[HISTORY: Adopted by the Mayor and Council
of the Borough of Hopatcong 4-2-1992 by Ord. No. 13-92. Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 231.
As used in this chapter, the following terms
shall have the meanings indicated:
The governing body of the Borough of Hopatcong.
The Borough of Hopatcong.
A person, firm or corporation who owns and/or operates a
vehicle which by reason of being disabled or unlawfully upon said
roads requires towing services.
The Police Department of the municipality and/or the state
police and/or county police or such other police as may have jurisdiction
upon the roadways on which vehicles may be found in this municipality.
The Chief of Police of the Borough of Hopatcong or, in his
absence or disability, the next highest ranking officer.
The Police Department of the Borough of Hopatcong.
A person, firm or corporation engaged in the business of
providing wrecker 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 this chapter and who is licensed
under the provisions of this chapter.
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 assessed.
No towing operator shall operate within the
municipality without obtaining a license in accordance with the provisions
of this chapter. Specifically exempt from this license requirement
is the towing, transporting, conveying or removing of vehicles from
private property within the municipality 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.
A.
Equipment requirement. No license shall be issued
to a towing operator who does not possess for utilization in its business
the following equipment, which equipment shall be inspected by the
Police Chief or his authorized representative prior to a license being
issued and a report of said inspection furnished to the governing
body.
B.
Said equipment shall be designated as follows:
(1)
All towing operators must own or lease and have available
at least two conventional tow trucks or one flatbed tow truck and
one conventional tow truck.
(2)
The minimum safety equipment to be carried on all
trucks shall include a universal towing sling; low hooks and chains;
one snatch block for three-eighths- to one-half-inch cable; two high-test
safety chains; an auxiliary safety light kit to place on the rear
of the towed vehicle; a four-lamp or three-lamp revolving amber light;
a tool box with an assortment of hand tools; rear working lights and
rear marker lights; cab lights; body clearing lights located to clear
towed vehicles; a blocking choice for the wrecker while working; safety
cones; a steering wheel lock or tie-down; and a reliable radio communication
system.
[Amended 2-4-2004 by Ord. No. 1-2004]
(3)
All towing operators trucks shall be equipped with
radio communications, cellular telephones and/or beepers, enabling
them to maintain contact with their places of business.
[Amended 2-4-2004 by Ord. No. 1-2004]
(4)
All towing operators' trucks shall be equipped with
brooms and shovels for the purpose of clearing debris off roadways.
(5)
All towing operators' trucks shall have the name,
address and telephone number of the towing operator on each side of
the vehicle in letters and numbers at least three inches in height.
The towing operators' principal place of business
shall mean where the tow vehicle is stationed when not in use and
shall meet the following standards:
Storage area. A towing operator shall own or
lease a storage area for the placement of towed vehicles, which area
shall meet the following standards:
A.
It shall be located no more than 10 miles from the
boundaries of the municipality measured on any roadway traversing
the municipality.
C.
It shall be lighted at night and surrounded by a security
fence at least six feet in height.
D.
It shall always have available vacant space for at
least five vehicles.
E.
It shall be available 24 hours a day, 365 days per
year and open to the public on weekdays during normal business hours,
which are designated as 8:00 a.m. to 5:00 p.m., and limited hours
on Saturdays and Sundays, which are designated as 8:00 a.m. to 12:00
noon.
[Amended 3-4-2015 by Ord.
No. 2-2015]
A.
Application. Every applicant for a license shall submit the completed
municipal application no later than April 1 each year for the license
year which shall run from May 1 to April 30, together with the required
fee, to the Municipal Clerk. The application shall include the following
information:
(1)
The name of the person, firm or entity making the application, his
or its residence and business address and telephone number.
(2)
A full description of all licensed towing vehicles that will operate
in the municipality, together with a colored two-by-three-inch photograph
of the same.
(3)
A list of all equipment maintained on each tow vehicle.
(4)
A copy of the insurance policy in force and a statement from the
insurance company and/or its agent that said policy is in full force
and effect.
