Township of Long Beach, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach 5-18-2001 by Ord. No. 01-5C.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 189.
Recreational vehicles — See Ch. 193.
Zoning — See Ch. 205.
[1]
Editor's Note: This ordinance also repealed former Ch. 183, Towing and Storage, adopted 7-17-1998 by Ord. No. 98-20C, as amended 8-4-2000 by Ord. No. 00-8C.
The purpose of this chapter is to establish, pursuant to N.J.S.A. 40A:11-5(1)(u), a list of towing contractors to provide towing services for the Township of Long Beach on a rotating basis and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations governing operators engaged in the removal of motor vehicles.
The following words and terms, when used in this chapter, have the following meanings, the context clearly indicates otherwise:
ABANDONED VEHICLE
Any vehicle which has remained on or along any highway or other public property of the Township of Long Beach or on private property in the Township of Long Beach without such consent for a period of more than 48 hours or for any period without current license plates or an automobile positioned so as to constitute an obstruction to traffic.
AUTOMOBILE
A passenger vehicle, motorcycle, sport utility or station wagon type that is owned or leased and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body or delivery sedan, a van or a panel truck-type or a camper-type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in occupation, profession or business of the owner(s).
BASE OF SERVICE
The location where the towing contractor stores its tow vehicle(s).
BASIC TOWING SERVICE
The removal and transportation of an automobile to the contractor's base of service at the request of the Township Chief of Police or authorized personnel or members of the Township Police Department, unless otherwise requested, as may be required when abandoned, disabled, damaged in accidents, illegally parked, recovered after being stolen or in cases of emergency from a highway, a street or other public or private road or a parking area or from a storage facility or other services normally incident thereto in the Township of Long Beach. However, this does not include recovery of an automobile from a position beyond the right-of-way or berm or from being impaled on any other object within the right-of-way or berm or winching or recovery services.
CHIEF OF POLICE
The Chief of the Police Department of the Township of Long Beach or his/her designee.
INSIDE BUILDINGS
A vehicle storage facility that is completely secured indoors, having one or more openings in the walls, for storage and removal of vehicles.
MOTOR VEHICLE ACCIDENT
An occurrence in which a motor vehicle comes into contact with any other object for which the motor vehicle must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the owner or operator of the motor vehicle even if caused by the intentional acts of a perpetrator where the perpetrator was not the owner or operator of the motor vehicle.
OFFICIAL TOWER
A licensed individual or entity placed upon the Township of Long Beach's rotating list that performs towing services for the township.
OUTSIDE STORAGE
An automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six feet high.
OWNER OF MOTOR VEHICLE
A person who holds the legal title of a vehicle or, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or licensee or lessee or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee or mortgagor is deemed the owner for the purpose of this chapter.
PUBLIC PROPERTY
Includes any street, avenue, park, parkway, highway or other public place, whether or not the same is improved.
PUBLIC ROAD OR HIGHWAY
Every street, road or highway which is open to the public for purpose of vehicular travel in the Township of Long Beach.
STORED SERVICES
The maximum allowable amount of storage charges to be charged per twenty-four-hour period or fraction thereof. Each new twenty-four-hour period begins at 12:01 a.m.
TOW VEHICLE
A road tractor or truck tractor or vehicle equipped with boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal or transport of motor vehicles.
TOWED VEHICLE
A motor-drawn vehicle, pole trailer, semitrailer or trailer.
TOWNSHIP
The Township of Long Beach, Ocean County, New Jersey, the governing body of which is the Township Board of Commissioners.
TOWNSHIP STORAGE FACILITY
A storage area or lot owned by the Township of Long Beach.
A. 
There is an established rotating list of towing and storage contractors authorized to provide vehicle towing and storage services as required by the Township of Long Beach. The Chief of Police and/or Municipal Clerk will be responsible for the administration of the rotating list. Nothing in these rules and regulations prevents any owner or operator of an automobile from selecting his own towing service. Based upon the traffic volume and number of accidents within township borders, the governing body deemed it necessary for the interest and welfare of its inhabitants to have at least four official towers on its rotating list. However, in order to protect the interest and welfare of its inhabitants, the township reserves the right to add additional towing contractors to the established list if the volume of traffic and number of accidents increase.
B. 
