[HISTORY: Adopted by the City Council of the City of Englewood 6-8-1978 by Ord. No.
23-16 (§§ 10-62 to 10-82 of the 1978
Revised General Ordinances); amended in its entirety 12-20-2016 by Ord. No. 16-17.
Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The removal and transportation of an automobile or solid
debris resulting from an accident, motor vehicle crash, or otherwise
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, or from being impaled upon any other
object within the right-of-way or berm.
A motor vehicle of any type used in the conduct of any business
of professional conveyance, or used as a public or livery means, for
the paid conveyance of passengers.
A vehicle storage facility that is completely indoors, having
one or more openings in the wall, for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which a motor vehicle of any type comes
into contact with any other object for which the private passenger
automobile must be towed or removed for the placement in a storage
facility. This includes all situations which are accidental as to
the owner or operator of the motor vehicle even if they were caused
by the intentional acts of a perpetrator where the perpetrator was
not the owner of the motor vehicle.
Entities which:
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier. The facility is
to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as "inside building" or "outside
secured."
A motor vehicle of a private passenger or station wagon type
that is owned or leased and is neither used as a public or livery
conveyance for passengers nor rented to others with a driver; and
a motor vehicle with a pickup body, or delivery sedan, a van, a sport
utility vehicle (SUV), or a panel truck or a camper-type vehicle used
for recreational purposes owned by an individual not used in the occupation,
profession, or business of the owner(s).
The maximum allowable amount to be charged by a storage facility
for a calendar day or portion thereof. A new calendar day begins at
12:01 a.m.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where
the tow vehicle is stationed when not in use.
A.
The governing body of the City of Englewood shall appoint companies
meeting the criteria set forth in this chapter and engaged in the
business or offering the services of a motor vehicle towing or wrecker
service, whereby damaged, disabled or impounded motor vehicles are
towed or otherwise removed from the place where they are damaged or
disabled, by use of a tow vehicle, as defined in this chapter. Such
persons or companies shall be known as "official towers."
B.
After January 1, 2018, all official towers are required to have their
primary business address and center of operation, along with their
primary storage area, located within the geographical limits of the
City.
[Amended 12-18-2018 by Ord. No.
18-17]
C.
Official towers shall be identified by means of a license which shall
be issued hereinafter provided.
D.
From calendar year to calendar year, the list of official towers
will remain as is, provided:
E.
If an official tower is denied renewal for any reason in this ordinance
and seeks subsequent return to the official towers list, the application
will be treated as a new application as of the date of receipt of
such request.
F.
In addition to the rules and regulations set forth herein, the State
of New Jersey, the Federal Government and the Division of Consumer
Affairs have further statutes, rules and regulations with regard to
towing operation business and the conduct and licensing of operators
thereof and all such statutes, rules and regulations must be complied
with.
A.
All official towers shall furnish adequate and proper wrecking, towing,
storage and emergency repair services to any motor vehicle located
within the geographic limits of the City or outside City limits, as
requested by an authorized representative of the police department
or when requested to do so by an authorized City official. The official
tower must be available on a twenty-four-hour-a-day basis, seven days
a week, as scheduled by the City.
B.
A maximum response time of 20 minutes will be expected from each
tower called by the Police Department. If the first called tower fails
to respond within the expected response time with the proper equipment
to safely and properly complete the task, the next official tower
will be called. Failure to respond within the stated response time
will be considered a violation of the license, and repeated violations
will result in suspension of the official tower license.
C.
The official tower shall provide towing for police and other City
vehicles as requested by an authorized representative of the Police
Department or when requested to do so by an authorized City official.
D.
Official towers are and remain responsible for coverage for all periods
for which they are scheduled. Should the scheduled tower require another
tower to cover a portion of the assigned schedule, (i) the substitution
must be approved in advance by the Officer in Charge (OIC) of the
Police Department Traffic Unit or his designee and (ii) the covering
tower must be another licensed City tower. Unauthorized arrangements
for coverage may result in the removal of the official tower and/or
the alternate tower from the official tower list.
E.
Substitution of towers under the immediately preceding Subsection D is limited to 10 per calendar year. Should alternate coverage in excess of 10 be required, the requesting official tower will be removed from the City's official tower list.
