As used in this chapter, the following terms shall have the
meanings indicated:
AUTOMOBILE
A motor vehicle of a private passenger 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
parcel truck or a camper-type vehicle used for recreational purposes
owned by an individual or husband and wife who are residents of the
same household, not customarily used in the occupation, profession
or business of 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. Basic towing only includes providing
access to the vehicle during normal business hours. Any additional
services, including tow outs, will be negotiated with the party requesting
same.
CALENDAR YEAR
The period of time between January 1 and December 31 of any
given year.
CLASS I VEHICLE
Detachable trailer capable of hauling vehicles, machinery
and/or equipment, commonly referred to as "lowboy."
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.
OFFICIAL TOWER
A person or company licensed by the Township of Rochelle
Park to tow and/or store vehicles.
OUTSIDE SECURED
The 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 locked gate. The facility is
to be lighted at night.
SPECIAL RECOVERY SERVICES
Constitutes any action that is not normally associated with
roadside towing, e.g., winching, righting overturned vehicles, or
other services required when a vehicle will not roll on its own wheels.
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.
No license shall be required for the on-site repair and/or towing
or storage of any vehicle when the request is received by the towing
operator from the owner prior to a police request or if the owner
or operator of a vehicle requests the police contact a tow company
of their choice.
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
with wheel lifts, three flatbed vehicles, one medium-duty towing vehicle
of at least 15,000 pounds gross vehicle weight and one heavy-duty
towing vehicle of at least 31,000 pounds gross vehicle weight. In
lieu of a medium-duty towing vehicle, the tower may substitute an
additional heavy-duty towing vehicle in its place. Registration documents
shall be shown to the Township certifying registration is the same
or better than the gross vehicle weight (GVW) of the vehicle, as plated
on the vehicle.
(2) Vehicle classes.
(a)
Heavy-duty tow vehicles of 31,000 pounds gross vehicle weight
or more must be equipped with a boom or winch assembly mounted on
the chassis, a tow sling or tow bar and a wheel lift assembly or underreach.
The winch assembly must have 100 feet of at least five-eighths-inch
steel 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 the transporting
of vehicles.
B. 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.
C. Minimum equipment and reporting requirements.
(1) Every tow vehicle or flatbed vehicle shall have two-way radio or
cellular phone 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 on the vehicle, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours. An amber light permit, as required by the state, must be filed
in the office of the Chief of Police and Township Clerk.
(b)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber or red colored.
(c)
Extra chains and cable for pulling or securing a towed vehicle.
(d)
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, at least 10 pounds of dry sand or a drying compound for gasoline
and oil spilled on the roadway and containers for removal thereof
and a sufficient quantity and sufficient 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/her designee at
any time. Where applicable, all permits required by other agencies
than the Township shall be provided to the Township upon request of
the Township.
(4) Every tow vehicle or flatbed vehicle shall display the official tower's
decal and shall have the name of the official tower, by a permanently
affixed or painted sign, prominently displayed on the vehicle in such
manner so as to conform to the provisions of N.J.S.A. 39:4-46. Such
demarcations shall be placed on the outside door panels of the vehicle.
The sign shall be at least three inches in height and diameter and
be visible to the naked eye, and the names must be the same on both
panels.
(5) Within five calendar days of the expiration of each rotation period,
the official tower shall submit to the Township Clerk a copy of all
of the invoices for services rendered to any owner or operator of
a damaged or disabled vehicle on a form of invoice provided by the
Township. In the absence of a Township form, the official tower will
submit the bills which state the name and address of the person towed,
the make and model of the vehicle towed, the plate number and the
in date of the tow and the out date of the tow. Only fees applicable
in this chapter shall appear on said invoice, and there shall be only
one invoice per vehicle towed.
D. Minimum personnel requirements. Official towers shall have available,
at all times, a minimum of two drivers to provide the services required
by this chapter. All drivers employed by official towers to provide
the services required by this chapter shall meet the following requirements
and be subject to the following regulations:
(1) They shall be competent and able to provide minimum road services
for disabled vehicles.