If the Township of Long Beach deems it necessary to appoint one or more additional towers to the rotating list:
(1) 
The appointed persons or companies will be known as "official towers."
(2) 
Official towers will be identified by means of a license issued in accordance with the provisions of this chapter.
(3) 
The award of a license to an applicant is subject to compliance with the license requirements of the chapter.
(4) 
For purposes of this chapter, the four established official towers and any additional towing contractors will submit applications no later than November 1, 2001, for a three-year license commencing on January 1, 2002. Licenses issued thereafter will be for a three-year period commencing on January 1 of the year in which it was issued and terminating three years thereafter and will also be submitted no later than November 1 of the year preceding the three-year license period.
(5) 
Notwithstanding the provisions of this chapter that provide for a three-year term of the license, official towers will submit no later than December 1 of each year that the towing license is in effect a detailed certification certifying that the official tower meets the requirements of this chapter in regard to the issuance of licenses. The certification shall be submitted to the Municipal Clerk for the Chief of Police's review and approval. Failure to submit the certification or failure to continue to abide by the requirements of this chapter in regard to the issuance of a towing license will subject the official tower to revocation of the license in accordance with the procedures contained in this chapter.
A. 
Official towers will furnish adequate and proper towing, storage and emergency repair services to motor vehicles damaged or disabled within the Township of Long Beach when requested to do so by the Chief of Police or his authorized designee.
B. 
Official towers may not subcontract any work to be performed under this chapter except in an emergency situation. The Chief of Police will, within his reasonable discretion, maintain objective guidelines on file as to emergencies and use of subcontractors. Any official tower will be responsible for the services performed by the subcontractor and will remain liable for any violation of this chapter by the subcontractor.
C. 
The official towers will provide storage for all automobiles towed until claimed by the vehicle owner or disposed of in accordance with all state, federal and local law at its base of service.
D. 
Official towers will be responsible for the cleanup of debris in accordance with N.J.S.A. 39:4-56.8, with the exception of fuel oil, chemicals or hazardous waste materials.
A. 
Applications for inclusion on the official towers' list must be made to the Township Board of Commissioners upon a form prepared by the Chief of Police and approved by the Township Solicitor and must contain all of the following information:
(1) 
The name, residence and business address and telephone number of the owner of the towing company. If the owner is a corporation, the application must contain the name, residence and business address and telephone number of every stockholder owning more than 10% of issued stock.
(2) 
Policies or certificates of insurance coverage as hereinafter provided.
(3) 
The names and addresses of two business references who have known the applicant for at least two years.
(4) 
Certification that the applicant will be able to provide towing services anywhere in the township with a maximum response time of fifteen minutes, except when extraordinary circumstances occur.
(5) 
Certification that the applicant will be available for service on business premises 24 hours a day, seven days a week, and that they will abide by the fees contained in or referred to in this chapter.
(6) 
Certification that the applicant will consent to appointment of the Township Municipal 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.
(7) 
A sketch plan showing the location of the storage area, the number of cars that can be stored and the total square footage area of the storage area.
(8) 
Agreement to abide by the general rules and regulations established by the Chief of Police in connection with towing procedures within the township.
(9) 
Provide the requisite documentation verifying that the personnel, vehicles, equipment and storage facilities are licensed and comply with state and federal, as well as local, rules and regulations. A current and up-to-date list of all personnel shall be provided to the township.
B. 
The applicant will submit completed duplicate applications, together with fees, to the Municipal Clerk, who will forward a copy to the Chief of Police for his review and approval. The review by the Chief of Police will consist of the following:
(1) 
A NJSBI check to determine if either the applicant or the applicant's personnel have been convicted of a criminal offense or have had their driver's licenses suspended or revoked within the preceding two years. In addition thereto, each owner applicant shall pay the annual cost for each NJSBI check made payable to the NJSBI and paid to the Township of Long Beach Police Department with fees paid to the Municipal Clerk upon submission of the respective applications;
(2) 
An inspection of the personnel, 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 applicable laws and regulations and the standards of performance required by this chapter;
(3) 
The Chief of Police will submit a complete report of said investigation endorsing on such application his approval or disapproval and the reasons therefor. Before endorsing his approval or disapproval, the Chief will review the background check, the application and the other documents submitted in support thereof to determine whether each towing contractor/applicant is able to demonstrate to the township that he is thoroughly qualified and experienced in the towing and removal of vehicles of all types and that he has adequate facilities, equipment, expertise, licensing and personnel to perform the services required by these specifications in a manner satisfactory to the Township of Long Beach Police Department.
