[HISTORY: Adopted by the Township Council
of the Township of Evesham 6-5-1993 by Ord. No. 28-5-93; amended in
its entirety 8-19-2003 by Ord. No. 13-8-2003. Amendments noted where
applicable.]
A.
ABANDONED VEHICLE
DISABLED VEHICLE
PERSON
TOWER
TOWING
TOWNSHIP
VEHICLE
WAITING TIME
WINCHING SERVICE
For the purposes of this chapter, the following terms,
phrases and words shall have the meanings given herein:
Any vehicle which has been left on or along any highway or
other public property or on private property without consent of the
owner or person in charge of the private property for a period of
more than 48 hours or for any period without current license plates.
Any vehicle located on or along any public right-of-way,
not in operation and with no owner visible and not legally parked,
will constitute an inoperable vehicle.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A person engaged in the business or offering the services
of a vehicle tower or towing service, whereby abandoned and/or disabled
vehicles are towed or otherwise removed from the places where they
are disabled, impounded or abandoned by use of a tower or truck so
designed for that purpose.
Hoisting, lifting, removal, hauling and transportation of
any type of vehicle of any size from the highways, streets and roads
located within the Township of Evesham or any other highway, street,
or road within the State of New Jersey.
The Township of Evesham.
Any motor vehicle of any type or size including but not limited
to passenger vehicles, trucks, trailers and other heavy vehicles and
equipment.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to fire/EMS services
which must be performed and/or police investigations.
Any operation in which a vehicle is moved onto a roadway,
from a position off the roadway, or any other operation whereby a
vehicle is moved by the use of a cable from a position that is not
accessible for a direct hook-up by conventional means for loading
onto a tow vehicle. Winching is not pulling a vehicle onto a tilt
bed carrier or lifting a motor vehicle with a conventional tow sling.
B.
When not consistent with the context, words used in
the present tense include the future; words in plural number include
the singular number; and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
A.
Generally. The governing body of the Township, at the beginning of each period, shall appoint towers to be called by the Police Department on a biweekly basis (first and fifteenth of each month). Each two-week period shall be assigned to a different tower. A fee of $100 shall be paid to the Municipal Treasurer by each tower so authorized. The appointment shall be made after the submission of an application as hereinafter set forth and the review and recommendation of the same by the Chief of Police, said appointment to be made by the Township Manager. Any tower receiving appointment shall be placed on the rotation list, which shall entitle the tower(s) to exclusive towing rights during the rotation period. In the event that the tower assigned to a particular rotation is unavailable, then the next tower on the list shall be called during said rotation, but only for a particular incident as set forth in §142-3D. Appointments shall be for a three-year period commencing July 1. Tower(s) wishing to reapply at the end of their three-year appointment will be required to complete the application process to include a $100 fee submitted to the Township if appointed. Applications for the next period shall be received no later than April 1.
B.
Application process. Any person interested in being
placed on the aforementioned rotation list shall submit an application
on a form to be prepared by the Township Manager or their designee,
said form to contain at a minimum the information specified herein.
The applicant shall provide, at a minimum, the following information:
(1)
List of required equipment and proof of ownership.
(2)
Experience of applicant with references.
(3)
Available personnel (employees).
(4)
Proper business and trade licenses and licenses of
vehicles.
(5)
Tow trucks having two-way radio/cellular telephone
capability with a dispatching center on a twenty-four-hour basis.
(6)
Storage location setting forth capacity, contractor
responsible for safe storage area location, proof of ownership or
lease of storage area along with a survey certifying the square footage
within the surveyed area.
(7)
Insurance and proofs of required coverage.
(8)
List of stockholders.
(9)
Noncollusion affidavit.
(10)
Affirmative action affidavit.
(11)
Hold-harmless agreement.
(12)
Certification that the applicant is able to
provide towing services anywhere in the Township in accordance with
the response time established within this chapter.
(13)
Certification that the applicant will be available
to provide service on a twenty-four-hour-per-day, seven-day-per-week
basis and will abide by the fees set forth in this chapter.
(14)
Certification that the applicant shall consent
to the appointment of the Township Clerk as the applicant's true and
lawful attorney for the purpose of acknowledging service out of any
court of competent jurisdiction to be served against the applicant.
