[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle 8-26-1992 by Ord. No.
1872 (Ch. 109 of the 1975 Borough Code). Amendments
noted where applicable.]
[Amended 4-14-1993 by Ord. No. 1901; 5-24-1995 by Ord. No. 1972]
The purpose of this chapter is to provide standards, regulations
and rates for police-requested and non-preference towing and storage
services, including the removal of motor vehicles from public property
by operators engaged in such practice, including but not limited to
the fees charged for storage following removal in accordance with
Section 3 of P.L. 1987, c. 127 (N.J.S.A. 40:48-2.50), fees charged
for such removal, notice requirements therefor and the mercantile
licensing of such operators. Said services shall be provided under
the supervision of the Borough Council of the Borough of Roselle and
the Chief of Police or his designee.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes vandalism, fire comprehensive claims, accidents
caused by drunk drivers and as defined by state law.
The removal and transportation of an automobile from a highway,
street or other public or private road or parking area or from a storage
facility. It 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.
The immobilization of a motor vehicle using a wheel lock
device.
[Added 3-23-2017 by Ord.
No. 2560-17]
The operation of an unengaged tow truck along the public
streets in any fashion intended or calculated to solicit business.
Any motor vehicle with mechanical breakdowns and/or left
on any highway or street, without being properly registered, as provided
under N.J.S.A. 39:1-1 et seq. and applicable municipal ordinances.
Towing operator.
A person, firm, corporation or other entity who owns, leases
and/or operates, parks or abandons a vehicle on the roads and highways
within the Borough of Roselle, which vehicle by reason of being disabled
or being unlawfully upon said roads requires towing services.
The Police Department of the Borough of Roselle and/or state
police and/or county police or such other police as may have jurisdiction
upon the roadways on which the vehicle may be found in said Borough
of Roselle.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying or removing any and all
kinds of vehicles or parts of vehicles which are unable to be operated
under their own power, for which a service charge or fee is exacted.
The definition of "tow truck" shall also include the use of a flatbed
"tow truck."
A person, firm, corporation or other entity engaged in the
business of providing tow truck services and storage services for
vehicles towed, which services are made available to the general public
upon such rates, charges and fees as determined by the Borough Council
of the Borough of Roselle, and which towing operator is licensed under
the provisions of this chapter.
Any vehicle that is recovered from a position beyond the
right-of-way or berm of the roadway and shall include those recovered
from a ditch, from being suspended on a median, when the automobile
rolls over on its roof or is imbedded in brush and winching of the
vehicle is required.
No towing operator covered by § 514-1, Purpose, hereinbefore set forth, shall engage in the business of providing tow truck services within the Borough of Roselle without obtaining a license in accordance with the provisions of this chapter. Specifically exempted from this license requirement is the towing, transporting, conveying or removing of vehicles from private property, except in the case of a police emergency within the Borough, or by towing operators which are directly and privately engaged or designated by the owner of the vehicle to be towed, transported, conveyed or removed upon the streets of said Borough of Roselle.
A.
Equipment requirements. No license shall be issued to a towing operator
who does not own or lease for utilization in his or its business the
following equipment, which equipment shall be inspected by the Chief
of Police or his authorized representative prior to a license being
issued and a report of said inspection furnished to the Borough Council.
Said equipment shall be designated as follows:
(1)
Two light-duty wreckers or flatbeds for vehicles under 10,000 pounds.
(2)
Safety equipment to be carried on all trucks shall include a universal
towing sling; except flatbeds, J-hooks and chains; one snatch block
for three-eighths-inch to one-half-inch cable; two high-test safety
chains; auxiliary safety light kit to place on rear of towed vehicle;
four-lamp or three-lamp revolving amber light or lamp bars; toolbox
with assortment of hand tools; rear working lights located to clear
towed vehicle; blocking choke for wrecker while working; safety cones;
shovels and broom; steering wheel lock or tie-down.
(3)
All tow trucks must be properly lettered on both sides as provided
by law.
(4)
All trucks will be maintained and operated in accordance with all
existing traffic regulations and in a safe and prudent manner.
(5)
A truck driver will request police assistance during the course of
servicing when he finds it necessary to turn around, back up, tow
in the opposite direction, cross the median, etc.
B.
Other facilities. Each towing operator shall have an indoor, secured
storage area sufficient to house at least three vehicles.
D.
General standards.
(1)
The storage facilities shall have proper sign identification upon
the same and shall be kept clean so as to be reasonably accommodating
to persons of the Borough or others who may come upon said premises
and shall be located within a one-and-one-half-mile radius measured
from the Roselle Municipal Complex, for all Police Department authorized
towing. The storage facilities for all towing completed from private
property shall not be restricted to the one-and-one-half-mile radius,
as stated above.