(4) 
A tower/applicant may be found to be unsatisfactory and the Chief of Police may endorse his disapproval if, as a result of the investigation, the following is disclosed:
(a) 
Any persistent violations and/or high incident of motor vehicle violations and/or accidents in the past five years may warrant a driver ineligible.
(b) 
A conviction of a felony.
(c) 
Submitting a fraudulent or misleading application.
(d) 
A criminal conviction of the towing operator or a named principal of the towing operator.
(e) 
Failure to utilize safe and adequate equipment as defined in this chapter.
(f) 
Violations of the Zoning Ordinance[1] or any other applicable ordinance of the Township of Long Beach pertaining to the use or condition of the premises that would be used by the tower/applicant when conducting his/her towing business.
[1]
Editor's Note: See Ch. 205, Zoning.
(g) 
Violation of the provisions of this chapter.
C. 
A tower/applicant may be added to the rotating list by the Township Board of Commissioners, by resolution adopted at a regular public meeting, if it is determined that it is deemed necessary for the interest and welfare of the township inhabitants and it is concluded from the application and information obtained that all the following circumstances exist:
(1) 
The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this chapter.
(2) 
The applicant has complied with state requirements as well as the standards in this chapter and has forwarded the required hold harmless agreement and policies or certificates of insurance to be reviewed by the Township Municipal Clerk.
(3) 
The application has been reviewed and approved by the Chief of Police.
(4) 
Neither the applicant nor the applicant's personnel have been convicted of a criminal offense or had their driver's license suspended or revoked in any jurisdiction for the preceding two years.
D. 
The Chief of Police will conduct his review and render a report to the Township Board of Commissioners, recommending either approval or denial of the application, within 21 days of receipt of the application from the Municipal Clerk. The Township Board of Commissioners will take action with regard to the application within 30 days of receipt of the report of the Chief of Police. The applicant, or its representative, will be given notice of the date on which the township will consider the application and will be permitted to appear and be heard at that time.
E. 
Written notice of the approval or denial of the application will be provided to the applicant within seven days of the decision of the Township Board of Commissioners.
F. 
If the Township Board of Commissioners fails to take action within 60 days of receipt of a complete application, the application will be deemed to have been denied.
A. 
Upon approval of the application as herein provided, the Municipal Clerk will issue an applicant an official towers license to be utilized in providing services under this chapter.
B. 
The license will be in a form approved by the Township Board of Commissioners.
C. 
The licenses will be valid for the three-year period as set forth in this chapter, may not be transferable and will be subject to revocation by the Township Board of Commissioners for any of the following reasons:
(1) 
If it is determined that the applicant knowingly and with intent to deceive made false, misleading or fraudulent statements of material fact in his/her application or in any other document required under this chapter.
(2) 
Violation of any federal or state law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.
(3) 
Violation of any rule or regulation promulgated by the New Jersey Department of Insurance.
(4) 
Unsatisfactory service provided under this chapter.
(5) 
Failure to annually certify compliance with requirements of this chapter as required by § 183-3B(5).
D. 
The fee for the license issued under this chapter will be $25 per vehicle. The fee for the annual review of certification and inspection of vehicles and equipment will be $20.[1]
[Amended 3-5-2018 by Ord. No. 18-05C; 10-1-2018 by Ord. No. 18-26C]
[1]
Editor's Note: For current fees, see Ch. 82, Fees, Licenses, Bonds and Permits.
E. 
Licenses will not be transferable without the consent of the Chief of Police. Consent may be granted at the sole discretion of the Chief if the licensee demonstrates that the transferee complies with all of the requirements of this chapter.
Automobiles which are stolen, abandoned, involved in a crime, involved in fatal accidents, issued Title 39 summonses, require vehicle removal or any other instance or situation which, in the judgment of the police officer at the scene, raises a reasonable articulable suspicion that a search warrant may be needed will be considered police impounds. Police impounds may be towed to the designated township impound property or the official tower's base of service. However, a towing operator may not permit an automobile to be removed from the site without the approval and permission of the police officer at the scene.
