Borough of Ridgefield, NJ Towing and Storage of Vehicles

The purpose of this chapter is to provide standards, regulations and rates for police-requested nonpreference towing and storage services without competitive bidding in accordance with N.J.S.A. 40:48-2.49 et seq. and N.J.S.A. 40A:11-5(1)(u) under the supervision of the Ridgefield Police Department.

§ 366-2 Definitions.

The following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

ADMINISTRATIVE FEE

Per-tow fee to cover Borough administrative costs. Total amount collected by each licensee shall be remitted to Borough Clerk monthly.

BASIC TOWING SERVICE

The removal and transportation of an automobile 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.

INSIDE BUILDING

A vehicle storage facility that is completely indoors, having one or more openings in the walls for storage and removal of vehicles, and this is secured by a locking device on each opening.

LICENSEE

A towing operator.

MOTOR VEHICLE ACCIDENT

An occurrence in which any vehicle, commercial vehicle or passenger vehicle, comes in contact with any other object for which any vehicle, commercial vehicle or passenger vehicle must be towed or removed from the scene and placed in a storage facility.

OUTSIDE SECURED

An automobile facility that is not indoor and is secured by a fence, wall or other man-made barrier that is at least six feet high and is installed with a passive alarm system or a similar on-site security measure.

OUTSIDE UNSECURED

An automobile facility that is not indoor and is not secured by a fence, wall or other man-made barrier, and storage facilities not defined above as inside a building or outside secured.

POLICE

The Borough Police Department, State Police, County Police, or other such law enforcement agency that may have jurisdiction upon the roadways of the Borough.

STORAGE CHARGES FOR A TWENTY-FOUR-HOUR PERIOD

The maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.

TOW TRUCK

Those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or an underreach specifically designed by a manufacturer that is nationally recognized by the towing industry for the removal or transport of motor vehicles.

TOWING OPERATOR

A person, corporation or other form of business entity engaged in the business of providing a basic towing service to the general public and storage facilities for vehicles towed.

TOWING OPERATORS BASE OF SERVICE

The towing operator's principal place of business; where the tow trucks are stationed when not in use.

§ 366-3 Approved towing and storage service providers.

The Mayor and Council of the Borough of Ridgefield shall select four towing operators to be utilized by the Police Department on a rotational basis to provide towing and storage services for abandoned, wrecked or impounded vehicles at rates and charges to be set by the Borough pursuant to the provisions of this chapter. The selected towing operators shall be entered on an alphabetical list by the Police Department. The list shall contain the names, addresses and twenty-four-hour telephone numbers of all approved towing and storage service providers.

Only towing operators who meet the standards set forth in this chapter may be considered for selection for a license.

Each such licensed towing operator shall be put on a rotational list compiled by the Chief of Police of the Borough and shall be called to respond to the needs of the police on a rotating basis.

A maximum of four entities shall be selected as licensed towing operators for the Borough of Ridgefield in any license cycle in accordance with the provisions set forth in this chapter.

§ 366-4 Minimum requirements for licensure.

In order to be considered for a towing license, towing operators must meet the following minimum requirements:

Storage facilities meeting the following minimum requirements:

(1)

A storage facility sufficient in size to properly accommodate a minimum of 15 vehicles for the Borough of Ridgefield. The storage facility shall be fenced in and secured and must be located within a one mile radius of the Borough of Ridgefield within Bergen County in an area that permits the towing and storage of vehicles. The one mile radius shall be measured from the border perimeter of the Borough of Ridgefield.

(2)

All land proposed to be used as a storage facility must be level and clear of debris and must be clearly marked as having the capacity necessary to store a minimum of 15 vehicles for the Borough of Ridgefield.

(3)

The towing operator must present an up-to-date (within one year) zoning certification issued by the Municipal Zoning Officer or Construction Official and a fire subcode certification issued by the Fire Subcode Official indicating the suitability of the storage lot for that purpose.

(4)

Towing operators must present either a deed or lease agreement for the storage location indicating the towing operator's right to use the location throughout the period of licensure.

Tow truck equipment meeting the following minimum requirements:

(1)

Minimum vehicle requirements. Every official towing operator shall maintain and have available to render services required by this chapter a minimum of two regular tow trucks and one flatbed tow truck, and one heavy-duty tow truck, if available; if not available, the next company on the list will be contacted.

