City of Salem, NJ Chapter 210 Towing

[HISTORY: Adopted by the Council of the City of Salem 8-7-1995 by Ord. No. 9513. Amendments noted where applicable.]

§ 210-1 Approved list of towers.

[Amended 12-1-2003 by Ord. No. 03-28; 12-17-2012 by Ord. No. 12-16]

The Police Chief of the City of Salem is hereby authorized and directed to compile an approved list of all towing and storage operators for the City and to amend, supplement and maintain the list. Each approved operator on the list shall be bound by the terms and provisions of this chapter. The Chief of Police shall present the list to the City Council for review and approval by the second meeting in December every other year commencing in December of 2012.

§ 210-2 Qualifications for inclusion on approved list; waiver; biannual license and fee.

A. Operators on the approved list shall be required to maintain the following minimum qualifications to be on the approved list:

(1) All operators must own at least one conventional tow truck in addition to other equipment which is necessary to provide safe and efficient towing. Each tow vehicle must have the name of the towing operator and his phone number on the side of the vehicle.

(2) All operators' trucks must be equipped with radio communication, cell phones or beepers, enabling them to maintain contact with their places of business.

[Amended 12-17-2012 by Ord. No. 12-16]

(3) All operators' trucks shall be equipped with brooms and shovels for the purpose of clearing debris off of the roadways.

(4) All operators shall have telephone equipment at their place of business.

(5) Each operator shall either own or have an appropriate arrangement with a storage facility. No operator shall store vehicles unless the storage area shall be lighted, fenced and secured. Each storage facility must be in an area legally zoned for such use and must be in material compliance with all applicable laws, ordinances, rules, regulations, orders and directives.

[Amended 12-1-2003 by Ord. No. 03-28]

(6) Each operator shall be responsible for any damage or loss occurring upon the tow of the vehicle and during the storage thereof until the same is released, and the City shall in no way be liable and responsible therefor. All operators shall carry commercial automobile liability insurance (including bodily injury and property damage liability) with combined single limits of not less than $500,000 and garage keepers' liability (specifically endorsed to cover vehicles in tow) in an amount of not less that $30,000 per accident. All storage facility operators shall have garage liability insurance with combined single limits of not less than $500,000. The City shall be presented with a certificate or certificates evidencing such coverage, which certificate shall contain a provision requiring advance notice to the City prior to any cancellation or revision.

[Amended 12-1-2003 by Ord. No. 03-28]

B. The Council may grant a waiver to any of the prerequisites required under Subsection A, provided that the operator makes an application to the Council and the Council determines that the operator will provide an acceptable alternative to the requirement for which the waiver is sought.

C. Each operator approved for inclusion on the list shall be issued a license. The length of the license shall be for two years. The initial licenses shall be issued by the Chief of Police to be effective January 1, 2013. As a condition of the issuance of the license the operator shall pay an administration fee of $300. The fee shall be due by November 30, 2012, for the first biannual license and by October 30 every two years thereafter. The license shall be nontransferable and fee shall be nonrefundable and shall not be prorated.

[Added 12-17-2012 by Ord. No. 12-16]

§ 210-3 Amendments to list.

After the initial list is prepared, the Police Chief may add names to the approved list when additional operators meet the appropriate qualifications. The Police Chief may also delete names from the list when an operator fails to perform properly or fails to continue to meet the basic requirements, but no deletion shall occur without notice to the operator and the opportunity for a hearing before the Police Chief. The decision of the Police Chief may be appealed to the Council.

§ 210-4 Fees for towing and/or storage.

[Amended 12-1-2003 by Ord. No. 03-28]

A. The schedule of maximum permissible towing charges, pursuant to N.J.S.A. 40:48-2.49, shall be as follows:

(1) For tows during the weekday, $150 for the first mile or less and $3 for each mile thereafter.

[Amended 11-8-2017 by Ord. No. 16-23]

(2) For tows during the night (after 5:00 p.m.) or on weekends or on New Jersey state holidays, $150 for the first mile and $4 for each mile thereafter.

