[HISTORY: Adopted by the City Council of
the City of Brigantine as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-2-1992 by Ord. No. 11-1992[1]]
[1]
Editor's Note: This ordinance superseded former
Ch. 278, Towing, adopted 2-4-1987 by Ord. No. 1-1987.
The following words, terms and phrases shall
have the following meanings herein indicated:
To stand or stop a vehicle for a period of time in locations
which are prohibited by law or otherwise on private property.
Any building, structure, garage, outdoor space, place, driveway,
yard or enclosure, or any portion thereof, where vehicles may be parked,
stored, housed or otherwise kept.
Any person, company, corporation, partnership or other entity
that has obtained a mercantile license to tow vehicles within the
City of Brigantine or that tows vehicles within the City of Brigantine.
Any person who operates a tow truck or is in any way employed
by a towing operator.
Any motorized device upon or by which any person or property
may be transported from one place to another.
A.
All towing operators who wish to perform towing services
within the City of Brigantine must apply for and receive a mercantile
license by said City of Brigantine.
B.
Any applicant for a mercantile license to operate
a towing company performing services within the City of Brigantine
shall, in addition to all information required by the Mercantile Officer,
also provide the following:
(1)
The full name of the applicant, date of birth and
social security number.
(2)
The residential address of the applicant or, if said
applicant is a corporation or other business entity, the residential
address of the president or managing officer.
(3)
If the applicant is a corporation, the address of
the registered agent within the State of New Jersey for said corporation.
(4)
The address of said towing operator's base of service/storage
area.
A.
All towing operators providing services within the
City of Brigantine shall maintain adequate insurance to cover any
and all personal injury, property damage or other loss which may occur.
B.
All towing operators providing services within the
City of Brigantine shall indemnify and hold harmless said City of
Brigantine for any and all personal injury, property damage or other
loss which occurs as the result of the performance of towing services
within such City.
The towing or removal of any vehicle from private
property without the consent of the registered owner or other legally
authorized person in control of said vehicle is subject to the following
conditions:
A.
Any towed or removed vehicle must be stored at the
towing operator's place of business in a secured facility. This facility
must have business hours which are open to the public during the hours
of 8:00 a.m. to 5:00 p.m., Monday through Friday.
B.
Prior to removing any vehicle from private property
without the consent of the registered owner or other person in control
of said vehicle, the towing operator must contact the Brigantine Police
Department and advise said Police Department of the license plate
number, make and model of the vehicle and, if possible, the owner
and/or registrant of said vehicle. This procedure is required so that
the City of Brigantine Police Department may determine if said vehicle
is in any way connected with a wanted criminal or criminal activity.
Said towing operator may only then remove said vehicle upon being
advised by said Brigantine Police Department that said vehicle, to
the best of its knowledge, is not stolen, owned by any wanted criminal
nor involved with any criminal activity.
C.
Prior to towing or removing any vehicle, the towing operator, in accordance with Subsection B above, shall notify the Brigantine Police Department and make known to said Police Department the location where said vehicle will be stored, the time said vehicle was towed and the make, model, color and license plate number of said vehicle. This is to allow said Police Department to respond to any vehicle owner who indicates his vehicle is stolen or otherwise missing.
D.
If the registered owner or person in control of a
vehicle arrives at such vehicle at a time when said vehicle is scheduled
to be towed but prior to the actual removal of the vehicle, said vehicle
shall be disconnected from the towing or removing apparatus and returned
to the vehicle owner upon the payment by said owner of a reasonable
fee, not to exceed half of the normal rate for towing services provided
by the towing operator. However, if said person indicates to said
licensed towing operator that he will refuse to remove the vehicle
and the same is parked illegally, then said licensed towing operator
shall be permitted to tow and remove said vehicle.
It is the purpose and intention of this article
that no towing operator may pay any third party a commission or other
percentage of money earned for any tow in return for said individual's
calling in or advising said towing operator that any vehicle is parked
illegally. This includes but is not limited to the owners or operators
of any premises from which vehicles are to be towed.
A.
All drivers of towing operators must possess a current
valid New Jersey driver's license which will allow said individual
to operate a tow vehicle and must have a current valid commercial
driver's license if necessary.
B.
All employees of the towing operator shall be clean
and neat and shall be courteous to the general public.
A.
All towing operators must have equipment adequate
to perform the satisfactory services pursuant to this article.
B.