(2)

Tow truck equipment.

(a)

Regular tow trucks must be equipped with a boom or winch assembly mounted on the chassis, a dolly assembly, a towing sling, wheel lift assembly or underreach, at least 100 feet of 3/8 inch or 7/16 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.

(c)

Each applicant shall submit, along with its application, proof of ownership or lease of the tow trucks which will be utilized to provide services pursuant to this chapter.

(d)

All tow trucks shall have two-way communications capability with dispatching available on a twenty-four-hour basis.

(3)

Every tow truck will be equipped with:

(a)

At least one amber rotating beacon or strobe light mounted on the highest practical location, visible from 360° when in use, and visible at a minimum distance of 500 feet during daylight hours.

(b)

One snatch block per winch.

(c)

Safety tow lights or magnetic tow lights for towing vehicles at night, amber in color.

(d)

Extra chains, cables or tie downs. At least one heavy-duty broom, a shovel, crowbar or pry bar, set of jumper cables, functioning flashlights, one two-pound or larger fire extinguisher of dry chemical type, one dozen flares or similar devices for placement at the scene of an accident or behind a disabled vehicle, at least 10 pounds of dry sand or a drying compound for gasoline and oil spills, and a sufficient quantity and type of tools to enable the tow truck operator to perform proper and adequate emergency repair services for the tow.

(e)

Every tow truck shall comply with any and all 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.

(f)

Every tow truck shall display the official towing operators' license and shall have the name of the official towing operator displayed on the tow truck in such a manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.

Personnel. The personnel of all licensed towing operators must meet the following requirements:

(1)

All owners of 10% or more of the towing entity, and all employees who perform tow services, must demonstrate they are free of any prior conviction for a crime of moral turpitude. For purposes of this chapter, the owners of 10% or more of any towing entity, and all personnel, shall submit to a background check to be conducted by the Borough.

Performance. Licensees must agree to meet the performance standards set forth in § 366-10.

§ 366-5 Selection of towing operators and issuance of licenses.

The Mayor and Council shall, once every three years, select up to four towing companies experienced in the field of towing to perform towing work pursuant to this chapter and to be licensed pursuant to this chapter for a term to commence on January 1 of the year of licensing to the last day of December of the third year following the grant of a license. Year 2020, however, shall be a shortened year as per § 366-7B. The Mayor and Council, or its designated committee, may interview representatives of each applicant. The Mayor and Council shall award the license based on the following criteria, after reviewing the applications, criminal background checks, drivers' license abstract reports and reports from the Chief of Police and other Borough agencies, results of interviews and references:

Experience in the field.

Number, quality and capacity of tow trucks and ability to respond to various towing situations.

Criminal history.

Prior problems in the towing business related to the applicant's towing company.

Ability to provide safe, prompt and efficient towing service pursuant to the terms and provisions of this chapter.

Locations of offices and yards in relation to the Borough of Ridgefield.

Recommendations of the Police Department.

Compliance with the terms of this chapter.

Completeness and accuracy of the application.

Past performance of towing services for the Borough of Ridgefield and/or other governmental entities.

Reports from references.

Quality of interview.

§ 366-6 License fees.

Each towing operator shall be licensed. The fee for each selected towing operator shall be $1,000 for the initial year of a three-year term. Each license shall be issued in duplicate. One copy of the license shall be kept at all times at the location at which the towing operator is domiciled. Each license is valid from the date of its issue through February 28 of the year following its issuance. Licenses shall not be transferable.

All licenses issued hereunder shall be subject to renewal for additional periods of one year up through the three-year term of the license, provided the licensee complies with the following:

(1)

Submission to the Borough Clerk of a renewal application containing the same information as required in § 366-7.

(2)

Presentation of renewed insurance certificates containing the same information.

(3)

Payment to the Borough Clerk for a renewal fee in the amount of $750 in accordance with § 366-5A each following year. The Mayor and Council have the right to deny, within 45 days after the submission of all items required by this chapter, the renewal of any license if they find that the applicant no longer demonstrates the ability to comply with the terms of this chapter, for any reason specified in § 366-8 hereof, or for other just cause. In the event any renewal of a license is denied, the applicant shall forthwith be notified, in writing, which shall specify the reason for the denial. After receipt of such notification, the applicant shall have 10 days in which to appeal the denial. The appeal process will be conducted by the Borough Administrator and ultimately decided by the Mayor and Council.