C.
Review of application. The Chief of Police shall conduct
a background check of the applicant and any employees to be utilized
in the towing and storage operation. The background check is to determine
if either the applicant or its employees have been convicted of a
criminal offense or have had their driver's license suspended or revoked
in the past year. Conviction of a criminal offense or suspension of
a driver's license within the past year shall be cause for the disqualification
from being appointed to provide towing and impound services. The Chief
of Police or his designee shall conduct an inspection of the employees,
vehicles, equipment and storage area proposed to be utilized by the
applicant to verify the accuracy of the information contained in the
application and to determine compliance with the applicable laws,
regulations and standards of performance required by this chapter.
The Township shall, at the cost of the applicant, obtain a Better
Business Service Bureau report and any other reports that the Township
Manager may deem necessary. After a thorough investigation, the Chief
of Police shall recommend to the Township Manager whether an applicant
should be appointed to provide towing service to the Township of Evesham
in accordance with the terms and conditions of this chapter.
D.
Independent contract. By submission of the fee and
application, the tower agrees that all personnel and equipment used
shall be and remain the property of the tower, and in no event shall
the property or any employee of the tower be represented or considered
belonging to or employed by the Township of Evesham. The tower is
in no way or sense an agent or employee of the Township of Evesham.
E.
Hold-harmless agreement; liability.
(1)
The tower, by submission of the fee and application,
agrees to assume the defense of and indemnify and hold harmless the
Township, its elected officials, boards, commissions, officers, employees
and agents from all suits, actions, damages or claims to which the
Township may be subjected, of any kind or nature whatsoever, resulting
from, caused by, arising out of or as a consequence of the provisions
of providing the services required by this chapter. Prior to providing
the towing services, the tower shall execute the appropriate hold-harmless
clause.
(2)
The owner of the garage or the parking or storage
location shall also agree to indemnify and hold harmless the Township
and its officers, employees and agents from any and all suits and
actions, damages or claims arising out of the performance of the duties
specified in this chapter.
(3)
The Township of Evesham shall not be liable for any
services whatsoever which may be rendered to motor vehicles, and the
tower shall only seek payment from the driver and/or owner of such
vehicles for compensation.
F.
Township Manager's decision. The Chief of Police shall
conduct the aforementioned review and investigation and render a report
to the Township Manager recommending either approval or denial of
the application. The Township Manager shall then take action with
regard to appointing vendor(s) for towing and impound services. Written
notice of the approval or denial of the application shall be provided
to the applicant within seven days of the decision of the Township
Manager.
The following general requirements shall apply
to all towers and towing operations acting on behalf of the Township
of Evesham:
A.
Equipment. The tower shall have sufficient equipment
to tow any size vehicle utilizing the highways, streets and roads
in the Township of Evesham. The minimum requirements are one heavy-duty
large-capacity wrecker minimum of twenty-five-ton capacity, one medium-duty
wrecker minimum of ten-ton capacity and two light-duty wreckers, one
of which must be a flatbed, minimum four-ton capacity. The specifications
are as follows:
(1)
Heavy duty.
(a)
Minimum of twenty-five-ton capacity.
(b)
Air brakes.
(c)
Minimum 1,000 by 20 tires with dual rear wheels.
(d)
Air fittings for releasing air-pressure-lock
brakes on dump trucks and tractor-trailers.
(e)
Under reach capabilities.
(f)
All required ICC safety equipment must be carried.
(g)
Must meet all federal and New Jersey Division
of Motor Vehicle requirements.
(h)
Portable safety lighting to be installed on
rear of towed vehicle.
(i)
Off-side truck winching.
(2)
Medium duty.
(a)
Minimum of ten-ton capacity.
(b)
Minimum 1,000 by 20 tires with dual wheels.
(c)
Chassis requirements should be 10 tons gross
weight.
(d)
Steering wheel lock for towing vehicles from
the rear.
(e)
Wheel lift and under reach capacity.
(f)
All ICC safety equipment must be carried.
(g)
Must meet all federal and New Jersey Division
of Motor Vehicle requirements.
(3)
Light duty.
