[HISTORY: Adopted by the Township Council
of the Township of Lopatcong: Art. I, 1-17-1979 as Ord. No. 316; Art.
II, 5-5-1993 as Ord. No. 1993-08. Section 223-18 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
[Adopted 1-17-1979 as Ord. No. 316]
[1]
Editor’s Note: Ordinance No. 2012-12, adopted 12-5-2012,
changed the name of this article from "Abandoned Vehicles" to "Towing."
In applying and interpreting this article, the
following definitions shall be used and have the meanings indicated:
Any motor vehicle which has remained on or along any highway
or other public property or on private property without consent for
a period of more than 48 hours or for any period without current license
plates. Vehicles used or to be used in the construction, operation
or maintenance of public utility facilities and which are left in
a manner which does not interfere with the normal movement of traffic
shall not be considered "abandoned vehicles" for the purposes of this
article.
A motor vehicle of a private passenger 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 or a van or a
panel truck or a camper-type vehicle used for recreational purposes
owned by an individual or by a husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the owner(s), or leased.
[Added 6-17-1992 by Ord. No. 1992-07]
Private property towing and other nonconsensual towing as
defined in this section and other ancillary services that include
the following: arriving at the site from which a motor vehicle will
be towed; 15 minutes' waiting time; hooking a motor vehicle to, or
loading a motor vehicle onto, a tow truck; transporting a motor vehicle
to a storage facility; unhooking or unloading a motor vehicle from
the tow truck; and situating the motor vehicle in the space in which
it will be stored. "Basic tow" also includes issuing documents for
the release of a motor vehicle to its owner or other person authorized
to take the motor vehicle; issuing an itemized bill; three trips to
the motor vehicle in storage, which, if applicable, include making
a vehicle available to an insurance appraiser or adjuster; issuing
documents for the release of a motor vehicle to its owner or other
person authorized to take the motor vehicle; and retrieving a motor
vehicle from storage during the hours in which the storage facility
is open.
[Added 6-17-1992 by Ord. No. 1992-07; amended 7-7-2010 by Ord. No. 2010-06; 12-5-2012 by Ord. No. 2012-12]
Any vehicle other than that as defined as an automobile pursuant
to the definitions as contained in this article.
[Added 6-17-1992 by Ord. No. 1992-07]
A natural person.
[Added 7-7-2010 by Ord. No. 2010-06]
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a tower, but prior to the vehicle actually
having been moved or removed from the property.
[Added 7-7-2010 by Ord. No. 2010-06]
The Director of the Division of Consumer Affairs.
[Added 7-7-2010 by Ord. No. 2010-06]
The Division of Consumer Affairs in the Department of Law
and Public Safety.
[Added 7-7-2010 by Ord. No. 2010-06]
A tow truck designed to transport a motor vehicle by means
of raising the motor vehicle from road level up onto a hydraulic bed
for transporting purposes.
[Added 12-5-2012 by Ord. No. 2012-12]
A gross weight of at least 32,000 pounds.
[Added 7-7-2010 by Ord. No. 2010-06]
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles
and that is secured by a locking device during the hours the business
is closed.
[Added 6-17-1992 by Ord. No. 1992-07]
A gross weight of less than 26,000 pounds.
[Added 7-7-2010 by Ord. No. 2010-06; amended 12-5-2012 by Ord. No.
2012-12]
An occurrence in which a private passenger automobile in
contact with any other object for which the private passenger automobile
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 they were caused by the intentional acts
of a perpetrator where the perpetrator was not the owner or operator
of the motor vehicle.
[Added 6-17-1992 by Ord. No. 1992-07]
Includes all vehicles propelled other than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles, motorized scooters, motorized wheelchairs and motorized
skateboards.
[Amended 7-7-2010 by Ord. No. 2010-06]
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle. This definition includes towing
a motor vehicle when law enforcement orders the vehicle to be towed,
whether or not the owner or operator consents.
[Added 7-7-2010 by Ord. No. 2010-06; amended 12-5-2012 by Ord. No.
2012-12]
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. The facility is to be lighted at night.
[Added 6-17-1992 by Ord No. 1992-07]
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier and all other
storage facilities not defined above as inside building or outside
secured.
[Added 6-17-1992 by Ord. No. 1992-07]
An individual, sole proprietorship, partnership, corporation,
limited liability company, or any other business entity.
[Amended 7-7-2010 by Ord. No. 2010-06]
Any real property within the township which is privately
owned and which is not public property as defined in this section.
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
[Added 7-7-2010 by Ord. No. 2010-06]
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a consumer's motor vehicle
that is parked illegally, parked during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
[Added 7-7-2010 by Ord. No. 2010-06]
A person offering or performing private property towing services.
[Added 7-7-2010 by Ord. No. 2010-06]
Any street or highway, which shall include the entire width
between the boundary lines of every way publicly maintained for the
purposes of vehicular travel and shall also mean any other publicly
owned property or facility.
A storage facility that is either completely indoors or is
surrounded by a fence, wall or other man-made barrier that is at least
six feet high and is lighted from dusk to dawn.
[Added 7-7-2010 by Ord. No. 2010-06]
The use of absorbents to soak up any liquids from a motor
vehicle at the site from which a motor vehicle will be towed.
[Added 12-5-2012 by Ord. No. 2012-12]
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
[Added 6-17-1992 by Ord. No. 1992-07]
A space at which motor vehicles that have been towed are
stored.
[Added 7-7-2010 by Ord. No. 2010-06]
Covering a motor vehicle to prevent weather damage.