§ 366-7 Licensing procedure.

Every applicant for a license shall complete, sign and verify a written application on forms furnished by the Borough Clerk. The application shall require the following information:

(1)

Name, business address, residential address and telephone numbers (residence and business) of the towing operator, if an individual, and/or all owners of 10% or more of the stock, membership or partnership interest of the entity.

(2)

Locations of outside secured and unsecured storage areas for tow trucks, towed vehicles and all other vehicles used in the towing operator's business.

(3)

The application shall be accompanied by the following supporting documentation:

(a)

Zoning certification (issued by Municipal Zoning Officer/Construction Official) and fire subcode certification (issued by Fire Subcode Official) for the storage facility.

(b)

Deed of ownership or lease agreement for storage locations.

(c)

Proof of access to second and additional heavy-duty wrecker(s).

(d)

Roster of tow trucks and other vehicles registered (truck number, registration number and serial number).

(e)

Roster of employees (by name, address and social security number), including designation of those who perform towing services.

(f)

Certificates of garage liability insurance, automobile liability insurance, garage keepers' insurance, excess umbrella insurance and workers' compensation insurance.

(g)

Affirmative action certification.

(h)

A certification listing the owners of the applicant, including the owner of a sole proprietorship, the entities owning 10% or more of a corporate applicant, partners owning 10% or more in a partnership or LLP, and members owning 10% or greater interest in a limited liability company.

(i)

A list of references of entities for whom the applicant has provided towing services over the most recent ten-year period.

(j)

Such other and further information as the Borough may request which is relevant to the criteria set forth in §§ 366-4 and 366-5 of this chapter.

Licenses shall expire on December 31 of each year, subject to annual renewal. Applications shall be filed with the Borough Clerk on or after November 1 and no later than November 30 of each year, together with the appropriate license and application fee. Notwithstanding the foregoing, for the first year following adoption of this chapter (2020), the initial licensing period shall be March 1 through December 31. The $1,000 fee will be prorated for the shortened first year. Thereafter, renewal dates and subsequent initial licensing dates will run from January 1 to December 31 of each year.

No more than one license shall be granted any applicant. No licensee shall have interest, direct or indirect, in any other license.

All licenses, once issued, are not transferable.

The Chief of Police of the Borough is charged with the responsibility of investigating new and renewal licensees on an annual basis. Upon completion of an investigation, the Chief of Police shall report his findings and recommendations to the Borough Clerk. Those findings shall include the Chief's findings as to whether or not an applicant meets the minimum requirements for licensure as per § 366-4 of this chapter together with any other information or recommendations the Chief feels is relevant. The Chief's report shall include, but not be limited to, the following:

(1)

Whether the applicant and its employees who perform towing services have been convicted of a crime of moral turpitude. For purposes of this section, the applicant shall mean the towing operator, if an individual, and/or all owners of 10% or more of the stock, membership or partnership interest of the entity.

(2)

If a previous licensee, whether the applicant has met the performance standard of this chapter, as hereinafter set forth.

(3)

Whether the applicant meets the adequacy of equipment and facilities, availability and adequate response time and the security of the vehicles towed or stored all as specified in the standards of this chapter, hereinafter set forth.

The Mayor and Council shall use the selection process set forth in § 366-5 to select from among all qualified applicants the four towing operators who will be selected for a license for the three-year license period.

On or about March 1 of each year, the Borough Clerk shall furnish the list of licensees for that year to the Chief of Police and to all applicants, whether approved or not approved.

Any applicant not so approved for initial licensure or renewal may appeal to the Borough Administrator. Any such appeal shall be filed within 10 days after receipt of the list of licensees from the Borough Clerk. The Administrator shall undertake a review of the reasons for rejection by the Mayor and Council and/or the Chief of Police and shall thereafter make a report to the Mayor and Council who shall have the right to overturn or sustain the rejection.

As a condition of licensure, the towing operator must agree, in writing, to remit monthly the administrative fees established under this chapter.

§ 366-8 Towing, winching and storage fees.

Each selected towing operator may only charge the fees set forth in this section. Towing fees include tow truck, flatbed or dolly services.