[Amended 10-13-1993 by Ord. No. 1923; 10-20-2010 by Ord. No. 2384-10]
(2)
A tow operator shall not be charged with a call if the owner designates
the tow operator.
(3)
All towing operators and their drivers shall be fully trained and
knowledgeable in the operation of all required equipment.
(4)
All towing operators shall complete the application for towing license
and list all drivers who will be operating their tow trucks.
(5)
Towing operator employees who drive vehicles on the Borough roads
or highways traversing said Borough must have a driver's license with
no restrictions or conditional endorsements, except a condition requiring
glasses; they shall be of good moral character, mentally alert and
present a neat appearance at all times. Possession by a driver of
commercial driver's license, as required by N.J.S.A. 39:10 et seq.,
is mandatory.
(6)
All towing operators must be available for service on a twenty-four-hour,
seven-days-a-week basis without exception.
(7)
The tow truck driver shall, prior to leaving the scene of a tow service,
complete Boxes 32 and 35 (Signature of Driver and Tow Cost) on the
Roselle Police Department vehicle report form.
(8)
It shall be the obligation of the towing operator to immediately
notify the police in the event that said towing operator is wholly
or partially not operational due to mechanical failure of his vehicle
or personnel insufficiency. It shall be the responsibility of the
towing operator to provide a replacement driver and equipment.
(9)
If a request for towing service is made by the Roselle 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
Roselle Police Department.
(10)
The towing operator will not respond for towing services unless
directed by the Roselle Police Department.
(11)
The towing operator will be responsible for all vehicles and
contents in their custody that were towed off the roadway under the
direction of the police. An inventory shall be made by a member of
the Roselle Police Department at the scene to note the contents of
each vehicle.
(12)
The towing operator will cooperate with other operators in the
case of emergency services at the scene of accidents and/or disasters.
(13)
No vehicle will be removed from the Borough roads or highways
traversing said Borough without proper authorization from the police
at the scene or the owner of the vehicle, as the case may be.
(14)
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.
(15)
The towing operator will dispatch, within the time period permitted
by this chapter, a tow truck(s), when requested by the desk officer
to respond to a police-requested call for service.
(16)
All disputes between towing operators, the public at the scene
and/or owners will be reported to the Police Chief or his designee,
who will act as a mediator and attempt to resolve their differences
in a civil and lawful manner. No driver of a towing operator will
create a disturbance on the highway.
(17)
The police officer investigating the incident is in complete
charge of the incident scene, and all drivers shall comply with the
officer's instructions.
(18)
All towing operators shall maintain and produce proof to the
Borough Clerk of the following insurance coverage: garage keepers'
liability policy in the amount of $1,000,000 for any one claimant
and $2,000,000 for more than one claimant with $1,000,000 coverage
for property damage for any one event.
(19)
It is understood and agreed by towing operator that police shall
in no way be liable to the towing operator for any services whatsoever
which may be rendered to motor vehicles, and the towing operator will
look only to the driver or last registered owner of such vehicles
for compensation.
(20)
The main office and storage facilities of any towing operator
shall be located either:
(a)
In the Borough of Roselle; or
(b)
At such location outside the Borough of Roselle which shall
enable such towing operator to respond to any call at any point within
the municipality within 15 minutes. Compliance with this specification
shall be determined solely by the Chief of Police as the supervising
authority for enforcement of this chapter.
(21)
All towing operators shall be obligated to tow all municipal
vehicles in the event that they become disabled or involved in an
incident without charge to said Borough of Roselle when such vehicles
or truck is disabled within Borough boundaries.
(22)
All vehicles disposed of by certificate of title or junk title
by the Borough of Roselle, to the tower of said vehicle, shall be
in lieu of any comprehension that would have been owed by previous
registered owner for towing and storage charges.
(23)
All vehicles towed under investigation, by the Roselle Police
Department, shall be at no cost to the Borough of Roselle or the registered
owner.
Licenses issued pursuant to this chapter shall be for a term
of one year. Said one-year period, regardless of the date of application,
shall commence on January 1 of the year of said application.
A.
In order to assure provision of safe and efficient towing service
throughout the Borough to benefit the public good, all qualified operators
pursuant to this chapter shall be issued a towing license.
B.
Each towing operator shall be placed on a rotational list as compiled
by the Chief of Police or his designee. Such towing operator shall
be called upon to respond to the needs of the Police Department of
the Borough of Roselle on a rotational basis of bimonthly duration.
[Amended 2-22-1995 by Ord. No. 1956]
A.
No towing operator shall engage in "cruising" as defined in this
chapter.
B.