The towing operator or his employees may not in any
way represent or indicate that they are employees of the City of Brigantine
and shall save and hold harmless the City of Brigantine from any and
all damage incurred while performing towing services. Said damage
will be the liability of the towing operator or other individuals
according to law, but in no event will be the responsibility of the
City of Brigantine.
C.
All towing vehicles shall at all times be in conformance
with all New Jersey State statutes, regulations and other laws.
D.
All tow vehicles will have the name, address and phone
number of the towing operator painted or permanently attached to both
sides of any tow vehicles used pursuant to this article.
E.
All tow vehicles shall be permanently permitted by
the State of New Jersey to use a flashing amber emergency light.
No towed vehicle may be stored upon any public
street, alleyway or yard within the City of Brigantine. All vehicles
towed by a towing operator must be removed to a protected storage
facility unless the same are towed to an auto repair or auto body
repair shop. No said towed vehicle taken to an auto repair or auto
body repair shop within the City of Brigantine is allowed to remain
for more than a thirty-day period unless the same is completely covered
by a protected material or repairs have begun thereon and will be
diligently and expeditiously completed.
A.
All towing and storage fees charged for services performed
pursuant to this article must be posted in a clear and conspicuous
place at the base of service of any towing operator, and no such fee
for towing or storage shall be charged in excess of said posted rates.
B.
All towing operators shall provide to the City of
Brigantine for the City of Brigantine's records a copy of the current
towing and storage fees to be charged for towing services performed
pursuant to this article.
C.
All towing operators upon request shall prepare a
bill for all towing and storage services and shall maintain a copy
of said bill on file and provide at least one copy of the same to
any owner or other individual redeeming a vehicle. Said bills or invoices
should include the name, address and telephone number of the towing
operator and a complete list of services performed and charges therefor.
In addition, said bills or invoices must include the make, model and
year of the vehicle towed, as well as the name, address and telephone
number of the record owner if ascertained, and the license plate number
of the vehicle.
D.
The City of Brigantine hereby specifically reserves
the right to not renew any mercantile license of a towing operator
based upon said towing operator's fee schedule's being excessive when
compared to other prevailing prices for similar services among other
towing operators.
E.
All invoices mentioned above shall be numerically
numbered in consecutive order. An invoice shall be prepared for each
vehicle towed and/or stored pursuant to this article.
A.
The towing operator shall make available to the Brigantine
Police Department a record of all vehicles towed from the City of
Brigantine and shall provide any and all invoices requested by the
City of Brigantine concerning towing services provided in the City
of Brigantine upon written request of said Police Department.
B.
All records which are required to be maintained pursuant
to this article shall be kept for a period of not less than four years
by a towing operator.
Any towing operator who observes in plain view
any instrumentality or evidence of criminal activity shall immediately
report the same to the Brigantine Police Department. Failure to do
so shall be cause for immediate revocation of said towing operator's
mercantile license required pursuant to this article.
A.
Except for property appurtenant to and obviously a
part of a single-family residence and except in instances where notice
is given personally to the person in control of the vehicle if the
vehicle is considered to be parked illegally, no vehicle may be towed
pursuant to this article unless the property owner of the property
where said vehicle is to be towed from meets the following requirements
concerning the posting of signs relative to towing:
(1)
A sign giving notice as required in Subsection A must be prominently placed at each driveway, accessway or curb cut allowing vehicular access to the property within five feet of the public right-of-way line.
(2)
If no driveway or curb cut exists, a sign giving notice as required in Subsection A must be prominently placed where the same is clearly visible to the general parking public. Said signs must at a minimum be placed at a distance of no greater than one sign per 30 feet in any parking facility.
(3)
Said signs giving notice to the general parking public
must clearly state in lettering not less than two inches high and
on a contrasting background that unauthorized vehicles will be towed
at the vehicle owner's expense. The specific words "unauthorized vehicles
will be towed at the vehicle owner's expense" must be included on
any such sign in letters which are two inches or larger. Said sign
must also provide the name, address and phone number of the towing
operator authorized to tow the vehicles from such private property.
(4)
The sign should also state in letters two inches or
greater the fee for the towing of vehicles from such private property.
B.
All such signs posted pursuant to this article must
be permanently installed. The bottom portion of any said sign shall
not be less than four feet above ground level and should be placed
in a position which makes the same as visible as possible while conforming
to the requirements of this article. Any sign must be continuously
posted and maintained on the private property for not less than 48
hours prior to the towing or removing of any vehicles from said private
property unless said vehicle(s) must be towed to avoid an emergency
situation.
