Township of Stafford, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford 11-26-1991 by Ord. No. 91-71. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned or junked vehicles — See Ch. 199.
Vehicles and traffic — See Ch. 201.

§ 192-1 Rotating list of towing contractors established.

[Amended 10-6-1998 by Ord. No. 98-66]
There is hereby established a rotating list of towing and storage contractors authorized to provide vehicle towing and storage services as required by the Township of Stafford. The Chief of Police shall be responsible for the administration of the rotating list. In the event none of the contractors listed on the rotating list are available or are unable to provide such services as requested by the Township, the Chief of Police, in his discretion, may request such services from any other available source. Nothing in these rules and regulations shall be construed so as to prevent any owner or operator from selecting his own towing service.

§ 192-2 Services required.

A. 
Basic towing. Basic towing services shall be available and provided on a seven-day-per-week, twenty-four-hour-per-day basis for the entire geographic area of the Township of Stafford. The contractors on the rotating list must be able to respond to any tow scene within 15 minutes of the Township's request, conditions permitting.
[Amended 10-6-1998 by Ord. No. 98-66]
B. 
The contractor shall be responsible for the cleanup of debris in accordance with N.J.S.A. 39:4-56.8, with the exception of fuel oil, chemicals or hazardous waste materials.
C. 
Storage. Storage shall be provided for all vehicles towed until claimed by the vehicle owner or disposed of in accordance with applicable law. The contractor shall provide adequate land area sufficient to store a minimum of 10 vehicles. Each storage area must be enclosed by a security fence. In addition, inside garage area space for at least one vehicle must be available. The location of the storage area must be within 15 minutes of the place of the tow.
[Amended 10-6-1998 by Ord. No. 98-66]
D. 
Recovery services. Recovery services will be furnished when necessary. Recovery services are those services which require the 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 by several actions that may include but not be limited to winching and rigging.
[Added 10-6-1998 by Ord. No. 98-66]

§ 192-3 Police impounds.

Motor vehicles which are stolen, abandoned, involved in a crime, involved in fatal accidents or accidents which in the judgment of the police may become fatal shall be considered police impounds. Police impounds shall be towed to the designated police impound property.

§ 192-4 Equipment requirements.

[Amended 3-17-1992 by Ord. No. 92-11]
A. 
All contractors on the rotating list shall provide and maintain the following minimum equipment:
(1) 
A minimum of one towing vehicle sufficient to tow vehicles over two tons.
(2) 
Communication equipment between vehicles and its dispatchers via two-way radio.
B. 
Tow vehicles shall have the name, address and telephone number of the contractor painted or permanently attached to both sides of the vehicle in compliance with state law.
C. 
All equipment must meet applicable state standards, and the Township reserves the right to make periodic, unannounced inspections of vehicles, equipment, storage areas and personnel.
[Amended 10-6-1998 by Ord. No. 98-66]
D. 
All contractors on the rotating list shall be issued a license sticker for each of its towing vehicles identifying the contractor and the vehicle as an approved Township tower. Said sticker must be prominently displayed on the vehicle at all times.
[Amended 10-6-1998 by Ord. No. 98-66]

§ 192-5 Eligibility for rotating list.

In addition to meeting all other criteria of this chapter and in order to be eligible for placement upon the rotating list of authorized towers, the contractor shall supply a certificate of liability insurance by a company licensed to do business in the State of New Jersey, certifying that the contractor maintains workers compensation and garage liability insurance of not less than $1,000,000 combined single limit, garage keepers' liability of not less than $100,000 per vehicle, said garage keepers' legal liability insurance policy to further provide for fire, theft and explosion. All public liability insurance, including garage liability and garage keepers' legal liability coverage, shall name the Township of Stafford, its officers, agents and employees as additional insureds on the policy, shall hold them harmless, indemnify them from any and all claims filed against the Township arising out of any act or failure to act on behalf of the contractor and shall contain an endorsement providing 30 days' notice to the Township in the event of any material changes of the policy or cancellation thereof. Those contractors meeting the eligibility requirements shall be approved and added to the rotating list by resolution of the Township Council, upon advice of the Chief of Police.

§ 192-6 Maximum rates and charges for passenger vehicles, motorcycles, all-terrain vehicles and mopeds.

