[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford 1-15-2002 by Ord. No. 2002-1. Amendments noted where applicable.]
Editor's Note: Former Ch. 274, Towing, adopted 12-11-2001 by Ord. No. 2001-9, was repealed 3-19-2002 by Ord. No. 2002-2.
As used in this chapter, the following terms shall have the meanings indicated:
- The director shall be a designee of the Mayor and Council,
who shall be appointed each year at the Mayor and Council Reorganization
Meeting.[Amended 12-17-2002 by Ord. No. 2002-21]
- FLATBED SERVICE
- Any operation in which a vehicle is moved by loading the vehicle onto a truck and transporting it without the use of its own tires or wheels.
- GOVERNING BODY
- The Mayor and Council of the Borough of East Rutherford.
- Any vehicle which can be used to tow or otherwise move another vehicle and which is for hire or used in connection with another business, and reference to any person operating or causing to be operated a tower.
- The combined operation of moving and then replacing a transmission locking pin when such operation is necessary before a vehicle can be moved.
- WINCHING SERVICE
- Any operation in which a vehicle is moved onto a roadway from a position off the roadway or any other operation in which this substantial work is required to prepare a vehicle for normal towing.
No person who wishes to tow for the Borough of East Rutherford shall operate or cause to be operated a tower upon the streets of the Borough of East Rutherford without first obtaining a license issued by the Borough Clerk of the Borough of East Rutherford as directed by the Director pursuant to this chapter. The license is nontransferable or assignable; that is, the licensee is prohibited from utilizing subcontractors, leasing vehicles from a third party to comply with this chapter or to assign the license, and said license shall expire the 31st day of December next after issuance, unless sooner suspended or revoked by the Director.
The annual fee for the tower's license shall be $2,000. All checks shall be made payable to the Borough of East Rutherford and forwarded to the Borough Clerk upon completion of the applicant process. All fees are nonrefundable as they are used to defray costs associated with the administration of this chapter. In addition to the license fee, the tower will pay $35 per vehicle towed and paid for, to the municipality; said payment shall be made quarterly.
The Director is hereby appointed, authorized and empowered to establish reasonable rules and regulations governing the inspection and operation of towers, with the approval of the governing body.
The Director shall have the power, consistent with due process of law, to recommend suspension or revocation of a tower's license for violation of safety standards or rules and regulations of operation to the governing body.
The Director shall maintain proper records of licenses issued and inspections made and shall also require all licensees to keep proper business records and to have them available for his inspection and the inspection of the Police Department.
No license shall be issued to an applicant until he shall have deposited with the Director the following certificates of insurance:
Worker's compensation insurance in accordance with the requirements of the laws of the State of New Jersey.
Comprehensive general liability coverage with a limit of liability of not less than $1,000,000, combined single limit to $3,000,000, in the aggregate to include contractual liability coverage. At the licensee's option, a garage liability policy in lieu of a comprehensive general liability policy will be acceptable if there is evidence from the carrier that they are aware of the license issued and will hold the Borough of East Rutherford harmless.
A $2,000,000 umbrella liability policy.
Automobile liability insurance with limits of not less than $1,000,000 combined single limit.
Garage liability coverage at a limit of not less than $1,000,000 combined single limit and garagekeepers' liability coverage on a direct primary basis in an amount of not less than $250,000, with a maximum deductible of $500. The tower shall be responsible to the owner of the vehicle for any deductible.
Certificates of insurance showing that the licensee is the named insured and the Borough of East Rutherford is named an additional insured. The certificates of insurance shall be delivered with the executed application to the Director.
The licensee shall defend and hold harmless the Borough of East Rutherford from any and all obligations, liabilities, judgments, claims and demands for personal injuries and damages to property which may arise out of the performance of the towers pursuant to the license. The licensee shall save harmless the Borough from all actions at law from any infringements of patent rights of tools, equipment, apparatus, or methods used by him.
Every policy required herein must contain an endorsement providing for 30 days' notice to the Borough of East Rutherford in the event of any material change or cancellation. The Borough shall be named as an additional insured on all policies and certificates of insurance required pursuant to this chapter.
All applicants for a tower's license shall obtain an application from the East Rutherford Police Department. The applicant shall complete the application as required by the reasonable rules and regulations established by the Director, which application shall include the following minimum standards:
Minimum insurance requirements as set forth in this chapter.
Minimum standards for operator performance, including but not limited to:
Adequacy of equipment as set forth herein.
