Borough of Hawthorne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne 4-21-1999 by Ord. No. 1721 (Ch. 208 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 505.
Impounded vehicles — See Ch. 509.
Used and secondhand vehicles — See Ch. 516.
The purpose of this chapter is to establish towing and storage fees that shall be charged in the Borough of Hawthorne pursuant to N.J.S.A. 40:48-2.49 and to establish standards and procedures for a rotating list of towing operators to respond to requests for service by the Police Department of the Borough of Hawthorne.
[Amended 2-15-2017 by Ord. No. 2174-17]
A. 
The following is the fee schedule pursuant to N.J.S.A. 40:48-2.49 for basic automobile towing services, when requested by the Borough:
(1) 
Days (8:00 a.m. to 4:30 p.m.) Monday through Friday:
(a) 
First mile or less, or return to operator's yard: $70.
(b) 
Each additional mile, other than operator's yard, if requested by owner: $3.
(2) 
Nights, weekends and New Jersey holidays:
(a) 
First mile or less, or return to operator's yard: $85.
(b) 
Each additional mile, other than operator's yard, if requested by owner: $3.
B. 
The following is the fee schedule for storage services for all types of vehicles pursuant to N.J.S.A. 40:48-2.49:
(1) 
Inside building (according to storage facility capacity):
(a) 
Twenty-one or more spaces: $20.
(b) 
Ten to 20 spaces: $25.
(c) 
Less than 10 spaces: $30.
(2) 
Outside secured (according to storage facility capacity):
(a) 
Twenty-one or more spaces: $15.
(b) 
Ten to 20 spaces: $20.
(c) 
Less than 10 spaces: $25.
(3) 
Outside unsecured (according to storage facility capacity):
(a) 
Twenty-one or more spaces: $10.
(b) 
Ten to 20 spaces: $12.
(c) 
Less than 10 spaces: $15.
C. 
The following is the fee schedule for basic towing of trucks and other vehicles not covered under N.J.S.A. 40:48-2.49:
(1) 
Trucks up to one ton: $100 per hour.
(2) 
Trucks from one ton to five tons: $200 per hour.
(3) 
Trucks over five tons: $325 per hour.
(4) 
Motorcycles, mopeds, etc.: $45 flat rate.
(5) 
Additional services that may be required:
(a) 
Winching: $250 per hour.
(b) 
Axle pull/drive shaft: $50 flat rate.
(c) 
Hookup air: $30 flat rate.
(d) 
Cleanup: $60 per hour.
(6) 
Charges for additional services not listed above: $60 per hour.
(7) 
Additional personnel after driver: $60 per hour.
(8) 
No-key winching or towing: $60 per hour.
(9) 
Heavy recovery support: $300 per hour.
A. 
The towing operator shall maintain records of all vehicles towed, stored and released by him. Records shall be kept for a four-year period. These records shall include the name of the responding police officer, the date and time of tow in, destination towed, vehicle tag number and state, vehicle identification number, make, model, color and year of vehicle, charges to owner of vehicle, disposition of vehicle and date thereof.
B. 
The towing operator shall maintain a record of all property found anywhere in the towed vehicle, including the trunk and glove compartment when open and where a key is available.
C. 
The Borough of Hawthorne shall have access to any and all of these records if so requested.
In order to establish a nondiscriminatory and nonexclusionary system for the Police Department to request and assign towing services in the Borough of Hawthorne, as may be required in connection with damaged, abandoned or otherwise inoperative vehicles under the jurisdiction and responsibility of the Police Department, whether at an accident scene or within the public roadways, or on private property when requested by the owners thereof, the following guidelines and procedures are hereby established.
A. 
General.
(1) 
Towing operators meeting the qualifications set forth below shall submit a request, in writing, to the Chief of Police to be considered for placement on a list of towing operators. The Chief of Police or his designee shall compile a rotating list of towing operators with types of vehicles required to service the needs of the Borough of Hawthorne as determined by the Hawthorne Police Department and to amend and supplement the list from time to time.
