Township of Logan, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Logan 12-2-2008 by Ord. No. 28-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Fire lanes — See Ch. 94.
Parking areas — See Ch. 120.
Streets and sidewalks — See Ch. 135.
Abandoned vehicles — See Ch. 150.
Vehicles and traffic — See Ch. 152.

§ 146A-1 Purpose and intent.

The purpose and intent of this chapter is to provide criteria and standard operating procedures that are reasonably nonexclusionary and nondiscriminatory in the selection and use of towing operators, on a rotational basis, for providing towing, road services and the storage of vehicles, including but not limited to the towing of vehicles that are abandoned, disabled, illegally parked or stolen, vehicles involved in accidents and/or those vehicles suspected or identified by the Township as being involved in criminal activities.

§ 146A-2 Definitions.

A. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent 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.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
Any vehicle that is abandoned on or along any highway, other than a limited access highway, or other public property or on any private property without the consent of the owner or other person in charge of the property. A vehicle which has remained on or along any highway or other public property or on any private property without such consent for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle.
INSIDE BUILDING
A vehicle storage facility that is completely indoors, having one or more openings in the walls, for storage and removal of vehicles and that is secured by a locking device on each opening.
(1) 
Any motor vehicle, as defined by N.J.S.A. 39:1-1, with a registered gross vehicle weight of 8,500 pounds or less.
(2) 
Any motor vehicle, as defined by N.J.S.A. 39:1-1, with a registered gross vehicle weight of 8,501 pounds or more.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
POLICE HOLD VEHICLE
Motor vehicles which are alleged to have been involved in illegal activity, involved in a fatal motor vehicle collision, or any vehicles designated by the Logan Township Police Department.
PORTAL TO PORTAL
Distance from place of business to the vehicle and back to the place of business.
TOWNSHIP
The Township of Logan.
TOWNSHIP COUNCIL
The Township of Logan Mayor and Council members.
WRECKER
A person, persons, firm, partnership, association, corporation, company or any other recognized legal entity principally engaged in the business of providing and performing the services of a vehicle wrecker or towing service, whereby motor vehicles are towed or otherwise removed from a particular location and transported to the wrecker's legally approved yard or area designated in the wrecker's licensing application by the Logan Township Police Department. For the purposes of this chapter, all wreckers shall be required to adhere to all of the criteria set forth pursuant to this chapter and all the requirements established for wreckers as set forth under New Jersey law. Pursuant to this chapter, there shall be defined wreckers or towers who shall be all providers herein who have the legally recognized ability to tow or transport motor vehicles within the legal capacity of the wrecker or tower.
ZONING OFFICIAL
An individual who is duly appointed by the Township who is responsible for enforcing the Zoning codes in the Township of Logan.
[Amended 9-17-2013 by Ord. No. 4-2013]

§ 146A-3 List of wreckers established.

