STATE LAW REFERENCES
Taxicabs, autocabs and jitneys — See N.J.S.A.
48:16-1 et seq.
[Ord. No. 954, § 25]
(a)
The provisions of this article shall apply to all public hacks, taxicabs,
automobiles or other motor vehicles used for the transportation of
passengers for hire.
(b)
The provisions of this article shall not apply to any omnibus running
by authority of any ordinance, law or permit upon a fixed route through
the Township.
[Ord. No. 954, § 19; amended by Ord.
No. 3023, 1-7-1986, § 1]
The Township Manager is hereby authorized, empowered and directed
to make and adopt regulations respecting the use of vehicles operating
on the streets of the Township under this article and the number of
vehicles which may stand in any one place at the same time.
[1]
Editor's Note: Former § 35-3, Rates of fare--Not
to exceed amount specified in license application, of the 1965 Code,
derived from Ord. No. 954, § 14, was repealed by Ord. No.
3023, 1-7-1986 § 2.
[Ord. No. 954, § 15; amended by Ord.
No. 3023, 1-7-1986, § 3]
Every vehicle operating on the streets of Teaneck under this
article shall have fastened in a conspicuous place therein a printed
card showing the rates of fare. Any fares charged in excess thereof
shall constitute a violation of this article by the owner or operator
or both.
[Ord. No. 954, § 18; amended by Ord.
No. 3023, 1-7-1986, § 4]
Any dispute as to the fare for any vehicle regulated by this
article shall be determined by the officer in charge of the police
station at the time the dispute arises, subject to appeal to the Township
Manager.
[Ord. No. 954, § 18]
Every driver of a taxicab shall, when requested, give a passenger
a receipt for the fare paid.
[Ord. No. 954, § 17]
All vehicles regulated by this article shall be automobile sedans
with a minimum of three doors. At least two of such doors shall be
for the exclusive use of the passengers. Such automobiles shall at
all times be clean and in good repair.
[1]
Editor's Note: Former § 35-8, Persons permitted
in driver's compartment, of the 1965 Code, derived from Ord. No. 954,
§ 18, was repealed by Ord. No. 3023, 1-7-1986, § 5.
[Ord. No. 954, § 17; amended by Ord.
No. 3023, 1-7-1986, § 6]
Each taxicab operating in the Township shall have installed
therein a standard-make taximeter, or the equivalent thereof, by which
the fare or charge for hire of such taxicab is mechanically and accurately
calculated and registered, and on which such charge is plainly indicated
and plainly seen by the passengers. After sundown, the face of every
taximeter shall be illuminated by suitable light so that it will be
clearly discernible and can be read by a passenger in the rear seat.
[Ord. No. 954, § 20; amended by Ord.
No. 3023, 1-7-1986, § 7]
No driver or other person interested in or connected with any
taxicab operating on the streets of Teaneck under this article shall
solicit customers in a noisy or offensive manner, nor at any place
other than public hack stands.
[Ord. No. 954, § 20; amended by Ord.
No. 3023, 1-7-1986, § 8]
No driver of any vehicle operating on the streets of Teaneck
under this article which is not occupied shall refuse to carry any
orderly person.
[Ord. No. 954, § 20; amended by Ord.
No. 3023, 1-7-1986, § 9]
No driver of any vehicle operating on the streets of Teaneck
under this article shall permit such vehicle, when disengaged, to
stand in any public street or place, other than at a public hack stand,
provided that nothing in this section shall prevent such driver from
waiting for a passenger in front of any building or place from which
the passenger requested the taxi.
[Ord. No. 954,§ 21; amended by Ord.
No. 3023, 1-7-1986, § 10]
(a)
Public hack stands are hereby established at such places as may be
from time to time designated by the Township Manager. The Township
Manager may designate the character of vehicles which may stand at
any such public hack stand and may exclude all other vehicles from
such stand. The location and capacity of any such public hack stand
shall be indicated by a sign substantially as follows:
|
"Public Hack Stand. Capacity.........................."
|
(b)
Only vehicles which have received the municipal consent and are prepared
to accept passengers on request shall stand at any such public hack
stand.