[Added 12-5-2012 by Ord. No. 2012-12]
The moving or removing from public or private property or
from a storage facility by a motor vehicle of a consumer's motor vehicle
that is damaged as a result of an accident or otherwise disabled,
recovered after being stolen or is parked illegally or otherwise without
authorization, parked during a time at which such parking is not permitted
or otherwise parked without authorization, or the immobilization of
or preparation for moving or removing of such motor vehicle, for which
a service charge is made, either directly or indirectly. Dues or other
charges of clubs or associations which provide towing services to
club or association members shall not be considered a service charge
for purposes of this definition.
[Added 7-7-2010 by Ord. No. 2010-06]
A person offering or performing towing services.
[Added 12-5-2012 by Ord. No. 2012-12]
A person engaged in the business or offering the services
of a vehicle wrecker or towing service whereby abandoned motor vehicles
are towed or otherwise removed from the places where they are abandoned
by use of a wrecker or truck so designed for that purpose.
A motor vehicle equipped with a boom or booms, winches, slings,
tilt beds or similar equipment designed for the towing or recovery
of motor vehicles.
[Added 12-5-2012 by Ord. No. 2012-12]
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
[Added 6-17-1992 by Ord. No. 1992-07]
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
[Added 6-17-1992 by Ord. No. 1992-07]
The Township of Lopatcong, County of Warren and State of
New Jersey.
Manipulating a motor vehicle's transmission so that the motor
vehicle may be towed.
[Added 12-5-2012 by Ord. No. 2012-12]
Any device in, upon or by which a person or property is or
may be transported upon a highway.
[Added 7-7-2010 by Ord. No. 2010-06]
Any time a towing company spends at the site from which a
motor vehicle will be towed, during which the towing company is prevented
from performing any work by another individual, beyond the time included
as part of a basic tow.
[Added 12-5-2012 by Ord. No. 2012-12]
The process of moving a motor vehicle by the use of chains,
nylon slings or additional lengths of winch cable from a position
that is not accessible for direct hookup for towing a motor vehicle.
"Winching" includes recovering a motor vehicle that is not on the
road and righting a motor vehicle that is on its side or upside down,
but does not include pulling a motor vehicle onto a flatbed tow truck.
[Added 12-5-2012 by Ord. No. 2012-12]
Any material used to cover motor vehicle windows that have
been damaged.
[Added 12-5-2012 by Ord. No. 2012-12]
A.
The abandonment of a motor vehicle or any part thereof
on any highway in this township is unlawful and subject to the penalties
as set forth herein. The abandonment of a motor vehicle or any part
thereof on private or public property in view of the general public
anywhere in the township is unlawful except on property of the owner
or bailee of such abandoned vehicle.
B.
A motor vehicle or any part thereof so abandoned on
private property may be authorized for removal by or upon the order
of the Chief of the Police Department of the township, after a waiting
period of 48 hours or more has expired.
[Amended 12-28-1998 by Ord. No. 1998-36; 12-1-1999 by Ord. No. 1999-25]
C.
This provision shall not be deemed to limit any other
remedy or enforcement of remedy provided by state statute or local
ordinance.
[Amended 6-17-1992 by No. 1992-07]
A.
The Township Council shall appoint persons or companies
meeting the criteria set forth in this chapter and engaged in the
business of offering the services of a motor vehicle towing or wrecker
service whereby damaged or disabled motor vehicles are towed or otherwise
removed from the place where they are damaged or disabled by use of
a tow vehicle, as defined in this chapter. Such persons or companies
shall be known as "official towers."
B.
Official towers shall be identified by means of a
license that shall be issued in accordance with the provisions of
this chapter.
C.
Not less than 75 days prior to the beginning of each
three-year term of official towers' licenses, the township shall advertise
for applications for towing licenses for providing towing services
pursuant to this chapter. The advertisement shall be published in
the official township newspaper.
D.
All applicants shall submit their applications at
least 60 days prior to the commencement date for each three-year period,
and the applications shall be reviewed in accordance with the procedures
set forth in this chapter. The award of a license to the successful
applicants shall be subject to compliance with the license requirements
of this chapter.
E.
For the purposes of the license to be awarded pursuant
to this chapter, in the year in which it is adopted, the initial term
of the license shall be from the date the license is issued until
December 31, 1994. A license issued thereafter shall be for a three-year
period commencing on January 1 of the year in which it was issued
and terminating three years thereafter.
F.
Notwithstanding the provisions of this chapter that
provide for a three-year term of the license, official towers shall
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. Said certification shall be submitted to the Chief of
Police for his 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 shall subject the official
tower to revocation of the license in accordance with the procedures
contained herein.
[Amended 6-17-1992 by Ord. No. 1992-07]
A.
Official towers shall furnish adequate and proper
wrecking, towing, storage and emergency repair services to motor vehicles
damaged or disabled within the limits of the township when requested
to do so by the Chief of Police or his authorized designee.
B.
No official tower shall subcontract any work to be
performed pursuant to this chapter without having first obtained prior
written approval from the Chief of Police. Any official tower to whom
approval to subcontract work has been given shall be responsible for
the services performed by the subcontractor and shall remain liable
for any violation of this chapter by the subcontractor.
[Amended 6-17-1992 by Ord. No. 1992-07]
A.
Applications for inclusion on the official towers
list shall be made to the Township Council upon a form prepared by
the Chief of Police and approved by the Township Attorney and shall
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 shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)
Such information as may be required by the Mayor and
Council concerning the personnel, vehicles, equipment and storage
facilities of such applicant, as hereinafter provided, showing that
the applicant meets the minimum standards of performance.