No towing operator shall solicit or attempt to divert patrons of
another towing operator, whether or not licensed under this section,
nor shall a towing operator solicit or divert prospective patrons
of a given repair service to any other repair service, nor shall any
police officer designate or suggest any towing operator to perform
service.
C.
No flashing lights or sirens shall be used by a towing operator except
as granted by the Chief of Police in and/or under the provisions of
N.J.S.A. 39:1-1 et seq.
D.
The governing body hereby designates the Police Department, generally,
its specific designee and the Chief of Police, particularly, as the
supervising authority to enforce the provisions of this chapter as
well as the rules and regulations adopted hereunder, with the ultimate
authority vesting in the Mayor and Council of the Borough of Roselle.
E.
Prior to license renewal during the month of December, each towing
operator licensed under this section shall be inspected for fitness
by a representative of the Police Department and shall appropriately
complete a new application for each year.
F.
Each licensed towing operator at times shall maintain and carry the
necessary equipment to remove disabled or locked vehicles.
G.
Each towing operator, prior to departure from the scene of towing
services, shall clean and clear the streets of any customary debris
resulting from any accident at such scene and shall at all times carry
the necessary equipment to perform such cleaning services.
H.
No towing operator licensed under this chapter shall respond to the
scene of an accident except upon request of the driver or owner of
the vehicles involved or except upon notification by the channel of
communication established by the Police Department to notify licensed
towing operators of the necessity of their presence.
I.
The operator's refusal to tow at the scene of this incident or refusal
to tow when designated by the owner and the type of car or vehicle
refused shall be reported by the police officer assigned to the incident
to his superior. The report of refusal shall be furnished to the Chief
of Police and the Borough Clerk as soon as practicable. The refusal
to tow shall take into consideration the hour of the accident, the
destination of the tow and the weather conditions, the intent being
to afford the Borough of Roselle and its people the greatest degree
of coverage on its roads.
J.
Towing operators shall arrive at the scene to which dispatched within
reasonable time after being dispatched. Under normal circumstances,
such reasonable time limit is defined as within 15 minutes.
K.
Where no storage designation by an owner or the police has been made,
licensed towing operators are authorized to remove the vehicle to
the towing operator's place of business.
L.
No towing operator operating under the license issued hereunder shall
employ any sworn officers of the Borough of Roselle for the purpose
of towing under this chapter.
M.
The Borough of Roselle Police Department shall maintain a log, to
record calls to licensed towing operators under this chapter. Said
record shall be available for inspection by any licensed towing operator
upon reasonable notice.
N.
Such additional rules and regulations as may be promulgated by the
Borough Council pursuant to this chapter shall take effect after notification
of such rules and regulations upon all holders of licenses as towing
operators. Service shall be made by forwarding these rules and regulations
by certified mail, return receipt requested, to the licensee at the
address listed in his most recent application.
The Borough Committee shall have the right to suspend or revoke
any license issued under this chapter for good cause, upon written
complaint of the Chief of Police of the Borough of Roselle following
his determination that there is probable cause for revocation or suspension
based upon violation of this chapter. Written notice of such complaint
and the basis of the complaint shall be given to the towing operator,
and said operator shall be entitled to a hearing before the Borough
Council prior to final determination of the complaint by the Borough
Council. If, upon full hearing, the Borough Council decides that there
have been violations, then a majority vote of those present and voting
may terminate or suspend said license. In the event that a request
for a license is denied in the first instance, the applicant whose
request for a license has been denied shall be afforded an opportunity
to determine the reason for the denial, and the procedure for the
same shall be the same as hereinbefore set forth for suspension or
revocation of a license issued under this chapter.
No controlling interest in a license issued pursuant to this
chapter shall be assigned, transferred or sold, except on specific
approval of the Borough Council of the Borough of Roselle, and, upon
cessation of activity or authority under the license through revocation
or otherwise, the license shall be determined null and void. In no
event shall any such license be posted as collateral. At the time
of application for said license, the towing operator shall complete
and submit, on Borough forms, a statement of ownership. Any controlling
interest transfer of ownership in a licensee's business, be it actual
transfer or stock ownership, without Borough approval, shall render
the license void. In the event of sale or transfer, the new applicant,
if any, shall make a new application and pay fees and be approved
by the Borough of Roselle, New Jersey.
A.
The following daily rates are applicable within the purpose and intent
of this chapter for storage of vehicles towed from public property:
[Amended 4-14-1993 by Ord. No. 1901; 5-21-1997 by Ord. No. 2046; 12-16-2020 by Ord. No. 2635-20]
(1)
Inside storage with a minimum of three spaces: $50. The foregoing shall apply only if the owner of the vehicle being towed requests inside storage. If the Police Department requests inside storage for investigative purposes, there shall be no cost to the Borough of Roselle or the registered owner pursuant to § 514-4D(23). After the Police Department concludes its investigation and notifies both the registered owner and the tow yard, charges may begin to accumulate the next day. After said notification, the tow yard may move the vehicle from inside to outside storage at no cost to the Borough of Roselle or the registered owner.