When an owner of private property or his agent
improperly causes a motor vehicle to be towed or removed from said
private property, said property owner shall be liable to the owner
of said towed vehicle for all accrued costs, including but not limited
to the costs of towing, storage, attorneys' fees and court costs,
if applicable.
If any vehicle which has been properly towed
pursuant to this article remains unclaimed for a period of 48 hours
from the time of the towing or removal of said vehicle, the towing
operator shall send notice to the registered owner of the vehicle
that the same has been towed and the location of said vehicle. If
after being notified the registered owner still does not claim said
vehicle within 96 hours, then the towing operator must send out a
letter by registered mail, return receipt requested, to the registered
owner of the vehicle indicating that the vehicle has been towed and
the location of said vehicle.
Any violation of this article shall subject
the towing operator or any other such violator to one or more of the
following penalties, as determined by the Municipal Court Judge with
jurisdiction over violations of this article:
Any towing operator who refuses or fails after
two or more written notices from the City of Brigantine to abide by
the terms of this article may have his or its mercantile license revoked
and shall no longer perform towing services in the City of Brigantine
until a new mercantile license has been issued.
[Adopted 5-20-1992 by Ord. No. 10-1992]
The following words and terms, when used in
this article, shall have the following meanings, unless the context
clearly indicates otherwise:
A private passenger automobile of a private passenger or
station wagon type that is owned or leased and is neither used as
a public or livery conveyance for passengers nor rented to others
with a driver; and a motor vehicle with a pickup body; or a delivery
sedan, a van or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by a husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the owner(s).
The removal and transportation of an automobile which has
been damaged in an accident or recovered after being stolen from a
highway, street or other public or private road or a parking area
or from a storage facility, and other services normally incident thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm. Basic towing service shall include
the removal and transportation of any automobile from any alley way
within the City of Brigantine but shall not include the removal and
transportation of any automobile from the beach and/or bay surrounding
the City of Brigantine and shall not include the removal of any automobile
from private property.
The towing of any automobile from the beach, bay or water
contiguous to and surrounding the island of Brigantine.
Vehicle storage facility owned by the City of Brigantine.
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.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental to one person even if
caused by the intentional acts of another.
All towing services of automobiles which are not basic towing
services, beach or bay towing services or towing services provided
on or from private property.
Any automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier and all other
storage facilities not defined above as inside building or outside
secured.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or a fraction thereof. Each new twenty-four-hour
period begins at 12:01 a.m.
Any individual or entity placed on the rotating list established
by this article who performs or shall perform towing services pursuant
thereto and who has been licensed according to this article.
Only those vehicles equipped with a boom or booms, winches,
slings, tiltbeds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
[Amended 6-2-2010 by Ord. No. 9-2010]
This article allows the hiring of towing and
storage services by the City of Brigantine without submitting the
same to the formal bidding process.
A.
The City of Brigantine, by this article, hereby establishes
a rotating list of towing contractors who the City shall use the services
of and who shall be called on a rotating basis for any towing services
required pursuant to this article within the City of Brigantine. For
any towing entity to be contracted with and placed upon the rotating
list herein described pursuant to this article, said towing entity
must fully comply with all the terms and conditions of this article
which said compliance is to be determined by the City Manager of the
City of Brigantine or his designee. Said rotating list established
by this article, shall be rotated on a weekly basis.
B.
A towing contractor shall be placed on the rotating
list established by this article in the order in which its completed
application is approved. Each new addition to the list will be placed
at the bottom of said list.
C.
Once a list has been established, the City of Brigantine
will request towing services from said list on a rotating basis. If
a towing contractor is called and for any reason does not or cannot
perform the requested towing service, such towing contractor will
be placed on the bottom of the rotating list, and the next towing
contractor on the list will be called to perform the towing services.
D.
If no towing contractor on the rotating list is able
to perform towing services when necessary, the City is entitled to
have said services performed by a towing contractor not contained
on the rotating list.
E.
During adverse weather conditions or other emergency
conditions, all towing contractors on the rotating list shall give
priority to requests for towing services made by the City of Brigantine
as compared to requests made by third parties.
The following fees are established as the maximum
rates which can be charged for towing and storage fees pursuant to
this article:
A.
Towing services:
(3)
Nonbasic towing services provided at the day rate:
$50 for all tows.
(4)
Nonbasic towing services provided on nights, weekends
and New Jersey State holidays: $60 for all tows.
(5)
Beach or bay towing services provided during days:
$150 for all tows. Towing contractors may charge an hourly rate over
and above the basic rate of $150 for beach or bay towing services
for any portion of an hour over the first hour spent completing a
beach or bay tow.