(3)
A valid certificate of insurance and a schedule of
insured vehicles that are to be utilized by the towing company from
an insurer authorized to do business in the state, including the amounts
of the garage keeper’s legal liability coverage and any “on
hook” coverage as an endorsement or contained in a separate
schedule, and liability insurance coverage, including in the case
of each light-medium-duty tow truck, motor vehicle liability insurance
coverage for the death of or injury to persons and damage to property
for each accident or occurrence in the amount of at least $750,000
single limit, and in the case of each heavy-duty tow truck, motor
vehicle liability insurance coverage for the death of, or injury to,
persons and damage to property for each accident or occurrence in
the amount of at least $1,000,000 single limit.
[Amended 7-7-2010 by Ord. No. 2010-06]
(4)
The names and addresses of two business references
who have known the applicant for at least two years.
(5)
Certification that the applicant will be able to provide
towing service 24 hours a day and that it will abide by the fees contained
in or referred to in this chapter.
(6)
Certification that the applicant will be able to provide
towing services anywhere in the township with a maximum response time
of 20 minutes, except when extraordinary circumstances occur.
(7)
A site 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 or descriptive photographs of the same.
(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)
Documentation
of the manufacturer’s gross vehicle weight rating for each tow
truck.
[Added 7-7-2010 by Ord. No. 2010-06]
B.
The applicant shall submit completed duplicate applications
to the Township Clerk, who shall forward a copy to the Chief of Police
for his review and approval. The review by the Chief of Police shall
consist of the following:
(1)
A background check to determine if either the applicant
or the applicant's personnel have been convicted of a criminal offense
or have had their drivers' licenses suspended or revoked within the
past year. Conviction of a criminal offense or suspension of the driver's
license within the past year shall be a cause for disqualification
from inclusion on the official towers list.
(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.
C.
An applicant may be included on the official towers
list by the Township Council, by resolution adopted at a regular public
meeting, when, from a consideration of the application and from such
other information as may otherwise be obtained, it finds that all
of 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 met the standards in this chapter
and has furnished the required hold-harmless agreement and certificate(s)
of insurance.
(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 drivers' licenses
suspended within the past year.
D.
The Chief of Police shall conduct his review and render
a report to the Township Council recommending either approval or denial
of the application within 21 days of receipt of the application from
the Township Clerk. The Township Council shall take action with regard
to the application within 14 days of receipt of the report of the
Chief of Police. The applicant or its representative shall be given
notice of the date on which the Township Council will consider the
application and shall be permitted to appear and be heard at that
time.
E.
Written notice of the approval or denial of the application
shall be provided to the applicant within seven days of the decision
of the Township Council.
F.
If the Township Council fails to take action within
60 days of the receipt of a complete application, the application
shall be deemed to have been denied.
[Amended 6-17-1992 by Ord. No. 1992-07]
A.
Upon approval of the application as herein provided,
the Township Clerk shall issue the applicant an official towers license
for each tow vehicle or flatbed vehicle to be utilized in providing
service pursuant to this chapter.
B.
Said licenses, which shall be in a form approved by
the Township Council, shall be displayed on the tow vehicle or flatbed
vehicle at all times.
C.
The licenses shall be valid for the three-year period
as set forth in this chapter, shall be nontransferable and shall be
subject to revocation by the Township Council for any of the following
reasons:
(1)
If it is subsequently determined that the applicant
knowingly and with intent to deceive made false, misleading or fraudulent
statements of material fact in the application or in any other document
required pursuant to 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 pursuant to this chapter.
D.
The license fee for the license issued under this section shall be $25 per license per vehicle. The fee for the annual review of certification and inspection of vehicles and equipment submitted by the official tower pursuant to § 223-3F of this chapter shall be $10 per vehicle.
E.
Licenses shall not be transferable from one vehicle
to another 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 vehicle complies with all the requirements of
this chapter.
[Amended 6-17-1992 by Ord. No. 1992-07]
To qualify for inclusion on the list of official
towers, the applicant must meet the following minimum standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available
to render services required by this chapter a minimum of one regular
tow vehicle and one flatbed vehicle.
(2)
Vehicle classes.
(a)
Regular tow vehicles must be equipped with a
boom or winch assembly mounted on the chassis, a dolly assembly, a
tow sling or wheel-lift assembly and at least 100 feet of either three-eighths-inch
or seven-sixteenths-inch cable attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed which slides or tilts to accommodate
transporting of vehicles.
(3)
Every official tower shall have available a wrecker
which shall be rated at 35,000 pounds and shall be capable of towing
new-style buses and trucks with fiberglass front ends. These towers
may be subcontracted but will meet applicable standards of performance
and their time of arrival will be 30 minutes maximum.
(4)
All equipment shall comply with all state and federal
regulations and all vehicle operators shall possess a C.D.L. license
for the size and weight of the vehicles to be lifted or towed. Exceptions
will be during an emergency declared by the Chief of Police or his
designee.
(5)
Each applicant shall submit, along with its application,
proof of ownership or lease of the vehicle which will be utilized
to provide services pursuant to this chapter, with proper registrations.
B.
Minimum equipment requirements.
(1)
Every tow vehicle or flatbed vehicle shall be equipped
with the following:
(a)
At least one amber rotating beacon or strobe
light mounted on the highest practical location on the vehicle, visible
from 360° when in use and visible at a minimum distance of 500
feet during daylight hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for
towing vehicles at night, amber colored.
(d)
Extra chains and cable for pulling or securing
a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar
or prybar, a set of jumper cables, a flashlight, one two-pound or
larger fire extinguisher of dry chemical type, one dozen flares or
similar warning devices for placement at the scene of an accident
or behind a disabled vehicle, at least 10 pounds of dry sand or a
drying compound for gasoline and oil spilled onto the roadway and
a sufficient quantity and types of tools to enable the tow operator
to perform proper and adequate emergency repair services for the tow.
