[HISTORY: Adopted by the Borough Council of the Borough of
Medford Lakes 7-22-2009 by Ord. No. 567. Amendments noted where
applicable.]
A.
ABANDONED VEHICLE
BOROUGH
DISABLED VEHICLE
PERSON
TOWER
TOWING
VEHICLE
WAITING TIME
WINCHING SERVICE
For the purposes of this chapter, the following terms, phrases and
words shall have the meanings given herein:
Any vehicle which has been left on or along any highway or
other public property or on private property without consent of the
owner or person in charge of the private property for a period of
more than 48 hours or for any period without current license plates.
The Borough of Medford Lakes.
Any vehicle located on or along any public right-of-way,
not in operation, and with no owner visible, and not legally parked
will constitute an inoperable vehicle.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A person engaged in the business or offering the services
of a vehicle tower or towing service whereby abandoned and/or disabled
vehicles are towed or otherwise removed from the places where they
are disabled, impounded or abandoned by use of a tower or truck so
designed for that purpose.
Hoisting, lifting, removal, hauling and transportation of
any type of vehicle of any size from the highways, streets and roads
located within the Borough of Medford Lakes or any other highway,
street, or road within the State of New Jersey.
Any motor vehicle of any type or size, including, but not
limited to passenger vehicles, trucks, trailers and other heavy vehicles
and equipment.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to Fire/EMS services
which must be performed and/or police investigations.
Any operation in which a vehicle is moved onto a roadway
from a position off the roadway, or any other operation whereby a
vehicle is moved by the use of a cable from a position that is not
accessible for a direct hook up by conventional means for loading
onto a tow vehicle. Winching is not pulling a vehicle onto a tilt
bed carrier or lifting a motor vehicle with a conventional tow sling.
B.
When not consistent with the context, words used in the present tense
include the future; words in the plural number include the singular
number; and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
A.
Generally, the governing body of the Borough, at the beginning of
each period, shall appoint towers to be called by the Police Department
on a next-available basis. The Police Department shall maintain a
rotation list of towers authorized and appointed under the terms of
this chapter. A fee, set by resolution, shall be paid to the Municipal
Treasurer by each tower so authorized. The appointment shall be made
after the submission of an application as hereinafter set forth, and
the review and recommendation of the same by the Chief of Police,
said appointment to be made by the Borough Manager. Any tower receiving
appointment shall be placed on the rotation list, which shall entitle
the tower(s) to be called by the Police Department on a rotation basis,
as the next available tower. In the event that the next tower on the
rotation list is unavailable, then the next tower on the list shall
be called. Tower(s) wishing to reapply at the end of their three year
appointment will be required to complete the application process to
include a fee, set by resolution, and submitted to the Borough, if
appointed. Applications for the next appointment shall be received
no later than 90 days prior to expiration of the then existing appointment.
B.
Application process. Any person interested in being placed on the
aforementioned rotation list shall submit an application on a form
to be prepared by the Borough Manager or his/her designee, said form
to contain at a minimum the information specified herein. The applicant
shall provide, at a minimum, the following information:
(1)
List of required equipment and proof of ownership.
(2)
Experience of applicant with references.
(3)
Available personnel (employees).
(4)
Proper business and trade licenses and licenses of vehicles.
(5)
Tow trucks having two-way radio/cellular telephone capability with
a dispatching center on a twenty-four-hour basis.
(6)
Storage location setting forth capacity, contractor responsible for
safe storage area location, proof of ownership or lease of storage
area along with a survey certifying the square footage within the
surveyed area.
(7)
Insurance and proofs of required coverage.
(8)
List of stockholders.
(9)
Noncollusion affidavit.
(10)
Affirmative action affidavit.
(11)
Hold-harmless agreement.
(12)
Certification that the applicant is able to provide towing services
anywhere in the Borough in accordance with the response time established
within this chapter.
(13)
Certification that the applicant will be available to provide
service on a twenty-four-hour-per-day, seven-day-per-week basis, and
will abide by the fees set forth in this chapter.
(14)
Certification that the applicant shall consent to the appointment
of the Borough 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.
C.