(6)
Beach or bay towing services provided on nights, weekends
and New Jersey State holidays: $200 for all tows. Towing contractors
may charge an hourly rate over and above the basic rate of $200 for
beach or bay towing services for any portion of an hour over the first
hour spent completing a beach or bay tow.
[Amended 6-2-2010 by Ord. No. 9-2010]
No person shall be liable to any other person
or entity who tows or stores a private passenger automobile pursuant
to the provisions of this article for any fees in excess of those
permitted by the towing and storage fee schedule established by this
article. Pursuant to law, fee schedules or parts thereof shall be
reviewed by the New Jersey Commissioner of Insurance on an annual
basis and may be revised if necessary. In the event that any portion
of the above schedules are revised by the Commissioner of Insurance,
the revised fee shall be the maximum fee that may be charged by a
towing contractor, and this section shall be amended accordingly.
A.
The fees set forth in this article for towing rates
are the maximum charges that shall apply to private passenger automobiles
for basic and nonbasic towing services rendered pursuant to this article.
There shall be no additional charges other than provided herein, including
but not limited to separate charges for flat bedding, waiting time,
wenching, cleanup costs and additional labor, when towing services
are provided pursuant to this article.
B.
The fees set forth in this article for storage fees
are the maximum storage fees chargeable per twenty-four-hour period
for any private passenger automobile which is stored pursuant to the
provisions of this article.
A.
When towing services are required to the scene of
an automobile accident, the day rate shall apply when the time of
the accident occurs between 8:00 a.m. and 4:30 p.m., Monday through
Friday excluding New Jersey State holidays. The night, weekend and
holiday rate shall otherwise apply to all towing services provided
at the scene of an automobile accident.
B.
When towing services are required for other than an
automobile accident, the day rate shall apply when the vehicle is
transported (pickup to delivery) entirely between the hours of 8:00
am. and 6:00 p.m., Monday through Friday except on New Jersey State
holidays. The night, weekend and holiday rate shall otherwise apply
to towing services provided.
C.
Towing rates shall be calculated based on the total
distance traveled from the tow vehicles base of service to the job
site and return by way of the shortest route available. A fraction
shall be rounded up to the nearest whole mile.
D.
Tow vehicles transporting multiple passenger cars
at one time shall receive the applicable fees for each vehicle transported.
This article is not intended to regulate or
set fees for the towing or storage of trucks, busses or motorcycles
or the provision of emergency road service. Such service, if requested,
shall be billed at the provider's normal and customary rate or as
otherwise agreed upon.
A.
In order to be placed on the rotating list of towing
contractors established by this article, a towing contractor must
first receive a towing contractors license from the City of Brigantine.
B.
Said license, if issued, shall be valid for a period
of one year.
C.
Applications for license pursuant to this article
shall be submitted to the City Manager or his designee.
D.
An administrative fee as set forth in Chapter 210, Mercantile Businesses, Article II, Fee Schedule, shall be paid to the City of Brigantine as part of the application process. All said administrative fees collected will be accounted for and deposited in the local treasury as required by N.J.S.A. 40A:5-15.
E.
All applications shall include the following:
(1)
The name of the towing contractor.
(2)
The business address of the towing contractor.
(3)
The residence address of the towing contractor or
the President or managing partner of said towing contractor.
(4)
The business telephone number of the towing contractor.
(5)
The home telephone number of the towing contractor
or the President or managing partner of said towing contractor.
(6)
If a corporation, all shareholders owning 10% or more
of said corporation.
(7)
Any documentation concerning equipment as required
by this article.
(8)
The records and information concerning employees as
required by this article.
(9)
All certificates of insurance as required by this
article.
(10)
A hold-harmless agreement as required by this
article.
F.
Upon the submission of a complete application, a satisfactory
police records check and a satisfactory inspection of equipment (if
deemed necessary), the City Manager may recommend to the Mayor and
Council that a towing contractor be granted a license and placed on
the rotating list of towing contractors established by this article.
G.
The Mayor and Council may approve such a recommendation
by resolution at any properly noticed meeting of the City Council.
H.
Each license or a copy thereof shall be prominently
displayed in each piece of equipment used in performing services pursuant
to this article.
I.
Any false, misleading or fraudulent statements made
in an application for license or contained in any of the documents
attached thereto is cause for immediate removal of any towing contractor
from the rotating list established by this article.
All towing contractors who wish to be licensed
and placed on the rotating list pursuant to this article must meet
the following requirements:
A.
