Borough of Glen Ridge



THE BOROUGH OF GLEN RIDGE

Essex County, New Jersey

ORDINANCE NO. 1501

AN ORDINANCE TO AMEND

CHAPTER 10 - VEHICLES

AND TRAFFIC

BE IT ENACTED AND ORDAINED, by The Mayor and The Borough Council of The Borough Of Glen Ridge, in The County Of Essex and The State Of New Jersey, as follows:

10.05 IMPOUND OF VEHICLES

10.05.010 Purpose and Intent

The purpose and intent of this Ordinance is to establish pursuant to N.J.S.A. 40A:11-5(1)(u), a list of towing contractors to provide towing services for the Borough of Glen Ridge (“Borough”) on a rotating basis, and to establish, pursuant to N.J.S.A. 40:48-2-49, regulations governing contractors engaged in the removal of motor vehicles, towing services, road services and towing of vehicles that are abandoned, disabled, illegally parked, recovered stolen, involved in motor vehicle crashes and/or suspected or identified by the Borough as being involved in criminal activities.

10.05.020 Definitions

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED – Any automobile which is parked upon a public place or on a person’s private property without the property owner’s consent without the current year’s registration or license plate as required by law, for a period of more than 48 hours or is positioned so as to constitute an obstruction to traffic.

AUTOMOBILE – A private passenger automobile of a private passenger, station wagon or sports utility vehicle type that is owned or leased and is neither used as a public or livery conveyance for passengers not rented to others with a driver; and a motor vehicle with a pickup body, or delivery sedan, a van, or a panel truck or a camper type vehicle used for relational purposes owned by an individual, not customarily used in the occupation, profession or business of the owner(s).

|  |CRUISING — The operation of an unengaged wrecker along the public streets in any fashion intended, likely or calculated to |

| |solicit business. |

|  |OWNER — A person, firm or corporation who owns and/or operates a vehicle on the roads and highways within the Borough of Glen |

| |Ridge, which vehicle, by reason of being disabled or being unlawfully upon said roads, requires towing services. |

|  |TOWING OPERATOR — A person, firm or corporation with a principal place of business located in the Borough of Glen Ridge engaged |

| |in the business of providing wrecker services for vehicles towed, which services are made available to the general public upon |

| |such rates, charges and fees as determined by said person, firm or corporation and who is holder of a permit under the provisions|

| |of this chapter. |

|  |WRECKER — 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. |

10.05.030 Purpose of towing contractors.

The purpose of this chapter is to establish, pursuant to N.J.S.A.

40A:11-5(1)(u) a list of towing contractors to provide towing services for the Borough of Glen Ridge on a rotating basis and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations governing operators engaged in the removal of motor vehicles.

10.05.040 Rotary list

A. This chapter hereby establishes a list of towing contractors to provide basic and non-basic towing services for the Borough of Glen Ridge on a rotating basis. The Police Department will maintain the rotary list and determine the time period for each rotation. The list of tow contractors shall be determined by and under the direct supervision of the Chief of Police.

B. A towing contractor shall be placed on the rotary list in the order in which its application was approved. Each new towing contractor shall initially be placed last on the list. No towing contractor may be listed more than once, and no contractor shall be permitted to lease its tow vehicles to another licensed tow contractor in order to receive multiple listings.

C. Towing services must be provided on a twenty-four-hour, seven-days-per-week basis. It is required that a tow vehicle be on the site of the event within 15 minutes of the time of the call from the Police Department. If a towing contractor is called and for any reason does not or cannot perform the requested towing service, the next towing contractor on the list will be called to perform the towing service.

D. If no towing contractor on the rotating list is able to perform towing services when necessary, the Borough is entitled to have said service performed by a towing contractor not contained on the rotating list.

E. During adverse weather conditions or other emergency conditions, all towing contractors on the rotating list shall give priority to requests for towing services made by the Borough over requests made by third parties.

