[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Editor's Note: This ordinance also repealed former Ch. 183,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:
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.
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).
The location where the towing contractor stores its tow vehicle(s).
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.
The Chief of the Police Department of the Township of Long
Beach or his/her designee.
A vehicle storage facility that is completely secured indoors,
having one or more openings in the walls, for storage and removal
of vehicles.
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.
A licensed individual or entity placed upon the Township
of Long Beach's rotating list that performs towing services for the
township.
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.
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.
Includes any street, avenue, park, parkway, highway or other
public place, whether or not the same is improved.
Every street, road or highway which is open to the public
for purpose of vehicular travel in the Township of Long Beach.
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.
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.
A motor-drawn vehicle, pole trailer, semitrailer or trailer.
The Township of Long Beach, Ocean County, New Jersey, the
governing body of which is the Township Board of Commissioners.
A storage area or lot owned by the Township of Long Beach.
A.Â
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.Â
If the Township of Long Beach deems it necessary to
appoint one or more additional towers to the rotating list:
(1)Â
The appointed persons or companies will be known as
"official towers."
(2)Â
Official towers will be identified by means of a license
issued in accordance with the provisions of this chapter.
(3)Â
The award of a license to an applicant is subject
to compliance with the license requirements of the chapter.
(4)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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)Â
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)Â
Policies or certificates of insurance coverage as
hereinafter provided.
(3)Â
The names and addresses of two business references
who have known the applicant for at least two years.
(4)Â
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)Â
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)Â
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)Â
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)Â
Agreement to abide by the general rules and regulations
established by the Chief of Police in connection with towing procedures
within the township.
(9)Â
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.Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
A conviction of a felony.
(c)Â
Submitting a fraudulent or misleading application.
(d)Â
A criminal conviction of the towing operator
or a named principal of the towing operator.
(e)Â
Failure to utilize safe and adequate equipment
as defined in this chapter.
(g)Â
Violation of the provisions of this chapter.
C.Â
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)Â
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)Â
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)Â
The application has been reviewed and approved by
the Chief of Police.
(4)Â
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.Â
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.Â
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.Â
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.Â
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.Â
The license will be in a form approved by the Township
Board of Commissioners.
C.Â
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)Â
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)Â
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)Â
Violation of any rule or regulation promulgated by
the New Jersey Department of Insurance.
(4)Â
Unsatisfactory service provided under this chapter.
D.Â
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]
E.Â
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.Â
Minimum vehicle requirements.
(1)Â
Minimum of one towing vehicle sufficient to tow vehicles
with a gross vehicle weight rating in excess of 10,000 pounds.
(2)Â
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)Â
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)Â
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)Â
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.Â
Minimum personnel requirements.
(1)Â
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)Â
Be competent mechanics able to provide minimum
road service for disabled vehicles.
(b)Â
Have a valid driver's license having no restrictions
or conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(c)Â
Obey all traffic laws and regulations.
(d)Â
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)Â
Not have been convicted of a crime nor had their
driving privileges suspended or revoked in any jurisdiction for the
preceding two years.
(2)Â
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)Â
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.Â
Minimum storage requirements. Every official tower
will maintain an inside and outside storage area meeting the following
requirements:
(1)Â
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)Â
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)Â
The storage area shall be in an area legally zoned
for such use.
(4)Â
The storage area shall be secured.
(5)Â
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)Â
The official tower shall have an employee on duty
during all hours in which the storage facility is open.
(7)Â
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)Â
The applicant shall, with its application, submit
proof of ownership or lease of the storage area.
(9)Â
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.Â
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.Â
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.Â
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.Â
All requests for service will be made by the Chief
of Police or his official designee.
E.Â
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.Â
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.Â
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.Â
All official towers' vehicles and equipment must be
insured under state law.
C.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
All policies must be written by a company licensed
to do business in the State of New Jersey.
A.Â
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)Â
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)Â
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)Â
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.
C.Â
Maximum towing rates and charges for trucks and other
vehicles with vehicle weight ratings of 10,000 pounds or in excess
thereof:
(1)Â
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)Â
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)Â
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
E.Â
Fees for cleanup services will be as follows:
H.Â
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.
A.Â
The official tower must provide to the township the
following information concerning vehicles:
(1)Â
The year, make, model, vehicle identification number,
type of vehicle, registration number and proof of insurance.
(2)Â
The full name and address of all employees, their
license and social security numbers.
(3)Â
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)Â
Certification of approved emergency warning lights.
B.Â
The official tower must submit to the Township of
Long Beach Police Department the following information on vehicles
unclaimed over 15 days:
C.Â
The official tower must provide the township with
records of all towed vehicles' storage and towing charges upon request.
A.Â
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.Â
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.Â
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.Â
Under no circumstances will the rates and fees charged
by the official tower exceed the amounts outlined in this chapter.
E.Â
The official tower will charge the motor vehicle owner/operator
or insurance company directly for all services provided.
F.Â
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.Â
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.Â
The township reserves the right to make periodic unannounced
inspections of the personnel, vehicles, equipment and storage areas
of all official towers.
I.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Findings and conclusions.
(1)Â
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:
(2)Â
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.Â
Failure to surrender the license upon revocation will
constitute a violation of this chapter.
F.Â
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.
