[HISTORY: Adopted by the Mayor and Council of the Borough of Closter
7-24-1996 by Ord. No. 1996:720. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A vehicle which has been abandoned, impounded or rendered inoperable
as a result of a mechanical failure or involvement in an accident. A vehicle,
the location of which constitutes a hazard to the motoring public, shall be
deemed disabled for the purposes of this chapter.
An annual list kept by the Borough of Closter containing the names
of towing operators who have been approved pursuant to this chapter.
A person, firm or corporation who owns and/or operates a vehicle
on the roads and highways within the Borough of Closter, which vehicle by
reason or being abandoned or disabled on the public roadways of the Borough
of Closter requires towing services.
A person, firm or corporation engaged in the business of providing
wrecking and storage services for vehicles towed.
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 this own power.
A.
Towing operators who seek to provide wrecking, towing,
storage and emergency road service within the Borough of Closter to motor
vehicle owners at the request of the Police Department shall submit an application
to be approved by the Chief of Police upon forms prepared and provided by
the Chief of Police. If chosen, in accordance with the procedures set forth
in this chapter, the towing operator will be placed on the annual emergency
duty call list to be maintained at the Police Department. The emergency duty
call list shall expire on December 31 of each year. Any towing operator on
the prior year's list will have to file a new application to be approved for
placement on the new emergency duty call list.
B.
The application shall include as a minimum the following
information:
(1)
The name of the firm.
(2)
Owner(s) of the firm.
(3)
The address of the primary place of business.
(4)
The corporate mailing address.
(5)
Telephone numbers of the firm and owner(s) of the firm.
(6)
A listing of all vehicles to be used.
(7)
Proof of heavy duty wrecker availability.
(8)
Proof of insurance.
(9)
Certificate of occupancy from the municipality where
operation is located.
(10)
The responsible party for records maintenance.
(11)
A listing of all drivers.
The Chief of Police shall approve an application when he finds that
the following requirements have been met by the applicant:
A.
The insurance policies required herein have been obtained
by the towing operator and approved by the municipality's risk manager.
B.
The towing operator's wrecker(s) have been properly licensed
and conform to state motor vehicle laws. All wreckers must display New Jersey
commercial license plates.
C.
The towing operators company name, address and telephone
number are permanently displayed on both sides of the wrecker.
D.
A cost list setting forth the maximum fees charged for
towing, storage and road service within the Borough of Closter is conspicuously
displayed on or in the wrecker used by the towing operator.
E.
The towing operator shall clearly demonstrate the ability
to respond within 20 minutes from receipt of the emergency duty call.
F.
The requirements of this chapter and all other laws,
statutes and ordinances have been satisfied.
H.
All other requirements appended to the application for
approval have been satisfied.
Emergency duty calls to approved towing operators will be based upon
the establishment of a revolving towing operator list for services to be performed
within the Borough of Closter. The Chief of Police is hereby authorized to
establish a lottery system to assign towing operators on the revolving towing
operator emergency duty call list to respond to disabled vehicles within the
Borough of Closter. The lottery will take place within the final week of October
and shall be conducted in public on notice to all towing operators who submitted
applications. The list will become effective on the first day of January.
The Chief of Police will maintain a revolving list or licensed towers to provide
service where needed and shall instruct all officers to utilize said list.
The first tower chosen from the lottery shall be placed at the top of the
list with each subsequent tower chosen to occupy a subsequent sequential spot
on the list. The first towing operator on the list shall provide towing services
for two months, not necessarily in consecutive order. Thereafter, the second
towing operator shall provide towing services for two months, not necessarily
in consecutive order, and the list shall revolve in that manner until 12 months
have expired and a new list is prepared.
The towing operator's charges for towing and related services provided
pursuant to this chapter shall not exceed the maximum charges set forth on
the fee schedule for removal and storage of vehicles set forth herein. The
towing operator shall provide a copy of the cost list to the owner of the
vehicle towed.
The towing operator shall, at the time of removing any motor vehicle
in response to a police request, remove from the public or private roads or
highways all vehicle debris or material in the area surrounding the vehicle,
in accordance with the instructions of the senior police officer on the scene.