F.
Official towers are limited to no more than three missed tows during
a calendar year. A missed tow in excess of this number will constitute
a ground for removal from the official tower list for the remainder
of the calendar year or such other period determined in the sole discretion
of the City.
G.
The official tower shall be responsible for removing all solid and
sweepable debris resulting from a motor vehicle crash.
H.
When requested either verbally or in writing by the Police Department,
the official tower shall be responsible for the preservation of evidence.
I.
The official tower shall comply with all state and federal laws and
regulations concerning wages, hours and terms of employment.
J.
The official tower will be required to file an employment nondiscrimination
statement.
K.
The official tower will be required to establish and display to the
public procedures for notification of vehicle owners regarding storage
fees and removal of vehicles from storage.
L.
The official tower will be responsible for all fees associated with
the issuance of junk and resale titles. Additionally, any official
tower participating in an authorized public auction of City towed
vehicles shall be responsible for all costs associated with the mandatory
public notice. In situations where more than one official tower is
participating in the auction, the cost will be equally divided.
A.
Application.
(1)
Applications for inclusion on the official tower list shall be made
upon a form provided by the City Clerk and shall consist of an original
and two true copies, containing the following information:
(a)
The complete name of the applicant (including the complete corporate
and any "doing business" names).
(b)
The residence and any other business address and telephone numbers,
including cell phone numbers, of the owner or the applicant. If the
applicant or the owner is a corporation, the application shall contain
the name, residence and business address, and telephone number of
every stockholder or member. All owners are required to be listed
on the application along with their addresses and telephone numbers,
including cell phone numbers.
[Amended 12-18-2018 by Ord. No.
18-17]
(c)
The name, date of birth, and driver's license number of
all employees acting in the capacity of tow truck driver. Only authorized
drivers listed on the application will be permitted to respond on
behalf of the company.
(d)
Proof of ownership or valid lease of the vehicles which will
be utilized to provide services pursuant to this chapter.
(e)
Proof of ownership or valid lease of the proposed vehicle storage
area which will be utilized to provide services pursuant to this chapter.
(f)
Such information as may be required by the Mayor and Council
concerning the personnel, vehicles, equipment, storage facilities
and complaint history of such applicant, all as hereinafter provided,
showing that the applicant meets the minimum standards of performance.
(g)
A certificate or certificates of insurance evidencing adequate
insurance coverage as hereinafter provided naming the City as additionally
named insured.
(h)
The names and addresses of two business references that have
knowledge of the applicant's business practices for (at least)
the two years preceding the date of the application.
(i)
A fee of $175 to cover the administrative expenses incurred
by the City in processing the application. Applications received after
November 30 will incur an additional fee of $100.
(2)
An applicant may submit only one application. Persons or entities
with ownership interests in the applicant may not submit applications
for, on behalf of, or in regard to any other applicant. An applicant
may list more than one applicant-company vehicle on its application.
B.
Upon receipt of a complete application, the City Clerk will forward
at least one copy to the Chief of Police for review and approval.
Review by the Chief of Police shall consist of the following:
(1)
Review of a background check, completed by an authorized independent
authority/company chosen by the City and paid for at the applicant's
expense, to determine if either the applicant or the applicant's
personnel have been convicted of a criminal offense. Authorized police
personnel will also review the driver's license history of the
applicant and his employees to determine if there have been any driver's
license suspensions or revocations within the last year. Conviction
of a criminal offense shall be cause for disqualification from the
official tower list. Suspension of a driver's license within
the past year shall be cause for disqualification from inclusion on
the official tower list.
(2)
Inspections of the vehicles, equipment and storage area proposed
to be utilized by the applicant to verify the accuracy of the information
contained in the application and to determine ability to comply with
applicable laws, regulations and the standards of performance required
by this chapter.
(3)
If deemed necessary, interviews with the applicant and the applicant's
personnel.
C.
The Chief of Police will conduct the review and render a report to
the City Clerk, recommending either approval or denial of the application
and the reasons therefor, within four days of receipt of the application
from the City Clerk.
D.
