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HomeMy Public PortalAboutOrdinance 00:18No 00-18 Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE TO REGULATE AND ENFORCE TOWING, ROAD SERVICE AND STORAGE OF VEHICLES IN THE BOROUGH OF CARTERET COUNTY OF MIDDLESEX AND STATE OF NEW JERSEY. WHEREAS, the Borough Council of the Borough of Carteret desires to adopt an Ordinance establishing criteria and procedures for the selection of towing contractors to be utilized by the Borough in connection with police directed tows on a rotational and as-needed basis, the rates and charges to be established by the Borough; and WHEREAS, N.J.S A. 40:48-2.49 authorizes municipalities to establish by ordinance reasonable, non-exclusionary and non-discriminatory regulations for the towing and storage of vehicles; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Carteret, as follows: I. DEFINITIONS: A. As used in this Ordinance, the following terms shall have the meanings indicated: (I) Automobile - a motor vehicle of a private passenger, sport utility or station wagon type that is owned or leased and is neither used as a public or livery conveyance for passengers nor 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 recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the owner(s). (2) 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, or from being impaled upon other object within the right-of-way or berm. (3) Commercial Vehicle - any vehicle other than that as defined as an automobile pursuant to the definitions as contained in this Ordinance. (4) Inside buildings - a vehicle storage facility that is completely indoors, having one or more openings in the walls, for storage and removal of vehicles and that is secured by a locking device on each opening. NO. 00-18 PAGE 2 (5) Motor vehicle accident - an occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the owner or operator of the motor vehicle even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the owner or operator or the motor vehicles. (6) Outside secured - an automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six (6) feet high. The facility is to be lighted at night. (7) Outside unsecured - an automobile storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier, and all other storage facilities not defined above as inside building or outside secured. (8) Storage charges for 24 hour period - the maximum allowable amount to be charged by a storage facility for a 24-hour period or fraction thereof. A new 24-hour period begins at 12:01 a.m. (9) Tow vehicle - only those vehicles equipped with a boom or booms, wiuches, slings, tilt beds, wheel lifts or under-reach cq'.lipment specificaii>' designed by its manufacturer for the removal or transport of motor vehicles. (10) Tow vehicle's base of service - the towing operator's principal place of business where its vehicle is stationed when not in use. Il. OFFICIAL TOWERS TO BE APPOINTED/TOWER'S LIST: A. The Borough Council shall appoint persons or companies meeting the criteria set forth in this Ordinance and engaged in the business offering the services of a motor vehicle towing or wrecker service, whereby damaged or disabled motor vehicles are towed or otherwise removed from the place where they are damaged or disabled, by use of a tow vehicle, as defined in this chapter. There shall be created two separates categories of towers, one to tow motor vehicles and a second to tow tractor trailers. Such persons or companies shall be known as "Official Towers" and "Official Heavy Duty Towers", respectively. B. Official Towers shall be identified by means of a license that shall be issued in accordance with the provisions of this Ordinance. C. Not less than seventy-five (75) days prior to the beginning of each three-year term of Official Towers' license, the Borough shall advertise for applications for towing licenses for each category of towers to provide towing services pursuant to this Ordinance. The advertisement shall be published in the legal newspapers of the Borough. D. All applicants shall submit their applications at least sixty (60) days prior to the -- commencement date for each three-year period and the applications shall be reviewed in accordance with the procedures set forth in this Ordinance. The award of a license to the successful applicants shall be subject to compliance with the license requirements of the Ordinance. E. For the purposes of the licenses to be awarded, pursuant to the Ordinance, in the year in which it is adopted, the initial term of the license shall be from the date the license is issued until December 31, 2002. Licenses issued thereafter shall be for a three-year period commencing on January 1st of the year in which it was issued and terminating three years