[Amended 11-9-2010 by Ord. No. 15-2010; 9-17-2013 by Ord. No. 4-2013]
A. 
The Township Council of the Township of Logan, at the first meeting in January 2014 and every two years thereafter, shall establish a certified list of wreckers to be called by the Police Department when required. All completed applications and information required shall be forwarded to the Police Department no later than December 1 of the prior year. The wreckers so listed shall be called on a rotational basis established by the Police Department.
B. 
Every applicant seeking to be placed on the Logan Township List of Wreckers shall complete, sign and verify a written application on forms furnished by the Township Clerk. The application shall include the following information and documentation:
(1) 
Name, business address, residential address and telephone numbers (residence and business) of the towing operator and principal owners thereof.
(2) 
Locations of outside secured storage areas for tow trucks, towed vehicles, and all other vehicles used in the towing operator's business.
(3) 
The application shall be accompanied by the following supporting documentation:
(a) 
Zoning certification (issued by the Municipal Zoning Officer/Construction Official) and Bureau of Fire certification (issued by the Fire Official) from the municipality where the tow facility is located.
(b) 
Deed of ownership or lease agreement for the tow facility.
(c) 
A site plan showing the location of the storage location, the number of cars that can be stored, the total square footage area of the storage location and outlying bounds of the inside building and/or fencing.
(d) 
Roster of tow trucks and other vehicles registered (registration number and serial number).
(e) 
The name, address and driver's license number of each driver or operator of the tow vehicle(s).
(f) 
Certificates of garage liability insurance, automobile liability insurance, garagekeepers' insurance, excess umbrella insurance and workers' compensation insurance.
(g) 
Business registration certificate issued by the State of New Jersey.
(h) 
Federal tax identification number.
C. 
The applicant shall submit completed duplicate applications, upon forms provided by Logan Township, to the Chief of Police for his approval. The review of the Chief of Police shall consist of the following:
(1) 
A criminal background history 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 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 cause for disqualification from inclusion on the official towers list.
(2) 
An inspection of 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 applicable laws and regulations and the standards of performance required by this chapter.
(3) 
Every tow operator on the Township of Logan tow list shall be responsible for all fees and costs involved to perform criminal and driver's license background checks for each of their employees pursuant to § 146A-3C of this chapter.
(4) 
Every tow operator shall be responsible for submitting the information required in § 146A-3C(1) for all personnel hired after the submission of the initial application and within 14 days after being hired. Logan Township does not obtain criminal background history checks. The applicant may obtain a criminal history record via a service provided by the New Jersey State Police at www.bioapplicant.com/nj. Failure to provide said information within the time required may subject the tow operator to removal or suspension from the official towers list pursuant to § 146A-19 and fines pursuant to § 146A-20.
D. 
No more than one roster slot on the Logan Township certified list of wreckers shall be granted to any applicant. No certified wrecker shall have interest, direct or indirect, in any other certified wrecker on Logan Township's certified list of wreckers.
E. 
The towing and storage facility must be established at its current location for a minimum of three years.

§ 146A-4 Insurance required.

A. 
Required policies.
(1) 
No wrecker shall be placed on the list until it has provided to the Chief of Police a copy of the following insurance policies:
[Amended 9-17-2013 by Ord. No. 4-2013]
(a) 
A garagekeeper's legal liability policy covering fire, theft and explosion in an amount not less than $250,000.
(b) 
A garage liability policy covering the operation of the applicant's business, equipment or vehicles for any bodily injury or property damage, including cargo coverage, in an amount not less than $250,000.
(2) 
The wrecker must maintain minimum general vehicle liability limits in the sum of $1,000,000 and name the Township of Logan as an additional insured on the certificate of insurance.
[Amended 9-17-2013 by Ord. No. 4-2013]
(3) 
The policies required in this section shall be subject to review by the TRICOJIF or insurance carrier for the Township of Logan and may be subject to change without the necessity of modifying this chapter.
B. 
Notice of change or cancellation. Each policy required herein must contain an endorsement providing for 30 days' notice to the Township in the event of any material change or cancellation.
[Amended 9-17-2013 by Ord. No. 4-2013]
C. 
The wrecker shall indemnify, defend and hold harmless the Township for any and all claims against the Township arising out of the operation of the wrecker, its servants, agents or employees under this chapter. The wrecker shall provide a written indemnification and hold-harmless agreement, duly executed, to the Township in a form to be approved by the Township Solicitor prior to being placed on the towing schedule.
D. 
The wrecker shall provide a certificate of insurance, with the identity of the insurance company and the policy number, showing limits of coverage, along with the designation that the Township of Logan is named as an additional insured.
E. 
The insurance company must be licensed by the State of New Jersey, Department of Banking and Insurance.
[Added 9-17-2013 by Ord. No. 4-2013]

§ 146A-5 Payment of real estate taxes.

[Amended 9-17-2013 by Ord. No. 4-2013]
All persons, wreckers, individuals, corporations, partnerships, associates, companies or other legal entities located in Logan Township located who qualify to operate a tow truck or wrecker pursuant to the terms and conditions of this entire chapter shall be required to satisfy all real estate taxes on all properties owned or leased which are utilized as part of the tow or wrecker business, or any related business, prior to the list being established and approved by the Township Council pursuant to § 146A of this chapter.

§ 146A-6 Promulgation of regulations.