Towing fees.

Road Service Fees
Passenger cars, SUVs and trucks under 10,000 lbs.	$50 per hour (includes up to two gallons of gas, jump-start and tire changes). If tow results, there will be no charge for road service except for cost of gas supplied.
Medium/heavy-duty trucks	$175 an hour plus parts
Towing - Basic Fees
Motorcycle/motor scooter	$125 plus $25 administration fee
Passenger cars, SUVs and trucks under 10,000 lbs.	$125 plus $25 administration fee (includes first 24 hours of storage)
Passenger van	$135 plus $25 administration fee
Commercial van	$150 plus $25 administration fee
Medium-duty, 10,001 to 16,000 lbs.	$250 per hour plus $25 administration fee
Heavy-duty, 16,001 lbs. and above	$500 per hour plus $25 administration fee
On-hook mileage (medium/heavy-duty only)	$6 per loaded mile
Decoupling fee (if tow is not performed)	1/2 of the basic tow rate
Show up fee (no hook-up/only arrive on scene); follow tow rate once vehicle hook-up is started	$50
Additional tow vehicles	At normal tow rate
All municipal vehicles	$0 (see § 366-11E, F and G), seventy-five-mile radius
Tow fee for victims of crimes and investigations as determined by the Police Department	$0
Vehicles impounded and held for seizure	$0 (if vehicle is subsequently released to the owner, they will be charged at the tow rate plus three days outside storage, storage rate will continue if owner fails to retrieve vehicle during the first three days)
Recovery/Winching (In Addition to Towing Fees)
Passenger cars, SUVs and light trucks under 10,000 lbs. (winching fees are not applicable to towing parked vehicles or minor maneuvering of vehicles prior to towing)	$75
Passenger cars and light trucks under 10,000 lbs., off-road recovery or up-righting of vehicle	$150 per hour
Medium-duty, 10,001 to 16,000 lbs.	$350 per hour
Heavy-duty, 16,001 lbs. and above	$600 per hour
Specialized Recovery Equipment
Rotator/crane recovery unit	$1,200 per hour
Tractor with landoll trailer or detached trailer	$450 per hour
Tractor/transport hauler only	$250 per hour
Refrigerated trailer west tractor	$450 per hour
Box trailer with tractor	$400 per hour
Air cushion unit	$1,000 per hour
Illumination light towing operator	$250 per hour
Pallet jack	$200 per hour
Rollers	$200 flat rate
Any other specialized equipment	$250 per hour
Loader/backhoe/telescopic handler/bulldozer bobcat/forklift	$300 per hour each
Dump truck/dump trailer with tractor	$350 per hour
Roll-off with container	$350 per hour plus disposal fees
Recovery supervisor vehicle	$100 flat fee
Scene safety equipment, communication equipment, traffic-management equipment, etc.	$250 per hour each type used
Recovery support vehicle/trailer, additional recovery equipment	$350 per hour
Labor
Passenger cars, SUVs, and trucks under 10,000 lbs., accident excessive cleanup and disposal of debris	$75 flat fee (includes first bag of speedy dry)
Speedy dry (two or more bags)	$30 per bag
Extra personnel/manual laborers (on all towing recovery operations)	$75 per hour per person
Recovery Supervisor and/or Level III Recovery Specialist	$225 per hour
Certified towing operator	$125 per person
Storage (Per 24-hour Period)
Passenger car and trucks under 10,000 lbs.	$35
Medium-duty, 10,001 to 16,000 lbs.	$45
Heavy-duty, 16,001 lbs. and above: Tractor/dump truck/tractor and trailer combo trailer	$125 per unit per day
Buses	$150 per day
Roll-off	$125 per day
Cargo/accident debris/load storage vehicle components ten-foot by twenty-foot space	$45 per space used per day
Rental of any tow-company-supplied trailer (post-incident)	$500 per day
Additional Services/Notes
Fuel/hazmat/cargo spills clean-up and disposal	Time and material
Hazmat and trash recovery	Surcharged 10%
Subcontractor mark-up	10%
Administrative charge only after the third visit to vehicle (passenger cars, SUVs and trucks only)	$50
Administrative charge only after the third visit to vehicle (medium/heavy-duty trucks only)	$200
After-hours release	$75
Notification and documentation fee	$50
Tarping/wrapping vehicles (passenger cars and trucks under 10,000 lbs.)	$25 per side window; $40 per front and rear window; $90 max per vehicle
Tarping/wrapping vehicles (medium-duty/heavy-duty trucks over 10,000 lbs.)	$250 per truck

§ 366-9 Revocation and suspension of license.

