[HISTORY: Adopted by the Township Council of the Township
of Logan 12-2-2008 by Ord. No. 28-2008. Amendments noted where applicable.]
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.
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.
ABANDONED VEHICLE
INSIDE BUILDING
MOTOR VEHICLE
(1)
(2)
PERSON
POLICE HOLD VEHICLE
PORTAL TO PORTAL
TOWNSHIP
TOWNSHIP COUNCIL
WRECKER
ZONING OFFICIAL
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
LIGHT-DUTYAny motor vehicle, as defined by N.J.S.A. 39:1-1, with a registered gross vehicle weight of 8,500 pounds or less.
HEAVY-DUTYAny motor vehicle, as defined by N.J.S.A. 39:1-1, with a registered gross vehicle weight of 8,501 pounds or more.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
Distance from place of business to the vehicle and back to
the place of business.
The Township of Logan.
The Township of Logan Mayor and Council members.
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.
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]
[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.
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]
[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.
[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.
A.
When performing services under the Police Tow
List to tow and/or store a motor vehicle , the towing charge and storage
charge(s) shall not exceed those charges as set forth on the Township's
Towing Fee Schedule.
[Amended 12-3-2019 by Ord. No. 13-2019]
B.
The fees for towing, storage and related charges
and costs shall be established and adopted by the Township Council
in January of each year. If the Township Council does not adopt a
new Fee Schedule, then the preceding year's Fee Schedule shall remain
in effect. The current fee schedule will be filed with the Township
Clerk and the Logan Township Police Department.
[Amended 12-3-2019 by Ord. No. 13-2019]
(1)
The
fees set forth on the schedules for towing rates are the maximum charges
that shall apply to a motor vehicle for basic towing services.
(2)
The
towing rates shall be calculated based on the total distance traveled
from the tow vehicle's base of service to the job site and return,
by way of the shortest available route. Fractions shall be rounded
up to the nearest whole mile.
(3)
Tow
vehicles transporting multiple motor vehicles at one time may charge
the applicable fee for each such vehicle transported.
(4)
The
Chief of Police shall post fees in the Police Station so same are
available to the public during normal business hours, along with a
copy of this ordinance and the fee schedules of the licensed towing
operators.
(5)
Payment
to the towing operator from the public shall include cash, credit
cards and personal checks.
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:
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.
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.
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]
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.
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.
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 6:00 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.
[Amended 12-3-2019 by Ord. No. 13-2019]
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.
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]
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.
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).
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.
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.
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.
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.
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.
All prior ordinances or parts of ordinances inconsistent with
this chapter be and the same are hereby repealed to the extent of
such inconsistencies.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.
