[HISTORY: Adopted by the Mayor and Council of the Borough of Andover 7-8-2013 by Ord. No. 2013-3. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 125.
The purpose of this chapter is to establish, pursuant to N.J.S.A. 40A:11-5(1)(u), a list of towing contractors to provide towing services for the Borough of Andover on a rotating basis and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations governing operators engaged in the removal of automobiles.
As used in this chapter, the terms listed below shall be defined as follows:
ABANDONED
Any automobile which is parked without the current year's registration or license plates, as required by law, for a period of more than 48 hours or is positioned so as to constitute an obstruction of traffic.
AUTOMOBILE
Any automobile and any vehicle as defined by N.J.S.A. 39:1-1.
BASIC TOWING SERVICE
The removal, transportation and/or storage of an automobile at the request or call of authorized Andover Borough personnel, the Mayor of Andover Borough or the New Jersey State Police as may be required when abandoned, disabled, damaged in accidents, illegally parked, recovered after being stolen or in cases of emergency, from a highway, street or other public or private road, or a parking area, or from a storage facility, and other services normally incident thereto, but does not include recovery of an automobile from a position beyond the right-of-way or berm.
DISABLED VEHICLE
An automobile which has been abandoned, impounded or rendered inoperable as a result of mechanical failure, involvement in an accident or criminal activity. An automobile whose location constitutes a hazard to the motoring public shall be deemed "disabled" for the purposes of this chapter.
INSIDE BUILDING STORAGE FACILITY
An automobile storage facility which is completely indoors, having one or more openings.
MOTOR VEHICLE ACCIDENT
An occurrence in which an automobile comes in contact with any other object from which the automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental to one person even if caused by the intentional acts of another.
NONBASIC TOWING SERVICES
All towing services which are not basic towing services or are not performed on an automobile as defined herein.
OUTSIDE SECURED STORAGE FACILITY
An automobile storage facility which is not completely indoors and which is secured by a fence, wall or other man-made barrier which is at least six feet high and is protected with on-site security or an alarm system. Outside storage facilities shall also maintain adequate lighting to protect stored automobiles from vandalism and theft.
OUTSIDE UNSECURED STORAGE FACILITY
An automobile storage facility which is not indoors and is not secured by a fence, wall or other man-made barrier which is at least six feet high, as well as all other storage facilities not defined above as inside a building or outside secured.
OWNER
A person, firm, corporation, limited liability company or partnership who or which owns and/or operates an automobile on the roads within the Borough of Andover, which automobile, by reason of being disabled, abandoned or illegally parked on or along a road within the Borough, shall be towed and/or stored.
STORAGE CHARGES
The maximum allowable amount to be charged by a towing contractor for storage of an automobile for a twenty-four-hour period or fraction thereof. The new twenty-four-hour period begins at 12:01 a.m.
TOWING ADMINISTRATOR
The person(s) charged with responsibility for administering and enforcing the provisions of this chapter.
TOWING CONTRACTOR
A towing operator placed on the rotational duty service list to perform towing services for the Borough.
TOWING OPERATOR
A person, firm, corporation, limited-liability company or partnership engaged in and licensed to perform the business of providing towing, road and storage services for automobiles.
TOWING/WRECKER VEHICLE
A truck as defined by N.J.S.A. 39:1-1, designed and employed for the purpose of towing, transporting, conveying or removing any and all kinds of automobiles or parts thereof and equipped with a boom or booms, winches, slings, tilt beds, wheel lifts and under-reach equipment.
The Mayor and/or his/her designee shall administer and enforce the provisions of this chapter.
A. 
The towing administrator shall approve applications for towing contractors to be used on a rotational basis for the purpose of providing basic towing service upon determination by the towing administrator that all requirements have been met. The towing administrator shall supply copies of the list of approved towing contractors reflecting the order of those towing contractors on the list to all approved towing contractors and shall provide them with amended copies of the amended lists as they are amended and updated.
B. 
