Township of Union, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Union 11-13-2000 by Ord. No. 4663 (Ch. 257 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 266.
Gasoline and automobile service stations — See Ch. 298.
Streets and sidewalks — See Ch. 477.
Abandoned vehicles — See Ch. 523.

§ 505-1 Purpose.

The purpose of this chapter is to provide standards, regulations and rates for police-requested towing and storage services requiring a response thereto by the licensees. It is the further purpose of this chapter to regulate these services from both a public safety perspective that would result in the quickest response time in good and bad weather, thereby minimizing waiting time both for police officers on scene and the removal of motor vehicle cars from the roadway as a result of an accident and from an administrative perspective to ensure compliance with the requirements and specifications of this chapter.

§ 505-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CRUISING
The operation of a tow truck in and upon a roadway within the Township of Union to solicit vehicle towing and/or storage business except in response to a police request.
DRIVER
The person operating the tow truck for the licensee.
HEAVY DUTY
A tow truck with dual wheels, capable of towing large trucks and shall meet the following minimum requirements: gross vehicle weight (GVW): 30,000 pounds/gross combination weight rating (GCWR): 80,000 pounds/boom rating: 50,000 pounds/winch rating: 50,000 pounds/cable size and length: 5/8 inch and 200 feet/equipped with chassis lift/under-reach: retracted rating 30,000 pounds and extended rating 15,000 pounds.
INSIDE BUILDING
A vehicle storage facility that is completely indoors, having one or more openings in the wall, for storage and removal of vehicles and that is secured by a locking device on each opening. An inside building shall not include a trailer or container storage.
[Added 9-13-2005 by Ord. No. 4892]
LEASE
A vehicle may be leased by the towing company. If the registration is such that the lessee is not listed, the licensee will be required to show a lease agreement and insurance naming both the licensee and lessor on the same policy as the other vehicles used by the licensee. In addition, the licensee's name and address must be affixed on actual vehicle.
[Amended 12-22-2009 by Ord. No. 5121]
LICENSE
The document approved and issued by the Township of Union granting the privilege to tow and store vehicles and perform other towing operations for the Township of Union.
LICENSEE
A towing operator having a license granted by the Township pursuant to the provisions of this chapter.
LIGHT DUTY
A car carrier of the rollback and tilt type, with dual wheels, capable of removing and transporting passenger cars damage-free and shall meet the following minimum requirements: GVW: 14,500 pounds/GCWR: 13,500 pounds/winch rating: 8,000 pounds/cable size and length: 3/8 inch and 50 inch/bed length: 19 feet/wheel lift - retracted rating: 3,500 pounds and extended rating: 1,500 pounds.
[Amended 6-9-2009 by Ord. No. 5103]
MEDIUM DUTY
A tow truck with dual wheels, capable of towing small trucks and shall meet the following minimum requirements: GVW: 18,000 pounds/GCWR: 30,000 pounds/boom rating: -24,000 pounds/winch rating: 30,000 pounds/cable size and length: 7/16 inch and 200 feet/wheel lift rating: 9,000 pounds and extended rating: 6,500 pounds.
[Amended 6-9-2009 by Ord. No. 5103]
OUTDOOR SECURED
An 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 other on-site security measures.
[Added 9-13-2005 by Ord. No. 4892]
OWNER
An individual or entity who or which owns or leases, and/or operates, parks or abandons a vehicle within the Township.
POLICE
The Police Department of the Township of Union or of any jurisdiction having authority in the subject matter.
PRINCIPAL LOCATION
The business office of an applicant/licensee, where licensee shall conduct business associated with the towing and storage of vehicles under authority of the towing license issued by the Township of Union.
RESPONSE TIME
The time from when the police call the licensee and then until the licensee arrives at the location to service the vehicle.
ROUTINE CALLS FOR SERVICE
A police request for road service of a disabled vehicle, i.e., dead batteries, flat tires, out of gas or other services that do not require towing.
TEMPORARY LICENSE
A towing license, authorized by the Chief of Police, and issued by the Township of Union for the purpose of replacing a current licensee, whether that replacement be due to the closing of the business or the revocation of the licensee's towing license for a violation of this chapter. This license is for emergency situations only, and the cost will be prorated on a monthly basis.
TOWING OPERATOR
An individual or entity engaged in the business of providing towing and storage services.
TOWING SERVICES
The towing service and/or on-site vehicle repair of the following: tire changes, jump starts or jump starts (optional) rendered by a towing operator.
VEHICLE
Every device in, upon or by which a person or property is or may be transported upon a highway or street.
WAITING TIME
The time a licensee has equipment and personnel waiting at a scene to perform a towing operation.
WINCHING CABLE FEE
A one-time fee charged when a vehicle has left the roadway, overturned or become embedded, attached, or hitched to another vehicle, tree, pole, guardrail or other fixed object.
[Added 6-9-2009 by Ord. No. 5103]

§ 505-3 License required.

