[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 9-21-2011 by Ord. No. Z-131. Amendments noted where applicable.]
The purpose of this chapter is to establish mercantile licensing
for, and rules and regulations associated with, the towing and storage
of motor vehicles from public roadways within the City limits of the
City of Hoboken.
The provisions of this chapter shall apply to any entity that
engages in towing and storage of motor vehicles within the City limits
of the City of Hoboken for the benefit of the public.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle which the owner or operator leaves on a public
roadway and fails to notify the police or does not attempt to repair
and remove the same within a reasonable period of time.
A motor vehicle which has been involved in an accident.
Any individual who is not the owner who provides sufficient
proof of authority, provided by the owner, to represent the owner's
interests with regard to a motor vehicle.
The towing of a vehicle at the request of the Hoboken Police
Department or Hoboken Department of Parking and Transportation either
to the towing service's storage site from the point of call or
to City Hall from the storage site.
The City of Hoboken.
The Director of the Department of Parking and Transportation.
Any motor vehicle which is unable to operate under its own
power.
The recovery of any motor vehicle over 7,500 pounds'
gross vehicle weight which requires the vehicle to be uprighted or
recovered from either on or off the traveled portion of a public roadway.
The annual rotating list of all heavy-duty towing services
registered with and licensed by the City of Hoboken.
A vehicle which, at the discretion of the Police Department,
is taken into police custody because the operator of the vehicle was
engaged in a violation of the law.
A business engaged in the towing and storing of motor vehicles
within the City of Hoboken which has registered with the City of Hoboken
and been provided a mercantile towing license by the City Council.
A towing service which has been provided a municipal towing
license by the City of Hoboken.
The recovery of all vehicles 7,500 pounds' gross vehicle
weight or less.
All vehicles propelled otherwise than by muscular power,
including trailers and recreational campers, excepting such vehicles
as run only upon rails or tracks and motorized bicycles.
The registered title holder of a motor vehicle.
The fees charged for the storage of vehicles, assessed as
required in this chapter.
The annual rotating list of all towing services registered
with and licensed by the City of Hoboken.
The fees charged by the towing service for recovery of a
motor vehicle from the initial site to the storage site or from the
storage site to City Hall.
A business engaged in the towing and storing of motor vehicles.
When used herein without referring to heavy duty or light duty, the
term shall include both types.
A motor vehicle employed by a towing service for the purpose
of towing, transporting, conveying or removing motor vehicles from
public roadways.
A.
No entity or individual shall operate a towing service within the
City limits unless such entity or individual shall have obtained a
towing license issued by the City Clerk of the City of Hoboken, in
accordance with this chapter.
B.
No such license shall be issued except upon the approval of the Director.
C.
The City shall license up to six light-duty towing services annually.
The City shall license up to three heavy-duty towing services annually.
In any year in which a greater number of towing services apply than
the number of licenses available, the City shall conduct a random
lottery, at the direction of the Director, to determine which towing
services shall be licensed.
D.
Each license issued shall be assigned a number, and a sticker shall
be obtained, indicating the towing service's name, the assigned
number and the year of licensure. The sticker shall be visibly placed
on each towing vehicle which shall be utilized under this chapter.
E.
Application for a towing license shall be made on an annual basis
to the Director on or before November 1. Application shall be made
on forms provided by the Director which shall be made available on
an annual basis on or before September 1. No late applications will
be allowed.
F.
Licensees shall be named on or before January 1 of each year and
shall provide the services under a license, as described in this chapter,
from January 1 to December 31.
A.
No towing service shall be placed upon the annual towing list for
the towing or storing of motor vehicles within the City until the
service shall be registered with the City and provided a towing license
by the City Council. No towing license shall be supplied to a towing
service unless that service meets the following criteria:
(1)
Light-duty towing services must have and utilize a storage site located
within five miles of the City limits.
(2)
Heavy-duty towing services must have a storage site located within
25 miles of the City limits.
(3)
Towing services must provide proof of ownership or similar property
rights, a final certificate of zoning compliance and a certificate
of occupancy for any and all storage sites to demonstrate control
over the site as well as to demonstrate that the site and the proposed
use on the site complies with all zoning and building codes.
(4)
Towing services must maintain insurance at or above the requirements
described in N.J.S.A. 56:13-12.