[Ord. No. 3023, 1-7-1986, § 11]
(a)
No taxicab shall be operated along any street until the owner thereof
shall obtain the consent of the Township Council, as required by N.J.R.S.
48:16-2. No such consent shall become effective until the taxicab
owner shall have filed with the Township Clerk evidence of insurance,
as required by N.J.R.S. 48:16-3.
(b)
Such municipal governing body consent shall be effective until December
31 of each year and can be renewed by the Township Council for additional
one-year periods upon prior application of the taxicab owner.
(c)
Any taxicab operating on the streets of Teaneck for the purpose of
providing taxi service within the municipal boundaries shall be in
violation of this section and N.J.R.S. 48:16-2 and N.J.R.S. 48:16-3
if the owner has not obtained the municipal consent or does not have
the required insurance in effect.
[1]
Editor's Note: Former § 35-14, Maximum number of
taxicabs; authority of Manager to issue temporary licenses, of the
1965 Code, derived from Ord. No. 954, § 23, as amended by
Ord. No. 1024, § 1, was repealed by Ord. No. 3023, 1-7-1986,
§ 11.
[Ord. No. 3023, 1-7-1986, § 12]
(a)
The Township Manager is hereby authorized and empowered to suspend
any municipal consent issued under this article for the violation
of any of the provisions of this article or for the violation of any
of the rules and regulations made, adopted and promulgated by the
Township Manager in accordance with the provisions of this article
for a period not to exceed 30 days.
(b)
A second suspension of municipal consent for the same reason or,
in any case, a third suspension shall be cause for the Township Council
to consider revocation of the municipal consent.
[1]
Editor's Note: Ord. No. 19-2013 also superseded former Art.
II, Towing and Storage Services, adopted by Ord. No 3340, 1-24-1992,
as amended.
The purpose of this article is to provide standards, regulations
and rates for nonconsensual towing in accordance with N.J.S.A. 40:48-2.49
et seq. and N.J.A.C. 13:45A-31.1 et seq., under the supervision of
the Township Manager and the Police Department of the Township.
The following words and terms, when used in this article, shall
have the following meanings unless the context clearly indicates otherwise:
Private property towing and other nonconsensual towing as
defined in this section and other ancillary services that include
the following: arriving at the site from which a motor vehicle will
be towed; 15 minutes waiting time; hooking a motor vehicle to, or
loading a motor vehicle onto, a tow truck; transporting a motor vehicle
to a storage facility; unhooking or unloading a motor vehicle from
the tow truck; and situating the motor vehicle in the space in which
it will be stored. "Basic tow" also includes issuing documents for
the release of a motor vehicle to its owner or other person authorized
to take the motor vehicle; issuing an itemized bill; three trips to
the motor vehicle in storage, which, if applicable, include making
a vehicle available to an insurance appraiser or adjuster; issuing
documents for the release of a motor vehicle to its owner or other
person authorized to take the motor vehicle; and retrieving a motor
vehicle from storage during the hours in which the storage facility
is open.
Towing a motor vehicle when the owner or operator of the
motor vehicle has consented to have the towing company tow the motor
vehicle.
A natural person.
Releasing a motor vehicle to its owner or operator when the
motor vehicle has been, or is about to be, hooked to or lifted by
a tow truck, but prior to the motor vehicle actually having been moved
or removed from the property.
A tow truck designed to transport a motor vehicle by means
of raising the motor vehicle from road level up onto a hydraulic bed
for transporting purposes.
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.
A towing operator, licensed hereunder.
Includes all vehicles propelled other than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles, motorized scooters, motorized wheelchairs and motorized
skateboards.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle. "Nonconsensual towing" includes
towing a motor vehicle when law enforcement orders the vehicle to
be towed whether or not the owner or operator consents.
