[HISTORY: Adopted by the Mayor and Council
of the Borough of Hamburg 11-5-2001 by Ord. No. 7-2001. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 203.
It is the intention of this chapter to describe
the requirements for the towing by private towing firms of abandoned,
disabled or illegally parked vehicles, stolen vehicles, vehicles involved
in accidents within the Borough of Hamburg, vehicles suspected of
involvement in crimes located within the Borough of Hamburg and other
vehicles identified by the Borough of Hamburg Police Department when
requested by the Police Department of the Borough of Hamburg, New
Jersey.
A.
Towing companies shall agree to provide the Borough
of Hamburg Chief of Police, or his designee, with the following information
prior to being considered for placement and inclusion on a list of
available towing companies to be selected and used on a rotating basis:
Towing companies must provide to the Borough of Hamburg Police Department
a detailed listing of the equipment to be utilized during the term
of any agreement for towing/wrecker services to be executed between
the Borough of Hamburg and towing companies. 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, provided such location is in conformity
with state law, federal law, and local ordinances. Equipment to be
used under this chapter which does not meet these minimum standards
shall not be used during the term of an agreement. The towing companies
will be solely responsible for the safety, maintenance, and operation
of each piece of equipment utilized or required during the term of
an agreement. The rotating list shall not contain more than four towing
companies; provided, however, that all towing companies on the rotation
list at the date of passage of this subsection may continue to provide
services as long as they meet the criteria of this chapter. Towing
companies shall pay an administrative fee of $400 prior to being considered
for inclusion on the list of available towing companies.
[Amended 4-4-2011 by Ord. No. 08-2011; 12-4-2017 by Ord. No. 05-2017; 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
B.
Classification of towing vehicles shall be made using
the following definitions:
(1)
Light duty.
(a)
Commercially manufactured chassis, rated capacity
of not less than 10,000 pounds' GVWR.
(b)
Commercially manufactured lifting apparatus
with a minimum capacity of four tons.
(c)
Universal two sling or wheel lift with System
7 safety chains.
(d)
One snatch block, three-ton rating.
(e)
Proper safety lights.
(f)
Amber rotation emergency flashing light.
(g)
Two floodlights to the rear of the vehicle.
(2)
Heavy duty.
(a)
Commercially manufactured chassis, rated capacity
of not less than 28,000 pounds' GVWR.
(b)
Commercially manufactured lifting apparatus
with a minimum of 25 tons.
(c)
Two snatch blocks, twelve-ton rating.
(d)
Air brake hookup lines.
(e)
Tow sling or tow bar or wheel lift with System
7 safety chains.
(f)
Proper safety lights.
(g)
Two floodlights to the rear of the vehicle.
(3)
Car carrier/rollback.
(a)
Commercially manufactured chassis, rated not
less than 14,500 pounds' GVWR.
(b)
One hydraulically powered winch with a pulling
capacity of not less than four tons.
(c)
Fifty feet of 3/8 cable.
(d)
One snatch block, four-ton capacity.
(e)
Tie down chains.
(f)
Two safety chains to be utilized.
(g)
Amber rotation emergency flashing lights.
C.
Towing companies shall carry on or within each vehicle
four one-gallon containers of Speedi-Dri or an acceptable substitute
for spreading on and around spilled anti-freeze 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 shall later be dissipated
in accordance with hazardous waste disposal regulations by the towing
operator.
D.
Towing companies 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.
E.
To be prepared to carry out the requirements of Subsection D above, each and every towing company vehicle will carry a broom, shovel, and waste receptacle.
F.
Towing companies must insure that all of their employees
and authorized agents follow the instructions and/or orders of the
police officer from the Borough of Hamburg Police Department at towing
scenes.
A.
Each approved towing company shall enter into the
approved form of written agreement to perform services on a yearly
basis in accordance with this chapter in order to be included on the
list of authorized towing companies.
B.