A. 
No police-requested towing shall operate within the Township of Union for police-requested towing services and/or storage services unless the towing operator has obtained a license issued by the Township.
B. 
Exemptions.
(1) 
Owner-requested service. No license shall be required for the on-site repair and/or towing or storage of any vehicle when the request therefor is received by the towing operator from the owner or the owner's agent prior to a police request therefor.
(2) 
Towing from private property. No license shall be required by the police to tow any vehicle from private property without the consent of the owner and private property owner except on the express instruction of the police in the event of an emergency.

§ 505-4 Term of license.

[Amended 3-14-2006 by Ord. No. 4938]
Licenses to tow shall be issued for three calendar years commencing January 1, 2007. Three calendar years shall be referred throughout this chapter as a license period.

§ 505-5 Application for license; awarding of contracts.

A. 
Form; required information. An application for a license shall be in writing, typed, signed by the applicant on the form furnished by the Township, and shall contain all information necessary to evidence the applicant's identity and legal address, compliance with the requirements of this chapter and ability to perform the towing services and storage services contemplated by this chapter. If a partnership, corporation, LLC or any other entity, the application shall set forth the names and addresses of all officers, trustees, directors, together with the names, addresses, social security numbers and dates of birth of all persons holding more than a 10% interest. The application shall also contain the names of all tow truck drivers, his or her address, dates of birth, social security numbers and driver's license numbers. For both the applicant and tow truck drivers, each state shall whether or not he or she has ever been convicted of an offense. If he or she has been convicted of an offense, such offense shall be described on the application.
B. 
Filing. Applications in duplicate shall be filed between August 1 and August 15 with the Township Clerk, together with the application fee
[Amended 12-27-2001 by Ord. No. 4702; 3-14-2006 by Ord. No. 4938]
C. 
Any contracts awarded as a result of the original Chapter 505 ordinance[1] are hereby set aside after any new contracts are awarded pursuant to § 505-6B. In the meantime, any contracts that are currently in place shall then be otherwise set aside in accordance with a certain terms of stipulation of settlement filed on September 21, 2001, in the case of Colonial Towing Services v. Township of Union, et al., under docket number UNN-L-2335-01, venued in the Superior Court of New Jersey, Union Vicinage, Law Division.
[Added 12-27-2001 by Ord. No. 4702]
[1]
Editor's Note: The original Ch. 505 ordinance refers to Ord. No. 4663, adopted 11-13-2000.

§ 505-6 Review of application.

A. 
Reference to Chief of Police. Applications received by the Township Clerk shall be referred within two business days to the Chief of Police for his review, along with a copy to the Township Attorney and the Business Administrator.
[Amended 12-27-2001 by Ord. No. 4702; 10-26-2004 by Ord. No. 4842]
B. 
Inspection; recommendations; disputes.
[Amended 12-27-2001 by Ord. No. 4702]
(1) 
After such examination of the applications and such inspections as the Chief of Police, the Township Attorney and the Business Administrator may consider necessary to evaluate the applicant's compliance with and ability to continue to comply with the requirements of this section, the applications shall be returned to the Township Clerk with the recommended approval or disapproval of each application by the these individuals based upon his examinations, inspections and evaluations.
(2) 
Should a dispute arise regarding the rejection or acceptance of any tower under the ordinance[1] for the first year, the designated court auditor(s) shall report the results of any audit to the court. Any costs of the appointed auditor shall be borne by the Township of Union.
[Amended 10-26-2004 by Ord. No. 4842]
[1]
Editor's Note: "This ordinance" refers to Ord. No. 4702.
C. 
Applicants and licensees shall cooperate with any and all investigations conducted by the Chief of Police or his designee or other law enforcement agency working in conjunction with the Township Police. The requirement of cooperation shall continue throughout the period of application and the duration of the license and the storage of vehicles (even if a license is no longer in effect). A license may be denied for fraud, misrepresentation or false statement in the application, or having an owner, officer, director and/or driver been convicted of a crime involving moral turpitude within 10 years or any other crime within 10 years.
D. 
The Chief of Police may contact any law enforcement agency where the applicant has previously performed any service on a regular basis to verify the basis of any complaint or investigation within the prior license period.
E. 
Visual on-site inspections of the premises and equipment shall be made and approved prior to the Chief of Police or his designee's recommendations.

