Township of Mansfield, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mansfield 4-9-1992 by Ord. No. 1992-7; amended in its entirety 9-22-2010 by Ord. No. 2010-12. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Motor vehicle sales and storage — See Ch. 29.
Traffic control — See Ch. 60.

§ 30-1 Definitions.

A. 
For purposes of this chapter, the following terms, phrases and words shall have the meanings given herein:
ABANDONED VEHICLES
A vehicle located on a public right-of-way not in operation and with no operator or owner visible and as defined in Title 39.[1]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWER
A person engaged in the business or offering the services of a vehicle tower or towing service, whereby disabled motor vehicles are towed or otherwise removed from the places where they are disabled, impounded or abandoned by use of a tower or truck so designed for that purpose.
TOWING
Hoisting, lifting, removal, hauling and transportation of any type of vehicle of any size from the highways, streets and roads located in the Township of Mansfield.
TOWNSHIP
The Township of Mansfield.
VEHICLE
Any motor vehicle of any type or size, including but not limited to passenger vehicles, trucks, trailers and other heavy vehicles and equipment.
WINCHING SERVICE
Any operation in which a vehicle is moved onto a roadway from a position off the roadway or any other operation in which substantial work is required to prepare a vehicle for normal towing.
[1]
Editor's Note: See N.J.S.A. 39:1-1 et seq., Motor Vehicles and Traffic Regulations.
B. 
When not consistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
C. 
Any term or word defined in the New Jersey Department of Insurance Rules and Regulations, N.J.A.C. 11:3-38.1 et seq., shall be applicable to this chapter.

§ 30-2 Contract required; application; liability of Township.

