[HISTORY: Adopted by the Township Council of the Township of Pohatcong 3-14-2000
by Ord. No. 00-7. Amendments noted where applicable.]
The purpose of this chapter is to regulate the removal of motor vehicles
from private or public property by operators engaged in such practice and
the fees charged for said removal and/or storage following removal in accordance
with N.J.S.A. 40:48-2.49 et seq.
The following words and terms when used in this chapter shall have the
following meanings, unless the context clearly indicates otherwise:
Any automobile which is parked without the current year's registration
license plates, as required by law, for a period of more than 48 hours or
is positioned so as to constitute an obstruction to traffic.
The location where the licensed towing operator stations its tow
vehicle(s) when not in use.
The removal and transportation of such an automobile at the request
of authorized Police Department personnel required because said automobile
has been abandoned, disabled, damaged in accidents, illegally parked, recovered
after being stolen or in cases of emergency, 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.
A car carrier shall have a commercially manufactured chassis certified
by the manufacturer. The vehicle shall be equipped with a hydraulically powered
winch. The tilt bed or slide back shall be hydraulically operated. The vehicle
shall also be equipped with tie-down chains, proper safety lights and amber
rotation emergency flashing lights.
The Chief of the Police of the township or his/her designees.
A light duty wrecker shall have a commercially manufactured chassis
certified by the manufacturer for light duty towing. Each shall be equipped
with a commercially manufactured lifting apparatus with dual rear wheels,
safety chains, proper safety lights, rear flood lights and amber rotation
emergency flashing lights.
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 situations which
are accidental to one person even if caused by the intentional acts of another.
All towing services which are not basic towing services for private
passenger automobiles, as defined herein.
The maximum allowable amount of storage charges to be charged per
twenty-four-hour period or a fraction thereof. Each new twenty-four-hour period
begins at 12:01 a.m.
A licensed individual or entity placed upon the rotating list that
performs towing services for the township.
Only those vehicles equipped with a boom or booms, winches, slings,
tiltbeds, wheel lifts, or under reach equipment specifically designed by its
manufacturer for the removal or transport of private passenger automobiles.
Any motor vehicle, including but not limited to passenger cars, pickup
trucks, livery vehicles, camper-type vehicles, delivery sedans or panel trucks,
registered, or capable of registration, by the State of New Jersey or other
governmental entity have jurisdiction for use on public roads or streets,
having a gross weight of 4,000 pounds or less.
A.
This chapter hereby establishes a list of licensed towing
operators to provide basic and nonbasic towing services for the Township of
Pohatcong on a rotating basis. The Police Department will maintain the rotating
list and determine the time period for each rotation. The list of licensed
towing operators shall be determined by and under the direct supervision of
the Chief of Police.
B.
A licensed towing operator shall be placed in the rotating
list in the order in which its application was approved. No towing operator
may be listed more than once and no licensed towing operator shall be permitted
to lease its tow vehicles to another licensed towing operator in order to
receive multiple listings.
C.
Towing services must be provided on a twenty-four-hour,
seven-day-per-week basis. It is required that a tow vehicle be on the site
of the event within 15 minutes of the time of the call from the Police Department.
If a licensed towing operator is called and for any reason does not perform
the requested towing service, the next licensed towing operator on the list
will be called to perform the towing service.
D.
If no licensed towing operator on the rotating list is
able to perform towing services when necessary, the township is entitled,
in emergent circumstances, to have said service performed by a licensed towing
operator not on the rotating list.
E.
During adverse weather conditions or other emergency
conditions, all towing operators on the rotating list shall give priority
to requests for towing services made by the township over requests made by
third parties.
F.
Every official tower shall maintain a secured storage
area meeting the following requirements:
(1)
The storage area shall be capable of storing a minimum
of 10 vehicles and one tractor and trailer. The area shall have at least 800
square feet of storage facilities to hold and protect "police hold" vehicles.
(2)
The location of the storage area shall be either within
the limits of the township or 15 minutes driving time of the township boundary.
(3)
The storage area, if outdoors, shall be fully enclosed
by a sturdy fence having a minimum height of six feet, and at least one lockable
gate for ingress and egress and shall be lighted from dusk to dawn.
(4)
The storage facility shall be available 24 hours a day,
365 days per year and shall be open to the public on weekdays during normal
business hours and for four hours on Saturdays. The applicant shall specify
the hours on which the facility will be opened on Saturdays. The applicant
is not required to be open on Sundays.
(5)
The licensed towing operator shall have an employee on
duty, or available to accept telephone calls, during all hours in which the
storage facility is open.
(6)
The licensed towing operator shall not charge a release
fee or other charge for releasing vehicles to their owners after normal business
hours or on weekends.
(7)
The official towing operator shall be responsible for
ensuring the proper and safe storage of all vehicles towed pursuant to this
chapter. The official tower shall be liable for any damage incurred by such
vehicles while in transit to or while stored in the storage areas.
A.
Only licensed towing operators shall be placed in the
rotating list.