(a)
Minimum of four-ton capacity.
(b)
Chassis requirements should be 10,000 pounds
gross vehicle weight and dual rear tires.
(c)
Steering lock on each wrecker for towing vehicles
from the rear.
(d)
Tow-sling-type bar, rubber strap, to lift the
car so that no part of metal touches the car.
(e)
One wrecker must be of flatbed capability.
(f)
All ICC safety equipment must be carried.
(g)
Must meet all federal and New Jersey Division
of Motor Vehicle requirements.
B.
At the time of the submission of the application,
the tower shall submit proof satisfactory to the Township and the
Police Department of ownership of the aforementioned vehicles. Adequate
proof shall be proof of ownership by recorded title of the required
number of vehicles necessary to meet the chapter requirements or executed
lease/rental agreement for the equipment required extending six months
beyond the length of the contract. Failure to submit to the aforementioned
satisfactory proof shall result in the disqualification of the tower.
C.
Employees.
(1)
The tower shall have sufficient number of employees
available to comply with the minimal operational requirements of this
chapter. The tower shall indicate in his application the number of
employees on call and available to respond 24 hours a day, seven days
per week.
(2)
The tower shall submit with the application to the
Township the names and addresses of all proposed drivers and employees
who will be rendering service under this contract on behalf of the
tower. This information is to be kept current with the Township by
the tower.
(3)
All operators of the towers' equipment providing services
required by this chapter shall be over the age of 18 and must have
a valid, current, driver's license.
(4)
No person shall be utilized by the tower to provide
services required by this chapter for the Township unless the Township
has obtained a record check and has been approved by the Chief of
Police. The Chief of Police may reject the services of an employee
of the tower for the following reasons:
(a)
Conviction of any crime of the first or second
degree.
(b)
Conviction of any crime involving the use of
a firearm.
(c)
Conviction of any crime involving the manufacture/distribution
of any controlled dangerous substance.
(e)
Conviction within the last five years for driving
under the influence of intoxicating beverages or drugs.
(5)
No employee of the tower shall perform services unless
previously listed by the contractor to the Township.
D.
Availability; response time. The tower shall be available
24 hours a day, seven days a week for use of the Township at the direction
of the authorized representatives of the Police Department as per
the rotation requirements hereinafter set forth. During the rotation
the tower has exclusive rights to tow vehicles on behalf of the Township
of Evesham, said tower shall be called or dispatched first by the
Police Department. In the event that said tower is unavailable with
respect to a particular incident, then the next tower as set forth
on the rotation list shall be called or dispatched to the scene. The
rotation list shall be as a result of the receipt and review of the
approval of the aforementioned applications. In the event that none
of the towers set forth on the rotation list are available or are
available to provide the appropriate services requested by the Township,
or if an emergency exists, the Township may request such services
from any other available source. During adverse weather conditions,
heavy traffic conditions or emergency conditions, the tower set forth
on the rotation list shall give priority to requests from the Township
over any other request which may be received by the tower. Notwithstanding
the establishment of a rotation list, no tower shall be called until
the Chief of Police or his designee has ascertained that the following
requirements have been met:
(1)
The insurance policies, as required, have been procured
and supplied.
(2)
The vehicle to be used for towing has been properly
licensed and inspected by the State of New Jersey and has the necessary
stickers affixed. No vehicle shall be licensed as a wrecker which
is using dealer plates or which has failed inspection.
(3)
The requirements of this chapter and all other laws,
statutes and ordinances have been met.
E.
Storage location. The vehicles must be towed to a
location containing a minimum storage area sufficient for the storage
of 50 vehicles. The applicant shall submit as part of the application
process proof that he owns or can lease the aforementioned minimum
storage area. For the convenience of the public and for investigative
purposes the storage area must be located within a five-mile radius
of police headquarters located at 984 Tuckerton Road, Marlton, New
Jersey (08053). If the tower has an option to lease the required storage
area, he shall submit with his application a copy of the lease agreement
containing the description, together with a copy of the survey of
the land. The lease shall extend to at least six months after the
termination of the tower's appointment. The surveys required herein
shall have set forth thereon a certification by the surveyor to the
Township as to the square footage within the storage area as surveyed.