To qualify for inclusion on the list, applicants shall provide and maintain the following minimum equipment:
A. 
Minimum vehicle requirements.
(1) 
Minimum of one towing vehicle sufficient to tow vehicles with a gross vehicle weight rating in excess of 10,000 pounds.
(2) 
Every tow vehicle will comply with any and all state, federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and will be subject to inspection by the Township Chief of Police or his/her designee at any time. No changes may be made to the vehicles or equipment unless prior written approval is obtained from the township.
(3) 
Every tow vehicle will display the name, address and telephone number of the contractor painted or permanently attached to both sides of the vehicle in compliance with state law.
(4) 
Every official tower's truck will be equipped with either two-way radio and/or mobile telephone communications equipment with their principal place of business, including their garage and/or facilities, to ensure the proper availability of services and equipment on behalf of the township and motorists.
(5) 
Every official tower's truck(s) and all other vehicles will be properly licensed and registered with the New Jersey Division of Motor Vehicles. All official towers' trucks will display New Jersey commercial license plates and comply with all operating requirements.
B. 
Minimum personnel requirements.
(1) 
Official towers will have available, at all times, a minimum of one person to provide the services required by this chapter. All persons employed by the official tower to provide services required by this chapter will meet the following requirements and be subject to the following regulations. They will:
(a) 
Be competent mechanics able to provide minimum road service for disabled vehicles.
(b) 
Have a valid driver's license having no restrictions or conditional endorsements other than a condition requiring the wearing of eyeglasses.
(c) 
Obey all traffic laws and regulations.
(d) 
Be subject to inspection by the Chief of Police of the township and approved by the Chief prior to rendering any services under this chapter.
(e) 
Not have been convicted of a crime nor had their driving privileges suspended or revoked in any jurisdiction for the preceding two years.
(2) 
Employees of the official tower, in responding to a call, may request police assistance during the course of providing towing, emergency road services 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.
(3) 
An official tower will 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 prior approval and permission of the police officer and/or superior at the scene.
C. 
Minimum storage requirements. Every official tower will maintain an inside and outside storage area meeting the following requirements:
(1) 
The storage areas will be capable of storing a minimum of two passenger automobiles inside and five passenger automobiles outside to hold and protect "police hold" vehicles.
(2) 
The location of the storage area shall be either within the limits of the Township of Long Beach or at such location outside of the township as to facilitate reasonable towing distances.
(3) 
The storage area shall be in an area legally zoned for such use.
(4) 
The storage area shall be secured.
(5) 
The storage facility shall be available 24 hours a day, 365 days per year, and will be open to the public on weekdays during normal business hours and four hours on Saturdays. The official tower will specify the hours on which the facility will be open on Saturdays. The official tower is not required to be open on Sundays.
(6) 
The official tower shall have an employee on duty during all hours in which the storage facility is open.
(7) 
The official tower will not charge a release fee or other charge for releasing vehicles to their owners after normal business hours or on weekends.
(8) 
The applicant shall, with its application, submit proof of ownership or lease of the storage area.
(9) 
The official tower will be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this chapter. The official tower will be liable for any damage incurred by such vehicles while in transit to or while stored in the storage areas.
A. 
Official towers will be placed on the official towers' list at the beginning of each three-year period in accordance with the procedures as set forth in this chapter. The official towers will rotate on the list per tow.
B. 
The township will request towing and storage services from each official tower in rotation. When called, the official tower must advise the dispatcher if a vehicle is available and the estimated time of arrival. If no tow vehicle is available or it, in the discretion of the township official making the request, the response time is insufficient under the circumstances to properly protect the public health, safety and welfare, the next official tower on the list may be called for that particular towing event. In the event that the official tower does not have available a 4 x 4 tow vehicle or the most feasible tow vehicle needed to properly protect the interest and welfare of the township's inhabitants, the township official making the request may call the next official tower on the list or an outside service for that particular towing event.
C. 
The official tower who is at the top of the list will remain until he or she is called for a required tow service.
D. 
All requests for service will be made by the Chief of Police or his official designee.
E. 
The Chief of Police or his designee will request service from official towers. However, if no emergency or imminent road hazard exists, the township may request the service from any person the owner of the motor vehicle may request.
F. 
During adverse weather conditions, heavy traffic conditions or emergency conditions, official towers will give priority to requests from the township over any other requests received by official towers.
Applicant must agree in writing to assume the defense of and hold harmless the Township of Long Beach, its elected officials, boards, commissions, officers, employees and agents, from all suits, actions, damages or claims, fees, costs, expenses, fines or penalties to which the township may be subjected of any kind and nature whatsoever resulting from, caused by, arising out of or as a consequence of the provisions of towing, storage and/or emergency services provided at the request of the township pursuant to this chapter. Official towers must enter into a hold harmless agreement in a form prepared by the township prior to being included on the official towers list.
The official tower must maintain, during the life of its license, an insurance policy of the type indicated below and in a form satisfactory to the Township of Long Beach. The official tower must provide a certified copy of the policy and/or certificates of insurance satisfactory to the township prior to commencement of work. All policies and/or certificates will be submitted to the Township Municipal Clerk and Township Solicitor for review.
A. 
Unless otherwise required by state law, an official tower must supply policy and/or certificate that he/she maintains worker's compensation and garage keeper's liability insurance of not less than $1,000,000 combined single limit, garage keeper's liability of not less than $100,000 per vehicle and the garage keeper's legal liability insurance policy to further provide for fire, theft and explosion.
B. 
All official towers' vehicles and equipment must be insured under state law.
C. 
All public liability insurance, including garage liability and garage keeper's legal liability coverage, must name the Township of Long Beach, its officers, agents and employees as additional insureds on the policy, must hold the township harmless and indemnify the township from any and all claims filed against it arising out of any act or tai lure to act on behalf of the contractor.
D. 
The official tower will indemnify the Township and the public against any loss due to injuries, accident or damages of any character whatsoever where any such damage is the result of act or omission of the official tower, his agents or employees in or due to the execution of the work called for under this chapter.
E. 
Each official tower's insurance policy and/or certificate must contain a provision that it is not subject to material change, cancellation or nonrenewal unless 30 days' prior written notice, via certified mail/return receipt, is given to the Township of Long Beach by the official tower's insurer. The written notice must be received 30 days prior to commencement of work.
F. 
The providing of any insurance required herein does not relieve the official tower of any of the responsibilities or obligation assumed by the official tower for which the official tower may be liable by law or otherwise.
G. 
If any policies contain deductible or copayments, it will be the responsibility of the official tower to pay the sums at the same time a claim is settled by the official tower's insurance company.
H. 
If any policies contain limits of liability with an aggregate limit, the official tower or official tower's insurance company will provide the Township, quarterly during the policy period, a statement evidencing the limits of liability required under the contract to be in force.
I. 
Failure to provide and continue in full force and effect the insurance required by this chapter will be deemed a material breach of the contract and may cause an immediate termination thereof.
J. 
All policies must be written by a company licensed to do business in the State of New Jersey.
A. 
The fee schedule for towing services for automobiles as defined by this chapter is as follows:
[Amended 10-10-2014 by Ord. No. 14-34C]
(1) 
Days: first mile or less, $100, each additional mile, $4, based upon a round-trip charge. Mileage shall be calculated based on the distance traveled from the official tower's base of service to the job site and return. Fractions shall be rounded up to the next whole mile.
(2) 
Nights, weekends and New Jersey State holidays: first mile or less, $120, each additional mile, $4, based upon a round-trip charge. Mileage shall be calculated based on the distance traveled from the official tower's base of service to the job site and return. Fractions shall be rounded up to the next whole mile.
(3) 
Recovery and winching services. When certain recovery and/or winching services must be performed in order to preserve the condition of an automobile or while moving the damaged vehicle to a towable position, the rate for the services will be $150 per hour or any portion thereof.
B. 
The fee schedule for storage services for automobiles as defined by this chapter are as follows:
(1) 
Inside building: $60 per day.
(2) 
Outside storage: $35 per day.
[Amended 10-10-2014 by Ord. No. 14-34C]
C. 
Maximum towing rates and charges for trucks and other vehicles with vehicle weight ratings of 10,000 pounds or in excess thereof:
(1) 
Days: first mile or less, $145; each additional mile, $4, based upon a round-trip charge. Mileage shall be calculated based on the distance traveled from the official tower's base of service to the job site and return. Fractions shall be rounded up to the next whole mile.
[Amended 10-10-2014 by Ord. No. 14-34C]
(2) 
Nights, weekends and New Jersey State holidays: first mile or less, $165; each additional mile, $5, based upon a round-trip charge. Mileage shall be calculated based on the distance traveled from the official tower's base of service to the job site and return. Fractions shall be rounded up to the next whole mile.
[Amended 10-10-2014 by Ord. No. 14-34C]
(3) 
Recovery and/or winching services. When certain recovery and/or winching services must be performed in order to preserve the condition of a truck or other vehicle or while moving the damaged vehicle to a towable position, the rate for the services will be $200 per hour or any portion thereof
D. 
Maximum storage rates and charges for trucks and other vehicles with vehicle weight ratings of 10,000 pounds or in excess thereof:
(1) 
Inside building: $100 per day.
(2) 
Outside storage: $50 per day.
E. 
Fees for cleanup services will be as follows:
(1) 
The official tower will be responsible for the cleanup of debris in accordance with N.J.S.A. 39:4-56.8, with the exception of fuel oil, chemicals or hazardous waste materials.
(2) 
Cleanup services: $75 per hour or any portion hereof.
[Amended 10-10-2014 by Ord. No. 14-34C]
F. 
Additional charges/rates for all weight classes:
[Added 10-10-2014 by Ord. No. 14-34C[2]]
(1) 
Standby rate: $75.
(2) 
Additional truck/personnel: $75 per hour.
[2]
Editor's Note: This ordinance also provided for the renumbering of former Subsections F and G as Subsections G and H.
G. 
Fees set forth in Subsections A through E of this section are the maximum charges that will apply for basic towing and storage services. However, the official tower may charge a forty-dollar show-up fee for any automobiles or trucks that do not need to be towed.
H. 
The rate schedule will be reviewed by the Township governing body within two years after its adoption. Pursuant to N.J.S.A. 40:48-2.55b, the Township of Long Beach will submit its schedule of services and rates, and any amendments made thereto, for the towing and storage of vehicles to the Division of Consumer Affairs in the Department of Law and Public Safety for review within 90 days of the adoption of the ordinance and revision if necessary. Pursuant to N.J.S.A. 40:48-2.55a, if the Division of Consumer Affairs promulgates a model schedule of towing and storage fees, the schedule will be the maximum fees that may be charged by official towers, and this chapter will be deemed amended accordingly and all provisions inconsistent with the Division's model schedule are repealed to the extent of such inconsistency.
[1]
Editor's Note: For current fees, see Ch. 82, Fees, Licenses, Bonds and Permits.
A. 
The official tower must provide to the township the following information concerning vehicles:
(1) 
The year, make, model, vehicle identification number, type of vehicle, registration number and proof of insurance.
(2) 
The full name and address of all employees, their license and social security numbers.
(3) 
The addresses where the contractor is regularly based, telephone numbers available on a twenty-four-hour-a-day basis and names of all operators, their addresses and serial numbers of their New Jersey or other jurisdiction motor vehicle licenses.
(4) 
Certification of approved emergency warning lights.
B. 
The official tower must submit to the Township of Long Beach Police Department the following information on vehicles unclaimed over 15 days:
(1) 
The year, make, model, color and vehicle identification number.
(2) 
The owner's name and address.
(3) 
A copy of a certified letter advising the owner of the location of the vehicle and circumstances surrounding the same.
(4) 
A photograph of the vehicle.
(5) 
The mileage of the vehicle.
C. 
The official tower must provide the township with records of all towed vehicles' storage and towing charges upon request.
A. 
The day rate will apply to the hours of 8:00 a.m. until 4:30 p.m. on Monday through Friday except New Jersey State holidays. The night, weekend and holiday rate will otherwise apply.
B. 
The Township of Long Beach will assess an administrative fee of $25 per vehicle to recover costs of administering the towing and storage services for all vehicles coming under the purview of the police impound which are towed to the designated township impound property. The assessment will be placed on each vehicle processed, in addition to the model fees outlined in this chapter for towing and storage services.
C. 
The official tower will also be able to assess an administrative fee of $25 per vehicle to recover costs of administering the towing and storage services for all vehicles if such administrative work is worthy of this fee (i.e., in terms of manpower, mailings and telephone calls).