All towing contractors must have a legally permissible
base of service where the towing vehicles required pursuant to this
article may be stored in a safe and aesthetically pleasing manner
and in compliance with all laws, regulations, ordinances, rules or
other promulgations by municipal, county, state and federal entities.
A towing contractor's base of service cannot be a home or residence.
[Amended 6-2-2010 by Ord. No. 9-2010]
B.
All towing contractors must be subjected to a check
by the City of Brigantine Police Department, and a conviction for
any felony will be considered reason to eliminate said towing contractor
from the rotating list of towing contractors in the City of Brigantine.
Likewise, the names of all employees and drivers of the towing vehicles
which are to be utilized by each towing contractor must be submitted
to the City of Brigantine Police Department along with a copy of a
current driver's license for each individual. Said Police Department
shall run a Division of Motor Vehicles license check on said individuals.
Any towing contractor (and their employees) consents to said checks
upon the filing of an application for a license pursuant to this article
by any said towing contractor. If any towing contractor continues
to let any employee continue to perform towing services that has a
revoked or suspended license, said towing contractor may be removed
from the rotating list as established by this article.
C.
Any applicant to be placed on the rotating towing
list must sign an agreement with the Police Department regarding the
same. Said agreement shall specifically state that if there are two
negative complaints against the towing operator within a one-year
period, the City Manager, after consultation with the Chief of Police,
may remove said towing operator from the rotating list without the
necessity of a hearing.
[Amended 6-2-2010 by Ord. No. 9-2010]
D.
Each towing contractor shall provide the City of Brigantine
the telephone number at which said towing contractor can be contacted
to perform towing services along with the address of the base of operation
of said towing contractor.
[Amended 6-2-2010 by Ord. No. 9-2010]
E.
Towing contractors' equipment, personnel lists and
base of service are subject to periodic inspections and approval by
the City of Brigantine. Said inspections will be performed by the
City Manager or his designee.
F.
All towing contractors shall comply with all federal
and state laws and regulations concerning wages, hours and any and
all other terms of employment.
G.
Each towing contractor prior to being placed on the
rotating list established by this article shall provide proof to the
City of Brigantine that they have engaged in the services of emergency
police towing and recovery for a period of one year prior to their
being placed on the rotating list. This record of performance shall
be verified by the Chief of Police of the City of Brigantine.
H.
Subcontracting of or for any towing services to be
performed pursuant to this article is strictly prohibited.
All towing contractors who wish to be licensed
and placed on the rotating list pursuant to this article must meet
the following requirements concerning employees:
A.
Each towing contractor must employ a sufficient number
of employees to comply with the provisions of this article. No person
shall be employed by a towing contractor for the purpose of this article
unless they have submitted to a record check and Division of Motor
Vehicles license check and have been approved by the City of Brigantine
Chief of Police after said Chief of Police has reviewed results of
said checks. Any individual who has a suspended or revoked license
in this or any other state shall immediately cease and desist from
performing towing services pursuant to this article.
B.
All drivers of towing contractors licensed pursuant
to this article shall be over the age of 18 years and must have a
current valid New Jersey State driver's license or current valid commercial
driver's license if necessary.
C.
The towing contractor, at the time he wishes to be
placed on the rotating list, shall submit to the City of Brigantine
the names, addresses and any driver's license of all proposed drivers
and employees who will be performing towing services pursuant to this
article. It will be the sole and exclusive obligation of the towing
contractor to update and supplement this list as any change in personnel
occurs with said towing contractor. No driver shall perform towing
services pursuant to this article unless previously listed by the
contractor in the list of employees supplied to the City. Failure
to submit or keep this list updated will subject said towing contractor
to immediate removal from the rotating list established by this article.
D.
All complaints of any kind, including but not limited
to complaints relative to service, overcharging, theft of parts, damage
to towed or stored vehicles, discourteous treatment and the like shall
be referred to the City Manager or his designee in writing. Any two
complaints which are deemed to be true shall subject the towing contractor
to removal from the rotating list in the discretion of the City Manager,
without the necessity of a hearing, after consultation with the Chief
of Police.
[Amended 6-2-2010 by Ord. No. 9-2010]
E.
All employees of towing contractors placed on the
rotating list pursuant to this article shall be clean, neat and make
a good appearance and treat all individuals with whom they come in
contact in a kind and courteous manner.
F.
All towing contractors placed on the rotating list
implemented by this article agree, understand and consent to the fact
that by being placed on said rotating list they assume responsibility,
unless otherwise provided by law, for any and all careless, intentional,
negligent or other acts of themselves or their employees while acting
in the performance of any duties prescribed by this article.