Storage area shall meet the following requirements:
(2)
No towed vehicle may be parked upon the public street
and shall be stored by the tower within the storage area as hereinafter
defined.
(3)
The tower must provide access to the storage area
to the Police Department as needed on a twenty-four-hour-a-day basis.
(4)
The storage area shall accept all types of vehicles
and be able to hold at least 50 vehicles.
(5)
The entire land area shall be enclosed by a fence
of sturdy construction of at least six feet in height and shall be
secured with lighting.
(6)
The land used for storage is to be level and clear
from all debris and must be clearly marked.
(7)
The storage area shall be used for the storage of
vehicles awaiting a claimant or proper disposition. The land shall
not be used for storage of vehicles owned by the tower even if the
tower purchases same at an auction held on his premises. Vehicles
purchased by the tower at an auction held at the tower's storage facility
must be removed within the time frame specified on the advertisement.
(8)
The tower shall be responsible for each vehicle and
its contents in the tower's possession until final disposition and
removal as ordered by the Township. All vehicles, regardless of condition,
shall be stored singly and so arranged to permit inspection and subsequent
removal. Adequate walkway inspection space shall be provided at all
times.
F.
Violations.
(1)
If a tower is in violation of any terms of this chapter,
the Chief of Police shall notify the Township Manager and the Township
Manager shall notify the tower in writing. If the violation is not
corrected within 48 hours of the receipt of said written notice, the
Township Manager, upon recommendation of the Chief of Police, shall
terminate the tower's services and remove said tower from the rotation
list. Adequate grounds for termination of services shall include but
are not limited to a violation of the terms of this chapter, fraudulent
or inaccurate application information, unsatisfactory service, billing
irregularities, or the violation of any New Jersey Statute or regulation.
(2)
Complaints of any kind relative to service, overcharging,
theft of parts, damage to towed or stored vehicles, discourteous treatment
and the like shall be referred to the Chief of Police for investigation
and recommendation to the Township Manager, if necessary. Such complaints
may be cause for termination of the tower's services and removal from
the rotation list by the Township Manager.
G.
Records, inspection; release of vehicle. The tower
shall maintain a record of all vehicles towed, stored and released
by him pursuant to this chapter. Records shall be kept for a seven-year
period. The tower shall maintain a record provided by the police of
all property found anywhere in a towed vehicle, including the trunk
and glove compartment, if opened or if a key is available, and the
tower shall be responsible to safeguard and release the vehicle and
the contents left with the vehicle to the owner.
(1)
The tower is to notify the Chief of Police or his
designee, once a vehicle is towed, pursuant to this chapter, and has
been in the tower's possession for a period of seven calendar days.
(2)
The tower shall not release vehicles towed pursuant
to this chapter, without the claimant first obtaining a release from
the Police Department. In addition, the tower shall notify the Chief
of Police, or his designee, of the release of a vehicle towed pursuant
to this chapter within 24 hours.
(3)
Only the Chief of Police or his designee shall have
access to any part of the storage area at any time of the day or night
for inspection purposes, including both indoor and outdoor areas.
Authorized representatives of the Police Department or the Township
Manager or their designees shall have access to any of the records
required to be kept by the tower. Access to these records shall be
provided to the Chief of Police, Township Manager, or their designees,
upon their request during normal business hours.
(4)
The service, equipment and personnel of the tower
are subject to inspection and approval by the Township. The Township
reserves the right to have a qualified person or agency make such
inspections.
H.
Disputes and adjustments.
(1)
Any disputes over the interpretation of this chapter,
including the reasonableness of any fees assessed, shall be settled
amicably, if possible through negotiations between the tower, the
Police Department and the Township Manager.
(2)
In cases where the Township has been at fault in wrongfully
directing that a vehicle be towed, the tower may petition the Township
Manager for reimbursement of costs incurred in the towing and storage
of said vehicle.
I.
Standby service.
(1)
In addition to the service requirements of this chapter,
the tower shall be required to furnish extra towing equipment and
service during storm periods, periods of snow emergencies, traffic
emergencies, disasters, any acts of God and for any other reason when
so designated by the Township Manager, the Chief of Police or their
authorized representatives. During such periods which are herein referred
to as standby service periods, the tower shall be required to furnish
adequate equipment and service to be held ready to remove all types
of vehicles.