The Borough Administrator may revoke any license issued under this chapter for good cause, upon the recommendation of the Chief of Police. As used herein, "good cause" shall mean that the licensee has, after notice and the opportunity to cure or otherwise explain the deficiency as hereinafter set forth:

(1)

Failed to meet the performance standards and/or failed to meet licensing standards relating to equipment, insurance and/or the general standards of this chapter;

(2)

Supplied fraudulent or inaccurate information on the application; or

(3)

Violated municipal or state regulations, which relate specifically to performance hereunder.

Written notice of the pendency of revocation action, together with the basis thereof, shall be given to the licensee. Within 10 days of receipt of said notice, the licensee may request a meeting with the Borough Administrator who shall thereupon schedule same. Upon good cause shown, the Administrator may grant to the licensee 30 days to cure any deficiency. If the Administrator, after meeting with the licensee, determines that the license should be suspended, the licensee shall be given notice of the final action.

Revocation by the Borough Administrator may be appealed to the Borough Council by written notice to the Borough Clerk within 10 days of receipt by the licensee of notice of final action of revocation. The Council shall decide the appeal summarily after reviewing a report by the Borough Administrator together with statements from any and all witnesses and interested parties, including the towing company involved. The Council shall decide the appeal no later than 30 days after receipt of notice of appeal by the Borough Clerk and shall render its decision by a written resolution, stating its findings and conclusions.

If a license has been revoked, the towing operator may be disqualified from reapplying for two successive licensing periods.

The Chief of Police may temporarily suspend a license for just cause, including conviction of a crime involving moral turpitude.

§ 366-10 Performance standards.

Licensees shall:

When on call, provide towing on a twenty-four-hour, seven-day-a-week basis, including holidays.

Dispatch a tow truck or trucks, as circumstances warrant, when requested by the police to respond, in such a manner that the tow truck arrives at the scene within 15 minutes under normal and reasonable circumstances. A failure to respond within 15 minutes on more than three occasions within a year may result in the towing operator being removed from the approved list.

Maintain and operate all tow trucks in accordance with all existing traffic regulations and in a safe and prudent manner.

Not stop at any accident scene unless directed by the police, except to notify police of an unattended accident and advise accident victims that police have contacted the licensee on rotation; and not solicit or attempt to divert patrons of another towing operator, whether or not licensed under this section, or solicit prospective patrons of a given repair service to any other repair service.

Not respond to the scene of an accident except upon notification by police.

Not tow vehicles without proper authorization from the police at the scene or the owner or driver at the scene. Upon such authorization and if not accompanied by the owner or the driver of the towed vehicle, the licensee shall disclose, in writing, the location of the storage facility.

Not release any vehicle impounded or confiscated without proper authorization from the police.

Notify the police on a monthly basis of unclaimed vehicles.

Be responsible for all vehicles and their contents after towing. If the vehicle is unattended, the licensee shall make an inventory of any apparent valuable contents at the accident scene and maintain said inventory at least until the disposition of the vehicle.

Cooperate with other towing operators in the case of emergency services at the scene of accidents, significant weather event and/or disasters.

Comply with police instructions at the scene, even if it means countermanding towing requests by other drivers of disabled vehicles.

Request police assistance during the course of servicing when negotiating difficult towing operations.

Prior to departure from the accident scene, clean and clear streets of any debris resulting from any accident, and toward that end, carry the necessary equipment to perform such cleaning services.

Report any dispute between towing operators and/or persons at the scene to the police, and report to the police any observed disabled vehicles, accidents or any other activities that may require police attention.

Not use flashing lights or sirens except as permitted by the police pursuant to law.

Not tow a vehicle for illegal parking on public property unless so directed by the police.

Immediately notify the police in the event that the licensee is not operational due to mechanical failure, personnel deficiency or other incapacitating cause.

Maintain written records for at least seven years from the date of the service of all tows performed and all signed acknowledgements of receipt of vehicles by owners or authorized agents.

