[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 9-25-1986 by Ord. No. 933; amended in its entirety 3-11-1999 by Ord. No. 1176. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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 from any other object
within the right-of-way or berm.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for removal or transportation of motor
vehicles.
A.Â
No person who wishes to provide towing services on
behalf of the Township of Saddle Brook shall engage in the business
of operating wreckers or tow trucks for the aforementioned purpose
within the Township without first obtaining a license therefor.
B.Â
The official tower shall furnish adequate and proper
towing, wrecking, storage and emergency repair service to damaged
or disabled motor vehicles within the limits of the Township of Saddle
Brook when requested to do so by the Chief of Police or designee.
The official tower shall be available to render service 24 hours per
day, seven days per week.
C.Â
In the event that a disabled vehicle requires special
towing equipment and the official tower does not possess such equipment,
then the Chief of Police and the designee shall select the next official
tower in the rotation list who does possess the necessary special
equipment to tow such disabled or damages vehicle. No official tower
shall subcontract or assign any work to be performed by the official
tower under the provisions of this chapter.
A.Â
Every applicant for a license under this chapter shall
complete, sign and verify a written application, in duplicate, on
forms furnished by the Township Clerk.
B.Â
The application shall state:
(1)Â
Name and address of the applicant. When the official
tower is a corporation or partnership, the application shall contain
the names and residences of all persons owning 10% or more of the
shares thereof. In the event that the official tower is conducting
business under a trade name or business name, the applicant such submit
a certificate of such name filed with the County Clerk's office of
Bergen County.
(2)Â
Residence address and full local address, if any,
of the applicant.
(3)Â
Serial number and registration of each vehicle to
be operated by the applicant.
(4)Â
Location of storage area for wreckers and cars and
the amount of available space for storage of towed cars.
(5)Â
Name and address of insurer, a certificate or certificates
of insurance evidencing adequate insurance coverages hereinafter provided,
policy numbers of garagekeeper's liability and garage liability policies.
(6)Â
Consent to appointment of the Township Clerk as the
applicant's true and lawful attorney for the purpose of acknowledging
service out of any court of competent jurisdiction to be served against
the applicant.
(7)Â
Agreement to be available for service or on call 24
hours a day and to abide by the fees contained in this chapter.
(8)Â
A fee of $200 to cover the administrative expenses
incurred by the Township in processing the application.
(9)Â
Such information as may be required by the Mayor and
Council concerning the personnel, vehicles, equipment and storage
facilities of such applicant, as hereinafter provided, showing that
the applicant meets the minimum standards of performance.
A.Â
The applicant shall file the completed application
forms in duplicate with the Police Department of the Township annually
between September 1 and no later than November 30 of each year.
B.Â
A designee in the Police Department shall be charged
with the investigation of prospective licensees , which shall consist
of the following:
(1)Â
A background check to determine if either the applicant
or the applicant's personnel have been convicted of a criminal offense
or have had their driver's license suspended or revoked within the
past year. Conviction of a criminal offense or suspension of a driver's
license within the past year shall be a cause for disqualification
from inclusion on the official towers list. No person who has been
convicted of a criminal offense or whose driver's license has been
suspended shall be employed as a driver of a tow truck or wrecker
by the official tower. A background check shall be made on any person
employed by the official tower after a license has been issued.
(2)Â
An inspection of the personnel, vehicles, equipment
and storage areas proposed to be utilized by the applicant to verify
the accuracy of the information contained in the application and to
determine compliance with applicable laws and regulations and the
standards of performance required by this chapter.
C.Â
Upon the completion of its investigation, the Police
Department designee shall recommend the issuance of a license when
he finds that:
(1)Â
The applicant has not knowingly and with intent to
deceive made any false, misleading or fraudulent statements of material
fact in the application or in any other document required pursuant
to this chapter.
(2)Â
The applicant has met the standards in this chapter
and has furnished the required hold harmless agreement and certificates
of insurance.
(3)Â
The application has been reviewed and a favorable
report submitted by the Chief or his designee.
(4)Â
Neither the applicant nor the applicant's personnel
have been convicted of a criminal offense or had their driver's license
suspended within the past year.