F. All towing facilities used to store towed vehicles shall be within (1) mile of the Borough boundaries.

10.05.050 Borough Clerk approval required

No person who wishes to engage in municipal police towing shall engage in the business of operating wreckers or tow trucks for the aforementioned purpose within the Borough without first obtaining approval from the Borough Clerk, therefore:

10.05.060 Application for permit; contents

|A. |Every applicant seeking approval from the Borough Clerk under this chapter shall complete, sign and verify a written |

| |application, on forms furnished by the Municipal Clerk. |

|B. |The application shall state: |

| |(1) |

| |The name and address of the applicant. |

| | |

| |(2) |

| |The residence address and full local address, if any, of the applicant. |

| | |

| |(3) |

| |The serial number and registration of each vehicle to be operated by the applicant. |

| | |

| |(4) |

| |The location of the storage area for wreckers and cars and the amount of available space for storage of towed cars. |

| | |

| |(5) |

| |The name and address of the insurer and policy numbers of the garage-keeper's liability and garage liability policies. |

| | |

| |(6) |

| |Consent to appointment of the Municipal Clerk as the applicant's true and lawful attorney for the purpose of acknowledging |

| |service out of any court of competent jurisdiction to be served against the applicant. |

| | |

| |(7) |

| |An agreement to be available for service or on call 24 hours a day and to abide by the fees contained in this chapter. |

| | |

10.05.070 Filing of application; investigation.

|A. |The applicant shall file the completed application forms, in duplicate, with the Police Department of the Borough. |

|B. |The Chief of Police shall be charged with the investigation of prospective towing companies and shall approve said company when|

| |he or she finds that: |

| |(1) |

| |The public convenience and necessity require the proposed wrecker service for which an application has been submitted. |

| | |

| |(2) |

| |The applicant and all employees are fit and proper persons to conduct or work in the proposed business. |

| |Reasons for denial |

| |Submitting a fraudulent or misleading application |

| |A criminal conviction of the towing operator or a named principal of the toeing operator |

| |Failure to respond reliably and promptly to calls for assistance or any other unsatisfactory performance action which |

| |interferes with the proper operation of the rotating system maintained by the police department |

| |Failure or refusal to tow or remove and clean any debris field of a motor vehicle when requested to do so by an appropriate |

| |municipal official |

| | |

| |(3) |

| |The application submitted by the applicant complies with the requirements of this chapter and all other applicable ordinances |

| |of the Borough. |

| | |

| | |

| | |

| | |

10.05.080 Approved applications; contents; term; fee.

|A. |The Municipal Clerk shall promptly notify the applicant of the approval of his or her application by the Chief of Police. |

| | |

|C. |All applications shall expire on December 31 of the year it is approved. |

| | |

|D. |The registration fee for the application certifying compliance herewith and authorizing towing issued under this section shall |

| |be $150.00; No portion of this fee shall be prorated for any part of the year. |

10.05.090 Approved applications not transferable; display.

|A. |An application issued under this chapter shall not be transferable. |

| | |

10.05.100 Vehicle requirements.

Each tower shall make available for service during the term of this contract at least one wrecker to be at least one-ton capacity. The contractor must furnish police scanner radios, which shall be tied into the proper police frequency, in order to receive calls for service. In addition to the wrecker required above, the contractor shall make available at least one heavy-duty wrecker of a minimum thirty-eight-ton capacity and at least one flatbed carrier with at least a two-car capacity for service during the term authorized by the tower's permit. Each tower shall submit proof of such availability, including contracts, leases or contingent leases with lessors, if any. The permit application shall list all equipment to be made available, the owner of the same and encumbrances, if any.

Towing of Private Vehicles

| | |

| |An administrative fee of $25.00 shall be paid to the Borough for each vehicle towed in accordance with this chapter, said fee |

| |payable on a monthly basis directly to the Chief Financial Officer of the Borough. |

Towing of Borough vehicles

Any Borough vehicles, whether located on or off the road, will be towed free of charge, and towing operators shall also provide emergency road service for Borough vehicles, at no charge, including but not limited to repair of flat tires, jump-starting and winching of vehicles, and refueling.

