[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 12-9-2015 by Ord.
No. 2015-08.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 181A,
Towing, consisting of Art. I, Towing Authorized by or for the Borough
of Kenilworth, adopted 12-14-1993 by Ord. No. 93-27, as amended, and
Art. II, Towing of Vehicles from Private Property, adopted 9-23-1998
by Ord. No. 98-26.
A.
The purpose of this ordinance amending Chapter 181A is to promote the public safety and welfare within the Borough and to update the Borough's towing laws to conform to the statutes and regulations of the State of New Jersey for the nonconsensual towing of all motor vehicles from private property within the Borough of Kenilworth. In addition to the foregoing purpose, this chapter establishes mercantile licensing and rules and regulations associated with the towing and storage of motor vehicles from private property from within the Borough of Kenilworth when the services are not contracted for by the owner, operator or designated agent for the vehicle.
B.
This chapter
is only applicable to vehicles that are towed without the expressed
permission of the owner or driver and when the tow is not initiated
by the Borough of Kenilworth.
All tow operators engaged in nonconsensual towing or recovery
of motor vehicles from private property (without the express permission
of the owner or operator) shall comply with the minimum requirements
mandated by the regulations promulgated in the State of New Jersey
by the Department of Consumer Affairs (DCA) and as they may be amended.
A.
No entity or individual shall operate a towing service for nonconsensual
towing initiated within the Borough limits unless such entity or individual
shall have obtained a towing license issued by the Borough Clerk for
Kenilworth, in accordance with this chapter.
B.
No license shall be issued without first having the designated member
of the Kenilworth Police Department inspect the applicant for compliance
with this chapter. The applicant inclusive of any tow truck driver,
officer, director, limited liability member or stockholder with control
or ownership (directly or indirectly) who holds in excess of 9% ownership
may have been convicted of a crime under Title 2C of the New Jersey
State Statutes other than a disorderly person (DP) offense within
the prior three years or have been found guilty by a court of law
of a crime or event of moral turpitude.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
The initial license fee for an applicant is included in Chapter 91, Fees and Licenses, which shall be paid to the Borough prior to the inspection with the completed application as formulated by the Chief of Police and the Borough Attorney. The application shall include fingerprints for all drivers, owners, managers and officers for the tow truck company. Once a completed application is received by the Police Department, it shall be reviewed and acted upon within 30 days. Any application materially incomplete or deficient for cause shall be subject to re-examination upon completion with an additional charge as set forth in Chapter 91, Fees and Licenses, provided that it is supplied within 14 days after receipt of the Police Chief's detailed explanation for the failure to issue a license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
The license to tow from private property shall commence on the first
day of the month following approval by the Chief of Police and remain
valid for 12 months. During said period, any new employees shall provide
their fingerprints to the Chief of Police within 10 days after first
day of employment.
E.
During the 11th month of the annual license, the applicant desirous of continuing as a nonconsensual tower from private property shall resubmit an initial application to the Borough Clerk with any changes that are to be highlighted in yellow and an application fee as set forth in Chapter 91, Fees and Licenses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
The towing services must utilize a secured storage site enclosed
that is properly zoned and which is located less than 13 aerial miles
from the Borough's Police Department and the driving time from
the Borough must take no more than 30 minutes during normal driving
conditions on or about 12:00 noon on a weekday. When calculating distance
and/or time, the Garden State Parkway shall not be utilized.
G.
No Borough of Kenilworth employee or former law enforcement officer
having served in said capacity within the prior five years within
Union County shall be employed by the towing operator.
H.
Once a vehicle that is being towed without the owner's consent
from private property, the tower shall immediately report to the Kenilworth
Police Department prior to taking it to its storage yard and shall
advise the dispatcher on duty of the make, model and plate number
of the vehicle being towed, the location from which it has been removed,
to where the vehicle is being taken for storage and any obvious preexisting
body damage, in writing, on the form approved by the Chief of Police.