No part of any towing agreement shall be assigned,
leased, sublet, or otherwise disposed of by towing companies, except
with the prior written approval of the Borough of Hamburg Chief of
Police or his designee.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
C.
The towing companies shall agree to provide upon request
current lease agreements for any storage lot/facility used, and towing
companies agree to notify the Borough of Hamburg Police Department
in writing if any of the enclosed items are changed or altered. Failure
to comply with this provision will result in the immediate cancellation
of an agreement.
D.
The Borough of Hamburg Police Department will have
the right to perform a background check of the towing companies' owner(s)
employees, and/or officers, and the conviction of a high misdemeanor
of any such principals will disqualify the towing company and its
employees from eligibility for inclusion on a rotation wrecker list,
unless waived by the Chief of Police.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
E.
The drivers' license numbers, names, dates of birth
of all towing company drivers, the registration numbers of the towing
companies' vehicles to be used and their descriptions and functioning
mechanisms, i.e., rollback, heavy duty, light wrecker, etc., and appropriate
permits, i.e., special lights, shall be provided in accordance with
Title 3.
F.
All vehicles approved for use under this chapter shall
have the name, address, and telephone number of the actual business
displayed on such vehicles in accordance with N.J.S.A. 39:4-46.
G.
The towing companies must be within legal travelling
and response time of 20 minutes upon being dispatched by the Borough
of Hamburg Police Department. Exceptions for unusual traffic conditions
will be recognized. If the towing company does not respond within
20 minutes upon being dispatched by the Borough of Hamburg Police
Department or within a reasonable time after being dispatched if unusual
traffic conditions exist, the Borough of Hamburg Police Department
shall, without notice, have the right to dispatch the next towing
company on the rotating list.
H.
Towing companies shall provide written proof of at
least one year of experience in the towing of vehicles and must abide
by all requirements hereof.
I.
Towing companies must maintain a recordkeeping system
of vehicles towed or stored for four years and, upon the request of
the Chief of Police of the Borough of Hamburg or his designee, make
available such records.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
J.
Towing companies shall prepare an invoice for towing charges for each vehicle towed. The fees charged shall be in accordance with § 197-4.
K.
All drivers for the towing companies shall be a minimum
of 18 years of age or older.
L.
Towing companies agree that the Borough of Hamburg
may make periodic drivers' license checks, registration checks, background
checks, and insurance checks.
M.
Towing companies covenant and agree to comply with
all federal laws, state laws and local ordinances governing operation
of vehicles, towing of vehicles, and storage areas.
A.
The rates applicable to towing services performed
under this section shall be posted in a conspicuous place, at the
towing companies' facilities.
B.
The basic towing and storage fee schedule shall be
as follows:
[Amended 3-3-2003 by Ord. No. 1-2003; 4-4-2011 by Ord. No.
08-2011; 12-4-2017 by Ord. No. 05-2017; 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022; 3-6-2023 by Ord. No. 04-2023]
(5)
Specialized recovery equipment:
(a)
Rotator crane recovery unit: $1,200 per hour.
(b)
Tractor with landoll trailer or detach trailer: $500 per hour.
(c)
Tractor/transport hauler only: $350 per hour.
(d)
Refrigerated trailer with/tractor: $550 per hour.
(e)
Box trailer with/tractor: $500 per hour.
(f)
Air cushion unit: $1,000 per hour.
(g)
Light tower: $250 per hour.
(h)
Pallet jack: $200 flat rate.
(i)
Rollers: $200 flat rate.
(j)
Any other specialized equipment: $300 per hour.
(k)
Loader/backhoe/telescopic/handler/bulldozer/bobcat: $400 per
hour each.
(l)
Forklift: $400 per hour.
(m)
Dump truck/dump trailer with tractor: $400 per hour.
(n)
Roll-off with container: $400 per hour plus disposal.
(o)
Recovery supervisor vehicle: $150 per hour.
(p)
Scenic safety equipment, communication equipment, traffic management
equipment, etc.: $250 per hour each type used.
