[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 4-9-1992 by Ord. No. 1992-7; amended in its entirety 9-22-2010 by Ord. No.
2010-12. Subsequent amendments noted where applicable.]
A.
ABANDONED VEHICLES
PERSON
TOWER
TOWING
TOWNSHIP
VEHICLE
WINCHING SERVICE
For purposes of this chapter, the following terms, phrases and words
shall have the meanings given herein:
A vehicle located on a public right-of-way not in operation
and with no operator or owner visible and as defined in Title 39.[1]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A person engaged in the business or offering the services
of a vehicle tower or towing service, whereby disabled motor vehicles
are towed or otherwise removed from the places where they are disabled,
impounded or abandoned by use of a tower or truck so designed for
that purpose.
Hoisting, lifting, removal, hauling and transportation of
any type of vehicle of any size from the highways, streets and roads
located in the Township of Mansfield.
The Township of Mansfield.
Any motor vehicle of any type or size, including but not
limited to passenger vehicles, trucks, trailers and other heavy vehicles
and equipment.
Any operation in which a vehicle is moved onto a roadway
from a position off the roadway or any other operation in which substantial
work is required to prepare a vehicle for normal towing.
[1]
Editor's Note: See N.J.S.A. 39:1-1 et seq., Motor Vehicles
and Traffic Regulations.
B.
When not consistent with the context, words used in the present tense
include the future; words in the plural number include the singular
number; and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
C.
Any term or word defined in the New Jersey Department of Insurance
Rules and Regulations, N.J.A.C. 11:3-38.1 et seq., shall be applicable
to this chapter.
A.
Generally. The governing body of the Township at the beginning of
each annual period shall secure a contract with the tower to be called
by the Police Department on a sequential order based on the rotation
list. An annual application fee and a license fee shall be paid to
the Municipal Treasurer by each tower so authorized. The contract
shall be secured after the submission of an application as hereinafter
set forth and the review and recommendation of the same by the Mayor
and the Chief of Police, said contract to be awarded by the Township
Committee. Any tower receiving a contract shall be placed on a rotation
list. In the event that the tower assigned to a particular rotation
is unavailable, then the next tower on the list shall be called during
said rotation. Pursuant to N.J.S.A. 40A:11-15(22), each towing and
storage contract can be awarded up to a three-year term at the discretion
of the Township, commencing January 1 of each new contract year. Applications
for the next contract period shall be received no later than October
1. A maximum number of towers to be accepted by the Township will
be seven. The applications will be reviewed on a first-come-first-served
basis. Any towers submitting after the seventh application has been
received will be put on a list. Should any of the first seven towing
companies be disqualified for any reason or withdrawn by the applicant,
the Township will move down the list numerically to secure its total
of seven towers.
[Amended 10-24-2012 by Ord. No. 2012-10]
B.
Application process. Any person interested in being placed on the
aforementioned rotation list, by way of a contract award, shall submit
an application on a form to be prepared by the Township Clerk or his
designee, said form to contain at a minimum the information specified
herein. The applicant shall provide, at a minimum, the following information:
(1)
A list of required equipment and proof of ownership.
(2)
The experience of the applicant, with references.
(3)
Available personnel (employees).
(4)
Proper business and trade licenses and license of vehicles.
(5)
The storage location, setting forth capacity, contractor responsible
for safe storage area location and proof of ownership or lease of
storage area.
(6)
Insurance and proofs of coverage.
(7)
A list of stockholders.
(8)
A noncollusion affidavit.
(9)
An affirmative action affidavit.
(10)
A hold-harmless agreement.
(11)
Certification that the applicant is able to provide towing services
anywhere in the Township in accordance with the chapter response times.
(12)
Certification that the applicant will be available for service on
business premises 24 hours a day and will abide by the fees set forth
in this chapter.
(13)
Certification that the applicant shall consent to the appointment
of the Township 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.
C.
