[HISTORY: Derived from Ch. IV, Sec. 4-11,
of the Revised General Ordinances of the Borough of Fort Lee, 1978,
adopted 3-1-1979. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
An individual or a legally formed business entity who seeks
to obtain a license from the Borough to furnish wrecker services with
the Borough pursuant to this chapter.
[Added 6-9-2016 by Ord.
No. 2016-23]
Office, industrial, or retail property with semipublic roads
that do not contain living areas and are used for commercial business
purposes only.
[Added 6-14-2012 by Ord. No. 2012-17]
The towing of a motor vehicle when the owner or operator
of the motor vehicle has consented to having the towing company tow
the motor vehicle.
[Added 6-14-2012 by Ord. No. 2012-17]
A mechanical or electrical clamp, boot or fitting which is
employed, manufactured or designed to lock the wheel of a motor vehicle,
thus making the vehicle immobile.
[Added 5-8-2008 by Ord. No. 2008-22]
A license issued to a licensee who did not hold a wrecking
and towing license in the borough during 1976.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
[Added 6-14-2012 by Ord. No. 2012-17]
A warning label with adhesive, tape or glue, which is manufactured,
designed or employed so that it may be affixed to the front or rear
windshield of any vehicles violating parking rules or regulations.
[Added 5-8-2008 by Ord. No. 2008-22]
Any natural person, partnership, corporation or association.
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
[Added 6-14-2012 by Ord. No. 2012-17]
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a consumer's motor vehicle
that is parked illegally, parking during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
[Added 6-14-2012 by Ord. No. 2012-17]
Properties that are structures used solely for living spaces
and have an expectation to privacy.
[Added 6-14-2012 by Ord. No. 2012-17]
Person offering or performing towing services.
[Added 6-14-2012 by Ord. No. 2012-17]
Use of a locking wheel boot that, when attached to the wheel
of a vehicle, prevents free, self-propelled movement of the vehicle
by the vehicle operator.
[Added 5-8-2008 by Ord. No. 2008-22]
A motor vehicle employed for the purpose of towing, transporting,
conveying or removing any other motor vehicle which is unable to be
operated under its own power, for which service a charge or fee is
exacted.
[Amended 5-8-2008 by Ord. No. 2008-22; 6-11-2009 by Ord. No.
2009-23; 6-14-2012 by Ord. No. 2012-17; 9-13-2012 by Ord. No.
2012-26]
A.Â
No person shall be authorized to operate any wrecker or conduct any
wrecker service within the Borough of Fort Lee, whether on the police
call list or not, without first obtaining a license in accordance
with this chapter.
B.Â
No new license shall be issued except upon the approval of the Mayor
and Council.
C.Â
The Borough shall license up to six towing companies annually to
be included on the police call list.
D.Â
No employee or agent of a person conducting any wrecker service within
the Borough, or such person, shall operate any wrecker within the
Borough of Fort Lee without first having been registered as provided
herein.
E.Â
Whenever a property owner or agent shall arrange to have a vehicle
towed from a location within the Borough of Fort Lee, said property
owner or agent shall only utilize the services of a towing company
licensed by the Borough of Fort Lee. An annual list of all licensed
towing companies shall be supplied by the Borough of Fort Lee Police
Department upon request. The private property owner, designee and/or
management company must submit a request to the Chief of the Borough
of Fort Lee Police Department or his designee outlining his/her request
for permission to use a licensed tow company within the Borough of
Fort Lee. This request must be approved by the Chief of the Borough
of Fort Lee Police Department prior to any tow service being authorized.
The private property owner will also submit a copy of the request
to the tow company to conduct private tows. The tow company will also
submit copies of any agreements or contracts to tow for the private
property owner to the Chief of the Borough of Fort Lee Police Department
or his designee. To minimize the possibility of any confusion arising
from private property towing, the commercial private property owner
is responsible for the posting and maintaining of signage which is
clear in its warning to the public using the commercial private property.