All towing operators seeking to be placed on the rotational duty service list to provide basic towing services shall submit written documentation that they are in compliance with the qualification requirements set forth in this section on forms provided by the Borough before issuance of a towing contractor's license. Each towing operator must be able to demonstrate to the Borough that he/she or it is qualified and experienced in the towing and removal of automobiles of all types and has adequate facilities, equipment, expertise, licensing and personnel to perform the services required by the specifications set forth in this chapter in a manner satisfactory to the Borough. The towing operator must include with its application a detailed list of the equipment to be used while on the rotational duty service list. The detailed list shall include the following information: type of towing/wrecker vehicle, storage location of automobiles and whether towing/wrecker vehicle is owned or leased. The Borough may conduct background checks of the towing operator, its officers and employees, before making a determination of placement on the towing list, and the towing operator shall execute forms requested by the Borough to facilitate the background check. A high number of traffic violations and/or motor vehicle accidents in the prior 10 years may make a towing operator ineligible, subject to the reasonable discretion of the towing administrator. A conviction for an indictable offense will be considered ample reason to disqualify a towing operator unless waived by the Borough on application for waiver by the towing operator and for good cause.
C. 
A license may be denied, suspended or revoked on any of the following grounds:
(1) 
Submission of a fraudulent or misleading application.
(2) 
A criminal conviction of the towing operator or a named principal of the towing operator.
(3) 
Failure to respond reliably and promptly to calls for assistance or any other unsatisfactory performance action which interferes with the proper operation of the Borough's rotating system.
(4) 
Failure to use safe and adequate equipment.
(5) 
Unsatisfactory better business bureau report.
(6) 
Violations of motor vehicle laws and/or municipal ordinances.
(7) 
Failure or refusal to tow or remove an automobile when requested to do so by an authorized municipal official or by a New Jersey State Police trooper or officer.
(8) 
Violations of ordinances or codes of the Borough of Andover pertaining to the use or condition of the premises used by the towing contractor in conducting the towing business.
(9) 
Failure to conform with zoning, land use and property maintenance codes of the municipality where the towing contractor's facility is located.
(10) 
Violation(s) of provision(s) of this chapter.
D. 
The towing administrator shall have the power to suspend a towing contractor from the rotational duty service list for a period of up to 30 calendar days for failure to comply with this chapter. A subsequent violation may result in the permanent removal of a towing contractor from the rotational duty service list for a twelve-month period. The towing contractor shall be notified, in writing, of such suspension or revocation. A towing contractor may appeal the towing administrator's ruling of a suspension or permanent removal to the governing body of the Borough. In such cases, an appeal shall be filed with the Clerk within 10 days after the towing administrator's decision has been mailed or delivered to the towing contractor at the towing contractor's last known address. The governing body shall render its decision within 20 business days after the conclusion of the hearing. The governing body's determination shall be final and conclusive under this chapter. Any license suspension or revocation shall cause the towing contractor to be removed from the rotational duty service list.
E. 
Licenses expire at 12:00 midnight on December 31 of each year and shall be renewed on January 1 of the following year.
F. 
A towing operator shall be ineligible to serve on the rotational duty service list if that towing operator's storage facility is not located so as to enable arrival to any location within the Borough within 20 minutes of a call under normal traffic conditions.
A. 
The Clerk will maintain the rotational duty service list of towing contractors and determine the time period for each rotation. The list of towing contractors shall be maintained and organized by and under the direct supervision of the Clerk.
B. 
A towing contractor shall be placed on the rotary list in the order in which its application is approved. Each new towing contractor shall initially be placed last on the list. No towing contractor may be listed more than once, and no towing contractor shall be permitted to lease its towing/wrecker vehicles to another towing contractor in order to receive multiple listings.
C. 
