[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford 1-15-2002 by Ord. No. 2002-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 274, Towing, adopted
12-11-2001 by Ord. No. 2001-9, was repealed 3-19-2002 by Ord. No.
2002-2.
As used in this chapter, the following terms
shall have the meanings indicated:
The director shall be a designee of the Mayor and Council,
who shall be appointed each year at the Mayor and Council Reorganization
Meeting.
[Amended 12-17-2002 by Ord. No. 2002-21]
Any operation in which a vehicle is moved by loading the
vehicle onto a truck and transporting it without the use of its own
tires or wheels.
The Mayor and Council of the Borough of East Rutherford.
Any vehicle which can be used to tow or otherwise move another
vehicle and which is for hire or used in connection with another business,
and reference to any person operating or causing to be operated a
tower.
The combined operation of moving and then replacing a transmission
locking pin when such operation is necessary before a vehicle can
be moved.
Any operation in which a vehicle is moved onto a roadway
from a position off the roadway or any other operation in which this
substantial work is required to prepare a vehicle for normal towing.
A.
No person who wishes to tow for the Borough of East
Rutherford shall operate or cause to be operated a tower upon the
streets of the Borough of East Rutherford without first obtaining
a license issued by the Borough Clerk of the Borough of East Rutherford
as directed by the Director pursuant to this chapter. The license
is nontransferable or assignable; that is, the licensee is prohibited
from utilizing subcontractors, leasing vehicles from a third party
to comply with this chapter or to assign the license, and said license
shall expire the 31st day of December next after issuance, unless
sooner suspended or revoked by the Director.
B.
The annual fee for the tower's license shall be $2,000.
All checks shall be made payable to the Borough of East Rutherford
and forwarded to the Borough Clerk upon completion of the applicant
process. All fees are nonrefundable as they are used to defray costs
associated with the administration of this chapter. In addition to
the license fee, the tower will collect a $45 Borough administration
fee for every vehicle towed and paid for; said fees shall be paid
to the Borough quarterly.
[Amended 7-18-2023 by Ord. No. 2023-18]
A.
The Director is hereby appointed, authorized and empowered
to establish reasonable rules and regulations governing the inspection
and operation of towers, with the approval of the governing body.
B.
The Director shall have the power, consistent with
due process of law, to recommend suspension or revocation of a tower's
license for violation of safety standards or rules and regulations
of operation to the governing body.
C.
The Director shall maintain proper records of licenses
issued and inspections made and shall also require all licensees to
keep proper business records and to have them available for his inspection
and the inspection of the Police Department.
A.
No license shall be issued to an applicant until he
shall have deposited with the Director the following certificates
of insurance:
(1)
Worker's compensation insurance in accordance with
the requirements of the laws of the State of New Jersey.
(2)
Comprehensive general liability coverage with a limit
of liability of not less than $1,000,000, combined single limit to
$3,000,000, in the aggregate to include contractual liability coverage.
At the licensee's option, a garage liability policy in lieu of a comprehensive
general liability policy will be acceptable if there is evidence from
the carrier that they are aware of the license issued and will hold
the Borough of East Rutherford harmless.
(3)
A $2,000,000 umbrella liability policy.
(4)
Automobile liability insurance with limits of not
less than $1,000,000 combined single limit.
(5)
Garage liability coverage at a limit of not less than
$1,000,000 combined single limit and garagekeepers' liability coverage
on a direct primary basis in an amount of not less than $250,000,
with a maximum deductible of $500. The tower shall be responsible
to the owner of the vehicle for any deductible.
(6)
Certificates of insurance showing that the licensee
is the named insured and the Borough of East Rutherford is named an
additional insured. The certificates of insurance shall be delivered
with the executed application to the Director.
B.
The licensee shall defend and hold harmless the Borough
of East Rutherford from any and all obligations, liabilities, judgments,
claims and demands for personal injuries and damages to property which
may arise out of the performance of the towers pursuant to the license.
The licensee shall save harmless the Borough from all actions at law
from any infringements of patent rights of tools, equipment, apparatus,
or methods used by him.
C.
Every policy required herein must contain an endorsement
providing for 30 days' notice to the Borough of East Rutherford in
the event of any material change or cancellation. The Borough shall
be named as an additional insured on all policies and certificates
of insurance required pursuant to this chapter.
All applicants for a tower's license shall obtain
an application from the East Rutherford Police Department. The applicant
shall complete the application as required by the reasonable rules
and regulations established by the Director, which application shall
include the following minimum standards:
A.
Minimum insurance requirements as set forth in this
chapter.
B.
Minimum standards for operator performance, including
but not limited to:
(1)
Adequacy of equipment as set forth herein.
(2)
Adequate facilities available for the storage of vehicles
at the tower's primary place of business.
(3)
Response time at no more than 15 minutes from the
time of call to the scene (barring excusable circumstances).
(4)
Proper security of vehicles towed and stored.
(5)
Minimum equipment to be owned by the operator in order
for the operator to be considered for a tower's license.
[Amended 7-18-2023 by Ord. No. 2023-18]
(6)
An
applicant shall possess a minimum of five years’ towing experience
with a known good reputation in the field of wrecking and towing.
[Added 7-18-2023 by Ord. No. 2023-18]
C.
In the event of a multiple situation, the second or
subsequent truck shall also be held to the same standard of response
time.
D.