The signs need to be posted at all entry and exit points and throughout
the property to help ensure compliance. The signs must be a minimum
of 18 inches by 18 inches and clearly warn drivers of the consequences
of improperly using the property. Contact information, to include
the name, address and contact phone number of the property manager,
will also be included on the signs to assist the public in addressing
concerns and complaints. The towing company that has been chosen by
the private property owner to conduct towing within the property will
also be listed, along with a contact number for the towing company
and the proper towing rate. If the licensee elects to use an on-site
parking/property manager, he or she must be visible to the general
public and available to answer any concerns from the public. He or
she will be required to wear visible clothing in the form of a safety
vest that identifies him or her as a property manager should the need
to be identified by either police personnel or the general public.
The lettering on the vest will be no less than two inches in height
and clearly visible from both the front and back of the vest.
F.Â
A wrecking and towing license shall in no way authorize an employee
or agent of a person conducting a wrecker service within the Borough
to operate or provide a vehicle immobilization service.
G.Â
A wrecking and towing license shall in no way authorize an employee
or agent of a person conducting a wrecker service within the Borough
to operate or provide any service that utilizes parking violation
stickers.
H.Â
The licensing and regulation requirements for commercial private
property owners shall not apply to residential private property owners.
Residential private properties are defined as properties that are
structures used solely for living spaces and have an expectation to
privacy, as opposed to commercial properties with semipublic roads
that do not contain living areas and are used for commercial business
purposes only. Residential private property owners are required to
contact the Police Department should the situation arise that a vehicle
is parked or stationed within their property, to include driveways
and/or walkways.
The application for a license as required by
the preceding section shall be made to the Borough Clerk on the prescribed
form and shall accurately specify the following information, the truth
of which shall be sworn to by the applicant:
A.Â
The year, make, type and registration number of the
wrecker. The wrecker must be registered or leased for one year to
the applicant, and the registration card or lease must be exhibited
to the borough;
B.Â
The name and address of the applicant, and if a corporation,
the name and address of each officer and director thereof, and if
a partnership, the name and address of each partner thereof;
C.Â
The name and address of the owner of the wrecker,
if other than the applicant;
D.Â
The location or locations of the premises at which
the wrecker is domiciled or garaged;
E.Â
The location or locations of the premises to which
vehicles are towed, a map or diagram accurately drawn depicting the
proposed layout and size of the vehicle storage spaces, and fire lanes
and the maximum number of vehicles to be stored at such premises;
F.Â
Information as to whether the applicant has satisfactory
and personal references indicating the ability to comply with the
terms of this chapter;
G.Â
A complete list of all criminal convictions, except
minor traffic violations, of the applicant or owner, partner, officers
or local office manager of applicant;
H.Â
Whether the wrecker is to be used solely as an accessory
use to a gasoline service station.
[Amended 6-14-2012 by Ord. No. 2012-17]
I.Â
Whether
the towing company wishes to be included on the police tow list or
police road service list.
[Added 6-14-2012 by Ord. No. 2012-17]
J.Â
The applicant's primary place of business, as registered with the
State of New Jersey, must be located in the State of New Jersey within
one mile of the Borough.
[Added 6-9-2016 by Ord.
No. 2016-23]
K.Â
The applicant must include with its application a copy of its New
Jersey Business Registration Certificate.
[Added 6-9-2016 by Ord.
No. 2016-23]
L.Â
The applicant must include with its application a copy of the certificate
of occupancy issued by the municipality for its primary place of business.
[Added 6-9-2016 by Ord.
No. 2016-23]
M.Â
The applicant's primary storage facility for towed vehicles must
be located within one mile of the Borough.
[Added 6-9-2016 by Ord.
No. 2016-23]
N.Â
Evidence that the applicant has at least three years' experience
in providing properly insured towing services.
[Added 6-9-2016 by Ord.
No. 2016-23]
O.Â
Applicants must demonstrate the ability to tow at least two vehicles
at the same time for light-duty towing calls.
