[HISTORY: Adopted by the Common Council of the City of Linwood 8-14-2013 by Ord. No.
13-2013. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Towing
Ordinance of the City of Linwood."
As used in this chapter, the following terms shall have the
meanings indicated:
Automobiles, trucks or any other motor vehicles that are left unattended for a period of time which would represent a violation of Chapter 269, Vehicles, Unlicensed, of the City of Linwood and New Jersey state statutes.
The City of Linwood.
An enclosed area suitable for the parking and storage of
automobiles, trucks and other motor vehicles.
A portable device with wheels that is used in combination
with a tow truck to transport automobiles, trucks or motor vehicles.
Any automobile, motor vehicle, truck or bus that is parked
in a fashion or in a place that is in violation of any parking ordinance
of the City of Linwood, County of Atlantic or State of New Jersey.
A towing operator that has complied with all provisions of
this chapter and whose name appears on the list of licensed towing
operators maintained by the Clerk of the City of Linwood.
All vehicles propelled otherwise than by muscular power,
except such vehicles as those that run exclusively on tracks. This
term shall also include motorcycles and mopeds.
All motor vehicles used for the transportation of passengers
for hire, including those used for the transportation of schoolchildren.
Any person who is in actual physical control of an automobile,
truck or motor vehicle.
Any automobile used and designed for the transportation of
passengers.
Real property owned by any person, partnership, firm or corporation
and now owned by the City of Linwood or any other governmental body.
The monetary charge for the presence of a tow truck and operator
where no towing service or road service is conducted or supplied.
Providing routine minor maintenance items, refueling or supplying
equipment to automobiles, trucks or motor vehicles that are disabled
or otherwise inoperable, including calls to assist persons locked
out of their motor vehicles.
A person, firm, corporation or other business entity engaged
in the business of transporting disabled, wrecked or otherwise immobile
motor vehicles, automobiles or trucks by means of tow trucks or other
means.
The providing of transportation of automobiles, trucks or
motor vehicles that, as a result of accident, collision, breakdown,
abandonment or otherwise, are unable to be moved under their own power.
The term "towing service" also includes the transportation of illegally
parked, police-impounded or abandoned automobiles, trucks or motor
vehicles.
A motor vehicle specifically designed, constructed, used
or maintained for the safe transportation of automobiles, trucks or
motor vehicles.
Every motor vehicle designed, used or maintained primarily
for the transportation of property. This includes delivery vans and
pickup trucks.
Every device in, upon or by which any person or property
is or may be transported upon a highway, except devices powered by
human power or operated on stationary tracks.
Providing the use of the mechanical cable device attached
to a tow truck to move or transport any vehicle where the actual towing
of the vehicle does not take place.
Towing operators licensed pursuant to this chapter agree to
provide the following towing services to the City of Linwood in the
following manner:
A.
Towing of illegally parked or police-impounded passenger automobiles,
trucks or motor vehicles.
B.
Towing of abandoned passenger automobiles, trucks and motor vehicles.
C.
Towing of passenger automobiles, trucks and motor vehicles from accident
scenes, including cleaning and removal of debris from the scene of
the accident as well as any necessary waiting time. This shall also
include the removal of any spilled or leaking liquids. In the event
that minor spillages of motor vehicle fluids result from an accident,
the towing operator shall apply absorbent material to the affected
area and then place the material, double-bagged, in the vehicle prior
to towing.
D.
Towing of all City police vehicles within the limits of Atlantic
County, as well as the City limits of the City of Linwood.
E.
Towing of all City of Linwood owned police vehicles outside the Atlantic
County limits.
F.
Providing winching services and dolly-wheel services at scenes of
accidents and/or other places where passenger automobiles, trucks
or motor vehicles become disabled on the roadway or off.
G.
Providing a flatbed truck for vehicles that cannot be towed in an
ordinary fashion.
H.
