[HISTORY: Adopted by the Township Council
of the Township of Jefferson 12-1-2004 by Ord. No. 32-04.[1] Amendments noted where applicable.]
A.
The Police Department of the Township of Jefferson
is hereby authorized to compile a list of all towing operators for
inclusion upon a structured rotation list to be notified to assist
disabled vehicles within the Township of Jefferson and which disablement
calls for assistance by or through the Jefferson Township Police Department.
The Police Department is further authorized to amend and supplement
the rotation list from time to time.
B.
The rotation list will be for one full year from January
1 to December 31 or a three-hundred-sixty-five-day calendar year set
forth by the Chief of Police or his designee.
C.
All towing operators shall be required to meet the
following minimum qualifications to be included on the rotation list:
(1)
Class A towing operators. "Class A towing operators"
are herein defined as towing operators engaged in the removal and
storage of passenger cars, vans, minivans, motorcycles, pickup trucks
and like vehicles. All Class A towing operators to be included on
the rotation list must own or lease and have available at least two
tow trucks, minimum of one flatbed, in addition to other equipment
which is necessary to provide safe and efficient towing.
(2)
Class B towing operators. "Class B towing operators"
are herein defined as towing operators engaged in the removal and
storage of buses, tractor-trailers and like vehicles not covered under
class A. All Class B towing operators to be included on the rotation
list must own or lease a suitable heavy-duty truck in addition to
other equipment needed to provide a safe and efficient towing.
(3)
All towing vehicles shall be a minimum of 3/4 ton
and shall have dual wheels or equivalent and shall be maintained in
safe working order.
(4)
All towing vehicles shall have a three-hundred-sixty-degree
working amber light with applicable permit.
(5)
All towing vehicles shall have the name, address and
telephone numbers of the towing operator listed on the side of the
vehicle with a minimum of four-inch letters.
(6)
All towing vehicles shall be equipped with two-way
radio communications and other communication equipment enabling them
to maintain contact with their place of business.
(7)
All towing vehicles shall be equipped with brooms,
shovels and other sufficient equipment for the purpose of clearing
debris off the roadway.
(8)
Towing operator’s base of service. Any individual or entity that is placed on the rotation list by the Jefferson Township Police Department and maintains its principal place of operation within the Township shall comply with this subsection. The principal place of operation shall conform to a legally approved zoning and/or site plan and shall fully comply with all of the Township’s zoning, land use and property maintenance codes. Failure to comply may result in the towing operator being suspended from the rotational duty service list upon request to the Chief of Police made by the Township’s Construction Official, Zoning Officer, Code Enforcement Officer or Property Maintenance Officer, subject to the towing operator’s right of appeal under § 456-3A of the Code.
[Amended 2-16-2005 by Ord. No. 4-05; 6-24-2020 by Ord. No. 20-17]
(9)
Nothing herein shall preclude a towing operator from
storing his towing vehicles and equipment at another location outside
the boundaries of the Township, provided the operator can maintain
the response requirements.
(10)
The towing operator shall either have a storage
facility within the corporate boundaries of the Township of Jefferson,
which can accommodate a minimum of 10 medium size vehicles, or maintain
a similar size storage facility outside of the Township of Jefferson
and within 20 minutes of the Jefferson Township Police Department’s
location. The storage facility must be lighted and secured by a fence
that is at least six feet high.
[Amended 6-24-2020 by Ord. No. 20-17]
(11)
All towing operators shall carry automobile
liability insurance in an amount not less than $1,000,000 combined
single limits, bodily injury and property damage per occurrence. Garage
keepers liability insurance shall be carried in an amount not less
than $60,000 per location. Garage liability shall be kept in an amount
not less than $1,000,000 combined single limit, bodily damage or property
damage per occurrence, including premises operations and products/completed
operations. Workmen's compensation shall be maintained as required
by statute. Liability policies shall be specifically endorsed and
provide coverage for the vehicles in tow. The municipality shall be
named as an additional insured on all policies. A certificate showing
these coverages shall be required.
(12)
The operator shall keep regular business hours
from 8:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to
12:00 noon on Saturdays. The operator may close on Sundays and holidays.
D.
Duties of approved towing operators.
(1)
A towing operator shall immediately dispatch tow vehicles
when requested by the police dispatcher to respond to emergency situations.
The towing operator shall respond promptly to the scene. Upon normal
driving conditions during the day the response time should be 20 minutes
and 30 minutes during night time hours. Day and night time are determined
as follows:
(2)
A towing operator shall not permit a vehicle to be
removed without proper authorization.