Post hours of operation on storage facilities so that the public may be informed as to when the facilities are open for recovery of motor vehicles.

Maintain the public portions of storage facilities as a clean and safe environment for public invitees.

Not park or store an impounded vehicle on any public street or sidewalk or any outside unsecured area.

Not employ any Borough employee or allow any Borough employee to have a financial interest, direct or indirect, in the towing operator's business.

Clear debris from roadway prior to departure from the scene.

If called as a backup tow, the vehicle shall be towed to the yard of the backup tow.

Disconnect cables from disabled vehicle battery terminals as to avoid possible fire hazards.

Display fee cards, conspicuously indicating the maximum rates for towing and storage charges, in each tow truck, and present a card to the driver of the disabled vehicle to be towed. Such a fee card shall also be conspicuously posted at every storage facility and location where the vehicle is to be retrieved.

AA.

Accept at least one major credit card for towing services.

BB.

Remit administrative fees to the Borough Clerk monthly.

CC.

Maintain minimum hours for the retrieval of stored vehicles from storage facilities of 8:00 a.m. to 4:00 p.m. Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturdays.

§ 366-11 Limitations on towing and storage charges.

The maximum rates for towing and storage of vehicles shall be as established by this chapter; provided, however, that no such rates shall exceed those permitted and as same may be amended or supplanted by state statute or regulation.

Storage charges shall be calculated on the basis of a calendar day. For purposes of this chapter, a calendar day shall mean the day on which a vehicle is towed to the storage yard, regardless of the time of day, to 12:01 a.m. of the following day. There shall be no storage charge due for the first day of storage, as defined in this chapter, provided that the vehicle is properly removed from the storage yard within that first day. If the vehicle is retrieved thereafter, storage charges shall be charged for each day or part thereof that the vehicle is in the storage yard. In the event that the person claiming the towed vehicle reports to the police prior to 12:01 a.m. on the date the vehicle was towed on a day and time when, for whatever reason, licensee cannot release the vehicle, the claimant shall be given written confirmation of the date from the police department tour commander. If the vehicle is then claimed from the licensee on the next regular business day, no storage charge shall be exacted from the time the vehicle was first claimed until it was actually picked up.

If the owner of an unattended vehicle appears on the scene and the vehicle does not need to be towed or impounded, the licensee shall not charge for the service call, unless the vehicle has been hooked up to the tow truck, in which event 50% of the authorized towing charge may be assessed against the owner or driver of the vehicle.

There shall be no charge for towing, storage or impoundment if it is determined by the Chief of Police or his designee that such vehicles have been towed, stored or impounded due to an error by the towing operator or the police. This determination shall be in the sole discretion of the Police Chief or his designee and is binding upon the licensee, who shall make no claims against the Borough or the owner of the vehicle, and if payment has already been received, the payor shall be reimbursed.

All licensees shall be obligated to tow and to make minor roadside service repairs to vehicles owned by the Borough in the event that they become disabled without charge to the Borough and as long as it is within a seventy-five-mile radius.

The Borough of Ridgefield shall retain the right to tow abandoned vehicles to its own land and retain any money realized from the sale of such vehicles.

In the event that the Ridgefield Police Department requires a vehicle to be impounded for possible evidentiary value, the licensed tow operator agrees that said tow shall be at no cost to the Borough of Ridgefield, provided that the vehicle is towed to a location within Bergen County.

§ 366-12 Operation by other tow truck operators.

This chapter shall not prevent the occasional operation at the scene of an accident, upon the request of an owner or driver of a vehicle, of a tow truck that is owned by a person not a licensee hereunder; provided, however, that the Police shall have the discretion, based on the circumstances at the accident scene, to disallow an owner or driver from utilizing a non-licensed towing operator.

§ 366-13 Implementation.

Upon the adoption of this chapter, the Borough Clerk shall give 30 days' public notice by newspaper publication of the necessity of making application for a license to engage in the business of basic towing service as a licensee of the Borough. In addition, the Chief of Police shall give notice to all towing operations known to have engaged in basic towing service in the Borough for the last year.

§ 366-14 Violations and penalties.

Any person, firm or corporation violating the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more that $500 or to imprisonment for not more than 90 days, or both, at the discretion of the Judge of the Municipal Court.