Review of application. The Chief of Police shall conduct a background
check of the applicant and any employees to be utilized in the towing
and storage operation. The background check is to determine if either
the applicant or its employees 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 a driver's
license within the past year shall be a cause for the disqualification
from being awarded the contract. The Chief of Police or his designee
shall conduct an inspection of the employees, 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 the applicable laws, regulations and standards
of performance required by this chapter. The Township shall, at the
cost of the applicant, obtain a Better Business Service Bureau Report
and any other reports that the Township Committee may deem necessary.
After a thorough investigation, the Chief of Police shall recommend
to the Township Committee whether an applicant should be awarded the
appropriate contract to provide towing services to the Township of
Mansfield in accordance with the terms and conditions of this chapter.
D.
Independent contract. By submission of the fee and application, the
tower agrees that all personnel and equipment used under the terms
of the contract shall be and remain property of the tower, and in
no event shall the property or any employee of the tower be represented
or considered belonging to or employed by the Township of Mansfield.
The tower shall be operating under a contract and in no way or sense
is an agent or employee of the Township of Mansfield.
E.
Hold-harmless agreement; liability.
(1)
The tower, by submission of the fee and application, agrees 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 or nature whatsoever, resulting from, caused
by, arising out of or as a consequence of the provisions of providing
the services required by this chapter. Prior to providing the towing
services, the tower shall execute the appropriate contract containing
the required hold harmless clause.
(2)
The owner of the garage or the parking or storage location shall
also agree to indemnify and hold harmless the Township and its officers,
employees and agents from any and all suits, actions, damages or claims
arising out of the performance of the duties specified in this chapter.
(3)
The Township of Mansfield shall not be liable for any service whatsoever
which may be rendered to motor vehicles, and the tower shall only
seek payment from the driver and/or owner of such vehicles for compensation.
F.
Township Committee decision. The Chief of Police shall conduct the
aforementioned review and investigation and render a report to the
Township Committee recommending either approval or denial of the application
within 21 days of the receipt of the application from the Township
Clerk, who shall immediately forward the review and recommendation
to the Township Committee. The Township Committee shall take action
with regard to the application and award or not award a contract within
14 days of the receipt of the report and recommendation of the Chief
of Police. The applicant or its representative shall be given notice
of the date on which the Township Committee shall consider the application
and the award of the contract and shall be permitted to appear and
be heard at said time. 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 Committee. Not more than six total
light duty towing licenses and not more than total medium/heavy duty
towing licenses shall be issued.
The following general requirements shall apply to all towers
and towing operations acting on behalf of the Township of Mansfield:
A.
Required equipment. The tower shall have sufficient equipment, either
owned or by leasing from a bona fide leasing company, and said tower
may not utilize other competing and/or joint venture-type arrangements
with other towing companies to tow any size vehicle utilizing the
highways, streets and roads in the Township of Mansfield. The minimum
requirement for medium/heavy duty towing is one thirty-ton capacity
wrecker equipped with a wheel lift and/or under-reach lift, and one
ten-ton capacity wrecker equipped with a wheel lift and/or under-reach
lift. The minimum requirement for light duty towing is four-ton capacity
flatbeds or one four-ton capacity wrecker and one (1) four-ton capacity
flatbed.
(1)
At the time of the submission of the application, the tower shall
submit proof satisfactory to the Township and the Police Department
of ownership of the aforementioned vehicles. Adequate proof shall
be proof of ownership by recorded title of the required number of
vehicles necessary to meet the chapter requirements or executed lease
for the equipment required extending six months beyond the length
of the contract. Failure to submit the aforementioned satisfactory
proof shall result in the disqualification of the tower.
(2)
Safety equipment to be carried on all trucks shall include:
(a)
Wheel lift or chassis lift/under reach.
(b)
"J" hooks and chains or tie-downs.
(c)
Snatch block.
(d)
Two high-test safety chains.
(e)
Auxiliary safety light kit (to be placed on the rear of a towed
vehicle that does not have functioning tail light flashers).
(f)
Rotating amber emergency lights mounted on the top of the tow
truck (State-issued permit is required and it must be in the truck).
(g)
Two white work lights facing the rear of the vehicle.
(h)
Two safety cones (minimum height of 18 inches) with reflective
strip
(i)
One shovel.