G.
Nothing contained in this article shall allow any
towing contractor or any employee thereof to in any way indicate to
the public or act in such a manner so as to represent to the public
that said towing contractor or its employees are employees of the
City of Brigantine or representatives thereof.
H.
All employees of towing contractors shall obey all
traffic laws and regulations when performing towing services, including
adherence to all speed limits, and shall submit to the orders and
instructions of members of the Brigantine Police Department at the
scene of any accident.
I.
All employees of towing contractors, when possible,
should be competent mechanics able to provide roadside service.
Each towing contractor who wishes to be licensed
and placed upon the rotating list established with this article must
meet the following requirements concerning equipment:
A.
A detailed listing of the equipment to be utilized
in the performance of services pursuant to this article, provided
to the City of Brigantine, including:
B.
In addition to the above, all vehicle(s) when not
in use must be permanently located at the towing contractor's base
of service. Each piece of equipment must meet the minimum standards
set forth herein as well as all minimum safety requirements as established
by state and federal law.
[Amended 6-2-2010 by Ord. No. 9-2010]
C.
The towing contractor is solely responsible for the
safety, maintenance and operation of each piece of equipment utilized
pursuant to this article.
D.
All towing contractors must have equipment adequate
to perform satisfactory towing services pursuant to this article.
If any towing contractor causes any damage, personal injury or other
harm to any person or property because of the use of inadequate equipment,
said towing contractor will be solely liable for the same, and the
City of Brigantine shall in no way be liable.
E.
The towing contractor shall supply, upon request,
the manufacturer's certification of the lifting capacities of any
devices for each vehicle which said towing contractor plans to use
pursuant to this article.
F.
All vehicles used as equipment pursuant to this article
shall be equipped at all times with safety vests for operators, first
aid kits, a receipt book for services rendered, hand tools, lockout
kits, flashlight, broom, shovel, work gloves and flares or other necessary
warning devices.
G.
All towing equipment shall be kept in a clean and
neat fashion so as to be reasonably accommodating to the persons who
may come upon said tow vehicles. Equipment used pursuant to this article
shall have the name, address and phone number of the towing contractor
painted or otherwise permanently attached to both sides of said equipment
and shall be in compliance with all other motor vehicle statutes of
the State of New Jersey, including being properly permitted by said
state for the use of flashing amber emergency lights.
H.
All equipment used pursuant to this article shall
be registered in the name of the towing contractor.
No vehicle which is towed pursuant to this article
may be stored upon any public street, alley or passageway within the
City of Brigantine and may only be stored in a storage area acceptable
to the City of Brigantine as determined by the City Manager or his
designee. Any towing contractor who stores vehicles in a prohibited
storage area is subject to immediate removal from the rotating list
established by this article.
Towing contractors shall be responsible for
the reasonable care, custody and control of vehicles and the contents
therein during the time that towing services are provided. Towing
contractors who are placed on the rotating list hereby indemnify and
hold harmless the City of Brigantine, its agents, servants and employees
concerning any and all damage, theft, vandalism or other acts of destruction
which occur on any vehicles towed and/or stored by said towing contractor
unless said damage and/or destruction was caused exclusively by the
negligence of the City of Brigantine or its employees.
The Brigantine Police Department shall be responsible
for the processing and disposal of each vehicle which is transported
and stored at the City storage facility until final disposition and
removal of said vehicle as consented to by the City of Brigantine.
It is the responsibility of each towing contractor to cooperate fully
with the City of Brigantine and said City of Brigantine Police Department
and to provide any and all information which said towing contractor
may have concerning the name, address and telephone number of the
owner of the vehicle, the driver of the vehicle, if it can be determined
at the time towing services were required, and any holders of a security
interest concerning said vehicle. In addition, the towing contractor
may be requested to assist the City of Brigantine in notification
of the owners and/or drivers of said vehicles and any holders of security
interest therein. This procedure shall be determined and as directed
by the Chief of Police of the City of Brigantine. Prior to the release
of any vehicle from the City of Brigantine's storage facility, an
individual must provide:
A.
Proof of ownership of the vehicle satisfactory to
the Brigantine Police Department.
B.
A paid receipt from the towing contractor for services
performed by said towing contractor.
C.
A paid receipt from the City of Brigantine for any
storage fees.
D.
A release from the City of Brigantine Police Department.