[Added 6-9-2016 by Ord.
No. 2016-23]
[Amended 6-9-2016 by Ord.
No. 2016-23]
A.Â
Applicants for a license under this chapter shall own, at a minimum,
the following equipment:
(1)Â
One light-duty flatbed (rollbacks) with wheel lift.
(2)Â
One light-duty wrecker with wheel lift.
(3)Â
One heavy-duty wrecker with wheel lift (minimum capacity of 25,000
pounds). Heavy-duty wreckers must be a minimum gross vehicle weight
of 35,000 pounds with air brakes and must be fully hydraulic.
(4)Â
One Landoll-type trailer.
(5)Â
One tractor.
(6)Â
Computerized filing system to track towed vehicles.
B.Â
Each application for a license shall be accompanied by certificates
of automobile and garage keeper's liability insurance, issued by an
insurance company authorized to do business in the State of New Jersey,
with policy limits of not less than the following:
C.Â
All insurance policies of towing companies on the Borough's rotating
call list shall name the Borough of Fort Lee as an additional insured
and shall indemnify and hold harmless the Borough from any claims
for injury or property damage arising out of, or in any way related
to, the operation of a tow truck or wrecker or storage yard, pursuant
to this chapter.
A.Â
Upon receipt of a completed application as required by § 406-3 and certificates of insurance as required by § 406-4, the Borough Clerk shall forthwith submit copies of the application to the Building Department, the Fire Prevention Bureau and the Police Department for investigation and reports. The Building Department and the Fire Prevention Bureau shall report to the Borough Clerk as to whether the proposed domicile of the wrecker complies with local zoning, building and fire prevention ordinances. The Police Department shall investigate the applicant and report as to whether the applicant and his equipment are qualified to conduct a safe, honest and efficient wrecker service. All such reports shall be made in writing to the Borough Clerk within 20 days after requested.
B.Â
Each applicant for a new license must meet and provide, and continue
to provide during the licensing year, the following storage requirements
for vehicles:
[Amended 6-9-2016 by Ord.
No. 2016-23]
(1)Â
All licensees, except those licensees that are solely accessory uses
to gasoline and service stations, whether or not on the police tow
list or police road service list, must provide secure storage space
for 50 vehicles, which storage area shall be fenced if deemed necessary
by the municipal Construction Code Official.
(2)Â
Vehicle storage spaces and lots shall conform to all requirements
of the applicable municipal building and fire codes, and shall conform
to the ordinances of the respective municipal jurisdiction where the
storage space is located.
(3)Â
If the storage area is not situated within the boundaries of the
Borough, a current and valid certificate of occupancy or other proof
of the legal use of the premises to store vehicles must be presented
with the application.
(4)Â
If the storage area is not owned by the applicant, a copy of a written
lease agreement for the storage area must accompany the application.
(5)Â
Only one license shall be granted to an applicant. No applicant who
obtains a license shall have any interest, direct or indirect, in
any other license. In the event that it is determined that a licensee
does have an interest (according to the same standards utilized for
the issuance of alcoholic beverage license) in another towing license,
that licensee shall immediately forfeit both licenses.
(6)Â
No license shall be granted to any applicant who does not fulfill
each and every requirement of this section, and all other requirements
of this chapter. All licenses issued under this chapter shall expire
on the last day of December of the year of issue. New licenses shall
be issued effective January 1 of each year only. Attendance at an
annual meeting each November to formulate the lists shall be mandatory.
(7)Â
Each applicant for a license to be included on the police call list
must demonstrate the ability to tow a least two light-duty vehicles
at the same time.
C.Â
In the event that any agency of the borough, in conducting
the quarterly inspection referred to above, finds a violation, the
licensee shall receive a ten-day notice to cure said violation. If
the violation is not abated and cured within 10 days (or any extension
thereof granted by the investigating agency), the Construction Official
shall have the right to suspend the licensee from all borough towing
services for the balance of that quarter. Said suspension shall be
in writing and forwarded to the licensee by certified mail, return
receipt requested, with a copy to the Borough Clerk.