§ 505-7 Issuance of licenses.

A. 
Authorization. The Township Committee shall at a public meeting by resolution authorize the issuance of a license to those who satisfy the requirements of this chapter, after consideration of the applications and the recommendations of the Chief of Police, the Township Attorney and the Business Administrator. Minor irregularities in the application may be waived by the Township Committee.
[Amended 12-27-2001 by Ord. No. 4702]
B. 
Licenses shall be reevaluated every three years, and each applicant who was a licensee during the prior license period must have substantially complied with the response times set forth under this chapter for which it was licensed within the Township of Union. If the Chief of Police or his designee has advised the licensee that his or her response times do not materially conform with the best interests of the Township as specified herein, then the Chief of Police may make a recommendation to the Township Committee that the licensee has not been responsible so as to deem the licensee unsuitable as a licensee during the following license period.
[Amended 6-9-2009 by Ord. No. 5103]
C. 
Issuance. The authorized license or licenses shall be issued by the Township Clerk in writing upon payment by the towing operator of the license fee specified in § 505-8.

§ 505-8 Application and license.

[Amended 3-14-2006 by Ord. No. 4938; 6-9-2009 by Ord. No. 5103]
The following schedule of nonrefundable fees is adopted for the obtaining of a towing license:
A. 
Application fee: $500 by certified or bank check with application.
B. 
License fee: $3,000 by certified or bank check due and payable upon the granting of the license.

§ 505-9 Suspension or revocation; temporary licenses.

A. 
General.
(1) 
The Township Committee shall have the right to suspend or revoke any license issued under this chapter for good cause upon written complaint of the Chief of Police following his determination that there is probable cause for suspension or revocation based upon violation of this chapter.
(2) 
A license may be denied, suspended or revoked for material and willful fraud, misrepresentation or false statement in the course of conducting the towing operation, for violation of this chapter, or for the conviction of the applicant, its officers or a person or entity holding a 10% or larger interest in the applicant of a crime involving moral turpitude or relating to the towing business or for any other crime. A license may also be denied if the applicant has had a towing license or contract revoked while working for any other municipal, county or state agency and due to his or her inability to meet response times or other conduct as specified in this section. Such revocation shall have occurred within a twelve-month period prior to making application to the Township of Union.
(3) 
Written notice of such complaint and the basis of the complaint shall be given to the licensee who shall be entitled to a hearing within 20 business days before the Township Committee prior to final determination of the complaint by the Township Committee, provided that the licensee requests the review in writing and serves it on the Township Clerk and the Chief of Police within three business days of being served with the notice from the Chief of Police. If, after the hearing, a majority of the members of the Township Committee present and voting decide that there has been a violation, they may terminate or suspend the license.
B. 
Emergency suspension. A license may be suspended by the Chief of Police whenever the Chief in his reasonable judgment considers such suspension necessary for reasons of safety, or has reason to believe that the licensee is not covered by the insurance required. Such suspension shall continue until terminated by the Chief, provided that if the suspension is not terminated within three business days the Chief shall file a complaint for suspension or revocation, and the suspension shall remain in effect pending a determination of the complaint.
C. 
Temporary license.
(1) 
In the event of an emergency suspension or other failure of the licensee to perform its duties under this chapter, the Chief of Police may issue a temporary license to a towing operator to operate during any licensee's failure to perform, should the replacement of said licensee be deemed necessary. The issuance of a temporary license shall be reported to the Township Committee immediately upon issuance.
(2) 
Temporary licenses may be issued for a thirty-day period, which may be extended for five additional thirty-day periods.
D. 
Temporary suspension. Any tower shall be suspended for five days if he or she fails to respond to a request by the Township of Union Police Department to tow a vehicle.