[Amended 9-17-2013 by Ord. No. 4-2013]
The Chief of Police, or his/her designee, shall adopt and enforce reasonable rules and regulations for wreckers as are necessary in order to protect the health, safety and welfare of the public. This shall include but not be limited to all safety standards that are to be utilized by said wreckers. The Township of Logan, through its designee herein, reserves the right to inspect all vehicles utilized by the wreckers and their facilities required under this chapter.

§ 146A-7 Maximum tow charges; additional requirements.

A. 
Any wrecker called to tow a vehicle at the request of the Police Department of the Township of Logan shall charge no more than the following maximum tow charges. These charges will be all-inclusive.
(1) 
Towing.
(a) 
Weekdays.
[1] 
First mile or less.
[a] 
Light-duty: $95.
[b] 
Heavy-duty: $450.
[c] 
Motorcycle: $125.
[2] 
Each additional mile: $3, portal to portal.
(b) 
Nights, weekends and New Jersey State holidays.
[1] 
First mile or less.
[a] 
Light-duty: $110.
[b] 
Heavy-duty: $475.
[2] 
Each additional mile: $3.50, portal to portal.
(2) 
Storage.
(a) 
Inside.
[1] 
Per vehicle/per day: $50, light trucks and cars 8,500 pounds or less.
[2] 
Per vehicle/per day: $90, vehicles over 8,501 pounds.
(b) 
Outside secured.
[1] 
Per vehicle/per day: $35, light trucks and cars 8,500 pounds or less.
[2] 
Per vehicle/per day: $60, vehicles over 8,501 pounds.
(3) 
Additional fees.
(a) 
Oil dry: $15 per bag or any part of a bag.
(b) 
Heavy-duty labor: $65 per man hour.
(c) 
Heavy-duty support vehicle: $125 per man hour.
(d) 
Administration fee: $35.
(e) 
Debris cleanup: $40 per hour will apply in increments of 15 minutes.
(f) 
Additional charges may apply as approved by the Chief of Police or his/her designee.
(g) 
Removal of mechanically attached (bolted or similarly fastened) personal property: minimum charge of one hour and up to a maximum charge of two hours of the tower's regularly posted hourly rate.
B. 
If the owner of an unattended vehicle appears on the scene and the vehicle does not need to be towed or impounded, the wrecker shall not charge for the service call, unless the vehicle has been hooked up to the tow truck, in which event 50% of the authorized towing charge may be assessed against the owner or driver of the vehicle.
C. 
There shall be no charge for towing, storage or impoundment if it is determined by the Chief of Police that such vehicles have been towed, stored or impounded due to an error by the wrecker or the Police. This determination shall be made in the sole discretion of the Chief of Police and is binding upon the wrecker, who shall make no claims against the Township or the owner of the vehicle, and if payment has already been received, the payor shall be reimbursed.
D. 
It shall be the duty of all wreckers and towing services to maintain a listing of the rates shown herein.
E. 
Every owner and operator of a wrecker shall maintain a written schedule of all rates and charges and shall make such schedule available to any person requesting same at any time.
F. 
Every wrecker shall plainly and conspicuously post, in an area within the premises where customers are likely to be present, a schedule of maximum fees and towing charges permitted by this chapter of the Township of Logan Code.
G. 
Every operator or owner of a wrecker shall give the owner of the vehicle a detailed written receipt for the services provided and the fee paid.
H. 
Every operator or owner of a wrecker shall comply with any request of the owner of a towed vehicle, including but not limited to the towing of the vehicle to another location within the Township of Logan designated by the driver, owner or police officer and the payment of fees, provided that the request does not conflict with any order or investigation from any member of the Police Department acting in his/her official capacity.
I. 
Removal of personal property.
[Amended 9-17-2013 by Ord. No. 4-2013]
(1) 
The owner of said vehicle which has been towed pursuant to this section shall be permitted by the wrecker, subject to prior written approval by the Logan Township Police Department, to recover items of personal property in the vehicle at the time it was towed. However, said owner shall not be permitted to remove from the vehicle any integral part of the vehicle, whether attached to the vehicle or not, including but not limited to batteries, tires and license plates. The tower shall immediately and unconditionally release any and all property from vehicles impounded as a result of a tow dispatched by Logan Township, whether or not said property is mechanically attached to the vehicle, upon written request and at the sole discretion of the Logan Township Chief of Police or his/her designee. Failure to comply with this requirement may result in suspension from the towers list. The suspension from the list shall be progressive and consist of the following:
(a) 
First offense: suspended one towing rotation.
(b) 
Second offense: suspended two towing rotations.
(c) 
Third offense: suspension of three towing rotations.
J. 
If, in the discretion of the tower, the removal of said property requires the tower's assistance to remove mechanically attached items, said tower shall be permitted to charge the owner (or responsible party) of the vehicle a minimum charge of one hour and up to a maximum of two hours of its regular hourly rate.
K. 
No charge shall be made to the owner of a vehicle for any service or work required to be performed to the vehicle in order to either tow or flatbed said vehicle unless expressly agreed upon by the owner of said vehicle.