(j)
One broom.
(k)
Steering wheel tie-down.
(l)
Off-side truck winching.
(m)
Jumper cables or jump box.
(n)
One fuel can capable of carrying five US gallons of fuel.
(o)
Spill absorbent ("SpeedyDry").
(p)
Toolbox with assorted hand tools.
(q)
Two-way communication system, radio or cellular, with communication
between the licensee's base and all of the required trucks and from
truck to truck.
(3)
Tow-truck lettering. All tow trucks operated by the licensee shall
be permanently lettered on both sides in accordance with N.J.S.A.
Title 39. Newly purchased vehicles will be allowed a four-week grace
period during which time magnetic signs may be used.
(4)
Required communication. The licensee shall maintain a twenty-four-hour
phone number which is manned by the licensee's personnel, or utilize
a call-taking service. Such personnel must have constant two-way communication,
radio or cellular, with the licensee's vehicles. Phone calls may be
forwarded from the principal business location to a residence during
night-time hours as long as two-way communication can be maintained
with the licensee's vehicles.
B.
Employees. The tower shall have a sufficient number of employees
available to comply with the minimum operational requirements of this
chapter. The tower shall indicate in his application the number of
employees who will be on the day shift and the number assigned to
the night shift, seven days a week.
(1)
No person shall be employed by the tower unless the Township has
obtained a records check and has been approved by the Chief of Police.
(2)
All drivers of the tower shall be over the age of 18 years and must
have a valid, current New Jersey driver's license with no restrictions
or conditional endorsements, except conditions requiring glasses,
and shall be in good health and of high moral character.
(3)
The tower shall submit with the application to the Township the names
and addresses of all proposed drivers and employees who will be rendering
service under this contract on behalf of the tower. This information
will be kept current to the Township by the tower.
(4)
No driver shall perform services under this contract unless previously
listed by the contractor to the Township.
C.
Availability; response time. The tower shall be available 24 hours
a day, seven days a week for the use of the Township at the direction
of the authorized representatives of the Police Department as per
the rotation requirements hereinafter set forth. During the rotation
that the tower has exclusive rights to tow vehicles on behalf of the
Township of Mansfield, said tower shall be called or dispatched first
by the Police Department. In the event that said tower is unavailable
with respect to a particular incident, then the next tower shall be
called or dispatched to the scene, the next tower to be as set forth
on the rotation list established by the Township Committee upon the
recommendation of the Chief of Police. The rotation list shall be
as a result of the receipt and review of the approval of the aforementioned
applications and the award of a contract with respect thereto. In
the event that none of the towers set forth on the rotation list are
available or are able to provide the appropriate services as requested
by the Township, or if an emergency exists, the Township may request
such services from any other available source. During adverse weather
conditions, heavy traffic conditions or emergency conditions the tower
set forth on the rotation list shall give priority to requests from
the Township over any other request which may be received by the tower.
Notwithstanding the establishment of a rotation list by the Township
Committee, no tower shall be called until the Chief of Police or his
designee has ascertained that the following requirements have been
met:
(1)
The insurance policies, as required, have been procured and supplied.
(2)
The vehicle to be used for towing has been properly licensed and
inspected by the State of New Jersey and has the necessary stickers
affixed. No vehicle shall be licensed as a wrecker which is using
dealer license plates or which has failed inspection.
(3)
The requirements of this chapter and all other laws, statutes and
ordinances have been met.
D.
Storage location. The vehicles must be towed to a location containing
a minimum storage area of at least 10,000 square feet. The applicant
shall submit as part of the application process proof that he owns
or can lease the aforementioned minimum storage area. For the convenience
of the public and for investigative purposes, the storage area must
be located within a twelve-mile radius from the Township of Mansfield's
boundary lines. If the tower has an option to lease the required storage
area, he shall submit with his application a copy of the option agreement
containing the legal description, together with a copy of the survey
of the land. The lease shall extend to at least six months after the
termination of the contract. The surveys, as required herein, shall
have set forth thereon a certification by the surveyor to the Township
as to the square footage within the storage area as surveyed. The
storage area shall meet the following requirements:
(1)
The land used for the storage of vehicles shall be zoned for such
use and meet all applicable municipal codes. In addition, it shall
be in an area reasonably accessible to the public so that stored automobiles
may be claimed.
