Town of Dover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover 5-12-1992 as Ord. No. 8-1992; amended in its entirety 10-24-2000 by Ord. No. 22-2000. Subsequent amendments noted where applicable.]
GENERAL REFERENCES

Abandoned vehicles — See Ch. 371.

Vehicles and traffic — See Ch. 373.

§ 361-1
Definitions. 

§ 361-2
Rotation lists to be utilized by police. 

§ 361-3
List of towing operators; minimum standards; storage facilities; response time and availability. 

§ 361-4
Rates. 

§ 361-5
Release of impounded vehicles. 

§ 361-6
Insurance and indemnity. 

§ 361-7
Enforcement. 

§ 361-8
Removal from list. 

§ 361-1 Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

HEAVY-DUTY
A gross weight of at least 32,000 pounds.
INSIDE BUILDING STORAGE FACILITY
A motor 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.
LIGHT-MEDIUM-DUTY
A gross weight of less than 32,000 pounds.
MOTOR VEHICLE
Includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.
OUTSIDE SECURED STORAGE FACILITY
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 feet high and is installed with a passive alarm system or a similar on-site security measure. The facility shall maintain adequate lighting to protect stored vehicles from vandalism.
TOWING COMPANY
A person or entity owning or operating a tow truck service for compensation.
TOWING SERVICE
The removal and transportation service of a motor vehicle, either light-medium-duty or heavy-duty 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 any other object within the right-of-way or berm.
TOW TRUCK
A motor vehicle equipped with a boom or booms, winches, slings, tilt beds or similar equipment designed for the towing or recovery of vehicles and other objects.

§ 361-2 Rotation lists to be utilized by police.

Whenever a police officer orders the removal of automobiles from private or public property, he shall utilize the rotation lists established in § 361-3 of this chapter.

§ 361-3 List of towing operators; minimum standards; storage facilities; response time and availability.

A. 

The Mayor and Board of Aldermen shall establish annually, by resolution, a list of light-medium-duty towing operators and a list of heavy-duty towing operators to be utilized by the Police Department on a rotating basis. An operator may, if qualified, be on both lists. Such lists shall be utilized by members of the Police Department on a nonexclusionary and nondiscriminatory basis. Only those towing operators who meet the following minimum standards of operator performance shall be included on such lists:

B. 

Equipment.

(1) 

Light-medium-duty. At a minimum, each towing company shall have one light-medium-duty tow truck available to respond to calls.

(2) 

Heavy-duty. Each towing company shall have one heavy-duty tow truck available to respond to calls.

(3) 

All towing vehicles must have amber emergency warning lights to warn approaching traffic of their presence. The size and location of these lights shall confirm to New Jersey Division of Motor Vehicle standards.

(4) 

All towing operators' trucks shall be equipped with absorbent materials to soak up oil or gasoline, brooms, shovels and any other street sweeping equipment for the purpose of clearing liquids or debris off the roadways. The towing operator shall, at the time of removing any motor vehicle, in response to a police request, remove from the public or private roads or highways any motor vehicle debris or material in the area surrounding the vehicle, except for any debris or material which may be hazardous, such as oil, gasoline, kerosene or other petroleum or chemical products. The cleanup of debris, other than hazardous materials, shall be performed by the towing operator, without charge to the Town of Dover or the vehicle owner.

C. 

Facilities. Each automobile towing operator must have a storage facility located within two miles of the Dover Police Department headquarters, which storage facility shall either be an inside building storage facility or an outside secured storage facility. The towing company and storage facility must comply with all zoning ordinances and regulations in the municipality in which they are located.

D. 

Availability and response time. Each operator must be available 24 hours a day, seven days a week, and must respond within 15 minutes of receipt of the original telephone call request by the Police Department. If an operator fails to respond within that time with equipment necessary to provide basic towing service, the Police Department reserves the right to contact the next available operator.

E. 

Certification. The owner or manager of the towing company shall be certified under the National Driver Certification Program developed by the Towing and Recovery Association of America up to the level of towing that they will be performing. The purpose of this certification is to ensure that drivers have the recognized body of knowledge necessary to perform towing and recovery jobs safely, accurately and in a professional manner.

§ 361-4 Rates.

The following fees represent the maximum fees permitted under this chapter. It shall be unlawful for any towing operator to charge a fee in excess of the fees prescribed in this chapter for the services regulated herein.

Type of Vehicle Rate Not to Exceed
Motor vehicle up to 10,000 pounds $65.00 flat fee
Motor vehicle from 10,000 pounds to 32,000 pounds $125.00 per hour
Motor vehicle over 32,000 pounds $250.00 per hour
All charges are from the place of removal to the towing company's storage facility.
Fee Schedule for Storage Services
The fee for storage services shall be $20 per day per motor vehicle.
(1) Mileage. In the event that the owner or operator of a motor vehicle directs that the motor vehicle be transported to a location other than the towing company's storage facility, he or she may be charged an additional amount not to exceed $1.75 per mile.
(2) The fees set forth for storage are the maximum storage charges per twenty-four-hour period that shall apply to a motor vehicle that is stored as a result of accidents, abandonments, repairs or suspected criminal activities.
(3) In cases of private passenger automobiles that are damaged in accidents or are recovered after being stolen, the above fees are subject to the provisions of any applicable regulation adopted by the Commissioner of Insurance pursuant to N.J.S.A. 17:33B-47.1 In such cases, there shall be no additional charges other than those, including but not limited to the towing charge set forth herein.

§ 361-5 Release of impounded vehicles.

No impounded vehicle shall be released without proper authorization from the Police Department. Vehicle release must be available between the hours of 8:00 a.m. and 4:30 p.m., Monday through Saturday (excluding holidays). The operator may dispose of abandoned vehicles in accordance with the provisions of N.J.S.A. 39:10A-8 et seq.

§ 361-6 Insurance and indemnity.

A. 

Each operator on the approved lists shall furnish the Town Clerk with a certificate of insurance which shall comply with N.J.S.A. 39:3-84.8.

B. 

Each operator shall indemnify and save the town harmless from all damages and claims for damages, including reasonable attorneys' fees, which may be made by any person for bodily injury or property damages as a result of the operator's performing pursuant to this chapter.

§ 361-7 Enforcement.

The Chief of Police of the Town of Dover is designated to enforce the provisions of this chapter.

§ 361-8 Removal from list.

A. 

A towing company may be removed from the list for cause at any time by resolution of the Mayor and Board of Aldermen. If there is a breach of any of the provisions of this chapter, a towing company may be removed from the list by the Chief of Police pending action by the Mayor and Board of Aldermen or until a hearing is conducted. A towing company shall receive written notice of removal from the list and may, within 10 days, request a public hearing before the Mayor and Board of Aldermen to contest removal from the list. The Mayor and Board of Aldermen shall conduct a public hearing within 30 days of receiving written notice. If the towing company does not request a hearing within the ten-day period mentioned above, they shall waive their right to such hearing.

B. 

Cause for removal may include but not be limited to the following:

(1) 

Inadequate service.

(2) 

Inadequate performance.

(3) 

Failure to clean area of site of accident.

(4) 

Refusal to accept call from the police for towing service.

(5) 

Failure to respond to call from police for towing service.

(6) 

Fraud or deceit in dealing with person being towed.