Written notice of the approval or denial of the application will
be provided by the City Clerk to the applicant within two days of
the decision of the Chief of Police.
E.
If the Chief of Police fails to take action within 45 days of receipt
of a complete application by the City Clerk, the application shall
be deemed to have been denied.
F.
An applicant may be included on the official tower list when, from
a consideration of the application and from such other information
as may otherwise be obtained, the Chief of Police finds that all of
the following circumstances exist:
(1)
The applicant has not knowingly, and with intent to deceive, made
any false, misleading or fraudulent statements of material fact in
the application or in any other document required pursuant to this
chapter or which was submitted to the City in connection with the
application.
(2)
The applicant has met the standard of performance described in this
chapter and has furnished the required hold-harmless agreement and
proper certificate(s) of insurance.
(3)
Neither the applicant nor the applicant's personnel have been
convicted of a criminal offense nor had their driver's license
suspended within the last year.
A.
Upon approval of the application as herein provided, the City Clerk
will issue the applicant an official tower's license for each
tow vehicle or flatbed vehicle to be utilized in providing services
pursuant to this chapter upon payment of the processing fee of $175
for the application, a fee of $100 for the first license and $50 for
each additional license requested under the application.
B.
The official tower license shall be displayed in the rear window
of the tow vehicle of flatbed vehicle to which it is issued so as
to be visible to the public at all times. The license is not transferable
to any other vehicle, and only those vehicles displaying a license
shall be authorized to perform the duties of official tower.
C.
The official tower license shall be valid for a period of one year
beginning on January 1 of the calendar year and shall be nontransferable.
This license shall be subject to revocation by the Chief of Police
for any of the following reasons:
(1)
If it is subsequently determined that an applicant or official tower
knowingly, and with intent to deceive, made false, misleading or fraudulent
statements of material fact in the application or in any other document
required pursuant to this chapter or which was submitted to the City
in connection with the application or official tower license.
(2)
Citation for violation of any federal or state law or municipal ordinance
or regulation relating to the operation of a motor vehicle or the
provision of towing services.
(3)
Citation for violation of any law, rule or regulation promulgated
by the New Jersey Department of Insurance or the New Jersey Division
of Consumer Affairs.
(4)
Unsatisfactory service provided pursuant to this chapter, including
but not limited to:
(a)
Repeated failure to respond within 20 minutes to calls for assistance
from the Police Department or any other City agency or employee, or
any other action which interferes with the proper operation of the
rotating system maintained by the Police Department.
(b)
Failure or refusal to tow or remove a motor vehicle when requested
to do so by the Police Department or any other agency or employee
of the City.
(5)
Disposal of any vehicle prior to the issuance of a junk or resale
title to the licensee.
(6)
Any other violation of any provision of this chapter or condition
of the towing application.
(7)
Violation of any provision of this chapter on three or more occasions
shall result in revocation of the license.
D.
If the official tower license is not revoked by the Chief of Police,
the license will be renewed upon receipt of the completed City tow
application and the payment of the renewal fee of $175 payable in
advance for the next year on or before November 30; and a satisfactory
inspection of the licensed vehicle(s) by the Englewood Police Department
Traffic Unit.
E.
No official tower license is required for the on-site repair and/or
towing or storage of any vehicle when the request is received by the
official tower from the owner of a vehicle.
No license shall be issued to any applicant whose business is
owned in whole or in part by any member of the Police Department or
any other City official or employee, or in whose business any member
of the Police Department or any other City official or employee is
employed or has any interest of any kind, or from whose business any
member of the Police Department or any other City official or employee
receives any financial benefit of any kind, directly or indirectly.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A.
Minimum requirements.
(1)
Every official tower shall maintain and have available to render
services required by this chapter a minimum of one regular tow vehicle
and one flatbed vehicle.
(2)
Vehicle classes.
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a tow sling or wheel lift assembly with a
cable attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate transporting of
vehicles.
B.
Minimum equipment requirements.
(1)
Every tow or flatbed vehicle shall be properly licensed and registered
with the New Jersey Division of Motor Vehicles. All vehicles shall
display New Jersey commercial license plates. If required, vehicles
shall have a valid inspection certificate.