(3)
A towing operator's drivers shall request such police
assistance during course of service as safe towing practice necessitates.
(4)
A towing operator shall be available at or through
a telephone number 24 hours per day while on call.
(5)
A towing operator shall advise the desk officer if
the towing operator is unable to respond and the reason therefore.
(6)
A towing operator shall check with emergency personnel
and police officer before taking any action to tow.
(7)
A towing operator shall assist emergency personnel
as needed in extrication of injured via winching, stability, etc.,
at the direction of emergency personnel or police officer.
(8)
A towing operator shall remove glass and other debris
from the accident on the roadway and dispose of it properly.
(9)
A towing operator shall remove a vehicle from the
scene to a specified location when so designated by an investigating
officer.
(10)
A towing operator shall be available to release
vehicles at a minimum from 8:00 a.m. to 5:00 p.m. Monday through Friday
and 8:00 a.m. to 12:00 noon on Saturdays. No towing operator shall
release a vehicle without a release slip from the Jefferson Township
Police Department.
(11)
The towing operator shall, at his own expense,
prepare on a three-inch-by-five-inch card, posting his rate schedule
and time of operation along with his phone number and procedure to
pick up the vehicle to be distributed to vehicle owners.
(12)
Tow vehicles shall be equipped at all times
with safety vests for operators and must be worn at all times while
out of the vehicle, first aid kits, hand tools, flashlights, fire
extinguishers and additional equipment needed for the safety of the
operator. The vehicle owner shall not be charged for the use of these
items.
(13)
Fluid absorption material which the owner of
the vehicle may be charged for, but no more than $20 a bag.
(14)
Tow vehicles shall be kept in a clean and neat
appearance and meet all obligations of Title 39 of New Jersey law.
(15)
All towing operators placed upon the rotational
service duty list shall be utilized by the Police Department for the
purposes of notifying towing operators to assist disabled vehicles
within the Township of Jefferson.
[Amended 9-5-2007 by Ord. No. 20-07; 11-12-2008 by Ord. No. 17-08; 1-21-2009 by Ord. No. 1-09; 6-24-2020 by Ord. No. 20-17]
E.
Specialized recovery equipment:
(1)
Rotator/case recovery unit: $1,200 per hour.
(2)
Tractor with landoll trailer or detached trailer: $450 per hour.
(3)
Tractor/transport hauler only: $250 per hour.
(4)
Refrigerated trailer with tractor: $450 per hour.
(5)
Box trailer with tractor: $400 per hour.
(6)
Air cushion unit: $1,000 per hour.
(7)
Light tower: $250 per hour.
(8)
Pallet jack: $200 flat rate.
(9)
Rollers: $200 flat rate.
(10)
Any other specialized equipment: $250 per hour.
(11)
Loader/backhoe/bulldozer/bobcat/telescopic: $300 per hour each.
(12)
Forklift: $300 per hour.
(13)
Dump truck/dump trailer with tractor: $350 per hour.
(14)
Roll-off with container: $350 per hour plus disposal.
(15)
Recovery supervisor vehicle: $150 per hour.
(16)
Scene safety equipment: $250 per hour each type used.
(17)
Recovery support vehicle/trailer: $350 per hour.
F.
Labor: all labor a minimum of one hour.
(1)
Accidental minor clean-up and disposal of debris: $75 per hour minimum
plus material used.
(2)
Recovery supervisor and/or Level III recovery specialist: $225 per
hour (charges limited to one per incident).
(3)
Certified towing operator: $125 per hour per man.
(4)
Manual laborers: $100 per hour per man.
G.
Storage, per calendar day (inside rate is two times outside rate;
inside storage rate to be charged only if inside storage requested
by the vehicle owner).
(1)
Cars light - 10 feet by 20 feet space: $65 per day.
(2)
Trucks (dual wheels)/single axle: $90 per day.
(3)
Tractor/dump truck/tractor and trailer combo: $125 per unit per day.
(4)
Buses: $150 per day.
(5)
Roll-off: $125 per day.
(6)
Cargo/accident debris/load storage/vehicle components - 10 feet by
20 feet space: $45 per day.
(7)
Rental of any tow company supplied trailer post incident: $500 per
day.
H.
Additional service/notes:
(1)
Fuel/haz-mat/cargo spills/clean-up and disposal: Time and material.
(2)
Haz-mat and trash recovery: Surcharge 10%.
(3)
Subcontractor mark-up: 10%.
(4)
Administrative charge/only after third visit to vehicle: Cars only:
$50.
(5)
Administrative charge: Medium/heavy truck: $200.
(6)
After hour release: $75.
(7)
Notification documentation fee: $50.
