[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin 5-23-2023 by Ord. No. 05-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 248, Towing, adopted 4-12-2005 by Ord. No. 6-2022. This
ordinance also retitled the Chapter from "Towing" to "Towing Services."
A.
Interested towing companies may submit information to provide towing
services to the Franklin Borough Chief of Police for consideration.
Each towing contractor must be able to meet the following conditions:
(1)
All towing contractors selected to serve on a rotational basis must
guarantee the availability of all services to Franklin Borough seven
days a week, 24 hours a day, including all holidays. In this respect,
a towing contractor shall immediately respond to any type of towing
emergency road service or storage call with the appropriate vehicle
and/or equipment within 20 minutes after receipt of telephone notification
from the Police Department's dispatcher or police officer. Unless
heavy or unusual traffic conditions or inclement weather within the
Borough prevent a towing operator from arriving at the scene within
20 minutes, failure to respond within the time frame shall be considered
a default. In the event that a towing operator fails to respond within
20 minutes from the time of the call, the Police Department reserves
the right to contact the next available towing operator on the rotational
list and utilize its services.
(2)
Towing contractors must have appropriate personnel available to release
a towed vehicle to its owner at a minimum of Monday through Friday,
except holidays, from 8:00 a.m. to 5:00 p.m. subject to the appropriate
authorization of the Franklin Borough Police Department.
(3)
All towing contractors must comply with all terms of this section,
including the hold harmless and insurance requirements.
(4)
In times of emergencies and/or natural disasters, Franklin Borough
reserves the right to contact other towing service operators who may
not be on the rotational list.
(5)
The owner of a vehicle involved in an accident shall have the right,
if he/she so desires, to designate a towing operator of his/her choice
as long as public safety needs do not dictate otherwise.
(6)
Employees of the towing contractor, in responding to a call, shall
request and be afforded police assistance during the course of providing
towing, emergency road services or removal of abandoned or accident
vehicles when such employees find it necessary to turn around, back
up, tow in the opposite direction of traffic or cross the median.
(7)
A towing contractor shall not permit a vehicle to be removed from
the site of a vehicular accident, the scene of a crime or any other
instance or situation without the prior approval and permission of
a police officer and/or superior at the scene.
B.
Towing contractors shall agree to comply with the following requirements
to be eligible for placement and inclusion on the towing contractors
rotational list:
(1)
Once a towing contractor is approved for the rotational list, the
approval shall not be assignable.
(2)
The towing contractor shall agree to provide upon request current
lease agreements for any storage lot/facility used.
(3)
The Franklin Borough Police Department will have the right to perform
a background check of the towing contractor owner(s), employees, and/or
officers.
(4)
The drivers' license numbers, names, dates of birth of all towing
contractor drivers; the registration numbers of the towing contractor's
vehicles to be used, their descriptions and functioning mechanisms
(i.e., rollback, heavy duty, light wrecker, etc.) and appropriate
permits (i.e., special lights) shall be provided.
(5)
The towing contractor must be within legal traveling and response
time of 20 minutes upon being dispatched by the Franklin Borough Police
Department.
(6)
Towing contractors shall have at least three years of experience
in the towing of vehicles.
(7)
It shall be the responsibility of all towing contractors to provide
all motorists utilizing the towing operator's services with a
written schedule of fees which lists in full all fees to be charged
for towing, storage and road service within Franklin Borough. Towing
contractors shall prepare an invoice for towing charges of each vehicle
towed.
(8)
Records of towing contractors pertaining to towing vehicles within
Franklin Borough shall be maintained and available upon request to
the Franklin Borough Police Department for a period of four years.
(9)
Towing contractor covenants and agrees to comply with all federal
laws, state laws and local ordinances governing operation of vehicles,
towing of vehicles, and storage areas.
(10)
Complaints of any kind relative to service, overcharging, theft
of parts, damage to towed or stored vehicles and the like shall be
referred to the Chief of Police for investigation.
C.
Towing contractors must provide the Franklin Borough Police Department
a detailed listing of the equipment to be utilized for towing services
in Franklin Borough. The listing shall include the following information:
type of vehicle(s), storage location for vehicle(s), and whether vehicle(s)
is owned or leased. All leased and rented equipment must be permanently
located at the contractor's place of business or residence if
in conformity with state law, federal law and local ordinances. Each
piece of equipment must meet the minimum standards set forth herein.
Equipment which does not meet these minimum standards shall not be
used during the term of an agreement. The towing contractor will be
solely responsible for the safety, maintenance and operation of each
piece of equipment utilized or required during the term of an agreement.
D.
The classification of towing vehicles is as follows:
(1)
Light-duty tow truck: Used to tow and recover small light-duty vehicles
up to 10,000 pounds.
(2)
Medium-duty tow truck: Used to tow and recover small commercial type
vehicles up to 26,000 pounds or light-duty vehicles unable to be recovered
with light-duty tow truck or flatbed.
(4)
Hydraulic flatbed car carrier: Commercial motor vehicle designed
exclusively to transport motor vehicles by means of bodily winching
motor vehicles from roadway level up onto hydraulic bed for transporting
purposes.