10.05.110 Required equipment on vehicles.

The vehicles shall be equipped with the following items:

|A. |A minimum of two flashing yellow lights pointed to the rear and so mounted as not to be obstructed by any motor vehicle being |

| |towed by the towing company. |

|B. |A minimum of two flashing yellow lights spaced at least four feet apart and so constructed as to be mountable on the rear of |

| |any vehicle being towed by the towing company. |

|C. |One shovel and one broom for use in removing debris from roadways. |

|D. |One twenty-pound dry-chemical fire extinguisher. |

|E. |Absorbents, such as "Speedy Dry." |

10.05.120 Removal of debris from accident scene

In the event that a towing company is requested by the Borough to render services in accordance with this chapter at the scene of a motor vehicle accident, the towing company shall remove from the street all broken glass, metal and other debris resulting from said accident.

10.05.130 Insurance requirements

|A. |The towing operators agree that shall defend, indemnify and hold harmless the Borough from and against any and all claims, |

| |suits, judgments and demands whatsoever, including, without limitation. Cost, litigation expenses, counsel fees, and |

| |liabilities with respect to injuries or to death of any person or persons whatsoever, or damage to any property by whomever |

| |owned, arising out of, or cause or claim to have caused in whole or in part by negligent acts or omissions of the towing |

| |operators, while in the performance of rendering any service to the scope of this ordinance. |

| | |

| |The towing operator shall not hold the Borough liable for any and all fees for any towed or stored vehicles whiclh are |

| |unclaimed or abandoned on the towing operator’s facilities. |

|B. | |

| |No permit shall be issued to an applicant until he or she shall have deposited with the Chief of Police the following insurance|

| |policies: |

|C. |(1) |

| |A garage-keeper's liability policy covering fire, theft and explosion in the minimum amount of $25,000 and collision coverage |

| |subject to a maximum deductible of $100, with each accident deemed a separate claim. |

| | |

| |(2) |

| |A garage liability policy covering the operation of the applicant's business, equipment and vehicles for any bodily injury or |

| |property damage in the minimum amounts of $500,000 for any one person killed or injured and $1,000,000 for more than one person|

| |killed or injured in any one accident. This policy shall also provide for coverage in the minimum amount of $10,000 for all |

| |damage arising out of injury to or destruction of property. |

| | |

|D. |Each policy required herein must contain an endorsement providing for 20 days' notice to the Borough in the event of any |

| |material change or cancellation. |

| | |

| |C. |

| | |

| |C |

| | |

| |C. |

| | |

10.05.140 Twenty – four hour operation required

No permit shall be issued to an applicant hereunder unless its employee shall be available or on call on a twenty-four-hour basis to tow disabled vehicles.

10.05.150 Storage areas

All companies must have sufficient storage areas on their own premises to store not fewer than 40 towed vehicles, and the applicant shall have sufficient available space for properly accommodating and protecting all disabled motor vehicles to be towed or otherwise removed from the place where they are disabled. The disabled vehicles shall not be stored or allowed to remain on public property or streets or on property which is not zoned for such storage.

10.05.160 Enforcement and supervision

|A. |The governing body hereby designates the Police Department, generally, and the Chief of Police, in particular, as its agent to |

| |supervise the enforcement of the terms and provisions of this chapter and the rules and regulations adopted hereunder. |

|B. |No individual owner or operator of a wrecker shall respond to the scene of an auto accident except upon notification by the |

| |officer in charge of police headquarters or upon request of the driver or owner of the vehicle involved. |

|C. |The officers investigating accidents which require a wrecker shall get authorization from the drivers or owners of cars as to |

| |who is to do the towing. |

|D. |To amplify and expedite the enforcement of the provisions of this chapter, the Chief of Police is authorized to establish a |

| |system of rotation in the assignment of wreckers where the owner or the driver declines to indicate any specific choice of a |

| |wrecker to remove the disabled vehicle. |

|E. |No individual owner or operator of a wrecker nor any towing company shall tow or remove any vehicle from the place where it is |

| |disabled unless the towing company is able to store or place the disabled vehicle on property owned or leased by the towing |

| |company which is zoned for such storage, and it shall be considered to be a violation of this chapter and cause the revocation |