The tow operator shall leave with the dispatcher a business card for
the tow service at that time.
No towing license shall be transferred from the entity or individuals
named on the initial application. No towing license may be operated
under a managerial contract.
A.
Licensed towing services may only charge fees to vehicle owners for
the following services:
(1)
Basic tow, which shall be a maximum flat fee of $160 for light-duty
tows and $800 for heavy-duty tows.
(2)
Storage charges at a towing company's storage facility shall
be based upon a twenty-four-hour day with the first two hours without
cost to the patron. Thereafter, a maximum daily rate for each full
day shall be $50 for light-duty tows and $150 for heavy-duty tows.
If the heavy-duty tow is for a tractor-trailer combination, then the
total charge is $500.
(3)
Any vehicle that is still on the private property when attached to
the tow truck must be released to the operator for 25% of the tow
charge.
B.
No towing service may use the New Jersey Parkway in conjunction with
the service provided under this license unless authority to do so
has been granted by the New Jersey Turnpike Authority.
C.
A licensed towing service that engages in private property towing
from property within the Borough shall calculate storage fees based
upon full twenty-four-hour periods a motor vehicle is in the storage
facility. For example, if a motor vehicle is towed to a storage facility
at 8:00 p.m. on one day and the owner of the motor vehicle retrieves
the motor vehicle before 7:30 p.m. the next day, the towing company
shall charge the owner of the motor vehicle only for one day of storage.
If a motor vehicle is stored for more than 24 hours, but less than
48 hours, the towing company may charge for two days of storage.
D.
A towing company performing a private property tow or other nonconsensual
tow shall take the motor vehicle being towed to the towing company's
approved storage facility as registered with the Borough and to no
other yard.
E.
The bill for any tow allowed herein shall include the time at which
a towed motor vehicle arrived at the towing service's storage
site, the time the request was initiated, the time the tow truck operator
arrived at the site of the tow and the date and time the vehicle was
retrieved.
F.
In addition to the fees allowed to be charged against towed vehicles
within this section, the Borough shall charge an administrative charge
of $25 for the release of the vehicle which is to be collected by
the tower and paid to the Borough monthly with an accounting of the
number of tows, the itemized statement and additional information
as may be reasonably required by the Chief of Police to ensure compliance
with this chapter.
A.
All persons operating a towing vehicle within the municipality, and
all their agents, shall keep in their possession business cards with
the name of the company and the address of the place of business and
the telephone number along with the hours of operation.
B.
The bill shall contain the following information:
C.
All bills for services, estimates and contracts relating to the towing
of vehicles by licensees shall be in writing and shall conform to
the provisions of this chapter and state law. No oral agreements shall
be made with vehicle owners or authorized agents of owners.
D.
The licensee shall keep an accurate record of all towing calls made
at the request of the Borough. The Borough shall be provided with
a copy of all bills and invoices relating to the licensee's services
to the Borough for the preceding month on or before the second Monday
of the month along with the administrative fee.
E.
The Borough shall have no financial responsibility for the services
provided by towing services within the Borough, unless provided for
in N.J.S.A. 56:13-7 or N.J.A.C. 13:45A-31.1.
F.
Towing services operating within the Borough shall abide by all state
statutes, rules and regulations, and any violation of a state statute,
rule or regulation shall be considered a violation of this chapter
which may affect the rights of the licensee.
G.
The licensee shall maintain records of all vehicles towed, stored
and released by it. Records shall be kept for a four-year period.
These records shall include the name and contact information of the
person summoning the licensee, name of towing employee, the date and
time of tow-in, destination towed, vehicle tag number and state, vehicle
identification number, make, model, color and year of vehicle, itemized
charges to the owner of the vehicle and the disposition of the vehicle
and date and time thereof.
H.
The Chief of Police shall, upon request, have immediate access to
any and all of the required records during normal business hours during
the week.
I.