§ 146A-8 Winching and dolly service charges.

A. 
A wrecker shall be entitled to an additional charge of $15 for towing any motor vehicle when the assistance of a towing dolly shall be required.
B. 
The wrecker shall be entitled to an additional charge for winching motor vehicles and/or the use of rigging equipment. The fee for winching a motor vehicle shall be set at $90 per hour. A minimum of one hour will be assessed for each tow. All time for services rendered beyond the initial one hour will be assessed a fee of $50 per 1/2 hour, regardless of time spent.

§ 146A-9 Record of towed vehicles.

Every wrecker called by the Division of Police shall keep a record of all details of each vehicle towed, together will full information concerning the details surrounding the hire and the name and address of the owner of the towed vehicle and of the person engaging him. To the extent possible, prior to towing the vehicle to his business establishment where the vehicle is left in the safekeeping of the owner of the wrecker, the owner of the wrecker shall search the vehicle in the presence of a member of the Police Department and make a detailed inventory of all property contained in the vehicle. The inventory so made shall be signed by the owner of the wrecker, or his designee, and the member of the Police Department who was present at the making of the inventory. The owner of the wrecker shall keep the original inventory, and a copy of the same shall be given to the Chief of Police. The inventory shall also indicate the date of towing and the name and address of the owner of the car. The record book herein described shall be kept open for inspection at all times by the Chief of Police or any duly authorized representative of the Chief. If any member of the Police Department desires entry into the vehicle towed after inventory is made, he must sign a written statement releasing the owner of the wrecker, or other person in custody of the towed vehicle, for any damage or loss to the towed vehicle or contents.

§ 146A-10 Requirements for wreckers.