Towing and impounding for police investigation purposes of any passenger
automobile, truck or motor vehicle at the direction of the Duty Police
Supervisor.
I.
Storage of any abandoned, wrecked or disabled passenger automobiles,
trucks or motor vehicles that might be towed by the towing operator
pursuant to this chapter.
J.
Providing of road service to disabled vehicles within the City limits
of the City of Linwood.
K.
Towing and impounding for police investigation purposes of any passenger
automobile, truck or motor vehicle at the direction of the Duty Police
Supervisor from City Hall to the compound at no charge.
A.
A licensed towing operator shall provide a compound which shall at
all times be in compliance with all New Jersey statutes and regulations,
as well as all ordinances promulgated by the City of Linwood. The
compound shall be serviced by roads which are not subject to any tolls.
B.
Said compound shall be enclosed by a six-foot-high fence and be of
sufficient size to accommodate at least 12 passenger automobiles at
one time.
C.
The compound shall be available 24 hours a day, 365 days per year,
and open to the public on weekdays during normal business hours and
limited hours on Saturdays and Sundays.
D.
The licensed towing operator shall make available for service to
the City of Linwood at least two tow trucks having two-way communication
equipment on a twenty-four-hour call, seven days a week.
E.
The licensed towing operator shall provide tow trucks capable of
handling and transporting heavy passenger automobiles and equipped
to provide appropriate towing services and road service. All tow vehicles
shall be registered in the name of the licensed tow operator in compliance
with all traffic laws and regulations of the State of New Jersey.
F.
Licensed towing operators shall equip their tow trucks to provide
the following: mechanic's tools to perform complete emergency
work: towing and safety equipment and warning devices such as lights,
flares and flags to warn other motor vehicle operators of the presence
of a disabled or parked vehicle.
G.
The tow trucks provided by the licensed towing operator shall be
of such type and design to properly and safely perform all towing
services and road services as set forth in this chapter. They shall
comply at all times with the statutes and regulations of the State
of New Jersey and be subject to the inspection by the Chief of Police
of the City of Linwood.
H.
Operators of tow trucks shall be courteous and competent mechanics
and present a clean and neat appearance. All operators shall be at
least 18 years of age and possess a current valid New Jersey driver's
license appropriate for the category of vehicle they may drive. A
commercial driver's license with all endorsements may be necessary.
Said driver's license shall be subject to inspection by the Chief
of Police of the City of Linwood.
I.
The licensed towing operator agrees that no rates or fees for towing
services, road service or any other service shall be charged in excess
of the maximum rate and fees set forth hereafter by resolution by
the City Council of the City of Linwood. Nothing in this chapter shall
limit the fees charged to persons to whom services are supplied outside
the scope of this chapter by any towing operator.
J.
The tow trucks provided by the licensed towing operators shall be
strategically located within a reasonable area to be prescribed by
the Chief of Police of the City of Linwood.
K.
The licensed towing operator shall see to it that said tow trucks
shall be operated in such a fashion as will produce adequate service
to the public as determined from time to time by the Chief of Police
of the City of Linwood. During adverse weather and heavy traffic conditions,
the licensed tow operator shall arrange to make available additional
tow trucks to stand by as necessary to serve the City of Linwood.
It is the stated purpose of this chapter to provide towing service
and road service to the City of Linwood which will result in emergency
towing and/or road service within a maximum of 15 minutes from the
time that the licensed towing operator is notified by the City of
Linwood Police Department. Should the tow operator fail to respond
as provided herein, the City of Linwood Police Department reserves
the right to cancel the tow and call upon the next available licensed
tow operator on the rotation list.
L.
The fees and charges established pursuant to this chapter shall be
conspicuously posted at the compound or any other business location
of the licensed towing operator.
A.
Any person, company or corporation applying for a contract must have
at least five years' experience as a municipal tow operator engaged
in the towing of vehicles and vehicle storage in order to be considered
for a contract.
B.