(1)Â
In the event that the licensee fails to correct the
violation prior to the next quarterly inspection, the licensee shall
continue to be suspended from all borough towing services for that
particular quarterly period.
(2)Â
Nothing contained herein with regard to suspensions
from borough towing services shall preclude any duly authorized agent
of the borough from issuing summonses for violations and/or continuing
violations which are not abated, and which would otherwise subject
the property owner and/or licensee to fines and penalties set forth
in other chapters of the Fort Lee Ordinances.
[Amended 6-14-2012 by Ord. No. 2012-17]
Each employee or agent of licensees under this
chapter who operates a wrecker within the Borough shall be registered
with the Borough of Fort Lee Police Department, and such registration
shall be the joint obligation of the employee or agent and employer.
The registration shall include at least the name and address of the
employee or agent; the name of the employer; criminal convictions,
if any, of the employee or agent; the length and type of the employee’s
or agent’s experience in the wrecker business and with the employer;
and such other information as may be prescribed by the Chief of Police.
All registration forms shall be reviewed by the Chief of Police, or
his designated representative, who shall determine, within 10 days
of its submission, whether a registration should be issued. A registration
shall be denied only for just cause, in which event the employee or
agent and employer shall be notified forthwith. Within 10 days of
such notification, the employee or agent or employer may appeal the
decision to the Mayor and Council, which shall hear and decide the
appeal within 45 days after the date it was filed with the Borough
Clerk.
Upon receipt of all reports as set forth in § 406-5, the Borough Clerk shall forthwith transmit same to the Mayor and Council, which shall grant or deny the issuance of a license within 30 days after receipt of all reports. No application shall be denied unless the Mayor and Council determine that the applicant has not demonstrated the ability to comply with the terms of this chapter, for any reason specified in § 406-12 hereof, or for other just cause. In the event of any denial, the applicant shall forthwith be notified thereof in writing, which shall specify the reason for the denial. After receipt of such notification, the applicant shall have 10 days in which to make written request to the Borough Clerk for a hearing before the Mayor and Council.
[Amended 6-14-2012 by Ord. No. 2012-17; 6-9-2016 by Ord. No. 2016-23]
A.Â
The fee for a license for a wrecker listed on the Borough's call list under § 406-20 shall be $750 per year.
B.Â
The fee for each such license for a wrecker who is not listed on the call list under § 406-20 shall be $100 per year for the first wrecker, and $50 per year for each additional wrecker owned by the same licensee and domiciled at the same address.
C.Â
Each such license granted shall be issued in duplicate. One copy
of the license shall be kept at all times at the location at which
the wrecker is domiciled. Each license shall be valid from the date
of its issuance through December 31 of the year of its issuance.
D.Â
Each operator or agent of the licensees registered under this chapter
shall pay an annual permit fee of $25.
Any license issued hereunder may be renewed
for additional periods of one year upon:
A.Â
Submission to the Borough Clerk of a renewal application containing the same information as required by § 406-3 hereof;
C.Â
Payment to the Tax Collector-Treasurer of a renewal fee in the amount of $750 or $100, whichever is applicable in accordance with § 406-8. The Mayor and Council have the right to deny, within 30 days after the submission of all items required by this chapter, the renewal of any license if they find that the applicant no longer demonstrates the ability to comply with the terms of this chapter, for any reason specified in § 406-12 hereof, or for other just cause. In the event any renewal of a license is denied, the applicant shall forthwith be notified in writing, which shall specify the reason for the denial. After receipt of such notification, the applicant shall have 10 days in which to make written request to the Borough Clerk for a hearing before the Mayor and Council.
[Amended 6-9-2016 by Ord.
