§ 73A-3. Requirements., Chapter 73A. Towing, Road Service and Storage of Vehicles, Code of Ordinances, Paulsboro

Equipment. The tower shall have sufficient equipment to tow any size vehicle utilizing the highways, streets and roads in the Borough of Paulsboro. The minimum requirements are one heavy-duty, large-capacity wrecker of a minimum of 25 tons' capacity, one medium-duty wrecker of a minimum of 10 tons' capacity, and two light-duty wreckers, one of which must be a flatbed, a minimum of four tons' capacity. The specifications are as follows:

(1)

Heavy duty:

(a)

Minimum of 25 tons' capacity.

(b)

Air brakes.

(c)

Minimum 10.00 x 20 tires with dual rear wheels.

(d)

Air fittings for releasing air-pressure lock brakes on dump trucks and tractor-trailers.

(e)

Under-reach capabilities.

(f)

All required ICC safety equipment must be carried.

(g)

Must meet all federal, and New Jersey Division of Motor Vehicles requirements.

(h)

Portable safety lighting to be installed on rear of towed vehicle.

(i)

Offside truck winching.

(2)

Medium duty:

(a)

Minimum of 10 tons' capacity.

(b)

Minimum 10.00 x 20 tires with dual wheels.

(c)

Chassis requirements should be 10 tons' gross weight.

(d)

Steering wheel lock for towing vehicles from the rear.

(e)

Wheel lift and under-reach capacity.

(f)

All ICC safety equipment must be carried.

(g)

Must meet all federal and New Jersey Division of Motor Vehicles requirements.

(3)

Light duty:

(a)

Minimum of 4 tons' capacity.

(b)

Chassis requirements should be 10,000 pounds' gross vehicle weight and dual rear tires.

(c)

Steering lock on each wrecker for towing vehicles from the rear.

(d)

Tow sling-type bar, rubber strap, to lift the car so that no part of metal touches the car.

(e)

One wrecker must be of flatbed capability.

(f)

All ICC safety equipment must be carried.

(g)

Must meet all federal, and New Jersey Division of Motor Vehicles requirements.

At the time of the submission of the application, the tower shall submit proof satisfactory to the Borough and the Police Department of ownership of the aforementioned vehicles. Adequate proof shall be proof of ownership by recorded title of the required number of vehicles necessary to meet the chapter requirements or executed lease/rental agreement for the equipment required extending six months beyond the length of the contract. Failure to submit the aforementioned satisfactory proof shall result in the disqualification of the tower.

Employees.

(1)

The tower shall have a sufficient number of employees available to comply with the minimum operational requirements of this chapter. The tower shall indicate in his application the number of employees on call and available to respond 24 hours a day, seven days a week.

(2)

The tower shall submit with the application to the Borough the names and addresses of all proposed drivers and employees who will be rendering service under this contract on behalf of the tower. This information is to be kept current with the Borough by the tower.

(3)

All operators of the tower's equipment providing services required by this chapter shall be over the age of 18 and must have a valid, current, driver's license.

(4)

No person shall be utilized by the tower to provide services required by this chapter for the Borough unless the Borough has obtained a record check which has been approved by the Chief of Police. The Chief of Police may reject the services of an employee of the tower for the following reasons:

(a)

Conviction of any crime of the first or second degree.

(b)

Conviction of any crime involving the use of a firearm.

(c)

Conviction of any crime involving the manufacture/distribution of any controlled dangerous substance.

(d)

Conviction of any crime or offense which subjects the employee to the provisions of Megan's Law.

(e)

Conviction within the last five years for driving under the influence of intoxicating beverages or drugs.

(5)

No employee of the tower shall perform services unless previously listed by the contractor to the Borough.

Availability.

(1)

The tower shall be available 24 hours a day, seven days a week, for use of the Borough at the direction of the authorized representatives of the Police Department as per the rotation requirements hereinafter set forth. During the rotation, the tower has exclusive rights to two vehicles on behalf of the Borough of Paulsboro, and said tower shall be called or dispatched first by the Police Department.

