Township of Moorestown, NJ Motor Vehicle Towing and Storage

Pursuant to and in accordance with the terms of N.J.S.A. 40:48-2.49, the township hereby regulates the removal of motor vehicles from public property by operators engaged in such practice and establishes the fees to be charged for said removal and storage, as well as penalties for any violations thereof. It is the express policy of the township that no qualified applicant shall be excluded from this program or denied approval on the basis of race, religion, gender or national origin or be in any other way discriminated against unlawfully.

§ 168-78 Definitions.

When used in this article, the following terms shall have the following meanings:

OPERATOR

A person who is in physical control of a vehicle.

TOW COMPANY

A person, firm or corporation engaged in the business of offering the services of a vehicle wrecker or tow service, whereby disabled motor vehicles are towed or otherwise removed from the places where they are disabled, impounded or abandoned by use of a wrecker or truck so designed for that purpose.

TOWNSHIP

The Township of Moorestown.

TOW VEHICLE

Those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal or transport of motor vehicles.

WINCHING SERVICE

Any operation in which a vehicle is moved onto a roadway from a position off the roadway or any operation in which substantial work is required to prepare a vehicle for normal towing.

§ 168-79 Tow list.

A list of qualified and eligible tow companies shall be compiled and maintained by the Chief of Police.

[Amended 11-30-2015 by Ord. No. 25-2015]

Tow company services shall be selected from said list on a rotating basis to ensure fair and reasonable access to towing jobs within the township.

In order to be placed on said list, a towing company shall agree to comply with the conditions and regulations set forth in this chapter and Chapter 180, Zoning, of the Code of the Township of Moorestown.

An annual fee of $120 shall be paid to the Township Treasurer by each tow company on said eligible list.

§ 168-80 Application process.

An application for inclusion on the township's tow list shall be evaluated on the basis of response time, geographic location of the proposed storage facility and minimum standards of tow company performance.

All applications shall be submitted to the Chief of Police for review and processing.

[Amended 11-30-2015 by Ord. No. 25-2015]

The following standards shall be the basis for application review.

(1)

Satisfactory background check by Township Police Department of all tow operators. The tow company shall submit a proposed operators list to the Police Chief with the application and shall update said list as necessary.

(2)

Applicants and/or operators shall be rejected if deficiencies are disclosed or verified as follows:

(a)

Inaccurate information on the application form.

(b)

Unsatisfactory County Consumer Affairs Office report.

(c)

Lack of experience and/or has unsatisfactory references for the applicant's towing or storage service.

(d)

Lack of available qualified personnel to carry out the duties of a tow operator or storage service.

(e)

Lack of the proper business/trade licenses.

(f)

Does not have available the type of tow vehicle needed for the services required. An applicant shall have at least one boom type truck and one flat bed type truck.

(g)

Fails to provide service on a twenty-four-hour basis, seven days a week.

(h)

Fails to maintain a communication system between the dispatch center and the tow vehicles on a twenty-four-hour basis.

(i)

Fails to provide evidence of adequate insurance.

(j)

The applicant's storage facility shall meet the following minimum requirements:

[1]

Capacity must be enough to accommodate 20 vehicles.

[2]

Facility shall provide secure, fenced and lighted storage.

[3]

Storage area location shall be within a four-mile radius of the township.

[4]

Storage area shall be legally zoned for such use. Proof of proper zoning shall be submitted from a Municipal Zoning Officer.

[5]

Proof of ownership or lease of storage area shall be provided.

[6]

Facility shall be available 24 hours a day, 365 days per year and open to the public on weekdays, during normal business hours and limited hours on Saturdays and Sundays.

[7]

No release fee shall be charged for releasing vehicles after normal business hours.

(k)

Criminal convictions involving the operator or tow company unless waived for cause by the Chief of Police.

[Amended 11-30-2015 by Ord. No. 25-2015]

All recommendations for approval or disapproval by the Chief of Police shall be made to the Township Manager, who shall make the final decision with regard to inclusion on the authorized towing list.

[Amended 11-30-2015 by Ord. No. 25-2015]

§ 168-81 Approval/inclusion on list.