The City will take all proper and necessary
steps pursuant to New Jersey statute to sell at public auction any
vehicle which is considered abandoned. If and when requested by the
City of Brigantine, the towing contractor shall be responsible for
moving any vehicles contained in the City of Brigantine storage area,
at a prearranged charge, in order for the City to conduct any auction
and properly dispose of said vehicles pursuant to this article.
A.
All towing contractors placed on the rotating list
established by this article shall remove and tow any and all vehicles
as directed by the Brigantine Police Department under the Supervision
of the Chief of Police and the Director of Public Safety.
B.
All towing contractors placed on the rotating list
established by the City of Brigantine pursuant to this article shall
be responsible for the towing of vehicles pursuant to this article
on a twenty-four-hour day, seven-day-a-week basis.
C.
Towing contractors shall respond promptly to any and
all requests for towing services by the City of Brigantine, and in
any event said towing contractor shall respond and be present at the
location where towing services are required within a period of no
more than 10 minutes after receipt of the request for towing services.
Failure of a towing contractor to arrive within the guidelines delineated
above can be considered cause for removing said towing contractor
from the rotating list established by this article in the discretion
of the City Manager of the City of Brigantine.
D.
If the towing contractor is summoned by the City of
Brigantine for the purposes of providing towing services pursuant
to this article and the owner of the vehicle which is to be towed
arrives on the scene prior to the removal of said vehicle by the towing
contractor, said owner may be charged an unloading and showup charge
which in no event shall be in excess of 1/2 the maximum fee established
pursuant to this article for a day rate basic towing service.
E.
Any contractor placed on the rotating list established
by this article shall be responsible for the towing of any disabled
City-owned vehicle when requested by said City. This service will
be furnished to the City of Brigantine for an amount not to exceed
the following maximum charges:
Any towing contractor placed upon the rotating
list established by this article will be responsible for the clean
up of any and all accident scenes to which said towing contractor
provides towing services. This shall include but not be limited to
the clean up of all broken glass, debris and other clean up as required
at said site. Notwithstanding this section, the towing contractor
shall not be responsible for the clean up of any hazardous-type materials
such as fuel, oil, chemicals, etc.
A.
Each towing contractor shall prepare a bill for towing
and/or storage fees for each vehicle towed pursuant to this article.
All such fees shall be in conformity with the requirements and conditions
as imposed by this article. Prior to the release of any vehicle by
the towing contractor from said towing contractor's storage facility,
the towing contractor shall obtain full payment of the amount due
and owing to said towing contractor for any and all towing and/or
storage fees. In addition, the towing contractor prior to the release
of any vehicle shall obtain a release form executed by the City of
Brigantine Police Department pursuant to procedures established by
the Chief of Police of the City of Brigantine.
B.
Notwithstanding any provisions of this article, nothing
herein shall be construed as requiring or allowing any towing contractor
to charge the City of Brigantine fees in excess of those established
pursuant to N.J.S.A. 40:48-2.49, 40:48-2.50 and other applicable statutes.
In addition to the services required by this
article, the towing contractor will be required to furnish all available
equipment and service during storm periods, periods of snow emergencies,
traffic emergencies, special events, disasters or any other acts of
God or other reasons which cause emergency conditions as determined
by the City Manager, Chief of Police and/or Emergency Management Director.
Said periods will be referred to as "standby periods" in which standby
service is to be provided by all towing contractors who are on the
rotating list established by this article.
A.
Any standby period shall begin when determined by
the City Manager, Chief of Police or Emergency Management Director
and shall be terminated at the discretion of the same.
B.
The City of Brigantine pursuant to this article hereby
reserves the right, during any standby period, to designate temporary
areas owned or leased by the City of Brigantine for the storage of
any and all vehicles at the direction of the City Manager, Chief of
Police or Emergency Management Director.
C.
The City Manager, Chief of Police or Emergency Management
Director shall determine the type and number of tow vehicles and personnel
to be used during any standby period. The charges for the services
performed during any standby period will be computed on an hourly
basis at the rate of $40 per hour for all special events and $60 per
hour during any snowstorm, flood, hurricane or other act of God to
be paid to the towing contractor upon submission of an itemized invoice
of said towing contractor detailing the hours they were on standby
to the City of Brigantine.
A.
