Glen Ridge Borough, NJ
Chapter 10.05 - IMPOUND OF VEHICLES
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The purpose and intent of the ordinance codified in 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 ("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.(Ord. 1501 (part), 2008)
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The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:"Abandoned" means 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 forty-eight hours or is positioned so as to constitute an obstruction to traffic.
"Automobile" means 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" means the operation of an unengaged wrecker along the public streets in any fashion intended, likely or calculated to solicit business.
"Licensed wrecker" shall mean any wrecker licensed pursuant to the provisions of this section.
"Licensee" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind that is in contact with the Borough, pursuant to this section, to provide wrecker/towing services to the Borough.
"Owner" shall mean a person, firm, corporation or partnership who owns and/or operates a motor vehicle on the roads and highways within the borough of Glen Ridge.
"Person" shall mean any person, owner, employee, firm, partnership, association, corporation, company or organization of any kind.
"Principal location" shall mean the business office of the licensee where the licensee shall conduct business associated with the towing and storage of vehicles under the authority of the towing license issued by the borough of Glen Ridge. Principal location must be located within one mile of the boundaries of the borough of Glen Ridge.
"Towing operator" shall mean a person, firm, corporation or partnership engaged in the business of providing towing, road service and storage services for motor vehicles that is licensed by the borough of Glen Ridge.
"Wrecker" means 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.
(Ord. 1501 (part), 2008; Ord. No. 1778, § 1, 10-11-2022)
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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.(Ord. 1501 (part), 2008)
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A.
This chapter 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 fifteen 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 one mile of the borough boundaries.
G.
The number of towing contractors shall be limited to three firms.(Ord. 1501 (part), 2008)
(Ord. No. 1631, 8-10-2015)
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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.(Ord. 1501 (part), 2008)
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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 twenty-four hours a day and to abide by the fees contained in this chapter.(Ord. 1501 (part), 2008)
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A.
The applicant shall file the completed application forms, in duplicate, with the office of the clerk of the borough. Applications may be obtained from the clerk's office on and/or after October 15 of each year and must be submitted no later than November 15 of each year.
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.
a.
Reasons for Denial.
i.
Submitting a fraudulent or misleading application;
ii.
A criminal conviction of the towing operator or a named principal of the towing operator;
iii.
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;
iv.
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.
a.
As part of the chief of police's investigation of the license application a criminal history check and drivers abstract will be performed on all persons listed in application.
b.
The borough of Glen Ridge recognizes that the licensee must be trustworthy in that it is safeguarding vehicles belonging to others. Therefore, to protect the public interest, the borough may disqualify any applicant wherein an employee, owner, principal, agent, etc. that has been convicted of a crime or violation under this section which crime or violation would indicate that the applicant may not be responsible to perform in the best interest of others.
c.
The borough of Glen Ridge recognizes that tow truck operators must also be drivers who abide by this state's motor vehicle laws. Accordingly, any tow truck operator having one or more convictions, within three years of the date of the filing of licensee's application, or renewal thereof, for a moving violation of the motor vehicle laws of this state, which the borough chief of police determines will negatively impact upon the ability of the tow truck operator to safely and properly operate a motor vehicle will be disqualified from operating any of the applicant's motor vehicles while performing services listed in this section. If the applicant is already licensed and upon a conviction for any moving motor vehicle violation which the borough chief of police determines will negatively impact upon the ability of the tow truck operator to safely and properly operate a motor vehicle, a tow truck operator will be immediately disqualified from operating any of the licensee's motor vehicles while performing duties associated with this section.
d.
The chief of police shall have a minimum of thirty, but not to exceed forty-five days days after the receipt of the completed application to complete the investigation and inspection and to submit a written report to the borough clerk. The report shall include recommendations that the applicant be accepted, denied or accepted with provisions.
e.
The licensee shall notify the police department in writing of any criminal charges,motor vehicle offenses and ordinance violations that are issued against the licensee or its employees during the term of the license. Failure to make the proper notification to the police department may result in the revocation of the license.(Ord. 1501 (part), 2008)
(Ord. No. 1675, § 1, 2-12-2018; Ord. No. 1778, § 2, 10-11-2022)
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A.
The municipal clerk shall promptly notify the applicant of the approval of his or her application by the chief of police.
B.
All applications shall expire on December 31 of the year it is approved.
C.
The registration fee for the application certifying compliance herewith and authorizing towing issued under this section shall be two hundred fifty dollars (non-refundable); no portion of this fee shall be prorated for any part of the year.
D.