License required; application and investigation; insurance. All towing
operators, in order to provide towing services to the City of Linwood,
shall be licensed with the Clerk of the City of Linwood.
(1)
The Clerk of the City of Linwood shall take applications for the
licensing of tow operators from any towing operator who asserts that
he can comply with the terms of this chapter.
(2)
A background check will be made by the Police Department of the applicant
and his employees or officers, and a conviction for a crime will disqualify
an applicant unless waived by the City Council upon application and
good cause shown.
(3)
Each licensed towing operator will be charged a nonrefundable annual
renewal fee of $250.
(4)
The application form shall be prescribed by the Clerk of the City
of Linwood. It shall include the name, business address and telephone
number of the towing operator, the location of the compound, the name
of its insurance company, the insurance policy number and any other
information the Clerk, Police Chief or his designee deems relevant
and appropriate.
(5)
The towing operator must date and sign the application and certify
that he has read this chapter and agrees to abide by all of the terms
and specifications of the same.
(6)
Upon submission of the application form, the Clerk of the City of
Linwood shall furnish the Chief of Police of the City of Linwood with
a copy of said application. The Chief of Police of the City of Linwood
or his designee, upon receipt of said application from the Clerk of
the City of Linwood, shall conduct an investigation of the towing
operator and its operation. Said investigation by the Chief of Police
of the City of Linwood or his designee shall consist of an inspection
of the proposed compound, an inspection of the tow trucks and whether
the towing operator and his employees or officers meet with the requirements
of this chapter.
(7)
The aforementioned insurance policy shall be so endorsed to include
the City of Linwood as an additional named insured and shall provide
a standard severability of interest clause. The insurance policy shall
also provide that the City of Linwood will be defended and indemnified
by said insurance company.
(8)
Such certificate of insurance shall provide that the insurance policy
will not be canceled or materially changed without 30 days' prior
written notice addressed to the Clerk of the City of Linwood.
C.
Compound.
(1)
At all times, the aforesaid compound shall be maintained by the licensed
towing operator in a clean and orderly fashion. Reasonable measures
shall be taken by the licensed towing operators at all times to prevent
vandalism, theft or damage to any passenger automobiles, trucks or
motor vehicles stored at said compound.
(2)
If said compound is to be located within 1,000 feet of the nearest
edge of the right-of-way of any interstate highway or primary highway,
it shall at all times comply with N.J.S.A. 27:5E-1 et seq. (the Junkyard
Control Act) and any New Jersey Administrative Code regulations enacted
pursuant to said New Jersey statute.
(3)
The licensed towing operator shall maintain his business operation
at the same location as the compound.
D.
The licensed towing operator shall provide transportation from City
Hall in the City of Linwood to the compound for the owners of any
passenger automobile, truck or motor vehicle towed by the licensed
towing operator during regular business hours only, at no cost or
expense to the City or the owner of the vehicle.
E.
The licensed towing operator shall, on the first day of each month,
provide in writing to the City of Linwood that month's list of
all passenger automobiles, trucks or motor vehicles in the possession
of the licensed towing operator over 20 days. Said list shall state
the make and model of the passenger automobile, truck or motor vehicle,
the year of the same, the registration number of the motor vehicle,
the vehicle identification number and mileage and detailed list of
all charges and expenses relating to said passenger automobile, truck
and motor vehicle and date the vehicle was towed. In the event that
the licensed towing operator does not provide or supply such information
in a timely fashion, the licensed towing operator shall indemnify
and hold the City of Linwood harmless for any claims arising from
the registered towing operator's failure to do so.
F.
In the event that passenger automobiles, trucks and motor vehicles
that are stored or towed by the licensed towing operator are abandoned
or unclaimed by the owners thereof, the licensed towing operator agrees
to make no claims whatsoever against the City of Linwood, its agents,
representatives and/or employees for towing fees or charges, storage
fees or charges, or road service fees or charges or any other fees
or charges whatsoever.
