[HISTORY: Adopted by the Mayor and Council
of the Borough of Chatham 6-13-2011 by Ord. No. 11-10[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 256,
Towing, adopted 10-14-2003 by Ord. No. 03-22.
The purpose of this chapter is to establish rules and regulations,
pursuant to N.J.S.A. 40:48-2.49 et seq., and the Predatory Towing
Prevention Act, P.L. 2007, c. 193 and P.L. 2009, c.39 (A3812/S2567),[1] for the towing and storage of motor vehicles from public
roadways by towing companies engaged in such business.
[1]
Editor's Note: See N.J.S.A. 56:13-7 et seq.
The provisions of this chapter shall apply to those businesses
that engage in towing and storage of motor vehicles within the Borough
of Chatham.
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, or other public property, or on private property without
consent of the owner or person in charge of the property, for more
than 48 hours, without notifying the Borough Police Department or
attempting to repair and remove the same. A vehicle which has remained
on or along a highway or other public property for any period without
current license plates shall be presumed to be an abandoned vehicle.
It is further unlawful for any person to abandon a motor vehicle on
or along any limited access highway without the consent of the State
Department of Transportation or other entity having jurisdiction over
the limited access highway. A vehicle which remains on or along such
a limited access highway for a period of more than four hours or for
any period without current license plates shall be presumed to be
an abandoned motor vehicle. Vehicles used or to be used in the construction,
operation or maintenance of public utility facilities and which are
left in a manner which does not interfere with the normal movement
of traffic shall not be considered abandoned vehicles for the purposes
of this section. Vehicles lawfully left in a rest area for not more
than 12 hours shall not be considered abandoned vehicles.
A motor vehicle which has been involved in a motor vehicle
crash.
Any motor vehicle which is unable to operate under its own
power.
The recovery of any motor vehicle 25,001 pounds gross vehicle
weight rating or over which requires the vehicle and/or its contents
to be uprighted and/or recovered from either on or off the traveled
portion of a public roadway.
The towing of any motor vehicle 25,001 pounds gross vehicle
weight rating or over.
A vehicle which, at the direction of the Borough Police Department,
is taken into police custody because the operator was engaged in violation
of the law.
A motor vehicle incapable of being operated safely or of
being put in a safe operational condition except at a cost in excess
of the value thereof, for which a junk title may be required.
The recovery of any motor vehicle less than 7,000 pounds
gross vehicle weight rating which requires the vehicle and/or its
contents to be uprighted and/or recovered from either on or off the
traveled portion of a public roadway.
The towing of any motor vehicle less than 7,000 pounds gross
vehicle weight rating.
The recovery of any motor vehicle between 7,000 and 25,000
pounds gross vehicle weight rating which requires the vehicle and/or
its contents to be uprighted and/or recovered from either on or off
the traveled portion of a public roadway.
The towing of any motor vehicle between 7,000 and 25,000
pounds gross vehicle weight rating.
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 overseers of the fire, police and public works.
Minor motor vehicle debris or material within the area surrounding
the vehicle or within public road or highway and shall not include
hazardous materials or debris.
The fees charged for the storage of motor vehicles and shall
accumulate by the calendar day.
A person(s) offering or performing towing services.
A rotating list of all towing companies for removal and transportation
of a motor vehicle.
A motor vehicle employed by a towing company for the purpose
of towing, transporting, conveying or removing motor vehicles from
public roadways.
The tractor and trailer portion of a motorized vehicle, and
both the tractor and trailer combined shall equate to one vehicle
for purposes of recovery, removal and release.
Whenever a police officer orders the removal of a motor vehicle from private or public property, the police officer shall utilize the towing list established in § 256-5 of this chapter.
A.
At every annual reorganization meeting, the Borough Council shall
establish by resolution a list of automobile towing contractors and
heavy duty truck towing contractors to be utilized by the Borough
Police Department on a rotating basis. A towing contractor may, if
qualified, be on both lists. Such lists shall be utilized by members
of the Borough Police Department on a nonexclusionary and nondiscriminatory
basis. Only those towing contractors who meet the minimum standards
of operator performance set forth in this chapter shall be included
on such lists. There shall be no limit on the number of towing contractors
on either list. Towing contractors may be added to the list at the
annual reorganization meeting.
B.
Towing contractors who are not on the towing list but have requested
to tow for the Borough of Chatham shall have the towing company's
name placed on a towing contractor waiting list. The waiting list
shall be prepared and maintained by the office of the Chief of Police.
Towing contractors must file a written request to be added to the
waiting list on or before October 1 preceding the next annual reorganization
meeting.
C.