The fee for the towing license after approval of application shall be fifty dollars.(Ord. 1501 (part), 2008)
(Ord. No. 1778, § 3, 10-11-2022)
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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 twenty-five dollars 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.
(Ord. 1501 (part), 2008)
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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."(Ord. 1501 (part), 2008)
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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.(Ord. 1501 (part), 2008)
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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 chapter.
B.
The towing operator shall not hold the borough liable for any and all fees for any towed or stored vehicles which are unclaimed or abandoned on the towing operator's facilities.
C.
No permit shall be issued to an applicant until he or she shall have deposited with the chief of police the following insurance policies:
1.
A garage-keeper's liability policy covering fire, theft and explosion in the minimum amount of twenty-five thousand dollars and collision coverage subject to a maximum deductible of five hundred dollars, 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 five hundred thousand dollars for any one person killed or injured and one million dollars for more than one person killed or injured in any one accident. This policy shall also provide for coverage in the minimum amount of ten thousand dollars for all damage arising out of injury to or destruction of property.
D.
Each policy required herein must contain an endorsement providing a thirty days' notice to the borough in the event of any material change or cancellation.(Ord. 1501 (part), 2008)
(Ord. No. 1637, 2-8-2016)
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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.(Ord. 1501 (part), 2008)
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All companies must have sufficient storage areas on their own premises to store not fewer than forty 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.(Ord. 1501 (part), 2008)
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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.(Ord. 1501 (part), 2008)
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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.(Ord. 1501 (part), 2008)
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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.(Ord. 1501 (part), 2008)
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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 this chapter shall have the right of appeal to the borough administrator. Such appeal shall be taken by filing with the borough administrator, within fourteen 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.(Ord. 1501 (part), 2008)
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10.05.200 - The borough of Glen Ridge shall conduct auctions of unclaimed vehicles on a timely basis as prescribed by law.
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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 thirty 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 his 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.(Ord. 1501 (part), 2008)
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Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding two thousand dollars, imprisonment in the county/municipal jail for a term not exceeding ninety days, or a period of community service not exceeding ninety 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 chapter 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.
Chapter 10.04 - IMPOUNDMENT OF VEHICLES WITH OUTSTANDING WARRANTS
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Pursuant to N.J.S.A. 39:4-139.2, the Parking Offenses Adjudication Act, the borough has the authority to make, amend, repeal and enforce an ordinance authorizing the impoundment or immobilization of any motor vehicles found within the borough if there are any outstanding warrants against such vehicles. The mayor and council exercise this authority and delegate to the department of public safety and/or its agents the authority to impound or immobilize motor vehicles found within the borough if there are any outstanding warrants found to be against such vehicles.(Ord. 1119 § 1, 1986)
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At any time prior to the sale, the owner of the motor vehicle or any other person enTitled to the motor vehicle(s) may reclaim possession of it upon payment of the reasonable costs of removal and storage of the motor vehicle(s), and any fine or penalty and court costs assessed against the owner of the vehicle for the violation(s) which gave rise to the impoundment or immobilization of said vehicle, including any outstanding warrants against such vehicle(s); provided, however, the owner/lessor of a motor vehicle who has complied with the provisions of the Parking Offenses Adjudication Act respecting lessors shall be entitled to reclaim possession without payment and the lessee shall be liable for any fine, penalty, court costs and outstanding warrants against the vehicle(s).(Ord. 1119 § 3, 1986)
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Except for vehicles owned by lessors who have complied with the provisions of the Act respecting lessors, if any outstanding warrants are not paid by midnight of the thirtieth day following the day on which the vehicle was impounded or immobilized, the vehicle may be sold at public auction. The borough shall give notice of the sale by certified mail to the owner, if his or her name and address is known, and to the holder of any security interest noted on the files of the director of the division of motor vehicles. Public notice of the sale shall be in a form prescribed by the director of the division of motor vehicles by publication of public notice at least five days in advance of the date of sale. Publication shall be in one or more of the official newspapers of the borough, which newspapers are established by annual resolution of the mayor and council.(Ord. 1119 § 2, 1986)
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Any proceeds obtained from the sale of the vehicle(s) at public auction in excess of the amount owed to the borough for the reasonable costs of removal and storage of the motor vehicle(s), and any fines or penalties and court costs assessed against said vehicle(s) for the violation(s) which gave rise to the impoundment or immobilization of the motor vehicle(s), including any outstanding warrants against such vehicle(s), shall be returned to the owner of the vehicle(s), if his or her name and address are known.(Ord. 1119 § 4, 1986)
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