(2)
Every tow vehicle or flatbed vehicle shall comply
with any and all state, federal and local laws, regulations and ordinances
pertaining to safety lighting and towing equipment requirements and
shall be subject to inspection by the Chief of Police or his designee
at any time. No changes may be made in said vehicles or equipment
unless prior written approval is obtained from the township.
(3)
Every tow vehicle or flatbed vehicle shall display
the official tower's license and shall have the name of the official
tower displayed on the vehicle in such manner and of such lettering
as conforms to the provisions of N.J.S.A. 39:4-46.
C.
Minimum personnel requirements. Official towers shall
have available at all times a minimum of one person to provide the
services required by this chapter and one backup person of his employ.
All persons employed by official towers to provide the services required
by this chapter shall meet the following requirements and be subject
to the following regulations. They shall:
(1)
Be competent mechanics able to provide minimum road
service for disabled vehicles.
(2)
Have valid drivers' licenses having no restrictions
or conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(3)
Be mentally alert and present a neat appearance at
all times.
(4)
Obey all traffic laws and regulations.
(5)
Be subject to inspection by the Chief of Police of
the township and shall be approved by the Chief prior to rendering
any services pursuant to this chapter.
(6)
Not have been convicted of a crime nor had their driving
privileges suspended or revoked within the past year.
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building
or outside secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing
a minimum of five passenger vehicles, and all tractors and trailers
should be hauled to the tower's property. The area shall have inside
storage facilities to hold and protect police hold vehicles.
(b)
The location of the storage area shall be either
within the limits of the township or at such location outside of the
township as to facilitate reasonable towing distances.
(c)
The storage area shall be fully enclosed by
a sturdy fence having a minimum height of six feet, with at least
one lockable gate for ingress and egress, and shall be lighted from
dusk to dawn.
(d)
The storage area shall be in an area legally
zoned for such use.
(e)
The storage facility shall be available 24 hours
a day, 365 days per year, and shall be open to the public on weekdays
during normal business hours and for four hours on Saturdays. The
applicant shall specify the hours on which the facility will be open
on Saturdays. The applicant is not required to be open on Sundays.
(f)
The official tower shall have an employee on
duty during all hours in which the storage facility is open.
(g)
The official tower shall not charge a release
fee or other charge for releasing vehicles to their owners after normal
business hours or on weekends.
(h)
The official tower shall have available an area
within the Township of Lopatcong to store vehicles involved in suspected
crimes or criminal activities as directed by the Chief of Police,
unless otherwise approved by the Chief of Police or his designee.
(2)
The applicant shall, with its application, submit
proof of ownership or lease of the storage area.
(3)
The official tower shall be responsible for ensuring
the proper and safe storage of all vehicles towed pursuant to this
chapter. The official tower shall be liable for any damage incurred
by such vehicles while in transit to or stored in the storage areas.
[Amended 6-17-1992 by Ord. No. 1992-07]
A.
Official towers shall 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 shall
rotate on the list for one week at a time or for such a period as
designated by the Chief of Police in accordance with his rule-making
authority under this chapter. Unless otherwise changed by the Chief
of Police under his rule-making authority, the one-week rotation shall
commence at 7:00 a.m., Monday, and terminate at 6:59 a.m. the following
Monday.
B.
The township shall request wrecking, towing and storage
services from each official tower in rotation. When called, the tower
shall advise the dispatcher if a vehicle is available and the estimated
time of arrival. If no tow vehicle is available or if, 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 or welfare, the next official tower on the list shall
be called for that particular towing event. The official tower who
is at the top of the list, however, shall remain on the top of the
list for any subsequent calls until that tower's one-week period at
the top of the list is finished.
C.
All requests for service shall be made by the Chief
of Police or his official designee.
D.
The township shall request service only from the official
towers; provided, however, that if no emergency or road hazard exists,
the township shall request such services from such other person as
the owner of the motor vehicle in need of such services may request
and provided, further, that if none of the official towers are available
or able to provide such services as are requested by the township
or if an emergency exists, the township may request such services
from any other available source.
E.
During adverse weather conditions, heavy traffic conditions
or emergency conditions, official towers shall give priority to requests
from the township over any other requests which may be received by
the official towers.
F.
In the event that an official tower responds to an
assignment when they are not the tower on duty, the following action
shall be taken against said tower.
[Added 12-5-2001 by Ord. No. 2001-37]
(1)
First offense: suspension from the official towers
list for a period of 30 days.
(2)
Second offense: suspension from the official towers
list for a period of 60 days.
(3)
Third offense: permanent removal from the official
towers list and return of the official towers license issued by the
Township Clerk.
[Added 6-17-1992 by Ord. No. 1992-07]
The applicant shall agree, in writing, to assume
the defense of and indemnify and hold harmless the township, its elected
officials, boards, commissions, officers, employees and agents from
all suits, actions, damages or claims 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,
wrecking, storage and/or emergency services provided at the request
of the township pursuant to this chapter. Official towers shall enter
into a hold-harmless agreement in a form to be prepared by the Township
Attorney prior to being included on the official towers list.
[Added 6-17-1992 by Ord. No. 1992-07; amended 7-7-2010 by Ord. No. 2010-06; 12-5-2012 by Ord. No. 2012-12]
A.
The minimum
amounts of insurance a towing company shall secure and maintain are:
(1)
Motor
vehicle liability for a tow truck capable of towing a motor vehicle
that is up to 26,000 pounds, for the death of, or injury to, persons
and damage to property for each accident or occurrence in the amount
of $ 750,000 single limit; and
(2)
Motor
vehicle liability for a tow truck capable of towing a motor vehicle
that is more than 26,000 pounds, for the death of, or injury to, persons
and damage to property for each accident or occurrence in the amount
of $ 1,000,000 single limit.