Review of application. The Chief of Police shall conduct a background
check of the applicant and any employees to be utilized in the towing
and storage operation. The background check is to determine if either
the applicant or its employees have been convicted of a criminal offense
or have had their driver's license suspended or revoked in the past
year. Conviction of a criminal offense or suspension of a driver's
license within the past year shall be cause for the disqualification
from being appointed to provide towing and impound services. The Chief
of Police, or his designee, shall conduct an inspection of the employees,
vehicles, equipment and storage area proposed to be utilized by the
applicant to verify the accuracy of the information contained in the
application, and to determine compliance with the applicable laws,
regulations and standards of performance required by this chapter.
The Borough shall, at the cost of the applicant, obtain a better Business
Service Bureau report, and any other reports that the Borough Manager
may deem necessary. After a thorough investigation, the Chief of Police
shall recommend to the Borough Manager whether an applicant should
be appointed to provide towing service to the Borough of Medford Lakes
in accordance with the terms and conditions of this chapter.
D.
Independent contract. By submission of the fee and application, the
tower agrees that all personnel and equipment used shall be and remain
the property of the tower, and in no event shall the property or any
employee of the tower be represented or considered belonging to or
employed by the Borough of Medford Lakes. The tower is in no way or
sense an agent or employee of the Borough of Medford Lakes.
E.
Hold harmless agreement; liability.
(1)
The tower, by submission of the fee and application, agrees to assume
the defense of and indemnity and hold harmless the Borough, its elected
officials, boards, commissions, officers, employees and agents from
all suits, actions, damages or claims to which the Borough may be
subjected, of any kind or nature whatsoever, resulting from, caused
by, arising out of or as a consequence of the provisions of providing
the services required by this chapter. Prior to providing the towing
services, the tower shall execute the appropriate hold harmless clause.
(2)
The owner of the garage or the parking or storage location shall
also agree to indemnify and hold harmless the Borough and its officers,
employees and agents from any and all suits and actions, damages or
claims arising out of the performance of the duties specified in this
chapter.
(3)
The Borough of Medford Lakes shall not be liable for any services
whatsoever, which may be rendered to motor vehicles, and the tower
shall only seek payment from the driver, and/or owner of such vehicles
for compensation.
F.
Borough Manager`s decision. The Chief of Police shall conduct the
aforementioned review and investigation, and render a report to the
Borough Manager recommending either approval or denial of the application.
The Borough Manager shall then take action with regard to appoint
vendor(s) for towing and impound services. Written notice of the approval
or denial of the application shall be provided to the applicant within
seven days of the decision of the Borough Manager.
The following general requirements shall apply to all towers
and towing operations acting on behalf of the Borough of Medford Lakes:
A.
Equipment. The tower shall have sufficient equipment (either owned
or by subcontract) to tow any size vehicle utilizing the highways,
streets and roads in the Borough of Medford Lakes. The minimum requirements
are one heavy-duty large-capacity wrecker, minimum of twenty-five-ton
capacity, one medium-duty wrecker, minimum of ten-ton capacity, and
two light-duty wreckers, one of which must be a flatbed, minimum four-ton
capacity. The specifications are as follows:
(1)
Heavy-duty:
(a)
Minimum of twenty-five-ton capacity.
(b)
Air brakes.
(c)
Minimum 1,000 by 20 tires with dual rear wheels.
(d)
Air fittings for releasing air pressure lock brakes on dump
trucks and tractor trailers.
(e)
Under-reach capabilities.
(f)
All required ICC safety equipment must be carried.
(g)
Must meet all federal, and New Jersey Division of Motor Vehicle
requirements.
(h)
Portable safety lighting to be installed on the rear of the
towed vehicle.
(i)
Off-side truck winching.
(2)
Medium-duty:
(a)
Minimum of ten-ton capacity.
(b)
Minimum 1,000 by 20 tires with dual wheels.
(c)
Chassis requirements should be 10 ton`s gross weight.
(d)
Steering wheel lock for towing vehicles from the rear.
(e)
Wheel lift and under-reach capacity.
(f)
All ICC safety equipment must be carried.
(g)
Must meet all federal and New Jersey Division of Motor Vehicle
requirements.
