Proof of ownership or lease by applicant of the required
towing equipment must be submitted with the application. The same
vehicle may not be used by more than one approved towing operator.
Applicant is not permitted to subcontract for towing services.
B. Required storage facilities (must be located within
four miles of the geographic boundary of the Borough of Brooklawn
on a property where such use is in compliance with the local zoning
regulations).
(1) The size of the storage lot will be at least 1/2 acre
(21,780 square feet) and have adequate capacity to store all towed
vehicles as determined by the Chief of Police. Each 1/2 acre of storage
facility shall be used by not more than two towers on the approved
towing list of the Borough.
(2) The impoundment area must be visually screened from
the highway. Each towing operator must maintain a separately fenced
and locked impound area.
(3) The impound area must be secured and must be enclosed
by a sturdy six-foot fence with locks on gates. The towing operator
is responsible for safe storage.
(4) The impound area will be lighted from dusk to dawn
in compliance with the applicable municipal regulations.
(5) Impound areas shall be available for 24 hours a day,
365 days per year and open to the public on weekdays during normal
business hours and limited hours on Saturdays and Sundays.
(6) The storage area shall have someone on duty at all
times.
(7) Proof of ownership or lease of storage area by applicant
must be submitted with the application.
The Chief of Police from time to time shall
make and promulgate reasonable rules and regulations for the proper
administration and enforcement of this chapter and its purposes. Such
rules, however, shall not be inconsistent with the terms of this chapter.
[Amended 12-20-2004 by Ord. No. 21-04; 3-20-2006 by Ord. No.
6-06; 8-18-2008 by Ord. No. 8-08; 2-28-2011 by Ord. No. 1-11; 6-17-2019 by Ord. No. 7-2019]
The following fees or charges are hereby established for the
towing and road services by towing operators on the rotating Borough
list maintained by the Borough of Brooklawn Police Department under
the direction and supervision of the Chief of Police and for storage
in conjunction therewith:
A. For towing and storage services rendered to a private passenger automobile
as a result of an accident or theft recovery, the fees for towing
and storage services shall not exceed the maximum fees set forth by
law under N.J.A.C. 11:3-38.1 et seq., or as amended from time to time.
All towing operators on the list shall maintain a copy of such fees
as may be provided by the Chief of Police.
B. For all other towing, road and storage services involving vehicles illegally parked, disabled or abandoned or otherwise requiring services (except those set forth under Subsection
A above), the fees shall not exceed the following:
(1) Automobiles.
(a)
Regular and flatbed: $150.
(b)
Removal from beyond right-of-way or berm or impaled upon any
object: $125 plus $3 per foot of cable used, plus $75 if needed to
upright.
(2) Trucks.
(a)
Dual wheels up to 10,000 pounds: $250.
(3) Towing and removal for any reason of a motorcycle, moped, all-terrain
vehicles and like vehicles: $100.
(4) Road service: $125, plus supplies.
(5) Storage.
(a)
Outside storage: maximum of $45 per day.
(b)
Inside storage: maximum of $70 per day.
(c)
Yard removal: maximum of $45.
(d)
Administrative charge: maximum of $25.
C. In all cases, the towing operator shall remove the debris, and a
fee of $75 per hour shall be charged for the clearing of debris by
said towing operator plus absorbent materials used.
D. For all towing services rendered by a contractor under this chapter,
the contractor shall remit to the Borough an administrative fee in
the amount of $25.
Every licensed towing operator called by the
Police Department shall keep a record of the name and address of the
owner of the towed vehicle and shall file reports as required by the
Chief of Police which shall include but not be limited to itemized
towing and storage charges per vehicle.
[Amended 12-20-2004 by Ord. No. 21-04]
Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Borough of Brooklawn, or such other court having jurisdiction, be liable for fines and penalties as set forth in §
1-15 of the Code of the Borough of Brooklawn. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.
Any towing operator on the towing list who fails
to properly respond to calls in the established response time, fails
to provide adequate service or otherwise violates the terms and provisions
of this chapter, falsifies any information with regard to his application
or violates the Department of Insurance rules shall be subject to
license termination by the Chief of Police.
[Added 2-28-2011 by Ord. No. 1-11]
Notwithstanding anything in this chapter to the contrary, this
chapter shall be rendered inoperative during the term of a contract
awarded for towing services by the Borough Council of the Borough
of Brooklawn, pursuant to the process as set forth in the Local Public
Contracts Law, N.J.S.A 40A:11-1 et seq.