An automobile storage facility that is not indoor and is
secured by a fence, wall or other man-made barrier that is 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.
An automobile storage facility that is not indoor and is
not secured by a fence, wall or other man-made barrier, and storage
facilities not defined above as inside a building or outside secured.
An individual, sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
The Township Police Department, state police, county police
or such other police department that may have jurisdiction upon the
roadways in the Township.
Nonconsensual towing from private property or from a storage
facility by a motor vehicle of a consumer's motor vehicle that is
parked illegally, parked during a time at which such parking is not
permitted or otherwise parked without authorization or the immobilization
of or preparation for moving or removing of such motor vehicle, for
which a service charge is made, either directly or indirectly. This
term shall not include the towing of a motor vehicle that has been
abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
A person offering or performing private property towing services.
Extraordinary charges necessitated by the use of special
equipment other than the first tow truck to recover a motor vehicle
that cannot be recovered by winching or pieces of a motor vehicle
that cannot be moved by hand.
A storage facility that is either completely indoors or is
surrounded by a fence, wall or other man-made barrier that is at least
six feet high and is lighted from dusk to dawn.
The use of absorbents to soak up any liquids from a motor
vehicle at the site from which a motor vehicle will be towed.
A space at which motor vehicles that have been towed are
stored.
Covering a motor vehicle to prevent weather damage.
A motor vehicle equipped with a boom or booms, winches, slings,
tilt beds or similar equipment designed for the towing or recovery
of motor vehicles.
The moving or removing from public or private property or
from a storage facility by a motor vehicle of a consumer's noncommercial
motor vehicle that is damaged as a result of an accident or otherwise
disabled, recovered after being stolen or is parked illegally or otherwise
without authorization, parked during a time at which such parking
is not permitted or otherwise parked without authorization or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
Dues or other charges of clubs or associations which provide towing
services to club or association members shall not be considered a
service charge for purposes of this definition.
A person offering or performing towing services.
The towing operator's principal place of business where the
tow trucks are stationed when not in use.
Manipulating a motor vehicle's transmission, so that the
motor vehicle may be towed.
Any device in, upon or by which a person or property is or
may be transported upon a highway.
Any time a towing company spends at the site from which a
motor vehicle will be towed, during which the towing company is prevented
from performing any work by another individual, beyond the time included
as part of a basic tow.
The process of moving a motor vehicle by the use of chains,
nylon slings or additional lengths of winch cable from a position
that is not accessible for direct hookup for towing a motor vehicle.
"Winching" includes recovering a motor vehicle that is not on the
road and righting a motor vehicle that is on its side or upside down,
but does not include pulling a motor vehicle onto a flatbed tow truck.
Any material used to cover motor vehicle windows that have
been damaged.
(a)
All towing operators who meet the standards set forth in this article
shall be issued a license.
(b)
Each such licensed towing operator shall be put on a rotational list
compiled by the Chief of Police of the Township and shall be called
to respond to the needs of the police on a rotating basis.
(a)
Except for consensual towing under § 35-26 hereof, no towing operator performing nonconsensual towing or private property towing shall operate within the Township without obtaining a license in accordance with the provisions of this article.
(b)
Every applicant for a license shall complete, sign and verify a written
application in the manner and on forms furnished by the Township Clerk.
The application shall include:
(1)
Name, business address, residential address and telephone numbers
(residence and business) of the towing operator and principal owners
thereof.
(2)
Locations of secured storage areas for towed vehicles.
(3)
The application shall be accompanied by the following supporting
documentation:
a.
Zoning certification (issued by Township Zoning Officer) and
Fire Subcode certification (issued by Fire Subcode Official);
b.
Deed of ownership or lease agreement for storage locations;
c.
Access to second heavy-duty wrecker;
d.
Roster of employees (by name and address);
e.
