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.
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.
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.
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.