An operator engaged in the removal of motor vehicles, or any employee, officer or agent thereof, who engages in a pattern of practice of knowingly violating the fee limits set forth in Section 3 of P.L. 1987. c. 127 (N.J.S.A. 40:48-2.50) may be liable to the municipality for a civil penalty of up to $1,000 for each motor vehicle stored with the operator.

§ 366-15 Dispute resolution and license revocation.

In the event that a complaint is received by the Borough involving the improper or unsatisfactory performance of services by an official towing operator or excessive charges or damage to a motor vehicle in the custody of the towing operator, written notice of same shall be provided by the Borough Clerk to the official towing operator involved. The towing operator shall have the opportunity to respond, in writing, within five days.

Within 14 days of receipt of the towing operator's response, or within 21 days of receipt of complaint, if no response is received, the Borough Clerk shall present the matter to the Borough Administrator.

The Borough Administrator shall conduct a hearing and may request that the complainant and the towing operator involved appear and give testimony regarding the complaint. The Borough Administrator will thereafter make a report and recommendation to the Mayor and Council, who will decide the matter at the next regularly scheduled Mayor and Council meeting.

After considering the matter, the Mayor and Council shall determine whether or not a violation of the chapter by the licensed towing operator has occurred and, if so, whether revocation of the official towing operator license or other discipline, including suspension, shall be the appropriate remedy. The Mayor and Council may order the revocation of the towing operator license, which shall be surrendered to the Borough Clerk within one day.

Failure to surrender the license upon revocation shall constitute a violation of this chapter.

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 towing operator in a court of competent jurisdiction.

§ 366-16 Fee limits.

All fees to be paid to an operator by a municipality for the storage of removed motor vehicles shall not exceed the following:

(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; and

(3)

A limit of $400 per vehicle stored regardless of the duration of the storage, except that the Division of Local Government Services in the Department of Community Affairs may grant a waiver for good cause upon the request of a municipality.

An operator engaged in the removal of motor vehicles, or any employee, officer or agent thereof, who engages in a pattern or practice of knowingly violating the fee limits set in Section 3 of P.L. 1987, c. 127 (N.J.S.A. 40:48-2.50) may be liable to the municipality for a civil penalty of not less than $25 or more than $50 for each motor vehicle stored with the operator.

§ 366-17 Indemnity; insurance requirements.

Indemnity. The applicant shall agree, in writing, to defend, indemnify and hold harmless the municipality from any and all claims for bodily injury, personal injury or property damage against the municipality arising out of the operation of any towing services or repairs under this chapter. The applicant shall further defend the municipality in connection with any claim, demand, suit or action brought against the municipality arising out of the awarding or operation of any towing, garage or repair service under this agreement at the applicant's expense.

Insurance requirements.

(1)

Garage liability insurance. Limit of liability shall not be less than $3,000,000 combined single limit (bodily injury and property damage) per occurrence including premises, operations and products/completed operations.

(2)

Automobile liability insurance. Limit of liability shall not be less than $3,000,000 combined single limit (bodily injury and property damage) per occurrence.

(3)

Garagekeepers' insurance. Liability insurance shall be provided for vehicles in tow, possession of, or storage on property owned or controlled by the towing operator. Limit of said coverage shall not be less than $3,000,000.

(4)

On all liability policies, the municipality shall be added as an additional insured, and an insurance certificate shall indicate such coverage as primary coverage notwithstanding any insurance carried by the municipality.

(5)

Workers' compensation insurance. Statutory coverage, including employee liability coverage, with a limit of at least $500,000/$500,000/$500,000.

(6)

The contractor shall indemnify the municipality and the public against any loss due to injuries, accidents or damages of any type whatsoever where any such damage is the result of an act or omission of the towing operator, his agents or employees in or due to the execution of the work under the contract.

(7)

The applicant shall provide the municipality with certificates of insurance, evidencing the coverage required above. Such certificates shall provide that the municipality shall be given 30 days' prior written notice of any cancellation of, intention not to renew, or material change in such coverage by certified mail, return receipt. Certificates must be provided before commencing work in connection with the contract. Failure to submit this shall subject the towing operator to immediate disqualification.

(8)

The providing of any insurance required herein does not relieve the towing operator of any of the responsibilities or obligations assumed by the towing operator for which the towing operator may be liable by law or otherwise.