(q)
Recovery support vehicle/trailer/additional recovery equipment:
$350 per hour.
(6)
Labor (all labor minimum of one hour):
(a)
Accident minor cleanup and disposal of debris: $75 per hour,
one hour minimum, plus absorbent materials used.
(b)
Recovery supervisor and/or Level III recovery specialist: $250
per hour; charge limited to one per incident.
(c)
Certified towing operator: $150 per hour per man.
(d)
Manual laborer: $125 per hour per man.
(7)
Storage, per calendar day (inside rates two times outside rate):
(a)
Cars/light trucks, 10 feet by 20 feet space: $50 per day.
(b)
Trucks (dual wheels), single axle: $125 per day.
(c)
Tractor/dump truck/tractor and trailer combo/trailers: $125
per unit per day.
(d)
Buses: $150 per day.
(e)
Roll-off: $125 per day for each.
(f)
Cargo/accident debris/loan storage/vehicle components 10 feet
by 20 feet space: $50 per space used per day.
(g)
Rental of any tow company supplied trailer post incident: $500
per day.
(8)
Additional services/notes:
(b)
Subcontractor markup: 20%.
(c)
Administrative charge only after third visit to vehicle: $50
(cars only).
(d)
Administration charge (medium/heavy truck): $200.
(e)
After hours release: $85.
(f)
Notification documentation fee: $75.
(g)
Tarping/wrapping vehicle: $90 per car; $250 per truck.
(h)
Fuel surcharge: See chart below.
(9)
Fuel surcharge chart - tow and mileage (cost only):
|
Fuel Cost
|
Fuel Surcharge Percentage
|
|---|---|
|
$2.50
|
0%
|
|
$3.00
|
1%
|
|
$3.50
|
2%
|
|
$4.00
|
3%
|
|
$4.50
|
4%
|
|
$5.00
|
6%
|
|
$6.00
|
7%
|
|
$6.50
|
8%
|
|
$7.00
|
9%
|
|
$7.50
|
10%
|
|
$8.00
|
11%
|
(10)
If the owner of an unattended vehicle to be towed appears on
the scene, and provided that the vehicle does not need to be towed
or impounded, the towing contractor shall make no charge. However,
if the vehicle is hooked up to the towing truck, the vehicle shall
be released at the scene of impound upon the payment of 50% of the
authorized towing charge.
(11)
There shall be no charge for towing storage or impoundment if
it is determined by the Chief of Police or his or her designee that
such vehicles have been towed, stored or impounded due to an error
by the tow truck operator or the Police Department. This determination
shall be at the sole discretion of the Chief of Police or his or her
designee and is binding upon the contractor. The contractor shall
make no claims for payment upon the owner of the vehicle, and if payment
has already been received, the payment shall be returned.
(12)
After the first hour, all hourly billable rates will be charged
in half-hour increments. Charges for all tows are inclusive of the
operator.
C.
Complaints of any kind relative to services, overcharging,
theft of parts, damage to towed or stored vehicles, and the like,
shall be referred to the Chief of Police for investigation. Such violations
or any other violation of this chapter may be cause for imposition
of penalties by the Chief of Police enumerated as follows:
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
D.
In such cases, an appeal may be filed with the Borough
Clerk within 10 business days of the imposition of the penalty. A
hearing may be held by the Borough of Hamburg Mayor and Council within
30 days of the filing of such an appeal. The Borough of Hamburg Mayor
and Council shall render its determination within 30 days following
the conclusion of the hearing. The governing body's decision shall
be final and conclusive.
A.