(2)

In the event that said tower is unavailable with respect to a particular incident, then the next tower as set forth on the rotation list shall be called or dispatched to the scene. The rotation list shall be as a result of the receipt and review of the approval of the aforementioned applications.

(3)

In the event that none of the towers set forth on the rotation list are available or are available to provide the appropriate services requested by the Borough, or if an emergency exists, the Borough may request such services from any other available source. During adverse weather conditions, heavy traffic conditions or emergency conditions, the tower set forth on the rotation list shall give priority to requests from the Borough over any other request which may be received by the tower. Notwithstanding the establishment of a rotation list, no tower shall be called until the Chief of Police or his designee has ascertained that the following requirements have been met:

(a)

The insurance policies, as required, have been procured and supplied.

(b)

The vehicle to be used for towing has been properly licensed and inspected by the State of New Jersey and has the necessary stickers affixed. No vehicle shall be licensed as a wrecker which is using dealer plates or which has failed inspection.

(c)

The requirements of this chapter and all other laws, statutes and ordinances have been met.

Response time. The tower shall, once notified, dispatch a tow truck(s), as circumstances warrant, to provide towing services anywhere within the Borough, when requested by the police and/or Zoning Official, in such a manner that the tow truck arrives at the scene within a maximum response time of 20 minutes, except when extraordinary circumstances occur. Unless heavy or unusual traffic conditions within the Borough prevent a wrecker from arriving at the scene within 30 minutes, failure to respond within that time frame shall be considered a breach of this chapter. In the event that a wrecker fails to respond within 30 minutes from the time of the call, the police reserve the right to contact the next available wrecker on the rotational list.

Storage location. The vehicles must be towed to a location containing a minimum storage area sufficient for the storage of not fewer than 10 vehicles and one tractor-trailer. The applicant shall submit as part of the application process proof that he owns or can lease the aforementioned minimum storage area. If the tower has an option to lease the required storage area, he shall submit with his application a copy of the lease agreement containing the description together with a copy of the survey of the land. The lease shall extend to at least six months after the termination of the tower's appointment. The surveys required herein shall have set forth thereon a certification by the surveyor to the Borough as to the square footage within the storage area as surveyed. Storage area shall meet the following requirements:

(1)

The land used for storage of the vehicles shall be zoned for such use and meet all applicable municipal codes. In addition, it shall be in an area reasonably accessible to the public so that stored vehicles may be claimed.

(2)

No towed vehicle may be parked upon the public street, and they shall be stored by the tower within the storage areas as hereinafter defined.

(3)

The tower must provide access to the storage area to the Police Department as needed on a twenty-four-hour-a-day basis.

(4)

The storage area shall accept all types of vehicles and be able to hold not fewer than 10 vehicles and one tractor-trailer.

(5)

The entire land area shall be enclosed by a fence of sturdy construction of at least eight feet in height and shall be secured with sufficient lighting from dusk to dawn so as to prevent trespassing.

(6)

The land used for storage is to be level and clear from all debris and must be clearly marked.

(7)

The storage area shall be used for the storage of vehicles awaiting a claimant or proper disposition. The land shall not be used for storage of vehicles owned by the tower, even if the tower purchases same at an auction held on his premises. Vehicles purchased by the tower at an auction held at the tower's storage facility must be removed within the time frame specified on the advertisement.

(8)

The tower shall be responsible for each vehicle and its contents in the tower's possession until final disposition and removal as ordered by the Borough. All vehicles, regardless of condition, shall be stored singly and so arranged to permit inspection and subsequent removal. Adequate walkway inspection space shall be provided at all times.

(9)

The storage location shall be within a seven-mile radius of the Borough of Paulsboro's Police Station. A storage location within this proximity is required for the convenience and safety of the owners of the towed vehicles and to allow for timely and reasonable access by law enforcement for investigative purposes. All owners of towed vehicles are required to report to the Paulsboro police station prior to release of his/her vehicle. Therefore, this distance has been established so that a person retrieving a towed vehicle would only be required to travel, at a maximum, seven miles in any direction to retrieve his/her vehicle. Further, this distance has been established to allow law enforcement officials to have to travel, at a maximum, seven miles in any direction to investigate any vehicle towed by the Borough Police Department in the course of its duties.

