[HISTORY: Adopted by the Township Committee
of the Township of Hanover 5-12-2005 by Ord. No. 17-2005.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 255, Towing and Road Service, adopted 10-24-1991 by Ord.
No. 30-91.
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:
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.
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.
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.
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.
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.
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.
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.
A person, firm, corporation or partnership engaged in the
business of providing towing, road and storage services for vehicles.
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]
A.
Any person, firm, corporation or partnership operating
a towing and storage business shall endeavor to maintain a principal
place of operation within the Township as a property taxpayer. In
maintaining a principal place of operation within the Township, any
person, firm, corporation or partnership operating a towing and storage
business shall conform to a legally approved zoning and/or site plan
and shall comply fully with all of the Township's Zoning, Land Use
and Property Maintenance Codes.[1] Failure to comply with the Township's Zoning, Land Use
and Development Regulations, and Property Maintenance Codes may subject
any operator to suspension from the rotational duty service list upon
request to the Chief of Police from the Township's Construction Official/Zoning
Officer and/or Property Maintenance Officer.
B.
Nothing herein shall preclude a towing operator from
storing his towing vehicles and equipment at another location outside
the boundaries of the Township.
C.
All towing operators shall have a storage facility which can accommodate a minimum of five medium-sized vehicles. The storage facilities shall be lighted, fenced and/or secured in order to guarantee the safe storage of all vehicles in accordance with the minimum requirements for indoor and outdoor secured and unsecured storage facilities as defined under § 255-3 above.
D.
In addition to other equipment which is necessary
for the safe performance of towing, emergency road and storage services,
all towing operators must own and have available at least one conventional
tow truck and/or one flatbed truck and/or one heavy-duty tow truck.
E.
All towing operators' trucks must be equipped with
either two-way radios and/or mobile telephone communications equipment
with their principal places of business, including their garages and/or
facilities, to ensure the proper availability of services and equipment
on behalf of the Township and motorists.
F.
All towing operators' trucks shall be equipped with
brooms, shovels and any other street-sweeping equipment for the purpose
of clearing debris off the roadways. The towing operator shall at
the time of removing any motor vehicle in response to a police request
remove from the public or private roads or highways any motor vehicle
debris or material in the area surrounding the vehicle in accordance
with N.J.S.A. 39:4-56.8, except for any debris or material which may
be hazardous, such as oil, gasoline, kerosene or other petroleum or
chemical products. The cleanup of debris, other than hazardous materials,
shall be performed by the towing operator, without charge to the Township
of Hanover or the vehicle owner.
G.
The towing operator's wrecker(s) and all other vehicles
shall be properly licensed and registered with the New Jersey Motor
Vehicles Commission (NJMVC), in accordance with N.J.S.A. 39:3-84,
including the proper display of a valid marker or license plate issued
by the NJMVC.
H.
All towing operators shall have facilities and equipment
that will ensure and guarantee the furnishing of prompt and efficient
services for all standard passenger automobiles.
I.
The towing operator's company name, address and telephone
number(s) shall be prominently and permanently displayed on both sides
of all wreckers and other tow vehicles.
J.
All towing operators selected to serve on a rotational
basis must guarantee the availability of all services to the Police
Department seven days a week, 24 hours a day. In this respect, a towing
operator shall immediately respond to any type of towing, emergency
road service or storage call with the appropriate vehicle and/or equipment
within 20 minutes after receipt of telephone notification from the
Police Department's dispatcher/desk officer. Unless heavy or unusual
traffic conditions within the Township prevent a towing operator from
arriving at the scene within 20 minutes, failure to respond within
the time frame shall be considered a breach of this chapter. In the
event that a towing operator fails to respond within 20 minutes from
the time of the call, the Police Department reserves the right to
contact the next available tow operator on the rotational list.
K.
In times of emergencies and/or natural disasters,
the Township of Hanover reserves the right to contact other towing
service operators who may not be on the rotational list.
L.
The owner of a vehicle in need of a tow shall have
the right, if he/she so desires, to designate a towing operator of
his/her choice, provided the vehicle is in a safe location and is
not impeding the normal flow of traffic. The officer on scene shall
make the determination as to scene safety. All such requests will
be noted on the vehicle tow log by the Police Communications Desk
operator.
M.
Employees of the towing operator, in responding to
a call, shall request and be afforded police assistance during the
course of providing towing, emergency road service or removal of abandoned
or accident vehicles, when such employees find it necessary to turn
around, back up, tow in the opposite direction of traffic or cross
the median.
N.
A towing operator shall not permit a vehicle to be
removed from the site of a vehicular accident, the scene of a crime
or any other instance or situation without the prior approval and
permission of a police officer and/or superior at the scene.
O.
No towing company will allow the release of any impounded
vehicle without first obtaining a completed copy of an approved release
form provided by the Township of Hanover Police Department.
A.
The rate schedule set forth below shall take effect
on the date the notice of adoption for Ordinance No. 17-2005 is published
in the Hanover Eagle and Regional Weekly News. If a new rate schedule
is not adopted by the governing body on or before December 31, 2008,
the rates for 2008 shall remain in full force and effect until the
2008 rate schedule is superceded and amended by ordinance. The fees
described in the rate schedule for conventional and heavy-duty tows,
storage, recovery/winching and road service are the maximum permitted
charges that shall apply to the towing and/or storage of passenger
automobiles or other vehicles. Tow operators transporting multiple
passenger cars at one time shall receive the applicable fees for each
vehicle transported. All the fees noted in the rate schedule shall
be in effect 24 hours a day, seven days a week.
B.
It shall be the responsibility of all towing operators
to provide all motorists utilizing the towing operator's services
with a written schedule of fees which lists in full all fees to be
charged for towing, storage and road service within the Township of
Hanover. Towing operators shall not exceed the maximum charges set
forth on the fee schedule for towing and the storage of vehicles regulated
under the provisions of this chapter.
C.
The towing and storage fee schedules of all towing
operators serving the Township on a rotational basis shall be filed
with the Chief of Police and the Township Clerk/Administrator and
shall be made available to any citizen upon request. The fee schedules
shall be available at the Police Headquarters' Communications Desk,
located at 1000 Route 10 in Whippany, seven days per week, 24 hours
per day.
D.
In addition, the Chief of Police and the Business
Administrator/Township Clerk shall be informed, in writing, at least
10 business days prior to the amendment of any tow operator's towing
and storage fee charges. Under no circumstances shall any amendments
exceed the maximum amounts for towing and storage as described below.
E.
In no instance shall the towing operator request payment
from the Township of Hanover for any services rendered to the owners
of private vehicles except, however, in those cases where the Police
Department authorizes the removal of a Township-owned vehicle or a
vehicle that is abandoned or related to criminal activity.
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Rate Schedule
[Amended 12-10-2009 by Ord. No. 22-09; 8-14-2014 by Ord.
No. 34-14; 12-14-2017 by Ord. No. 28-2017; 11-14-2019 by Ord. No.
40-19; 12-8-2022 by Ord. No. 30-2022; 2-9-2023 by Ord. No. 1-2023]
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The following constitutes the maximum permitted rates that may
be charged.
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|
2023
|
2024
|
2025
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|---|---|---|---|
|
Conventional tow
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|
Tow
|
$115.25
|
$117.50
|
$119.90
|
|
Mileage - per mile
|
$4.95
|
$5.50
|
$5.60
|
|
Flatbed
| |||
|
Tow
|
$128.50
|
$131
|
$133.60
|
|
Mileage - per mile
|
$4.95
|
$5.50
|
$5.60
|
|
Heavy duty
| |||
|
Conventional tow
|
$359 p/h
|
$366 p/h
|
$373 p/h
|
|
Storage
| |||
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Inside secure
|
$51
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$52
|
$53
|
|
Outside secure
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$41
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$42
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$43
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|
Outside unsecure
|
$35
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$36
|
$37
|
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Recovery/winching
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Passenger vehicles/pickups minor-return to road
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Not to exceed $143
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Not to exceed $146
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Not to exceed $149
|
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Heavy duty-minor
|
$158 plus $107 p/h
|
$161 plus
$109 p/h
|
$164 plus
$111 p/h
|
|
Passenger vehicles/pickups major-rollover, downhill
|
$76.50 plus $177.50 p/h
|
$78 plus
$181 p/h
|
$79.50 plus
$184 p/h
|
|
Heavy duty-major
|
$160 plus $176.50 p/h
|
$163 plus
$180 p/h
|
$166 plus
$183
|
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Road service
| |||
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Gasoline
|
$86.75 plus gasoline
|
$88.50 plus gasoline
|
$90.25 plus gasoline
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Tire change-flat fee
|
$75.50
|
$77
|
$78.50
|
|
Jump start - flat fee
|
$85.50
|
$87
|
$88.75
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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.
A.
The Chief of Police is hereby authorized to establish
reasonable rules and regulations for the supervision, inspection and
safe operation of tow trucks, wreckers and other related vehicles
and equipment in accordance with the standards outlined in this section.
The Chief shall maintain due vigilance over all towing operators to
make certain that the tow trucks and other related vehicles and equipment
are maintained in a safe working condition for transporting and hauling
disabled vehicles. The Chief or his/her duly designated representative
shall have the right at all times to inspect all towing vehicles and
related equipment which perform services pursuant to this chapter.
B.
At any time, should the Chief or his/her designee
determine that the vehicles and/or equipment being used are unsafe,
he shall have the power and authority to direct the immediate correction
or repair of any automotive defect, malfunction or violation of motor
vehicle regulations within a specified period of time to be determined
by the Chief. The Chief of Police is authorized and empowered to establish
and transmit from time to time to all tow operators on the rotational
list such additional rules and regulations not inconsistent with the
provisions of this chapter as may be reasonable and necessary in carrying
out the provisions of this chapter.
A.
The Chief of Police shall have the power to suspend
a towing operator from the rotational duty service list for a period
of up to 30 calendar days for failure to comply with any section of
this chapter. A subsequent violation may result in the permanent removal
of a towing operator from the rotational duty service list for a twelve-month
period. A towing operator may appeal the Chief's ruling of either
a suspension or a permanent removal. In such cases, an appeal may
be filed with the Township Clerk within 10 business days of the Chiefs
decision. A hearing may be held by the Hanover Township Committee
within 30 business days of the filing. The Hanover Township Committee
shall render its determination within 20 business days following the
conclusion of the hearing. The governing body's determination as rendered
shall be final and conclusive under this chapter.
B.
In addition, failure to comply with the Township's
Zoning, Land Use and Property Maintenance Codes[1] may subject any operator to suspension from the rotational duty service list upon request to the Chief of Police from the Township's Construction Official/Zoning Officer and/or Property Maintenance Officer. Any towing operator suspended from the rotational duty service list for any violation of the Township's Zoning, Land Use and Development and/or Property Maintenance Codes shall have the right to due process and appeal as set forth in Subsection A above.
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.