Roster of tow trucks and other vehicles (by registration number
and serial number);
f.
Certificates of liability and personal injury insurance, workers'
compensation insurance, garage keeper's liability insurance and general
liability insurance;
g.
Affirmative action certification;
h.
Stockholders' certification (if applicable).
(c)
Licenses shall expire on February 1 of each year, subject to annual
renewal. Applications shall be filed with the Township Police Department
on or after January 1 and no later than January 31 of each year, together
with the appropriate license and application fee, as established by
the general fee ordinance of the Township.
(d)
No more than one license shall be granted any applicant. No licensee
shall have any interest, direct or indirect, in any other license.
(e)
Any license, once issued, is not transferable.
(f)
The Chief of Police of the Township is charged with the responsibility
of investigating new and renewal licensees on an annual basis. Upon
completion of an investigation, the Chief of Police shall report his
recommendation to the Township Clerk. A recommendation of approval
shall be predicated upon the Police Chief's determination that:
(1)
The applicant is financially capable of sustaining the business
of a towing operator in the Township.
(2)
The applicant is of good moral character and meets the general
standards of this article, as hereinafter set forth. The applicant
shall authorize a personal background check, commercial, credit and
personal references and such other investigative checks as the Chief
of Police may require.
(3)
If a previous licensee, the applicant has met the performance
standards of this article, as hereinafter set forth.
(4)
The applicant demonstrates the adequacy of equipment and facilities,
availability and adequate response time and the security of the vehicles
towed or stored, all as specified in the standards of this article,
hereinafter set forth.
(5)
Licensees shall have their facilities for storage within the
Township.
(6)
Licensees shall maintain a towing service with adequate facilities,
which will be available 24 hours a day on an immediate standby basis.
(g)
The Township Clerk shall issue a license to any applicant recommended
for approval by the Chief of Police after an affirmative vote by the
Township Council.
(h)
On or about February 1 of each year, the Township Clerk shall furnish
the list of licensees for that year to the Township Council and the
Chief of Police and to all applicants, whether or not approved.
(i)
Any applicant not so approved may appeal to the Township Council.
Any such appeal shall be filed within 10 days after receipt of the
list of licensees from the Township Clerk. The Township Council shall
undertake a review of the reasons for rejection by either the Chief
of Police or the Township Council and shall make an independent determination
based upon the standards and criteria of this article and the investigative
file developed by the police.
(a)
The Township Council may revoke any license issued under this article
for good cause, upon the recommendation of the Chief of Police or
the Township Manager. As used herein, "good cause" shall mean that
the licensee has, after notice and the opportunity to cure or otherwise
explain the deficiency as hereinafter set forth:
(1)
Failed to meet the performance standards and/or failed to meet
licensing standards relating to equipment, insurance and/or the general
standards of this article;
(2)
Supplied fraudulent or inaccurate information on the application;
(3)
Violated municipal or state regulations which relate specifically
to performance hereunder; or
(4)
Failed to respond to a call from the Teaneck Police Department
with a tow truck at the scene within 15 minutes of receiving the call
on two or more calls.
(b)
Written notice of the pendency of a revocation action, together with
the basis thereof, shall be given to the licensee. Within 10 days
of receipt of said notice, the licensee may request a meeting with
the Township Council or the Township Manager, who shall thereupon
schedule same. Upon good cause shown, the Township Council or the
Township Manager may grant to the licensee 30 days to cure any deficiency.
If the Township Council, after meeting with the licensee, determines
that the license should be suspended, the licensee shall be given
notice of the final action.
(c)
Revocation by the Township Council may be appealed to the Township
Council by written notice to the Township Clerk within 10 days of
receipt by the licensee of notice of final action of revocation. The
Council shall schedule and conduct a hearing thereon, at which time
the licensee shall be given the opportunity to present and cross-examine
witnesses and may be represented by counsel. The Council shall decide
the appeal no later than 30 days after receipt of notice of appeal
by the Township Clerk and shall render its decision by a written resolution,
stating its findings and conclusions.