(2)
No towed vehicle may be parked upon the public street and shall be
stored by the tower within the storage area as hereinafter defined.
(3)
The storage area must be accessible 24 hours per day by the police.
(4)
The storage area shall accept all types of cars and trucks and be
able to hold at least 25 vehicles of any type.
(5)
The entire land area shall be enclosed by a fence of sturdy construction
of at least six feet in height and shall be secured with lighting.
(6)
All the land proposed to be utilized by the tower for storage shall
be level and clear of all debris and must be clearly marked.
(7)
The storage area shall be used for the storage of vehicles awaiting
a claimant or an auction sale only. The land shall not be used for
the storage of vehicles owned by the tower even if the tower purchases
the same at an auction held on the premises. Any vehicles purchased
by the tower at an auction shall be removed from the site of the auction
within the time specified in the advertisement.
(8)
The tower shall be responsible for each vehicle in his area until
final disposition and removal as ordered by the Township. All vehicles,
regardless of conditions, shall be stored singly and so arranged to
permit inspection and subsequent removal. Adequate walkway inspection
space shall be provided at all times.
E.
Rotation lists. The Township shall maintain two rotation lists. One
list shall contain applicants capable of providing light-duty towing,
as set forth in the Towing and Recovery Association of America, Inc.,
Vehicle Identification Guide as Class I and Class II. That list shall
be known as the "light-duty list." The Township Police Department
shall also maintain a rotation-based list of companies for medium-
and heavy-duty towing. Companies on this list must maintain equipment
capable of towing vehicles in Class III through Class VIII, Towing
and Recovery Association of America, Inc., Vehicle Identification
Guide. That list shall be known as the "medium- and heavy-duty" list.
F.
Records; inspection; release of vehicle.
(1)
The tower shall maintain records of all vehicles towed, stored and
released by him pursuant to this chapter. Records shall be kept for
a seven-year period. The tower shall maintain a record provided by
the police of all property found anywhere in a towed vehicle, including
trunk and glove compartment if opened or key available, and the tower
shall be responsible to safeguard and release the contents to the
owner.
(2)
Only the Chief of Police or his designee shall have access to any
part of the storage area at any time of the day or night for inspection
purposes, including both indoor and outdoor areas. Authorized representatives
of the Police Department or the Township Committee or their designees
shall have access to any of the records required to be kept by the
tower.
(3)
The tower shall not release vehicles towed under this contract without
the claimant first obtaining a release from the Police Department.
(4)
The service, equipment and personnel are subject to periodic inspections
and approval of the Township. The Township reserves the right to have
a qualified person or agency make such inspections.
G.
Disputes and adjustment. Any disputes over the interpretation of
the contract, including reasonableness of any fees assessed, shall
be settled amicably, if possible, through negotiations between the
tower, the Police Department and the Township Committee. In cases
where the Township has been at fault in wrongfully directing that
a vehicle be towed, the tower may petition the Township Committee
for reimbursement of costs incurred in the towing and storage of said
vehicle.
H.
Standby service. In addition to the service requirements of this
chapter, the tower shall be required to furnish extra towing equipment
and service during storm periods, periods of snow emergencies, traffic
emergencies, disasters, any acts of God and for any other reason when
so designated by the Township Committee and/or Chief of Police or
their duly authorized representatives. During such periods, which
are herein referred to as "standby service periods," the tower shall
be required to furnish adequate equipment and service to be held ready
to remove all types of vehicles. Standby service will begin when the
Chief of Police or his authorized designee calls the tower initially
and will end when he terminates the standby status by calling the
tower. The Township reserves the right, during any emergency, to designate
temporary areas owned or leased by the Township for the storage of
disabled vehicles in said area at the direction of the Chief of Police
or his designee.
A.
Removal. Vehicles shall be removed as follows:
(1)
Abandoned vehicles.