(5)
Whether the applicant, or any shareholder, officer or employee of
the applicant, has been convicted of any crime involving moral turpitude
and, if so, the nature and details of the offense.
(6)
A list of all employees, together with photostats of their driver's
licenses, which will operate the tow vehicles in the municipality.
(7)
A sworn statement or affirmation by the person signing the application
that the information therein given is full and true and known to him
to be so.
(8)
A full description of the storage facility, including the owner thereof,
its address, size, location and type of enclosures, and a photograph
of the same. If not owned by the applicant, a copy of the lease shall
be attached.
B.
Investigation of application. Upon receipt of the application, and
the required fee and documents, the Clerk shall forward it to the
Police Chief, who shall investigate the information contained therein
and submit his report to the governing body within 30 days from the
receipt thereof by the Clerk, setting forth his recommendation and
reasons why the license should or should not be issued.
C.
Issuance of license by governing body. Upon review of the report
of the Police Chief, the Clerk shall issue the license provided the
application is complete unless the Police Chief does not recommend
issuing the license. Any applicant who is denied a license shall have
the right to request in writing a hearing before the governing body.
The hearing shall be held on notice to the applicant, to determine
whether a license should be granted to the applicant.
All licenses issued shall be for a period of
one year, regardless of the date of application, and shall commence
on May 1 of the year of said application and run until April 30 of
the succeeding year.
In accordance with N.J.S.A. 40:48-2.49 and to
assure for safe and efficient towing service throughout the municipality,
all qualified towing operators shall be issued a towing license. There
shall be no limit on the number of licenses to be issued by the municipality.
A.
Indemnity. The tow operator shall indemnify and hold
harmless the municipality and any of its agents, officers and employees
from any and all claims for personal injury or property damage against
the municipality or its agents, officers and employees arising out
of the operation of any towing services or repair services under this
chapter. The tow operator shall further defend the municipality and
its agents, officers and employees at the tow operator's expense in
connection with any claim, demand, suit or action brought against
the municipality or its agents, officers and employees and arising
out of the operation of any towing, storage facility, garage or repair
service under this chapter and any license issued pursuant thereto.
B.
Insurance. The tow operator shall be required to maintain,
during the life of the license, comprehensive general liability insurance,
comprehensive automobile liability insurance and workers' compensation
insurance, with limits of not less than those set forth below.
(1)
Liability insurance.
(a)
Comprehensive general liability insurance. The
limit of liability shall not be less than $500,000 combined single
limits (bodily injury and property damage) per occurrence and aggregate,
including premises operations and products/completed operations.*
(b)
Automobile liability insurance. The limit of
liability shall not be less than $500,000 combined single limits (bodily
injury and property damage) per occurrence.*
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(* NOTE: Liability insurance policies shall
be specifically endorsed to provide collision insurance for vehicles
in tow.)
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(2)
Workers' compensation insurance: Statutory coverage,
including liability coverage with a limit of at least $100,000.
(3)
Excess umbrella in the amount of $1,000,000 giving
protection in excess of the $500,000 general and auto liability coverage.
(4)
On all liability policies, the municipality shall
be named as an additional insured, and insurance certificates shall
indicate such coverage.
(5)
Insurance coverage shall indemnify the municipality,
its agents, officers and employees and the public against any loss
due to injuries, accidents or damages of any character whatsoever,
where any such damage is the result of an act or omission of the tow
operator or his agents or employees in or due to the execution of
the work called for under the license.
(6)
The tow operator shall provide the municipality with
certificates of insurance evidencing the coverages required above.
Such certificates shall provide that the municipality be given at
least 30 days' prior written notice of any cancellation of, intention
not to renew, or material change in such coverage.
(7)
Failure to provide and continue in force such insurance
as required above shall be deemed a material breach of the license
and shall operate as an immediate revocation thereof.
The following rules and regulations shall apply:
A.
The governing body hereby designates the Police Department,
generally, as its specific designee and the Police Chief, particularly,
as the supervising authority to enforce the provisions of this chapter,
as well as the rules and regulations adopted, with the ultimate authority
vested in the governing body.