No. 2016-23]
A.Â
After the issuance of a license pursuant to the provisions
hereof, each licensee shall be subject to quarterly inspections by
the Fire Prevention Bureau and/or the Building Department of the Borough
of Fort Lee to determine whether the licensee is in compliance with
all requirements of the licensing ordinance. The Borough agencies
shall report to the Borough Clerk and the Chief of Police of the Borough
of Fort Lee or his designee as to whether the towing services are
continuing to comply with local zoning, building, property maintenance
and fire prevention ordinances, in addition to certifying that all
of the affirmative obligations set forth in this chapter are then
being met by the licensee.
[Amended 6-11-2009 by Ord. No. 2009-23]
B.Â
In the event that one of the borough agencies conducting
such inspections finds the towing service to be in violation of any
provision of the chapter, the Borough Clerk shall immediately notify
the licensee, in writing, of the specific violation, and demand that
same be corrected within seven days. In the event that the violation
is not remedied, the Borough Clerk shall schedule a hearing on the
matter, before the Mayor and Council, no later than two weeks after
the expiration of the ten-day notice. Because time is deemed to be
of the essence, the towing service may not request an adjournment
of such hearing. In the event that the Mayor and Council determine
that the inspecting agency was correct in its determination that a
violation exists, they shall issue an order suspending the license
of the towing service until such time as the violation is remedied.
Any license or registration required by this
chapter shall not be transferred or assigned without the prior approval
of the Mayor and Council, nor shall the domicile of any wrecker licensed
hereunder be changed without the prior approval of the Mayor and Council.
In addition to any penalties which may be purposed
for the violation of any provision of this chapter, the Mayor and
Council may suspend or revoke any license granted hereunder, after
written notice and public hearing, for any of the following reasons:
A.Â
Fraud or willful and knowing misrepresentation or
false statement made in an application for a license.
B.Â
Fraud or willful and knowing misrepresentation or
false statement made in the conduct of any wrecker service.
D.Â
Violation of any other provision of this chapter.
E.Â
Violation of any law or regulation of the State of
New Jersey, specifically including, but not limited to, violations
of motor vehicle laws and regulations.
F.Â
Other just cause.
[Amended 6-11-2009 by Ord. No. 2009-23]
No person or persons, whether licensed or unlicensed,
within the Borough of Fort Lee shall operate an unengaged wrecker
along a public and/or private roadway in the Borough of Fort Lee in
any fashion calculated for the obvious purpose of soliciting business.
For violation of any provision of this section, the maximum penalty,
upon conviction, shall be a fine not exceeding $2,000 or imprisonment
for a period not exceeding 90 days, or both. Community service for
a period not to exceed 90 days, such service to be in a form provided
by the Municipal Judge, shall be a penalty available to the Municipal
Judge either in place and stead or in addition to the penalties here
and before provided.
No person shall tow or remove, or cause to be
towed or removed, any vehicle from a location within the Borough of
Fort Lee to a location outside the borough except as provided herein;
provided, however, that if a towed vehicle remains unclaimed at the
premises of a wrecker for more than 20 days, then and in that event
the vehicle may be removed by a wrecker without the owner's consent
to a location outside the borough; provided further, however, that
at least five days prior to any such removal, the owner is notified
by certified mail, return receipt requested, of the intent to remove
such vehicle to a location outside of the borough and the address
of such location.
[Amended 5-25-2000 by Ord. No. 2000-22; 7-24-2008 by Ord. No. 2008-31; 6-11-2009 by Ord. No. 2009-23; 6-14-2012 by Ord. No. 2012-17; 12-19-2019 by Ord. No. 2019-32; 7-6-2023 by Ord. No. 2023-21]
A.Â
Fees for towing and storage of private passenger vehicles damaged
in an accident or recovered after being stolen may not exceed the
fees established by the Garden State Towing Association, Inc. (GSTA),
as set forth in https://gsta.org/state-police-rates/.
B.Â
Pursuant to law, the fee schedules are reviewed by the Garden State
Towing Association, Inc., on an annual basis and may be revised if
necessary. In the event that the fee schedules are revised by the
GSTA, the revised fees shall be the maximum fees that may be charged
by official towers, and this chapter shall be amended accordingly.