B.
A towing company shall also secure and maintain, for every tow truck, insurance that covers garage keeper legal liability in the amount of $ 100,000 and "on-hook" coverage, either as an endorsement on the insurance required by Subsection A above or in the amount of $ 100,000.
C.
Policies
of insurance shall be written by insurance companies authorized to
do business in the State of New Jersey. Insurance companies shall
be acceptable to the Township and shall have at least a B+ rating
by a recognized rating service.
D.
The Township
of Lopatcong shall be named as an additional insured on all policies
of insurance provided pursuant to this chapter. All certificates of
insurance shall provide that the policies may not be canceled or terminated
or coverage decreased without 30 days' written notice to the Township.
E.
Policies
of insurance required by this chapter shall be maintained in full
force and effect at all times. In the event that any coverage is canceled,
terminated, interrupted or decreased in amount, the tower shall be
removed from the official towers list until such time as the required
coverage is reinstated or replaced.
[Added 7-7-2010 by Ord. No. 2010-06]
A.
A private property towing company shall not remove a motor vehicle
from private property without the consent of the owner or operator
of the motor vehicle, unless:
(1)
The private property towing company has entered into a written
contract with the owner of the private property to provide private
property towing services;
(2)
The owner of the private property has posted a sign, in a conspicuous
place at each vehicular entrance, at least 36 inches high and 36 inches
wide stating:
(a)
The purposes for which parking is authorized and the times during
which such parking is permitted;
(b)
That unauthorized parking is prohibited and unauthorized motor
vehicles will be towed at the owner's expense;
(c)
The name, address and telephone number of the private property
towing company that will perform the private property towing;
(d)
The charges for the private property towing and storage of towed
motor vehicles;
(e)
The street address of the storage facility where towed motor
vehicles can be redeemed after payment of the posted charges and the
times during which a motor vehicle may be redeemed; and
(f)
That a consumer may contact the Division of Consumer Affairs
by calling 1-800-242-5846, Prompt No. 4;
(3)
The property owner has authorized the private property towing
company to remove the motor vehicle; and
(4)
The private property towing company tows the motor vehicle to
a secure storage facility having the capacity to receive it that is
nearest to the site from which the motor vehicle is towed.
B.
The provisions of Subsection A above shall not apply if a motor vehicle is parked:
(1)
On a lot or parcel on which is situated a single-family unit;
(2)
On a lot or parcel on which is situated an owner-occupied multi-unit
structure of not more than six units; or
(3)
In front of any driveway or garage entrance where the motor
vehicle is blocking access to that driveway or entrance.
C.
The provisions of Subsection A(2) above shall not apply if the private property from which the motor vehicle is to be towed is a residential community in which parking spaces are assigned to community residents and:
(1)
The assigned spaces are clearly marked as such;
(2)
There is documented approval from the private property owner
authorizing the removal of the motor vehicle; and
(3)
A sign is posted in a conspicuous place at all vehicular entrances
that:
(a)
States that unauthorized parking in an assigned space is prohibited;
(b)
States that unauthorized vehicles will be towed at the owner's
expense; and
(c)
Includes information or a telephone number enabling the motor
vehicle owner or operator to obtain information as to the location
of the towed motor vehicle.
[Added 7-7-2010 by Ord. No. 2010-06]
A.
A private property towing company shall not provide any benefit to
a person for information regarding a motor vehicle that may be towed
from private property.
B.
A private property towing company shall not refuse to release to
the owner or operator a motor vehicle that has been hooked or lifted
but not removed from private property.
[Added 7-7-2010 by Ord. No. 2010-06]
A.
A towing company that engages in private property towing or other
nonconsensual towing may charge fees for the following services:
(1)
Basic tow, which shall be a flat fee; and
(2)
In the case of a motor vehicle involved in an accident, for
the following additional services, if actually performed:
(a)
Waiting time in excess of 15 minutes, which shall be calculated
based upon each 15 minutes spent at the site from which a motor vehicle
will be towed, with fewer than 15 minutes rounded up to 15;
(b)
Brush cleaning, including collection of debris that can be picked
up by hand, which shall be a flat fee;
(c)
Site clean-up, which shall be calculated based upon the number
of bags of absorbent used;
(d)
Winching, which shall be based upon each half hour spent performing
winching;
(e)
The use of window wrap, which shall be a flat fee;
(f)
Tarping, which shall be a flat fee;
(g)
Transmission disconnect, a flat fee, which shall be charged
only if a motor vehicle is locked and the towing company is unable
to obtain the keys for the motor vehicle;
(h)
Use of a flat-bed tow truck, a flat fee, which shall be charged
if a motor vehicle can be transported only by a flat-bed tow truck;
(i)
Use of special equipment other than the first tow truck to recover
a motor vehicle that cannot be recovered by winching or pieces of
a motor vehicle that cannot be moved by hand, which may be both a
labor and an equipment charge billed in half-hour increments;
(j)
Decoupling;
(k)
Storage at a towing company's storage facility;
(l)
More than three trips to the motor vehicle in storage, which
may be invoiced as an administrative fee, which shall be a flat fee;
and
(m)
Releasing a motor vehicle from a towing company's storage facility
after normal business hours or on weekends, which shall be a flat
fee.
B.
A towing company that engages in private property towing or other
nonconsensual towing shall not charge for the use of a flat-bed tow
truck if a motor vehicle can safely be towed in an upright position
by another type of tow truck, even if the private property towing
company chooses to use a flat-bed tow truck for the tow.