§ 505-10 Equipment.

A. 
Required equipment. A towing operator, when filing an application for and at all times while holding a license under this chapter, shall own or lease for use in performing the services required by the license the following items of equipment:
(1) 
A total of five light duty wreckers or flatbeds, both types to be equipped with wheel lift.
(2) 
One medium duty wrecker with wheel lift.
(3) 
Two heavy duty wreckers with wheel lifts.
(4) 
The above-mentioned equipment classes (light / medium / heavy) must meet or exceed the standards as stated herein).
(5) 
Safety equipment to be carried on all trucks shall include:
(a) 
Slim-Jim lock tool.
(b) 
"J" hooks and chains or tie-downs.
(c) 
Snatch block.
(d) 
Two high-test safety chains.
(e) 
Auxiliary safety light kit (to be placed on rear of towed vehicle that does not have functioning taillight flashers).
(f) 
Rotating amber emergency lights mounted on top of truck (state-issued permit required, and must be in truck). If the tow operator has any towing equipment with red rotating light bar, then that vehicle will not be deemed acceptable for use in the Township and may not be utilized when determining the required equipment for licensee.
(g) 
Two white work lights facing the rear of vehicle.
(h) 
Two safety cones with reflective strip (minimum height 18 inches).
(i) 
One shovel.
(j) 
One broom.
(k) 
Steering wheel tie down.
(l) 
Two-way communication system, radio or cellular, with communication between the licensee's base and all of the required trucks and from truck to truck.
(m) 
Jumper cables or jump box.
(n) 
Toolbox with assorted hand tools.
B. 
Additionally required equipment. Proof from vehicle and equipment manufacturer detailing specifications of requested equipment is required.
C. 
Tow truck lettering. All tow trucks operated by the licensee shall be permanently lettered on both sides in accordance with New Jersey Statute, Title 39 (newly purchased vehicles will be allowed a four-week grace period, during which time a pair of magnetic signs shall be used).
D. 
Required communication. Licensee shall maintain a twenty-four-hour phone number which is manned by the licensee's personnel. Such personnel must have constant two-way communication, radio or cellular, with the licensee's vehicles. Phone calls may not be forwarded from the principal business location to a residence during nighttime hours.

§ 505-11 Storage and garage facilities.

A. 
All storage and garage facilities are to be used exclusively by the licensee.
B. 
Inside building secured storage. Each licensee shall have an inside building secured storage space sufficient to accommodate the capacity to store at least three vehicles for exclusive use of the Police Department in connection with vehicles being held as evidence or under investigation. Inside building secured storage must be within two miles by radius, of the Township of Union Police Department, located at 981 Caldwell Avenue, Union, or located within the established boundaries of the Township of Union.
[Amended 9-13-2005 by Ord. No. 4892; 3-14-2006 by Ord. No. 4938; 11-28-2006 by Ord. No. 4982]
C. 
The inside building storage space shall be capable of being locked/safeguarded against access by unauthorized person(s), employee(s).
D. 
Outside secured storage. Each licensee shall have an outside secured storage area to accommodate the capacity to store 150 vehicles at any one time dedicated to the storage of vehicles towed from the Township of Union. The facility is to be lighted at night. Outside secured storage must be within two miles, by radius, of the Township of Union Police Department, located at 981 Caldwell Avenue, Union, or located within the established boundaries of the Township of Union.
[Amended 9-13-2005 by Ord. No. 4892; 3-14-2006 by Ord. No. 4938; 11-28-2006 by Ord. No. 4982]
E. 
Equipment facility. Each licensee shall have an area and facility adequate for the storage and servicing of the required equipment specified when not in use. Such equipment facility must be within two miles, by radius, of the Township of Union Police Department, located at 981 Caldwell Avenue, Union, or located within the established boundaries of the Township of Union.
[Amended 11-28-2006 by Ord. No. 4982]
F. 
Location; hours; condition. The required storage and equipment facilities shall be as follows:
(1) 
Principal location must be within two miles, by radius, of the Township of Union Police Department, located at 981 Caldwell Avenue, Union, or located within the established boundaries of the Township of Union.
[Amended 11-28-2006 by Ord. No. 4982]
(2) 
Outside secured storage facility (one-hundred-fifty-vehicle capacity) and inside building secured storage facility (three-vehicle capacity) must be within two miles, by radius, of the Township of Union Police Department, located at 981 Caldwell Avenue, Union, or located within the established boundaries of the Township of Union.
[Amended 3-14-2006 by Ord. No. 4938; 11-28-2006 by Ord. No. 4982]
(3) 
The hours of recovery of vehicles from storage shall be no less than Monday through Friday, 8:00 a.m. to 5:00 p.m., and Saturday or Sunday, 9:00 a.m. to 12:00 noon, and also made available at Township Police Headquarters for an additional charge. The vehicle shall be made available by the licensee immediately upon an emergency request by the Police Department. Facilities shall be kept clean and in good order to accommodate persons who may enter facilities with respect to any vehicles stored therein. The principal location, in addition to the above-mentioned items, shall have adequate rest room facilities, with running water, that are clean and in good working order available to persons who may enter the facility with respect to any vehicle towed by the licensee. There shall be a waiting area sufficient to accommodate at least four people who can sit, in the event said individual must wait for retrieval of his or her automobile.
[Amended 9-13-2005 by Ord. No. 4892]
G. 
Unsecured outside storage. No unsecured storage area of any kind will be permitted for use by any licensee for storage of any vehicle towed under the license.
H. 
The radius for the purpose of this section shall be determined by the Township Engineer.
[Added 9-13-2005 by Ord. No. 4892]
I. 
The minimum storage space required for any one vehicle shall be no less than 162 square feet.
[Added 9-13-2005 by Ord. No. 4892] [1]
[1]
Editor's Note: Former Subsection J, which required that the minimum inside and outside storage requirements were for the exclusive use of the Township, added 9-13-2005 by Ord. No. 4892, which immediately followed this subsection, was repealed 3-14-2006 by Ord. No. 4938.

