As used in this chapter, the following terms
shall have the meanings indicated:
AUTOMOBILE
A private passenger motor vehicle or any vehicle included
in the of "automobile" under N.J.A.C. 11:3-38.2.
BASIC TOWING SERVICE
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility and other services normally incidental thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
MOTOR VEHICLE
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks or motorized
bicycles.
TOW OPERATOR
A person engaged in the business of towing and storing motor
vehicles or offering the services of a tow vehicle or tow truck and
storage services.
TOW VEHICLE OR TOW TRUCK
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles, employed for the purpose of towing, transporting,
conveying and/or removing motor vehicles which are unable to be operated
under their own power from one place to another for which a charge
or fee is extracted.
No person shall engage in the business of towing
or storing motor vehicles at the direction of the Township of Mount
Holly Police Department without first obtaining a tow operator's license
therefor. Nothing herein shall require licensing for the rendering
of road service or for the provision of towing and storage services
within the Township other than at the request of the Township Police
Department.
Any person aggrieved by the action of the Police
Department or the Township Clerk in the denial of an application for
a license or in revocation thereof or in the suspension from the Township's
on-call towing list may appeal to the Township Manager by filing with
the Municipal Clerk, within 14 days after notice of the action complained
of has been mailed to such person's last known address, a written
request for a hearing, setting forth fully the grounds for the appeal.
The Manager will set a time and place for a hearing on such appeal,
and notice shall be served on or mailed to the applicant or licensee
at least five days prior to the hearing.
[Amended 1-9-2006 by Ord. No. 2005-33; 3-14-2016 by Ord. No. 2016-11; 4-27-2020 by Ord. No. 2020-9]
A. Generally.
(1) Towing and storage charges and fees shall be in accordance with N.J.S.A.
40:48-2.50 as well as 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 shall be presented to the owner of a vehicle to be
towed at the time of service. The tower shall prepare an itemized
bill in detail as to the actual services rendered and present the
bill to the claimant of a vehicle. Each bill shall contain a statement
that the claimant may file a complaint with the Township with respect
to charges. 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 impounded as a result of police
investigations involving stolen vehicles or fatal accidents will not
result in storage charges; however, the Township reserves the right
to store such vehicles at a location of its choosing.
(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 for
which the Township must pay to 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
repair shop or the person's home or other location. The charge
for towing includes any incidental and related costs such as disconnecting
and reconnecting a transmission. There shall be no additional charges
for any other services, including but not limited to waiting time,
debris removal, winching and additional labor when basic towing services
as provided for by this chapter are performed. The tower shall be
responsible for the cleanup and disposal of motor vehicle fluids,
in accordance with state law and accepted standards, and there shall
be no additional labor charges for this service. The tower may charge
the owner/operator for material used in the cleanup of motor vehicle
fluids. The tower may charge a fee for lockout service as well as
roadside assistance such as jump-starts, tire changes, and providing
gasoline for vehicles that have run out of fuel.
B. Fee schedule enumerated; restrictions. A tow operator may charge
fees for the following services:
(1) Basic tow, which shall be charged per the following schedule:
(a)
Light-duty vehicle: flat rate not to exceed $150.
(b)
Medium-duty vehicle: hourly rate not to exceed $250 per hour.
(c)
Heavy-duty vehicle: hourly rate not to exceed $500 per hour.
(2) Decoupling (if tow is not performed), which shall be a flat fee not
to exceed $75 as to all types of motor vehicles.
(3) Winching, which shall be based upon each hour spent performing winching
(charges for winching services in the case of a light/medium-duty
vehicle shall not exceed $350 per hour; charges for winching services
in the case of a heavy-duty vehicle shall not exceed $600 per hour).
(4) Specialized recovery equipment:
(a)
Rotator/crane recovery unit: rate not to exceed $1,200 per hour.
(b)
Tractor with landoll trailer or detach trailer: rate not to
exceed $450 per hour.
(c)
Tractor/transport hauler only: rate not to exceed $250 per hour.
(d)
Refrigerated trailer with tractor: rate not to exceed $450 per
hour.
(e)
Box trailer with tractor: rate not to exceed $400 per hour.