Background check: Each owner of a towing company that applies to
be a towing operator on the rotational towing list must execute the
"Authorization by Subject of Request and Privacy Act Notification"
area of Form SBI-213A (Request for Criminal History Record Information
for a Noncriminal Justice Purpose) and submit to a criminal background
investigation pursuant to N.J.S.A. 53:1-20.5 et seq. This investigation
shall include disclosure of any crime, misdemeanor or violation of
any municipal ordinance, the nature of the offense and the punishment
or penalty assessed. Additionally, the Chief of Police shall also
cause the applicant to be fingerprinted for the purpose of a criminal
history check. All applicants must submit a cashier's check,
certified check or money order drawn on a United States bank in the
amount of the prevailing rate, payable to the Division of State Police-SBI
for the criminal history search. If the applicant is a corporation
then this requirement shall apply to the officers of the corporation.
As a result of such investigation, the Chief of Police shall note,
in writing, his recommendation and reasons therefore to the Borough
Clerk. The Borough Clerk shall present the completed application,
along with the recommendation of the Chief of Police as to whether
the towing company shall remain or be placed on the rotational towing
list, at the next regularly scheduled public meeting. If the Borough
so directs, the Borough Clerk shall approve the application to be
placed on the rotational list.
A.
Each towing contractor on the approved list shall furnish the Borough
Clerk with a certificate of insurance from an insurance company satisfactory
to the Borough, but at a minimum, rated A- (A minus) by the latest
available edition of A.M. Best's Insurance Rating Guide. Each
certificate of insurance shall identify the coverage provided and
provide that such insurance shall not be changed or canceled without
giving 30 days' prior written notice to the Borough Clerk by
certified mail, return receipt requested. Specific reference to the
rotating lists of towing companies shall be made on all policies of
insurance.
B.
Each towing contractor must have bodily injury liability, property
damage liability, employer's liability and motor vehicle liability
coverage with combined policy limits of $2,000,000. Each approved
towing contractor must also have statutorily required worker's
compensation coverage.
C.
Each towing contractor shall indemnify and save the Borough of Chatham
harmless from all damages and claims for damages which may be made
by any person for bodily injury or property damages as a result of
the towing contractor's performing pursuant to this chapter.
A.
Availability and response time. Each towing company must be available
24 hours a day, seven days a week.
B.
All towing companies placed on the towing list shall be available
to respond to a call in accordance with the towing rotation schedule
of on-call status established by the Chief of Police.
C.
All towing companies shall respond to a call in any part of the Borough
of Chatham within 20 minutes during normal business hours between
8:00 a.m. and 5:00 p.m., and 30 minutes during nighttime and weekend
hours, of the original telephone call request by the Borough Police
Department. If a towing company does not respond within the time designated
above, the towing company next on the list shall be called and entitled
to provide services as needed, and the first towing company shall
lose any claim to compensation.
D.
Licensing and registration. All drivers and operators of towing vehicles
shall be properly licensed to operate a motor vehicle within the State
of New Jersey and are subject to driver's license checks by the
Borough Police Department. All towing vehicles shall be properly registered
and inspected in accordance with any applicable law.
E.
Safety. All vehicles must be towed in a safe manner. All towing vehicles
must have an amber light permit and amber emergency warning lights
mounted on the vehicle as to warn approaching traffic of their presence.
The size and location of these lights must conform to New Jersey Division
of Motor Vehicle standards.
F.
Roadside services. All towing companies shall be capable of providing
reasonable roadside services to disabled vehicles. Such services will
only be performed if they can be done so safely, as determined by
the police officer in consultation with the towing company on the
scene.
G.
Rates/fees. All towing companies shall make available a copy of its
basic rates and business practices including business terms, as established
by the Borough of Chatham, as well as a copy of its business card.
If the towing company accepts credit card payments in accordance with
the Predatory Towing Prevention Act, N.J.S.A. 56:13-1 et seq., it
shall prominently post credit card payment regulations and information
in public view in the lobby of its principal place of business.
H.
Records. All towing companies shall keep accurate records of all
motor vehicles towed and stored at the direction of the Borough Police
Department. A copy of such records shall be provided to the Borough
Clerk upon request.
I.
Notification of abandoned or crash vehicles. Towing companies shall
not remove any motor vehicle which has been abandoned or involved
in an accident in any public roadway without first notifying the Borough
Police Department.
J.
Private property; parked and abandoned vehicles. Vehicles parked
or abandoned on private property are the responsibility of the owner
or owner representative. Where a vehicle is abandoned on private property,
the property owner may make a complaint to the police department and
a responding officer may issue a summons. The owner representative
is responsible for having the vehicle removed.