§ 505-12 Continued compliance.

Licensee shall at all times maintain the equipment and storage and garage facilities required by this chapter throughout the term of the license period. Failure to maintain the required equipment and storage and garage facilities throughout the license period may subject the licensee to a suspension or revocation in accordance with § 505-9. The Police Chief or his designee may from time to time inspect the licensee's equipment and storage and garage facilities to ensure continued compliance with this chapter throughout the license period.

§ 505-13 Licensee's personnel.

A. 
All tow truck drivers must have an appropriate, valid New Jersey driver's license with no restrictions or conditional endorsements, except conditions requiring glasses. Each driver/employee shall be of good moral character, mentally alert and present a neat appearance at all times. Drivers and employees shall behave in a professional and courteous manner at all times when dealing with the Police Department and the public. Possession of a commercial license with appropriate endorsements, when required by law, shall be a minimum mandatory requirement of this chapter.
B. 
Light and medium duty drivers must obtain Level 1 driver certification from a tow truck operators training course within six months of the licensee obtaining a license to tow in Union. New hires must obtain certification within nine months from start of employment.
C. 
Heavy duty drivers must obtain Level 2 driver certification from a tow truck operators training course within six months of the licensee obtaining a license to tow in Union. New hires must obtain certification within nine months from start of employment. Heavy duty drivers must have CDL endorsement on their license.
[Amended 9-13-2005 by Ord. No. 4892]
D. 
A heavy duty recovery supervisor must obtain Level 3 driver certification from a tow truck operators training course (within nine months of availability) and/or have training from an industry recognized recovery course. On the recovery scene, not all personnel need to be recovery qualified, but a responsible recovery supervisor must have the listed requirements.
E. 
At the time of the application or at any time a new tow truck driver is assigned, the licensee shall submit to the Township Clerk the name, driver's license number, social security number and date of birth of the tow truck driver prior to the driver's operation of any tow truck pursuant to a Police Department request.
F. 
No licensee shall employ directly or indirectly nor any party owning 10% or more of the licensee shall employ any officers of the Police Department, nor shall they employ directly or indirectly any member of the Township Committee and/or his/her immediate family.
G. 
No licensee shall knowingly purchase equipment or services from any business which is owned or controlled by any person who resides in the same household as an officer of the Police Department and/or member of the Township Committee.

§ 505-14 Towing and storage services.