(a)
Abandoned vehicles as defined in Title 39 of the New Jersey
Revised Statutes shall be removed under the direction and supervision
of the Police Department on a twenty-four-hour-a-day basis. All calls
with respect thereto shall be answered within 30 minutes from the
time of notification under normal conditions, seven days a week, anywhere
within the Township limits unless the Police Department determines
it is not a threat to vehicle, traffic or persons and could be removed
during regular business hours. Abandoned vehicles shall be towed without
charge to the Township to the aforementioned required storage area
and stored thereon for no longer than 90 days without any charges
or liens accruing against the Township. Abandoned vehicles remaining
after 90 days may be removed from the secured area, provided that
a junk title has been applied for pursuant to the provisions of Title
39, said application to be by the tower.
(b)
The tower may be penalized $150 per day for each abandoned vehicle
not removed and towed within a reasonable amount of time after notification
by the Police Department and such may be grounds for termination of
the contract.
(c)
The requirement to tow abandoned motor vehicles shall only apply
to public rights-of-way, easements, avenues, places, including public
parks and playgrounds, and all quasi-public areas. The owner of private
property shall be responsible for the removal of any unattended or
disabled vehicles in accordance with the provisions of N.J.S.A. 39:4-56.6,
and shall employ a tower of his choice.
(d)
The Township retains the right to require that the abandoned
vehicle shall be towed to municipal property and to retain any monies
realized from the sale of such vehicles. Otherwise, it shall be the
responsibility of the tower to provide for the disposition of abandoned
vehicles and the issuance of junk motor vehicle titles in accordance
with the provisions of Title 39. The Township Police Department shall
assist in providing any information needed for the proper disposition
of such vehicles.
(2)
Vehicles not abandoned.
(a)
All vehicles involved in accidents, disablements, stolen vehicles,
vehicles involved in suspected crimes and the like shall be towed
and stored under the direction and supervision of the Police Department
24 hours a day, seven days a week. Vehicles shall be available for
release between the hours of 9:00 a.m. and 5:00 p.m., Monday through
Friday, and 9:00 a.m. and 12:00 noon, Saturdays and Sundays, except
legal holidays. Sunday hours are optional. However, no storage charge
for Sunday shall be assessed if a vehicle is picked up on Monday.
The tower shall arrive at the scene of the accident within 30 minutes
under normal conditions after police notification. Repeated late arrivals
at the scene of accidents may result in the termination of the contract
as otherwise provided in this chapter.
(b)
In the event that the tower has been summoned by the Township
for purposes of towing a vehicle and the owner of the vehicle has
also summoned his own tower and said tower arrives on the scene prior
to the removal of the vehicle by the Township tower, then the owner
is entitled to remove his own vehicle at no cost or expense to the
owner or to the Township. There shall be no charge to the Township
for the tower appearing at the scene under said conditions.
(c)
The tower shall, at no cost to the Township, be responsible
for the changing of patrol car tires when disabled and the towing
of disabled police vehicles when required by the Police Department.
The tower shall, without charge to the Township, complete any inspections
of motor vehicles, including garage reports and fatal motor vehicle
accidents as determined by the Police Department.
(3)
Storage. The tower shall store the abandoned and nonabandoned vehicles
in the storage area as required in this chapter. The vehicles shall
be stored until claimed by the owner or until auctioned by the Township
in compliance with state law or as otherwise to be disposed of pursuant
to state law. Vehicles to be removed shall be towed to the tower's
storage area or to Township property at the discretion of the Township
police.
A.
The tower shall indemnify and hold harmless the Township of Mansfield
from any and all claims against the Township of Mansfield arising
out of the operation of any towing services, garage services, storage
services, or repair services under this chapter. Liability insurance
shall include contractual liability of $1,000,000 combined single
unit.
B.