D.Â
The Chief of Police or his designee shall conduct
his review and render a report to the Mayor and Council recommending
either approval or denial of the application within 21 days of receipt
of the application from the Township Clerk. The Mayor and Council
shall take action with regard to the report of the Chief of Police
with 14 days or the next public meeting of the Mayor and Council,
whichever is later. The applicant or its representatives shall be
given notice of the date on which the Mayor and Council will consider
the application and shall be permitted to appear and be heard at that
time.
E.Â
Written notice of the approval or denial of the application
shall be provided to the applicant within seven days of the decision
of the Mayor and Council. If the Mayor and Council fail to take action
within 60 days of receipt of a complete application, the application
shall be deemed to have been approved.
A.Â
Upon approval of the application as herein provided,
the Township Clerk shall issue the applicant an official tower's license
for each tow vehicle to be utilized providing services pursuant to
this chapter.
B.Â
The license shall contain the following:
(1)Â
Name and address of licensee.
(2)Â
Number of the license and amount of fee paid.
(3)Â
Date of issuance of the license and expiration date.
(4)Â
Signature of the Township Clerk and the seal of the
Township.
(5)Â
A list of all drivers with evidence of their articulated
vehicle driver's license or commercial driver's license.
C.Â
Expiration.
(1)Â
All licenses shall expire on December 31 one year
from the date issued unless an earlier expiration date is indicated
on the license. Each applicant for an official tower's license or
renewal shall apply for such license on or before November 15 of any
calendar year, and the license shall not transferable or assigned
and shall be subject to revocation by the Mayor and Council for any
of the following reasons:
(a)Â
If it is subsequently determined that the applicant
knowingly and with intent to deceive made false, misleading or fraudulent
statements of material fact in the application or in any other document
required pursuant to this chapter.
(b)Â
Violation of any federal or state law or municipal
ordinance or regulation relating to the operation of motor vehicles
or the provision of towing services.
(c)Â
Violation of any rule or regulation promulgated
by the New Jersey Department of Insurance.
(d)Â
Violation of any of the provisions of this chapter.
(2)Â
Upon the expiration of an official tower's license,
the applicant, prior to performing any service thereafter, shall refile
completely for such official tower's license, setting forth all the
information required in the form provided by the Township Clerk and
in complying with the provisions of this chapter.
D.Â
The Township Clerk shall send a copy of the license
to the Police Department for filing and shall keep permanent record
of all licenses issued.
E.Â
The yearly fee for a license issued pursuant to this
chapter is $500. No portion of said fee shall be prorated for any
part of a year.
A.Â
Towing fee schedule.
[Amended 9-3-2015 by Ord. No. 1598-15]
(1)Â
Days. Regular towing, between 8:00 a.m. to 8:00 p.m.:
$100.
(2)Â
Flatbed towing. Between the hours of 8:00 a.m. to
8:00 p.m.: $100.
(3)Â
Nights after 8:00 p.m. to 8:00 a.m., weekends and
federal holidays. Regular towing: $100 per tow.
(4)Â
Flatbed towing. Between the hours of 8:00 p.m. and
8:00 a.m.: $100 per tow.
(5)Â
Storage fees:
(a)Â
Starting 24 hours from the time of the tow to
the 10th day, inclusive: $30 per day.
(b)Â
From the 11th day and each day thereafter: $40
per day.
(c)Â
For each day of storage within enclosed permanent
structure: $40 per day.
(d)Â
Hours for release of vehicles is 9:00 a.m. to 5:00 p.m., Monday
through Friday, excluding holidays; and 9:00 a.m. to 12:00 noon on
weekends.
(6)Â
A towing operator responding to a tow shall be responsible for all
site cleanup related to a motor vehicle accident, including the pickup
and removal of all debris from the scene of the accident and containment
of any hazardous fluids from the vehicle prior to tow, in accordance
with the laws of the State of New Jersey, and all services as prescribed
within the Township of Saddle Brook Towing Ordinance. Additional charges
for labor, number of workers, trucks and material, including winching,
street sweeping, spreading of speedy dry on oil spills, etc. shall
be as per job, with a minimum of $125. Any dispute over charges for
services under this section shall be subject to review and approval
by the Chief of Police as to the reasonableness of the charges.