Towing and storage services shall be governed by the following provisions:
A. 
The schedule when a licensee will be on duty will be set by the Police Department's Administration Bureau and approved by the Chief of Police for a period of one month. The period shall be no less than one month and not more than two continuous months. The schedule will provide for the rotation of all licensed towers. Towers will be responsible to have equipment available 24 hours a day, seven days a week, while on rotation.
B. 
Licensee shall respond to all police requests for towing and/or road service, when requested by a police dispatcher or any other police officer expressly authorized to communicate such a request. Licensee will respond with the number of tow trucks requested to the scene within a reasonable time. Such reasonable time shall be deemed to be 16 minutes under in normal atmospheric conditions and within 30 minutes in inclement weather. This may be extended in emergency situations, such as floods or blizzards.
C. 
If a licensee is wholly or partially unable to respond due to failure of any equipment or personnel insufficiencies, the licensee will immediately notify the Police Department who will contact the next towing company in the rotation to handle the request. If such an incident occurs, the licensee will furnish, in writing, within five business days, the details of the circumstances which caused the failure to respond to the Police Department's Administration Bureau which will make a determination if a follow-up investigation and/or inspection of the licensee's facility is required.
D. 
Tow trucks of a licensee shall not cruise roadways within the Township for business and shall not respond to any scene where towing may be required except upon request of the Township Police Department or any other Police Department.
E. 
No rotating or flashing lights or sirens shall be used on a tow truck except as permitted by New Jersey Division of Motor Vehicles (DMV)/Department of Transportation (DOT) (N.J.S.A. 39:3-50), and all vehicles operated by the licensee shall have a current permit for said lights issued by the DOT along with all other required vehicle documents. Unless specifically licensed to have red rotating and flashing lights, any vehicle so equipped will not be considered for use in the Township of Union.
F. 
All tow trucks shall be operated in accordance with all existing traffic regulations and in a safe and prudent manner. Tow truck drivers will request police assistance when they find it necessary to turn around, back up, tow in a direction opposite the flow of traffic, cross a median or other hazardous situation during the course of providing service or towing.
G. 
Each licensee will be responsible for all vehicles and visible contents in their custody that are towed off the roads under direction of the police and shall assist officers in making an inventory at the scene to note such contents of each vehicle.
H. 
No vehicle will be removed from any roadway within the Township without proper authorization from the police at the scene, or the vehicle owner or operator as the case may be.
I. 
No licensee shall be required to tow to an area further than the licensed storage area between the hours of 6:00 p.m. and 8:00 a.m. unless said licensee agrees to tow farther. If licensee agrees to tow farther than the licensed storage area between 6:00 p.m. and 8:00 a.m., he/she will only do so if adequate towing coverage will be available to the Township.
J. 
The investigating officer and/or supervisor at the incident scene is in complete charge of the incident scene (excluding actual towing operations), and all tow truck drivers shall comply with the officer/supervisor's instructions.
K. 
Each licensee, prior to departing from the scene of towing services, shall be required to clean and clear the roadway of any nonhazardous debris resulting from any accident at such scene when rendering towing services, and at all times carry the necessary equipment to perform such cleaning services. Such equipment shall minimally include, but is not limited to, a broom and shovel. The licensee may charge the owner or his insurance company for the services rendered.
L. 
In the event a licensee refuses to tow or render services at the scene of an accident or disabled vehicle (except when a heavy duty tow truck is required) when requested by the police or vehicle owner/operator, the officer assigned to the incident shall report the refusal to his supervisor with all pertinent details.
M. 
Each licensee shall be required to keep up-to-date records of all vehicles towed in conjunction with this license. Each licensee shall provide the Township Police Administration Bureau with a list of all vehicles towed by order of the police (impounded) that remain unclaimed in storage every Friday by 12:00 noon.
N. 
Vehicles impounded or confiscated by the police and stored by the licensee shall not be released by the licensee without written authorization by the Police Department.

§ 505-15 Towing and storage charges.