thereafter. F. Notwithstanding the provisions of this Ordinance that provide for a three-year term of the license, Official Towers shall submit no later than December 1st of each year that the towing license is in effect, a detailed certiftcation certifying that the Official Tower meets the requirements of this Ordinance in regard to the issuance of licenses. Said Certification shall be submitted to the Police Director for his review and approval. Failure to submit the certification or failure to continue to abide by the requirements of this Ordinance in regard to the issuance of a towing license shall subject the Official Tower to revocation of the license in accordance with the procedures contained herein. III. SERVICES TO BE FURNISHED: A. Official Towers shall furnish adequate and proper wrecking, towing, storage and emergency repair services to motor vehicles damaged or disabled within tire limits of the Borough, when requested to do so by the Police Director or his authorized designee. B. No Official Tower shall subcontract any work to be performed pursuant to this Ordinance except in an emergency situation. The Police Director will, within bis reasonable discretion, maintain objective guidelines on file as to emergencies and use of subcontractors Any Official Tower shall be responsible for the services performed by the subcontractor and shall remain liable for any violation of this Ordinance by the subcontractor. Nothing herein shall be construed to prevent auth,,~izcd towers fi",m~ "sxxitching" with each othc~ lton~ t~lne to tin'~c provided that the "switching" is approved by the Police Director, or his designee, in advance. IV. APPLICATION PROCESS: A. Applications for inclusion on the Official Tower's List shall be made to the Borough Council upon a form prepared by the Police Director and approved by the Borough Attorney and shall contain all of the following information: (1) The name, residence and business address, and telephone number of the o~vner of the towing company. If the owner is a corporation, the application shall contain the name, residence and business address and telephone number of every stockholder owning more than ten percent (10%) of the issued stock. (2) Such information as may be required by the Mayor and Council concerning the personnel, vehicles, equipment and storage facilities of such Applicant, as hereinafter provided, showing that the Applicant meets the minimum standards of performance. · ~!O ' ' 00-].8 PAOE 4 (3) Policies or Certificates of insurance coverage as hereinafter provided. (4) The names and addresses of two (2) business references who have known the Applicant for at least two (2) years. - (5) Certification that the Applicant will be able to provide towing services anywhere in the Borough with a maximum response time of fifteen (15) minutes, except then extraordinary circumstances occur. (6) Certification that the Applicant will be available for services twenty-four (24) hours a day, seven (7) days a week, while they are the scheduled tower and that they will abide by the fees contained in or referred to in this section. (7) Consent to certification that will consent to appointment of the Borough Clerk as the ApplicanFs truc and lawful attorney for the p',~rpose of acknox~lcdging service out of any court of competent jurisdiction to be served against the Applicant· (8) A sketch plan showing the location of the storage area, the number of cars that can be stored and the total square footage area of the storage area. (9) Agreement to abide by the general rules and regulations established by the Police Director in connection with towing procedures within the Borough. B. The Applicant shall submit completed duplicate applications to the Police Director for his review and approval. The review by the Police Director shall consist of the following: (1) A background check to determine if either the Applicant or the Applicant's personnel have been convicted of a criminal offense or have had their driver's licenses suspended or revoked within the past year. Conviction of a criminal offense or suspension of driver's license within the past year shall be a cause for disqualification from inclusion on the Official Towers' List. (2) An inspection of the personnel, vehicles, equipment and storage area proposed to be utilized by the Applicant to verify the accuracy of the information contained in the application and to determine compliance with applicable laws and regulations and the standards of performance required by this chapter. C. An Applicant may be included on the Official Towers' List by the Borough Council, by resolution adopted at a regular public meeting, when, from a consideration of the application and from such other information as may otherwise be obtained, they find