(d)
If a license has been revoked, the towing operator shall be disqualified
from reapplying for two successive licensing periods.
(e)
The Township Council, Township Manager or the Chief of Police may
temporarily suspend a license for just cause, including conviction
of crime or disorderly persons offense involving moral turpitude.
Licensees shall:
(a)
Be capable of providing towing on a twenty-four-hour, seven-days-a-week
basis, including holidays.
(b)
Respond to a call from the Teaneck Police Department with a tow truck
at the scene within 15 minutes of receiving the call.
(c)
Have a minimum of two tow trucks, one of which is to be a flatbed-type
vehicle.
(d)
Maintain its towing operator's base of service within the geographical limits set forth in § 35-19.
(e)
Maintain insurance covering personal injury, workers' compensation,
garage keeper's liability and general liability, in accordance with
the standards hereinafter set forth.
(f)
Not have been convicted of a crime of the fourth degree or higher
within the past five years, unless waived for good cause.
(g)
Require their tow truck operators to register with the Chief of Police.
Registration shall be a precondition to the operator driving a tow
truck for the licensee in the Township. The initial registration shall
expire when the license expires, and each renewal of the license shall
require reregistration of the operator with the Police Chief. Termination
of the operator's employment by the licensee shall also be reported
by the licensee to the Chief of Police as soon after termination as
reasonably possible.
(h)
Train their tow truck operators in the use of all required equipment
and the performance standards of this article.
(i)
Require their tow truck operators to have a personal driver's license
with no restrictions or conditional endorsements, except if prescription
glasses are required, and to have a commercial driver's license, if
required by law, and to be of good moral character and mentally alert
and present a neat appearance at all times.
(j)
Maintain an inside building storage area within the geographical limits set forth in § 35-19 sufficient to house no fewer than two vehicles and to make same available for storing vehicles impounded by the police.
(k)
Maintain a secured storage facility within the geographical limits set forth in § 35-19 large enough to accommodate 15 vehicles.
(l)
Maintain all such storage facilities in compliance with local, state
and federal laws and regulations and store vehicles in compliance
with all applicable laws.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(m)
A towing company that engages in private property towing or other
nonconsensual towing shall tow motor vehicles only to secure storage
facilities that have business offices open to the public between 8:00
a.m. and 6:00 p.m. at least five days a week.
(n)
A towing company that engages in private property towing or other
nonconsensual towing shall provide or arrange for after-hours release
of stored motor vehicles.
(o)
A towing company that does not release a stored motor vehicle to
its owner, or other person authorized to take the motor vehicle, during
normal business hours when requested, shall not charge a fee for after-hours
release of the stored motor vehicle.
(p)
A private property towing company shall not remove a motor vehicle
from private property without the consent of the owner or operator
of the motor vehicle, unless:
(1)
The private property towing company has entered into a written
contract with the owner of the private property to provide private
property towing services;
(2)
The owner of the private property has posted a sign, in a conspicuous
place at each vehicular entrance, at least 36 inches high and 36 inches
wide, stating:
a.
The purposes for which parking is authorized and the times during
which such parking is permitted;
b.
That unauthorized parking is prohibited and unauthorized motor
vehicles will be towed at the owner's expense;
c.
The name, address and telephone number of the private property
towing company that will perform the private property towing;
d.
The charges for the private property towing and storage of towed
motor vehicles;
e.
The street address of the storage facility where towed motor
vehicles can be redeemed after payment of the posted charges and the
times during which a motor vehicle may be redeemed; and
f.
That a consumer may contact the Division of Consumer Affairs
by calling 1-800-242-5846;
(3)
The property owner has authorized the private property towing
company to remove the motor vehicle; and
(4)
The private property towing company tows the motor vehicle to
a secure storage facility having the capacity to receive it that is
nearest to the site from which the motor vehicle is towed.