The Borough of Hamburg Police Department will not
be responsible for any charges due or owing towing companies, nor
will it assist the towing companies in collecting any charges. Specifically,
the Borough will not be responsible to reimburse towing companies
for towing services in connection with towing of vehicles which are
abandoned or disabled, or from which towing companies are unable to
obtain towing services fees from vehicle owners in accordance with
N.J.S.A. 39:4-56. However, the Borough will make good faith efforts
to auction abandoned vehicles and other vehicles for which towing
companies have not received payment for services under any agreement,
consistent with appropriate state law. In the event that an auction
occurs on such vehicles and money is received, the towing companies
shall be paid their towing fee for such vehicles from the proceeds
of the auction; provided that the amount received at auction is equal
to or greater than the towing fees due. If that is not the case, towing
companies shall receive the auction proceeds and the Borough of Hamburg
shall have no obligation to pay towing companies any difference due
in accordance with N.J.S.A. 39:10A-5.
A.
The towing companies grant the Borough of Hamburg
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 of the towing companies.
B.
All towing companies are prohibited from piling stored
vehicles or parking towed vehicles on public streets and sidewalks.
C.
The Borough of Hamburg reserves the right during an
emergency to designate temporary areas owned or leased by the Borough
for storage of disabled vehicles in said area at the direction of
the Chief of Police or his designee.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
In all dealings with the public in connection
with their agreements, representatives of the towing companies are
expected to act in a professional manner at all times and be courteous
and 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 are expected to exercise
restraint and shall not respond in kind, thereby causing an unfavorable
reflection of their business. If such circumstances occur, the Borough
of Hamburg Police Department should be contacted to keep the peace.
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 company and the owner of the vehicle.
Belongings removed after the vehicle is stored will be so noted on
the Hamburg Police Department impound form with date, time and initials
of owner and tow company representative.
A.
Towing companies shall be responsible for any damage
occasioned to utility poles, guide wires, telephone lines, etc., damaged
in their recovery of vehicles.
B.
Towing companies will indemnify and hold the Borough
of Hamburg harmless from any and all claims for personal injury or
property damage against the Borough of Hamburg arising out of the
operation of the towing services or repair services performed under
their respective agreements. Towing companies will further defend
the Borough of Hamburg at the expense of the towing companies, 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.
C.
Towing companies further agree to indemnify and hold
the Borough of Hamburg harmless for any damages or losses sustained
to any vehicle or its contents while such vehicle is in the possession
of or under the control of a specific towing company; said indemnification
shall include but not be limited to the defense of all law suits relating
to the towing of any vehicle by any party, the payment of any judgments
relating therefrom against the Borough, and the cost of the suit,
including investigation costs.
A.
Insurance coverage shall indemnify the Borough of
Hamburg and the public against any loss due to injuries, accidents,
or damages of any character whatsoever where such damage is the result
of an act or omission on the part of towing companies, their agents
or employees, in or due to the execution of the work called for under
the respective agreements between the Borough of Hamburg and towing
companies.
B.
On all liability policies required of towing companies,
the Borough of Hamburg shall be named as an additional insured, and
insurance certificates shall indicate such coverage.
C.
All insurance required shall contain a clause indicating
that the Borough of Hamburg Police Department, 9 Orchard Street, Hamburg,
New Jersey 07419, shall be notified of any changes, cancellations,
etc.
D.
Towing companies are required to purchase and maintain
comprehensive general liability insurance, comprehensive automobile
liability insurance, and workers' 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 not be less than $500,000 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 not be less than $500,000 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)
Workers' compensation insurance. Statutory coverage
including liability coverage with a limit of at least $100,000. Excess
umbrellas in the amount of $1,000,000 giving protection in excess
of $500,000; general and automobile liability coverage.
E.
The towing company must maintain at all times available
space either within the Borough of Hamburg or within an eight-mile
radius of the Borough of Hamburg for properly accommodating and protecting
all motor vehicles towed in accordance with this chapter.
[Amended 3-6-2023 by Ord. No. 04-2023]
F.
An applicant for a towing license shall pay an application
fee of $100 prior to the issuance of a license and shall also pay
an administrative fee of $200 per year, with the first payment due
on the day of issuance of the license, and subsequent payments shall
be made on January 1 of each and every year that the towing company
holds the license.
[Amended 4-4-2011 by Ord. No. 08-2011]