A. 
Generally. The governing body of the Township at the beginning of each annual period shall secure a contract with the tower to be called by the Police Department on a sequential order based on the rotation list. An annual application fee and a license fee shall be paid to the Municipal Treasurer by each tower so authorized. The contract shall be secured after the submission of an application as hereinafter set forth and the review and recommendation of the same by the Mayor and the Chief of Police, said contract to be awarded by the Township Committee. Any tower receiving a contract shall be placed on a rotation list. In the event that the tower assigned to a particular rotation is unavailable, then the next tower on the list shall be called during said rotation. Pursuant to N.J.S.A. 40A:11-15(22), each towing and storage contract can be awarded up to a three-year term at the discretion of the Township, commencing January 1 of each new contract year. Applications for the next contract period shall be received no later than October 1. A maximum number of towers to be accepted by the Township will be seven. The applications will be reviewed on a first-come-first-served basis. Any towers submitting after the seventh application has been received will be put on a list. Should any of the first seven towing companies be disqualified for any reason or withdrawn by the applicant, the Township will move down the list numerically to secure its total of seven towers.
[Amended 10-24-2012 by Ord. No. 2012-10]
(1) 
Application fee: $100.
(2) 
License fee: $150 per year, per service contracted (light duty towing and/or medium/heavy duty towing), payable before January 1 of the license year. For a temporary license for a period of less than 12 months, the license fee shall be prorated on a monthly basis.
B. 
Application process. Any person interested in being placed on the aforementioned rotation list, by way of a contract award, shall submit an application on a form to be prepared by the Township Clerk or his designee, said form to contain at a minimum the information specified herein. The applicant shall provide, at a minimum, the following information:
(1) 
A list of required equipment and proof of ownership.
(2) 
The experience of the applicant, with references.
(3) 
Available personnel (employees).
(4) 
Proper business and trade licenses and license of vehicles.
(5) 
The storage location, setting forth capacity, contractor responsible for safe storage area location and proof of ownership or lease of storage area.
(6) 
Insurance and proofs of coverage.
(7) 
A list of stockholders.
(8) 
A noncollusion affidavit.
(9) 
An affirmative action affidavit.
(10) 
A hold-harmless agreement.
(11) 
Certification that the applicant is able to provide towing services anywhere in the Township in accordance with the chapter response times.
(12) 
Certification that the applicant will be available for service on business premises 24 hours a day and will abide by the fees set forth in this chapter.
(13) 
Certification that the applicant shall consent to the appointment of the Township Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.
C. 
Review of application. The Chief of Police shall conduct a background check of the applicant and any employees to be utilized in the towing and storage operation. The background check is to determine if either the applicant or its employees have been convicted of a criminal offense or have had their drivers' licenses suspended or revoked within the past year. Conviction of a criminal offense or suspension of a driver's license within the past year shall be a cause for the disqualification from being awarded the contract. The Chief of Police or his designee shall conduct an inspection of the employees, 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 the applicable laws, regulations and standards of performance required by this chapter. The Township shall, at the cost of the applicant, obtain a Better Business Service Bureau Report and any other reports that the Township Committee may deem necessary. After a thorough investigation, the Chief of Police shall recommend to the Township Committee whether an applicant should be awarded the appropriate contract to provide towing services to the Township of Mansfield in accordance with the terms and conditions of this chapter.
D. 
Independent contract. By submission of the fee and application, the tower agrees that all personnel and equipment used under the terms of the contract shall be and remain property of the tower, and in no event shall the property or any employee of the tower be represented or considered belonging to or employed by the Township of Mansfield. The tower shall be operating under a contract and in no way or sense is an agent or employee of the Township of Mansfield.
E. 
Hold-harmless agreement; liability.
(1) 
The tower, by submission of the fee and application, agrees to assume the defense of and indemnify and hold harmless the Township, its elected officials, boards, commissions, officers, employees and agents from all suits, actions, damages or claims to which the Township may be subjected, of any kind or nature whatsoever, resulting from, caused by, arising out of or as a consequence of the provisions of providing the services required by this chapter. Prior to providing the towing services, the tower shall execute the appropriate contract containing the required hold harmless clause.
(2) 
The owner of the garage or the parking or storage location shall also agree to indemnify and hold harmless the Township and its officers, employees and agents from any and all suits, actions, damages or claims arising out of the performance of the duties specified in this chapter.
(3) 
The Township of Mansfield shall not be liable for any service whatsoever which may be rendered to motor vehicles, and the tower shall only seek payment from the driver and/or owner of such vehicles for compensation.
F. 
Township Committee decision. The Chief of Police shall conduct the aforementioned review and investigation and render a report to the Township Committee recommending either approval or denial of the application within 21 days of the receipt of the application from the Township Clerk, who shall immediately forward the review and recommendation to the Township Committee. The Township Committee shall take action with regard to the application and award or not award a contract within 14 days of the receipt of the report and recommendation of the Chief of Police. The applicant or its representative shall be given notice of the date on which the Township Committee shall consider the application and the award of the contract and shall be permitted to appear and be heard at said time. Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Township Committee. Not more than six total light duty towing licenses and not more than total medium/heavy duty towing licenses shall be issued.

§ 30-3 General requirements.

The following general requirements shall apply to all towers and towing operations acting on behalf of the Township of Mansfield:
A. 
Required equipment. The tower shall have sufficient equipment, either owned or by leasing from a bona fide leasing company, and said tower may not utilize other competing and/or joint venture-type arrangements with other towing companies to tow any size vehicle utilizing the highways, streets and roads in the Township of Mansfield. The minimum requirement for medium/heavy duty towing is one thirty-ton capacity wrecker equipped with a wheel lift and/or under-reach lift, and one ten-ton capacity wrecker equipped with a wheel lift and/or under-reach lift. The minimum requirement for light duty towing is four-ton capacity flatbeds or one four-ton capacity wrecker and one (1) four-ton capacity flatbed.
(1) 
At the time of the submission of the application, the tower shall submit proof satisfactory to the Township 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 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.
(2) 
Safety equipment to be carried on all trucks shall include:
(a) 
Wheel lift or chassis lift/under reach.
(b) 
"J" hooks and chains or tie-downs.
(c) 
Snatch block.
(d) 
Two high-test safety chains.
(e) 
Auxiliary safety light kit (to be placed on the rear of a towed vehicle that does not have functioning tail light flashers).
(f) 
Rotating amber emergency lights mounted on the top of the tow truck (State-issued permit is required and it must be in the truck).
(g) 
Two white work lights facing the rear of the vehicle.
(h) 
Two safety cones (minimum height of 18 inches) with reflective strip
(i) 
One shovel.
(j) 
One broom.
(k) 
Steering wheel tie-down.
(l) 
Off-side truck winching.
(m) 
Jumper cables or jump box.
(n) 
One fuel can capable of carrying five US gallons of fuel.
(o) 
Spill absorbent ("SpeedyDry").
(p) 
Toolbox with assorted hand tools.
(q) 
Two-way communication system, radio or cellular, with communication between the licensee's base and all of the required trucks and from truck to truck.
(3) 
Tow-truck lettering. All tow trucks operated by the licensee shall be permanently lettered on both sides in accordance with N.J.S.A. Title 39. Newly purchased vehicles will be allowed a four-week grace period during which time magnetic signs may be used.
(4) 
Required communication. The licensee shall maintain a twenty-four-hour phone number which is manned by the licensee's personnel, or utilize a call-taking service. Such personnel must have constant two-way communication, radio or cellular, with the licensee's vehicles. Phone calls may be forwarded from the principal business location to a residence during night-time hours as long as two-way communication can be maintained with the licensee's vehicles.
B. 
Employees. 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 who will be on the day shift and the number assigned to the night shift, seven days a week.
(1) 
No person shall be employed by the tower unless the Township has obtained a records check and has been approved by the Chief of Police.
(2) 
All drivers of the tower shall be over the age of 18 years and must have a valid, current New Jersey driver's license with no restrictions or conditional endorsements, except conditions requiring glasses, and shall be in good health and of high moral character.
(3) 
The tower shall submit with the application to the Township 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 will be kept current to the Township by the tower.
(4) 
No driver shall perform services under this contract unless previously listed by the contractor to the Township.
C. 
Availability; response time. The tower shall be available 24 hours a day, seven days a week for the use of the Township at the direction of the authorized representatives of the Police Department as per the rotation requirements hereinafter set forth. During the rotation that the tower has exclusive rights to tow vehicles on behalf of the Township of Mansfield, said tower shall be called or dispatched first by the Police Department. In the event that said tower is unavailable with respect to a particular incident, then the next tower shall be called or dispatched to the scene, the next tower to be as set forth on the rotation list established by the Township Committee upon the recommendation of the Chief of Police. The rotation list shall be as a result of the receipt and review of the approval of the aforementioned applications and the award of a contract with respect thereto. In the event that none of the towers set forth on the rotation list are available or are able to provide the appropriate services as requested by the Township, or if an emergency exists, the Township 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 Township over any other request which may be received by the tower. Notwithstanding the establishment of a rotation list by the Township Committee, no tower shall be called until the Chief of Police or his designee has ascertained that the following requirements have been met:
(1) 
The insurance policies, as required, have been procured and supplied.
(2) 
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 license plates or which has failed inspection.
(3) 
The requirements of this chapter and all other laws, statutes and ordinances have been met.
D. 
Storage location. The vehicles must be towed to a location containing a minimum storage area of at least 10,000 square feet. The applicant shall submit as part of the application process proof that he owns or can lease the aforementioned minimum storage area. For the convenience of the public and for investigative purposes, the storage area must be located within a twelve-mile radius from the Township of Mansfield's boundary lines. If the tower has an option to lease the required storage area, he shall submit with his application a copy of the option agreement containing the legal 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 contract. The surveys, as required herein, shall have set forth thereon a certification by the surveyor to the Township as to the square footage within the storage area as surveyed. The storage area shall meet the following requirements:
(1) 
The land used for the storage of 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 automobiles may be claimed.
(2) 
No towed vehicle may be parked upon the public street and shall be stored by the tower within the storage area as hereinafter defined.
(3) 
The storage area must be accessible 24 hours per day by the police.
(4) 
The storage area shall accept all types of cars and trucks and be able to hold at least 25 vehicles of any type.
(5) 
The entire land area shall be enclosed by a fence of sturdy construction of at least six feet in height and shall be secured with lighting.
(6) 
All the land proposed to be utilized by the tower for storage shall be level and clear of all debris and must be clearly marked.
(7) 
The storage area shall be used for the storage of vehicles awaiting a claimant or an auction sale only. The land shall not be used for the storage of vehicles owned by the tower even if the tower purchases the same at an auction held on the premises. Any vehicles purchased by the tower at an auction shall be removed from the site of the auction within the time specified in the advertisement.
(8) 
The tower shall be responsible for each vehicle in his area until final disposition and removal as ordered by the Township. All vehicles, regardless of conditions, shall be stored singly and so arranged to permit inspection and subsequent removal. Adequate walkway inspection space shall be provided at all times.
E. 
Rotation lists. The Township shall maintain two rotation lists. One list shall contain applicants capable of providing light-duty towing, as set forth in the Towing and Recovery Association of America, Inc., Vehicle Identification Guide as Class I and Class II. That list shall be known as the "light-duty list." The Township Police Department shall also maintain a rotation-based list of companies for medium- and heavy-duty towing. Companies on this list must maintain equipment capable of towing vehicles in Class III through Class VIII, Towing and Recovery Association of America, Inc., Vehicle Identification Guide. That list shall be known as the "medium- and heavy-duty" list.
F. 
Records; inspection; release of vehicle.
(1) 
The tower shall maintain records 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 trunk and glove compartment if opened or key available, and the tower shall be responsible to safeguard and release the contents to the owner.
(2) 
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 Township Committee or their designees shall have access to any of the records required to be kept by the tower.
(3) 
The tower shall not release vehicles towed under this contract without the claimant first obtaining a release from the Police Department.
(4) 
The service, equipment and personnel are subject to periodic inspections and approval of the Township. The Township reserves the right to have a qualified person or agency make such inspections.
G. 
Disputes and adjustment. Any disputes over the interpretation of the contract, including reasonableness of any fees assessed, shall be settled amicably, if possible, through negotiations between the tower, the Police Department and the Township Committee. In cases where the Township has been at fault in wrongfully directing that a vehicle be towed, the tower may petition the Township Committee for reimbursement of costs incurred in the towing and storage of said vehicle.
H. 
Standby service. 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 Township Committee and/or Chief of Police or their duly 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. 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 calling the tower. The Township reserves the right, during any emergency, to designate temporary areas owned or leased by the Township for the storage of disabled vehicles in said area at the direction of the Chief of Police or his designee.

§ 30-4 Removal and storage of vehicles.

A. 
Removal. Vehicles shall be removed as follows:
(1) 
Abandoned vehicles.
(a) 
Abandoned vehicles as defined in Title 39 of the New Jersey Revised Statutes shall be removed under the direction and supervision of the Police Department on a twenty-four-hour-a-day basis. All calls with respect thereto shall be answered within 30 minutes from the time of notification under normal conditions, seven days a week, anywhere within the Township limits unless the Police Department determines it is not a threat to vehicle, traffic or persons and could be removed during regular business hours. Abandoned vehicles shall be towed without charge to the Township to the aforementioned required storage area and stored thereon for no longer than 90 days without any charges or liens accruing against the Township. Abandoned vehicles remaining after 90 days may be removed from the secured area, provided that a junk title has been applied for pursuant to the provisions of Title 39, said application to be by the tower.
(b) 
The tower may be penalized $150 per day for each abandoned vehicle not removed and towed within a reasonable amount of time after notification by the Police Department and such may be grounds for termination of the contract.
(c) 
The requirement to tow abandoned motor vehicles shall only apply to public rights-of-way, easements, avenues, places, including public parks and playgrounds, and all quasi-public areas. The owner of private property shall be responsible for the removal of any unattended or disabled vehicles in accordance with the provisions of N.J.S.A. 39:4-56.6, and shall employ a tower of his choice.
(d) 
The Township retains the right to require that the abandoned vehicle shall be towed to municipal property and to retain any monies realized from the sale of such vehicles. Otherwise, it shall be the responsibility of the tower to provide for the disposition of abandoned vehicles and the issuance of junk motor vehicle titles in accordance with the provisions of Title 39. The Township Police Department shall assist in providing any information needed for the proper disposition of such vehicles.
(2) 
Vehicles not abandoned.
(a) 
All vehicles involved in accidents, disablements, stolen vehicles, vehicles involved in suspected crimes and the like shall be towed and stored under the direction and supervision of the Police Department 24 hours a day, seven days a week. Vehicles shall be available for release between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, and 9:00 a.m. and 12:00 noon, Saturdays and Sundays, except legal holidays. Sunday hours are optional. However, no storage charge for Sunday shall be assessed if a vehicle is picked up on Monday. The tower shall arrive at the scene of the accident within 30 minutes under normal conditions after police notification. Repeated late arrivals at the scene of accidents may result in the termination of the contract as otherwise provided in this chapter.
(b) 
In the event that the tower has been summoned by the Township for purposes of towing a vehicle and the owner of the vehicle has also summoned his own tower and said tower arrives on the scene prior to the removal of the vehicle by the Township tower, then the owner is entitled to remove his own vehicle at no cost or expense to the owner or to the Township. There shall be no charge to the Township for the tower appearing at the scene under said conditions.
(c) 
The tower shall, at no cost to the Township, be responsible for the changing of patrol car tires when disabled and the towing of disabled police vehicles when required by the Police Department. The tower shall, without charge to the Township, complete any inspections of motor vehicles, including garage reports and fatal motor vehicle accidents as determined by the Police Department.
(3) 
Storage. The tower shall store the abandoned and nonabandoned vehicles in the storage area as required in this chapter. The vehicles shall be stored until claimed by the owner or until auctioned by the Township in compliance with state law or as otherwise to be disposed of pursuant to state law. Vehicles to be removed shall be towed to the tower's storage area or to Township property at the discretion of the Township police.

§ 30-5 Indemnity and insurance.

A. 
The tower shall indemnify and hold harmless the Township of Mansfield from any and all claims against the Township of Mansfield arising out of the operation of any towing services, garage services, storage services, or repair services under this chapter. Liability insurance shall include contractual liability of $1,000,000 combined single unit.
B. 
The tower shall carry workers' compensation insurance in accordance with the requirements of New Jersey State law. The tower shall also carry public liability and property damage and contingent liability insurance to indemnify the Township of Mansfield and the public against any loss due to injuries, accidents or damages of any character whatsoever, where any such damage is the result of any act or omission of the tower, his agents or employees in or due to the execution of the work called for under the contract and this chapter. Such policies shall contain the provision that 30 days' notice of change or cancellation be given to the Township by the insurance company. Public liability insurance limits shall be at least $500,000 per accident and be specifically endorsed to provide collision insurance for vehicles in tow. In addition, the tower shall have coverage for contractual liability and also name the Township as an additional insured. All insurance required hereunder shall remain in full force and effect for the period of the contract.
C. 
The tower shall have appropriate bodily injury liability insurance with $1,000,000 combined single limit.
D. 
The tower shall have automobile bodily injury liability insurance with limits of not less than $500,000 for each person and $1,000,000 for each accident and property damage liability insurance with a limit of not less than $500,000 for each accident.
E. 
The tower shall have garagekeepers' liability in an amount of not less than $60,000 per location and garage liability in an amount of not less than $1,000,000 combined single limit.
F. 
Certificates of insurance showing that both the tower and the Township of Mansfield are named as additional insured, in conformance with the above, shall be furnished to the Township purchasing agent, subject to approval of the Township Solicitor, and filed with the Township Clerk. The certificates of insurance shall be delivered to the Township purchasing agent together with the executed contract.

§ 30-6 Rate schedule; charges and fees.

A. 
Generally.
(1) 
Towing and storing charges and fees shall be in accordance with the provisions of this chapter. The Township shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles. The charges and fees and rates applicable to services performed pursuant to this chapter shall be posted in a conspicuous place visible to the public at the tower's storage area and a schedule of these charges and fees and rates shall be stored inside each and every vehicle. The tower shall prepare a bill for charges pertaining to each vehicle and present the same to the claimant of a vehicle. The bill shall be itemized in detail as to the actual services rendered and shall contain a statement that the claimant may complain with respect thereto to the Township. The Township will not be responsible for charges due and owing from a claimant of a vehicle, nor will it assist the tower in collecting such charges. Vehicles towed or impounded at the direction of the Mansfield Township Police Department in connection with a police investigation (e.g., fatal crash, stolen vehicle, search warrant execution) will not be charged to the Township, and in the case of impounds, will not incur storage charges until the vehicle is released by the police department.
(2) 
In the event the Township conducts an auction of unclaimed abandoned vehicles pursuant to Title 39, the tower's bill for towing and storage shall be an expense of possession and sale and shall be paid from the proceeds of such auction. Each vehicle auctioned shall be a separate item for purposes of this subsection. The title fee which the Township must pay the State of New Jersey for title certificates shall be paid by the purchaser at the auction even if the tower is the purchaser and shall be in addition to the bid price of each vehicle. In the event the Township determines to utilize the provisions of Title 39 with respect to unclaimed vehicles, the tower shall receive no compensation for its services.
(3) 
The fee for towing a vehicle shall include the service rendered from the scene where the vehicle is located to the storage area and from the storage area to the curbline of the property on which is located the storage area. There shall be no additional charge for towing a vehicle from the storage area to the curbline for the purpose of an owner of a vehicle towing the vehicle to a service station or other vehicle repair shop or the person's home or any location, unless otherwise provided in this chapter. The charge for towing includes any incidental and related costs such as connecting and reconnecting a transmission. There shall be no additional charges for any other services, including but not limited to waiting time, cleanup costs and additional labor when the towing services as defined herein are provided, except as otherwise provided herein. The tower may charge a fee for a vehicle lockout service, i.e., when a tower responds and opens a locked vehicle when the owner/operator has locked the keys in the vehicle or is otherwise unable to open the vehicle. If the towed vehicle is equipped with a trailer, no additional fees may be charged unless additional equipment is needed to tow the trailer.
B. 
The licensee shall accept a minimum of two major credit cards 24 hours a day, and must be able to do so both at the principal location and by drivers on the road at the time service or tow is performed.
C. 
Charges and fees. The charges, fees and rates for vehicles to be towed and stored shall be as follows:
(1) 
Light-duty (GVWR less than 10,001 pounds):
(a) 
Normal tow: $125 per tow.
[Amended 10-25-2016 by Ord. No. 2016-16]
(b) 
Storage: $32 per twenty-four-hour period, beginning at the time storage begins.
[Amended 10-24-2012 by Ord. No. 2012-10]
(2) 
Medium-duty (GVWR 10,001 pounds to 26,000 pounds).
(a) 
Normal tow: $200 per tow.
[Amended 10-25-2016 by Ord. No. 2016-16]
(b) 
Storage: $55 per twenty-four-hour period, beginning at the time storage begins.
[Amended 10-24-2012 by Ord. No. 2012-10]
(3) 
Heavy duty (GVWR greater than 26,000 pounds):
(a) 
Normal tow: $450 per tow.
[Amended 10-25-2016 by Ord. No. 2016-16]
(b) 
Storage: $65 per twenty-four-hour period, beginning at the time storage begins. Double storage may be charged if the vehicle is equipped with a trailer.
[Amended 10-24-2012 by Ord. No. 2012-10]
(4) 
Winching shall not exceed $120 per light- and medium-duty vehicle and $400 per heavy-duty vehicle.
(5) 
Removal of vehicles from storage lot. A storage removal fee of $35 may be assessed for removing an inoperable, nondriveable vehicle from the storage lot. No fee shall be charged for vehicles that are driven off of the lot.
(6) 
Waiting-time charge shall not exceed $35 per hour. Waiting time is the additional time a tow operator spends at the scene other than the time required for the actual tow and or recovery. Waiting time may only be charged if the tow operator is required to wait until EMS services are provided or a police investigation is being conducted. Waiting time must exceed 15 minutes before charges can be applied.
(7) 
For motor vehicle crashes involving medium- or heavy-duty towing, a fee of $25 per person, per 15 minutes, may be charged for on-scene cleanup.
(8) 
If no keys are available for a vehicle being towed, a fee of $25 may be charged.
D. 
Specialized equipment. In cases where the tower must hire laborers or rent or utilize specialized equipment not specified in this chapter, all reasonable charges therefore shall be paid by the owner of the vehicle, after the owner of the vehicle or his agent has given his prior written consent thereto, except where said vehicle is deemed a hazard to health or safety, whereupon said vehicle will be removed by the direction of the Chief of Police or his designee, with the owner then being responsible for all personnel, equipment and labor costs. The necessity for specialized equipment shall be determined by the Chief of Police or his designee.
E. 
Unloading of goods. In the event that it is necessary to unload a vehicle which has been used for transportation of goods prior to or after towing, an agreement shall be reached between the tower and the owner of the vehicle or the owner's agent or representative as to the charge for said service. No written agreement is necessary in an emergency situation, and the Chief of Police or his designee shall determine when an emergency exists.
F. 
Pursuant to N.J.S.A. 40:48-2.50(3), all fees to be paid to an operator by a municipality for the storage of removed motor vehicles shall not exceed a limit of $400 per vehicle stored, regardless of the duration of the storage, except that a waiver may be granted for good cause, upon the request of the Township, by the Division of Local Government Services in the Department of Community Affairs.
[Added 10-24-2012 by Ord. No. 2012-10]

§ 30-7 Violations and penalties.

A. 
Suspension or revocation. The Township Committee shall have the right to suspend or revoke any license issued under this section for good cause upon written complaint of the Chief of Police following his determination that there is probable cause for suspension or revocation based upon violation of this section.
(1) 
A license may be denied, suspended or revoked for fraud, misrepresentation or false statement in the course of conducting the towing operation, for violation of this section, or for conviction of the applicant, its officers or a person or entity holding an interest of 10% or larger in the applicant, of a crime involving moral turpitude or relating to the towing business. A license may also be denied if the applicant has had a towing license or contract revoked while working for any other municipal, county or state agency. Such revocation shall have occurred within a twelve-month period prior to making application in the Township of Mansfield.
(2) 
Written notice of such complaint and the basis of the complaint shall be given to the licensee, and the licensee shall be entitled to a hearing before the Township Committee prior to final determination of the complaint by the Township Committee. If, after the hearing, a majority of the members of the Township Committee present and voting decide that there has been a violation, they may terminate of suspend the license.
B. 
Emergency suspension. A license may be suspended by the Chief of Police whenever the Chief in his reasonable judgment considers such suspension necessary for reasons of safety, or has reason to believe that the licensee is not covered by the insurance required by this section. Such suspension shall continue until terminated by the Chief of Police, provided that if the suspension is not terminated within three business days, the Chief shall file a complaint for suspension or revocation pursuant to this section, and the suspension shall remain in effect pending a determination of the complaint.
C. 
Temporary license. In the event of an emergency suspension or other failure of the licensee to perform its duties under this section, the Chief of Police may issue a temporary license to a towing operator to operate during any licensee's failure to perform, should the replacement of said licensee be deemed necessary. The issuance of a temporary license shall be reported to the Township Committee immediately upon issuance. Temporary licenses may be issued for a thirty-day period, which may be extended for two additional thirty-day periods.