that all of the following circumstances exist: (1) The Applicant has not knowingly and with intent to deceive, made any false, misleading or fraudulent statements of material fact iu the application or in any other documcm required pursuant to this Ordinance. (2) The Applicant has met the standards in this chapter and has forwarded the required Hold Harmless Agreement and policies or certificates of insurance which shall be reviewed and approved by the Borough's Risk Management Consultant. · b!O. __00d18 PAGE 5 (3) The application has been reviewed and approved by the Police Director. (4) Neither the Applicant nor the Applicant's personnel have been convicted of a criminal offense or had their driver's license suspended within the past year. D. The Police Director shall conduct his review and render a report of the Borough Council. recommending either approval or denial of the application, within twenty-one (21) days of reeeipt of the application. The Applicant, or its representative, shall be given notice of the date on which the Borough Council will consider the application and shall be permitted to appear and be heard at that time. E. Written notice of the approval or denial of the application shall be provided to the Applicant within seven (7) days of the decision of the Borough Council. F. If the Borough Council fails to take action within sixty (60) days of receipt of a complete application, the application shall be deemed to have been denied. V. ISSUANCE OF LICENSE: A. Upon approval of the application as herein provided, the Borough Clerk shall issue the - Applicant an Official Towers License to be utilized in providing services pursuant to this Ordinance. B. Said licenses shall be in a form approved by the Borough Council. C. The licenses shzdl be valid for the three-year period as set forth itl tile Ordinance, s!2a!l bc non-transferable and shall be subject to revocation by the Borough Council for any of the following reasons: (1) If it is subsequently determined that the applicant knowingly and with intent to deceive, made false, misleading or fraudulent statements of material fact in application or in any other document required pursuant to this Ordinance. (2) Violation of any federal or state law or municipal ordinance, including but not limited to over charge, or regulation relating to the operation ora motor vehicle or the provision of towing services. (3) Violation of any rule or regulation promulgated by the State of New Jersey. (4) Unsatisfactory service provided pursuant to this Ordinance. (5) Failure to annually certify compliance with the requirements of this Ordinance as required by Section 2(F). D. The license fee for the license issued under this section shall be $100.00 per license per vehicle. The fee for the annual review of certification and inspection of vehicles and equipment submitted by the Official Tower pursuant to section 2(F) of this Ordinance shall be $50.00. E. Licenses shall not be transferable without the consent of the Borough. · NO 00-18 PAGE 6 VI. MINIMUM STANDARDS OF PERFORMANCE: To qualify for inclusion on the llst of Official Towers, applicants must meet the following minimum standards: A. Minimum Vehicle Requirements (1) Every ©I'ficiai Tower shall m;,intain and baxe available to ~cndcr services required by this chapter a minimum of one (1) regular tow vehicle. Notwithstanding the foregoing, no official tower shall utilize equipment for any tow which cannot properly and safely tow the vehicle to be towed. (2) Vehicle Classes: (a) Regular tow vehicles must be equipped with a boon or winch assembly mounted on the chassis, a dolly assembly, a tow sling or wheel lif~ assembly at least one hundred (100) feet of three-eighths inch (3/8") cable. (b) Fiat bed vehicles must be equipped with a winch or hydraulically operated bed which slides or tilts to accommodate transporting of vehicles. (3) Every Official Heavy Duty Tower shall have available a heavy duty wrecker and under reach shall be rated at 80,000 pounds and shalI be capable of towing new style buses and trucks with fiberglass front ends. (4) Ail equipment shall comply with all State and Federal regulations and all vehicle operators shall possess a CD.L. license where required by applicable regulation. (5) Each applicant shall submit, along with its application, proof of ownership, lease or other written Agreement demonstrating availability as needed of the vehicles which will be utilized to provide services pursuant to this section. B. Minimum Equipment Requirements (1) Every tow vehicle or flat bed vehicle shall be equipped witi~ the following: (a) At least one (1) amber rotating beacon or strobe light mounted on the highest practical location of the vehicles, visible from tl~ree hundred sixty (~60) degrees when in use and visible at a minimum distance of five hundred (500) feet during daylight hours. (b) One (1) snatch block per winch. (c) Safety tow lights or magnetic tow lights for towing vehicles at night, amber colored. (d) Extra chains and cable for pulling or securing a towed vehicle. (e) At least one (1) heavy-duty broom, a shovel, a crowbar or prybar, a set of jumper cables, a fiashlight, one (1) two-pound or larger fire extinguisher of dry chemical type, one (1) dozen flares or similar xvarning devices for placement at the scene of an accident or behind a disabled vehicle, at least ten (10) pounds of dry sand or a drying compound for gasoline and oil spilled onto the roadway and a sufficient quantity and types of tools to enable the tow operator to perform proper and adequate emergency repair services for the tow. NO. {DO-lO PAOE 7 (2) Every tow vehicle or flat bed vehicle 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 Police Director or his designee at any time. ~ No changes may be made in said vehicles or equipment unless prior written approval is obtained from the Borough or inspection unless required by law. (3) Every tow vehicle or flat bed vehicle shall display the Official Towers' License issued by the Borough and shall have the name of the Official Tower displa5 ed on the vehicle in such manner and of such lettering as conforms to the provisions of N.J.S.A 39:4-46. (4) All towing operators' trucks must be equipped with either two-way radio and/or mobile telephone communications equipment with their principal place of business including their garage and/or facilities to ensure the proper availability of services and equipn~ent on behall of thc Borough and motorists (5) The towing operators' wrecker(s) and all other vehicles shall be ptoperl> licensed aad registered with the New Jersey Divisinn of Motor Vehicles. All towing opc~ ~to~s' x chicles -- shall display New Jersey commercial licease plates C. Miniature Personnel Requirements; Availability and Response Time (1) All official Towers and Official Heav3 Duty Towers shall respond to tlqe police request withio fifteen (15) minutes under ordinary conditions. During unusual circumstances beyond the towers control, such as weather, an additional alIotment often (10) minutes shall be given before another lower is called. Notwithstanding the foregoing, the police officer in charge of the scene shall be permitted to take such actions as are necessary to under the circumstances to insure the pnblic safety. (2) Official Towers shall have available, at all times, someone to prox ide the services required by this chapter. All persons employed by Official Towers to provide the _,ervices reqnired by this chapter shall meet the following requirements and be subject to the following regulations. They shall: (a) Be competent mechanics able to provide minimum road sen ice for disabled vehicles; (b) Have a x alid driver's license having no restrictions or condirional endorsements other than a condition requiring the x~earing of eyeglasses: (c) Be mentally alert and present a neat appearance at all time=: (d) Obey all traffic laws and regulations; (e) Be subject to inspection by thc Police Director of the 13o:( ugla aod shall bc approved by the Police Director prior to rendering any services pursuant to this chapter. (f) Not have been convicted of a crime nor had their driving privileges suspended or revoked within the past year. NO. ,00-18 ~ , PAGE (3) Employees of the towing operator, in responding to a call, shall request and be afforded police assistance during the course of providing towing, emergency road services or removal of abandoned or accident vehicles when such employees find it necessary to turn around, back up, tow in the opposite direction of traffic, or cross the median (4) A towing operator shall not permit a vehicle to be removed flora the site of a vehicular accident, the scene ora crime or any other instance or situation without the prior approval and permission of a police officer and/or superior at the scene. D. Minimum Storage Requirements (1) Ever), Official Tower shall maintain an outside secured storage area meeting the following reqnirements: (a) The storage area shall be capable of storing more than one (1) passenge~ vehicle. Additionally, Official Heavy Duty Towers shall be able to store one (1) tractor and trailer. The area shall have sufficient area to hold and protect "police hold" ,.ehicles. (b) The location of the storage area shall be either ~ithin the limits of the Borough or at such location outside of the Borough as to facilitate reasonable to~ lng distances, subiect to the approval of the Police Director. (c) The storage area shall be fully enclosed by a sturd) lence having a ndnimunr height of six (()! Coot, with at least o~c (1)/ockable gate for ingt~,ss and egress and shall be lighted from dusk to dawn, (d) The storage area shall be in an area legally zoned for such use. (e) The storage facility shall be open to the public on weekdays between the hours of 9:00 a.m. and 5:00 p.m, and 9:00 a.m and 1:00 p.m. on Saturdays The applicant shall specify the hours GO which tire facility will be open on Saturdays. The applicant is not required to be open on Sundays. (f) The Official Tower shall have an employee on duty duling all hours in which the storage facility is open. (g) The Applicant shall, with its application, submit proof of ownership o~ lease of the storage area (h) The Official Tower shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this chapter. The Official Towe~ shall be liable for au> damage incurred by such vehicles while iu transit to or while stored in the storage areas. VII. UTILIZATION OF THE OFFICIAL TOWERS LIST A. Qualified towers shall be placed on the Official Towers' List at the beginning of each three-year period in accordance with the procedures as set forth in this Ordinance. The Official Towers shall rotate on the list for one (1) week at a time or for such a period as designated b:, Police Director. The one (1) week rotation shall commence at 12:00 a.m. Sunday and terminate at 1 1:59 p.m. the following Saturday. . NO. 00-18 PAGE 9 B. Qualified Heavy Duty Towers shall be placed on the Official Heavy Duty Towers' List at the beginning of each three-year per od n accordance with the procedures as set forth in this Ordinance. The Official Towers shall rotate on tile list for one (1) week at a time or for such a period as designated by the Police Director Tlnc one (1) week rotation sha'.i c~,m:ncncc at 12:00 a.m. Sunday and termiaate at 11:59 p.m. the following Saturday. C. The Borough shall request wrecking, towing and storage services fonn~ each Official Toxxer in rotation. When called, the Tower shall advise the dispatcher ifa xehicle is available and the estinrated time of arrival. If no tow vehicle is available or if, in the discretion of the Borough official making the request, the response time is insufficient under the circumstances to properly protect the public health, safety or welfare, the next Official Tower on the list shall be called for that particnlar towing event. The Official Tower who is at the top of the list for an)' subsequent calls until tlrat Tower's one (1) week period at the top of the list is finished. D. Ail requests for service shall be made by the Police Director or his official designee. E. The Police Director or his designee shall request service only from Official Towers provided, however, that if no emergency or imminent road hazard exists, the Borough shall request such service from such other person as the owner of the motor vehicle in need of such services may request; and provided further that, if none of the Official Toxse~s are ax ailable or able to provide such services as requested by the Borough, or if an emergenc.~ exists, the Borough may request such services from any other available source. F. During adverse weather conditions, heavy traffic conditions or emer?ncy conditions, Official Towers shall give priority to requests fi'om the Borough over any other requests which may be received by the Official Towers. G. It is recognized that due to the extensive necessary revisions to this o~ dinance, an extended period was required for implementation resulting in certain official towers having paid licensing fees and not being permitted to tow during 1999 and a portion of 2000. Accordiugly, those affected official towers shall be given five (5) additional weeks cad', during the period beginning xxith the implcmentaiion date of this ordinance December 31,2001. Additionally, during the year 2000, affected Official Towers shall be given additional call weeks equal to the number of weeks they would have received bet~xeen Januar> 1,2000 and the date of implementation of this ordinance utilizing the uumber of Official Towers under this ordinance. NO. 00-18 PAOEiO VIII. HOLD HARMLESS AGREEMENT: Applicant shall agree in writing to assume the defense of and indemnify ,~nd hold hm'mless the Borough, its elected officials, boards, commissions, officers, emplo5 ecs and agents. from all suits, actions, damages or claims, fees, costs, expenses, fines or penalties to which the Borough may be subjected of any kind and nature whatsoever resulting from. caused by, arising out of or as a consequence of the provisions of towing, wrecking, storage and/or emergency services provided at the request of the Borough pursuant to this Ordinance. Official Towers shall enter into a Hold Harmless Agreement in a form to be prepared by the Borough Attorney prior to being included on the Official Towers List. IX. INSURANCE: The Tower shall maintain during the life of its license, insurance policies of the type and with the minimum limits indicated below and ioa form satisfactory to the Boro~gl~ The Towe~ shall provide a certified copy of the policies and/or certificates of insurance satisl'aclory to the Borough prior to commencement of work. Ali policies and/or certificates shall bc snbmitted to -- the Borough Risk Management Consultant for review and approval. A Garage Liability Insurance Limit of liability shall not be less tl'~an 5500,000 combinec/sin.vie limd (bodil3 injury and property damage) per occurrence including premises operations and products/completed operations. B. Automobile Liability Insurance Limit of liability shall not be less than $500,000 combined single limit (bodily injury and property damage) per occurrence. C. Garagekeepers Insurance Physical damage insurance policies shall be specifically endorsed to provide "direct primary" insurance, where applicable, fo~ vehicles in tow, possession of. or storage on property owned or controlled by the Tower. Limit on said coverage shall not be less than $100,000. D. Excess Umbrella Insurance Limit of liability shall be not less than $1.000,000 providing protection m excess of $500,000 garage and attto liability coverage. Note: this requirement may be waived if the limits of liability in sections A and B are not less than $1,000,000 combined single limit. E. On all liability policies, the Borough shall be added as an additional insured, and insurance policies and/or certificates shall indicate such coverage as prinqa~y cox erage not~ ithstanding any insurance carried by ~he Borongh. NO., . ~ PAGE 11 F. Workers Compensation Insurance New Jersey Statutory coverage, including employers liability coverage G. The Tov,'er shall indemnify the Borough and the public against any loss due to injuries, accident or damages of any character whatsoever where any such damage is the result of act or omission of the Tower, his agents or employees in or due to the execntion of the work called f~r under the contract. H. Certified copies of all insurance policies provided above or certificates thereof satisfactory to the Borough shall be furnished forthwith. Each such policy or certificate shall contain a provision that it is not subject to material change, cancellation or non renewal unless JO days prior written notice via certified mail/retnm receipt shall have been gixen to the Borough by the Tower's Insurer. These must be received 30 days prior to commencement of work I. The providing of any insurance required herein does not relieve the Tower of any of the responsibilities or obligations assumed by the Tower for which the Tower may be Iiable by law or otherwise. J. If any policies contain deductible or co*payments, it shall be the responsibility of the Tower to pay such sums at the same time a claim is settled by the Tower's iasu~ance company. K. If any policies contain limits of liability with an aggregate limit, the Tower or Tower's insurance company shall provide the Borough - quarterly during the policy period - a statement evidencing the limits of liability required under the contract to be in force L. Failure to provide and continue in force such insurance as required above shall be deemed a material breach of the contract and shall cause an immediate termination thereof M. All policies shall be written in either a company licensed to do business in the State of New Jersey bra New Jersey eligible Surplns Lines Company, with a minimum Best rating A-VII (A minus seven). They shall be written on an ISO (Insurance Services Office) form or better. X. TOWING AND STORAGE FEE SCHEDULE: A. Fees lbr to`,`,iag aad storage of pii,.atc passenge~ vehicles, dama?d m an accident or recovered after being stolen, may not exceed the fees established under Ne,.', Jersey law', if any. (1) The following is the fee schedule for toxving services: Wheel Lift or Flat Bed Tow Truck ...............................$75 00 (maximum) (for passenger automobile) (2) The following is the fee schedule for storage services: $20.00 per day (maximum) roi' outside storage; $30.00 per day maximum) for inside storage. NO. 00-18__ - PAGE 1 ? (3) Official Tox~ers and Official Heavy Duty Towers shall compl5 with any and all New Jersey laws, rules and regulations regarding fee schedules, whether now in existence or to be enacted. B. Fees for towing and storage or private passenger vehicles, other than those damaged in an accident or recovered after being stolen, shall be the same as those set forth in Paragraph A if the Official Tox~er is called to the scene by the Police Department of the Borough in accordance with this Ordinance. Any other towing services to private passenger vehicles not involved in accidents or recovered after being stolen when requested privately by individoals shall be at tire rates as agreed to betxxeen the individual and the C. Fees lbr all other types of vehicles other than private passenger x ehicles, pursuant to Paragraphs A and B of this section shall be determined in accordance with this paragraph: (1) The following is the fee schedule for towing services: Days Class I Class 2 All vehicles between All vehicles ox er 6,000 to 16,000 16,000 lbs GVW lbs. GVW Standard Tow $125.00 $ 175 00 Wheel Lift $125.00 $17500 Flat Bed $125.00 5175.00 There shall be no differential in charges between cia> and night service. (2) The following is the Fee Schedule for storage services per da5 Inside Bnilding: Storage Facility Capacity Class I G]ass 2 $40.00 ,5000 Outside Building: Storage Facility Capacity Class 1 Class 2 $30.00 $5000 (3) The fees set forth for non-passenger x ehicles in this section are the nraximum charges that shall apply' for basic tox~ing services The Official Towers and Ol'licia[ Hear5 Dut> Towers, however, shall be allowed for winching and wrecking services over and abox e the basic towing services an additional $90.00 per hour for light duty wrecker, $150.00 pe~ hour for medium wrecker and $250.00 per hour for heavy duty wrecker, which shall be pro-rated in quartet' (¼) hours, rounded to the next highest quarter hour (e.g. 33 minutes ecltt~ [s three-quarte~s of an hour). There shall be no additional charges for any other services, including but not limitecl to waiting time, clean-up costs and additional labor when only basic towing se~ x ices. as defined. are provided. NO. · ~00-18 PAOE. 13 (4) The fees set forth in Paragraphs A and B of this section for tox~ mg rotes are the maximum chmges that shall apply to a prix ate passcngc~ automobile fro' basic ',c~',~l'.~g selvices. There shall be no additional charges other than those provided herein, including, bctl not limited to, flatbedding, waiting time, winching, cleanup cost, and additional labor when only basic towing services as defined are provided. The Official Towers, however, shall be al [owed to charge for services other than basic toxving services as defined in firis Ordinance thc sum of $25.00 per hour for any additioual winching services required over and above the basic towing services when renroving a vehicle from a position beyond the right of way m berm or from being impaled upon an), other object within the right-of-way or berm. In addition, thc Official Towers may charge a fiat fee of $30 00 for any road service for private passenger x. eh[clcs ~qqch do not need to be towed, jump started oz' when cancelled. (i) Tow vehicles transporting multiple passenger cars at one time shall receive the applicable fees for each vehicle transported. D. The fees set forth on the schedule for storage fees are the n~axin~Ltm storage charges per calendar day or portion thereof that shall apply to a private passen?l- aatomobile that is stored by a person. E. Official Towers and Official Heaxy Duty Towers shall be pernfitted to bill $15.00 per vehicle if required to clean np debris at the accident site. XI. MISCELLANEOUS PROVISIONS: A. Copies of this Ordinance and the schedule of fees that may be charged by Official Towers shall be made available to the public during normal business hours at the Borough Municipal Building and Police Department. Copies shall also be made available to the public at each Official Tower's pIace of business. All Official Toxve~s shall post, in a prominent place at each storage area clearly visible to tile public, a scI~.ed~flc of the fees that ma) be charged for all serxicc~ tit),, [dcd pursuaut to this Ordinance. C. The Borough reserves the right to make periodic unam~ounced inspections of the personnel, vehicles, eqnipment and storage areas of all Official Towers. D The relationship between an Official Tower and the Borough is one of an independent contractor. Neither part)' shall be construed in any manner whatsoever to be an employee of the other, nor shall any employee or agent furnished by any part) be construed to be an employee or agent of the other party. Inclusion on the Official Towers List shall not be construed or considered as a joint venture, parmership, association, contract of emplo)ment or profit sharing agreement. E. The Borough shall not be liable or responsible for compensanng tile Official Towers for any of the services performed under this chapter unless those services are performed for the Borough xehicles. Compensation shall be the responsibility of the o',,vne~ of the towed motor vehicle and the Official Tower shall proceed directly against the owner NO'. , -(}0-1~ PAOE 1/4 F. The Official Tower shall, at all times, be solely responsible for tile coaduct of its