(10)

The storage area must have a secure, indoor location for the storage of vehicles identified as potentially being involved in a crime. The area shall not have less than 800 square feet of inside storage to hold and protect vehicles, and such location must be capable of being locked, must afford the vehicle protection from the elements and must be able to prohibit access and/or tampering to the vehicle by anyone other than law enforcement.

Violations.

(1)

If a tower is in violation of any terms of this chapter, the Chief of Police shall notify the Borough Administrator, and the Borough Administrator shall notify the tower in writing. If the violation is not corrected within three business days of the receipt of said written notice, the Borough Administrator, upon recommendation of the Chief of Police, shall terminate the tower's services and remove said tower from the rotation list. Adequate grounds for termination of services shall include but are not limited to a violation of the terms of this chapter, fraudulent or inaccurate application information, unsatisfactory service, billing irregularities, or the violation of any New Jersey statute or regulation.

(2)

Complaints of any kind relative to service, overcharging, theft of parts, damage to towed or stored vehicles, discourteous treatment and the like shall be referred to the Chief of Police for investigation and recommendation to the Borough Administrator, if necessary. Such complaints may be cause for termination of the tower's services and removal from the rotation list by the Borough Administrator.

Records, inspection; release of vehicle. The tower shall maintain a record of all vehicles towed, stored and released by him pursuant to this chapter. Records shall be kept for a seven-year period. The tower shall maintain a record provided by the police of all property found anywhere in a towed vehicle, including the trunk and glove compartment, if opened or if a key is available, and the tower shall be responsible to safeguard and release the vehicle and the contents left with the vehicle to the owner.

(1)

The tower is to notify the Chief of Police or his designee once a vehicle is towed, pursuant to this chapter, and has been in the tower's possession for a period of seven calendar days.

(2)

The tower shall not release vehicles towed pursuant to this chapter without the claimant first obtaining a release from the Police Department. In addition, the tower shall notify the Chief of Police, or his designee, of the release of a vehicle towed pursuant to this chapter within 24 hours.

(3)

Only the Chief of Police or his designee shall have access to any part of the storage area at any time of the day or night for inspection purposes, including both indoor and outdoor areas. Authorized representatives of the Police Department or the Borough Administrator or their designee shall have access to any of the records required to be kept by the tower. Access to these records shall be provided to the Chief of Police, Borough Administrator, or their designees, upon their request during normal business hours.

(4)

The service, equipment and personnel of the tower are subject to inspection and approval by the Borough. The Borough reserves the right to have a qualified person or agency make such inspections.

Disputes and adjustments.

(1)

Any disputes over the interpretation of this chapter, including the reasonableness of any fees assessed, shall be settled amicably, if possible, through negotiations between the tower, the Police Department and the Borough Administrator. Nothing in this subsection shall affect the parties' rights to pursue their legal remedies available at law or equity.

(2)

In cases where the Borough has been at fault in wrongfully directing that a vehicle be towed, the tower may petition the Borough Administrator for reimbursement of costs incurred in the towing and storage of said vehicle.

Standby service.

(1)

In addition to the service requirements of this chapter, the tower shall be required to furnish extra towing equipment and service during storm periods, periods of snow emergencies, traffic emergencies, disasters, any acts of God, and for any other reason when so designated by the Borough Administrator, the Chief of Police or their authorized representatives. During such periods, which are herein referred to as "standby service periods," the tower shall be required to furnish adequate equipment and service to be held ready to remove all types of vehicles.

(2)

Standby service will begin when the Chief of Police or his authorized designee calls the tower initially and will end when he terminates the standby status by railing the tower.

(3)

The Borough reserves the right, during any emergency, to designate temporary areas owned or leased by the Borough for the storage of disabled vehicles in said area at the direction of the Chief of Police or his designee.