(2)
Every tow vehicle or flatbed vehicle shall be equipped, at a minimum,
with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours. The size and locations of these lights must conform to the
New Jersey Division of Motor Vehicle standards.
(b)
Safety tow lights or magnetic tow lights affixed on tow vehicles
at night, red colored, when other lights not available.
(c)
Extra chains and cable for pulling or securing a towed vehicle.
(d)
At least one heavy-duty broom, a shovel, a crowbar or prybar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of a motor vehicle crash or behind
a disabled vehicle, and a sufficient quantity and types of tools to
enable the tow vehicle operator to perform proper and adequate emergency
repair services for the tow.
(3)
Every tow or flatbed vehicle shall be in compliance with any and
all applicable state, federal and local laws, regulations and ordinances
pertaining to safety, lighting and towing equipment requirements,
and shall be subject to inspection by the Chief of Police or his designee
at any time. No structural or other change may be made to an inspected
vehicle or equipment unless prior written approval is obtained from
the City.
(4)
Every tow or flatbed vehicle employed by the official tower pursuant
to this chapter shall display the official tower license and shall
have the name of the official tower displayed on the vehicle in such
manner and of such lettering as conforms to the provisions of N.J.S.A.
39:4-46.
C.
Minimum personnel requirements. All persons employed by the official
towers to provide services required by this chapter shall meet the
following requirements and be subject to the following regulations.
They shall:
(1)
Have a valid New Jersey auto driver's license or commercial
driver's license (where required) having no restrictions or conditional
endorsements other than a condition requiring the wearing of eyeglasses.
(2)
Be mentally alert at all times.
(3)
Obey all traffic laws, regulations and City ordinances.
(4)
Be subject to interview, and be approved, by the Chief of Police
of the City prior to rendering any services pursuant to this chapter.
(5)
Not have been convicted of a criminal offense; further not having
the driving privilege suspended or revoked within the last year.
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building or outside
secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing a minimum of 25
medium-sized vehicles. All impounded vehicles shall be held in a secure
area, located either inside or outside in the secured storage area.
Additionally, the official tower must have access to a secure indoor
storage facility capable of storing a minimum of one vehicle at the
request of the Police Department. Notwithstanding the 25 minimum storage
requirement, adequate storage must be provided and under no circumstances
shall vehicles be stored on public street or any location where storage
is not permitted.
[Amended 12-18-2018 by Ord. No.
18-17]
(b)
The location of both the primary storage area and the tow company's
base of service shall be within the geographic limits of the City.
(c)
The storage area shall be fully enclosed by a six-foot-high
privacy and sturdy fence with at least one lockable gate for ingress
and egress and shall be lighted from dusk to dawn in order to guarantee
the safe storage of all vehicles. The fence shall otherwise meet the
requirements of the City ordinance governing fences.
(d)
The storage facility shall be available to the official tower
24 hours a day, 365 days per year, and shall be open to the public
on weekdays during normal business hours and for limited hours on
weekends. The minimum hours for recovery of released vehicles shall
be from 8:00 a.m. to 6:00 p.m. on weekdays, and from 8:00 a.m. to
12:00 noon on Saturdays. Recovery of vehicles on holidays, Sundays
or weekday and Saturday hours beyond those specified above may be
subject to arrangement by the vehicle owner and official tower. Vehicle
recovery hours shall be posted in a conspicuous location visible to
the public.
(e)
The official tower shall not charge an additional release fee
or make any other charge for releasing a vehicle to its owner after
normal business hours or on weekends.
(2)
The official tower shall be responsible for ensuring the proper and
safe storage of all vehicles towed pursuant to this chapter. The official
tower shall be liable for any damage incurred by such vehicles while
in transit to or while in the storage areas.
(3)
The official tower is prohibited from piling of vehicles or parking
on public streets or sidewalks.
No license shall be issued hereunder unless storage and business
premises comply in all respects with the provisions of the Zoning
Ordinance, property maintenance code, and all other applicable ordinances
or codes of the City of Englewood pertaining to the use or condition
of such premises and unless the City Clerk is satisfied that the said
storage premises have sufficient capacity to store such vehicles in
conformity with the provisions of the zoning ordinance, property maintenance
code,[1] and other applicable ordinances and codes and all applicable
provisions of this chapter.