Adequate facilities available for the storage of vehicles at the tower's primary place of business.
Response time at no more than 15 minutes from the time of call to the scene (barring excusable circumstances).
Proper security of vehicles towed and stored.
Minimum equipment to be owned by the operator in order for the operator to be considered for a tower's license.
In the event of a multiple situation, the second or subsequent truck shall also be held to the same standard of response time.
In order to insure a fifteen-minute response time, the tower's main office must be located within Bergen County and either in East Rutherford or a municipality contiguous thereto.
The wrecker and/or tow trucks qualifying hereunder shall have a passenger seat to transport the driver of the vehicle to be towed, if necessary, at no additional cost to the vehicle owner.
The licensee shall be available to provide services 24 hours per day, seven days per week, and shall maintain business hours as required by the Director.
The Director shall advise the Borough Clerk to issue a tower's license to those operators who qualify for the same in accordance with this chapter and the established reasonable rules and regulations. Upon approval and issuance of the tower's license, the name of said operator shall be placed on a list of qualified operators who will be utilized on a rotation basis for the removing and storing of motor vehicles for the Borough of East Rutherford at the rates and charges set forth herein. The Director shall provide the governing body with a list of towers to whom a license has been issued and a list of towers to which a license has been denied, setting forth the reasons therefor within 10 days from the date that said licenses have been approved or denied.
This chapter shall not supersede regulations for the fees for towing and storage of private passenger automobiles that are damaged in accidents or are recovered after being stolen, as established by the Commissioner of Banking and Insurance and, except to the extent otherwise regulated, the charges for service rendered by a tower's license holder in the Borough of East Rutherford shall not exceed the following rates:
[Amended 4-17-2012 by Ord. No. 2012-06; 9-19-2017 by Ord. No. 2017-10]
In cases of a motor vehicle involved in an accident, the following additional services, if actually performed:
Waiting time (after the first 15 minutes): $15 per fifteen-minute increment.
Brush cleaning (sweep roadway): $30.
Site cleanup (speedy dry): $20 per bag.
Window wrap (collision wrap): $75.
Transmission disconnect: $50.
Flatbed fee (if a vehicle can only be transported by flatbed): $65.
Special equipment (equipment other than the first tow truck, to recover a motor vehicle that cannot be recovered by winching or pieces of a motor vehicle that cannot be moved by hand):
Decoupling (end of tow): $65.
Storage fees (Storage fees are calculated per twenty-four-hour period or any part of.):
Outside storage - cars: $35.
Outside storage - trucks, buses, and others (over five tons GVW): $50.
Outside storage - trucks, buses, and others (over ten tons GVW): $125.
Inside storage - cars: $50.
Inside storage - trucks, buses, and others (over five tons GVW): $100.
Inside storage - trucks, buses, and others (over ten tons GVW): $175.
Administrative fee (if more than three trips are made to the vehicle): $65.
After-hours release (after normal business hours/weekends): $45.
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 forth in this section shall be liable for a civil penalty of $50 for each motor vehicle stored with said operator and subject to the penalties contained in § 274-9C.
In cases where a licensee must hire laborers or rent other equipment, all reasonable charges therefor may be passed along to the owner of the vehicle.
For services to or from a point outside the Borough of East Rutherford, other than the tower's storage facility, the charges shall be determined by mutual agreement of the licensee and customer.
[Amended 12-17-2002 by Ord. No. 2002-21]
The driver or operator of a tower shall give the customer a receipt for the amount paid and itemize each charge thereon.
The maximum rates established by this section shall be printed on a card approved by the Director and affixed to the interior of each tower in a permanent and conspicuous position.
Signs giving all the above information shall be erected only at points of ingress on private property. If the point of ingress is more than 50 feet wide, the signs must be so positioned as to be no more than 50 feet from the point of ingress.
The signs shall be of sheet metal or other suitable material and shall be displayed at a height of not less than four feet (bottom edge) and not more than eight feet (top edge) above the street level. Signs shall be in accordance with the municipal zoning regulations.
Signs shall be erected so as to be visible to a motorist before he leaves the thoroughfare and before he enters the tow lot.
Signs shall be composed of a solid background, and the letters, numerals or symbols shall all be of the same contrasting color.
This chapter shall apply to any and all licensed towers that operate within the Borough of East Rutherford.
This chapter shall be enforced by the Director and the Police Department of the Borough of East Rutherford. Any person violating this chapter shall be issued a summons and shall be subject to the following fines: