[HISTORY: Derived from Sections 4-4.5 through 4-4.14 of the 1972
Revised General Ordinances, as amended through 10-1-1998. Subsequent noted
where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 170.
It is the intention of these specifications to describe the requirements
for the towing by private towing firms of abandoned, disabled, illegally parked
vehicles, stolen vehicles, vehicles involved in accidents within the Township
of Hardyston, vehicles suspected of involvement in crimes located within the
Township of Hardyston and other vehicles identified by the Hardyston Township
Police Department when requested by the Police Department of the Township
of Hardyston, New Jersey.
Towing companies shall agree to provide the Township of Hardyston Chief
of Police, or his or her designee, with the following information prior to
being considered for placement and inclusion on a list of available towing
companies to be selected and used on a rotating basis:
A.
Towing companies must provide to the Township of Hardyston
Police Department a detailed listing of the equipment to be utilized during
the term of any agreement for towing/wrecker services to be executed between
the Township of Hardyston and towing companies. The listing shall include
the following information: Type of vehicle(s), storage location for vehicle(s)
and whether vehicle(s) is owned or leased. All leased and rented equipment
must be permanently located at the contractor's place of business or residence,
provided that such location is in conformity with state law, federal law and
local ordinances. Equipment to be used under this chapter which does not meet
these minimum standards shall not be used during the term of an agreement.
The towing companies will be solely responsible for the safety, maintenance
and operation of each piece of equipment utilized or required during the term
of an agreement.
B.
Towing companies shall be required to operate towing
vehicles in compliance with all applicable state and federal statutes and
regulations and within the vehicle manufacturer's design specifications.
C.
Towing companies shall carry on or within each vehicle
four one-gallon containers of Speedi-Dri or an acceptable substitute for spreading
on and around spilled antifreeze or other automobile fluids at the scene to
safeguard against slippery road conditions for police and first aid vehicles,
passing vehicles and similar vehicles. The Speedi-Dri or an acceptable substitute
shall later be dissipated in accordance with hazardous waste disposal regulations
by the towing operator.
D.
Towing companies shall be responsible for cleanup of
all broken glass and debris at the scene of accidents or when called to a
scene in accordance with N.J.S.A. 39:4-56.8.
E.
To be prepared to carry out the requirements of Subsection D above, each and every towing company vehicle will carry a broom, shovel and waste receptacle.
F.
Towing companies must ensure that all of their employees
and authorized agents follow the instructions and/or orders of the police
officer from the Hardyston Township Police Department at towing scenes.
A.
Each approved towing company shall enter into the approved
form of written agreement to perform services in accordance with this chapter
in order to be included on the list of authorized towing companies.
B.
No part of any towing agreement shall be assigned, leased,
sublet or otherwise disposed of by towing companies, except with the prior
written approval of the Township of Hardyston Police Chief or his or her designee.
C.
The towing companies shall agree to provide, upon request,
current lease agreements for any storage lot/facility used and towing companies
agree to notify the Township of Hardyston Police Department, in writing, if
any of the enclosed items are changed or altered. Failure to comply with this
provision will result in the immediate cancellation of an agreement.
D.
The Township of Hardyston Police Department will have
the right to perform a background check of the towing companies' owner(s),
employees and/or officers, and the conviction of a high misdemeanor of any
such principals will disqualify the towing company and its employees from
eligibility for inclusion on a rotation wrecker list, unless waived by the
Chief of Police.
E.
The drivers' license numbers, names, dates of birth of
all towing company drivers, the registration numbers of the towing companies'
vehicles to be used and their descriptions and functioning mechanisms, i.e.,
rollback, heavy duty, light wrecker, etc., and appropriate permits, i.e.,
special lights, shall be provided in accordance with Title 39.
F.
Township companies shall be responsible for responding
immediately upon dispatching by the Hardyston Police Department and for arriving
within a reasonable period of time with due consideration given for traffic
and weather conditions and any other conditions that might affect the ability
of the towing company to respond. If the towing company does not respond within
a reasonable time, the next towing company on the rotating list may be called.
The decision as to whether the towing company has responded within a reasonable
period of time shall be at the discretion of the Hardyston Police Department.
G.
The towing companies must be within legal traveling and
response time of 10 minutes upon being dispatched by the Township of Hardyston
Police Department. Exceptions for unusual traffic conditions will be recognized.
If the towing company does not respond within 10 minutes upon being dispatched
by the Township of Hardyston Police Department or within a reasonable time
after being dispatched if unusual traffic conditions exist, the Township of
Hardyston Police Department shall, without notice, have the right to dispatch
the next towing company on the rotating list.
H.
Towing companies shall provide written proof of at least
one year of experience in the towing of vehicles and must abide by all requirements
hereof.
I.
Towing companies must maintain a recordkeeping system
as required by the Township of Hardyston Police Department and the laws of
the State of New Jersey. At a minimum, such record keeping system shall include
the form designated at H.T.P.D. #15 which shall be completed and maintained
to the best of the ability of each towing company without neglect.
J.
Towing companies shall prepare an invoice for towing
charges for each vehicle towed, consistent with the State of New Jersey fees,
where applicable.
K.
Records of towing companies pertaining to towed vehicles
shall be maintained for a period of four years.
L.
All drivers for the towing companies shall be a minimum
of 18 years of age or older.
M.
Towing companies agree that the Township of Hardyston
may make periodic drivers' license checks, registration checks, background
checks and insurance checks.
N.
Towing companies covenant and agree to comply with all
federal laws, state laws and local ordinances governing operation of vehicles,
towing of vehicles and storage areas.
A.
The rates applicable to towing services performed under
the guidelines of the State of New Jersey shall be posted in a conspicuous
place, at the towing companies' facilities.
B.
Complaints of any kind relative to services, overcharging,
theft of parts, damage to towed or stored vehicles and the like shall be referred
to the Chief of Police for investigation.
(2)
The penalty set forth in Chapter 1, Article II, of this Code shall not be applicable to violations determined by the Chief of Police under this section.
(3)
Towing companies permanently revoked from the rotating
list by the Chief of Police may request a hearing before the Township Council
to appeal said revocation.
C.
In such cases, an appeal may be filed with the Township
Clerk within 10 business days of the imposition of the penalty. A hearing
may be held by the Hardyston Township Council within 30 days of the filing
of such an appeal. The Hardyston Township Council shall render its determination
within 30 days following the conclusion of the hearing. The governing body's
decision shall be final and conclusive.
A.
The Township of Hardyston Police Department will not
be responsible for any charges due or owing towing companies, nor will it
assist the towing companies in collecting any charges. Specifically, the township
will not be responsible to reimburse towing companies for towing services
in connection with towing of vehicles which are abandoned or disabled, or
from which towing companies are unable to obtain towing service fees from
vehicle owners in accordance with N.J.S.A. 39:4-56. However, the township
will make good faith efforts to auction abandoned vehicles and other vehicles
for which towing companies have not received payment for services under any
agreement, consistent with appropriate state law. In the event that an auction
occurs on such vehicles and money is received, the towing companies shall
be paid their towing fee for such vehicles from the proceeds of the auction,
provided that the amount received at auction is equal to or greater than the
towing fees due. If that is not the case, towing companies shall receive the
auction proceeds and the Township of Hardyston shall have no obligation to
pay towing companies any difference due in accordance with N.J.S.A. 39:10A-5.
B.
In cases where the Township of Hardyston Police Department
mistakenly directed that a vehicle be towed or has acted on incorrect information
furnished by other official sources, the towing companies shall be reimbursed
by the Township of Hardyston for minimum towing fees only as stipulated by
New Jersey Statutes.
A.
The towing companies grant the Township of Hardyston
Police Department the right to inspect the proposed vehicle impound area at
any time chosen by the Police Department without prior notice to or acceptance
of the towing companies.
B.
All towing companies are prohibited from piling stored
vehicles or parking towed vehicles on public streets and sidewalks.
C.
The Township of Hardyston reserves the right during an
emergency to designate temporary areas owned or leased by the township for
storage of disabled vehicles in said area at the direction of the Chief of
Police or his or her designee.
In all dealings with the public in connection with their agreements,
representatives of the towing companies are expected to act in a professional
manner at all times and to be courteous and respectful to members of the public.
While members of the public, especially those whose vehicles may have been
towed or impounded, may at times resort to strong language, threats or unbecoming
behavior that may be directed to the representatives of the towing companies,
such towing company representatives are expected to exercise restraint and
shall not respond in kind, thereby causing an unfavorable reflection of their
business. If such circumstances occur, the Township of Hardyston Police Department
should be contacted to keep the peace.
The owner of any vehicle towed shall have the right to remove personal
property belonging to him or her from the stored vehicle (unless a "police
hold" is marked on the towing form), upon mutual agreement of the towing company
and the owner of the vehicle. Belongings removed after the vehicle is stored
will be so noted on towing/impound form (H.T.P.D. #15), with date, time and
initials of owner and tow company representative.
A.
Towing companies shall be responsible for any damage
occasioned to utility poles, guide wires, telephone lines, etc., damaged in
their recovery of vehicles.
B.
Towing companies will indemnify and hold the Township
of Hardyston harmless from any and all claims for personal injury or property
damage against the Township of Hardyston arising out of the operation of the
towing services or repair services performed under their respective agreements.
Towing companies will further defend the Township of Hardyston at the expense
of the towing companies, in connection with any claim, demand, suit or action
brought against the town and arising out of the operation of any towing, garage
or repair services under any agreement.
C.
Towing companies further agree to indemnify and hold
the Township of Hardyston harmless for any damages or losses sustained to
any vehicle or its contents while such vehicle is in the possession of or
under the control of a specific towing company; said indemnification shall
include but not be limited to the defense of all lawsuits relating to the
towing of any vehicle by any party, the payment of any judgments relating
therefrom against the township and the cost of the suit, including investigation
costs.
A.
Insurance coverage shall indemnify the Township of Hardyston
and the public against any loss due to injuries, accidents or damages of any
character whatsoever where such damage is the result of an act or omission
on the part of towing companies, their agents or employees, in or due to the
execution of the work called for under the respective agreements between the
Township of Hardyston and towing companies.
B.
On all liability policies required of towing companies,
the Township of Hardyston shall be named as an additional insured and insurance
certificates shall indicate such coverage.
C.
All insurance required shall contain a clause indicating
that the Township of Hardyston Police Department, P.O. Box 715, Stockholm,
New Jersey 07460, shall be notified of any changes, cancellations, etc.
D.
Towing companies are required to purchase and maintain
comprehensive general liability insurance, comprehensive automobile liability
insurance and workers' compensation insurance with limits of not less than
those set forth below:
(1)
Comprehensive general liability insurance. The limits
of liability shall not be less than $500,000 for combined single limits (bodily
injury and property damage) per occurrence and aggregate, including premises,
operations and products/completed operations.
(2)
Automobile liability insurance. The limits of liability
shall not be less than $500,000 for combined single limits (bodily injury
and property damage) per occurrence. Note: Liability insurance policies shall
be specifically endorsed to provide collision insurance for vehicles in tow.
(3)
Workers' compensation insurance. Statutory coverage including
liability coverage with a limit of at least $100,000. Excess umbrellas in
the amount of $1,000,000 giving protection in excess of $500,000 general and
automobile liability coverage.
E.
F.
Towing companies companies permanently revoked from service
may request, in writing to the Township Clerk, a hearing before the Township
Council to appeal the permanent revocation.