(3)
Light duty:
(a)
Minimum of four-ton capacity
(b)
Chassis requirements should be 10,000 pounds gross vehicle weight
and dual rear tires.
(c)
Steering lock on each wrecker for towing vehicles from the rear.
(d)
Tow sling-type bar, rubber strap, to lift the car so that no
part of metal touches the car.
(e)
One wrecker must be of flatbed capability.
(f)
All ICC safety equipment must be carried.
(g)
Must meet all federal, and New Jersey Division of Motor Vehicle
requirements.
B.
At the time of the submission of the application, the tower shall
submit proof satisfactory to the Borough and the Police Department
of ownership of the aforementioned vehicles. Adequate proof shall
be proof of ownership by recorded title of the required number of
vehicles necessary to meet the chapter requirements or executed lease/rental
agreement for the equipment required extending six months beyond the
length of the contract. Failure to submit the aforementioned satisfactory
proof shall result in the disqualification of the tower.
C.
Employees.
(1)
The tower shall have sufficient number of employees available to
comply with the minimal operational requirements of this chapter.
The tower shall indicate in his application the number of employees
on call and available to respond 24 hours a day, seven days per week.
(2)
The tower shall submit with the application to the Borough the names
and addresses of all proposed drivers and employees who will be rendering
service under this contract on behalf of the tower. This information
is to be kept current with the Borough by the tower.
(3)
All operators of the tower's equipment providing services required
by this chapter shall be over the age of 18 and must have a valid,
current, driver`s license.
(4)
No person shall be utilized by the tower to provide services required
by this chapter for the Borough unless the Borough has obtained a
record check and has been approved by the Chief of Police. The Chief
of Police may reject the services of an employee of the tower for
the following reasons:
(a)
Conviction of any crime of the first or second degree.
(b)
Conviction of any crime involving the use of a firearm.
(c)
Conviction of any crime involving the manufacture/distribution
of any controlled dangerous substance.
(d)
Conviction of any crime or offense which subjects the employee
to the provisions of Megan`s Law.
(e)
Conviction within the last five years for driving under the
influence of intoxicating beverages or drugs.
(5)
No employee of the tower shall perform services unless previously
listed by the contractor to the Borough.
D.
Availability; response time. The tower shall be available 24 hours
a day, seven days a week for use of the Borough at the direction of
the authorized representatives of the Police Department as per the
rotation requirements herein. The rotation list shall be as a result
of the receipt and review of the approval of the aforementioned applications.
In the event that none of the towers set forth on the rotation list
are available or are available to provide the appropriate services
requested by the Borough, or, if an emergency exists, the Borough
may request such services from any other available source. During
adverse weather conditions, heavy traffic conditions or emergency
conditions, the tower set forth on the rotation list shall give priority
to requests from the Borough over any other request which may be received
by the tower. Notwithstanding the establishment of a rotation list,
no tower shall be called until the Chief of Police or his designee
has ascertained that the following requirements have been met:
(1)
The insurance policies, as required, have been procured and supplied.
(2)
No towed vehicle may be parked upon the public street but shall be
stored by the tower within the storage area as hereinafter defined.
(3)
The tower must provide access to the storage area to the Police Department
as needed on a twenty-four-hour-a-day basis.
(4)
The storage area shall accept all types of vehicles and be able to
hold at least 25 vehicles.
(5)
The entire land area shall be enclosed by a fence of sturdy construction
of at least six feet in height, and shall be secured with lighting.
(6)
The land used for storage is to be level and clear from all debris
and must be clearly marked.
(7)
The storage area shall be used for the storage of vehicles awaiting
a claimant or proper disposition. The land shall not be used for storage
of vehicles owned by the tower even if the tower purchases same at
an auction held on his premises. Vehicles purchased by the tower at
an auction held at the towers storage facility must be removed within
the time frame specified on the advertisement.
(8)
The tower shall be responsible for each vehicle and its contents
in the tower`s possession until final disposition and removal as ordered
by the Borough. All vehicles, regardless of condition, shall be stored
singly and so arranged to permit inspection and subsequent removal.
Adequate walkway inspection space shall be provided at all times.
E.
Violations.