Towing services must be available on a twenty-four-hour, seven-day-per-week basis. It is required that a towing/wrecker vehicle be at the location of the automobile to be towed within 20 minutes of the time of the call from the Borough or State Police. If a towing contractor is called and for any reason does not or cannot perform the requested service, the next towing contractor on the list will be called to perform the towing service. If a towing contractor contacted by the Borough or State Police to provide towing service cannot do so, the towing contractor shall immediately notify the Borough and/or State Police, as applicable, so the next towing contractor on the rotational duty service list can be promptly contacted. If a towing contractor fails to respond to the scene of the subject automobile within 20 minutes from the time of the call, the Borough or State Police may contact the next available tow contractor on the rotational duty service list; and the contractor who fails to respond in a timely manner shall not be entitled to payment for services.
D. 
If no towing contractor on the rotational duty service list is available to perform towing services when requested, the Borough may have the towing service performed by a towing operator not named on the rotational duty service list.
E. 
During adverse weather conditions or other emergency conditions, all towing contractors on the rotational duty service list shall give priority to requests for towing services made by the Borough over requests made by third parties.
F. 
Unless heavy or unusual traffic conditions or weather conditions in the Borough prevent a towing contractor from arriving at the scene, failure to respond within the required time frame shall be considered a violation of the provisions of this chapter and shall give the Borough or State Police the right in its sole discretion to call another towing contractor.
G. 
During emergencies or natural disasters, the Borough or State Police shall have the right to contact towing operator(s) who are not on the rotational duty service list.
H. 
The owner of an automobile involved in an accident shall have the right, if so desired, to designate a towing operator of the owner's choice, provided the automobile shall not obstruct the road right-of-way and not be deemed by the Borough or State Police to be a hazard to persons or property or to create an emergency situation affecting health or peace.
A. 
Towing contractors shall be required to purchase, maintain and provide during the time of service on the rotary list, proof of insurance furnished by a reputable insurance company authorized to do business in the State of New Jersey, containing the following coverage with liability limits as set forth below:
(1) 
Comprehensive general liability insurance policy in an amount not less than $1,000,000 combined single limit covering bodily injury and property damage liability, including but not limited to personal injury; product liability (where applicable); independent contractor and completed operation coverage.
(2) 
Garage keeper's liability insurance policy in an amount not less than $100,000. Said policy must include comprehensive and collision, and an endorsement to include "on hook."
(3) 
Automobile liability insurance policy in an amount not less than $1,000,000 combined single limit covering bodily injury and property damage liability, including but not limited to owned, nonowned and hired automobiles.
(4) 
Workers' compensation insurance as required by law, including, but not limited to, statutory New Jersey workers' compensation benefits, and employers liability of at least $100,000 each accident, with a policy limit of at least $500,000 and at least $100,000 each employee.
(5) 
Excess/umbrella liability. In the event that garage liability and/or automobile liability cannot be purchased for the required $1,000,000 minimum, an excess liability or umbrella liability policy must be purchased to affect a total liability limit of $1,000,000. Excess or umbrella liability policies will not be required for garage and automobile policies that meet or exceed the minimum limit of $1,000,000.
B. 
All liability policies shall name the Borough of Andover as additional insured and certificate holder.
C. 
Each insurance policy shall provide that the issuer give the Borough at least 10 days' written notice of its intention to cancel or not renew the policy.
D. 
The towing contractor will execute and deliver to the Clerk an agreement to hold harmless, indemnify and defend, at the towing contractor's expense, the Borough, its employees, officials, agents and representatives and the New Jersey State Police from any and all claims, demands, suits or actions for personal injury or property damage brought against the Borough, its employees, officials, agents and/or representatives and/or New Jersey State Police for any activities which arise out of any services performed under this chapter.
A. 
All towing contractors shall have a primary storage facility established for the use of automobile storage which can accommodate a minimum of three medium-sized automobiles. Such facility shall be located in Andover Borough or within 10 miles of Andover Borough. The storage facilities shall be lighted and fenced and/or secured to guarantee the safe storage of all automobiles in accordance with the minimum requirements for indoor and outdoor secured and unsecured storage facilities as defined by § 124-2 above.