(5)
Towing services must provide evidence of all towing equipment that
may be utilized in servicing the City of Hoboken, demonstrating current
motor vehicle registration, motor vehicle licensing and vehicle insurance.
(6)
Towing services must provide evidence of ownership or a leasehold
of at least one flatbed and one wheel lift.
(7)
Towing services must provide a statement of corporate ownership and
a stockholder disclosure statement.
(8)
Towing services must provide such other items as the Director of
the Department of Transportation shall require by administrative rule
or regulation, in his or her discretion.
(9)
Towing services must provide a list of all customer service representatives
employed by the entity.
(10)
Towing service providers must provide evidence that their internal
software system is internet capable and must certify that they will,
at their own cost and expense, purchase and utilize software which
is compatible with the City's towing software system.
(11)
Towing service providers must certify that they will operate
their storage site in accordance with the regular business hours and
after-hours required by the Director. The Director shall provide the
required hours, in writing, as part of the annual application.
(12)
Towing service provides must certify that they agree to provide
towing services 24 hours a day, 365 days a year, within 15 minutes
of being summoned.
(13)
All applicants agree to maintain the following during the term
of the license:
(a)
Tow truck drivers shall have and maintain a valid driver's
license for the tow vehicle that they operate.
(c)
Within two years of the effective date of this chapter, all
licensees shall maintain the following:
[1]
Tow truck drivers that operate tow vehicles under a City of
Hoboken towing license must maintain the Towing and Recovery Association
of America (TRAA) National Driver Certification Level 1 or other nationally
recognized certification.
[2]
Drivers that operate the heavy-duty tow truck must obtain the
Level 2 certification.
[3]
General employees shall have TRAA Level 1 certification or other
nationally recognized certification.
[4]
To perform any recovery operation, the licensee must have at
least one employee certified as a TRAA Level 3 or other nationally
recognized certification.
B.
Failure to supply all required material will render an applicant
unqualified for a license in that calendar year. Such failure shall
have no effect on the same towing service's ability to qualify
for a license in subsequent years.
C.
No sworn member of the City of Hoboken Police Department shall be
permitted to own greater than 10% of any towing service licensed by
the City.
D.
Each application shall be accompanied by an administrative fee of $1,000, payable to the City of Hoboken, which fee shall be in addition to any other fees, including but not limited to fees for criminal background checks. Said fee shall be held by the City until such time as licenses are granted in the quantities described in § 184-4. Any applicant who does not qualify for a license, and any applicant who qualifies but does not receive a license as a result of the lottery, when applicable, shall have his or her administrative fee returned.
A.
The Director has the authority to investegate each applicant for
a towing license to determine whether the individual or entity is
of good moral character and to determine whether the vehicles and
equipment of the entity or individual are in such condition that they
can be operated in a safe and efficient manner.
B.
The Director shall have the right to investigate the driving history,
criminal background and financial stability of any individual or entity
applying for an annual towing license.
C.
Any negative history relating to an applicant which is 10 years or
older may not be considered by the Director as part of the investigation.
No towing license shall be transferred from the entity or individual
named on the initial application except upon proper application to
the Director and prior written approval of the Director. Transfers
shall only be considered for approval upon death of an individual
licensee or upon sale of 50% or more of a business licensee.
A.
Separate and distinct lists shall be maintained for heavy-duty tows
and light-duty tows.
B.
The City shall, by lottery, determine the numerical placement of each licensee on the annual list. Each day, the licensee at the top of the list from the previous day shall be placed at the bottom of the list. The licensee at the top of the list shall be summoned first for each call. If any licensee summoned refuses to provide the service, can only provide partial service or fails to accept the call within five minutes of the call. The next licensee on the list shall be called. Once the licensee accepts the call, the licensee shall have 15 minutes to be present on the scene. If the licensee fails to be present within 15 minutes of accepting the call, the next licensee on the list shall be called. Each individual listed in Subsection E shall maintain his or her own list and perform this procedure independent of all other individuals listed therein.
[Amended 11-16-2015 by Ord. No. Z-385; 11-6-2019 by Ord. No. B-200]
C.
The City shall begin at the top of the day list for each service
call.
[Amended 11-16-2015 by Ord. No. Z-385]
D.
The procedural details of the rotating system for summoning licensees
shall be developed by, and amended, as necessary, at the discretion
of the Director. The procedure and any amendments thereto shall be
in writing and shall be made available to the public upon request.
E.