(2)
Outside secured storage: $30.
(3)
Outside unsecured storage: $20.
B.
The following daily rates are applicable within the purpose and intent
of this chapter for storage of vehicles towed from private property:
[Added 4-14-1993 by Ord.
No. 1901]
(1)
A limit of $3 per day for the first 30 days of storage per vehicle.
(2)
A limit of $2 per day for the 31st day of storage and any day thereafter.
(3)
A limit of $400 per vehicle stored regardless of the duration of
the storage, except that a waiver may be granted for good cause upon
the request of a municipality by the Division of Local Government
Services in the Department of Community Affairs.
C.
Maximum fees for towing vehicles. The following shall comprise a
list of the maximum fees for towing vehicles in the Borough of Roselle:
[Amended 4-14-1993 by Ord. No. 1901; 5-21-1997 by Ord. No. 2046; 12-16-2020 by Ord. No. 2635-20]
(1)
Daytime (8:00 a.m. to 6:00 p.m.): $75.
(2)
Nighttime (6:00 p.m. to 8:00 a.m.): $75.
(3)
Sundays and holidays: $75.
(4)
Dolly tow: $50, plus the normal rate.
(5)
Out-of-town: $7 minimum, plus the normal rate, plus $1 per mile over
seven miles.
(6)
Winching for other than a normal tow: $75 up to 50 feet, $2.50 per
foot thereafter. If a winch is needed to complete the tow and if an
unreasonable amount of time is needed to complete the tow, then a
reasonable amount will be charged related to the time used and difficulty
encountered.
(7)
Trucks: discretionary.
(8)
Motorcycles/street
bikes/quads: $175.
(9)
Rollover:
$150.
(10)
Additional services: $50 each. Additional services include lockouts;
snatch blocks; yard tows; and the application, collection, and disposal
of products necessary for fuel, oil, and antifreeze spills. Nonfluid
debris is to be collected by the towing operator both on and off the
roadway at no additional charge.
(11)
Towing operators are prohibited from charging the registered owner
for towing the vehicle from one storage facility to another storage
facility controlled by said operator.
D.
Pursuant to N.J.S.A. 40:48-2.49, as amended, all towers licensed
under this chapter will provide a statement that regulations and fee
schedules are available to the general public during the normal business
hours of the Borough of Roselle. All towers shall also ensure that
each storage yard has a current and complete rate schedule posted
in their facility in a clear and unobstructed manner. All rates listed
in this section are to be included in said rate schedule, and only
those rates expressly authorized by this section are to be charged
to a vehicle owner. No other fees or charges are permitted.
[Amended 12-16-2020 by Ord. No. 2635-20]
One-half-ton trucks and vans will be classified as vehicles
for the purpose of this chapter.
The Borough Council or its designated representative shall promulgate additional rules and regulations when necessary, as set forth under § 514-8, General rules and regulations, and copies of said rules and regulations shall be made available to all towing companies.
No vehicles are to be towed into the Police Department parking
lot unless specifically ordered by the Police Department. Vehicles
under police investigation will be towed free of charge.
All towers will provide free brake tests and inspections to
the Police Department, upon request.
The Police Department of the Borough of Roselle shall provide,
when requested, towing operators with the Department of Motor Vehicle
information regarding registered owners and lienholders. This information
requested and given shall be in conformance with N.J.S.A. 39:10A et
seq. and shall not in any way violate the confidentiality that is
reposed in the Police Department.
Upon the adoption of this chapter, the Borough Clerk shall give
30 days' public notice of the receipt of the license application pursuant
to this chapter. Public notice shall be given by publication in an
appropriate newspaper circulated within the Borough.
The license-issuing authority shall be the Mayor and Borough
Council of the Borough of Roselle.
[Added 3-23-2017 by Ord.
No. 2560-17]
A.
It shall be unlawful to immobilize, by use of any wheel-lock device
("boot") or other method, a vehicle that is parked on private property,
whether for an unauthorized or authorized purpose, without the permission
of the owner, lessee or agent of the motor vehicle.
B.
This prohibition shall not apply to the Borough of Roselle or any
unit of local government.
Any person, firm or corporation violating the provisions of
this chapter shall, upon conviction thereof, be subject to a fine
of not more than $500 or to imprisonment for not more than 90 days,
or both, in the discretion of the Judge of the Municipal Court.