B.
Prior to license renewal, each towing operator licensed
shall be inspected for fitness by a representative of the Police Department
and shall appropriately complete a new application for each year.
C.
Each licensed towing operator at all times shall maintain
and carry the necessary equipment to remove disabled or locked vehicles
or equipment necessary to operate or open vehicles to enable public
safety personnel to remove entrapped passengers.
D.
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.
E.
No towing operator licensed hereunder shall respond
to the scene of an accident except upon the request of the driver
or owner of the vehicles involved or except upon notification through
the channel of communication established by the Police Department
to notify licensed towing operators of the necessity of their presence.
F.
Refusal to tow at the scene of the towing and the
type of car refused shall be reported by the Police Officer assigned
to the incident to his superior. The report of refusal shall be furnished
to the Police Chief as soon as practicable.
G.
Towing operators shall arrive at the scene to which
dispatched within a reasonable time after being dispatched. Under
normal circumstances, such reasonable time limit is hereby defined
as within 20 minutes.
H.
When any unusual situation occurs which may threaten
or be dangerous to the safety or health of the public, the Police
Chief, or his designee, shall contact the New Jersey Department of
Environmental Protection for the purpose of assuming control of the
danger or threat.
I.
Where no designation has been made, licensed towing
operators are authorized to remove the vehicle to the towing operator's
storage facility.
J.
When vehicles are towed to premises controlled by
the Police Department for the purpose of utilizing the vehicle or
its contents as evidence or for other purposes, such vehicle shall
not be released from police custody unless the owner of the vehicle
furnishes the Police Department with a receipt that towing service
fees have been paid.
K.
In all cases where vehicles are to be towed for illegal
parking or other offense, summons shall be issued prior to towing.
L.
All fees must be itemized on a service bill to be
provided to the vehicle operator or mailed or delivered to the owner
within 48 hours. As a minimum, this bill must contain the following:
the name and business address of the tow operator; the name of the
employee performing the towing; the location of the storage area containing
the vehicle; and an itemized list of services performed and the fee
charged for each.
M.
The motorist shall retain the right to specify which
towing operator he wishes to use or where he wishes his vehicle to
be towed, provided that this request does not result in an extensive
delay in clearing an accident scene and/or correcting a traffic hazard.
The towing operator has a right to refuse to tow a vehicle more than
20 miles from the municipal limits.
N.
All operators shall be capable of performing minor
car service and repair at the scene or their base of operations at
the time of service call. Minor car service is defined as the jump-starting
of vehicles, providing fuel, changing tires and similar semiskilled
activities.
O.
Towing operators shall be responsible for all vehicles
and contents in their custody.
P.
All vehicles impounded or confiscated by the police
shall not be released without prior police authorization.
Q.
Records of inspections.
(1)
The towing operator shall record all vehicles towed
on forms provided by the Municipal Police Department as soon as possible
after each vehicle is towed.
(2)
Records shall be kept for a seven-year period.
(3)
The towing operator shall maintain a record of all
personal property in a towed vehicle that he can observe in sight
at the time the vehicle comes into his possession.
(4)
Authorized representatives of the Police Department,
or their designees, shall have access to any of the records required
to be kept by the contractor.
R.
Rights of owners.
S.
Dealing with the public. In all his dealings with
the public in connection with the operation, the towing operator is
expected always to act in a professional manner and at all times to
be courteous and respectful toward members of the public.
T.
Such additional rules and regulations that may be
adopted by the governing body by resolution shall apply. A copy of
any such rule or regulation shall be forwarded to each towing operator
by certified mail, return receipt requested.
A.
Each tow operator shall be placed on a rotational
list completed by the Police Chief. Such licensee shall be called
upon to respond to the needs of the Police Department of the municipality
on a structured rotational basis.
B.
Tow operators shall advise the police dispatcher if
they are unable to respond to a call and the reason therefor.
C.
Tow operators shall notify the police dispatcher if
a vehicle is gone upon their arrival.