(a)Â
Winching fee. Recovery of a vehicle beyond the limits of the
roadway, right-of-way or berm or from being impaled upon any other
object within the roadway, right-of-way or berm. Winching fees are
only permitted to pull the vehicle back onto the roadway or right-of-way
and put the vehicle in proper position for the tow.
(b)Â
Site clean-up fee. In the event of a fuel, oil or other type
of fluid type spill or leak at the towing site, the towing operator
shall be entitled to a maximum fee of $25 per 50-pound bag of absorbent,
i.e., speedy dry, needed and used for the containment and cleanup
of the spill.
B.Â
Any and all Township vehicles shall be provided services
by each licensee hereunder at no cost.
C.Â
Fees for towing vehicles into or out of the Township
must be agreed upon by the owner of any such vehicle, in writing,
prior to the vehicle being towed. The owner or operator of a vehicle
shall have the right to select a tower of his or her choice, including
towers with a place of business outside of the Township, provided
that such disabled vehicle is not then interfering with the vehicular
or pedestrian flow of traffic and that the location of such vehicle
does not present a danger to vehicular or pedestrian traffic.
D.Â
Fee cards. Fee cards conspicuously indicating the
maximum rates for towing and storage of a vehicle within the Township
shall be kept in the possession of the drivers of all tow vehicles
and presented to the driver or owner of any vehicle to be towed.
E.Â
The owner and/or occupier of any towed vehicle shall
be presented with an itemized bill detailing all of the charges which
the tower has billed on or before payment has been made by such vehicle
owner.
A.Â
No license shall be issued to an applicant until he
shall have deposited with the Police Department the following insurance
policies:
(1)Â
Comprehensive general liability insurance. Limit of
liability shall not be less than $1,000,000 combined single limits
(bodily injury and property damage) per occurrence and aggregate,
including premises operations and procedures/completed operations.
(2)Â
Automobile liability insurance. Limit of liability
shall be not less than $1,000,000 combined single limits (bodily injury
and property damage) per occurrence. (NOTE: Liability insurance policies
shall be specifically endorsed to provide collision insurance for
vehicles in tow.)
(3)Â
Worker's compensation insurance, statutory coverage,
including liability coverage with a limit of at least $100,000.
(4)Â
Excess umbrella, in the amount of $1,000,000, giving
protection in excess of the $300,000 general and auto liability coverage.
(5)Â
On all liability policies, the Township of Saddle
Brook shall be named as an additional insured, and insurance certificates
shall indicate such coverage.
(6)Â
Insurance coverage shall indemnify the Township of
Saddle Brook and the public against any loss due to injuries, accidents
or damages of any character whatsoever, where any such damage is the
result of, act or omission of the licensee, his agents or employees
in or due to the execution of the work called for under this chapter.
(7)Â
The applicant shall provide the Township with certificates
of insurance evidencing the coverages required above. Such certificates
shall provide that the Township be given at least 30 days' prior written
notice of any cancellation of, intention not to renew or material
change in such coverage. These certificates must be provided before
commencing work in connection with this chapter. Failure to submit
same with the application shall subject such applicant to immediate
disqualification.
(8)Â
The providing of any insurance required herein does
not relieve the applicant of any of the responsibilities or obligations
pursuant to this chapter or for which the applicant may be liable
by general law or otherwise.
(9)Â
Failure to provide and continue in force such insurance
as required hereinabove shall be deemed a material breach of this
chapter and shall immediately nullify any license then in force.
B.Â
Policies of insurance shall be written by insurance
companies authorized to do business in the State of New Jersey.
C.Â
The Township of Saddle Brook shall be named as an
additional insured on all policies of insurance provided pursuant
to this chapter. All certificates of insurance shall provide that
the policies may not be canceled or terminated or coverage decreased
without 30 days' written notice to the Township of Saddle Brook. Such
insurance shall be primary.