G.
The licensed towing operator shall not employ any additional operators
as other employees after a mercantile license is issued unless the
City of Linwood Police Department has conducted a background check
and cleared those individuals.
H.
The licensed towing operator shall provide a roster of employees
to the City of Linwood Police Department on a monthly basis.
A.
All towing operators, in order to provide towing services to the
City of Linwood, shall be licensed with the Clerk of the City of Linwood.
B.
Provided the maximum number of licensed towing operators governed
by this chapter is not met or exceeded, the Clerk of the City of Linwood
shall take applications for the licensing of tow operators from any
applicant who asserts that he can comply with the terms of this chapter.
In the event the maximum number of licensed towing operators governed
by this chapter is met or exceeded, the Clerk of the City of Linwood
shall not accept any new applications for the licensing of tow operators.
C.
Each licensed towing operator will be charged a nonrefundable application
fee of $500. Said fee shall be paid upon the submission of the signed
application to the Clerk of the City of Linwood and shall be nonrefundable.
Each licensed towing operator will be charged a nonrefundable annual
renewal fee of $250.
D.
The application form shall be prescribed by the Clerk of the City
of Linwood. It shall include the name, business address and telephone
number of the towing operator, the location of the compound, the name
of its insurance company, the insurance policy number and any other
information the Clerk deems relevant and appropriate.
E.
The towing operator must date and sign the application and certify
that he has read this chapter and agrees to abide by all of the terms
and specifications of the same.
F.
Within three business days of the submission of a complete application
form, the Clerk of the City of Linwood shall furnish the Chief of
Police of the City of Linwood with a copy of said application.
G.
The Chief of Police of the City of Linwood, upon receipt of said
application from the Clerk of the City of Linwood, shall conduct an
investigation of the towing operator and its operation.
H.
Said investigation by the Chief of Police of the City of Linwood
shall include but not necessarily be limited to an inspection of the
proposed compound, an inspection of the tow trucks and a determination
as to whether the towing operator meets the requirements of this chapter.
I.
After the investigation authorized by this chapter, the Chief of
Police of the City of Linwood shall report to the Clerk, in writing,
whether or not the towing operator meets the requirements of this
chapter.
J.
If the Chief of Police of the City of Linwood advises the Clerk of
the City of Linwood that the towing operator meets the requirements
of this chapter and of the approval of the towing operator, said towing
operator shall be added to the list of licensed towing operators of
the City of Linwood and notified, in writing, accordingly.
K.
If the Chief of Police determines that the towing operator does not
meet the requirements of this chapter, he shall report, in writing,
to the Clerk of the City of Linwood his determination, findings and
reasons for his rejection/denial of the application of the towing
operator. The Chief of Police shall simultaneously supply a copy of
his report to the applying towing operator and the Council for the
City of Linwood.
L.
Any applicant aggrieved by the rejection/denial of an application
to be added to the list of licensed towing operators of the City of
Linwood shall, upon written notice provided to the Chief of Police
and the Clerk of the City of Linwood made by the aggrieved applicant
within seven calendar days of that rejection/denial, be entitled to
a hearing before the Council of the City of Linwood at said Council's
next available meeting.
M.
The licensee shall comply with all state and federal laws and regulations
concerning wages, hours and terms of employment.
N.
The licensee shall not discriminate in its hiring practices and shall
comply with all state and federal laws and regulations regarding nondiscrimination
in employment.
A.
The City Clerk shall maintain a list of all licensed towing operators
approved by the Chief of Police of the City of Linwood.
B.
In the event that more than one towing operator shall become a licensed
towing operator, the towing services needed by the City of Linwood
shall be rotated among licensed towing operators for time periods
to be prescribed by the Chief of Police of the City of Linwood on
an equal basis. Each new licensed towing operator shall initially
be placed last on the rotary list. The maximum number of licensed
towing operators providing towing services to the City of Linwood
at any given time shall be capped at two licensed towing operators.