[Amended 10-6-1998 by Ord. No. 98-66; 3-20-2001 by Ord. No. 2001-07; 12-16-2008 by Ord. No. 2008-119]
The rates and charges for municipality-required towing and storage services shall be as stated below.
A. 
Maximum basic towing and storage charges shall be as follows:
(1) 
Days: first mile or less: $75; each additional mile: $3.50, based upon a one-way charge.
(2) 
Nights, weekends and New Jersey state holidays: first mile or less: $85; each additional mile: $3.50, based upon a one-way charge.
B. 
Maximum storage fee charges shall be as follows:
(1) 
Inside building: 10 to 20 spaces, $45 per day.
(2) 
Outside building: 10 to 20 spaces, $35 per day.
(3) 
Outside unsecured: 10 to 20 spaces, $9 per day.
C. 
Recovery services. Where it is necessary that certain recovery services be performed in order to preserve the condition of a motor vehicle while moving the damaged vehicle to a towable position, the rate for such services shall be $125 per hour, or any portion thereof.

§ 192-7 Maximum rates and charges for trucks and other vehicles with gross weight of one and one-half tons or more.

[Amended 10-6-1998 by Ord. No. 98-66; 3-20-2001 by Ord. No. 2001-07; 12-16-2008 by Ord. No. 2008-119]
A. 
First mile or less: $125; each additional mile: $4, based upon a one-way charge.
B. 
Maximum storage fee charges shall be as follows:
(1) 
Inside building: 10 to 20 spaces, $75 per day.
(2) 
Outside building: 10 to 20 spaces, $50 per day.
(3) 
Outside unsecured: 10 to 20 spaces, $18 per day.
C. 
Recovery services. Where it is necessary that certain recovery services be performed in order to preserve the condition of a motor vehicle while moving the damaged vehicle to a towable position, the rate for such services shall be $150 per hour, or any portion thereof.

§ 192-8 Towing information to be supplied to Township.

A. 
The contractor shall provide to the Township the following information concerning vehicles and employees:
(1) 
The year, make, model, vehicle identification number, type of vehicle, registration number and proof of insurance.
(2) 
The full name and address of all employees and license numbers. Each listed employee must be a competent to provide minimum road services for disabled vehicles, present a neat appearance at all times, obey all traffic safety laws and regulations, be subject to periodic and unannounced inspections by the Chief of Police of the Township or his designee and shall be approved by the Chief of Police prior to rendering any services pursuant to this chapter.
[Amended 10-6-1998 by Ord. No. 98-66]
(3) 
The addresses where the contractor shall be regularly based, telephone numbers available on a twenty-four-hour-per-day basis and the names of all operators, their addresses and the serial numbers of their New Jersey motor vehicle licenses.
(4) 
Certification of approved emergency warning lights.
B. 
The contractor shall submit to the Stafford Township Police Department the following information on vehicles unclaimed over 15 days:
(1) 
The year, make, model, color and vehicle identification number.
(2) 
The owner's name and addresses.
(3) 
A copy of a certified letter advising the owner of the vehicle's location and circumstances surrounding the same.
(4) 
A photograph of the vehicle.
(5) 
The mileage of the vehicle.
C. 
The contractor shall provide the Township with records of all towed vehicles, storage and towing charges upon request.

§ 192-9 Miscellaneous rates and charges.