D.Â
Policies of insurance required by this chapter shall
be maintained in full force and effect at all times. In the event
that any coverage is canceled or terminated or coverage decreased
in amount, the tower shall be removed immediately from the official
tower's list until such time as the required coverage is reinstated
or replaced.
A licensee must comply with the following requirements:
A.Â
Any person, company or corporation requesting this
license must have had a towing business for a minimum of one year
and must be of known good reputation in the field of wrecking, towing,
etc.
B.Â
The licensee shall be available to provide service
24 hours per day, seven days per week.
C.Â
The wrecker/tow truck shall have a passenger seat
to transport the driver of the vehicle to be towed, under appropriate
circumstances, at no additional cost to the owner of the vehicle.
D.Â
Wreckers/tow trucks shall have paging capabilities
with their dispatching center on a twenty-four-hour basis.
E.Â
Calls must be answered within 20 minutes of the Saddle
Brook Police Department notice to licensee to respond to a call, unless
a mutually agreed time is approved.
F.Â
The licensees shall provide each wrecker/tow truck
with a shovel, broom and other equipment necessary to clean up broken
glass and debris from the scene of an accident to which it is summoned.
The driver of such wrecker/tow truck shall be responsible for such
cleanup.
G.Â
All wreckers/tow trucks used and employed in towing
of vehicles shall be kept in a clean, good working condition, and
the name, address and telephone number of the licensee shall be conspicuously
displayed on each vehicle.
H.Â
All licensees shall be required to comply with all
state and local laws and be licensed, as required.
I.Â
The licensee shall, when performing under this license,
follow the lawful directions of the officers of the Saddle Brook Police
Department, agents or representatives of the Township of Saddle Brook.
J.Â
A person retrieving his vehicle shall be able to transact
all business, including the pickup of the vehicle and payment of fees,
at the same location.
K.Â
There shall be no piling of vehicles.
L.Â
Vehicles shall be towed and stored in a safe manner
so as to prevent any damage to such vehicles.
M.Â
The licensee shall provide a clean waiting room for
the public with a restroom and access to a public telephone.
No license shall be granted to an applicant
unless and until he has appointed the Township Clerk as his true and
lawful attorney for the purpose of acknowledging service out of any
court of competent jurisdiction served against the applicant.
A.Â
All licensees must have a minimum of 5,000 square
feet to accommodate a minimum of 15 vehicles and may be divided into
two parcels so as to provide indoor storage for a minimum of two motor
vehicles. The parcels must be fenced in, and secured, and in an area
that permits the towing and storage of vehicles and which is to be
located within the Township of Saddle Brook and/or a contiguous municipality
of the said Township of Saddle Brook. Any and all cars towed from
the Township of Saddle Brook must be stored in the facility storage
area located in the Township of Saddle Brook and/or in a contiguous
municipality of said Township of Saddle Brook. In order to facilitate
the transaction of business between the tower and the parties towed,
all licensees shall maintain a business office in the Township of
Saddle Brook and/or in a contiguous municipality of said Township
of Saddle Brook for the transaction of any such business required
under this chapter.
B.Â
If the licensee is the owner in fee simple of the
required number of square footage, he is to submit with his license
a certified copy of the deed for the land containing a metes and bounds
description of same.
C.Â
If the licensee has a lease for the required number
of square footage, he is to submit with his license a copy of the
lease or leases containing a metes and bounds description of same.
Licensees must have a lease which extends to at least six months after
the termination date of the towing portion of this license.
D.Â
If the licensee has an option or options to lease
or purchase the required number of square footage, he is to submit
with his license a copy of the option agreements containing a metes
and bounds legal description of same.
E.Â
The deeds, leases or options to lease or purchase
are to be approved as to form and legality by the Township Attorney.
F.Â
Visual on-site inspection of the land shall be made
before award of a license by the Township or its designees. All the
land proposed to be utilized by the licensee for storage must be level
and clear of debris and must be clearly marked as having the area
necessary to maintain the minimum capacity of 15 vehicles for the
Township.
G.Â
The entire land area or areas must be enclosed by
a fence of sturdy construction and at least seven feet in height or
the maximum permitted by the applicable section of the Zoning Ordinance,[1] whichever is less, so that the storage will not be visible
to the public.