Such cleanup shall be performed by the towing operator without charge to the
Borough of Closter or the vehicle owner. Failure to provide these services
satisfactorily may be cause for suspension or removal from the approved towing
operator list as provided by this chapter. This does not include hazardous
materials.
The towing operator shall, if called by the Borough of Closter, charge
vehicle owners for service which it renders. In no instance shall the towing
operator look to the Borough of Closter for payment of services performed
pursuant to this chapter. This chapter shall not reduce or diminish the rights
of the towing operator with regard to the owner under applicable statutes.
The Chief shall have the right at all times to inspect all wreckers
and storage facilities providing services. Should the Chief at any time determine
that the equipment or storage facilities being used do not comply with the
requirements of this chapter, he shall have the power and authority to direct
the immediate correction or repair of the same within a specified period of
time. The Chief of Police is also hereby authorized and empowered to establish
and publish from time to time such additional rules and regulations, not inconsistent
herewith, as may be reasonable and necessary in carrying out the provisions
of this chapter.
A.
The Chief of Police shall have the power to suspend a
towing operator from the emergency duty call list for a period of 30 days
for failing to comply with any section of this chapter. A subsequent violation
by the towing operator will result in the towing operator's permanent removal
from the emergency duty call list. The Chief of Police shall investigate all
complaints made by property owners for losses to their vehicles, complaints
for excessive charges and incomplete cleanup, pursuant to this chapter.
B.
An appeal of a removal by the Chief of Police may be
filed with the Borough Administrator within 10 calendar days of the Chief's
decision. Upon the filing of an appeal, a hearing shall be held by the Closter
Borough Council within 30 calendar days after the receipt of the appeal. The
Closter Borough Council shall render its determination within 20 calendar
days of the conclusion of the final hearing date, and its determination as
rendered shall be final and conclusive.
A.
Any person who shall violate any of the provisions of
this chapter shall, upon conviction, be punished by a fine not to exceed $1,000;
and each violation of any of the provisions of this chapter and each day the
same is violated shall be deemed and taken to be a separate and distinct offense.
B.
In addition to the fine provided above, a violation of
any of the provisions of this chapter shall be cause for suspension and removal
from the emergency duty call list.
The towing operator hereby agrees to defend at the towing operator's
expense and to hold harmless and indemnify the Borough of Closter, its elected
officials, boards, officers and employees from any and all obligations, expenses
and/or damages arising out of any claims which may hereafter be asserted against
the Borough of Closter by anyone for loss or damages to personal property,
for personal injury or for any other damages in connection with the rendering
of services pursuant to this chapter.
All vehicles towed at the request of the Police Department must be removed
to a place within the borough or a mile radius outside the borough unless
the owner or operator of the vehicle specifically requests that it be towed
to a place outside the borough limits or to a location approved by the Chief
of Police of the Borough of Closter. The towing firm must provide a safe area
for the storage of towed vehicles. The area used for the storage of towed
vehicles shall be illuminated. The fencing and illumination measures are to
provide adequate security for the towed and stored vehicles and to prevent
unsightliness.
Fees for towing and storage of private passenger vehicles, damaged in
an accident or recovered after being stolen, may not exceed the fees established
by the New Jersey Department of Insurance pursuant to N.J.S.A. 17:33B-47.
Those towing and storage fees, which are set forth in N.J.A.C. 11:3-38.1 to
N.J.A.C. 11:3-38.6 are incorporated herein by reference.
A.
Pursuant to law, the fee schedules are reviewed by the
New Jersey Commissioner of Insurance on an annual basis and may be revised
if necessary. In the event that the fee schedules are revised by the Commissioner
of Insurance, the revised fees shall be the maximum fees that may be charged
by official towers, and this chapter shall be amended accordingly.
B.
If the official tower is called to the scene by the Police
Department of the Borough of Closter in accordance with this chapter, fees
for towing and storage of private passenger vehicles, other than those damaged
in an accident or recovered after being stolen, shall be by Schedule of Fees
as adopted by resolution of the Mayor and Council on January 1 of the current
year.