(2)
Standby service will begin when the Chief of Police
or his authorized designee calls the tower initially and will end
when he terminates the standby status by calling the tower.
(3)
The Township reserves the right, during any emergency,
to designate temporary areas owned or leased by the Township for the
storage of disabled vehicles in said area at the direction of the
Chief of Police or his designee.
A.
Removal. Vehicles shall be removed as follows:
(1)
Abandoned vehicles.
(a)
Abandoned vehicles as defined in Title 39 of
the New Jersey Revised Statutes shall be removed under the direction
and supervision of the Police Department on a twenty-four-hour-a-day
basis. All calls with respect thereto shall be answered within 20
minutes from the time of notification under normal conditions seven
days a week, anywhere within Township limits, unless the Police Department
determines it is not a threat to vehicle traffic or persons and could
be removed during regular business hours. Abandoned vehicles shall
be towed without charge to the Township to the aforementioned required
storage area and stored thereon for no longer than 90 days without
any charges or liens accruing against the Township. Abandoned vehicles
remaining after 90 days may be removed from the secured area provided
that a junk title has been applied for pursuant to the provisions
of Title 39.
(b)
The tower may be penalized $150 per day for
each abandoned vehicle not removed and towed within a reasonable amount
of time after notification by the Police Department and may be grounds
for termination of the tower's appointment.
(c)
The requirement to tow abandoned motor vehicles
shall only apply to public rights-of-way, easements, avenues and places
including public parks and playgrounds, and all quasi-public areas.
The owner of private property shall be responsible for the removal
of any unattended or disabled vehicles in accordance with the provisions
of N.J.S.A. 39:4-56.6 and shall employ a tower of their choice.
(d)
The Township retains the right to require that
the abandoned vehicle shall be towed to municipal property and to
retain any monies realized from the sale of such vehicles. The Township
shall pay the tower's reasonable fees as set forth in this chapter
for towing a vehicle sold in this manner from the proceeds of the
sale. Abandoned vehicles, not claimed by the owner or lien holder,
may be sold at public auction pursuant to the provisions of N.J.S.A.
39:10A-1 through 7. Prior to sale at auction of any abandoned vehicle,
the Township will obtain the appropriate junk title or certificate
of ownership for said abandoned vehicle from the Division of Motor
Vehicles.
(2)
Vehicles not abandoned.
(a)
All vehicles involved in accidents, disablements,
stolen vehicles, vehicles involved in suspected crimes and the like
shall be towed and stored under the direction and supervision of the
Police Department 24 hours a day, seven days a week. Vehicles shall
be available for release between the hours 9:00 a.m. to 5:00 p.m.,
Monday through Fridays, and 9:00 a.m. to 12:00 noon, Saturdays and
Sundays, except legal holidays. Sunday hours are optional; however,
no storage charge for Sunday shall be assessed if a vehicle is picked
up on Monday. The tower shall arrive at the scene of the accident
within 20 minutes under normal conditions after police notification.
Repeated late arrivals at the scene of accidents may result in the
termination of the tower's services as otherwise provided in this
chapter.
(b)
In the event that the tower has been summoned
by the Township for purposes of towing a vehicle and the owner of
the vehicle has also summoned his own tower and said tower arrives
on the scene prior to removal of the vehicle by the Township's tower,
then the owner is entitled to remove his own vehicle at no cost or
expense to the owner or the Township. There shall be no charge to
the Township for the tower appearing at the scene under said conditions.
B.
Storage. The tower shall store the abandoned and nonabandoned
vehicles in the storage area as required in this chapter. The vehicles
shall be stored until claimed by the owner or until auctioned by the
Township in compliance with state law or as otherwise to be disposed
of pursuant to state law. Vehicles to be removed shall be towed to
the tower's storage area or to Township property at the discretion
of the Police Department.
A.
The tower shall indemnify and hold harmless the Township
of Evesham from any and all claims against the Township of Evesham
arising out of the operation of any towing services or garage services
or storage services or repair services under this chapter. Liability
insurance shall include contractual liability of $1,000,000 combined
single limit.