(5)
The provisions of Subsection (p)(1) through (4) above shall
not apply if a motor vehicle is parked:
(6)
The provisions of Subsection (p)(2) above shall not apply if
the private property from which the motor vehicle is to be towed is
a residential community in which parking spaces are assigned to community
residents and:
a.
The assigned spaces are clearly marked as such;
b.
There is documented approval from the private property owner
authorizing the removal of the motor vehicle; and
c.
A sign is posted in a conspicuous place at all vehicular entrances
that:
1.
States that unauthorized parking in an assigned space is prohibited;
2.
States that unauthorized vehicles will be towed at the owner's
expense; and
3.
Includes information, or a telephone number, enabling the motor
vehicle owner or operator to obtain information as to the location
of the towed motor vehicle.
(7)
The exemption in Subsection (p)(6) above shall not apply to
a private parking lot or parcel owned or assigned to a commercial
or other nonresidential entity located in the residential community.
(q)
A private property towing company shall not provide any benefit to
a person for information regarding a motor vehicle that may be towed
from private property.
(r)
A private property towing company shall not refuse to release to
the owner or operator a motor vehicle that has been hooked or lifted
but not removed from private property.
(a)
All licensees shall maintain the following minimum insurance coverages:
(1)
Motor vehicle liability for a tow truck capable of towing a
motor vehicle that is up to 26,000 pounds, for the death of, or injury
to, persons and damage to property for each accident or occurrence
in the amount of $750,000, single limit; and
(2)
Motor vehicle liability for a tow truck capable of towing a
motor vehicle that is more than 26,000 pounds, for the death of, or
injury to, persons and damage to property for each accident or occurrence
in the amount of $1,000,000, single limit.
(3)
A towing company shall also secure and maintain, for every tow
truck, insurance that covers garage keeper legal liability in the
amount of $500,000, and "on-hook" coverage, either as an endorsement
on the insurance required by Subsection (a)(1) and (2) above or in
the amount of $500,000.
(b)
Each policy required herein shall contain an endorsement providing
for 20 days' notice to the Township in the event of any change or
cancellation.
(c)
Each policy required herein shall name the Township as an additional
insured.
(d)
The insurance required hereunder shall be obtained from an insurance
company authorized to do business in New Jersey.
(a)
Equipment to be carried on all tow trucks shall include a universal
towing sling, except flatbeds; J-hooks and chains; one snatch block
for three-eighths-inch to one-half-inch cable; two high-test safety
chains; an auxiliary safety light kit to place on the rear of a towed
vehicle; four-lamp or three-lamp revolving amber light or lamp bars;
a toolbox with an assortment of hand tools; rear working lights and
rear marker lights; cab lights; body clearing lights located to clear
a towed vehicle; blocking choke for the tow truck while working; safety
cones; shovels and broom; a steering wheel lock or tie down; and a
two-way radio communication system.
(b)
In addition, every tow truck shall be equipped with safety tools
to remove disabled or locked vehicles.
(c)
All tow trucks shall be properly lettered on both sides, as required
by law.
A licensee shall:
(a)
When on call, provide towing on a twenty-four-hour, seven-days-a-week
basis, including holidays.
(b)
Dispatch a tow truck or trucks, as circumstances warrant, when requested
by the police to respond, in such a manner that the tow truck arrives
at the scene within 15 minutes under normal and reasonable circumstances.
(c)
Maintain and operate all tow trucks in accordance with all existing
traffic regulations and in a safe and prudent manner.
(d)
Not stop at any accident scene unless directed by the police, except
to notify the police of an unattended accident and advise accident
victims that the police have contacted the licensee on rotation; and
not solicit or attempt to divert patrons of another towing operator,
whether or not licensed under this article, or solicit prospective
patrons of a given repair service to any other repair service.
(e)
Not respond to the scene of an accident except upon notification
by the police.