Towing and storage charges shall be paid by the owner of a vehicle towed and/or stored by a licensee at police request, and pursuant to N.J.S.A. 40:48-2.49, such charges shall be as follows:
A. 
Towing services. The following is the fee schedule for towing services:
(1) 
Daytime.
[Amended 11-28-2006 by Ord. No. 4982; 6-9-2009 by Ord. No. 5103]
Light Duty
Medium Duty
Heavy Duty
First two miles or less (wrecker)
$55
$75
$400*
First two miles or less (flatbed)
$75
$85
N/A
Each additional mile or any portion thereof
$2.50
$4.50
*NOTE: Per hour or fraction thereof.
(2) 
No towing operator will be required to tow any vehicle in excess of the towing area.
(3) 
Daytime fee will be applied as follows:
(a) 
Basic tow: daytime fees apply between 8:00 a.m. and 4:30 p.m., Monday through Friday, except New Jersey state holidays.
(b) 
Accident tow: daytime fees apply between 8:00 a.m. and 4:30 p.m., Monday through Friday except New Jersey state holidays.
(4) 
Nights, weekends, and New Jersey state holidays. There shall be an additional surcharge per tow of $10 in addition to daytime rates.
(5) 
A "release fee" of $10 shall be paid by the owner or agent to the Union Police Department at the time he or she is provided with a vehicle release after showing proof of ownership and insurance. This fee shall be payable in cash, certified check or money order to the Record Clerk.
[Amended 6-9-2009 by Ord. No. 5103; 7-28-2009 by Ord. No. 5112]
B. 
Storage services. The following is the fee for per-day storage services:
(1) 
Storage charges.
(a) 
Inside building secured storage facility:
Type of Vehicle
Fee
Autos
$30
Pickups/vans/SUV
$35
Trucks
$50
Tractor trailers/buses
N/A
(b) 
Outside secured.
Storage Facility Capacity
Fee
Autos
$20
Pickup/vans/SUV
$25
Tractor trailers/buses
$125
(c) 
Outside unsecured storage fees are not permitted. If a licensee stores any vehicle in an unsecured location, he or she will have waived his or her right to collect any fee for the towing of said vehicle.
(d) 
Storage charges start to accrue after the vehicle has been stored for at least one hour. Storage charges are to be calculated on a per-calendar-day basis starting on the date of the initial tow to yard.
C. 
Yard charges.
(1) 
Administrative fee: $10; car cover fee: $20; car photograph fee: $20.
[Amended 6-9-2009 by Ord. No. 5103]
(2) 
Placing any vehicle on a public street adjacent to it for the vehicle's removal: $30.
(3) 
Vehicle estimate requested by the owner or third-party insurance carrier (includes time with appraiser): $70.
(4) 
Removal of personal property from the subject vehicle:
(a) 
First time (up to 15 minutes): no charge.
(b) 
All additional times: $20.
D. 
Cleanup charges: Clean debris at accident scene: $20 minimum, and an additional $15 per each 15 minutes for the cleanup charged to each vehicle damaged. Speedy dry is an additional $15, charged to the vehicle leaking fluid.
[Amended 6-9-2009 by Ord. No. 5103]
E. 
Waiting time charges. If, once the towing operator arrives at the scene of the accident, he is required by the police, fire, or other emergency staff to wait more than 15 minutes to obtain the vehicle, he may charge $15 per each 15 minutes after the initial 15 minutes has lapsed.
F. 
The licensee shall accept a minimum of two major credit cards 24 hours a day and must be able to do so both at the principal location and by drivers on the road at the time service or tow is performed. The licensee will only have to accept credit cards from the vehicle owner or operator.
[Amended 6-9-2009 by Ord. No. 5103]
G. 
The Township and its Police Department shall not be liable to a licensee with respect to towing and/or service rendered to any owner pursuant to the licensee or otherwise. The licensee shall look to the registered owner and/or operator of such vehicle for payment of towing and/or storage service charges or any other compensation. If the vehicle is unclaimed by the registered owner and/or operator and the finance company and/or lien holder claims the right to retrieve said vehicle, then the licensee may seek compensation for the towing of the vehicle and its storage from the date the finance company and/or lien holder reasonably has notice of the location of the subject vehicle.
H. 
If a crime victim's vehicle is towed by a licensee to premises controlled by the Police Department solely for the purpose of utilizing the vehicle or its contents as evidence or in an ongoing criminal investigation, the Township shall be charged $1 per tow. If this vehicle cannot be removed from the premises controlled by the Police Department in a timely manner by the crime victim or an authorized agent, then the licensee may be requested by the Police Department to remove and store said vehicle where the owner or agent shall be responsible for these charges only not the original tow.
[Amended 6-9-2009 by Ord. No. 5103]
I. 
Township motor vehicles shall also be towed at the rate of $1 per tow. If the licensee refuses or fails to respond to a request for a Township vehicle tow, the licensee who refuses or fails to respond shall reimburse the Township for any fees associated with said tow within 10 days of receiving an invoice for the cost of the tow. The licensee shall also be suspended from towing for the Township of Union for a period of five days.
[Amended 6-9-2009 by Ord. No. 5103]
J. 
Winch cable fee: $125. A one-time fee charged when the vehicle has left the roadway, overturned or become embedded into, attached, or hitched to another vehicle, tree, pole, guardrail or other fixed object.
[Added 6-9-2009 by Ord. No. 5103]

§ 505-16 Insurance.