(2) 
The Chief of Police or his designee shall maintain the rotating list for a period of 12 months effective January 1.
(3) 
Towing operators shall be selected from licensees who comply with the requirements of this chapter.
(4) 
A background check of eligible towing operators shall be completed within 30 days of the request to be considered for placement on the list of towing operators.
(5) 
The Hawthorne Police Department shall establish towing zones and assign callout weeks from the rotating list.
A towing operator, in order to be considered for the rotating list, shall pay an annual license fee in the amount of $100 for each light-duty, or flatbed, towing truck, and $500 for each heavy-duty truck (gross vehicle weight of 32,000 pounds or greater), on or before January 1 of each year, and, in addition, shall be required to meet the following qualifications:
A. 
The towing operator shall be of good business character and reputation.
B. 
The towing operator shall undergo a background check conducted by the Police Department of the Borough. The conviction of any crime or an offense involving moral turpitude may act to disqualify the towing operator. A disqualification may be waived by the Borough upon the showing of good cause.
C. 
The towing operator must have five years' experience in the towing and storage of vehicles as an owner/operator or as an employee of a towing company.
D. 
The towing operator must be able to supply equipment from Subsection D(1) and/or (2) as follows:
(1) 
Wrecker/tow truck equipped with a boom and a rollback flatbed truck. Both vehicles shall be capable of towing vehicles up to a five-ton limit.
(2) 
Both of the vehicles required in Subsection D(1) and a vehicle with the lifting capacity of towing vehicles of at least five tons to 20 tons. This wrecker/tow truck shall be equipped with a boom.
E. 
The towing operator must be able to provide towing services 24 hours a day, seven days a week, for the Borough on a rotating basis, at the direction of the Police Department.
F. 
The towing operator must be able to respond to a call within a fifteen-minute time period under normal conditions, but in no event be located more than five road miles from the Borough.
G. 
The towing operator shall show proof that he owns or leases a minimum storage area for at least 10 vehicles. Said proof shall include the deed or deeds to the property, or the leases to same. Minimum storage area shall be exclusive of any other contract obligations on the part of the towing operator.
H. 
Towing operators shall provide proof of ownership of the vehicles to be used for towing. Subcontracting shall not be permitted.
I. 
The towing operator shall be considered an independent contractor and shall not represent to the public that he is an employee of the Borough.
A. 
The towing operator shall provide and maintain the following types of insurance to be obtained from insurance companies licensed to do business in the State of New Jersey and acceptable to the Borough and shall provide the Borough with certificates of insurance showing proof of the following required coverages:
(1) 
Automobile liability in an amount not less than $1,000,000 combined single limits.
(2) 
Workers' compensation as required by statute.
(3) 
Garage keepers liability in an amount not less than $60,000 per location.
(4) 
Garage liability in an amount not less than $1,000,000 combined single limit.
(5) 
Comprehensive general liability in an amount not less than $1,000,000.
B. 
Policies shall be endorsed to provide collision coverage for vehicles in tow.
C. 
All policies shall name the Borough as an additional insured.
D. 
All policies must contain a provision requiring notification to the Borough of any policy cancellation or revision.
The equipment to be used by the towing operator shall meet the following requirements:
A. 
All equipment must be of the type, condition and design to efficiently perform the work required by the Borough of Hawthorne.
B. 
All wreckers/tow trucks with boom and roll-back flatbeds (hereafter known as "trucks") to be used by the towing operator must be of such construction and capacity that they will be able to tow any type vehicle, including vehicles that are upright, overturned or without wheels. These trucks must be found satisfactory by the Borough of Hawthorne Police Department.
C. 
All trucks shall be equipped with a two-way radio capable of transmitting and receiving from the towing operator's office to anywhere in the Borough, on a twenty-four-hour basis.
D. 
All trucks shall be provided with a serviceable (properly rated) fire extinguisher.
E. 