B. 
In addition to other equipment necessary for safe performance of towing, emergency road and storage services, each towing contractor must own and have available at least one towing/wrecker vehicle.
C. 
All towing contractors' towing/wrecker vehicles must be equipped with two-way radio or mobile telephone communications equipment in continuous contact with their principal place of business, including their garages and/or facilities, to ensure availability of services and equipment.
D. 
All towing contractors' towing/wrecker vehicles shall be equipped with brooms, shovels and street-sweeping equipment for the purpose of clearing debris and material off roadways. The towing contractor shall, at the time of removing any automobile and in response to a State Police request, remove from the road any automobile debris or material in the area surrounding the automobile, except for debris or material which may be hazardous such as oil, gasoline, kerosene or other petroleum or chemical products. The cleanup of debris and material shall be performed by the towing contractor without charge to the Borough or the automobile owner.
E. 
The towing contractor's automobiles shall be properly licensed and registered with the New Jersey Division of Motor Vehicles and shall display valid New Jersey commercial license plates.
F. 
The towing contractor's company name, address and telephone number(s) shall be prominently displayed on both sides of all automobiles used to provide towing service.
G. 
The towing contractor is solely responsible for the safety, maintenance and operation of each piece of equipment and automobile used while on the rotational duty service list.
A. 
A towing contractor shall request and obtain police assistance during the course of providing towing, emergency road service or removal of automobiles when the towing contractor finds it necessary to turn around, back up, tow in the opposite direction of traffic or cross a median.
B. 
A towing contractor shall not permit an automobile to be removed from the site of a motor vehicle accident, the scene of a suspected crime or any other instances or situations without permission of a New Jersey State Police trooper or officer.
C. 
Towing contractors shall at all times maintain in good standing all licenses and registrations required by the Division of Motor Vehicles and shall be required to render to the State Police endorsements of same upon request.
D. 
The towing contractor is responsible for ensuring the proper and safe storage of all automobiles towed pursuant to this chapter. The towing contractor's storage facilities shall be available for provision of basic towing service 24 hours per day, 365 days per year. The towing contractor's storage facilities shall be open to the public for at least eight hours each week day (Monday through Friday, not including legal holidays) during normal daytime business hours and for at least three hours on each Saturday and legal holiday during the daytime. No extra charge shall be assessed for releasing automobiles after normal business hours. If the storage facility is not open on a Sunday, the towing contractor shall not charge a storage fee charge for that day. The towing contractor must have an employee on duty at all times at the storage facility while the storage facility is open to the public.
E. 
The towing contractor is liable for any damage to automobiles while in transit or while stored at the storage facility.
F. 
A towing contractor's right to perform services as part of the rotational duty service list shall be nontransferable.
G. 
Towing contractors shall comply with all state and federal laws and regulations concerning wages, hours, terms of employment and nondiscrimination.
H. 
Towing contractors shall maintain records of all automobiles towed, stored and released and of all services rendered. These records shall be kept by each towing contractor in one central area and retained for a minimum of two years. Included in the records shall be the details of each automobile for which basic towing services have been provided together with full information of the towed automobile, the name and address of its owner, and the amounts charged and paid for services. Full information of the towed automobile shall include, but not be limited to, the automobile's license number, VIN registration number, make, model, color and year. A monthly towing record containing the information required hereby shall be filed with the Clerk and shall set forth the details of all tows by automobile type, date, time of day, sector and whether nonbasic towing services were required. Each transaction shall be reported using the invoice number used for billing. The form of these reports shall be approved by the Clerk. The towing contractor shall maintain a record of all personal property in a towed automobile that is observable in sight at the time the automobile comes into the towing contractor's possession. The record book herein described shall be kept available for inspection at all times by the towing administrator who shall also be provided access to records required to be maintained by the towing contractor.
I. 
Each towing contractor shall maintain a separate storage space which shall be clearly marked and adequately segregated from other portions of the storage area and shall be used to store automobiles involved in suspected crimes. Under no circumstances shall a towing contractor tamper with an automobile which the towing contractor knows may have been involved in suspected crimes.