(1)
If a tower is in violation of any terms of this chapter, the Chief
of Police shall notify the Borough Manager and the Borough Manager
shall notify the tower in writing. If the violation is not corrected
within 48 hours of the receipt of said written notice, the Borough
Manager, upon recommendation of the Chief of Police, shall terminate
the tower services and remove said tower from the rotation list. Adequate
grounds for termination of services shall include but are not limited
to a violation of the terms of this chapter, fraudulent or inaccurate
application information, unsatisfactory service, billing irregularities,
or the violation of any New Jersey statute or regulation.
(2)
Complaints of any kind relative to service, overcharging, theft of
parts, damage to towed or stored vehicles, discourteous treatment
and the like shall be referred to the Chief of Police for investigation
and recommendation to the Borough Manager, if necessary. Such complaints
may be cause for termination of the tower`s services and removal from
the rotation list by the Borough Manager.
F.
Records, inspection; release of vehicle. The tower shall maintain
a record of all vehicles towed, stored and released by him pursuant
to this chapter. Records shall be kept for a seven-year period. The
tower shall maintain a record provided by the police of all property
found anywhere in a towed vehicle, including the trunk and glove compartment,
if opened, or if a key is available, and the tower shall be responsible
to safeguard and release the vehicle and the contents left with the
vehicle to the owner.
(1)
The tower is to notify the Chief of Police or his designee once a
vehicle is towed, pursuant to this chapter, and has been in the tower`s
possession for a period of seven calendar days.
(2)
The tower shall not release vehicles towed pursuant to this chapter,
without the claimant first obtaining a release from the Police Department.
In addition, the tower shall notify the Chief of Police, or his designee,
of the release of a vehicle towed pursuant to this chapter within
24 hours.
(3)
Only the Chief of Police or his designee shall have access to any
part of the storage area at any time of the day or night for inspection
purposes, including both indoor and outdoor areas. Authorized representatives
of the Police Department or the Borough Manager or their designees
shall have access to any of the records required to be kept by the
tower. Access to these records shall be provided to the Chief of Police,
Borough Manager, or their designees, upon their request during normal
business hours.
(4)
The service, equipment and personnel of the tower are subject to
inspection and approval by the Borough. The Borough reserves the right
to have a qualified person or agency make such inspections.
G.
Disputes and adjustments.
(1)
Any disputes over the interpretation of this chapter, including the
reasonableness of any fees assessed, shall be settled amicably, if
possible through negotiations between the tower, the Police Department
and the Borough Manager.
(2)
In cases where the Borough has been at fault in wrongfully directing
that a vehicle be towed, the tower may petition the Borough Manager
for reimbursement of costs incurred in the towing and storage of said
vehicle.
H.
Standby service.
(1)
In addition to the service requirements of this chapter, the tower
shall be required to furnish extra towing equipment and service during
storm periods, periods of snow emergencies, traffic emergencies, disasters,
any acts of God, and for any other reason when so designated by the
Borough Manager, the Chief of Police, or their authorized representatives.
During such periods, which are herein referred to as "standby service
periods," the tower shall be required to furnish adequate equipment
and service to be held ready to remove all types of vehicles.
(2)
Standby service will begin when the Chief of Police or his authorized
designee calls the tower initially, and will end when he terminates
the standby status by calling the tower.
(3)
The Borough reserves the right, during any emergency, to designate
temporary areas owned or leased by the Borough for the storage of
disabled vehicles in said area at the direction of the Chief of Police
or his designee.
A.
Removal. Vehicles shall be removed as follows:
(1)
Abandoned vehicles.
(a)
Abandoned vehicles, as defined in Title 39 of the New Jersey
Revised Statutes, shall be removed under the direction and supervision
of the Police Department on a twenty-four-hour-a-day basis. All calls
with respect thereto shall be answered within 20 minutes from the
time of notification under normal conditions seven days a week, anywhere
within Borough limits, unless the Police Department determines it
is not a threat to vehicle traffic, or persons and could be removed
during regular business hours. Abandoned vehicles shall be towed without
charge to the Borough to the aforementioned required storage area,
and stored thereon for no longer than 90 days without any charges
or liens accruing against the Borough. Abandoned vehicles remaining
after 90 days may be removed from the secured area, provided that
a junk title has been applied for pursuant to the provisions of Title
39.