All trucks shall be equipped with all standard trade tools. These shall include, but not be limited to, wrecking bar, hammers, screwdrivers, etc.
F. 
The towing operator shall provide all trucks with a shovel, broom and other equipment necessary to clean up broken glass and debris from the scene of any accident to which they are summoned. The towing operator shall be responsible for the subsequent cleanup. Each truck shall have a minimum of 50 pounds of dry sand or a drying compound for oil and/or any other liquid, except gasoline, that might be spilled onto a roadway as a result of an accident. If gasoline is spilled as a result of any accident, it shall be the responsibility of the Police Department to notify the Fire Department for immediate removal. Absorbed liquids, other than gasoline, shall be removed from roadway, placed in plastic bags and then placed in towed vehicle, by the towing operator, and shall be disposed of by the owner of said vehicle.
G. 
All trucks used by the towing operator shall be kept in a clean, good working condition. The towing operator shall have displayed on all of his trucks in such a manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
H. 
Each towing operator shall furnish the following information with respect to the aforementioned trucks: make, model, year and registration number of each truck. A photostatic copy of each registration and insurance card shall also be included. For leased trucks, the towing operator shall be required to furnish a copy of each lease. Only trucks listed shall be used by the towing operator.
The towing operator shall have an impound area that meets the following requirements:
A. 
Land area used for storage or vehicles shall be paved or stoned, and the area shall facilitate reasonable towing distances.
B. 
Signs which readily identify the storage facility and which comply with all applicable laws shall be installed.
C. 
No towed vehicle shall be parked upon a public or private street or sidewalk. Said vehicle shall be stored by the towing operator within the storage area so provided.
D. 
All vehicles stored by the towing operator shall be reasonably secure and safeguarded for vandalism and/or theft.
E. 
The Borough of Hawthorne 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.
F. 
There shall be no unescorted access to any vehicle stored in the aforementioned impound area by the public. Said area shall be posted in accordance with Hawthorne Police Department regulations.
G. 
The towing operator shall conspicuously post at his place of business the fee schedule for storage and towing of vehicles.
H. 
There shall be no piling of vehicles.
I. 
The towing operator shall maintain a place of business where trucks, in response to police requests, shall normally be kept.
The employees of the towing operator shall meet the following requirements:
A. 
Employees of the towing operator shall under no circumstance be deemed an agent, servant or employee of the Borough or represent to the public that he/she is an employee of the Borough of Hawthorne.
B. 
No person shall be employed by the towing operator unless he/she has obtained a record check and has been approved by the Borough of Hawthorne Police Department.
C. 
Each employee shall be provided with an I.D. tag by the towing operator. It shall be of sturdy construction, include the employee's photograph and shall be worn on the outer garment of the employee.
D. 
The towing operator and his employees are prohibited from collecting or attempting to collect a fee, commission, pay or charge other than as provided for in this chapter. Each towing vehicle shall carry a laminated copy of the fee schedule, which shall be shown to the motorist, if available, at the scene of the towing hookup.
E. 
The towing operator shall indicate the number of employees who will be on the day shift and the number to be assigned to the night shift, on a seven-day-a-week basis.
F. 
The towing operator shall provide the Police Department with a list of said personnel and their driver's license numbers for verification.
G. 
Employees shall have a valid CDL license or state required license to operate appropriate towing vehicles.
A. 
All complaints received by the Borough regarding a towing operator's performance under the provisions of any part of this chapter shall be investigated by the Chief of Police or his designee and resolved to the satisfaction of all parties. In the event that the complaint cannot be resolved to the mutual satisfaction of the parties, the matter shall be submitted to the Chief of Police or his designee. The decision of the Chief of Police or his designee shall be final.
B. 
The towing operator shall at all times comply with this chapter, or the Borough shall remove the towing operator from the rotating list (if applicable) after notification and an opportunity for a hearing conducted by the Chief of Police.
C. 
The Chief of Police is hereby designated to enforce the provisions of this chapter in accordance with due process of law.