H.Â
The operation of the site(s) shall conform at all
times to fire regulations of the Township of Saddle Brook or the municipality
in which the site(s) is located.
I.Â
The storage facility must provide a minimum of eight
hours per day (9:00 a.m. to 5:00 p.m.) Monday through Friday and four
hours on Saturday (9:00 a.m. to 1:00 p.m.) for reclaiming of towed
vehicles. There shall be no release fees charged for releasing vehicles
after normal business hours.
J.Â
Prior to the awarding of any license hereunder, the
licensee shall prove to the Township of Saddle Brook that his said
locations are legally zoned for such storage of vehicles. The licensee
shall comply with all applicable laws where such place of business
is located.
K.Â
No impounded vehicle shall be parked upon a public
street or sidewalk, quasipublic street or sidewalk or any public area,
but must be stored by the licensee within the storage area so provided;
the licensee, his agents or representatives shall not use the vehicles
for the use of the licensee or their personal use. License plates
shall not be removed from any vehicle, except when lawfully required
by the Saddle Brook Police Department or other government agency,
or switched to any other vehicle.
L.Â
The impounded areas must be properly lighted from
dusk to dawn and must be properly safeguarded from vandalism and/or
theft.
M.Â
The Township of Saddle Brook shall have access to
any part of storage areas at any time of the day or night for the
purpose of inspection and/or investigation. This shall include indoor
and outdoor areas.
N.Â
There shall be no unescorted access to the storage
area by the public. The Saddle Brook Police Department, from time
to time, shall establish rules and regulations regarding the public
access to the vehicle so impounded and/or stored; such rules and regulations
may also be amended from time to time. This requirement must be strictly
enforced. Failure to follow these rules and regulations shall be cause
to cancel an issued license.
A.Â
The governing body hereby designates the Police Department
generally and a designee of the Police Department in particular as
its agent to supervise the enforcement of the terms and provisions
of this chapter and the rules and regulations adopted hereunder. The
licensee shall comply with any and all reporting requirements and
procedures established by the Saddle Brook Police Department.
B.Â
No individual, owner or operator of a wrecker shall
respond to the scene of an automobile accident except upon notification
by the officer in charge of police headquarters or upon request of
the driver or owner of the vehicle involved.
C.Â
The officers investigating accidents which require
a wrecker shall get authorization from the drivers or owners of cars
as to whom is to perform the towing.
D.Â
To amplify and expedite the enforcement of the provisions
of this chapter, a designee of the Police Department shall establish
a system of rotation in the assignment of wreckers when the owner
or the driver declines to indicate any specific choice of wrecker
to remove the disabled vehicle. The system of rotation shall be nondiscriminatory
and antiexclusionary in that licensed towers and/or wreckers shall
be summoned in order as their name appears on a rotation list. The
list shall be established by date of license issuance, i.e., first
license issued, first name on list, etc.
A.Â
At the direction of the Saddle Brook Police Department,
licensees must tow vehicles from the roadway or any other public property,
including but not limited to municipal parking lots, park, playgrounds
and Board of Education property.
B.Â
No wrecker shall possess or exhibit flashing lights,
except as provided under N.J.S.A. 39.1-1 et seq.
C.Â
Licensees shall take all reasonable precautions required by the Police Department to avoid damage to any evidence, such as fingerprints, when rendering services in accordance with this chapter. All motor vehicles which contain or involve evidence necessary to the Police Department of the Township and stored by the licensee in accordance with this chapter shall be stored pursuant to § 191-11A of this chapter.
The licensees must have the following equipment
operating at all times and ready for call to a location within the
boundaries of the Township of Saddle Brook when dispatched by the
Saddle Brook Police Department pursuant to the terms of the license
and for the full term of said license:
A.Â
At least one tow truck and one flatbed vehicle for
the purposes set forth in this chapter.
B.Â
Equipment for jump starts, changing of flat tires
and portable heavy-duty lifting.
C.Â
Each wrecker/tow truck must also be equipped with
a shovel, broom and other equipment needed to clean up broken glass
and debris.