C.
A towing company that engages in private property towing or other
nonconsensual towing may charge for the tolls it incurs driving to
the site from which a motor vehicle will be towed and while towing
the motor vehicle from that site to the towing company's storage facility.
D.
A towing company that engages in private property towing or other
nonconsensual towing shall calculate storage fees based upon full
twenty-four-hour periods a motor vehicle is in the storage facility.
For example, if a motor vehicle is towed to a storage facility at
7:00 p.m. on one day and the owner of the motor vehicle picks up the
motor vehicle before 7:00 p.m. the next day, the towing company shall
charge the owner of the motor vehicle only for one day of storage.
If a motor vehicle is stored for more than 24 hours, but less than
48 hours, the towing company may charge for two days of storage.
E.
A towing company shall not charge any fee for private property towing or other nonconsensual towing and related storage services not included in Subsection A above.
F.
If a towing company charges a consumer a fee for a private property or other nonconsensual towing service that is disputed by the consumer, the parties shall use good faith efforts to resolve the dispute. If the parties are unable to resolve the dispute and the Director determines the fee to be unreasonable under N.J.A.C. 13:45A-31.5, the Director may order the towing company to reimburse the consumer for an amount equal to the difference between the charged fee and a reasonable fee, plus interest, as calculated pursuant to Subsection G below.
G.
The interest rate imposed pursuant to Subsection F above shall be based on the average rate of return, to the nearest whole or half percent, for the corresponding preceding fiscal year terminating on June 30, of the State of New Jersey Cash Management Fund (state accounts) as reported by the Division of Investment of the Department of the Treasury.
H.
A towing company performing a private property tow or other nonconsensual
tow shall take the motor vehicle being towed to the towing company's
storage facility having the capacity to receive it that is nearest
to the site from which the motor vehicle is towed.
I.
A bill for a private property tow or other nonconsensual tow shall
include the time at which a towed motor vehicle was delivered to a
towing company's storage facility.
[Added 6-17-1992 by Ord. No. 1992-07; 7-7-2010 by Ord. No. 2010-06; 12-5-2012 by Ord. No. 2012-12]
A.
Fees for towing and storage of motor vehicles pursuant to this chapter
shall be in accordance with the fees established by the Garden State
Towers Association, Inc. and a copy shall be on file with the Township
Clerk. An updated copy setting forth the fees in effect shall be maintained
by each licensed tow truck operator and the Township Chief of Police.
[Amended 2-6-2019 by Ord.
No. 2019-01]
B.
The towing rates shall be calculated based on the total distance
traveled from the tow vehicle's base of service to the job site and
return by way of the shortest available route. Fractions shall "be
rounded up to the nearest whole mile.
C.
The hourly rate listed above shall not be applied to routine towing,
including flatbeds and/or service calls.
D.
Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fee for each vehicle transported.
[Added 7-7-2010 by Ord. No. 2010-06[1]]
A.
A fee for private property towing or other nonconsensual towing services
and storage services shall be presumed unreasonable if it is:
(1)
More than 25% higher than the fee charged by the towing company
or storage facility for the same services when provided with the consent
of the owner or operator of the motor vehicle; or
(2)
More than 50% higher than the fee charged for such other nonconsensual
towing or related storage service by other towing companies or storage
facilities operating in the municipality from which the vehicle was
towed.
[Added 6-17-1992 by Ord. No. 1992-07]
A.
Copies of this chapter and the schedule of fees that
may be charged by official towers shall be made available to the public
during normal business hours at the Township Municipal Building. Copies
shall also be made available to the public at each official tower's
place of business.
B.
All official towers shall 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.
C.
The township reserves the right to make periodic unannounced
inspections of the personnel, vehicles, equipment and storage areas
of all official towers.
D.
The relationship between an official tower and the
township is one of an independent contractor. Neither party shall
be construed in any manner whatsoever to be an employee of the other,
nor shall 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 shall be construed or considered as a joint venture, partnership,
association, contract of employment or profit-sharing agreement.
E.
The municipality shall not be liable or responsible
for compensating the official towers for any of the services performed
under this chapter unless those services are performed for township
vehicles. Compensation shall be the responsibility of the owner of
the towed motor vehicle, and the official tower shall proceed directly
against the owner.
F.
The official tower shall, at all times, be solely
responsible for the conduct of its employees.
G.
Each official tower shall 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
shall be available for inspection by the township at any time during
normal business hours. Records shall be kept and maintained by the
official tower at one central location and shall 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.
[Added 6-17-1992 by Ord. No. 1992-07]
A.
In the event that a complaint is received by the township
involving the improper or unsatisfactory performance of services by
an official tower, excessive charges or damage to a motor vehicle
while in custody of the tower, written notice of the same shall be
provided by the Township Clerk to the official tower involved. The
tower shall have the opportunity to respond, in writing, within five
days.
B.
Within 14 days of receipt of the tower's response
or within 21 days of receipt of the complaint if no response is received,
the matter shall be presented by the Township Clerk to the Mayor and
Council.
C.
The Mayor and Council shall consider the matter at
a regular public meeting and may request that the complainant and
the tower involved appear to give testimony regarding the complaint.
D.
If, after considering the matter, the Mayor and Council shall determine that one of the causes for revocation of the official tower's license, as set forth in § 223-6C, exists, the license shall be revoked and the tower shall surrender the same to the Township Administrator within one day.
E.
Failure to surrender the license upon revocation shall
constitute a violation of this chapter.
F.
Nothing contained herein shall prevent or limit the
right of any person to commence or maintain an action for damage or
any other relief directly against an official tower in a court of
competent jurisdiction.
A.