E.
Towing companies shall also agree to the following requirements to
be considered for inclusion on the towing contractors rotational list:
(1)
Towing contractors shall carry on or within each vehicle containers
of Speedi-Dri or an acceptable absorbent substitute for spreading
on and around spilled antifreeze or other automobile fluids at the
scene to safeguard against slippery road conditions for police and
first aid vehicles, passing vehicles and similar vehicles. The Speedi-Dri
or an acceptable substitute will later be dissipated in accordance
with hazardous waste disposal regulations. In the event that the towing
contractor does not do so and the Borough has to undertake cleanup
of the spill then it will bill the towing contractor for the costs
associated with same.
(2)
Towing contractors shall be responsible for cleanup of all broken
glass and debris at the scene of accidents or when called to a scene
in accordance with N.J.S.A. 39:4-56.8. Each and every towing contractor
vehicle will carry a broom and shovel.
(3)
Towing contractors must ensure that all of their authorized agents
agree to follow the instructions and/or orders of the police officer
from the Franklin Borough Police Department at towing scenes.
It shall be the Chief of Police or his/her designee's responsibility
to establish a towing contractors' rotating service list. The
Police Department shall call the towing operators in sequential order
as set forth by the Chief or his designee so that each towing operator
will be given the opportunity to respond to individual calls as received
by the Borough. The Police Department shall have the right to call
the next towing contractor on the list should a towing contractor
fail to respond to a call within 20 minutes or if the first operator
called cannot be reached by telephone or advises that he/she is unable
to respond. The towing contractor shall provide a valid and working
afterhours contact number as well as any alternate numbers to be contacted.
A.
When a towing company is denied being added to the rotating list
by Franklin Borough, the towing company may request a hearing by the
service of a notice requesting a hearing. Said notice shall be served
on the Franklin Borough Clerk and prior to at the next regularly scheduled
meeting of the governing body after the action regarding the application.
A hearing date shall be set which shall be no less than seven days
or more than 30 days from the date that the governing body met.
B.
Proceedings for the suspension or revocation of a towing company
from the Borough rotating list shall be initiated by the service of
a notice of charges proffered against the towing contractor. Said
notice shall be served by the Chief of Police or his/her designee,
either personally or via certified mail, return receipt requested,
and shall contain a date, time and place for a hearing to be held
by the governing body of Franklin Borough. Said hearing shall be scheduled
no less than seven days nor more than 30 days after the notice of
the proposed suspension or renovation shall be served upon the towing
company. The towing company shall have the right to file an answer
to the notice and to appear in person, or be represented by counsel,
and give testimony at the place and time fixed for the hearing.
A.
The rates of towing contractors within Franklin Borough shall be
in compliance with those rates established by the Garden State Towing
Association, www.gsta.org, and rates are subject to the following
requirements:
(1)
The rates applicable to towing services performed under the guidelines
of the State of New Jersey shall be posted in a conspicuous place,
visible to the public, at the towing contractor's facilities.
(2)
Agencies engaged in towing for the Franklin Police Department shall
not charge a fee in excess of the following enumerated rates:
F.
Specialized recovery equipment:
(1)
Rotator/crane recovery unit: $1,200 per hour.
(2)
Tractor with landoll trailer or detached trailer: $500 per hour.
(3)
Tractor/transport hauler only: $350 per hour.
(4)
Refrigerated trailer with tractor: $550 per hour.
(5)
Box trailer with tractor: $500 per hour.
(6)
Air cushion unit: $1,000 per hour.
(7)
Light tower: $250 per hour.
(8)
Pallet jack: $200 per hour.
(9)
Rollers: $200 per hour.
(10)
Any other specialized equipment: $300 per hour.
(11)
Loader/backhoe/bulldozer/bobcat/telescopic: $400 per hour.
(12)
Forklift: $400 per hour.
(13)
Dump truck/dump trailer with tractor: $400 per hour.
(14)
Roll-off with container: $400 per hour, plus disposal.
(15)
Recovery supervisory vehicle: $150 per hour.
(16)
Scene safety equipment: $250 per hour, each type used.
(17)
Recovery support vehicle/trailer: $350 per hour.
G.
Labor: all labor charged a minimum of one hour.
(1)
Accidental minor cleanup and disposal of debris: $75 per hour minimum,
plus material used.
(2)
Recovery Supervisor and/or Level III Recovery Specialist: $250 per
hour (limited to one charge per incident).
(3)
Certified towing operator: $150 per hour, per person.
(4)
Manual laborers: $125 per hour, per person.
H.
Storage: Per calendar day, inside rates 2x (two times) outside rates.
(1)
Cars/light - 10 feet by 20 feet Space: $50 per day.
(2)
Trucks (dual wheels)/single axle: $125 per day.
(3)
Tractor/dump truck/tractor and tailer combo: $125 per unit, per day.
(4)
Buses: $150 per day.
(5)
Roll-off: $125 per day.
(6)
Cargo/accident debris/load storage/vehicle components 10 feet by
20 feet space: $50 per day.