In order to insure a fifteen-minute response time,
the tower's main office must be located within Bergen County and either
in East Rutherford or a municipality contiguous thereto.
E.
The wrecker and/or tow trucks qualifying hereunder
shall have a passenger seat to transport the driver of the vehicle
to be towed, if necessary, at no additional cost to the vehicle owner.
F.
The licensee shall be available to provide services
24 hours per day, seven days per week, and shall maintain business
hours as required by the Director.
The Director shall advise the Borough Clerk
to issue a tower's license to those operators who qualify for the
same in accordance with this chapter and the established reasonable
rules and regulations. Upon approval and issuance of the tower's license,
the name of said operator shall be placed on a list of qualified operators
who will be utilized on a rotation basis for the removing and storing
of motor vehicles for the Borough of East Rutherford at the rates
and charges set forth herein. The Director shall provide the governing
body with a list of towers to whom a license has been issued and a
list of towers to which a license has been denied, setting forth the
reasons therefor within 10 days from the date that said licenses have
been approved or denied.
[Amended 12-17-2002 by Ord. No. 2002-21; 4-17-2012 by Ord. No. 2012-06; 9-19-2017 by Ord. No. 2017-10; 6-16-2020 by Ord. No. 2020-05; 7-18-2023 by Ord. No. 2023-18]
All towing rates for towers in the Borough of East Rutherford
shall not exceed the last published maximum rates as established by
the New Jersey State Police. At the time of adoption of this section,
the last published rates are published at https://nj.gov/njsp/information/towing-rates-application.shtml.
Additionally, the permitted rates at the time of adoption of this
section are on file with the Borough Clerk as Schedule "A." Rates
may change as the New Jersey State Police establishes new rates in
the future. As the New Jersey State Police establishes new rates in
the future, those new rates shall constitute the maximum rates allowed
hereunder.
E.
Specialized recovery equipment:
(1)
Rotator/crane recovery unit: $1,200 per hour.
(2)
Tractor with landoll trailer or detach trailer: $500 per hour.
(3)
Tractor/transport hauler only: $350 per hour.
(4)
Refrigerated trailer w/tractor: $550 per hour.
(5)
Box trailer w/tractor: $500 per hour.
(6)
Air cushion unit: $1,000 per hour.
(7)
Light tower: $250 per hour.
(8)
Pallet jack: $200 flat rate.
(9)
Any other specialized equipment: $300 per hour.
(10)
Loader/backhoe/telescopic handler/bulldozer/bobcat: $400 per
hour each.
(11)
Forklift: $400 per hour.
(12)
Dump truck/dump trailer w/tractor: $400 per hour.
(13)
Roll-off with container: $400 per hour plus disposal.
(14)
Recovery supervisor vehicle: $150 per hour.
(15)
Scene safety equipment, communication equipment, traffic management
equipment etc.: $250 per hour each type used.
(16)
Recovery support vehicle/trailer additional recovery equipment:
$350 per hour.
F.
Labor (all labor min. of one hour):
(1)
Accident minor cleanup and disposal of debris: $75 per hour, one
hour minimum plus absorbent materials used.
(2)
Tire skates: $40.
(3)
Recovery supervisor and/or Level III recovery specialist: $250 per
hour,* Charges limited to one per incident.
(4)
Certified towing operator: $150 per hour per man.
(5)
Manual laborers: $125 per hour per man.
G.
Storage-per calendar day (inside rates two times outside rate):
(1)
Cars/light trucks, 10 feet by 20 feet space: $50 per day.
(2)
Trucks (dual wheels)/single axle: $125 per day.
(3)
Tractor/dump truck/tractor and trailer combo/trailer: $125 per unit
per day.
(4)
Buses: $150 per day.
(5)
Roll-off: $125 per day.
(6)
Cargo/accident debris/load storage/vehicle components (10 feet by
20 feet space): $50 per space used.
(7)
Rental of any tow company supplied trailer post incident: $500 per
day.
H.
Additional service/notes:
(1)
Fuel/hazmat/cargo spills cleanup and disposal: time and material
(2)
Hazmat and trash recovery: surcharged 10%.
(3)
Subcontractor mark-up: 20%.
(4)
Administrative charge only after third visit to vehicle: cars only
$50.
(5)
Administrative charge: medium/heavy truck, $200.
(6)
After hours release: $85.
(7)
Notification documentation fee: $75.
(8)
Tarping/wrapping vehicle: $90/$250 per truck.
(9)
Borough administration fee: $45.
(10)
Fuel surcharge: See chart below.
I.
Fuel surcharge chart - tow and mileage cost only.
(1)
Fuel cost:
(a)
$2.50: 0%.
(b)
$3: 1%.
(c)
$3.50: 2%.
(d)
$4: 3%.
(e)
$4.50: 4%.
(f)
$5: 5%.
(g)
$5.50: 6%.
(h)
$6: 7%.
(i)
$6.50: 8%.
(j)
$7: 9%.
(k)
$7.50: 10%.
(l)
$8: 11%.
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* To the extent that a rate for a particular service is not
enumerated by the maximum rate established above, the rates charged
for said service shall be reasonable, usual, and customary.
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This chapter shall apply to any and all licensed
towers that operate within the Borough of East Rutherford.
This chapter shall be enforced by the Director
and the Police Department of the Borough of East Rutherford. Any person
violating this chapter shall be issued a summons and shall be subject
to the following fines:
