[HISTORY: Adopted by the Township Council
of the Township of Mount Holly 4-23-2001 by Ord. No. 2001-7.
Amendments noted where applicable.]
A.
The purposes of this chapter are to:
(1)
Establish a requirement and procedure for the licensing
of individuals and entities providing towing and storage services
to the Township Police Department.
(2)
Establish, in the interest of public safety, a uniform
policy for the towing and storage of motor vehicles towed and stored
at the request of the Township Police Department.
(3)
Establish uniform fees for towing and storage services.
B.
This chapter shall apply to all motor vehicle towing
and storage operations performed at the request of the Township of
Mount Holly Police Department.
As used in this chapter, the following terms
shall have the meanings indicated:
A private passenger motor vehicle or any vehicle included
in the of "automobile" under N.J.A.C. 11:3-38.2.
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility and other services normally incidental 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.
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks or motorized
bicycles.
The Township of Mount Holly.
A person engaged in the business of towing and storing motor
vehicles or offering the services of a tow vehicle or tow truck and
storage services.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles, employed for the purpose of towing, transporting,
conveying and/or removing motor vehicles which are unable to be operated
under their own power from one place to another for which a charge
or fee is extracted.
No person shall engage in the business of towing
or storing motor vehicles at the direction of the Township of Mount
Holly Police Department without first obtaining a tow operator's license
therefor. Nothing herein shall require licensing for the rendering
of road service or for the provision of towing and storage services
within the Township other than at the request of the Township Police
Department.
A.
Applicants for a license under this chapter shall
file with the Township Clerk a sworn application on a form to be furnished
by the Clerk, which shall include the following information and certification:
(1)
The full name and address of the applicant. If the
application is made for a corporation, it shall state the names and
addresses of the officers and directors thereof, its registered agent
and the names and residential addresses of every stockholder owning
more than 10% of the issued stock.
(2)
The year, make and type of each tow vehicle used in
said business, its serial number, registration number and registered
owner.
(3)
The address where the tow vehicle or vehicles shall
be regularly garaged, the telephone number or numbers and the hours
during which service is available at those numbers and the names,
addresses and New Jersey driver's license numbers of all operators.
(4)
The location, size and security features of the storage
lot or space in which towed vehicles will be stored, including the
number of spaces available. The storage lot shall be designated either
as:
(a)
"Inside building": a vehicle storage facility
that is completely indoors, having one or more openings in the walls
for storage and removal of vehicles that are secured by a locking
device on each opening; or
(b)
"Outside secured": a vehicle storage facility
that is not indoors and is secured by a fence, walls or other man-made
barrier that is at least six feet high. The facility is to be lighted
at night so that all vehicles may be plainly visible.
(5)
The name and address of the insurance carriers and the policy numbers of all insurance policies as required by § 255-9 of this chapter.
(6)
A copy of the operator's current fee schedule for
towing and storage services, separately listing towing and storage
for automobiles and other motor vehicles.
(7)
A certification that on-call towing and storage services
will be available 24 hours per day, every day of the year.
(8)
A certification that the fees and procedures required
by this chapter shall be complied with at all times.
(9)
A statement that the Chief of Police or his designee
may at any reasonable time conduct an inspection of the tow vehicles
or storage facility of any applicant or licensee for the purpose of
determining compliance with this chapter.
(10)
Such other information as the Township Clerk
or Chief of Police may reasonably prescribe.
B.
All applications for a tow operator's license shall
be accompanied by a fee of $100 to cover the Township's costs in processing
the application and renewal applications.
A.
The Township Clerk shall forward all complete applications
to the Police Department, which shall conduct or cause to be conducted
such investigation as it deems necessary to determine the truth and
accuracy of the information contained in the application and whether
the applicant meets the following minimum standards:
(1)
Neither the applicant nor any tow vehicle operator
has any criminal convictions or prior motor vehicle infractions which
might adversely affect public safety or welfare.
(2)
The applicant has the ability to respond to the scene
in response to any request for assistance within 25 minutes after
notification.
(3)
The applicant can provide on-call towing services
24 hours per day, every day of the year.
(4)
The tow trucks and equipment are in safe and sound
condition and in compliance with all applicable laws, rules and regulations.
All applicants must meet minimum standards of operator performance,
including but not limited to standards concerning the adequacy of
the applicant's equipment and storage facilities and availability.
(5)
The applicant owns or has a valid lease to a storage
facility within three miles of the Township, in an area legally zoned
for such use.
(6)
The applicant is in compliance with and/or has the
ability to comply with all other requirements and standards set forth
herein.
B.
In addition to the minimum standards of performance
referred to in the preceding subsection, all applicants are subject
to disqualification if found deficient in any one of the following
areas:
C.
The Police Department shall endorse its approval or disapproval of the application within 30 days of receipt. If the application is disapproved, the reasons therefor shall be set forth in writing. The Township Clerk shall notify the applicant in writing that the application has been granted or denied. If the application is denied, the reasons for such denial shall be set forth in the notice, along with the applicant's right to appeal the denial to the Township Manager pursuant to § 255-8.
A.
A tow operator's license shall be issued by the Township Clerk to an approved applicant upon provision of insurance certification pursuant to § 255-9 and approval by the Police Department. The Township Clerk shall send a copy of the license to the Police Department for filing and shall keep a permanent record of all licenses issued.
B.
All licenses under this chapter shall expire at the end of the calendar year in which issued. Applications for renewal, certifying any changes to the original application or certifying no change, shall be filed with the Clerk at least 30 days before expiration on forms provided by the Clerk. Renewal applications will be forwarded to the Police Department for review and any necessary investigation in accordance with the procedures and standards set forth in § 255-5. If approved, a renewal license shall be issued.
C.
All licenses issued under this chapter are nontransferable.
A.
Licenses issued under this chapter may be revoked by the Police Department after reasonable notice and hearing pursuant to § 255-8 for any of the following reasons:
(1)
False or materially inaccurate information in the
application or a change of circumstances which would have caused disapproval
of the application if existing at the time of approval.
(2)
Failure to comply with any of the requirements of
this chapter, any additional regulations promulgated by the Chief
of Police or any state, federal or local law relating to motor vehicle
operation or storage.
(3)
Unsatisfactory service which jeopardizes public safety.
More than three unexcused failures to respond and/or valid complaints
(as determined by the Police Department after investigation) within
a twelve-month period shall be considered grounds for suspension and/or
revocation.
(4)
Any complaint relative to service, overcharging, theft
of parts, damage, discourteous treatment or the like.
Any person aggrieved by the action of the Police
Department or the Township Clerk in the denial of an application for
a license or in revocation thereof or in the suspension from the Township's
on-call towing list may appeal to the Township Manager by filing with
the Municipal Clerk, within 14 days after notice of the action complained
of has been mailed to such person's last known address, a written
request for a hearing, setting forth fully the grounds for the appeal.
The Manager will set a time and place for a hearing on such appeal,
and notice shall be served on or mailed to the applicant or licensee
at least five days prior to the hearing.
A.
Every licensee shall carry insurance as follows:
(1)
Comprehensive automobile liability in an amount not
less than $1,000,000 combined single limits;
(2)
Workers' compensation coverage as required by state
law;
(3)
Garage keeper's liability in an amount not less than
$60,000 per location;
(4)
Garage liability in an amount not less than $500,000
combined single limits;
(5)
Comprehensive general liability coverage in an amount
not less than $500,000 for each person and $500,000 for each accident;
(6)
Endorsements providing for collision coverage for
vehicles in tow;
(8)
Endorsement naming the Township as an additional insured
in all insurance policies (except workers' compensation policies)
for licensees on the Township's on-call towing list.
B.
All licensees shall hold harmless and indemnify the Township, its officers, employees and agents from any and all liability claims, losses or damage arising or alleged to arise from the performance of the towing services requested of or rendered by the licensee. The foregoing indemnification language shall be incorporated in the general comprehensive liability policy required by § 255-9A.
C.
All insurance policies shall be written by insurance
companies acceptable to the Township and authorized to do business
in the State of New Jersey.
D.
No license shall be issued or renewed until the applicant has filed with the Township Clerk certificates of insurance evidencing the insurance coverage and endorsements required in § 255-9A. All certificates must provide for 30 days' prior written notice to the Township of policy cancellation or material change.
A.
The Police Department shall maintain a list of those
tow operators licensed by the Township to respond to calls from the
Township Police Department. In order to be included on the on-call
towing list, an applicant must meet all of the requirements of this
chapter and shall enter into an agreement with the Township for a
term of one year.
B.
Calls to tow operators on the on-call list shall be
made on a nondiscriminatory rotating basis pursuant to procedures
established by the Police Department. Nothing herein shall prohibit
the Police Department from calling a tow operator out of sequence
or seeking the services of a tow operator not on the on-call list
if the circumstances require specialized equipment or if the interests
of public safety so require. If the tow operator selected does not
respond to the scene within the 25 minutes after notification, the
Police Department shall be permitted to summon the next available
tow operator. The Police Department may summon another tow operator
prior to the expiration of 25 minutes if circumstances so warrant.
When any unusual situation occurs which may be dangerous to the safety
of the public, such as a spill of toxic material or other dangerous
cargo, the Township Police Department may select any qualified tow
operator.
C.
The fees to be charged for the towing and storage services of automobiles shall be as set forth in § 255-11. The Township shall not be liable for the cost of any towing and/or storage services unless those services are performed on a municipal vehicle.
D.
Inclusion on the on-call towing list shall be automatically revoked upon expiration or revocation of the tow operator's license. The Police Department may also suspend a licensed tow operator's inclusion on the on-call towing list for such period of time as it considers appropriate for violations of this chapter, after a hearing on such violations. Suspensions may be appealed pursuant to the procedures set forth in § 255-8.
E.
Nothing in this section shall prohibit a motorist
or motor vehicle owner from summoning a tow operator of his or her
own choosing, except that any Township police officer at the scene
of an incident requiring towing services shall be responsible for
making the final determination as to when towing shall take place
and which tow operator shall be called.
F.
All vehicles towed at the request of the Township
Police Department must be removed to an approved storage facility
unless the owner or operator of the vehicle specifically requests
that it be towed to another destination. Any Township police officer
at the scene shall be responsible for making the final determination
as to the towing destination.
G.
No vehicle shall be released by the tow operator until
the owner or agent of the vehicle produces a release form from the
Police Department. No verbal releases are to be accepted. The Township
is not responsible for any costs, compensation or damage which a tow
operator may suffer by the Township agreeing for a vehicle to be released.
Vehicles may only be retrieved during the normal working hours of
the tow operator.
H.
No tow operator shall dispose, destroy, remove, sell
or otherwise transfer any vehicle towed at the request of the Township
Police Department without first complying with all applicable laws
of the State of New Jersey and notifying the Township Police Department
of its intention to do so, in writing, at least 14 days prior to effectuating
the same.
I.
Prior to commencing any tow, the tow operator shall
sign the tow report prepared by the officer on location acknowledging
receipt of the vehicle.
J.
Upon request by the Township Police Department, the tow operator shall store a motor vehicle in an inside building as defined in § 255-4A(4). Vehicles designated by the police as being suspected as being used in criminal activity shall be stored in a separate space for the exclusive use of the Police Department and shall not be released without the written permission of the Chief of Police or detective in charge of the investigation.
K.
In addition to any requirements set forth elsewhere
in this chapter, all approved towing services must provide, in writing,
an employment nondiscrimination statement prior to the issuance of
said approval and must agree to comply with all state and federal
laws and regulations concerning wages, hours and terms of employment.
L.
Employees of an approved towing service shall in no
way be deemed to represent or be employed by this municipality, and
all such towing services shall be responsible for the conduct of their
employees.
M.
All towing and storage fees shall be disclosed in
an appropriate notice on the front or top page of all invoices and
receipts. Additionally, adequate public postings of such fees must
be made at the storage area, in easy view of the public.
[Amended 1-9-2006 by Ord. No. 2005-33; 3-14-2016 by Ord. No. 2016-11; 4-27-2020 by Ord. No. 2020-9]
A.
Generally.
(1)
Towing and storage charges and fees shall be in accordance with N.J.S.A.
40:48-2.50 as well as 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 shall be presented to the owner of a vehicle to be
towed at the time of service. The tower shall prepare an itemized
bill in detail as to the actual services rendered and present the
bill to the claimant of a vehicle. Each bill shall contain a statement
that the claimant may file a complaint with the Township with respect
to charges. 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 impounded as a result of police
investigations involving stolen vehicles or fatal accidents will not
result in storage charges; however, the Township reserves the right
to store such vehicles at a location of its choosing.
(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 for
which the Township must pay to 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
repair shop or the person's home or other location. The charge
for towing includes any incidental and related costs such as disconnecting
and reconnecting a transmission. There shall be no additional charges
for any other services, including but not limited to waiting time,
debris removal, winching and additional labor when basic towing services
as provided for by this chapter are performed. The tower shall be
responsible for the cleanup and disposal of motor vehicle fluids,
in accordance with state law and accepted standards, and there shall
be no additional labor charges for this service. The tower may charge
the owner/operator for material used in the cleanup of motor vehicle
fluids. The tower may charge a fee for lockout service as well as
roadside assistance such as jump-starts, tire changes, and providing
gasoline for vehicles that have run out of fuel.