(f)
Except for private property towing, not tow vehicles without proper
authorization from the police at the scene or the owner or driver
at the scene. Upon such authorization and if not accompanied by the
owner or driver of the towed vehicle, the licensee shall disclose,
in writing, the location of the storage facility.
(g)
Not release any vehicle impounded or confiscated without proper authorization
from the police.
(h)
Notify the police on a weekly basis of unclaimed vehicles.
(i)
Be responsible for all vehicles and their contents after towing.
If the vehicle is unattended, the licensee shall make an inventory
of any apparent valuable contents at the accident scene and maintain
said inventory at least until the disposition of the vehicle.
(j)
Cooperate with other towing operators in the case of emergency services
at the scene of accidents and/or disasters.
(k)
Comply with police instructions at the scene, even if it means countermanding
towing requests by the owners or drivers of disabled vehicles.
(l)
Request police assistance during the course of servicing, when negotiating
difficult towing operations.
(m)
Prior to departure from the accident scene, clean and clear streets
of any debris resulting from any accident, and toward that end carry
the necessary equipment to perform such cleaning services.
(n)
Report any dispute between towing operators and/or persons at the
scene to the police; and report to the police any observed disabled
vehicles, accidents or any other activities that may require police
attention.
(o)
Not use flashing lights or sirens except as permitted by the police
pursuant to law.
(p)
Not tow a vehicle for illegal parking until a summons has been issued.
(q)
Accept at least one major credit card for towing services.
(r)
Immediately notify the police in the event that the licensee is not
operational due to mechanical failure, personnel deficiency or other
incapacitating cause.
(s)
A towing company that performs private property or other nonconsensual
towing shall retain, for three years, the following records:
(1)
Invoices for both consensual towing and nonconsensual towing
services;
(2)
Job orders;
(3)
Documentation of waiting time;
(4)
Logs, which shall include the time when a towed motor vehicle
was delivered to the towing company's storage facility from a private
property or other nonconsensual tow and the date and purpose of each
trip to the motor vehicle in storage;
(5)
Documents relating to private property and other nonconsensual
towing services performed and rates charged for services; and
(6)
Any contracts under which the private property towing company
is authorized to perform private property towing services.
(t)
Post hours of operation on storage facilities so that the public
may be informed as to when the facilities are open for recovery of
motor vehicles.
(u)
Maintain the public portions of storage facilities as a clean and
safe environment for public invitees.
(v)
Not park or store an impounded vehicle on any public street or sidewalk
or any outside unsecured area.
(w)
Not employ any Township employee or allow any Township employee to
have a financial interest, direct or indirect, in the towing operator's
business.
(x)
Clear accident areas of debris upon arrival on the scene.
(y)
If called as a backup, tow the vehicle to the yard of the operator
on call.
(z)
Disconnect cables from disabled vehicle battery terminals so as to
avoid possible fire hazards.
(aa)
Display fees on cards, conspicuously indicating the maximum rates
for towing and storage charges, in each tow truck, and present a card
to the driver of the disabled vehicle to be towed. Such a fee card
shall also be conspicuously posted at every storage facility and location
where the vehicle is to be retrieved.
(a)
The maximum rates for towing services and storage of motor vehicles, which rates are based upon the usual, customary and reasonable rates of operators towing and storing motor vehicles in the municipality, are set forth in Appendix IV of Chapter 2.
(b)
In the event that the person claiming a towed vehicle reports to
the police on a day when, for whatever reason, licensee cannot release
the vehicle, the claimant shall be given written confirmation of the
date from the tour commander. If the vehicle is then claimed from
the licensee on the next regular business day, no storage charge shall
be exacted from the time the vehicle was first claimed until it was
actually picked up.
(c)
If the owner of an unattended vehicle appears on the scene and the
vehicle does not need to be towed or impounded, the licensee shall
not charge for the service call, unless the vehicle has been hooked
up to the tow truck, in which event 50% of the authorized towing charge
may be assessed against the owner or driver of the vehicle.