Predatory towing practices are prohibited pursuant to P.L. 2007,
c. 193 and P.L. 2009, c. 39 (A3812/S2567).[1]
A.
While the majority of towing companies in New Jersey are reputable
service providers, some unscrupulous towing companies are engaged
in predatory practices victimizing consumers whose vehicles are parked
on public streets and on private property. Such practices are strictly
prohibited.
B.
Predatory towing practices include charging unwarranted or excessive
fees, particularly in connection with towing vehicles from private
parking lots which do not display any warnings to vehicle owners,
or overcharging consumers for towing services provided under circumstances
where the consumer has no meaningful opportunity to withhold consent.
C.
The legitimate business interests of towing companies and the needs
of private property owners for relief from unauthorized parking must
be balanced with the interest in providing appropriate protection
to consumers.
D.
Therefore, wherever authority exists in the law to regulate towing
and towing companies it is in the public interest to create a coordinated,
comprehensive framework to establish and enforce minimum standards
for tow truck service providers.
E.
It shall be an unlawful practice for any towing company to:
(1)
Fail to provide a schedule of rates/fees.
(2)
Fail to provide a schedule of rates/fees to any person who was not
present at the time the towing services were provided.
(3)
Make, give or cause any undue or unreasonable preference or advantage
or undue or unreasonable prejudice or disadvantage to any person in
any particular locality, with respect to providing towing services.
(4)
Give any benefit or advantage, including a pecuniary benefit, to
any person for providing information about motor vehicles parked for
unauthorized purposes on privately owned property or otherwise in
connection with towing from privately owned property motor vehicles
parked without authorization. Nothing in this section shall preclude
a towing company, acting on behalf of a club or association, from
charging members of the club or association a fee at a rate established
by contract between the towing company and the club or association,
which is lower than that rate specified in the towing company's
schedule on file with the Borough Clerk, provided that membership
to such club or association is generally available to the public.
(5)
Fail, when so requested by the owner or operator of a vehicle subject
to nonconsensual towing, to release a vehicle to the owner or operator
that has been, or is about to be, hooked or lifted but has not actually
been moved or removed from the property when the vehicle owner or
operator returns to the vehicle, or to charge the owner or operator
requesting release of the vehicle more than a decoupling fee.
(6)
Charge any rate/fee, other than those charges established by municipal
ordinance, or the rate/fee specified in the towing company's
schedule on file with the Borough Clerk, or to charge a rate/fee in
an amount or for a service not listed on the schedule on file with
the Borough Clerk at the time. Nothing in this section shall preclude
a towing company, acting on behalf of a club or association, from
charging members of the club or association a rate/fee established
by contract between the towing company and the club or association,
which is lower than the rate/fee specified in the towing company's
schedule on file with the Borough Clerk, provided that membership
in such club or association is generally available to the public.
(7)
Refuse to accept payment in lieu of such as a debit card, charge
card or credit card, if the operator ordinarily accepts such payment
at his place of business. Terms of use for debit, charge and/or credit
cards shall be posted by the towing company in accordance with this
chapter.
[1]
Editor's Note: See N.J.S.A. 56:13-12 and N.J.S.A. 56:13-9,
respectively.
A.
All storage facilities operated or used by the towing companies shall
meet all local zoning and code requirements, and must be located within
the Borough of Chatham.
B.
All storage facilities shall have a business office open to the public
between normal business hours at least five days a week, excluding
holidays.
C.
All outside storage facilities shall be secured and lighted.
D.
A towing company shall not charge a release fee or other charge for
releasing motor vehicles to their owners after normal business hours
or on weekends.
E.
All towing companies shall be responsible for ensuring the proper
and safe storage of all motor vehicles towed pursuant to this chapter,
and shall be liable for any damage incurred by such motor vehicles
while in transit to or while stored in the storage facilities.
Towing companies are required, pursuant to N.J.S.A. 39:4-56.8,
to remove debris surrounding a motor vehicle, or be subject to penalty.
Any towing company under contract to the Borough of Chatham, after
being called to remove a disabled motor vehicle, who fails to remove
from public roads or highways any minor motor vehicle debris or material
within the area surrounding that vehicle, shall be subject to a fine
of not less than $25 nor more than $50 if the debris or material is
likely to cause injury to a person operating a motor vehicle or substantial
damage to another motor vehicle. A towing company is not required
to remove any hazardous debris or material.
A.
All towing services engaged in light-duty towing shall have at least
one rollback truck. Each truck must have a manufacturer's capacity
of at least 10,000 pounds gross vehicle weight and a wheel lift with
a capacity of 4,000 pounds or two tons. Proof of capacity must be
supplied to the Police Department at the time of registration.