The licensee must permit payment of fees by the use of at least two
major credit cards. The Borough will not be held liable for, or assist
the licensee in, the collection of any unpaid fees that were incurred
under the provisions of this chapter. Any individual that fails to
honor a charge made on a credit card or issued a check that was not
honored in payment for the services rendered by the tower may be charged
under Title 2C of the New Jersey Statutes with a theft of services
or theft by deception in the Municipal Court for the Borough.
J.
Any vehicle that remains in the custody or control of the tower for
more than five business days shall be reported to the Borough Clerk
and the Chief of Police, in writing, before the ninth business day
from the date it was removed from the private property. Failure to
comply with this provision shall reduce the tower's entitlement
for storage charges to $1 a day for said vehicle. If the vehicle remains
more than 30 days in storage without being reported to the Borough,
the tower and its principals shall have their license revoked for
three years.
The provisions of this chapter shall be enforced by the Kenilworth
Police Department.
A.
In addition to any other penalties set forth within this chapter
or under other Borough ordinances or under state laws for violations
by licensees, the Police Chief may recommend to the Public Safety Committee
of the Borough's governing body suspension or revocation of license,
after notice and an opportunity to be heard, suspend a license for
a period of no less than one week nor more than five weeks or, for
continued violations after a period of suspension, revoke any license
for any remaining period or any portion thereof.
B.
For severe violations and/or recurring violations, the Chief of Police
may, after notice and an opportunity to be heard before the Police
Committee of the Borough Council, revoke any license and, in addition,
use such violation as the determining factor for refusing to approve
subsequent annual applications for a period of not less than one month
but no more than 12 months.
C.
Hearings held before the Public Safety Committee shall be open to the public
and held within 10 business days unless an adjournment is requested
by either party for up to 10 additional days.
A.
Unless otherwise specified herein, any individual and/or entity violating
any provision of this chapter shall, upon conviction thereof before
the Municipal Court, be subject to a fine not exceeding:
(1)
For the first offense: no less than $50 and up to $100 in any calendar
year.
(2)
For the second offense: not less than $250 nor more than $500 in
any calendar year.
(3)
For the third or subsequent offense: not less than $500 nor more
than $1,000 and/or imprisonment for a period not exceeding five days,
or both.
B.
The actual amount of each penalty shall be determined by the sound
discretion of the Municipal Judge. In addition to the aforementioned
penalties, and as provided for herein, violations of this chapter
may subject the license to suspension or revocation as provided for
herein and the violation may be reported to the Attorney General responsible
for predatory towing.
C.
If the Chief of Police determines that the tower should have its
license suspended or revoked, written notice shall be sent by certified
mail to the tower. No suspension or revocation of a license shall
become effective until a full five business days after posting by
certified mail of the determination to suspend or revoke a license.
Prior to bringing any formal complaint before the Municipal
Court or the Department of Community Affairs for inadvertent disputed
charges, the charged party disputing any charge must notify the Borough
Clerk within 14 days of payment having been tendered. Thereafter,
the Chief of Police shall investigate the basis of the dispute and
make a nonbinding recommendation to the tower within 15 days. If the
complainant accepts the payment as recommended by the Chief of Police,
then the complainant formally waives any further action or claim against
the tower.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any applicant which is denied an application to tow from private
property as a nonconsensual tower within the Borough or which has
its license suspended or revoked shall be entitled to a hearing before
the Public Safety Committee within the following 10 days, provided that a
written request is received by the Borough Clerk and the Borough Attorney
who shall serve as a hearing officer. If three members of the Police
Committee are unavailable to hear the matter, then any other member
of the governing body may sit as a hearing officer.
Each section, subsection, sentence, clause and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause and phrase, 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.
All Borough ordinances and parts of ordinances that are inconsistent
with this chapter are hereby repealed.
The existing tower for the municipality shall continue to serve
the Borough with the above rate schedule until this chapter shall
be in full force and effect. This chapter is effective after its adoption
and its publication as required by law.