(d)
There shall be no charge for towing, storage or impoundment if it
is determined by the Chief of Police that such vehicles have been
towed, stored or impounded due to an error by the towing operator
or the police. This determination shall be in the sole discretion
of the Police Chief and is binding upon the licensee, who shall make
no claims against the Township or the owner of the vehicle, and if
payment has already been received, the payer shall be reimbursed.
(e)
All licensees shall be obligated to tow and to make minor roadside
service repairs to vehicles owned by the Township in the event that
they become disabled, without charge to the Township if towed within
the County of Bergen.
(f)
Licensed towing companies will absorb towing-related fees whenever
a vehicle is towed for the purposes of evidence collection, as determined
by the Township of Teaneck.
(g)
A bill for a private property tow or other nonconsensual tow shall
include the time at which a towed motor vehicle was delivered to a
towing company's storage facility.
(h)
A bill for a private property tow or other nonconsensual tow shall include a list of all services provided to a person for which the towing company is charging pursuant to Subsection (a) above.
(i)
A bill for a flat fee rendered for a private property or other nonconsensual
basic tow shall enumerate the towing services actually performed as
part of the basic tow.
(j)
No licensee shall charge the Township for any nonconsensual tow authorized
or requested by the Township or the Township's Police Department.
Any fees authorized under this ordinance shall be charged to the owner
of such vehicle and not to the Township.
This article shall not prevent an owner or the operator of a
motor vehicle from requesting or utilizing, on a consensual basis,
a tow truck operator who is not a licensee hereunder.
Upon the adoption of this article, the Township Clerk shall
give 30 days' public notice by newspaper publication of the necessity
of making application for a license to engage in the business of basic
towing service as a licensee of the Township. In addition, the Chief
of Police shall give notice to all towing operators known to have
engaged in basic towing service in the Township for the year last
past.
(a)
Any person, firm or corporation violating the provisions of this
article shall, upon conviction thereof, be subject to a fine of not
less than $100 nor more than $2,000 or to imprisonment for not more
than 90 days, or both, in the discretion of the Judge of the Municipal
Court.
(b)
The Chief of Police is charged with the responsibility to enforce
the provisions of this article in accordance with due process of law.
However, the authority conferred upon the Chief of Police shall not
limit the authority of the Township generally, its officers or agents
from acting in an emergency to forestall or eliminate danger to public
health or safety.
(a)
Except with respect to the issuance, suspensions and revocations of licenses which shall be governed by §§ 35-19 and 35-20 herein, any aggrieved person may appeal any decision of the Chief of Police based on § 35-28 above to the Township Manager. Any such appeal to the Township Manager shall be made within 30 days of the date of receipt of the Chief of Police's decision by submitting a written request for Manager review, together with a copy of the Chief of Police's decision and all information deemed to be necessary for a complete review by the Manager. The Manager shall have the authority to modify or confirm, in whole or in part, the decision of the Chief of Police. If the Manager fails to act within 60 days of the submission of the appeal to the Manager, then the view of the person making the appeal shall prevail. Pending completion of this appeal process, enforcement of the Chief of Police's action, decision or directive shall be stayed if the aggrieved party takes no further action with respect to the subject of said action, decision or directive, unless otherwise directed by a court of competent jurisdiction. The provisions of this section do not apply to issues under the jurisdiction of the Municipal Court.
(b)
Within 45 days of the receipt of an adverse decision by the Manager, as set forth in Subsection (a) above, an aggrieved person may appeal further to the Municipal Court of the Township of Teaneck or any other court of competent jurisdiction.
(c)
Nothing contained herein shall be deemed to alter or abridge in any
way the dispute resolution procedures established under N.J.A.C. 13:45A-31.2
et seq. through the New Jersey Division of Consumer Affairs.
The provisions of this article and fee schedules of individual
towers shall be available to the public during the normal business
hours of the municipality.