B.
The tower shall carry workmens' compensation insurance
in accordance with the requirements of New Jersey state law. The tower
shall also carry public liability and property damage, contingent
liability insurance to indemnify the Township of Evesham and the public
against any loss due to injuries, accidents or damages of any character
whatsoever, where any such damage is the result of any act or omission
of the tower, his agents or employees in or due to the execution of
the work called for under this chapter. Such policies shall contain
the provision that 30 days' notice of change or cancellation be given
to the Township by the insurance company. Public liability insurance
limits shall be at least $500,000 per accident and be specifically
endorsed to provide collision insurance for vehicles in tow. In addition,
the tower shall have coverage for contractual liability and also name
the Township as an additional insured. All insurance required hereunder
shall remain in full force and effect for the period of the appointment.
C.
Appropriate bodily injury liability insurance with
$1,000,000 combined single limit. Automobile bodily injury liability
insurance with limits of not less than $500,000 for each person and
$1,000,000 for each accident and property damage liability insurance
with a limit of not less than $500,000 for each accident.
D.
Garage keeper's liability in an amount not less than
$60,000 per location; garage liability in an amount not less than
$1,000,000 combined single limit.
E.
Certificates of insurance showing that the tower and
the Township of Evesham are named as additional insured, in conformance
with the above, shall be furnished to the Township Purchasing Agent,
subject to approval of the Township Solicitor, and filed with the
Township Clerk. The certificates of insurance shall be delivered to
the Township Purchasing Agent.
A.
Generally.
(1)
Towing and storage charges and fees shall be in accordance
with N.J.S.A. 40:48-2.5 as well as the provisions of this chapter.
The Township shall not be responsible for the collection or payment
of any charges for the towing or storage of vehicles. The charges
and fees and rates applicable to services performed pursuant to this
chapter shall be posted in a conspicuous place visible to the public
at the tower's storage area and shall be presented to the owner of
a vehicle to be towed at the time of service. The tower shall prepare
an itemized bill in detail as to the actual services rendered and
present the bill to the claimant of a vehicle. Each bill shall contain
a statement that the claimant may file a complaint with the Township
with respect to charges. The Township will not be responsible for
charges due and owing from a claimant of a vehicle, nor will it assist
the tower in collecting such charges. Vehicles impounded as a result
of police investigations involving stolen vehicles or fatal accidents
will not result in storage charges; however, the Township reserves
the right to store such vehicles at a location of its choosing.
(2)
In the event the Township conducts an auction of unclaimed
abandoned vehicles pursuant to Title 39, the tower's bill for towing
and storage shall be an expense of possession and sale and shall be
paid from the proceeds of such auction. Each vehicle auctioned shall
be a separate item for purposes of this subsection. The title fee
for which the Township must pay to the State of New Jersey for title
certificates shall be paid by the purchaser at the auction even if
the tower is the purchaser and shall be in addition to the bid price
of each vehicle. In the event the Township determines to utilize the
provisions of Title 39 with respect to unclaimed vehicles, the tower
shall receive no compensation for its services.
(3)
The fee for towing a vehicle shall include the service
rendered from the scene where the vehicle is located to the storage
area and from the storage area to the curbline of the property on
which is located the storage area. There shall be no additional charge
for towing a vehicle from the storage area to the curbline for the
purpose of an owner of a vehicle towing the vehicle to a service station
or other repair shop or the person's home or other location. The charge
for towing includes any incidental and related costs such as disconnecting
and reconnecting a transmission. There shall be no additional charges
for any other services, including but not limited to waiting time,
debris removal, winching and additional labor when routine towing
services as provided for by this chapter are performed. The tower
shall be responsible for the cleanup and disposal of motor vehicle
fluids, in accordance with state law and accepted standards, and there
shall be no additional labor charges for this service. The tower may
charge the owner/operator for material used in the cleanup of motor
vehicle fluids. The tower may charge a fee for lockout service as
well as roadside assistance such as jump-starts, tire changes, and
providing gasoline for vehicles that have run out of fuel.
B.