D. 
Under no circumstances will the rates and fees charged by the official tower exceed the amounts outlined in this chapter.
E. 
The official tower will charge the motor vehicle owner/operator or insurance company directly for all services provided.
F. 
Copies of this chapter and the schedule of fees that will be charged by official towers will be made available to each owner of a towed motor vehicle and to the public during normal business hours at the Township Municipal Building and Police Department. Copies will also be made available to the public at each official tower's place of business.
G. 
All official towers must post, in a prominent place at each storage area clearly visible to the public, a schedule of the fees that may be charged for all services provided pursuant to this chapter.
H. 
The township reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all official towers.
I. 
The relationship between an official tower and the township is one of an independent contractor. Neither party will be construed in any manner whatsoever to be an employee of the other, nor will any employee or agent furnished by any party be construed to be an employee or agent of the other party. Inclusion on the official towers' list will not be construed to or considered as a joint venture, partnership, association, contract of employment or profit sharing agreement.
J. 
The township will not be liable or responsible for compensating the official towers for any of the services performed under this chapter unless those services are performed by township vehicles. Compensation will be the responsibility of the owner of the towed motor vehicle, and the official tower will proceed directly against the owner.
K. 
The official tower will, at all times, be solely responsible for the conduct of its employees. No licensee will discriminate as to hiring or employment practices. Licensees will be required to sign a nondiscrimination statement.
L. 
Each official tower will keep and maintain adequate and complete records showing all vehicles towed, stored and released, all services rendered and all fees charged and collected. All records will be available for inspection by the township at any time during normal business hours. Records will be kept and maintained by the official tower at one central location and will be retained for a period of seven years. Records may be written, printed or computerized, as long as the requirements of this subsection are met. The official tower will comply with all state and federal laws and regulations concerning wages, hours and terms of employment.
A. 
Pursuant to N.J.S.A. 40:48-2.54, all complaints are to be received by the Township Municipal Clerk. In the event that a complaint is received by the Township Municipal Clerk involving the improper or unsatisfactory performance of services by an official tower, a violation of this chapter, excessive charges or damage to a motor vehicle while in custody of the official tower, written notice will be provided by the Municipal Clerk to the official tower involved by certified mail, return receipt requested. The official tower will have the opportunity to respond, in writing, within seven days.
B. 
Within 14 days of receipt of the official tower's response, or within 21 days of receipt of the complaint if no response is received, the matter will be presented by the Township Municipal Clerk to the township governing body.
C. 
The township governing body will, thereafter, consider the matter at a regular public meeting and may request that the complainant and the official tower involved appear and give testimony regarding the complaint.
D. 
Findings and conclusions.
(1) 
After considering the matter and the evidence presented, the township governing body will make certain findings and conclusions relative to the complaint, which will constitute their decision. If the governing body finds in favor of the complainant and against the official tower, the governing body may consider and impose the following penalties:
(a) 
Suspension of the official tower's license;
(b) 
Revocation of the license for a fixed period or duration;
(c) 
Permanent revocation of the official tower's license; or,
(d) 
Such other penalty as the township governing body deems just and appropriate under the circumstances.
(2) 
In considering the imposition of a suspension, revocation or other penalty, the Board of Commissioners will take into account factors, including but not limited to any prior violations of the official tower, the nature and seriousness of the complaint and the danger to the health, safety and general welfare of the public.
E. 
Failure to surrender the license upon revocation will constitute a violation of this chapter.
F. 
Nothing contained in this chapter will prevent or limit the right of any person to commence or maintain an action for damages or any other relief directly against the official tower in a court of competent jurisdiction.
The township governing body may temporarily appoint an official towing company(s) to the established rotating list in cases where it has imposed a suspension, revocation or other penalty on an official tower or during an appeal in order to protect the interest and welfare of its inhabitants, provided that the temporary official tower complies with all requirements of this chapter.
A. 
Any person who violates any of the provisions of this chapter will, upon conviction, be punished in accordance with the provisions of Chapter 1, § 1-17, entitled "Maximum penalty," of the Code of the Township of Long Beach.
B. 
In addition to the penalties provided above, a violation of the provisions of this chapter is cause for suspension or revocation of the official tower's license.