All insurance required pursuant to this article shall
be furnished by an insurance company with a B+ or better rating, as
published in the most recent edition of the Best Insurance Key Rating
Guide, and all said insurance companies issuing insurance to be obtained
pursuant to this article must be authorized to do business in the
State of New Jersey. All towing contractors placed on the rotating
list established by this article will be required to purchase and
maintain during the time they remain on said rotating list comprehensive
automobile liability insurance, garage keepers liability insurance,
comprehensive risk insurance for any storage building and/or facility
and workers' compensation insurance with limits not less than those
listed below:
(1)
Automobile liability insurance in an amount not less
than $1,000,000 combined single limit (bodily injury and property
damage). All such liability insurance policies shall be specifically
endorsed to provide collision insurance for vehicles in tow.
(2)
Garage keepers liability insurance in an amount not
less than $60,000 per location.
(3)
Comprehensive garage liability insurance in an amount
not less than $1,000,000 combined single limit.
(4)
Workers' compensation insurance as required by law.
B.
The City of Brigantine shall be named as an additional
insured on all policies of insurance required by this article.
C.
The towing contractors through their insurance companies
shall indemnify and hold harmless the City of Brigantine against any
and all loss due to injuries, accidents or other damages of any character
whatsoever, caused as a result of an act or omission of the towing
contractor, his agents or employees in the execution of any towing
services or other services performed pursuant to this article.
D.
The towing contractor shall provide the City of Brigantine
with certain certificates of insurance evidencing the coverage required
by this article. This requirement will include separate certificates
which must be produced for each tow vehicle owned by a towing contractor.
All such policies shall include a clause which shall provide the City
of Brigantine at least 30 days' written notice prior to the cancellation
of or the intention not to renew or any material change in said policies.
The failure to submit any said certificate or failure to include said
clause shall subject a towing contractor to immediate removal from
the rotating list.
E.
Any interruption of coverage of insurance required
by this article shall be deemed sufficient reason to remove any towing
contractor from the rotating list established by this article.
A.
Each towing contractor placed upon the rotating list
established by this article shall keep a clear record of all vehicles
towed which clearly state:
B.
All said records shall be kept for at least a four-year
period from the date that towing services are provided for said vehicle.
A copy of each said record for any vehicle towed pursuant to this
article shall be provided to the City of Brigantine if any such vehicle
is stored in the City storage area.
C.
Towing operators shall maintain, if at all reasonably
possible, a record of all personal property contained in a towed vehicle
that can be observed in plain view at the time the towing services
are performed. All towing operators will have a duty pursuant to this
article to report any suspected illegal activities, contraband or
evidence of crime observed by said towing contractor and/or its employees
immediately to the City of Brigantine Police Department.
D.
The Chief of Police of the City of Brigantine or his
designee shall have access to any of the records required to be kept
by the towing contractor pursuant to this article.
E.
All invoices kept pursuant to this article shall be
consecutively numbered and shall display the name, addresses and telephone
number of the towing contractor on the same. Such invoice shall be
prepared for each vehicle towed and/or stored pursuant to this article
and must state at a minimum the date of service, the type of service,
itemization of charges and the identifying characteristics of the
vehicle as stated herein before.
All fees as outlined by this article must be
posted by the towing contractor in an easily visible location at said
towing contractor's base of service and shall also be kept on file
in the Clerk's office of the City of Brigantine.
[Amended 5-19-1998 by Ord. No. 7-1998; 6-2-2010 by Ord. No. 9-2010]
For the purposes of this article, the City Manager
is designated as the person responsible for the enforcement of the
provisions of this article and shall be responsible for resolving
any disputes or receiving any complaints regarding this article.
Nothing herein is in any way meant to conflict
or contradict any of the regulations adopted or to be adopted by the
Commissioner of Insurance pertaining to towing services and regulations.
If the licenses entered into pursuant to this
article shall be for a period in excess of one year, said contract
shall contain a clause making them subject to the availability and
appropriation annually of sufficient funds as may be required to meet
the extended obligation or, in the alternative, shall contain an annual
cancellation clause.
All towing equipment required pursuant to this
article shall have two-way radio capability which will allow the dispatching
center of the towing contractor to contact said truck on a twenty-four-hour
basis. All said towing contractors must have said dispatching capability
so as to be able to contact said trucks other than via the telephone
on a twenty-four-hour basis.
No towing contractor shall release, without
prior authorization of the Department of Police of the City of Brigantine,
any vehicle which is involved in any crime or suspected of being involved
in a crime.
A.
Any person or entity who shall violate any of the
provisions of this article shall be subject to imprisonment in the
county jail for any term not exceeding 90 days or by a fine not exceeding
$1,000; or by a period of community service not exceeding 90 days.
B.
Each violation of any provisions of this article and
each day the same is violated shall be deemed and taken to be a separate
and distinct offense.