Charges and fees. The charges, fees and rates for
vehicles to be towed and stored shall be as follows:
(1)
Flatbed and towing service pursuant to this chapter
which will include all towing/winching, labor and cleanup costs associated
with removal of the vehicle.
(a)
One hundred twenty dollars for any towing service
requested for automobiles, motorcycles, motor scooters, mopeds and
trucks under 2.5 tons.
(b)
One hundred fifty dollars for trucks 2.5 tons
to five tons.
(c)
Two hundred dollars for trucks over five tons,
buses, tractor trailers, heavy equipment.
(4)
Storage.
(a)
There will be no charge for storage for any
vehicle removed within the first 24 hours of the time the vehicle
is towed. For a vehicle towed on Saturday, there will be no charge
for storage if the tower elects not to have business hours on Sunday
provided that the vehicle be removed by close of business on Monday.
(b)
Automobiles, trucks under 2.5 tons, motorcycles,
mopeds and motor scooters will be charged $15 per business day for
storage after the first 24 hours.
(c)
Trucks 2.5 to five tons will be charged $18
per business day for storage after the first 24 hours.
(d)
Trucks, tractor-trailers, buses and heavy equipment
over five tons: $35 per business day after the first 24 hours.
(e)
Fees billed to the Township for vehicles removed
at the Township's direction will be consistent with N.J.S.A. 40:48-2.50
and shall not exceed the following:
[1]
A limit of $3 per day for the first 30 days
of storage per vehicle.
[2]
A limit of $2 per day for day 31 of storage
and any day thereafter.
[3]
A limit of $400 per vehicle stored regardless
of the duration of the storage except that a waiver may be granted
for good cause upon the request of the municipality by the Division
of Local Government Services in the Department of Community Affairs.
(5)
Road service; vehicle lockout service: daytime rate:
$35; nights, weekends and holidays: $45.
(6)
Administration fee.
[Added 6-21-2016 by Ord.
No. 12-6-2016]
(a)
All vehicles towed by licensed wreckers at the request of the
Police Department are subject to an administration fee of $20 prior
to being released by the wrecker company.
(b)
This administration fee will not apply to vehicles which were
towed solely as the result of a motor vehicle collision, or if the
vehicle was towed as the result of criminal activity and the vehicle
and/or owner/driver was the victim.
(c)
The administration fee will be collected by the Police Department
prior to the vehicle being released by the wrecker company. The vehicle's
owner or driver will report to the Police Department's front
desk and speak with the Administrative Clerk. The Administrative Clerk
will confirm with the tow log, the reason for tow and the location
of wrecker company responsible for the tow. The Administrative Clerk
will also verify the individual picking up the towed vehicle is a
licensed driver and the reason for the tow has been corrected. Once
the Administrative Clerk confirms the above information, he/she will
collect the administration fee of $20 (cash only) and provide the
driver with a tow release receipt. The tow release receipt must be
presented to the wrecker company prior to the vehicle's release.
All fees owed to the wrecker company must be settled between the wrecker
company and the vehicle's owner or designee.
(d)
After collecting the administration fee, the Administrative
Clerk will deposit the monies, and the driver/owner of the vehicle
will sign the tow release sheet. The Administrative Clerk will keep
a copy of the signed tow release sheet along with a copy of the driver's/owner's
driver's license.
C.
Specialized equipment. In cases where the tower must
hire laborers or rent or utilize specialized equipment not specified
in this chapter, all reasonable charges therefor shall be paid by
the owner of the vehicle, after the owner of the vehicle or his agent
has given his prior written consent thereto, except where said vehicle
is deemed a hazard to health or safety, whereupon said vehicle will
be removed by the direction of the Chief of Police or his designee,
with the owner then being responsible for all personnel, equipment
and labor costs. The Chief of Police or his designee shall determine
the necessity for specialized equipment.
D.
Unloading of goods. In the event that it is necessary
to unload a vehicle, which has been used for transportation of goods
prior to towing, an agreement shall be reached between the tower and
the owner of the vehicle or the owner's agent or representative as
to the charge for said service. No written agreement is necessary
in an emergency situation and the Chief of Police or his designee
shall determine when an emergency exists.