(7)
Rental of any tow company-supplied trailer, post incident: $500 per
day.
I.
Additional services notes:
(1)
Fuel/Hazmat/Cargo spills/Cleanup and disposal: Time and Material.
(2)
Hazmat and trash recovery: Surcharge 10%.
(3)
Subcontractor mark-up: 20%.
(4)
Administrative charge (after 3rd visit): $50, cars only.
(5)
Administrative charge: $200, medium/heavy truck.
(6)
After-hour release: $85.
(7)
Notification documentation fee: $75.
(8)
Tarping/wrapping vehicle: $90 per car, $250 per truck.
(9)
Fuel surcharge: Reserved for future need.
A.
The Franklin Borough Police Department will not be responsible for
any charges due or owing to towing contractors except for the towing
of Borough vehicles, nor will it assist the towing contractors in
collecting any charges. Specifically, the Borough will not be responsible
to reimburse towing contractors for towing services in connection
with towing of vehicles which are abandoned or disabled, or from which
towing contractors are unable to obtain towing service fees from vehicle
owners.
B.
In cases where the Franklin Borough Police Department mistakenly
directed that a vehicle be towed or has acted on incorrect information
furnished by other official sources, the towing contractor may be
reimbursed by Franklin Borough for minimum towing fees only.
C.
In the event the Police Department requires a vehicle involved in
a crime or a fatal accident to be held for investigation, the Chief
of Police may, after review of all the circumstances, require waiver
of storage fees, or a portion thereof, incurred up to the date of
release.
A.
The towing contractors grant the Franklin Borough Police Department
the right to inspect the proposed vehicle impound area at any time
chosen by the Police Department without prior notice to or acceptance
by the towing contractors.
B.
The Franklin Borough Police Department shall have access to any part
of the impound area at any time, day or night, for the purpose of
inspection and/or investigation. This shall include indoor and outdoor
areas.
C.
The storage facility must be capable of storing a minimum of 10 automobiles
and one tractor and trailer. There must be at least 800 square feet
available to hold vehicles impounded by the Police Department.
D.
The storage facility must be within the limits of the Borough or
within a contiguous municipality so as to facilitate reasonable towing
distances.
E.
The storage facility must be fully enclosed by a sturdy fence having
a minimum height of six feet with at least one lockable gate for ingress
and egress.
F.
The storage facility must be lighted from dusk until dawn.
G.
The tow contractor is responsible for ensuring the proper and safe
storage of all vehicles towed pursuant to this chapter. The tow contractor
is liable for any damage to such vehicles while in transit or while
stored at the storage facility.
In all dealings with the public in connection with an agreement,
representatives of the towing contractor are expected to act in a
professional manner at all times and be courteous and respectful to
members of the public. While members of the public, especially those
whose vehicles may have been towed or impounded, may at times resort
to strong language, threats or unbecoming behavior that may be directed
to the representatives of the towing contractors, such towing contractor
representatives are expected to exercise restraint and shall not respond
in kind, thereby causing an unfavorable reflection on their business.
If such instances occur, the Franklin Borough Police Department should
be contacted to keep the peace and provide advice on legal proceedings,
if requested.
The owner of any vehicle towed shall have the right to remove
personal property belonging to him from the stored vehicle unless
a "police hold" is marked on the towing form upon mutual agreement
of the towing contractor and the owner of the vehicle.
Towing contractors will indemnify and hold Franklin Borough
harmless from any and all claims for personal injury or property damage
against Franklin Borough arising out of the operation of any towing
services or repair services performed under their respective agreements.
Towing contractors will further defend Franklin Borough at the expense
of the towing contractors in connection with any claim, demand, suit
or action brought against the Borough and arising out of the operation
of any towing, garage or repair services under any agreement. Said
indemnification shall include but not be limited to the defense of
all lawsuits relating to the towing of any vehicle by any party, the
payment of any judgments relating thereto against the Borough, and
the cost of the suit, including investigation costs.
Each towing contractor shall provide proof of insurance to Franklin
Borough as follows:
A.
On all liability policies required of towing contractors, Franklin
Borough shall be named as an additional insured, and insurance certificates
shall indicate such coverage.
B.
All insurance required shall contain a clause indicating that the
Franklin Borough Police Department at 46 Main Street, Franklin, New
Jersey shall be notified of any changes, cancellations, etc.
C.
Towing contractors are required to purchase and maintain comprehensive
general liability insurance, comprehensive automobile liability insurance,
and worker's compensation insurance with limits of not less than
those set forth below. Failure to provide and continue in force such
insurance as required below shall be deemed a material breach of agreement
and shall result in immediate termination of any agreement for towing
services.
(1)
Comprehensive general liability insurance. The limits of liability
shall be not less than $1,000,000 for combined single limits (bodily
injury and property damage) per occurrence and aggregate, including
premises, operations and products/completed operations.
(2)
Automobile liability insurance. The limits of liability shall be
not less than $1,000,000 for 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)
Worker's compensation insurance. Statutory coverage including
liability coverage with a limit of at least $500,000.