When an abandoned motor vehicle comes into the temporary
possession or custody of a person in this state, other than the owner
of the vehicle, or without such person's permission, such person shall
immediately notify the Police Department when the vehicle is within
the corporate limits of the township. Whenever a member of the Police
Department or any person determines that a motor vehicle has been
abandoned, he shall report such abandonment immediately to the Chief
of Police.
B.
Any person reporting the abandonment of a motor vehicle
shall sign an affidavit stating that the motor vehicle has been abandoned
for a period of more than 48 hours.
C.
Upon receipt of such notification, the Chief of Police
shall investigate and, if warranted, authorize a towing service under
contract with the township to remove and take possession of the abandoned
motor vehicle. The towing service shall safely keep the towed vehicle
and its contents, maintain a record of the tow until the vehicle is
claimed by the owner or any person legally entitled to possession
thereof or until it is disposed of as provided in this chapter.
When a motor vehicle has been abandoned on a
highway in the township for 48 hours or more, its removal by a towing
service may be authorized by order of the Chief of Police Department
of the township. The owner of the vehicle will be responsible for
all towing and storage costs.
[Amended 7-7-2010 by Ord. No. 2010-06]
A.
A towing
company that performs private property or other nonconsensual towing
shall retain, for three years, the following records:
(1)
Invoices
for both consensual towing and nonconsensual towing services;
(2)
Job
orders;
(3)
Documentation
of waiting time;
(4)
Logs,
which shall include the time when a towed motor vehicle was delivered
to the private property towing company’s storage facility and
the date and purpose of each trip to the motor vehicle in storage;
(5)
Documents
relating to private property and other nonconsensual towing services
performed and rates charged for services; and
(6)
Any
contracts under which the private property towing company is authorized
to perform private property towing services.
When the township takes possession of a motor
vehicle found abandoned, such taking of possession shall be reported
immediately to the Director of the Division of Motor Vehicles on a
form prescribed by him for verification of ownership. The Chief of
Police, or such member acting for him, shall notify the registered
and legal owner, in writing, by personal service or by registered
mail, at the last known address of the owner, of the removal of such
vehicle, the reason for same and the location of the vehicle.
Any time before a motor vehicle is sold at public
sale or disposed of as provided herein, the owner or other person
legally entitled to its possession may reclaim the vehicle by presenting
to the Police Department proof of ownership or proof of the right
to possession of the vehicle. No vehicle shall be released to the
owner or other person under this section until payment of all reasonable
costs or removal and storage of the vehicle and any fine or penalty
and court costs assessed against him for a violation which gave rise
to the seizure or taking possession of such vehicle.
The towing service shall notify the Police Department
whenever an abandoned motor vehicle remains unclaimed by the registered
owner or other person legally entitled to its possession for a period
of 30 days after the notice has been given as provided herein. Pursuant
to N.J.S.A. 39:10A-2, whenever an abandoned motor vehicle remains
unclaimed for a period of 30 days, the Police Department shall cause
it to be sold at public sale to the highest bidder. The township shall
give notice of such sale, by certified mail, to the owner, if his
name and address are known, and to the holder of any security interest
filed with the Director of Motor Vehicles and, by publication in a
form to be prescribed by the Director, of one insertion at least five
days before the date of the sale in one or more newspapers published
in this state and circulated in the Township of Lopatcong.
A.
When the identity of the registered owner or other
person legally entitled to the possession of an abandoned motor vehicle
cannot be determined by any means provided for in this chapter, the
vehicle may be sold as provided herein or disposed of in the manner
authorized by this chapter without notice to the registered owner
or other person legally entitled to the possession of the vehicle.
B.
Pursuant to N.J.S.A. 39:10A-3, if the township shall,
in its report to the Director of Motor Vehicles, certify on an application
prescribed by him that such motor vehicle is incapable of being operated
safely or of being put in a safe operational condition except at a
cost in excess of the value thereof, it shall request the Division
to forward to the township a junk title certificate thereto, with
proper assignment thereof, which shall be assigned and delivered to
the purchaser of the vehicle at public sale.
C.
A motor vehicle classified as an antique vehicle is
excluded from this section.
When a motor vehicle in the custody of the Police
Department is reclaimed by the registered owner or other legally entitled
person or when the vehicle is sold at public sale or otherwise disposed
of, as provided in this chapter, a report of the transaction and all
records shall be maintained by the Police Department and the towing
service for a period of two years from the date of the sale or disposal.
When a motor vehicle located within the corporate
limits of the township is authorized to be towed away by the Chief
of Police and disposed of as set forth in this chapter, the proceeds
of the public sale or disposition after the deduction of towing and
storage charges, fines and court costs, shall be deposited in the
township treasury.
[Amended 2-19-1992 by Ord. No. 1992-02; 6-17-1992 by Ord. No. 1992-07]
A.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not
to exceed $1,000, and each violation of any of the provisions of this
chapter and each day the same is violated shall be deemed and taken
to be a separate and distinct offense.
B.
In addition to the fine provided above, a violation
of any of the provisions of this chapter shall be cause for revocation
of the official tower's license.
[Adopted 5-5-1993 as Ord. No. 1993-08]
It is hereby determined and declared that the
placing, abandoning, leaving, keeping or storage out of doors of any
motor vehicle, not currently registered, inspected and insured for
the current year, or other requirements of New Jersey Division of
Motor Vehicles, or any unused machinery or equipment, is contrary
and inimical to the public welfare.
A.
No person shall place, abandon, leave, keep or store
or permit the placing, abandoning, leaving, keeping or storing of
any vehicles described by this chapter out of doors in the Township
of Lopatcong. Nothing herein contained shall be deemed to prohibit
the storage of any such vehicles in an enclosed garage, barn or other
building.