B.
Fee schedule enumerated; restrictions. A tow operator may charge
fees for the following services:
(2)
Decoupling (if tow is not performed), which shall be a flat fee not
to exceed $75 as to all types of motor vehicles.
(3)
Winching, which shall be based upon each hour spent performing winching
(charges for winching services in the case of a light/medium-duty
vehicle shall not exceed $350 per hour; charges for winching services
in the case of a heavy-duty vehicle shall not exceed $600 per hour).
(4)
Specialized recovery equipment:
(a)
Rotator/crane recovery unit: rate not to exceed $1,200 per hour.
(b)
Tractor with landoll trailer or detach trailer: rate not to
exceed $450 per hour.
(c)
Tractor/transport hauler only: rate not to exceed $250 per hour.
(d)
Refrigerated trailer with tractor: rate not to exceed $450 per
hour.
(e)
Box trailer with tractor: rate not to exceed $400 per hour.
(f)
Air cushion unit: rate not to exceed $1,000 per hour.
(g)
Light tower: rate not to exceed $250 per hour.
(h)
Pallet jack: flat rate not to exceed $200.
(i)
Rollers: flat rate not to exceed $200.
(j)
Loader/backhoe/telescopic handler/bulldozer/bobcat: rate not
to exceed $300 per hour each.
(k)
Forklift: rate not to exceed $300 per hour.
(l)
Dump truck/dump trailer with tractor: rate not to exceed $350
per hour.
(m)
Roll-off with container: rate not to exceed $350 per hour plus
disposal.
(n)
Recovery supervisor vehicle: rate not to exceed $150 per hour.
(o)
Traffic management equipment: rate not to exceed $250 per hour.
(p)
Recovery support vehicle/trailer: rate not to exceed $350 per
hour.
(q)
Any other specialized equipment: rate not to exceed $250 per
hour.
(5)
Labor (Minimum charge of one hour; after the first hour all hourly
billable rates will be charged in half-hour increments).
(a)
Accident clean-up and disposal of debris; rate not to exceed
$75 per hour, plus the cost of absorbent material used.
(b)
Recovery supervisor: rate not to exceed $200 per hour.
(c)
Certified towing operator: rate not to exceed $125 per hour
per operator.
(d)
Manual laborers: rate not to exceed $100 per hour per laborer.
(6)
Storage at a tow operator's storage facility (per calendar day
or any part thereof):
(7)
Additional services:
(a)
More than three trips to the motor vehicle in storage, which
may be invoiced as an administrative fee, which shall be a flat fee
not to exceed $50 for light-duty vehicles, and shall not exceed $200
for medium or heavy-duty vehicles.
(b)
Releasing a motor vehicle from a towing company's storage
facility after normal business hours or on weekends, which shall be
a flat fee not to exceed $75.
(c)
Tarping, which shall be a flat fee not to exceed $75 for a light-duty
vehicle, and a flat fee not to exceed $200 for a medium or heavy-duty
vehicle.
(8)
No person shall be liable to any tow operator who tows or stores
an automobile, including but not limited to any automobile which was
damaged in an accident or recovered after being reported stolen, for
any fees in excess of the following:
(9)
It shall be the responsibility of the tow operators to comply with
all applicable Department of Insurance rules and fee regulations.
(10)
Towers are required to submit monthly, to the Police Department,
a copy of impound reports and invoices for each vehicle towed that
month.
C.
No person shall be liable to any tow operator for any other towing
or storage services for any fees in excess of the licensee's
approved fee schedule. Current fee schedules shall be submitted for
approval on an annual basis at the time of application for license
renewal.
D.
Tow vehicles transporting multiple vehicles at one time may charge
the applicable fee for each vehicle transported.
E.
Any rates charged to a municipality must be limited in accordance
with N.J.S.A. 40:48-2.50.
The Police Department shall promulgate such
rules, regulations and procedures, not inconsistent with this chapter,
as may be reasonable and necessary to carry out the provisions of
this chapter. Copies thereof shall be provided to all licensed tow
operators and shall be made available to the public, along with copies
of current fee schedules, during normal business hours. Failure to
comply with applicable rules, regulations and procedures may be cause
for revocation of a tow operator's license.
The Police Department is hereby designated to
enforce the provisions of this chapter and any applicable rules and
regulations.