A. 
The hours of 8:00 a.m. until 4:30 p.m. shall apply to the day rate on Monday through Friday, except New Jersey state holidays. The night, weekend and holiday rate shall otherwise apply.
B. 
The Township of Stafford shall assess an administrative fee of $20 per vehicle to recover costs of administering the towing and storage services for all vehicles coming under the purview of police impound. Such assessment shall be placed on each vehicle processed, plus an additional fee to include storage rates consistent with § 192-6B of this chapter.
[Amended 10-6-1998 by Ord. No. 98-66]
C. 
Under no circumstances shall the rates and fees charged by the contract exceed the amounts prescribed in §§ 192-6 and 192-7 of this chapter.
[Amended 10-6-1998 by Ord. No. 98-66]
D. 
The contractor shall charge the motor vehicle owner/operator or insurance company directly for all services provided.
E. 
The contractor may charge an hourly rate for standby time incurred for winching, uprighting, excessive cleanup, waiting at the towing scene and other circumstances which fall outside the scope of services classified as normal in §§ 192-6 and 192-7 at the prevailing/established rate, which rate shall not exceed $75 per hour. The contractor must verify all standby charges for waiting at the scene by direct contact with the police communications center. The police shall, if appropriate, provide subsequent verification documentation. No standby charge for waiting at the scene shall be charged without such verification.
[Amended 11-14-1995 by Ord. No. 95-100; 3-20-2001 by Ord. No. 2001-07; 12-16-2008 by Ord. No. 2008-119]
F. 
The contractor may assess an administrative fee for each towed vehicle. The administrative fee shall only include items verified by a receipt which is attached to the towing receipt. The total assessed administrative fee shall not exceed $20.
[Added 3-20-2001 by Ord. No. 2001-07; amended 12-16-2008 by Ord. No. 2008-119]
G. 
The contractor may assess an additional fee of $75 per hour for each additional personnel required to process the vehicle.
[Added 12-16-2008 by Ord. No. 2008-119]

§ 192-10 Application process.

[Added 10-6-1998 by Ord. No. 98-66]
A. 
Applications for inclusion on the rotating list shall contain all of the following information:
(1) 
The name, residence, business address and telephone number of the owner of the towing company. If the owner is a corporation, the application shall contain the name, residence and business address and telephone number of every stockholder owning more than 10% of the issued stock.
(2) 
Such information as may be required by the Township Council concerning the personnel, vehicles, equipment, and storage facilities of such applicant as herein provided, showing that the applicant meets the minimum standards of performance.
(3) 
A certificate or certificates of insurance evidencing adequate insurance coverage as herein provided.
(4) 
An annual fee of $100, plus an additional fee of $20 for each background check conducted by the Township on each employee. Background checks will be completed one time for each employee. These background checks are necessary and will be done in the interests of public safety.
(5) 
Each towing applicant and its personnel must execute and sign a New Jersey State Police request for criminal history check for a noncriminal justice purpose (form 212A).
(6) 
Each towing applicant and its personnel must obtain and furnish to the Township a copy of their own individual N.J. DMV driver abstract.
(7) 
The names and addresses of at least two business references who have known the applicant for at least two years and can attest to the applicant's experience and performance in the towing, wrecking, and storage business.
B. 
The application shall be forwarded to the Chief of Police for his review and approval. The review by the Chief of Police shall consist of the following:
(1) 
A background check to determine if either the applicant or the applicant's personnel have been convicted of a criminal offense or have had their driver's license suspended or revoked within the past year. Conviction of a criminal offense or suspension of driver's license within the past year, shall be cause for disqualification from inclusion on the rotating list.
(2) 
Inspection of the personnel, 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 and regulations and the standards of performance required by this chapter.
C. 
Those contractors meeting the eligibility requirements provided herein shall be approved and added to the rotating list as set forth in § 192-5.
D. 
Those contractors meeting the eligibility requirements provided herein will be issued picture identification cards. All contractors and personnel must carry and present said identification when responding to any towing scene in the Township of Stafford.

§ 192-11 Issuance of license.

[Added 10-6-1998 by Ord. No. 98-66]
A. 
Upon approval of the application as herein provided, a license shall be issued as set forth in § 192-4D.
B. 
Said license shall be nontransferable, and no contractor on the rotating list shall subcontract any work to be performed pursuant to this chapter.
C. 
The licensed contractor shall notify the Chief of Police upon the hiring or terminating of personnel.
D. 
Said license shall be subject to revocation by the Township Council for any of the following reasons:
(1) 
If it is subsequently determined that the applicant knowingly and with intent to deceive made false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this chapter.
(2) 
Violation of any federal or state law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provisions of towing services.
(3) 
Unsatisfactory service, including unsatisfactory equipment, storage facilities, vehicles or personnel.

§ 192-12 License revocation.

[Added 10-6-1998 by Ord. No. 98-66]
In the event an issue arises that a contractor's license may be revoked, said revocation process shall be handled in accordance with Chapter 134 of the Township Code.