A.
The City will request wrecking, towing and storage services from
each official tower in daily rotation so as to assure equal treatment
of all licensees. When called, the official tower shall advise the
dispatcher if a tow vehicle is available and the estimated time of
arrival. All towing services shall respond to a call in any part of
the City of Englewood within 20 minutes. If a towing service does
not respond within 20 minutes of a call, the towing service next on
the list shall be called and entitled to provide services as needed,
and the first towing service shall lose any claim to compensation.
B.
Official requests for service may be made by the City Manager, City
Clerk, the Superintendant of Public Works or any member of the Police
Department or Fire Department.
C.
The City will request service only from official towers; provided,
however, that if no emergency or road hazard exists, the City will
request service from such other person as the owner of the vehicle
in need of such services may request; and provided further that, if
no official tower is available or able to provide services as requested
by the City, or if an emergency exists, the City may request service
from any other available source.
D.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, as determined in the sole discretion of the City, official
towers shall give priority to requests for service received from the
City over all requests received from any other source.
E.
In event of a high volume of tows, i.e., snow removal, it will be
at the discretion of the OIC of the Traffic Unit or his designee to
call the next tow company on the schedule and so on, to supplement
the tow company on duty.
To qualify as an official tower and to maintain the official
tower's license, all applicants and official towers shall agree
in writing to assume the complete legal defense costs (including attorneys'
and all other experts' fees, costs and the reasonable disbursements)
of the City in any mediation, arbitration or action of any kind (including
all appeals), and to fully and completely indemnify and hold harmless
the City, the City's elected officials, boards, commissions,
officers, employees and agents from any and all suits, actions, damages,
claims, liabilities, expenses, losses, or judgments, of any kind and
of any nature whatsoever, asserted against the City resulting from,
caused by, arising out of or incurred as a consequence of the official
tower's provision of towing, wrecking, storage and/or emergency
services, including any and all ancillary or related services, provided
at the request of the City pursuant to this chapter.
A.
No person or entity shall be included on the official tower list
unless and until the City has been provided with an appropriate certificate
or certificates of insurance evidencing that there is in effect the
following insurance coverage:
(1)
Automobile liability insurance issued by a financially sound insurance
corporation of, or licensed to transact business in, the state, insuring
the licensee and every tow truck operator against liability imposed
by law for damages because of bodily injury, including death, sustained
by any person and injury to or destruction of property, including
the loss of use thereof, caused by accident and arising out of the
ownership, maintenance or use of tow trucks of the licensee. The amount
of the limits of liability coverage to be offered by such policy shall
be not less than $500,000 for bodily injury to each person, $1,000,000
for bodily injuries in each accident and $500,000 for property damage
in each incident.
(2)
Workers' compensation as required by the State of New Jersey,
including employer's liability coverage with a limit of at least
$1,000,000.
(3)
Garage keepers' policy in the amount of $250,000 for any one
claimant and $500,000 coverage for property damage for any one event.
This police must include on-hook coverage of at least $100,000.
(a)
Garage liability in an amount not less than $500,000 for personal
injury and $100,000 for property damage.
(b)
Comprehensive general liability and auto insurance, in the amount
of not less than $1,000,000 for personal injuries, per occurrence,
and $1,000,000 for property damage, per occurrence, including premises
operations and products/completed operations.
(c)
Umbrella or excess insurance in the amount of $1,000,000.
B.
Policies of insurance shall contain endorsements to provide collision
coverage for vehicles in tow.
C.
Policies of insurance shall be written by insurance companies licensed
to do business in the State of New Jersey. Insurance companies shall
be acceptable to the City and shall have an A.M. Best rating of A-
or better.
D.
The City of Englewood shall be named as an additional insured on
all policies of insurance provided pursuant to this chapter. All certificates
of insurance shall provide that the policies may not expire, be cancelled,
terminated or have coverage decreased in the absence of 30 days'
written notice to the City.
E.