(8)
Tarping/wrapping vehicle: $90 per car/$250 per truck.
(9)
Fuel surcharge: Reserved for future need.
NOTE: After the first hour, all hourly billable rates will be
charged in half hour increments. Charges for all trucks/recovery equipment
are inclusive of the operator. You may not separately charge for an
operator that drives/operates the truck/recovery equipment.
A.
The Chief of Police shall have the power to suspend
a towing operator from the rotational duty service list for a period
up to 30 calendar days for failure to comply with any section of this
chapter. A subsequent violation may result in the permanent removal
of a towing operator from the rotational duty service list for a period
of 12 months. A towing operator may appeal the Chief's ruling of either
a suspension or permanent removal. In such cases, an appeal may be
filed with the Township Administrator's office within 10 business
days of the Chief's decision. A hearing may be held by the Jefferson
Township Administrator's office within 30 days of the appeal. The
Jefferson Township Administrator's office shall render its determination
within 20 business days following the conclusion of the hearing. The
Administrator's office determination as rendered shall be final and
conclusive under this chapter.
B.
In addition, failure to comply with the Townships zoning, land use and property maintenance codes may subject any operator to suspension from the rotational service duty list upon request to the Chief of Police from the Townships zoning, land use or property maintenance office. Any towing operator suspended for the violations of Township codes set forth shall have the right to due process and appeal as set forth in Subsection A above.
C.
Complaints of any kind. Service complaints, overcharging, theft of parts, damage to towed vehicles, discourteous treatment, motor vehicle violations or complaints and the like shall be referred to the Police Department for investigation. Upon completion of the investigation, a written report by the investigating officer shall be forwarded to the Chief of Police with a recommendation for either no action or action against the towing operator. The Chief of Police shall have the power to suspend and the towing operator and shall have the right of due process as set forth in Subsection A above.
A.
An individual or entity seeking placement on the rotational
service duty list shall be required to submit an application and receive
the approval of the Chief of Police.
B.
All applicants are required to complete a form furnished
by the Police Department, providing any and all information needed.
C.
Each towing operator must be able to demonstrate to
the Township that he is thoroughly qualified and experienced in the
towing and removal of vehicles of the class in which he requests to
tow and that he has adequate facilities, equipment, expertise, licensing
and personnel to perform the services required by these specifications
in a manner satisfactory to the Jefferson Township Police Department.
D.
The Jefferson Township Police shall conduct a background
check of the towing contractor, its officers and employees prior to
making a determination of placement upon the rotational service duty
list. High incident of accidents or persistent violators in either
criminal or motor vehicle laws may warrant the Chief of Police to
determine a driver or employee ineligible. A conviction for any felony
will be ample reason to disqualify any contractor unless waived by
the Township upon application and for good cause. Any changes to the
tower's employment list that will affect the towing in Jefferson Township
must be reported immediately to the Chief's office.
E.
Approved operators shall keep accurate books and records
of all towing and storage services provided hereunder for a period
of seven years from the date of such storage and towing services rendered.
Approved towers shall make these books and records available to the
Township on request.
F.
Subcontractors are not permitted under any circumstances
unless approved by the Chief of Police or emergency situations.
(1)
If a subcontractor is approved, they must comply with
all provisions of this chapter.
G.
The towing operator shall submit, along with all applicable
paperwork, an application fee of $100 which may be returned if approval
is not given.
H.
The Township shall employ no less than two but no
more than four separate contractors to tow.
I.
The towing operator shall determine what area of the
Township he wishes to tow. These areas are defined as follows:
(1)
Milton Area: all areas within the Township of Jefferson
east of Berkshire Valley Road/Taylor Road intersections and east of
a point on Weldon Road at Saffin's Pond.
(2)
Lake Hopatcong Area: all areas within the Township
of Jefferson west of the Berkshire Valley Road/Taylor Road intersection
and west of a point on Weldon Road at Saffin's Pond.
J.
All applicants shall make available to the Township
whether they wish to be a Class A or Class B operator or both.
K.
All applicants shall submit, along with all applicable
paperwork, an amber light permit from the state of New Jersey for
each vehicle used.
L.
All applicants shall submit, along with all applicable
paperwork, any other information needed to conduct any investigation
for approval to be placed upon the rotational service duty list, determined
to be needed by the Chief of Police or his designee.
M.
Upon acceptance of application, the towing company
shall, by appointment, present all vehicles to determine conformity
to this chapter. These vehicles will be presented all at the same
time and inspected for, but not limited to, registration, insurance,
inspection, lights and other safety devices. Diesel stickers will
also be inspected where applicable.