Licensees may only be summoned by the Chief of Police, or his authorized
agent, the Director, or his authorized agent, and the Coordinator
of the Office of Emergency Management.
[Amended 11-16-2015 by Ord. No. Z-385]
A.
Licensed towing services may charge fees to vehicle owners for the
following services:
(1)
Basic tow, which shall be a maximum flat fee of $100 for light-duty tows and $450 for heavy-duty tows, except as delineated in Subsection A(3) below.
[Amended 10-17-2018 by Ord. No. B-77]
(2)
The following additional services, if actually performed, may be
charged as follows:
[Amended 6-21-2017 by Ord. No. Z-495]
(a)
Waiting time in excess of 15 minutes, which shall be calculated
based upon each 15 minutes spent at the call site from which a motor
vehicle will be towed, with fewer than 15 minutes rounded up to 15,
which shall be a maximum fee of $12.50 per 15 minutes.
(b)
Brush cleaning, including collection of debris that can be picked
up by hand, which shall be a maximum flat fee of $25.
(c)
Site cleanup, which shall be calculated based upon the number
of bags of absorbent used, at a maximum rate of $25 per bag.
(d)
Winching, which shall be based upon each 1/2 hour spent performing
winching, which shall be at a maximum rate of $50 per 1/2 hour for
light-duty vehicles and $200 per 1/2 hour for heavy-duty vehicles.
(e)
The use of window wrap, which shall be a maximum flat fee of
$40.
(f)
Tarping, which shall be a maximum flat fee of $40.
(g)
Transmission disconnect, which shall be charged only if a motor
vehicle is locked and the towing company is unable to obtain the keys
for the motor vehicle, which shall be a maximum flat fee of $40.
(h)
Use of a flatbed tow truck, which shall be charged if a motor
vehicle can be transported only by a flatbed tow truck, which shall
be a maximum flat fee of $125.
(i)
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, which may be both a
labor and an equipment charge billed in half-hour increments at $65
per 1/2 hour.
(j)
Decoupling, which shall be a maximum flat fee of $75.
(k)
Storage at a towing company's storage facility, which shall
be at a maximum daily (24 hours) rate of $30 for light-duty tows and
$100 for heavy-duty tows.
(l)
More than three trips to the motor vehicle in storage, which
may be invoiced as an administrative fee by the towing service, which
shall be a flat fee of $45 per trip.
(m)
Releasing a motor vehicle from a towing company's storage
facility after normal business hours or on weekends, which shall be
a maximum flat fee of $10.
B.
A licensed towing service that engages in towing at the request of
the City shall not charge for the use of a flatbed tow truck if a
motor vehicle can safely be towed in an upright position by another
type of tow truck, even if the private property towing company chooses
to use a flatbed tow truck for the tow.
C.
A licensed towing service that engages in towing at the request of
the City may not charge for the tolls it incurs driving to the site
from which a motor vehicle will be towed and while towing the motor
vehicle from that site to the towing company's storage facility.
D.
A licensed towing service that engages in towing at the request of
the City shall calculate storage fees based upon full twenty-four-hour
periods a motor vehicle is in the storage facility. For example, if
a motor vehicle is towed to a storage facility at 7:00 p.m. on one
day and the owner of the motor vehicle picks up the motor vehicle
before 7:00 p.m. the next day, the towing company shall charge the
owner of the motor vehicle only for one day of storage. If a motor
vehicles is stored for more than 24 hours, but less than 48 hours,
the towing company may charge for two days of storage. However, time
shall not begin to accrue for purposes of calculating storage fees
until 12:00 midnight next following the time the vehicle reaches the
storage site.
E.
A towing company performing a private property tow or other nonconsensual
tow shall take the motor vehicle being towed to the towing company's
storage facility having the capacity to receive it that is nearest
to the site from which the motor vehicle is towed.
F.
The bill for any tow allowed herein shall include the time at which
a towed motor vehicle arrived at the towing service's storage
site.
G.
In addition to the fees allowed to be charged against towed vehicles
within this section, the City has the authority, at the discretion
of the Director, to charge a tow release processing fee up to $30
per vehicle.
[Amended 2-5-2020 by Ord.
No. B-227]
A.
All persons operating a towing vehicle within the municipality, and
all their agents, shall keep in their possession a pad of bills containing
the owner's name and the address of his or her place of business
and, before towing a vehicle, shall prepare a bill on their billhead
form, in duplicate, the original of which shall be furnished to the
owner or authorized agent of the owner of the vehicle.