Notwithstanding the foregoing, if at the time of the adoption of this
section there are more than two approved licensed towing operators,
said licensed towing operators shall remain licensed and able to provide
towing services in the City of Linwood until said towing operators'
licenses are suspended, terminated or revoked.
[Amended 2-14-2018 by Ord. No. 2-2018]
C.
The licensed towing operator for any one period of time will be selected
pursuant to the list maintained by the City Clerk and provided to
the Chief of Police.
D.
If the Chief of Police determines at any time that the licensed towing
operator or any licensed towing operator is unable to fulfill the
requirements of this chapter, or in times of emergency, the Chief
of Police may call upon other towing operators to provide services
to the City of Linwood. Any towing operator called shall comply with
this chapter.
E.
The Chief of Police of the City of Linwood shall be responsible for
enforcing provisions of this chapter. Further, the Chief of Police
or his designee shall conduct at least two inspections of the licensed
towing operator's facility to ensure continued compliance. No
prior notice will be necessary.
F.
If the Chief of Police of the City of Linwood finds at any time that
a licensed towing operator is not in compliance with any provision
of this chapter, he shall advise the Clerk of such violation, and
the Clerk shall suspend the offending licensed towing operator's
license and remove his name from the list of licensed towing operators.
G.
No further towing services, as described in this chapter, may be
performed by a towing operator suspended from the list of licensed
towing operators until he complies with all of the provisions of this
chapter.
H.
Any license issued by the City of Linwood may be terminated upon
the finding that the licensed towing operator provided fraudulent
or inaccurate application information; violated any federal, state
or municipal regulations; has provided unsatisfactory service; or
has violated any Department of Insurance rules or regulations. In
this event, upon receipt of written direction from the Chief of Police
of the City of Linwood, the City Clerk shall suspend the offending
licensed towing operator's license and remove his name from the
list of licensed towing operators.
I.
Any towing operator aggrieved by the actions of the Chief of Police
of the City of Linwood or the Clerk of the City of Linwood in suspending
the licensed towing operator's license and/or removal of his
name from the list of licensed towing operators of the City of Linwood
shall, upon written notice provided to the Chief of Police and the
Clerk of the City of Linwood made by the aggrieved towing operator
within seven calendar days of that suspension/removal, be entitled
to a hearing before the Council of the City of Linwood at said Council's
next available meeting.
The following rates shall apply for licensed towing operators
within the City of Linwood:
C.
Towing of passenger automobiles not in excess of 6,000 pounds from
accident scenes, to include cleaning and removal of area debris, including
liquid debris, pursuant to this chapter, waiting time and storage
for the first 24 hours:
D.
Towing of trucks and all other motor vehicles, including passenger
automobiles in excess of 6,000 pounds, from accident scenes, to include
cleaning and removal of area debris, including liquid debris, pursuant
to this chapter, waiting time and storage for the first 24 hours:
E.
Charge for each additional twenty-four-hour storage: $20.
F.
No charge for towing of all City police vehicles within the City
of Linwood and the County of Atlantic.
G.
Towing of all City-owned police vehicles outside the limits of Atlantic
County: $2 per mile.
H.
Providing winching service: $30.
I.
Additional charges for providing dolly wheels: $50.
K.
No charge for towing of any passenger automobiles, trucks or motor
vehicles or impounding of any such passenger automobiles, trucks or
motor vehicles for investigation purposes at the direction of the
Duty Police Supervisor (to include storage).
L.
Response fee (no tow): $20.
N.
Towing or transport of mopeds: $40.
P.
Road service to Linwood Police vehicles: $25.
Q.
Specialized recovery equipment. When specialized and/or heavy-duty
equipment is needed as deemed appropriate by the officer on duty,
the fees shall be charged at the published rate of the New Jersey
State Police Training Guide.
[Added 5-22-2019 by Ord. No. 11-2019]