The tower shall carry workers' compensation insurance in accordance
with the requirements of New Jersey State law. The tower shall also
carry public liability and property damage and contingent liability
insurance to indemnify the Township of Mansfield and the public against
any loss due to injuries, accidents or damages of any character whatsoever,
where any such damage is the result of any act or omission of the
tower, his agents or employees in or due to the execution of the work
called for under the contract and this chapter. Such policies shall
contain the provision that 30 days' notice of change or cancellation
be given to the Township by the insurance company. Public liability
insurance limits shall be at least $500,000 per accident and be specifically
endorsed to provide collision insurance for vehicles in tow. In addition,
the tower shall have coverage for contractual liability and also name
the Township as an additional insured. All insurance required hereunder
shall remain in full force and effect for the period of the contract.
C.
The tower shall have appropriate bodily injury liability insurance
with $1,000,000 combined single limit.
D.
The tower shall have automobile bodily injury liability insurance
with limits of not less than $500,000 for each person and $1,000,000
for each accident and property damage liability insurance with a limit
of not less than $500,000 for each accident.
E.
The tower shall have garagekeepers' liability in an amount of not
less than $60,000 per location and garage liability in an amount of
not less than $1,000,000 combined single limit.
F.
Certificates of insurance showing that both the tower and the Township
of Mansfield are named as additional insured, in conformance with
the above, shall be furnished to the Township purchasing agent, subject
to approval of the Township Solicitor, and filed with the Township
Clerk. The certificates of insurance shall be delivered to the Township
purchasing agent together with the executed contract.
A.
Generally.
(1)
Towing and storing charges and fees shall be in accordance with the
provisions of this chapter. The Township shall not be responsible
for the collection or payment of any charges for the towing or storage
of vehicles. The charges and fees and rates applicable to services
performed pursuant to this chapter shall be posted in a conspicuous
place visible to the public at the tower's storage area and a schedule
of these charges and fees and rates shall be stored inside each and
every vehicle. The tower shall prepare a bill for charges pertaining
to each vehicle and present the same to the claimant of a vehicle.
The bill shall be itemized in detail as to the actual services rendered
and shall contain a statement that the claimant may complain with
respect thereto to the Township. The Township will not be responsible
for charges due and owing from a claimant of a vehicle, nor will it
assist the tower in collecting such charges. Vehicles towed or impounded
at the direction of the Mansfield Township Police Department in connection
with a police investigation (e.g., fatal crash, stolen vehicle, search
warrant execution) will not be charged to the Township, and in the
case of impounds, will not incur storage charges until the vehicle
is released by the police department.
(2)
In the event the Township conducts an auction of unclaimed abandoned
vehicles pursuant to Title 39, the tower's bill for towing and storage
shall be an expense of possession and sale and shall be paid from
the proceeds of such auction. Each vehicle auctioned shall be a separate
item for purposes of this subsection. The title fee which the Township
must pay the State of New Jersey for title certificates shall be paid
by the purchaser at the auction even if the tower is the purchaser
and shall be in addition to the bid price of each vehicle. In the
event the Township determines to utilize the provisions of Title 39
with respect to unclaimed vehicles, the tower shall receive no compensation
for its services.
(3)
The fee for towing a vehicle shall include the service rendered from
the scene where the vehicle is located to the storage area and from
the storage area to the curbline of the property on which is located
the storage area. There shall be no additional charge for towing a
vehicle from the storage area to the curbline for the purpose of an
owner of a vehicle towing the vehicle to a service station or other
vehicle repair shop or the person's home or any location, unless otherwise
provided in this chapter. The charge for towing includes any incidental
and related costs such as connecting and reconnecting a transmission.
There shall be no additional charges for any other services, including
but not limited to waiting time, cleanup costs and additional labor
when the towing services as defined herein are provided, except as
otherwise provided herein. The tower may charge a fee for a vehicle
lockout service, i.e., when a tower responds and opens a locked vehicle
when the owner/operator has locked the keys in the vehicle or is otherwise
unable to open the vehicle. If the towed vehicle is equipped with
a trailer, no additional fees may be charged unless additional equipment
is needed to tow the trailer.
B.
The licensee shall accept a minimum of two major credit cards 24
hours a day, and must be able to do so both at the principal location
and by drivers on the road at the time service or tow is performed.
C.