| |of a permit if the towing company stores or allows the disabled vehicle to remain on public property or on Borough streets. |

| | |

10.05.170 Record book; monthly reports; other reports

|A. |Every person authorized to tow hereunder shall record in a book kept solely for such purpose the details of each disabled |

| |vehicle towed, serviced or transported, together with full information concerning the details surrounding the hiring, the names|

| |of the owners of the towed vehicle and of the patron engaging him or her and the charges paid for his or her services. The |

| |record book herein described shall be kept open for inspection at all times by any duly authorized representative of the |

| |Borough. |

|B. |Each towing company shall submit, by the fifth day of each month, a detailed written report to the Chief of Police indicating |

| |all vehicles towed the previous month and all towed vehicles currently stored. |

|C. |Each towing company will comply with the Glen Ridge Police Department regulations regarding impound reports and vehicle release|

| |permits. |

10.05.180 Revocation of permit; notice of hearing

|A. |Permits issued under the provisions of this chapter may be revoked by the Borough Administrator, after notice and hearing, for |

| |any of the following causes: |

| |(1) |

| |Fraud, misrepresentation or false statement contained in the application for the permit. |

| | |

| |(2) |

| |Any willful violation of this chapter. |

| | |

| |(3) |

| |Conviction of any crime or disorderly person's offense involving moral turpitude. |

| | |

|B. |Notice of the hearing for revocation of a permit shall be given to the towing company, in writing, setting forth specifically |

| |the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed by registered or certified |

| |mail, return receipt requested, addressed to the towing company at his or her last known address, at least five days prior to |

| |the date set for the hearing. |

10.05.190 Appeal from denial of application

|A. |Any person aggrieved by the action of the Chief of Police or the Municipal Clerk in the denial of an application as provided in|

| |of this chapter shall have the right of appeal to the Borough Administrator. Such appeal shall be taken by filing with the |

| |Borough Administrator, within 14 days after notice of the action complained of is mailed to such person's last known address, a|

| |written statement setting forth fully the grounds for the appeal. |

|B. |The Borough Administrator shall set a time and place for the hearing of such appeal, and notice of such hearing shall be given |

| |to the appellant in the same manner as provided in for the notice of the hearing on revocation. |

|C. |The decision and order of the Borough Administrator on such appeal shall be final and conclusive. |

10.05.200 The Borough Of Glen Ridge shall conduct auctions of unclaimed vehicles on a timely basis as prescribed by law

Sale of impounded vehicles - Whenever any motor vehicle, junk automobile or junk automobile body is impounded by the Police Department and remained unclaimed for a period of 30 days, the motor vehicle, junk automobile or junk automobile body shall be sold under the directions of the Clerk of the Glen Ridge Borough or her designate at public auction to the highest bidder. Such auction held shall take place after notice of such sale has been given at least seven days prior thereto by one publication in the newspaper circulated in the Borough and upon the mailing of a copy of said notice to the owner of the motor vehicle, junk automobile or junk automobile body and/or to the owner or tenant of the lands upon which a violation is occurring by registered mail at least seven days prior to the sale. All revenues collected from the sale of the motor vehicle, junk automobile or junk automobile body shall be retained by the Glen Ridge Borough as a cost of administration after payment of towing contractor costs as otherwise provided by statute, Borough ordinance, resolution and contract.

10.05.210 Violations and penalties

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.

Nothing in this Chapter shall be construed to abrogate or impair the power of the Borough of Glen Ridge or any officer or department to enforce any provisions of its charter, or any other provisions of its Code or regulations promulgated thereunder, nor to prevent or punish violations thereof, and the powers conferred by this Chapter shall be in addition and supplemental to the powers conferred upon the Borough by any other law or provision of the Glen Ridge Code.

If any clause, sentence, subdivision, paragraph, section or part of this Ordinance be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section, or part thereof, directly involved in the controversy in which said judgment shall have been rendered.

Ordinance Adopted: Monday, October 27th, 2008.

_______________________

Peter A. Hughes,

Mayor

ATTEST:

_________________________

Michael J. Rohal,

Municipal Clerk

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