C.Â
If the towing operator is called to the scene by the Police Department
of the Borough of Fort Lee in accordance with this chapter, fees for
towing and storage of private passenger vehicles damaged in an accident
or recovered after being stolen shall be set forth in https://gsta.org/state-police-rates/.
D.Â
Fees for other types of vehicles other than private passenger vehicles
shall be determined as follows:
(1)Â
The following maximum fee schedule for towing services shall be as
set forth in https://gsta.org/state-police-rates/.
(2)Â
The fee for storage services shall be as set forth in https://gsta.org/state-police-rates/.
(3)Â
The fees set forth for non-passenger vehicles in this section are
maximum charges that shall apply for basic towing services. The towing
operators, however, shall be allowed to charge additional fees per
hour for winching and wrecking services over and above the basic towing
services for light-duty wrecker, medium wrecker and heavy-duty wrecker,
as set forth in https://gsta.org/state-police-rates/. There shall
be no additional charges for any other services, including but not
limited to waiting time, cleanup costs and additional labor, when
only basic towing services, as defined in https://gsta.org/state-police-rates/,
are provided.
E.Â
Any person found to be in violation of the terms and conditions of
this chapter two times within any one year shall have his license
to operate a wrecker or towing service in the Borough of Fort Lee
suspended for six months.
F.Â
It shall be the duty of all wreckers and towing services to maintain
a listing of the rates shown herein in their vehicles and to have
a sign permanently affixed to the vehicle reading "Fort Lee Schedule
of Rates in Cab" on the outside of said vehicle.
G.Â
Any rates for services as set forth in this chapter must be adhered
to. As to any other rates for services that are not expressly specified
in this chapter, or that are otherwise not prohibited to be charged
by a vendor, such rates shall in no event exceed the rates as determined
and adopted by the New Jersey State Police (NJSP) for the calendar
year in which the service is provided. The NJSP prevailing rates,
which are endorsed by the GSTA and posted on its website at https://gsta.org/state-police-rates/,
shall be presumed fair and reasonable by the Borough for any rates
which are not specified in this chapter. Nothing in this section shall
be read as limiting the Borough's discretion and authority to
amend the rates set forth herein and/or to determine the maximum rates
for services.
H.Â
All towing operators shall post the fees for such services in a prominent
and visible location at the storage facility and shall accept as payment
cash, credit card, debit card, charge card or insurance company check
for all services.
I.Â
The following fee schedule will apply to all Borough-owned vehicles
and any vehicle designated as "exempt vehicle" by the Chief of Police.
These vehicles will be exempt from the fee schedule set above and
the following fee schedule will be applied.
|
Service
|
Fee
|
|---|---|
|
Exempt vehicle tow within 10 miles
|
$0 per hour
|
|
Exempt vehicle tow over 10 miles
|
$100 per hour
|
|
Exempt vehicle tow over 10,001 pounds
|
$275 per hour
|
|
Exempt vehicle storage
|
$0 up to 10 days
|
|
$25/day starting on 11th day
|
A.Â
Every owner and operator of a wrecker shall maintain a written schedule of all rates and charges, in compliance with the limitations of § 406-15 hereof, shall conspicuously display the schedule on the wrecker, and shall make such schedule available to any person requesting same at any time.
[Amended 6-14-2012 by Ord. No. 2012-17]
B.Â
Every wrecker shall plainly and conspicuously post,
in an area within the premises where customers are likely to be present
and at the counter where payment for services is received, a schedule
of maximum fees and towing charges permitted by ordinance of the Borough
of Fort Lee.
[Amended 6-11-2009 by Ord. No. 2009-23]
C.Â
Whenever practicable, the owner or driver of any vehicle
utilizing wrecker services shall be given a copy of a full schedule
of rates at the time the wrecker services are rendered. In any event,
a full schedule of rates shall be annexed to each bill for wrecking
services.