C.
Fees for all other types of vehicles other than private passenger vehicles, pursuant to Subsections A and B of this section, shall be determined in accordance with this section.
(1)
The following maximum fee schedule for towing services shall be as set forth in Chapter A301, Fees and Deposits.
(3)
The fees set forth for nonpassenger vehicles in this section are maximum charges that shall apply for basic towing services. The official towers, however, shall be allowed for winching and wrecking services over and above the basic towing services additional fees per hour for light-duty wrecker, per hour for medium wrecker and per hour for heavy-duty wrecker, as set forth in Chapter A301, Fees and Deposits. There shall be no additional charges for any other services, including but not limited to waiting time, clean-up costs and additional labor when only basic towing services, as defined, are provided, except for speedy dry which is at a rate per bag as set forth in Chapter A301, Fees and Deposits.
No towing operator shall be called by the Police Department unless the
towing operator has submitted as part of the application a certified copy
of the required insurance policies or a certificate or certificates of insurance,
in a form approved by the borough's risk management consultant, evidencing
that there is in effect insurance policies with the following coverage:
A.
Garage liability insurance. Limit of liability shall
not be less than $300,000 combined single limit (bodily injury and property
damage) per occurrence, including premises operations and products/completed
operations.
B.
Automobile liability insurance. Limit of liability shall
not be less than $300,000 combined single limit (bodily injury and property
damage) per occurrence.
C.
Garage keepers insurance. Physical damage insurance policies
shall be provided for vehicles in tow, possession of or storage on property
owned or controlled by the contractor. Limit of said coverage shall be not
less than $100,000.
D.
Excess umbrella insurance. Limit of liability shall be not less than $500,000 providing protection in excess of the $300,000 garage and auto liability coverage. Note: This requirement may be waived if the limits of liability in Subsections A and B above are not less than $750,000 combined single limit.
[Amended 12-21-1998 by Ord.
No. 1998:785]
E.
On all liability policies, the municipality shall be
added as an additional insured, and certified copies of insurance policies
and insurance certificates shall indicate such coverage as primary coverage
notwithstanding any insurance carried by the municipality.
[Amended 12-21-1998 by Ord.
No. 1998:785]
F.
Workers' compensation insurance. New Jersey statutory
coverage, including employers liability coverage.
[Amended 4-22-1998 by Ord.
No. 1998:758]
G.
The contractor shall indemnify the municipality and the
public against any loss due to injuries, accidents or damages of any character
whatsoever where any such damage is the result of act or omission of the contractor,
his agents or employees in or due to the execution of the work called for
under the contract.
H.
The applicant shall provide the municipality with certified
copies of insurance policies or certificates of insurance, evidencing the
coverages required above. Such certified copies of insurance policies or certificates
shall provide that the municipality shall be given at least 30 days' prior
written notice of any cancellation of, intention not to renew or material
change in such coverage by certified mail, return receipt. Certified copies
of insurance policies or certificates must be provided before commencing work
in connection with the contract. Failure to submit this shall subject the
contractor to immediate disqualification. The municipality shall also have
the right to review those insurance policies of the contractor upon request
if it accepts certificates of insurance.
I.
The providing of any insurance required herein does not
relieve the contractor of any of the responsibilities or obligations assumed
by the contractor for which the contractor may be liable by law or otherwise.
J.
If any policies contain deductibles or copayment, it
shall be the responsibility of the contractor to pay such sums at the same
time a claim is settled by the contractor's insurance company.
K.
If any policies contain limits of liability with an aggregate
limit, the contractor or the contractor's insurance company shall provide
the municipality quarterly during the policy period, a statement evidencing
the limits of liability required under this contract to be in force.
L.
Failure to provide and continue in force such insurance
as required above shall be deemed a material breach of the contract and shall
cause an immediate termination thereof.
M.
All policies shall be written in a company licensed in
the State of New Jersey, Best's rated A-VII (A minus seven). They shall be
written on an ISO (Insurance Service Office) form or better.
[Amended 4-22-1998 by Ord.
No. 1998:758]