Upon approval by the Township Manager, a tow service shall be placed on the approved list of tow companies. Said approval is nontransferable.

Inclusion on the tow list shall run for one year and shall be renewable each succeeding year. The initial annual fee is due at the time of application. Subsequent annual fees are due on or before January 10 of each year. A prorated amount shall be charged for partial year licenses. All fees are nonrefundable.

All approvals granted hereunder may be summarily revoked by the township if the Township Manager finds that any towing service or storage facility is in violation of any terms of this article, has supplied fraudulent or inaccurate information in its application, has provided unsatisfactory service, is in violation of New Jersey Department of Banking and Insurance rules, fails to maintain proper records or for any other good cause shown.

§ 168-82 Insurance.

All persons approved pursuant to this article shall maintain in force, at all times during the term of the approval, liability insurance in a form and amount acceptable to the Township Manager, but, at a minimum, in the types and limits set forth below:

(1)

Automobile liability coverage in an amount not less $1,000,000 combined single limit.

(2)

Worker's compensation coverage as required by general law.

(3)

Garagekeepers' liability in an amount not less than $60,000 per location.

(4)

Garage liability coverage in an amount not less than $1,000,000 combined single limit.

(5)

Miscellaneous coverage to provide complete indemnification of the township against any and all risks of loss or liability, including comprehensive general liability.

Policies must be endorsed to provide collision coverage for vehicles in tow.

The township shall be named as an additional insured on all such policies and shall receive a thirty-day notice of cancellation.

All towing companies shall produce satisfactory proof of coverage at the time of application.

§ 168-83 Operation of towing list.

Assignments for towing companies shall be made on a rotating basis from the list of those granted approval hereunder, and said list shall be used by the Township Police Department or emergency services to acquire towing service in connection with a motor vehicle accident or for any other emergency.

If the Police Department determines that, due to the nature of the services required, the next-in-line tow company cannot provide the service needed, the Police Department may call another company on the list or bypass the list for other specialized equipment. The tow company whose turn was bypassed shall maintain its position on this list for a subsequent call.

The rotation shall be call by call. In the event of a multiple vehicle incident, if the next available tow company is capable of towing all vehicles involved, then only that company will be called.

§ 168-84 Additional rules and regulations.

The Chief of Police is the municipal officer designated to enforce the provisions of this article.

[Amended 11-30-2015 by Ord. No. 25-2015]

This article and the fee schedules referred to herein shall be available for inspection by the public in the Township Clerk's office during normal business hours.

All facilities and equipment used by a towing company hereunder shall be subject to Township approval and shall be made available for periodic inspection by the Chief of Police or his designee at all reasonable times.

[Amended 11-30-2015 by Ord. No. 25-2015]

(1)

The vehicle to be used for towing must be properly licensed, inspected, equipped with warning lights and have the necessary permits issued by the State of New Jersey and have all necessary stickers affixed. A tow vehicle shall not use dealer license plates, have failed inspection or have an overdue inspection.

(2)

The tow company shall respond with the appropriate tow vehicle(s) within a reasonable period of time after being called by the Police Department, depending upon location, weather conditions and time of day. Response times exceeding 20 minutes shall be deemed unreasonable unless caused by circumstances beyond the control of the tow company.

(3)

The vehicles shall be towed to a location meeting the following requirements:

(a)

Located within a four-mile radius of the Township of Moorestown.

(b)

Fenced, secured and lighted.

(c)

Accessible 24 hours per day by the Police.

(d)

Accepts all types of cars and trucks.

(e)

Holds 20 vehicles.

(4)

Every tow vehicle called by the Police Department shall receive a copy of the impound vehicle/release form prior to towing a vehicle. The tow company shall be responsible for keeping an accurate inventory on forms provided by the Police Department of the vehicles towed and will provide a monthly report to the Police Department indicating the vehicles towed for the month. The inventory shall include the number of vehicles released during the month and those remaining in storage. The Police Department shall conduct periodic sales for unclaimed vehicles, as warranted.