B.
A vehicle that is unregistered and uninsured, provided
that said vehicle is properly covered with a car cover or tarpaulin,
may be permitted for a period of three months on the vehicle owner's
property. The area around where the vehicle is parked must be properly
maintained and clear of grass and weeds.
[Amended 12-1-1999 by Ord. No. 1999-25]
A.
At the discretion of the Police Chief, any person
may maintain a motor vehicle altered for drag or stock car racing
as long as said motor vehicle is maintained on registered trailers.
Vehicles may not be kept in the front yard, and any work done on said
vehicles shall not interfere with the setting of the neighborhood.
[Amended 12-1-1999 by Ord. No. 1999-25]
B.
At the discretion of the Police Chief, the owners
of antique motor vehicles, which are classified as such under the
state statutes, are exempt from the provisions of this article as
long as they are properly registered and all regulations set forth
by the state are followed.
[Amended 12-1-1999 by Ord. No. 1999-25]
C.
At the discretion of the Police Chief, farm machinery
kept on the farmer's own premises shall be exempt from the articles
of this article as long as they are maintained and kept in an orderly
manner.
[Amended 12-1-1999 by Ord. No. 1999-25]
D.
New or used automobile dealers that are licensed by
the State of New Jersey for the purpose of displaying vehicles for
sale to the general public and have received zoning approval will
be exempt from this article as long as they hold a current dealer's
license and do not retain vehicles on their lot that are not salable
vehicles.
E.
Licensed service stations (repair garages) and auto
body repair shops will also be exempt from the provisions of this
article as long as they are licensed by the State of New Jersey for
the type of business they are conducting and have received zoning
approval for the area where they are operating. They shall maintain
a neat and orderly lot and limit the number of vehicles that are being
kept on the lot for repairs, according to the size of the available
space. No vehicle shall be kept on the lot for more than 30 days awaiting
repairs.
[Amended 12-1-1999 by Ord. No. 1999-25]
If any uncovered vehicle described in this article
shall be left for not less than 10 days on any private property, or
if any covered vehicle described in this article shall be left for
not less than three months, it shall be considered in violation, and
notice shall be served. If the violation occurs on lands owned by
the Township of Lopatcong, immediate action can be taken to correct
the violation before notice is sent to the owner of the vehicle in
question.
When a violation is observed, the Lopatcong
Township Police Department or the Zoning Officer of the Township of
Lopatcong shall serve notice to the tenant, owner or occupant in possession
of the land that a violation exists. This notice will serve as notice
that the violation must be corrected within 10 days of service of
such notice. This notice shall be served upon the owner, tenant or
occupant personally, by leaving it with any household member, by posting
it at the residence in question or by posting it on the vehicle in
question. If the owner is known to reside outside the township, then
notice shall be served upon him by certified mail, addressed to him
at the address of record, such as the address on the tax rolls or
address at New Jersey Division of Motor Vehicles. If this address
is unascertained, then notice shall be published in the newspaper
in which legal notices of the township are published. Said owner,
tenant or occupant shall so abate the violation within the time limit
fixed by ordinance after receiving such notice.
It shall also be in violation of this chapter
to leave vehicles on the roadway over 10 days while making repairs
within the Township of Lopatcong.
No person operating a business within the limits
of the Township of Lopatcong shall display or permit to be displayed
any vehicle for sale, unless he has obtained approval from the Lopatcong
Township Zoning Board and has been licensed by New Jersey Division
of Motor Vehicles and adhered to the regulations set forth in N.J.S.A.
39:10-1 et seq., unless said vehicle is registered to the business
owners or titled.
Whenever it shall appear to the Lopatcong Township
Police Department or Zoning Officer of the Township of Lopatcong that
a violation of this chapter occurs on township property or any roads
within the Township of Lopatcong, he shall:
A.
Determine whether the vehicle constituting the violation
constitutes or may constitute a traffic hazard to the public. If so,
he shall have it removed to a nonhazardous location or the place of
business of the duty tower until the owner shall come to claim it,
as in the case of a disabled vehicle on the highway where the owner/operator
fails to notify the police of the reason for it being there and when
it is going to be removed.
B.
If the vehicle is not creating a hazard, then, if
he can, determine who the owner is and serve notice that the vehicle
must be removed from the public property within 24 hours of service
of the notice. Notice of the violation and abatement shall be by notice
as stated in the previous section of this chapter. If the violation
is not abated within that time, action shall be taken to remove the
vehicle from the public property and to give the owner 10 days to
reclaim the vehicle. If the vehicle is not reclaimed within the 10
days, the owner shall be brought before the Court to show cause why
he violated this chapter.
If the owner of the vehicle fails to appear
for court or reclaim the vehicle, said vehicle will then be taken
into possession of the Police Department and shall be sold at public
auction to offset the cost of removal and storage, as prescribed by
law. In the event that said costs and such other penalties as may
be levied, in accordance with this chapter, are in excess of the sale
of the vehicle, the outstanding balance shall become a lien upon his
property in accordance with law and be collected in the same manner
ascribed and established for the collection of liens.
Anyone who shall violate any provision of this
chapter shall be fined not more than $50 for a first offense. For
a second offense, the fine shall not be more than $100 and a period
of community service not exceeding 30 days. For a third and subsequent
offense, the fine shall not be less than $200 and community service
not exceeding 90 days, at the discretion of the Judge before whom
said conviction is found. Each and every day said person fails to
comply with the notice beyond the date fixed for compliance may be
considered a separate and distinct violation.
This chapter shall not be deemed to limit any
other remedy or enforcement of remedy provided by state statute or
local ordinance.