The list shall be approved by the Township Council and issued by the Chief of Police or his/her designee. No wrecker shall be called until the Chief of Police or his/her designee has ascertained that the following requirements have been met:
A. 
A photocopy of the current insurance policy or policies shall be supplied to the Chief of Police prior to November 1 of each calendar year from each wrecker business on call. Said requirement shall be a condition precedent to qualify for the towing list of the Township of Logan.
B. 
The vehicles to be used for towing have been properly licensed and inspected as required by the State of New Jersey and have the necessary stickers affixed. No vehicle shall be licensed as a wrecker which is using dealer license plates or which has failed inspection. The wrecker shall be required to be available for 24/7 service and storage during its designated period.
C. 
The wrecker is equipped with sufficient equipment, including but not limited to a push broom, shovel, fire extinguisher, jumper cables or jump box, tire-changing equipment and/or portable air tank, pry bar and hammer, absorbent and disposal container and approved safety vest for employees operating along the highway. The wrecker shall be responsible for cleaning up the debris and broken glass on the highway.
D. 
The minimum number of required tow vehicles owned or leased by the authorized towing facility shall be two flatbed tow vehicles maintaining a GVWR of at least 8,500 pounds and one heavy-duty wrecker maintaining a GVWR of at least 26,001 pounds.
[Amended 9-17-2013 by Ord. No. 4-2013]
E. 
A five-sixteenths-inch Grade 70 safety chain. The lift chain and the safety chain are to be attached in such a manner that if one chain breaks while a vehicle is being towed, the other chain would support the towed vehicle. Chains and safety chains shall conform to the latest requirements of N.J.S.A. 39:4-54 and all other applicable state laws.
F. 
Wreckers must be equipped with at least one amber light on the top of the wrecker and at least two flashing-type amber and/or red lights facing to the rear of the wrecker. These lights must be maintained in good working condition and must be used or turned on at the scene of the towing request if on any roadway or if conditions warrant the use and must be left on while the wrecker is towing any vehicles on any roadway or highway unless the vehicles are towed or removed with the use of a flatbed wrecker. Permits for said lights must be obtained from the Division of Motor Vehicles.
G. 
Fluid spills. Spills resulting from motor vehicle crashes that are less than five gallons in volume or covering an area less than 10 feet by 10 feet will be mitigated by the tow agency. The tow agency shall be responsible for the proper disposal of any materials used in the cleanup of the vehicle fluids. The tower shall be responsible to notify the Logan Township Police Department of any fluid spills.
H. 
Full names and addresses and contact person for said entity. If a corporation or partnership, the names and addresses of officers, directors thereof and registered office and agent. The data provided herein shall be considered the verified legal contact information for notice purposes under this chapter.
I. 
The applicant shall provide the year, make, model, serial number, titled owner and updated photos of each tow vehicle owned or leased by the applicant and to be utilized in responding to calls.
[Amended 9-17-2013 by Ord. No. 4-2013]
J. 
The location to which applicant will tow, transport, convey or remove the same for storage.
K. 
The applicant shall attach a diagram of the tower's property showing the secured area (inside and outside secured) intended for storage and protection of removed vehicles. The location utilized for storage shall only be permitted in the proper zone, or unless a use variance has been obtained therefor, and any and all Planning and/or Zoning Board approvals and/or permits have been obtained therefor.
L. 
Wreckers on the list who are unable to perform their duties herein are only permitted to request the assistance of a wrecker on said list with the expressed written consent of the Township Council. In an emergency situation, the substitution of a tower on said list may only occur with the permission of the Chief of Police or a designee. In extraordinary circumstances where all wreckers on said list are unavailable or incapable of assisting the wrecker on rotation, the substitution of a tower not on the certified list may only occur with the permission of the Chief of Police or a designee. The substitution of any wrecker on this list may only be on a temporary basis and may not be considered as permission to assign, sell or transfer its rotation on said list.
M. 
All tow vehicles shall be registered at the same address as the applicant’s tow facility address.
[Added 9-17-2013 by Ord. No. 4-2013]

§ 146A-11 Right of owner to call wrecker.

The owner of any automobile shall have the right to call any wrecker he so desires, provided that, in the opinion of the police officer in charge, traffic on the roadway will not be impaired for an unreasonable length of time and there is no safety risk to the motoring public.

§ 146A-12 Rotation of calls.

A. 
The Police Department shall at all times have the right to call more than one wrecker from the prepared list, and in the correct rotation order, where there is more than one vehicle impairing traffic.
B. 
The next name on the list of wreckers shall be called even if another wrecker who is on the list is closer to a vehicle. If the wrecker cannot or does not comply within the required time limit, the police may call the next tower/wrecker on the towing list.
C. 
If, for any reason, after not having made arrangements with the Police Department for a substitute tower authorized to act under the provisions of this chapter, the tower for that week fails to answer a call for a tow, said tower shall forfeit the remainder of his towing week's schedule.
D. 
There shall be a maximum of three towers on the list of wreckers provided by § 146A-3 of this chapter. In the event that there shall be three wreckers on the current list, the Chief of Police shall maintain a waiting list of qualified wreckers wishing to be on the list of wreckers to be called by the Police Department. Said waiting list shall be maintained in an order of priority of the date of a written request received by the Chief of Police for such purpose. Each wrecker on said list shall only be permitted to obtain assistance or temporarily transfer its duties or responsibilities if the tower for that particular week fails to answer a call for a tow or needs additional assistance.
E. 
No wrecker on said list shall be permitted to lease, assign, transfer or subcontract its duties, responsibilities or rotation on said list to another wrecker.
F. 
In times of emergencies and/or natural disasters, the Township of Logan reserves the right to contact other towing service operators who may not be on the certified list.

§ 146A-13 Performance standards.