D.
The Police Chief shall establish a structured rotational
procedure and provide each tow operator with a copy thereof. It shall
list when an operator shall be charged or not charged for failing
to respond to a call and how he will be rotated on the call list.
[Amended 8-1-1996 by Ord. No. 19-96; 2-4-2004 by Ord. No.
1-2004; 6-7-2006 by Ord. No. 22-2006]
All towing and storage fees shall conform to
those requirements as set forth in N.J.S.A. 17:33B-47[1] and 17:33B-48 and N.J.A.C. 11:3-38 et seq.
A.
Towing services. The fees set for towing rates are
the maximum charges that shall apply to a private passenger automobile
for basic towing services rendered as a result of an accident, theft
recovery, removal as directed by the Borough, or for any vehicle unable
to be operated for any reason under its own power. There shall be
no additional charges for flat bedding, waiting time, winching, cleanup
costs and additional labor, when only basic towing services are provided.
(1)
The towing rates shall be a flat fee from any point
in the Borough to any other point in the Borough regardless of mileage.
(2)
Tow vehicles transporting multiple passenger cars
at one time shall receive the applicable fees for each vehicle transported.
(3)
The flat rate charge shall apply at all times regardless
of when the towing shall occur.
(4)
The following is the fee schedule for towing services:
[Amended 4-18-2012 by Ord. No. 10-2012]
(a)
Days, nights, weekends and New Jersey State
holidays. From any location within the Borough to any other location
in the Borough: a flat rate of $125.
(b)
From any location within the Borough to any
location outside of the Borough: a flat rate charge of $125 and a
mileage fee to be agreed upon by the owner and tower. If no fee is
agreed upon, the tower shall tow the vehicle to its storage facility
to allow the owner to make alternate arrangements for the removal
of the vehicle.
(5)
Unless the officers at the scene deem it necessary
to impound the vehicle for evidence purposes, the owner or operator
may designate the location to where the vehicle shall be transported.
(6)
As a condition of licensed approval, the tow operator
shall provide towing services upon request to the Borough of Hopatcong
for towing of municipal vehicles at the following rate schedule:
B.
Storage fees. The fees set forth for storage fees
are the maximum storage charges per twenty-four-hour period that shall
apply to a private passenger automobile that is stored by a person
as a result of an accident or theft recovery or towed as a result
of being unable to be operated for any reason under its own power.
(2)
No vehicle shall be stored inside a building unless
authorized by the owner, operator or by the police officer on duty
at the scene when the police officer deems it necessary to utilize
the vehicle or its contents as evidence.
(3)
All fees to be paid to an operator by the Borough
for the storage of removed motor vehicles shall not exceed the following:
[1]
Editor's Note: N.J.S.A. 17:33B-47 was repealed
by L. 1997, c. 387, § 6, effective 1-19-1998.
The governing body shall have the right to suspend
or revoke any license issued pursuant to this chapter for good cause
upon written complaint of the Police Chief. In the event that a towing
operator fails or refuses to retain the proper equipment, personnel
or facilities necessary to perform the services required for towing
operators or that the services performed are not satisfactory or violate
any provision of this chapter, rules or regulation duly adopted, the
Police Chief shall file a written complaint with the governing body
that there is probable cause for revocation or suspension. 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 governing body prior to final determination of the complaint
by the governing body.
A.
No license issued pursuant to this chapter may be
assigned, transferred, sold or posted as collateral.
B.
Any transfer of ownership, with or without consideration,
in a licensee's business shall render the license immediately void.
In the event of sale or transfer, the new applicant, if any, shall
make a new application, pay fees and be approved by the governing
body.
[Amended 2-4-2004 by Ord. No. 1-2004]
Any operator, person, firm or corporation engaged
in the removal of motor vehicles who engages in a pattern or practice
of knowingly violating the fee limits established herein shall, upon
conviction thereof, be subject to a civil penalty of not less than
$25 or more than $50 for each motor vehicle stored with the operator,
person, firm or corporation.