(5)

Site cleanup shall be required after every motor vehicle accident. The roadway is to be broom swept to remove broken glass and minor vehicle parts. All debris shall be removed from the scene.

Employees of an approved towing company shall in no way be deemed to represent or be employed by the township, and each towing company shall be responsible for the proper conduct of its employees.

Anyone having a complaint about a towing company, including, but not limited to, excessive charges, damage to vehicles, etc., shall reduce said complaint to writing and submit the same to the Township Manager through the Chief of Police not later than 30 days after the occurrence of the event complained of.

[Amended 11-30-2015 by Ord. No. 25-2015]

(1)

Upon receipt of such complaint, the Chief of Police shall investigate the same and prepare a full report for the Township Manager, forwarding a copy of said report to the towing company against whom the complaint was made.

(2)

The towing company shall have 10 days in which to respond to said complaint, in writing, and may request a hearing before the Township Manager prior to any action being taken.

(3)

After reviewing the Chief's report and any response submitted by the tow company, the Township Manager shall determine what action is appropriate under the circumstances. The Township Manager shall not revoke a tow company's eligibility to be on the list without first holding a hearing and affording both the complainant and the towing company an opportunity to be heard.

In addition to any requirements set forth elsewhere in this article, all approved towing companies shall provide, in writing, an employment nondiscrimination statement prior to the issuance of said approval and shall agree to comply with all state and federal laws and regulations concerning wages, hours and terms of employment.

Owners of towed vehicles shall be notified by the township of the location of their vehicle and the procedure for recovering said vehicle.

Vehicles suspected of being used in criminal activity shall be considered impounded by the police and shall be stored in a separate space for the exclusive use of the Police Department. Impounded vehicles shall not be released to or made accessible to anyone without the written permission of the Chief of Police or his designee.

[Amended 11-30-2015 by Ord. No. 25-2015]

All towing and storage fees shall be disclosed in an appropriate notice on the front or top page of all invoices and receipts. As an alternative, adequate public posting and copies of such fees must be made at the storage area, in easy view of the public. A copy of fees charged for all services shall be kept in each tow vehicle and be available for inspection, upon request, before any service is performed.

The Township of Moorestown shall not be liable for any of the services performed by the towing companies unless those services are provided to municipal vehicles. The towing company shall proceed directly against the owner and/or operator of the motor vehicle for any unpaid fees or other claims for such services.

Piling of towed vehicles upon each other or parking of vehicles on public streets or sidewalks is prohibited.

All approved towing companies shall maintain proper records of all vehicles towed, stored and released and for all services rendered, and said records shall be maintained at a central location for not less than five years. Records shall be available for inspection by the police at anytime.

§ 168-85 Towing and storage fees.

(Reserved)[1]

[1]

Editor's Note: Former Subsection A, regarding fees for private passenger vehicles damaged in an accident or recovered after being stolen, was repealed 5-2-2011 by Ord. No. 7-2011.

Fees for other types of vehicles and services, including winching service, shall be reasonable and placed on file with the Police Chief.

[Amended 11-30-2015 by Ord. No. 25-2015]

In the event that it is necessary to unload a vehicle's cargo prior to or after towing, an agreement shall be reached between the contractor 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. The Chief of Police or his designee shall determine when an emergency exists.

[Amended 11-30-2015 by Ord. No. 25-2015]

§ 168-86 Violations and penalties.

In addition to the penalties provided for in § 168-3 of this chapter, a towing service operator engaged in the removal of motor vehicles, or any employee, officer or agent thereof, who engages in a pattern or practice of violating the fee limits in this article may be liable to the township for a civil penalty of not less than $50 for each motor vehicle stored with the operator and shall be subject to immediate revocation of his towing company approval and shall forfeit the right to obtain such approval in the future and may be subject to such additional penalties as may be prescribed in regulations and statutes applicable to motor vehicle towing and storage activities.

§ 168-87 Standard application form.

[Amended 11-30-2015 by Ord. No. 25-2015]

The Chief of Police is hereby authorized to prepare a standard application form setting forth the areas of information required by this article.