No licensee shall cause or suffer any disabled
vehicle to be stored outdoors upon premises owned or leased by the
licensee for a period in excess of 20 days.
No licensee under this chapter shall, in the
course of providing service, collect parking fees or fees for services
other than those rendered by the licensee.
[Amended 6-14-2012 by Ord. No. 2012-17]
A.Â
No licensee
shall perform private property towing services from commercial private
property or residential private properties except at the discretion
of the Police Department or at the express written request of the
owner or lessee of the property or at the express written request
of both owner or authorized operator of the vehicle and the owner
or lessee of the property.
B.Â
Only Fort Lee licensed companies shall be permitted to tow vehicles under nonconsensual towing conditions. Nothing in this chapter, however, shall preclude any owner or authorized operator of a vehicle from individually contracting with any towing company, providing that Fort Lee based companies shall be licensed pursuant to § 406-2.
C.Â
With the exception of the Fort Lee Police Department and Fort Lee
Parking Authority, it shall be unlawful, under any circumstance, for
any person to immobilize or cause to be immobilized, a vehicle located
in the Borough, which include, but are not limited to locking wheel
boots, windshield blockers and/or the Barnacle.
[Added 12-19-2019 by Ord.
No. 2019-32]
[Added 5-8-2008 by Ord. No. 2008-22]
A.Â
With the exception of the Fort Lee Police Department
and Fort Lee Parking Authority, it shall be unlawful, under any circumstance,
for any person to utilize a locking wheel boot and/or a front or rear
windshield parking violation sticker upon a vehicle located in the
Borough. It shall further be illegal for any person to affix a parking
violation sticker to any other surface of a vehicle that is larger
than six inches by nine inches.
B.Â
In addition to any other penalties which may be imposed
for the violation of any provision of this chapter, any person who
shall violate the terms and conditions of this section shall, upon
conviction, be punished by a fine not to exceed the sum of $1,000.
A.Â
The Police Department of the Borough shall establish annual call
lists for the performance of light-duty and heavy-duty towing and
wrecking services. When a towing company fails to call in to the Police
Department on an assigned date, or does not respond to a towing call
within 20 minutes, such failures to comply with this chapter may subject
a licensee to removal from the towing lists by decision of the Mayor
and Council of the Borough or their designee after a hearing.
[Amended 6-9-2016 by Ord.
No. 2016-23]
B.Â
The Chief of Police shall promulgate and recommend
rules and regulations for the retention and performance of wreckers
and towers, which shall be filed in the office of the Borough Clerk.
All licensees shall be required to contribute on a pro rata basis
the cost of a pager system to be implemented for the purpose of enabling
a shorter response time for requests for towing and wrecker service.
In addition to the carrying of the aforesaid pager system, each wrecker
used and operated pursuant to this chapter shall contain certain designated
equipment: brooms, flares, chains, fire extinguishers, jumper cables,
shovel, air tank, lug wrench, and such other equipment as deemed necessary
at the sole discretion of the Chief of Police.
C.Â
In addition to any other regulations, the towing company
shall, upon request, release personal belongings to the vehicle owner
or authorized designee.
[Amended 6-11-2009 by Ord. No. 2009-23]
Every licensee shall, upon removal or towing
of any vehicle without the express consent of the owner or driver
thereof, immediately notify the Police Department of the year, make,
model and license number of the vehicle, the location from which the
vehicle is removed and the location to which the vehicle is removed.
This notification is to be made in conjunction with filling out a
private property tow report. This report is to be maintained by the
licensee/tow company, along with a clear and detailed copy of the
towing bill, for future reference. The Police Department shall record
this information and assign a confirmation number, which will be given
to the licensee. The licensee will be required to use this confirmation
number as proof of compliance with the terms of this chapter in case
of any dispute. The absence of a confirmation number will be deemed
as proof that the licensee failed to notify the Police Department
when it had towed a vehicle without the express consent of the owner
or driver. The tow notification to the Fort Lee Police Department
is to be made when the vehicle is towed or if it is refused by the
owner or driver who has responded to refuse the tow. The $40 service
charge for refusing the tow service will be documented on the bill
and report.