Certified wreckers selected to serve on a rotational basis shall:
A. 
When on call, provide towing on a twenty-four-hour, seven-day-a-week basis, including holidays.
B. 
Dispatch tow truck(s), as circumstances warrant, to provide towing services anywhere in the Township, when requested by the police and/or the Zoning Official, in such a manner that the tow truck arrives at the scene within a maximum response time of 20 minutes (posted speed limits observed), except when extraordinary circumstances occur. Unless heavy or unusual traffic conditions within the Township prevent a wrecker from arriving at the scene within 20 minutes, failure to respond within that time frame shall be considered a breach of this chapter. In the event that a wrecker fails to respond within 20 minutes from the time of the call, the police reserve the right to contact the next available wrecker on the rotational list.
[Amended 9-17-2013 by Ord. No. 4-2013]
C. 
Maintain and operate all tow trucks in accordance with all existing traffic regulations and in a safe and prudent manner.
D. 
Not stop at any accident scene unless directed by the Police, except to notify police of an unattended accident and advise accident victims that the police have contacted the wrecker on rotation; and not solicit or attempt to divert patrons of another towing operator, whether or not licensed under this chapter, or solicit prospective patrons of a given repair service to any other repair service.
E. 
Not respond to the scene of an accident except upon notification by the Police.
F. 
Not tow vehicles without proper authorization from the police at the scene or the owner or driver at the scene. Upon such authorization, and if not accompanied by the owner or driver of the towed vehicle, the certified wrecker shall disclose, in writing, the location of the storage facility.
G. 
Not release any vehicle impounded or confiscated without proper authorization from the police.
H. 
Cooperate with other towing operators in case of emergency services at the scene of accidents and/or disasters.
I. 
Comply with police instructions at the scene, even if it means countermanding towing requests by other drivers of disabled vehicles.
J. 
Prior to departure from the accident scene, clean and clear streets of debris resulting from any accident and, toward that end, carry the necessary equipment to perform such cleaning services.
K. 
Immediately notify the police in the event that the wrecker is not operational due to mechanical failure, personnel deficiency or other incapacitating cause.
L. 
Post hours of operation on storage facilities so that the public may be informed as to when the facilities are open for the recovery of motor vehicles.
M. 
Not employ any Logan Township employee or allow any Logan Township employee to have a financial interest, direct or indirect, in the wrecker's business.
N. 
The wrecker shall staff its facility during normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, and include twenty-four-hour telephone service, seven days per week, during the week in which the licensed facility is on call.
O. 
All drivers of wreckers shall possess at all times a valid New Jersey driver's license and a commercial driver's license, where applicable, which shall be subject to inspection by the Chief of Police. Said operator shall obey all traffic laws and shall comply with all statutes and regulations of the State of New Jersey and the Township of Logan.

§ 146A-14 Storage facilities.

