This chapter shall be known and may be cited as the "1989 Towing Ordinance
of the City of Somers Point."
As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONED
Automobiles, trucks or any motor vehicle that is left unattended
for a period of time which, under the circumstances, indicates that the owner
has no intention of reclaiming or moving the automobile, truck or motor vehicle.
This term also applies to automobiles, trucks or motor vehicles that are in
violation of any other ordinance of the City of Somers Point or any statutes
of the State of New Jersey.
CITY
The City of Somers Point.
COMPOUND
An enclosed area suitable for the parking and storage of automobiles,
trucks or other motor vehicles.
DOLLY-WHEEL
A portable device with wheels that is used in combination with a
tow truck to transport automobiles, trucks or motor vehicles.
ILLEGALLY PARKED
Any automobile, motor vehicle, truck or bus that is parked in a fashion
or in a place that is in violation of any parking ordinances of the City of
Somers Point, County of Atlantic or State of New Jersey.
LICENSED TOWING OPERATOR
A towing operator that has complied with all provisions of this chapter
and whose name appears on the list of licensed towing operators maintained
by the Clerk of the City of Somers Point.
MOTOR VEHICLE
All vehicles propelled otherwise than by muscular power, except such
vehicles as those that run exclusively on tracks. This term shall also include
motorcycles and mopeds.
OMNIBUS
All motor vehicles used for the transportation of passengers for
hire, including those used for the transportation of school children.
OPERATOR
Any person who is in actual physical control of an automobile, truck
or motor vehicle.
PRIVATE PROPERTY
Real property owned by any person, partnership, firm or corporation
and not owned by the City of Somers Point or any other governmental body.
RESPONSE FEE
The monetary charge for the presence of a tow truck and operator
where no towing service or road service is conducted or supplied.
ROAD SERVICE
Providing routine minor maintenance items, refueling or supplying
equipment to automobiles, trucks or motor vehicles that are disabled or otherwise
inoperable, including calls to assist persons locked out of their motor vehicles.
TOWING OPERATOR
A person, firm, corporation or other business entity engaged in the
business of transporting disabled, wrecked or otherwise immobile motor vehicles,
automobiles or trucks by means of tow trucks or other means.
TOWING SERVICE and/or TOWING
The providing of transportation of automobiles, trucks or motor vehicles
that as a result of accident, collision, breakdown, abandonment or otherwise
are unable to be moved under their own power. A "towing service" also includes
the transportation of illegally parked, police-impounded or abandoned automobiles,
trucks or motor vehicles.
TOWING SLIP
A written document, on a form to be prescribed by the Clerk of Somers
Point, which shall contain a description of the motor vehicle towed as well
as the location from which it was towed. It shall also provide the location
where said vehicle is stored and the name of the tow truck operator who towed
the vehicle.
TOW TRUCK
A motor vehicle specifically designed, constructed, used or maintained
for the safe transportation of automobiles, trucks or motor vehicles.
TRUCK
Every motor vehicle designed, used or maintained primarily for the
transportation of property. This includes delivery vans and pickup trucks.
VEHICLE
Every device in, upon or by which a person or property is or may
be transported upon a highway, except devices powered by human power or operated
on stationary tracks.
WINCHING SERVICE
Providing the use of the mechanical cable devices attached to a tow
truck to move or transport any vehicle where the actual towing of the vehicle
does not take place.
Towing operators licensed pursuant to this chapter agree to provide
the following towing services to the City of Somers Point in the following
manner:
A. The towing of illegally parked or police-impounded passenger
automobiles, trucks or motor vehicles.
B. The towing of abandoned passenger automobiles, trucks
and motor vehicles.
C. The towing of passenger automobiles, trucks and motor
vehicles from accident scenes, including cleaning and removal of debris from
the scene of the accident as well as any necessary waiting time.
D. The towing of all city police vehicles within the limits
of Atlantic County, as well as the city limits of the City of Somers Point.
E. The towing of all police vehicles owned by the City of
Somers Point outside the Atlantic County limits.
F. Providing winching services and dolly-wheel services
at scenes of accidents and/or other places where passenger automobiles, trucks
or motor vehicles become disabled on the roadway or off.
G. Providing a flatbed truck for vehicles that cannot be
towed in an ordinary fashion.
H. The towing and impounding for police investigation purposes
of any passenger automobile, truck or motor vehicle at the direction of the
Chief of Police.
I. Storage of any abandoned, wrecked or disabled passenger
automobiles, trucks or motor vehicles that might be towed by the towing operator
pursuant to this chapter.
J. Providing road service to disabled vehicles within the
city limits of the City of Somers Point.
From time to time, the Council of the City of Somers Point shall, by
resolution, enact standardized fees and rates for the following work to be
performed by the licensed towing operator:
A. Towing of illegally parked or police-impounded passenger
automobiles, trucks and motor vehicles [to include storage for the first 24
hours].
B. Towing of abandoned passenger automobiles, trucks and
motor vehicles [to include storage for the first 24 hours].
C. Towing of passenger automobiles, not to exceed 9,000
pounds, from accident scenes [to include cleaning and removal of area debris,
waiting time and storage for the first 24 hours].
D. Towing of trucks and motor vehicles, exceeding 9,000
pounds from accident scenes [to include cleaning and removal of area debris,
waiting time and storage for the first 24 hours].
E. Charge for each additional twenty-four-hour storage.
F. No charge for towing of all City Police vehicles within
the City of Somers Point and the County of Atlantic.
G. Towing of all city-owned police vehicles outside the
limits of Atlantic County.
H. Providing winching service.
I. Additional charges for providing dolly wheels.
J. Additional charges for providing flatbedding of vehicles
that cannot otherwise be towed in a normal fashion.
K. No charge for towing of any passenger automobiles, trucks
or motor vehicles or impounding of any such passenger automobiles, trucks
or motor vehicles for investigation purposes at the direction of the Chief
of Police (to include storage).
M. Road service to disabled vehicles during normal business
hours and for after hours.
N. For the towing or transport of mopeds.
O. For the towing or transport of motorcycles.
P. For road service of Somers Point police vehicles.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be subject to a fine not exceeding $1,000 or a term of imprisonment
not exceeding 90 days or a period of community service not exceeding 90 days,
or any combination of the foregoing.