J. 
The Mayor may establish and transmit from time to time to towing contractors such additional rules consistent with the provisions of this chapter as the Mayor shall deem appropriate to carry out the provisions of this chapter. All towing contractors shall comply with said rules; and a violation of a rule shall constitute a violation of this chapter.
A. 
The Mayor and Council shall from time to time by resolution establish the maximum fees chargeable by towing contractors for basic towing services. It shall be unlawful for any towing contractor to charge fees in excess of those prescribed by the Mayor and Council pursuant to this chapter.
B. 
Towing contractors transporting multiple automobiles at one time may charge up to the maximum allowable fee for each automobile so transported.
C. 
Each towing contractor shall provide all automobile owners using the towing contractor's services with a written schedule of fees which lists in full all fees to be charged for towing, storage and road service within the Borough and which shall not exceed the maximum charges set forth on the fee schedule established by the Mayor and Council per this chapter.
D. 
The towing and storage fee schedules of all towing contractors serving the Borough on a rotational basis shall be filed with the Clerk and shall be made available to the public during normal business hours on request.
E. 
The towing contractor shall inform the Clerk, in writing, at least 10 business days before amending the towing contractor's towing and storage charges. The amended rates shall not exceed the maximum amounts for towing and storage established by the Borough.
F. 
Towing contractors shall not request payment from the Borough for basic towing services, and the Borough shall have no obligation to pay towing contractors for such services.
G. 
Towing contractors shall not remove an automobile from a road within the Borough if it is evident that the automobile may contain hazardous waste, unless the towing contractor first receives permission from the Sussex County Hazardous Waste Materials Coordinator to remove the automobile. Failure to comply with the provisions of this subsection shall constitute a violation of this chapter and result in forfeiture by the towing contractor of monies otherwise due for removal of the automobile.
H. 
This chapter does not prohibit towing contractors from charging additional fees for nonbasic towing services authorized by the owner of an automobile. Fees for nonbasic towing services shall be based on the towing contractor's prevailing hourly labor rates and charges for parts or materials, and the towing contractor shall inform the owner of the automobile of those hourly labor rates and the estimated total cost for parts or materials before performing those services.
I. 
Fees shall be disclosed by towing contractors through the use of a notice on the front or top page of all invoices or receipts. The rates applicable to basic and nonbasic towing services shall be posted in a conspicuous place visible to the public at the towing contractor's place of business.
J. 
The towing contractor shall accept from any owner, or his representative, methods of payment in the form of cash, certified check, money order and at least one major credit card. The contractor is not required to accept personal checks for payment.
K. 
The towing contractor shall at its expense prepare a printed bill for distribution to the customer reflecting the fees charged. The bill shall also include the information set forth in Subsection L and a statement to the effect that all complaints shall be referred to the Clerk.
L. 
Pursuant to N.J.S.A. 40:48-2.54, the owner of any automobile whose automobile is towed and/or stored other than at the owner's request may submit complaints and/or report disputed fees, in writing, to the Clerk. After receipt by the Clerk of such complaint in writing, the Mayor and Council shall arrange for investigation of the owner's allegations and report the outcome of the investigation to the owner within 40 days of the Borough's receipt of the written complaint.
Any person knowingly violating a provision of this chapter shall be suspended from the rotational duty service list and shall be liable for the general penalty set forth in § 1-15, Standardization of penalties, of the Borough Code. Each and every violation of this chapter and each and every day a violation shall continue shall be construed as a separate and distinct offense.
Nothing in this chapter shall be construed to impose responsibility or liability on the Borough nor to relieve a towing contractor or automobile owner from such responsibility and liability.
Each clause, sentence, phrase, paragraph, or subsection of this chapter is declared to be an independent clause, sentence, phrase, paragraph, or subsection, and the finding or holding of any such portion of this chapter to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this chapter.