B.
Towing operator licenses will be issued upon application
to the Township Council on an approved application form, endorsed by the Township
Police Chief and satisfactory evidence that the applicant has the expertise,
experience, equipment and facilities to perform the required services.
C.
Background check.
(1)
The Township Police Chief, prior to endorsing an application
for towing operator license, shall conduct a background check of the applicant
and any officers or employees thereof. Any persistent violations and/or high
incident of motor vehicle accidents in the past 10 years may warrant a driver
ineligible. A conviction for a felony will be considered ample reason to disqualify
any contractor unless waived by the township upon application and for good
cause.
(2)
A licensed operator shall not permit a tow vehicle to
be operated by any agent, servant, employee or representative until such time
as the Police Chief has conducted a background check as herein provided.
D.
A license may be denied, suspended, or revoked upon any
of the following grounds:
(1)
Submitting a fraudulent or misleading application.
(2)
A criminal conviction of the towing operator or a named
principal of the towing operator.
(3)
Failure to respond reliably and promptly to calls for
assistance or any other unsatisfactory performance action which interferes
with the proper operation of the rotating system maintained by the Police
Department.
(4)
Failure to utilize safe and adequate equipment as defined
herein.
(5)
Violation of motor vehicle laws and/or municipal ordinances.
(6)
Failure or refusal to tow or remove a motor vehicle when
requested to do so by an appropriate municipal official.
(7)
Violations of Chapter 285, Zoning, or any other applicable ordinances or codes of the Township of Pohatcong pertaining to the use or condition of the premises used by the licensee in conducting the towing business.
(8)
Violations of the provisions of this chapter or any of
its rules, regulations, and policies promulgated hereto.
E.
Licenses shall be renewed annually from January 1 to
December 31 of the succeeding year.
F.
All applications shall be accomplished by a nonrefundable
fee of $200. Thereafter, the renewal fee shall be $50.
A.
When an application for a license is denied by the Township
of Pohatcong, the applicant may request a hearing on said application by the
service of a notice requesting a hearing. Said notice shall be served on the
Township Clerk at the next regularly scheduled meeting of the governing body,
a hearing date shall be set which shall be no less than seven days nor more
than 30 days from the date scheduled.
B.
Proceeding for the suspension or revocation of a license
shall be initiated by the service of a notice of charges pro-offered against
the licensee. Said notice shall be served by the Chief of Police or his/her
designee, either personally or via certified mail, return receipt requested,
and shall contain a date, time and place for a hearing to be held by the governing
body of the Township of Pohatcong. Said hearing shall be scheduled no less
than seven days nor more than 30 days after the notice of the proposed suspension
or revocation shall be served upon the licensee. The licensee shall have the
right to file an answer to the notice and to appear in person, or be represented
by counsel, and give testimony at the place and time fixed for the hearing.
A.
The Police Department in general and the Chief of Police
in particular shall enforce the provisions of this chapter, as well as rules
and regulations adopted hereunder.
B.
A copy of this chapter and the fee schedules of individual
towers shall be made available to the public during normal business hours
at the Pohatcong Township Municipal Building.
A.
The contractor, at his own expense, shall prepare three-inch-by-five-inch
printed rate cards which will be provided to the Police Department for distribution
to vehicle owners at the scene of an accident.
B.
The rate card shall provide information on claiming a
vehicle, the name of the business, its owner, the tower's license number,
as well as the business location, telephone number and hours of operation
for the public. The card shall also state its rate for towing services, and
include all methods of acceptable payment.
C.
The rate applicable to towing services performed pursuant
to this chapter shall be posted in a conspicuous place, visible to the public
at the contractor's place of business.
A.
The contractor must provide with his application a detailed
list of the equipment to be utilized while on the towing list. The listing
shall include the following information: type of vehicle, storage location
of vehicles and whether vehicle is owned or leased. All leased and rented
equipment must be permanently located at the contractor's base of service
at all times during the term of the contract. Each piece of equipment must
meet the minimum standards established by this chapter. Equipment that cannot
meet these minimum standards shall not be used for the towing list. The contractor
is solely responsible for the safety, maintenance and operation of each piece
of equipment utilized. The licensed towing operator shall provide a minimum
of one light duty wrecker and one car carrier vehicle.
B.
The Police Department shall keep a register of the names
of all licensed towing operators, together with the license number, the description
of such tow vehicles and the date and complete record of inspections made
of them by the Police Department. This register shall be maintained by the
contractor.
C.
The licensed towing operator shall supply manufacturer's
certification of the lifting capacities of the devices of type of vehicles
with application submission. A certified testing laboratory test result is
also acceptable for rating lift capacity.
D.
Tow vehicles shall be equipped with two-way radios for
communications with contractor's office facilities. These communications
shall be available 24 hours a day.
E.
Tow vehicles shall be equipped at all times with safety
vests for operators, first aid kits, hand tools, lockout kits, flashlight,
broom, shovel, work gloves and receipts for services rendered. No additional
charge for use of this equipment is permitted.