Policies of insurance required by this chapter shall be maintained
in full force and effect at all times. In the event any insurance
coverage required by this chapter is cancelled, terminated, interrupted
or decreased in amount, the official tower's license is automatically
suspended until such time as the required coverage is reinstated or
replaced and the circumstances are investigated by the Mayor and Council.
A.
Fees for towing of any vehicle damaged in a crash, disabled or impounded,
are as set forth below and may not exceed the fees established by
N.J.S.A. 40:48-2.54 or by the New Jersey Division of Consumer Affairs
in the Department of Law and Public Safety pursuant to N.J.S.A. 40-48-2.55.
Clean up and sweep up of solid debris is included in these fees.
(1)
Class I vehicles including motorcycles GVWR to 6,000 pounds: $120.
(2)
Class II vehicles GVWR 6,001 pounds to 12,000 pounds: $160.
(3)
Heavy-duty vehicles GVWR 12,001 pounds to 26,000 pounds: $300/hr.
(4)
Heavy-duty vehicles GVWR 26,001 pounds and above: $400/hr.
(5)
Any City-owned vehicles up to GVWR 12,000 pounds towed within City
limits: $20.
(6)
Any City-owned vehicles up to GVWR 12,000 pounds towed outside City
limits: $30.
B.
Additional services:
(1)
Per 1/2 hour for winching, rolled vehicles, cleanup beyond clearing
the motor vehicle crash site, etc.: $50.
(2)
Per 1/2 for the same services performed on a heavy-duty vehicle/truck:
$100.
(3)
Road service: $50 per call for flat tire, jump start, lock-out, or
other non-mechanical issues; $100 per call for the same services performed
on a heavy-duty vehicle/truck.
(4)
The charges for the foregoing and any other extraordinary services
that go beyond the scope of the above shall not exceed the usual,
customary and reasonable rates of operators towing and storing motor
vehicles in the municipality or county, as applicable. Any and all
special services must be specified in the tow bill.
D.
Impound charges. Additional storage fees shall not accrue if the
vehicle has been released by the Englewood Police Department but the
official tower is not available to release it. In that case, the impound
charge will not accrue if the vehicle owner is on-site at the storage
facility and can perform all acts necessary to retrieve the vehicle
by 10:00 a.m. of the next business day.
E.
Pursuant to N.J.S.A. 40:48-2.55(b), the schedule of services and
rates for towing of motor vehicles shall be submitted to the New Jersey
Division of Consumer Affairs for review within 90 days of the effective
date of this chapter. In the event of a revision by the Division of
Community Affairs, this chapter shall be amended accordingly.
F.
Fees for towing and storage of vehicles may not exceed the fees set
forth above.
G.
The fees set forth on the schedule for towing rates are the maximum
charges that shall apply to a private passenger automobile for basic
towing services. There shall be no additional charges other than those
provided herein, including, but not limited to, flatbedding, waiting
time, winching, cleanup cost, and additional labor when only "basic
towing services" as defined are provided. Tow vehicles transporting
multiple passenger cars at one time shall receive the applicable fees
for each vehicle transported.
H.
The fees set forth on the schedule for storage fees are the maximum
storage charges per calendar day that shall apply to all vehicles
that are stored.
I.
All towers shall submit legible copies of all bills and invoices
to the City Clerk on the first day of each month for the preceding
month. In the event that said bills and invoices are not received
within the first 10 days of the month, the tower's license shall
be suspended for five on-call tow days, or until the bills and invoices
are provided whichever is longer.
[Added 12-18-2018 by Ord. No.
18-17]
J.
All towers shall accept for payment in lieu of cash for towing or
storage services a debit card, charge card, credit card or insurance
companies check.
[Added 12-18-2018 by Ord. No.
18-17]
No license issued hereunder shall be transferred or assigned
nor shall the location designated by a licensee as the place to which
disabled vehicles shall be removed, nor the office required to be
maintained by the licensee, be changed without the consent of the
City Clerk who, in acting on any such request for a transfer, assignment
or change of location of offices, shall insure that any such action
shall not impair the ability of the licensee to comply with all provisions
of this chapter.
A.