B.
All towing services engaged in medium-duty towing shall have one
heavy-duty wrecker with a manufacturer's capacity of not less
than 32,000 pounds gross vehicle weight and a boom capacity of not
less than 25,000 pound rating independently or 25 tons jointly; air
brakes so constructed as to lock rear wheels; and heavy-duty under-reach.
C.
All towing services engaged in heavy-duty recovery shall have two
heavy-duty wreckers with manufacturer's capacity of not less
than 32,000 pounds gross vehicles weight and boom capacity of not
less than 25,000 pounds independently or 24 tons jointly; two power
winches with pulling capacity of not less than 25,000 pounds each;
at least 200 feet of cable at least 9/16 inch diameter on each drum;
double boom to permit splitting, or single boom hydraulically elevated
and extendible with a three-hundred-sixty-degree swivel on the end
of the boom; air brakes so constructed as to lock rear wheels; heavy-duty
under-reach with a twenty-five-thousand-pound rating; two snatch blocks
and two scotch blocks.
D.
All towing vehicles must have radio equipment with a twenty-four-hour
dispatch service or a cellular telephone for the purpose of maintaining
communications with the police department radio desk.
E.
All towing vehicles must be equipped with at least one five-pound
ABC-type fire extinguisher, safety chains, substances for application
to minor liquid spills, and stiff push brooms to clean up debris at
the scene.
F.
Proof of towing vehicle and equipment specifications shall be provided
to the Borough Clerk with the registration application.
G.
All towing vehicles are to conform to all applicable state and federal
laws and shall be subject to inspection by the Borough Police Department
during normal business hours at the time of registration and on an
annual basis thereafter.
Section 256-12 does not apply to impounds.
A.
If a motor vehicle operator or owner wishes to have his vehicle towed
by a particular towing company, their request shall be honored, provided
they are not blocking the roadway, and providing the police officer
in charge at the scene has not already dispatched a towing company,
or the police officer has determined that the motor vehicle in question
will not be removed in an expeditious or safe manner and will jeopardize
public safety, in which case the motor vehicle operator or owner shall
be required to utilize a compensated dispatched towing company.
B.
The owner or operator of any motor vehicle required to be towed or
stored shall have the right to remove all personal items and effects
from the motor vehicle unless the Borough Police Department has placed
a police hold on any such items.
C.
The motor vehicle owner or his representative shall have the right
to take photographs of any stored vehicle for insurance purposes.
D.
Upon request of the motor vehicle owner or his representative, a
towing company shall provide a detailed and itemized bill for all
services rendered.
A.
Junk vehicles. If the vehicle is unclaimed by the owner or other
person having legal right thereto for a period of 15 business days,
the towing contractor shall notify the Chief of Police or his designee
that the vehicle has been held for the statutory time and that the
vehicle is ready for sale. The Borough Clerk shall supply titles for
abandoned junk vehicles in accordance with N.J.S.A. 39:10A-1 and 39:10A-3.
B.
Abandoned vehicles. If the vehicle is unclaimed by the owner or other
person having legal right thereto for a period of 20 business days,
the towing contractor shall notify the Chief of Police or his designee
that the vehicle has been held for the statutory time and that the
vehicle is ready for sale pursuant to N.J.S.A. 39:10A-1 to 39:10A-4.
C.
After the expiration of 20 business days, the Borough Police Department
shall make application for title to the Division of Motor Vehicles.
D.
Sales of all junk and abandoned vehicles shall be conducted in accordance
with the provisions of N.J.S.A. 39:10A-1 et seq.
E.
Proceeds from sale. Proceeds from the sale of junk or abandoned vehicles
shall be used to satisfy any towing or storage charges which may have
accumulated on the subject vehicle. Excess proceeds shall be paid
to the Borough Treasury. If the proceeds are insufficient to cover
the accumulated costs, such excess shall be waived by the towing contractor,
and no further funds will be due from the Borough of Chatham or the
purchaser of the vehicle. This section will be administered in accordance
with N.J.S.A. 39:10A-1 et seq.
F.
Failure to follow statutory procedures. Any operator found to be
disposing of vehicles in violation of this procedure will be charged
with misapplication of entrusted property (N.J.S.A. 2C:21-15) and
will be prohibited from providing service for the Borough of Chatham.
A.
The operator shall always act in a professional manner and at all
times be courteous and respectful toward members of the public, as
well as representatives of the Borough of Chatham.
B.
