§ 262-4. Regulations for towing service operators.

A. 

Release of impounded vehicles. No impounded vehicle is to be released without proper authorization from the Police Department. Vehicle release arrangements must be available between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday (excluding New Jersey state holidays). The Borough shall supply junk titles or good titles for abandoned vehicles in accordance with the provisions of N.J.S.A. 39:10-1 et seq.

B. 

Insurance; indemnity.

(1) 

Each operator on the approved lists shall furnish the Borough Clerk with a certificate of insurance from an insurance company satisfactory to the Borough. Each certificate of insurance shall identify the coverage provided and shall provide that such insurance shall not be changed or canceled without giving 30 days' prior written notice to the Borough by certified mail, return receipt requested. Specific reference to the rotating lists of towing operators shall be made on all policies of insurance.

(2) 

Each operator must have bodily injury liability, property damage liability, employer's liability and motor vehicle liability coverage with combined policy limits of $1,000,000. Each approved operator must also halve statutorily required workers' compensation coverage.

(3) 

Each operator shall indemnify and save the Borough harmless from all damages and claims for damages which may be made by any person for bodily injury or property damages resulting from the operator's performance.

C. 

Enforcement. The Police Department is designated to enforce the provisions of this chapter in accordance with due process of law. In carrying out the provisions of this chapter, the Borough Administrator is hereby authorized to adopt additional reasonable regulations which are not inconsistent with this chapter.

[Amended 9-10-2009 by Ord. No. 2009-14]

D. 

Abandoned or unclaimed vehicles.

(1) 

Any vehicle which is not claimed by the owner within five days of impoundment shall be reported by the operator storing the vehicle to the Police Department, pursuant to N.J.S.A. 39:10A-1 through 39:10A-7.

(2) 

After expiration of the five-day period, an application for title can be made to the Division of Motor Vehicles as per standing general orders. Vehicles which remain unclaimed after all requirements of the general orders are met shall be auctioned off to recover towing costs, pursuant to N.J.S.A. 39:10A-1 through 30:10A-7.

(3) 

Any operator found to be disposing of vehicles in violation of this procedure will be charged with misapplication of entrusted property (N.J.S.A. 2C:21-15) and will be prohibited from providing service to the Borough.

E. 

Rights of owners.

(1) 

The owner of any vehicle towed shall have the right to remove property belonging to him or her from the stored vehicle unless a "police hold" is marked on the towing form.

(2) 

The vehicle owner or his or her representative shall have the right to take photographs of stored vehicles.

F. 

Public inspection. This chapter, all regulations adopted by the Borough Administrator and the fee schedules of individual tow operators shall be available to the public during normal business hours.

[Amended 9-10-2009 by Ord. No. 2009-14]

G. 

Operator dealings with public.

(1) 

The operator shall always act in a professional manner and at all times be courteous and respectful toward members of the public, as well as representatives of the Borough. If members of the public, especially, those whose cars may have been towed or impounded, resort to strong language, threats and unbecoming behavior toward the operator, the operator is expected to exercise restraint and not to respond in kind and thereby reflect unfavorably on the Borough and/or the Police Department.

(2) 

Repeated reports of discourteous behavior by the operator, which can be substantiated and documented, may be considered by the Borough as sufficient cause for removal of the operator from the rotational list of automobile towing operators and truck towing operators as established consistent with § 262-2B.