(b)
The tower may be penalized, at a cost set by resolution, per
day for each abandoned vehicle not removed and towed within a reasonable
amount of time after notification by the Police Department, and may
be grounds for termination of the tower`s appointment.
(c)
The requirement to tow abandoned motor vehicles shall only apply
to public rights-of-way, easements, avenues and places including public
parks and playgrounds, and all quasi-public areas. The owner of private
property shall be responsible for the removal of any unattended or
disabled vehicles in accordance with the provisions of N.J.S.A. 39:4-56.6,
and shall employ a tower of their choice.
(d)
The Borough retains the right to require that the abandoned
vehicle shall be towed to municipal property and to retain any monies
realized from the sale of such vehicles. The Borough shall pay the
Borough`s reasonable fees as set forth in this chapter for towing
a vehicle sold in this manner from the proceeds of the sale. Abandoned
vehicles not claimed by the owner or lienholder may be sold at public
auction pursuant to the provisions of N.J.S.A. 39:10A-1 through 10A-7.
Prior to sale at auction of any abandoned vehicle, the Borough will
obtain the appropriate junk title or certificate of ownership for
said abandoned vehicle from the Division of Motor Vehicles.
(2)
Vehicles not abandoned.
(a)
All vehicles involved in accidents, disablements, stolen vehicles,
vehicles involved in suspected crimes, and the like shall be towed
and stored under the direction and supervision of the Police Department
24 hours a day, seven days a week. Vehicles shall be available for
release between the hours 9:00 a.m. and 5:00 p.m., Monday through
Fridays, and 9:00 a.m. and 12:00 noon, Saturdays and Sundays, except
legal holidays. Sunday hours are optional, however, no storage charge
for Sunday shall be assessed if a vehicle is picked up on Monday.
The tower shall arrive at the scene of the accident within 20 minutes
under normal conditions after police notification. Repeated late arrivals
at the scene of accidents may result in the termination of the tower`s
services, as otherwise provided in this chapter.
(b)
In the event that the tower has been summoned by the Borough
for purposes of towing a vehicle, and the owner of the vehicle has
also summoned his own tower, and said tower arrives on the scene prior
to removal of the vehicle by the Borough`s tower, then the owner is
entitled to remove his own vehicle at no cost or expense to the owner
or the Borough. There shall be no charge to the Borough for the tower
appearing at the scene under said conditions.
B.
Storage. The tower shall store the abandoned and non-abandoned vehicles
in the storage area, as required in this chapter. The vehicles shall
be stored until claimed by the owner or until auctioned by the Borough
in compliance with state law, or as otherwise to be disposed of pursuant
to state law. Vehicles to be removed shall be towed to the tower`s
storage area or to Borough property at the discretion of the Police
Department.
A.
The tower shall indemnify and hold harmless the Borough of Medford
Lakes from any and all claims against the Borough of Medford Lakes
arising out of the operation of any towing services or garage services
or storage services or repair services under this chapter. Liability
insurance shall include contractual liability of $1,000,000 combined
single limit.
B.
The tower shall carry workmen`s compensation insurance in accordance
with the requirements of New Jersey state law. The tower shall also
carry public liability and property damage, contingent liability insurance
to indemnify the Borough of Medford Lakes and the public against any
loss due to injuries, accidents or damages of any character whatsoever,
where any such damage is the result of any act or omission of the
tower, his agents or employees in or due to the execution of the work
called for under this chapter. Such policies shall contain the provision
that 30 days' notice of change or cancellation be given to the
Borough by the insurance company. Public liability insurance limits
shall be at least $500,000 per accident and be specifically endorsed
to provide collision insurance for vehicles in tow. In addition, the
tower shall have coverage for contractual liability and also name
the Borough as an additional insured. All insurance required hereunder
shall remain in full force and effect for the period of the appointment.
C.
Appropriate bodily injury liability insurance with $1,000,000 combined
single limit, automobile bodily injury liability insurance with limits
of not less than $500,000 for each person and $1,000,000 for each
accident, and property damage liability insurance with a limit of
not less than $500,000 for each accident.