Repeated reports of discourteous behavior by the operator which can
be substantiated and documented may be considered by the Borough of
Chatham as sufficient cause for removal of the operator from the towing
list.
A.
Fees and rates for the towing and storage of motor vehicles, including
automobiles, trucks and fees for road service set forth in this chapter,
shall be modified by resolution of the Mayor and Borough Council at
the annual reorganization meeting, which rates shall be based on the
usual, customary and reasonable rates of towing companies towing and
storing motor vehicles in the Borough of Chatham.
B.
Fees and rates for the towing and storage of motor vehicles, including
automobiles, trucks and fees for road service, shall be reviewed by
the Chief of Police on an annual basis, and shall be revised, if necessary,
by resolution of the Mayor and Borough Council. The Chief of Police
shall advise all towing companies placed on the towing list of any
such revisions.
C.
The fees and rates set by this chapter, and any subsequent revisions
thereto, shall be submitted to the Division of Consumer Affairs for
review within 90 days of adoption of any resolution establishing the
rates for towing and storage, and shall be made available to the public
during normal business hours of the Borough of Chatham.
All towing companies shall be responsible for collection of
all fees for services rendered. Owners are required to pay in full
all municipally authorized fees and charges to the authorized towing
contractor prior to release of the vehicle consistent with N.J.S.A.
56:13-1 et seq. and N.J.S.A. 2A:44-20.
If a towing company cannot repair the inoperable vehicle to
the satisfaction of the motorist, the towing company shall, with the
motorist's consent, or at the direction of the Borough Police
Department, subject to the provisions of P.L. 2007, c. 194 (N.J.S.A.
56:13-7 et seq.), transport the vehicle to the operator's place
of business or to another mutually agreed upon location. The vehicle,
once repaired, may be retained in the possession of the operator or
other repairer, pending payment pursuant to N.J.S.A. 2A:44-20 et seq.
The operator, if other than the repairer, shall be eligible for reimbursement
for transporting the vehicle to the repair site. If the estimated
cost of repairs exceeds $50, the motorist shall be given a written
estimate of the repair costs before such repairs are made.
Reasonable clean-up fees shall be charged. Towers shall not
charge for any vehicles not actually used in the clean-up effort,
or for any vehicles that are only used to transport recovery workers
to the scene.
[Amended 1-6-2020 by Res.
No. 20-66]
Fees for towing and storage shall be assessed as follows:
|
Tow/recovery
|
Day
|
Night/Weekends/ Holidays
| |
|---|---|---|---|
|
Light-duty:
| |||
|
Tow
|
$125
|
$150
| |
|
Recovery
|
$150
|
$200
| |
|
Medium-duty:
| |||
|
Tow
|
$250
|
$300
| |
|
Recovery
|
$350
|
$450
| |
|
Heavy-duty:
| |||
|
Tow
|
$500
|
$550
| |
|
Recovery
|
$550
|
$600
| |
|
Storage
| |||
|
Light-duty:
| |||
|
Outside
|
$40
| ||
|
Inside
|
$65
| ||
|
Medium-duty:
| |||
|
Outside
|
$90
| ||
|
Inside
|
$250
| ||
|
Heavy-duty:
| |||
|
Outside
|
$100
| ||
|
Inside
|
$300
| ||
|
Trailer
| |||
|
Outside
|
$150
| ||
|
Inside
|
$400
| ||
|
Cargo
| |||
|
Outside
|
No charge (as per job)
| ||
|
Inside
|
No charge (as per job)
| ||
|
Small clean-up
|
$45
| ||
|
Yard charge/tow
|
$65
| ||
|
Road service
| |||
|
Light-duty:
|
$75
|
$100
| |
A.
All violations of this chapter and all complaints by the public or
Borough Police Department against any towing company shall be forwarded
to the Public Safety and Emergency Services Committee.
B.
The Public Safety and Emergency Services Committee, in its discretion,
shall determine if any complaint or violation against a towing company
is of such a serious nature as to warrant a hearing and possible disciplinary
measures.
C.
No adverse action may be taken against a towing company without a
public hearing.
D.
If the Public Safety and Emergency Services Committee decides that
a hearing is required, it shall be upon proper notice to all interested
parties, and a hearing will be conducted at which time all parties
may present evidence. If, after a hearing, the Public Safety and Emergency
Services Committee finds that a towing company has violated any provision
of this chapter, it may, depending on the seriousness of the offense:
(1)
Fine the violating party not more than $1,000.
(2)
Suspend the violating party from the towing list for not more than
three months for a first offense; not more than six months for a second
offense; not more than one year for a third offense.
(3)
Permanently remove the violating party from the towing list for any
violation after its third offense.
