For reference purposes, this chapter shall be
known as the "Towing, Road Service and Storage of Vehicles Ordinance
of the Township of Hanover."
The purpose and intent of this chapter is to
provide criteria and standard operating procedures that are reasonably
nonexclusionary and nondiscriminatory in the selection and use of
towing operators, on a rotational basis, for providing towing, road
services and the storage of vehicles, including but not limited to
the towing of vehicles that are abandoned, disabled, illegally parked
or stolen, vehicles involved in accidents and/or those vehicles suspected
or identified by the Township as being involved in criminal activities.
As used in this chapter, the terms listed below
shall be defined as follows:
BASIC TOWING SERVICE
The removal and transportation of a vehicle from a highway,
street or other public or private road, parking area or storage facility.
This chapter, and the definition herein, shall not include the recovery
of a vehicle from a position beyond the public right-of-way or berm
or from being impaled upon any other object outside of the public
right-of-way or berm.
DISABLED VEHICLE
A vehicle which has been abandoned, impounded or rendered
inoperable as a result of a mechanical failure, involvement in an
accident or criminal activity. A vehicle, the location of which constitutes
a hazard to the motoring public, shall be deemed "disabled" for the
purposes of this chapter.
IMPOUNDMENT
The act of storing and confining a vehicle upon an order
of the Police Department at either the towing operator's storage area
or at a Township facility as a result of abandonment, involvement
in an accident or suspected criminal activity.
INSIDE BUILDING STORAGE FACILITY
A vehicle storage facility that is completely indoors, having
one or more openings or storage bins in the walls for the storage
of vehicles and that is secured by a locking device on each bin or
opening.
OUTSIDE SECURED STORAGE FACILITY
A vehicle storage facility that is not completely indoors
and that is secured by a fence, wall or other man-made barrier that
is at least six feet in height and is protected with on-site security
or an alarm system. Outside storage facilities shall also maintain
adequate lighting to protect stored vehicles from vandalism.
OUTSIDE UNSECURED STORAGE FACILITY
A vehicle storage facility that is not indoors and is not
secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside a building or outside
secured.
OWNER
A person, firm, corporation or partnership who owns and/or
operates a vehicle on the roads and highways within the Township of
Hanover, which vehicle, by reason of being disabled or abandoned on
the roads and highways of the Township, requires towing and/or storage.
TOWING OPERATOR
A person, firm, corporation or partnership engaged in the
business of providing towing, road and storage services for vehicles.
TOWING/WRECKER VEHICLE
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying or removing any and all
kinds of vehicles or parts of vehicles which are unable to be operated
under their own power. Such "towing vehicles" or "wreckers" means
only those vehicles that are equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles or other vehicles.
The Chief of Police and the Police Department
are hereby designated to administer and enforce all provisions of
this chapter.
It shall be the responsibility of the Chief
of Police, or his/her designee, to approve all applications for towing
operators to be utilized on a rotational basis for the purpose of
providing emergency towing, road and storage services to the owners
of motor vehicles utilizing Township roads when he/she determines
that the following requirements have been met by the applicant. On
forms prepared by the Township, and provided by the Chief of Police,
or his/her designee, all towing operators shall submit written documentation
that they are in compliance with the qualification requirements set
forth below and those set forth by the New Jersey Division of Consumer
Affairs.
A. Submission of certificate of insurance. All towing
operators shall submit a certificate of insurance to the Chief of
Police, which certificate shall name the Township as an additional
insured. The certificate shall provide evidence that the towing operator
carries the following insurance coverages:
(1) Comprehensive general liability: in minimum limits
of $500,000/$500,000 for bodily injury and $500,000/$500,000 for property
damage.
(2) Automobile liability: coverage in minimum limits of
$500,000 per accidental occurrence and in the aggregate for bodily
injury and property damage. This insurance must also include adequate
coverage to protect the owners of private vehicles that are in the
care, custody and control of the towing operator. Said coverages must
provide at least $10,000 in minimum coverage for any damages or losses
arising out of theft to vehicle contents, the vehicle itself or to
losses due to fire or explosion.
(3) Excess liability (umbrella form): a minimum of $500,000/$500,000
for bodily injury and property damage combined.
(4) Workers' compensation: Coverage A, statutory; Coverage
B, $100,000 for each accident, with a $500,000 policy limit, and $100,000
for each employee.
B. Indemnification. The towing operators agree that to
the fullest extent permitted by law they shall defend, indemnify and
hold harmless the Township from and against any and all claims, suits,
judgments and demands whatsoever, including without limitation cost,
litigation expenses, counsel fees and liabilities with respect to
injury to or death of any person or persons whatsoever or damage to
property of any kind by whomever owned arising out of or caused or
claimed to have been caused, in whole or in part, by the negligent
acts or omissions of the towing operators or any other person directly
or indirectly employed by the towing operators while in the performance
of rendering any services pursuant to the scope of this chapter.
C. As a safeguard to protect the personal safety of customers,
all tow company owners and their employees who are engaged in towing
shall be subject to criminal background checks. The Chief of Police
shall have the discretion to disqualify a tow company employee based
on the results of his/her criminal history background check. Additionally,
if it is determined that a tow company has violated any of the provisions
related to criminal history background checks, the Chief of Police
may, in his/her discretion, remove the tow company from the approved
tow company list.
[Amended 12-8-2022 by Ord. No. 30-2022; 2-9-2023 by Ord. No. 1-2023]
Following the approval of applications by the
Chief of Police, it shall be his/her responsibility to establish a
towing operators' rotational duty service list. The Police Department
shall call the towing operators in sequential order as set forth by
the Chief so that each towing operator will be given the opportunity
to respond to individual calls as received by the Township. The Police
Department shall have the right to call the next towing operator on
the list should a towing operator fail to respond to a call within
20 minutes.
Any person, firm or corporation who willfully
violates any of the provisions of this chapter shall, upon conviction,
be subject to a fine not exceeding $1,250 or to imprisonment for a
term not exceeding 90 days, or both. Each and every violation of this
chapter or each and every day that any violation occurs shall be construed
as a separate and distinct violation hereof. The Police Department
is specifically designated as the enforcement agency to serve and
execute process for violation of this chapter.