D.
Garage keeper`s liability in an amount not less than $60,000 per
location; garage liability in an amount not less than $1,000,000 combined
single limit.
E.
Certificates of insurance showing that the tower and the Borough
of Medford Lakes are named as additional insured, in conformance with
the above, shall be furnished to the Borough of Medford Lakes, subject
to approval of the Borough Solicitor, and filed with the Borough Clerk.
The certificates of insurance shall be delivered to the Borough Manager.
A.
Generally.
(1)
Towing and storage charges and fees shall be set periodically by
resolution and in accordance with N.J.S.A. 40:48-2.5, as well as the
provisions of this chapter. The Borough shall not be responsible for
the collection or payment of any charges for the towing or storage
of vehicles. The charges and fees and rates applicable to services
performed pursuant to this chapter shall be posted in a conspicuous
place, visible to the public at the tower`s storage area, and shall
be presented to the owner of a vehicle to be towed at the time of
service. The tower shall prepare an itemized bill in detail as to
the actual services rendered and present the bill to the claimant
of a vehicle. Each bill shall contain a statement that the claimant
may file a complaint with the Borough with respect to charges. The
Borough will not be responsible for charges due and owing from a claimant
of a vehicle, nor will it assist the tower in collecting such charges.
Vehicles impounded as a result of police investigations involving
stolen vehicles or fatal accidents will not result in storage charges;
however, the Borough reserves the right to store such vehicle at a
location of its choosing.
(2)
In the event that the Borough conducts an auction of unclaimed abandoned
vehicles pursuant to Title 39, the tower`s bill for towing and storage
shall be an expense of possession and sale and shall be paid from
the proceeds of this subsection. Each vehicle auctioned shall be a
separate item for purposes of this subsection. The title fee for which
the Borough must pay to the State of New Jersey for title certificates
shall be paid by the purchaser at the auction, even if the tower is
the purchaser and shall be in addition to the bid price of each vehicle.
In the event that the Borough determines to utilize the provisions
of Title 39 with respect to unclaimed vehicles, the tower shall receive
no compensation for its services.
(3)
The fee for towing a vehicle shall include the service rendered from
the scene where the vehicle is located to the storage area, and from
the storage area to the curbline of the property on which is located
the storage area. There shall be no additional charge for towing a
vehicle from the storage area to the curb line for the purpose of
an owner of a vehicle towing the vehicle to a service station or other
repair shop, or the person`s home or other location. The charge for
towing includes any incidental and related costs, such as disconnecting
and reconnecting a transmission. There shall be no additional charges
for any other services, including, but not limited to waiting time,
debris removal, winching and additional labor when routine towing
services, as provided for by this chapter, are performed. The tower
shall be responsible for the cleanup and disposal of motor vehicle
fluids, in accordance with state law and accepted standards, and there
shall be no additional labor charges for this service. The tower may
charge the owner/operator for material used in the cleanup of motor
vehicle fluids. The tower may charge a fee for lockout service, as
well as roadside assistance, such as jump-starts, tire changes, and
providing gasoline for vehicles that have run out of fuel.
B.
Charges and fees. The charges, fees and rates for vehicles to be
towed and stored shall be set periodically by resolution.
C.
Specialized equipment. In cases where the tower must hire laborers
or rent or utilize specialized equipment not specified in this chapter,
all reasonable charges therefor shall be paid by the owner of the
vehicle, after the owner of the vehicle or his agent has given his
prior written consent thereto, except where said vehicle is deemed
a hazard to health or safety, whereupon said vehicle will be removed
by the direction of the Chief of Police or his designee, with the
owner then being responsible for all personnel, equipment and labor
costs. The Chief of Police or his designee shall determine the necessity
for specialized equipment.
D.
Unloading of goods. In the event that it is necessary to unload a
vehicle which has been used for transportation of goods prior to towing,
an agreement shall be reached between the tower and the owner of the
vehicle or the owner`s agent or representative, as to the charge for
said service. No written agreement is necessary in an emergency situation,
and the Chief of Police or his designee shall determine when an emergency
exists.