D.Â
Each wrecker/tow truck must have emergency flashing
lights in accordance with N.J.S.A. 39.1-1 et seq.
E.Â
Any person convicted of a crime, as enumerated in § 191-4B(1) of this chapter, is forbidden to tow for the Township of Saddle Brook.
F.Â
At all times, at least one employee with an articulated
driver's license or commercial license shall be available to operate
the above-required equipment, 24 hours a day, seven days a week, including
holidays.
Applicants shall agree in writing to assume
the defense of and indemnify and hold harmless the Township, it elected
officials, boards, commissions, officers, employees and agents from
all suits, action, damages or claim 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 in turn to a hold
harmless agreement in a form to be prepared by the Township Attorney
prior to being included in the official tower's list.
A.Â
Copies of this chapter and the schedule of fees that
may be charged by official towers shall be made available to the public
during normal business hours at the Township Hall. Copies shall also
be made available to the public at each official tower's place of
business.
B.Â
All official towers shall post, in a prominent place
at each storage area clearly visible to the public, a schedule of
fees that may be charged for all services, provided that the same
is pursuant to this chapter.
C.Â
The Township reserves the right to make periodic unannounced
inspections of the personnel, vehicles, equipment and storage areas
of all official towers.
D.Â
The relationship between an official tower and the
Township is one of an independent contractor. Neither party shall
be construed in any manner whatsoever to be an employee of the other,
nor shall any employee or agent furnished by any party be construed
to be an employee or agent of the other party. Inclusion on the official
tower's list shall not be construed or considered as a joint venture,
partnership, association, contract of employment or profitsharing
agreement.
E.Â
The Township shall not be liable or responsible for
compensating the official towers for any of the services performed
under this chapter. Compensation shall be the responsibility of the
owner of the towed motor vehicle, and the official tower shall proceed
directly against the owner.
F.Â
The official tower shall, at all times, be solely
responsible for the conduct of its employees.
G.Â
Each official tower shall keep and maintain adequate
and complete records showing all vehicles towed, stored and released
or all services rendered and all fees charged and collected. All records
shall be available for inspection by the Township at any time during
normal business hours. Records shall be kept and maintained by the
official tower at one central location and shall be retained for a
period of seven years. Records may be written, printed or computerized
as long as the requirements of this subsection are met.
Any person and/or licensee who shall violate
the provisions of this chapter shall, upon conviction thereof, be
punishable as provided below:
A.Â
Be prohibited from receiving a license for a period
of three years from the date of said conviction. Upon the second or
subsequent conviction and in the discretion of the Municipal Judge,
said person shall be prohibited from receiving a license for a period
of 10 years from the date of the second or subsequent conviction;
and
B.Â
Be subject to imposition of the general penalties
set forth in the Revised General Ordinances of the Township of Saddle
Brook.
Upon determination by the Township Council of
a proper basis for the revocation of a license, notice of the hearing
for revocation of a license shall be given to the licensee, in writing,
setting forth specifically the grounds of complaint and the time and
place of the hearing. Such notice shall be mailed by registered or
certified mail, return receipt requested, addressed to the licensee
at his last known address, at least five days prior to the date set
for hearing.
A.Â
Any person aggrieved by the action of a designee of the Police Department or the Township Clerk in the denial of license as provided in §§ 191-4 and 191-5 of this chapter shall have the right to appeal to the Mayor and Council. Such appeal shall be taken by filing with the Council within 14 days after notice of such action a written notice of appeal. The 14 days shall begin to run from the post mark date on such correspondence mailed to the applicant at his last known address. The hearing shall be held within 45 days of receipt of the notice of appeal or within such time period as agreed to by the parties to the appeal.
B.Â
The Council shall set a time and place for the hearing of such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 191-18 for the notice of hearing on revocation.
C.Â
The decision and order of the Council on such appeal
shall be final and conclusive.
This chapter shall not prevent the occasional
operation at the scene of an accident, upon the request of an owner
or driver of a vehicle, of a wrecker or tow truck which is owned by
a person not regularly engaged in the business of operating wreckers
or tow trucks within the Township of Saddle Brook.