A. 
Every tow operator on the Township of Logan tow list shall maintain an inside building and outside secured storage area meeting the following requirements:
(1) 
The outside secured storage area shall be capable of holding not less than 10 passenger vehicles and one tractor and trailer. The storage area shall not have less than 800 square feet of inside storage facilities to hold and protect "police hold" vehicles.
[Amended 9-17-2013 by Ord. No. 4-2013]
(2) 
The location of the tow facility shall be located no more than a six-mile radius outside of the Township municipal boundary so as to facilitate reasonable towing distances and to accommodate the owners or operators of the towed vehicles and/or law enforcement agencies.
[Amended 9-17-2013 by Ord. No. 4-2013]
(3) 
Outside storage areas shall be fully enclosed by a fence of sufficient security to prevent trespassing, having a height of eight feet with at least one lockable gate for ingress and egress, and shall be lighted from dusk until dawn. (If the facility includes more than one access point, then all access points must be secured with the appropriate gate and lock.) Fences that existed prior to the adoption of this chapter shall be permitted; however, if such fence(s) are replaced, the new fence shall be eight feet in height.
(4) 
The storage facility shall be available to the Township of Logan Police Department 24 hours a day, 365 days per year, and shall be open to the public on weekdays during normal business hours (8:00 a.m. to 5:00 p.m.) and for limited but reasonable hours on Saturday (9:00 a.m. to 12:00 p.m.). The storage facility shall release a stored vehicle to the owner thereof on such date as shall have been requested by said owner during normal business hours, after receiving the tow release from the Logan Township Police Department; storage charges may accrue beyond the requested date of release if the vehicle is not obtained by the owner on the date of release.
[Amended 9-17-2013 by Ord. No. 4-2013]
(5) 
The storage facility shall have an employee on duty during all hours in which the facility is open to the public.
[Amended 9-17-2013 by Ord. No. 4-2013]
(6) 
No vehicle shall be stored or placed outside of the storage area.
[Added 9-17-2013 by Ord. No. 4-2013]
B. 
Ownership of storage area; zoning.
(1) 
The applicant shall, with its application, submit proof of ownership or lease of the tow facility, as follows:
[Amended 9-17-2013 by Ord. No. 4-2013]
(a) 
If the applicant is the owner in fee of the required tow facility, he is to submit with his application a certified copy of his deed for the land, together with a survey of the land.
(b) 
If the applicant has a lease for the required tow facility, he is to submit with his application a copy of the lease, containing a legal description, together with a copy of the survey of the land. The lease must extend to at least six months after the termination of the certified list term.
(2) 
The survey(s) hereinabove required shall have set forth thereon a certification by the surveyor as to the square footage within the storage area as surveyed.
(3) 
The vehicle storage area must be located on land zoned for such use or have obtained a variance from the appropriate land use board from the municipality where the tow facility is located. The applicant must have current and properly issued permits, if required, for the operation and continuation of the storage yard at the time of submitting an application and shall maintain such permits and licenses throughout the term provided for herein.
[Amended 9-17-2013 by Ord. No. 4-2013]

§ 146A-15 Complaints procedure.

A. 
In the event a complaint is received by the Township involving improper or unsatisfactory performance of services by an official wrecker, excessive charges or damage to motor vehicles while in the custody of the tower, written notice of same shall be provided by the Township Clerk to the official wrecker involved. The wrecker shall have the opportunity to respond, in writing, within five days.
B. 
Within 14 days of receipt of the wrecker's response or within 21 days receipt of the complaint if no response is received, the matter will be presented by the Township Clerk to Mayor and Council.
C. 
The Mayor and Council shall consider the matter at a regular public meeting and may request that the complainant and wrecker involved appear and give testimony regarding the complaint.
D. 
A license may be revoked and the tower taken off the official tower's list for any one or more of the following reasons:
(1) 
If it is subsequently determined that the applicant knowingly and with the 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) 
Conviction of a crime or disorderly person's offense involving moral turpitude, defined as conduct that is considered contrary to community standards of justice, honesty and good morals.
(3) 
Violation of any federal or state law or municipal chapter or regulation relating to the operation of a motor vehicle or the provision of towing services.
(4) 
Violation of any rule or regulation promulgated by the New Jersey Department of Insurance.
(5) 
Unsatisfactory service provided pursuant to this chapter.
(6) 
Failure to comply with the terms of this chapter.
(7) 
Failure to comply with all environmental regulations.

§ 146A-16 Wreckers considered independent contractors.

The wrecker and his personnel and equipment utilized in accordance with this chapter shall be and remain the employees and property of the wrecker under its direct supervision, management and control. The wrecker shall not represent that its property or employees are owned or employed by the Township. The wrecker at all times shall represent that it is an independent contractor and not an agent, employee or representative of the Township. All individuals, partnerships, companies, corporations or legal entities who are approved for the list under this chapter shall not be permitted to subcontract, lease, sell, franchise, loan or transfer their services to another wrecker on or off the approved list. If in the event any approved wrecker on said list fails to actively operate its business for more than one rotation on the list, the wrecker shall be subject to immediate removal from the list(s).

§ 146A-17 Unclaimed motor vehicles held by wrecker.