employees. No Licensee shall discriminate as to hiring or employment practices. Licensee shall be required to sign a non-discrimination statement G. Each Official Tower shall keep and maintain adequate and complete records showing all vehicles towed, stored and released, all services rendered and all fees charged and collected All records shall be available fol' inspection by tile Borough at an5 tmle dtu'ing normal business hours. Records shall be kept and maintained by the Official Tower at one central location and shall be retained for a period of seven (7) years. Records may be ~,.ritten, printed or computerized as loug as the requirements of this pat agraph m'e met. H. Tire Official Tower shall comply with ali State and Federal lax,. s and regolations concerning wages, hours and terms of employment. XII. DISPUTE RESOLUTION AND LICENSE SUSPENSION OR REVOCATION: A In tile event a complaint is received by the Borough involx ins the improper or unsatisfactory performance of services by an Official Tower, a violation of this Ordinance, excessive charges or damage to a motor vehicle while in custody of the tower, written notice of same shall be provided by the Borongh to tile Of~Scial Tower involved. The tower shall have the opportunity to respond, in writing, withia sexen (7) days. B. Withia fourteen (14) da.ss of receipt of the Tower's response, oi withia twenty- one (21) days of receipt of the complaint, if no response is received, the matter shall be presented to the Mayor and Council, or their designee C. The Mayor and Council shall, thereafter, consider the matter at a regnlar public meeting and may request that the complaintant and tire tower involved appear and give testimoay regarding the complaint. D. After considering the matter and the evidence presented, the Mayor and Council shall make certain findings and conclusions relatix e to the complaint which shall constitute t]lei~ decision. If the Council finds in favor of tile complaintant and against the O£ficial 'fox, er the Council may consider and impose the following penalties: (1) Suspension of the Official Towers License; (2) Revocation of such license for a fixed period or durationi (3) Permanent revocation of the Official Towers License; (4) Such other penaIty as the Mayor and Council deems .jttst and appropriate under tire circumstances In considering tile imposition cfa suspension, lc', ocation or other penalty, the Council shall take into account factors including, but not limited to, any prior violations of the Tower, the nature and seriousness of the complaint, the danger to the health, safety and welfare of the public. NO, 00-18 PAGE 15 E. Failure to surrender the license upon revocation shall constitute a violation of this Ordinance. F. Nothing contained herein shall prevent or limit the right of an.x person to commence or maintain an action for damages or any other relief directly against an Official Tower in a Court of competent jurisdiction. XIII. VIOLATIONS AND PENALTIES: A. Any person who shall violate an3' of the provisions of this O~dinance shall, upon conviction, be punished by a fine not to exceed One Thousand Dollars ($1,000 00); and each violation of any of the provisions of this Ordinance and each day the same is x iolated shall be deemed and taken to be a separate and distinct offense. B. In addition to the fine provided above, a violation of any of the prox isions of this Ordinance shall be cause for suspension or revocation of the Official Toy, ers License C. The Borough Police Department or any member thereof is hereb3 declared to be the enforcement agency of this Ordinance in accordance with due process of XIV. REPEALER: All Ordinances or provisions thereof inconsistent with the provisions set forth herein are hereby repealed to the extent of the inconsistency. XV. SEVERABILITY: If any section, subsection, paragraph, subdivision, or sentence of this Ordinance is adjudged nnconstitutional or invalid by a court of competent jurisdiction, such decision shall apply only to the section, subsection, paragraph, subdivision, sentence, clause, phrase or provision so adjudged, and the remainder of this Ordinance shall be deemed valid and effective XVI. EFFECTIVE DATE: This Ordinance shall take effect upon passage and publication as provided by law. BE, IT FURTHER ORDAINED that Chapter 254-39 and 270 of the Borough Code of the Borough of Carteret is hereby repealed and replaced with the substance of this Ordinance. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. CRILLEY X QU I_NONES X FAf, El{AS ~ X SANTORO X O' BRIEN X SOHAYDA X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Aclnnt&d on. first.rcadicg~lf..the Coancil of thc Borongh or Carteret, N.J., {)It MAY 6~ 2000 A~optedonsecond?~a tdYfi-g-allSr-hearmg on cunt ii_.