Charges and fees. The charges, fees and rates for vehicles to be
towed and stored shall be as follows:
(2)
(3)
(4)
(5)
Removal of vehicles from storage lot. A storage removal fee of $35
may be assessed for removing an inoperable, nondriveable vehicle from
the storage lot. No fee shall be charged for vehicles that are driven
off of the lot.
(6)
Waiting-time charge shall not exceed $35 per hour. Waiting time is
the additional time a tow operator spends at the scene other than
the time required for the actual tow and or recovery. Waiting time
may only be charged if the tow operator is required to wait until
EMS services are provided or a police investigation is being conducted.
Waiting time must exceed 15 minutes before charges can be applied.
(7)
For motor vehicle crashes involving medium- or heavy-duty towing,
a fee of $25 per person, per 15 minutes, may be charged for on-scene
cleanup.
(8)
If no keys are available for a vehicle being towed, a fee of $25
may be charged.
D.
Specialized equipment. In cases where the tower must hire laborers
or rent or utilize specialized equipment not specified in this chapter,
all reasonable charges therefore shall be paid by the owner of the
vehicle, after the owner of the vehicle or his agent has given his
prior written consent thereto, except where said vehicle is deemed
a hazard to health or safety, whereupon said vehicle will be removed
by the direction of the Chief of Police or his designee, with the
owner then being responsible for all personnel, equipment and labor
costs. The necessity for specialized equipment shall be determined
by the Chief of Police or his designee.
E.
Unloading of goods. In the event that it is necessary to unload a
vehicle which has been used for transportation of goods prior to or
after towing, an agreement shall be reached between the tower and
the owner of the vehicle or the owner's agent or representative as
to the charge for said service. No written agreement is necessary
in an emergency situation, and the Chief of Police or his designee
shall determine when an emergency exists.
F.
Pursuant to N.J.S.A. 40:48-2.50(3), all fees to be paid to an operator
by a municipality for the storage of removed motor vehicles shall
not exceed a limit of $400 per vehicle stored, regardless of the duration
of the storage, except that a waiver may be granted for good cause,
upon the request of the Township, by the Division of Local Government
Services in the Department of Community Affairs.
[Added 10-24-2012 by Ord. No. 2012-10]
A.
Suspension or revocation. The Township Committee shall have the right
to suspend or revoke any license issued under this section for good
cause upon written complaint of the Chief of Police following his
determination that there is probable cause for suspension or revocation
based upon violation of this section.
(1)
A license may be denied, suspended or revoked for fraud, misrepresentation
or false statement in the course of conducting the towing operation,
for violation of this section, or for conviction of the applicant,
its officers or a person or entity holding an interest of 10% or larger
in the applicant, of a crime involving moral turpitude or relating
to the towing business. A license may also be denied if the applicant
has had a towing license or contract revoked while working for any
other municipal, county or state agency. Such revocation shall have
occurred within a twelve-month period prior to making application
in the Township of Mansfield.
(2)
Written notice of such complaint and the basis of the complaint shall
be given to the licensee, and the licensee shall be entitled to a
hearing before the Township Committee prior to final determination
of the complaint by the Township Committee. If, after the hearing,
a majority of the members of the Township Committee present and voting
decide that there has been a violation, they may terminate of suspend
the license.
B.
Emergency suspension. A license may be suspended by the Chief of
Police whenever the Chief in his reasonable judgment considers such
suspension necessary for reasons of safety, or has reason to believe
that the licensee is not covered by the insurance required by this
section. Such suspension shall continue until terminated by the Chief
of Police, provided that if the suspension is not terminated within
three business days, the Chief shall file a complaint for suspension
or revocation pursuant to this section, and the suspension shall remain
in effect pending a determination of the complaint.
C.
Temporary license. In the event of an emergency suspension or other
failure of the licensee to perform its duties under this section,
the Chief of Police may issue a temporary license to a towing operator
to operate during any licensee's failure to perform, should the replacement
of said licensee be deemed necessary. The issuance of a temporary
license shall be reported to the Township Committee immediately upon
issuance. Temporary licenses may be issued for a thirty-day period,
which may be extended for two additional thirty-day periods.