A. 
In the event that motor vehicles, which are towed and stored by the wrecker, are abandoned or unclaimed by the owners thereof, the wrecker shall make no claim against the Township, its agents or employees. Only those vehicles towed from private property or public rights-of-way under authorization of either the Code Enforcement Official or the Police Department, not including vehicles involved in a motor vehicle collision, shall be disposed of by the Township pursuant to N.J.S.A. 39:10A-1.
B. 
It shall be the responsibility of the wrecker to notify the registered owner, or any other person having a legal interest therein, within 10 days of having towed said vehicle or rendered any other service thereto, of the location of the vehicle, the service rendered by the wrecker, the charge for such service and the time within which the motor vehicle must be collected, said period for collection not to exceed 10 days.
C. 
Upon the expiration of 60 days after the time to collect the motor vehicle as set forth in Subsection B has expired, the wrecker shall either sell the vehicle at a private sale or cause a junk title certificate to be issued for the motor vehicle in accordance with the laws of the State of New Jersey, specifically N.J.S.A. 39:10A-9 et seq., a copy of said title to be kept by the applicant.
D. 
Any notification required in this chapter shall be in writing, sent by certified or registered mail, return receipt requested, to the last known address of the person to whom the notice is to be given.
E. 
Upon request by the wrecker, the Logan Township Police Department shall perform all searches with the Division of Motor Vehicles to determine ownership and the last known address of the title owner to the vehicle in question.
F. 
At any time prior to the sale of the motor vehicle or the issuance of a junk title certificate therefor, the owner of the motor vehicle may reclaim possession of the motor vehicle from the wrecker upon payment of the towing services as set forth herein and the expense of storage of the motor vehicle.
G. 
Upon the expiration of the time periods provided in this section, the wrecker shall be subject to a fine in the amount of $25 per day per car, said fine not to exceed $100 per day, unless the wrecker has initiated application for a junk title or sold said vehicle and has submitted proof of the same to the Chief of Police of Logan Township.

§ 146A-18 Removal of abandoned motor vehicles from public or private property.

A. 
Whenever any motor vehicle has been abandoned on or along any highway or other public property, the Chief of Police, or the designee, shall have the right to call the wrecker then on duty in accordance with the provisions of this chapter to remove said abandoned motor vehicle in accordance with the provisions of N.J.S.A. 39:4-56.5 and N.J.S.A. 40:48-2.49.
B. 
A wrecker shall not tow motor vehicles located on private property unless authorized to do so by the owner of the vehicle, the Chief of Police, or his/her designee, or the Zoning Officer. This chapter, however, does not preclude a towing operator licensed pursuant to N.J.S.A. 56:13-10[1] from towing motor vehicles located on private property pursuant to and in accordance with N.J.S.A 56:13-13.
[1]
Editor's Note: N.J.S.A. 56:13-10 was repealed by L. 2009, c. 39, § 15, effective 4-15-2009.
C. 
Any motor vehicle which has remained on or along any highway or other public property or on private property without consent for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle.
D. 
When the municipality has taken possession of a motor vehicle found abandoned, the Chief of Police, or his/her designee, shall comply with the reporting, notice, documentation and sale provisions provided by N.J.S.A. 39:10A-1 within 90 business days after the municipality took possession of the motor vehicle, unless the Division of Local Government Services should waive the ninety-day limit for good cause shown.

§ 146A-19 Removal or suspension from lists.

Upon a determination that there is an immediate health, safety and welfare issue for a violation of any section of this chapter, the Chief of Police, or his designee, may immediately suspend a wrecker from the list without prior notice until the next Council meeting and a public hearing. The Township Clerk shall then schedule a hearing before Township Council. After the hearing, Township Council may then remove the wrecker from the list for noncompliance or a violation of this chapter.

§ 146A-20 Violations and penalties.

A. 
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $2,000, up to 90 days in jail and up to 90 days community service, or any combination of the above. Each violation of any of the provisions of this chapter and each the same is violated shall be deemed and taken to be a separate and distinct offense.
B. 
In addition to the fine provided above, a violation of any of the provisions of this chapter shall be cause for revocation of the official tower's license.

§ 146A-21 Severability.

Should any section, clause, sentence, phrase or provision of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this chapter.

§ 146A-22 Repealer.

All prior ordinances or parts of ordinances inconsistent with this chapter be and the same are hereby repealed to the extent of such inconsistencies.

§ 146A-23 When effective.

This chapter shall take effect immediately upon final passage and publication in accordance with law.