(f)
Air cushion unit: rate not to exceed $1,000 per hour.
(g)
Light tower: rate not to exceed $250 per hour.
(h)
Pallet jack: flat rate not to exceed $200.
(i)
Rollers: flat rate not to exceed $200.
(j)
Loader/backhoe/telescopic handler/bulldozer/bobcat: rate not
to exceed $300 per hour each.
(k)
Forklift: rate not to exceed $300 per hour.
(l)
Dump truck/dump trailer with tractor: rate not to exceed $350
per hour.
(m)
Roll-off with container: rate not to exceed $350 per hour plus
disposal.
(n)
Recovery supervisor vehicle: rate not to exceed $150 per hour.
(o)
Traffic management equipment: rate not to exceed $250 per hour.
(p)
Recovery support vehicle/trailer: rate not to exceed $350 per
hour.
(q)
Any other specialized equipment: rate not to exceed $250 per
hour.
(5) Labor (Minimum charge of one hour; after the first hour all hourly
billable rates will be charged in half-hour increments).
(a)
Accident clean-up and disposal of debris; rate not to exceed
$75 per hour, plus the cost of absorbent material used.
(b)
Recovery supervisor: rate not to exceed $200 per hour.
(c)
Certified towing operator: rate not to exceed $125 per hour
per operator.
(d)
Manual laborers: rate not to exceed $100 per hour per laborer.
(6) Storage at a tow operator's storage facility (per calendar day
or any part thereof):
(a)
Light-duty vehicles (including motorcycles, motor scooters and
mopeds): rate not to exceed $45 per day.
(b)
Medium-duty vehicles: rate not to exceed $90 per day.
(c)
Heavy-duty vehicles: rate not to exceed $125 per day.
(7) Additional services:
(a)
More than three trips to the motor vehicle in storage, which
may be invoiced as an administrative fee, which shall be a flat fee
not to exceed $50 for light-duty vehicles, and shall not exceed $200
for medium or heavy-duty vehicles.
(b)
Releasing a motor vehicle from a towing company's storage
facility after normal business hours or on weekends, which shall be
a flat fee not to exceed $75.
(c)
Tarping, which shall be a flat fee not to exceed $75 for a light-duty
vehicle, and a flat fee not to exceed $200 for a medium or heavy-duty
vehicle.
(8) No person shall be liable to any tow operator who tows or stores
an automobile, including but not limited to any automobile which was
damaged in an accident or recovered after being reported stolen, for
any fees in excess of the following:
(a)
Basic towing service fees.
[1]
Days, nights, weekends and holidays (fee includes towing mileage,
24 hours of storage, on-site cleanup after an accident, and administrative
fees): $150.
(b)
Storage fees.
[1]
Inside or outside (begins after vehicle has been held for 24
hours): $45 per day.
(9) It shall be the responsibility of the tow operators to comply with
all applicable Department of Insurance rules and fee regulations.
(10)
Towers are required to submit monthly, to the Police Department,
a copy of impound reports and invoices for each vehicle towed that
month.
C. No person shall be liable to any tow operator for any other towing
or storage services for any fees in excess of the licensee's
approved fee schedule. Current fee schedules shall be submitted for
approval on an annual basis at the time of application for license
renewal.
D. Tow vehicles transporting multiple vehicles at one time may charge
the applicable fee for each vehicle transported.
E. Any rates charged to a municipality must be limited in accordance
with N.J.S.A. 40:48-2.50.
F. If a vehicle is towed by the Township of Mount Holly or stored at the Mount Holly Township Police Impound facility, the Township shall collect the fee(s) pursuant to §
255-11.
The Police Department shall promulgate such
rules, regulations and procedures, not inconsistent with this chapter,
as may be reasonable and necessary to carry out the provisions of
this chapter. Copies thereof shall be provided to all licensed tow
operators and shall be made available to the public, along with copies
of current fee schedules, during normal business hours. Failure to
comply with applicable rules, regulations and procedures may be cause
for revocation of a tow operator's license.
The Police Department is hereby designated to
enforce the provisions of this chapter and any applicable rules and
regulations.