F.
Tow vehicles shall be kept clean and neat so as to be
reasonably accommodating to persons who may come in contact with such vehicles.
G.
All tow vehicles shall be properly permitted by the State
of New Jersey for the use of flashing amber emergency lights. Permits shall
be in compliance with Motor Vehicle and Traffic Laws as referenced above.
H.
All tow vehicles shall be registered in the name of the
contractor in compliance with Motor Vehicle and Traffic Laws as referenced
above.
A.
The contractor shall record all vehicles towed in a book
kept for such purposes, with the details of each disabled vehicle towed, together
with full information of the towed vehicle and the name of the owner, and
the charges paid for his services. Full information of the towed vehicle shall
include, but not be limited to, the vehicle's license number, VIN registration
number, make, model, color and year. The record book herein described shall
be kept open for inspection at all times by any duly authorized representative
of the township. A monthly towing record containing the information herein
stated above shall be filed with the Pohatcong Township Police Department
setting forth the details of all tows by vehicle type, date, time of day,
sector, and whether additional services were required. Each incident shall
be reported using the invoice number used for billing. The form of these reports
shall be approved by the Chief of Police.
B.
The contractor shall maintain a record of all personal
property in a towed vehicle that he can observe in sight at the time the vehicle
comes into possession.
C.
Authorized representatives of the township shall have
access to any of the records required to be kept by the licensed towing operator.
D.
There shall be a consecutive, sequential control number
assigned by the Police Department to be used in every instance by the township
and the licensed towing operators. All forms, communications, etc., shall
use this control number.
The Chief of Police is hereby authorized and empowered to establish
from time to time written policies and procedures as may be reasonable and
necessary to obtain compliance with the terms if this chapter and the laws
of the State of New Jersey. All written policy(ies) promulgated by the Chief
of Police shall be approved by resolution of the Township Council.
A.
Fees for towing and storage of motor vehicles pursuant
to this chapter shall be in accordance with the fees established by the New
Jersey Department of Insurance pursuant to N.J.S.A. 17:33B-47.[1] These towing and storage fees are set forth in N.J.A.C. 11:3-381.1.
An updated copy setting forth the revision then in effect is to be maintained
by each licensed tow truck operator and the Township Chief of Police.
[1]
Editor's Note: N.J.S.A. 17:33B-47 was repealed by L. 1997, c.
387, § 6, effective 1-19-1998.
B.
There shall be no additional charges, other than those
provided in the fee schedule, including, but not limited to, flatbedding,
waiting time, winching, up-riding, cleanup costs and additional labor.
C.
The above towing charges shall not apply when the operator
of the vehicle elects either a specific tower or to be towed to a destination
other than the licensed storage facility. In such cases, the towing charges
shall be mutually agreed upon between the operator of the vehicle and the
licensed towing operator.
This chapter is not intended to regulate or set fees for nonbasic towing
services or the towing or storage of trucks and buses in excess of 4,000 pounds
gross weight. Such service, if requested, shall be billed at reasonable prevailing
rates. The licensed towing operator shall submit a list of fees in advance
for nonbasic towing to the Chief of Police, who shall have the sole discretion
in determining reasonable prevailing rates.
A.
Towing operators shall be required to purchase, maintain
and provide during the time of service on the rotating list proof of insurance
furnished by a reputable insurance company licensed to do business in the
State of New Jersey, containing the following coverage with liability limit
as set forth below:
(1)
Garage liability/comprehensive general liability insurance
policy in an amount not less than $1,000,000 combined single limit covering
bodily injury and property damage liability including but not limited to personal
injury, products liability (where applicable), independent contractor and
complete operation coverage.
(2)
Garage keeper's legal liability insurance policy
in an amount not less than $100,000. Said policy must include both comprehensive
and collision, and an endorsement to include "On Hook."
(3)
Automobile liability insurance policy in an amount not
less than $1,000,000 combined single limit covering bodily injury and property
damage liability but not limited to owned, non-owned, and hired vehicles.
(4)
Worker's compensation insurance as required by law,
including but not limited to statutory New Jersey Worker's Compensation
Benefits, and Employers Liability of at least $100,000.
(5)
Excess/umbrella liability. In the event that garage liability
and/or automobile liability cannot be purchased up to the required $1,000,000
limit, an excess liability or umbrella liability policy must be purchased
to effect a total liability limit of $1,000,000. Excess or umbrella liability
policies will not be required for garage and automobile policies that meet
or exceed the $1,000,000 minimum limit.
B.
The garage liability and automobile liability policies
shall name the Township of Pohatcong as additional insured and certificate
holder and provide that said policy cannot be canceled for nonpayment or other
reason absent 14 days' written notice to the township.
The contractor will execute an agreement to hold harmless, indemnify
and defend at the contractor's expense the township, its employees and
officials from any and all claims, demands, suit or action for personal injury
or property damage brought against the township, its employees and officials
for any activities which arise out of any service performed under this chapter.