B.
The bill shall contain the following information:
(1)
Full name, address and business telephone number of the towing service.
(2)
Full name and address of the person engaging the towing vehicle.
(3)
State registration number of the vehicle being towed.
(4)
Maximum rates which may be charged by the towing service.
(5)
State registration number of the towing service.
(6)
Municipal license number of the towing service.
(7)
Address of the storage site to which the vehicle will be towed.
C.
Licensees shall not furnish estimates of the cost of repairs to vehicles
at the site of the accident.
D.
Licensees shall not make any repairs or cause any repairs to be made
at the site of the accident, unless such repairs are necessary to
effectuate the towing of the vehicle.
E.
All bills for services, estimates and contracts relating to the towing
of vehicles by licensees shall be in writing and shall conform to
the provisions of this chapter. No oral agreements shall be made with
vehicle owners or authorized agents of owners.
F.
The licensee shall keep an accurate record of all towing calls made
at the request of the City. The City shall be provided with a copy
of all bills and invoices relating to the licensee's services
to the City within 30 days of creation of the bill or invoice.
G.
The City shall have no financial responsibility for the services
provided by towing services within the City, unless provided for in
N.J.S.A. 56:13-7 or N.J.A.C. 13:45A-31.1.
H.
Towing services operating within the City shall abide by all state
statutes, rules and regulations, and any violation of a state statute,
rule or regulation shall be considered a violation of this chapter
which may affect the rights of the licensee.
I.
The licensee shall maintain records of all vehicles towed, stored
and released by it. Records shall be kept for a four-year period.
These records shall include the name of the City of Hoboken employee
summoning the licensee, name of towing employee, the date and time
of tow-in, destination towed, vehicle tag number and state, vehicle
identification number, make, model, color and year of vehicle, itemized
charges to the owner of the vehicle and the disposition of the vehicle
and date thereof.
J.
The towing operator shall maintain a record of all property found
anywhere in the towed vehicle, including the trunk and glove compartment
when open and where a key is available.
K.
The Director shall, upon request, have immediate access to any and
all of these records. The Department of Parking and Transportation
shall conduct a quarterly audit of each tower's records and provide
a written report to the City Clerk's office.
L.
The licensee shall notify the Director, in writing, of any vehicle
that is left unclaimed for a period in excess of seven calendar days.
M.
The licensee must permit payment of fees by the use of at least two
major credit cards. The City will not be held liable for, or assist
the licensee in, the collection of any unpaid fees that were incurred
under the provisions of this chapter.
N.
The licensee shall incur the cost of preparing a payment rate circular
for fees listed under this chapter and shall distribute this rate
circular at the time of tow to all customers, at no cost, which also
includes directions to the storage location, business hours, phone
numbers, major credit cards accepted and other methods of payment
accepted.
O.
The Director shall have the authority to establish additional rules
and regulations, as necessary, to effectuate the purpose and intent
of this chapter. All rules and regulations shall be in writing, shall
be mailed to each licensee within 24 hours of enactment and shall
be made available to the public immediately upon request.
The provisions of this chapter shall be enforced by the Department
of Parking and Transportation and the Hoboken Police Department.
A.
In addition to any other penalties set forth within this chapter,
under other City ordinances or under state law for violations by licensees,
the Director may, after notice and an opportunity to be heard, suspend
or revoke any annual license.
B.
For severe violations and/or recurring violations, the Director may,
after notice and an opportunity to be heard, revoke any annual license
and, in addition, use such violation as the determining factor for
refusing to approve subsequent annual applications for a period up
to 10 years.
A.
Unless otherwise specified herein, any individual or entity violating
any provision of this chapter shall, upon conviction thereof before
the Municipal Court, be subject to a fine not exceeding:
(1)
For the first offense: $1,000 or imprisonment for a period not exceeding
seven days, or both.
(2)
For the second offense: $2,000 or imprisonment for a period not exceeding
30 days, or both.
(3)
For the third or subsequent offense: $5,000 or imprisonment for a
period not exceeding 90 days, or both.
B.
The actual amount of each penalty shall be determined by the sound
discretion of the Municipal Judge. In addition to the aforementioned
penalties, and as provided for herein, violations of this chapter
may subject the license to suspension or revocation as provided for
herein.