A. 
The licensee shall have in effect, prior to application and at all times during the term of the license, the following insurance:
(1) 
Garage keepers' liability policy in the amount of $500,000 for any one claimant, and $1,000,000 for more than one claimant with $500,000 coverage for property damage for any one event.
(2) 
Automobile liability insurance issued by a financially sound insurance corporation of, or authorized to transact business in, the state, insuring the licensee and every tow truck operator against liability imposed by law for damages because of bodily injury, including death, sustained by any person and injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of the tow trucks of the licensee.
(3) 
The amount of the limits of liability coverage to be offered by such policy shall be $500,000 for bodily injury to each person, $1,000,000 for bodily injuries in each accident and $500,000 for property damage in each accident.
(4) 
The licensee shall supply a certificate of insurance to the Township Clerk describing every policy of insurance and identifying the Township as an insured party. Each such certificate of insurance shall contain a provision that no cancellation of the policy shall become effective until after the expiration of 15 days written notice of such proposed cancellation forwarded by the insurance company to the Township Clerk and Police Chief.
B. 
Indemnity. The application of any towing operator for a license pursuant to this chapter shall include an agreement by the towing operator that, upon the issuance of a license, the licensee shall indemnify the Township against all claims of third parties relating to towing and/or storage service of the licensee.
C. 
Motor vehicle information. The Police Department shall within five business days attempt to provide, when requested, towing operators with Department of Motor Vehicles information regarding registered owners and lien holders. The information requested and given shall be in conformance with N.J.S.A. 39:10A et seq. and shall not in any way violate the confidentiality that is reposed in the Police Department.

§ 505-17 Supplementary rules and regulations.

A. 
Ordinance. The Township Committee may from time to time adopt an ordinance changing any fees charged and/or associated with the towing and storage of motor vehicles.
[Amended 10-26-2004 by Ord. No. 4842]
B. 
Enforcement. The Chief of Police is hereby designated to enforce the provisions of this chapter in accordance with due process of law.
C. 
Copies of regulations and fees. Copies of this chapter, the fee schedules of the licensees, the fee schedule for towing and storage shall be made available to the public at the either Town Hall or police headquarters during normal business hours.
D. 
Objections to the fees and services by the public.
(1) 
It shall be deemed a theft of services to issue payment by check or credit card for the towing services under this chapter and thereafter stopping payment or having insufficient funds to pay for the services provided.
(2) 
Any complaint as to services rendered by the tower or as to fees charged are to be addressed in writing to both the Chief of Police and the Clerk within 10 days of paying for said services. The Chief may dismiss the complaint or recommend a refund (in whole or in part). If no objection is given, the proposed resolution by either party within seven days shall be deemed acceptable to all.
E. 
Every invoice for service generated by the license holder shall use the terminology and language contained in this chapter so as to avoid or minimize confusion as to allowable charges.
[Added 6-9-2009 by Ord. No. 5103]
F. 
Other than the fees specifically enumerated in § 505-15, no other charges may be collected by the license holder.
[Added 6-9-2009 by Ord. No. 5103]
G. 
The license holder must conspicuously display the list of allowable charges set forth in § 505-15 where payment is made, and if payment is made not at the license holder's facility, the license holder must provide the list to the individual at the time payment is tendered. In addition, said notice shall also contain the following:
[Added 6-9-2009 by Ord. No. 5103]
Any complaint as to services rendered by the license holder or as to fees charged is to be addressed in writing to both the Chief of Police and the Township Clerk within 10 days of paying for said services:
Chief of Police
Township Clerk
Union Police Dept.
Union Municipal Building
971 Caldwell Ave.
1976 Morris Ave.
Union, NJ 07083
Union, NJ 07083