(2) All drivers required to have a commercial driver's license (CDL)
by the State of New Jersey and/or federal regulations are required
to furnish such license for the purpose of this chapter.
(3) They shall obey all traffic laws and regulations.
(4) They shall not have been convicted of a crime within the past year.
(5) All drivers who do not possess a CDL must submit to random drug testing
two times each year.
E. Minimum storage requirements.
(1) Every official tower shall maintain an inside building and/or outside
secured storage area meeting the following requirements:
(a)
All official towers must have sufficient storage area on their
own premises to store towed vehicles at the licensed site. This area
must be over and above the requirement that is in effect for requirement
of parking for that site. No vertical stacking of vehicles is permitted.
The storage area must be contiguous to the applicant's principal place
of business. Each tow vehicle must be stored at the office tower's
licensed site. Official towers located within the Township cannot
store vehicles on the thoroughfares of the Township, whether under
the auspices of the Township, County of Bergen, or State of New Jersey,
without Township approval. Storage of vehicles on the thoroughfares
of other municipalities wherein Township towers are located is subject
to the requirements of those municipalities.
(b)
The location of the storage area shall be located within the
limits of the Township or within two miles of the Township limits.
(c)
The storage area shall be fenced with the acceptable screened
material, six feet in height. The fenced area shall be no less than
5,000 square feet in area. The storage area shall have a suitable
gate and be installed with a locking device or a similar on-site security
measure. The facility is to be lighted at night.
(d)
The storage area shall be in an area legally zoned for or legally
nonconforming for such use; the certificate of occupancy is to be
furnished with the application.
(e)
The storage facility shall be available from at least 8:00 a.m.
until 6:00 p.m. Monday through Friday, and from at least 8:00 a.m.
until 1:00 p.m. on Saturday. The applicant shall prominently display
the hours during which the facility will be open on weekends. The
storage area must have a building wherein a permanently installed
telephone is located. The building shall be within sight distance
and/or within 500 feet of the entrance of the storage area. On the
application for a towing license, the applicant shall list all business
hours required pursuant to this subsection for the calendar year of
the license in question, which shall not be changed during the calendar
year.
(f)
The official tower shall not charge any additional fee or other
charge for releasing vehicles to their owners after normal business
hours or on weekends or for moving a vehicle from one location to
another in the storage area.
(g)
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
(h)
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.
(2) To ensure the timely release of a vehicle, the tower shall release
a vehicle to the owner/occupier of the vehicle no later than one hour
from the vehicle's arrival at the tower's facility or within one hour
of being contacted by the owner/occupier of the vehicle that he/she
wishes to take possession of said vehicle during regular business
hours.
F. Credit cards. All official towers must have the ability to receive
credit card payment and will accept same for payment of all towing
and storage services included, specifically or by reference, in this
chapter.
The applicant shall agree, in writing, to assume the defense
of, and indemnify and hold harmless, the Township, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims to which the Township may be subjected
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 this Township
pursuant to this chapter. Official towers shall enter into a hold
harmless agreement in a form to be prepared by the Attorney for the
Township prior to being included in the official towers list.
[Amended 1-25-2023 by Ord. No. 2023-001]
A. All fees
and charges shall conform with the maximum published rates utilized
by the New Jersey State Police for towing, storage, and other charges,
which shall be updated from time to time. The current maximum New
Jersey State Police rates are published by Garden State Towing Association,
Inc., and are available for review on their website www.GSTA.org.
A copy of said schedule of fees is also available for review in the
Police Department.
B. Towers engaged in towing for the Township of Rochelle Park shall not charge a fee in excess of the enumerated fees/rates referenced in Subsection
A above.
C. The enumerated fees/rates referenced in Subsection
A above do not apply to vehicles owned and/or operated by the Township of Rochelle Park or any of its agencies. Towing or special recovery services provided to any Township vehicle shall be provide free of charge by the official tower.