[Amended 5-25-2000 by Ord. No. 2000-22; 7-24-2008 by Ord. No. 2008-31; 6-11-2009 by Ord. No.
2009-23]
A.Â
Tow companies shall not release a vehicle until the
owner of the vehicle or his designee presents a receipt for the release.
The receipt shall be obtained by the owner or his designee from the
Police Department.
B.Â
Tow companies shall be required to release vehicles
in accordance with the following:
C.Â
After the initial 24 hours of storage, vehicles shall
be released Mondays through Fridays, 8:00 a.m. to 6:00 p.m., and Saturdays,
8:00 a.m. to 12:00 p.m., by the payment of a $35 per day (after first
24 hours) storage fee.
A.Â
Once a tow company is in possession of a towed vehicle
for seven days, then before the 10th day from the date of towing,
the tow company shall submit written notification to the Fort Lee
Police Department of this fact. Written notice to the Fort Lee Police
Department shall be made on forms prescribed by the Fort Lee Police
Department. There shall be an administrative fee of $10 paid by the
tow company with each aforesaid written notice.
B.Â
The Police Department shall then notify the owner of said vehicle of the name of the tow company which is holding the vehicle. Said notification shall also advise the owner of the provisions of Subsection C of this section.
C.Â
If, after 30 days from the date of towing, the vehicle
remains unclaimed, then it shall be deemed abandoned and the borough
shall be entitled to take such action as is permitted under N.J.S.A.
39:10A (Abandoned Vehicle Law).
D.Â
In the event any such vehicle is sold pursuant to
N.J.S.A. 39:10A, the storage and other charges permitted to be charged
by tow companies pursuant to this chapter shall be in accordance with
P.L. 1987, c. 127, and any amendments thereto.
[Amended 6-11-2009 by Ord. No. 2009-23]
Any tow company removing a vehicle from the
scene of an accident in the Borough of Fort Lee shall be responsible
for collecting and disposing of all loose glass, liquid, metal and
other vehicle debris on the roadway in and about the scene of the
accident. The tow company shall further be responsible for sweeping
the roadway before towing away the vehicle from the scene. A fee of
$20 per vehicle will be collected by the tow company if there is a
minor liquid spill from a motor vehicle and absorbent material in
the amount of one bag of absorbent or less is used to clear the scene.
The absorbent material will be provided by the tow company and cleared
away by the tow company. Proper notifications to emergency personnel
should be made in the event that the liquid spill requires a hazardous
material response.
The borough shall charge the tow company the
sum of $50 whenever the borough is required to sell a vehicle. The
fee offsets the borough's cost for advertising, notifications and
titles.
[Amended 6-11-2009 by Ord. No. 2009-23]
There is hereby established a $40 service charge
to be paid by either the owner or driver of any vehicle who refuses
to have his vehicle towed by a tow truck called by the police, or
by the owner or the lessee of the property on which the vehicle is
located. This service charge will be applicable only if the towing
service arrives at the location of the vehicle and begins to chain
the vehicle. If the tow service arrives and does not attach any chains
or tools used for towing, the service charge does not apply.
[Amended 6-14-2012 by Ord. No. 2012-17]
All towing companies shall comply with the provisions of § 410-36G(2), adopted February 9, 1989, which provides as follows:
A.Â
Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from any adjacent property or public street in conformance with § 410-32.
B.Â
With respect to fencing for all autobody shops, auto
storage facilities and towing storage facilities, said fencing shall
be six feet in height with at least 50% of the fence enclosed and
said fencing shall encompass the entire perimeter of the property.
Said fence shall be constructed with material commonly known as a
metal cyclone fence or of material of similar strength.
C.Â
There shall be no break, gate or other means of access
through the fencing required under this chapter with the exception
of direct access to the public thoroughfare.