Complaints involving violations of this chapter, the improper or
unsatisfactory performance of services by an official tower, excessive
charges or damage to a motor vehicle while in the custody of the official
tower, or any other reason, may be lodged with the Police Department
Traffic Unit upon the prescribed form. In the event of an ordinance
violation or receipt of a complaint, written notice of its receipt,
together with a copy of the complaint (when applicable), shall be
provided by the Traffic Unit to the official tower involved. The official
tower shall have the opportunity to respond, in a written letter directed
to the Supervisor of Traffic, within five days.
B.
Within 14 days of receipt of the official tower's response,
or within 21 days of receipt of the complaint, if no response is received,
the matter will be presented by the Traffic Unit to the Chief of Police.
C.
The Chief of Police shall consider the matter and may request that
the complainant and/or the official tower appear and give testimony
regarding the complaint.
D.
If, after considering the matter, the Chief of Police determines
that one of the causes for revocation of the official tower's
license, as set forth in this chapter, exists, the license of the
official tower shall be revoked and the official tower shall surrender
same to the City Clerk within one day.
E.
Failure to surrender the official tower license upon revocation shall
constitute a violation of this chapter.
F.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction.
G.
In addition to the foregoing, in the event that there is some question
with respect to compliance with the chapter, the City Clerk shall
have the ability to conduct a hearing with respect to compliance and
request additional information as needed to determine whether there
is compliance with the chapter.
[Added 12-18-2018 by Ord. No.
18-17]
A.
Any party may appeal to the City Manager, a decision of the Chief
of Police respecting the granting, denying, revoking, or suspending
of any license hereunder, or failure or refusal of the Chief of Police
to suspend or revoke such license.
B.
Such appeal shall be made by filing written notice of appeal with
the City Manager within 10 days of receipt of notice of the action
of the Chief of Police.
C.
The City Manager may decide such appeal on the basis of the record
made before the Chief of Police or may hold a new hearing thereon
at which time all parties having an interest therein, including the
Chief of Police, may be heard.
D.
The City Manager may affirm the action of the Chief of Police, reverse
same, or take such other action as he deems appropriate under the
provisions of this chapter.
Within a calendar year, any official tower who violates any
of the provisions of this chapter shall, upon revocation, be punished
in accordance with the following schedule:
A.
Copies of this chapter and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at City Hall. Copies shall also be made available to
the public at each official tower's place of business.
B.
All official towers shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of the fees that may
be charged for all services provided pursuant to this chapter.
C.
The City reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all official
towers.
D.
The relationship between the official tower and the City is one of
an independent contractor. Neither party shall be construed in any
manner whatsoever to be an employee of the other, nor shall any employee
or agent furnished by any party be construed to be an employee or
agent of the other party. Inclusion on the official tower list shall
not be construed or considered as a joint venture, partnership, association,
contract of employment or profit-sharing agreement.
E.
The City shall not be liable or responsible for compensating the
official tower for any of the services performed under this chapter
unless those services are performed for City vehicles. Compensation
shall be the responsibility of the owner of the towed motor vehicle
and the official tower shall proceed directly against the owner.
F.
The official tower shall, at all times, be solely responsible for
the conduct of its employees.
G.
Each official tower shall keep and maintain adequate, detailed, and
complete records showing all vehicles towed, stored and released,
all services rendered, all fees charged and collected, and all documents
related to the official tower license. All such records shall be available
for the inspection by the City at any time during normal business
hours. Such records shall be kept, maintained and safeguarded by the
official tower at one location and shall be retained for a period
of no less than seven years. Records may be written, printed or computerized
as long as the requirements of this subsection are met.
H.
The towing operator will cooperate with other operators in the case
of emergency services at the scene of accidents and/or disasters.
I.
No vehicle will be removed from the City roads or highways traversing
said City without proper authorization from the police at the scene
or the owner of the vehicles, as the case may be.
J.
All vehicles impounded or confiscated will not be released or disposed
of without proper vehicle report form, duly executed by proper Police
Department personnel or as provided in N.J.S.A. 39:10A-1 et seq.
K.
If a request for towing service is made by the Englewood Police Department
and then canceled, prior to the tow truck driver hooking up the vehicle,
there will be no charge to either the owner of the vehicle or the
Englewood Police Department.