[Amended 11-8-2017 by Ord. No. 16-23]

(3) In addition to the above charges, the towing/storage operator may collect and shall pay over to the City, an administrative fee of $20 per motor vehicle in all police-requested tows. This fee shall be due and payable on the release of the vehicle to its owner within 30 days, payable to the City. In the event that the vehicle is sold to recoup towing or storage fees, the administrative fee will be due and payable within 30 days of such sale.

[Added 12-17-2012 by Ord. No. 12-16]

B. The schedule of maximum permissible storage charges, pursuant to N.J.S.4. 40:48-2.49(1)(a), shall be as follows:

(1) For outside secured storage, $30 per day.

(2) For inside secured storage, $40 per day.

C. The fees set forth on the above schedule for towing rates are the maximum charges that shall apply to basic towing services rendered as a result of an accident, theft recovery, police impoundment, abandoned vehicle removal, disabled vehicle, illegally parked vehicle and/or all other instances when the towing and/or storage service is requested by the Police Department. There shall be no additional charges, including but not limited to flatbedding, waiting time, winching, cleanup costs and additional labor.

D. The fees set forth on the above schedules shall not apply when the vehicle owner/operator requests the services of a specific tower/storage facility. In such cases, when the services are being requested privately by individuals and not by the Police Department, the fees shall be as agreed upon between the individual and the tower/storage facility.

E. The City of Salem, including the Police Department, and all officials and agents thereof, shall not be liable or responsible for the payment of any towing, storage or other charge, fee, expense or claim of any nature whatsoever, whether or not the same was incurred or arose from events prior to the adoption hereof, to approved operators performing services hereunder, and such operators shall proceed directly against the owner of the vehicle. The only exceptions to the foregoing shall be as follows:

(1) When the City is the owner of the vehicle, such as a disabled police car, and the City requests the tow, the City shall be responsible for the towing charge as set forth in the schedule above and/or any applicable storage charge at the rate of $3 per day for the first 30 days of storage per vehicle and $2 per day for the 31st day of storage and thereafter, subject to a limit of $400 per vehicle stored, regardless of the duration of the storage.

(2) In the event that the Police Department requires a vehicle involved in an alleged crime or a fatal accident to be held for investigation, the Chief of Police may, after review of all of the circumstances, waive towing or storage fees, or both, pursuant to a written directive from the Chief upon request of the vehicle owner, in which case the City shall compensate the operator in the amounts applicable to a City-owned vehicle as set forth in the foregoing subsection.

(3) In no event will the City be responsible for storage charges in excess of the legal fee limits set forth in N.J.S.A. 40:48-2.50, as the same may be amended by the legislature, if the same be less than as provided for herein.

F. The relationship between approved operators and the City is one of independent contractor. Approved operators shall not be construed in any manner to be employees or agents of the City. Each approved operator on the list agrees to indemnify and save harmless the City and its officials, employees and agents from and against any suits, actions, damages, claims, fees, costs, expenses, including attorneys' fees, fines or penalties to which the City may be subjected of any kind or nature whatsoever resulting from, caused by, arising out of or as a consequence of the provision of service provided at the request of the City pursuant to this chapter.

G. A copy of this chapter and the schedule of fees contained herein shall be made available to the public during normal business hours at the City Municipal Building, the Police Department and at each approved operator's place of business. Each approved operator shall post, in a prominent place clearly visible to the public, a schedule of the fees that may be charged for all services provided pursuant to this chapter.

§ 210-5 Sale of unclaimed vehicles.

[Amended 12-1-2003 by Ord. No. 03-28]

A. Abandoned and unclaimed motor vehicles shall be disposed of and sold as the case may be in accordance with the provisions of N.J.S.A. 39:10A-1 et seq.

B. When an operator tows an abandoned vehicle at the request of the City of Salem, the required reports pursuant to N.J.S.A. 39:10A-1(a) shall be prepared by such operator and immediately furnished to the Chief of Police, or his designee, who shall thereupon immediately report the same to:

(1) The Director of the Division of Motor Vehicles; and

(2) The National Automobile Theft Bureau.

C. When such motor vehicle which has been ascertained not to be stolen and to be one which can be certified for a junk title certificate pursuant to N.J.S.A. 39:10A-3 shall have remained unclaimed by the owner or other person having a legal right thereto for a period of 15 business days, even if at that time the owner has not been identified as a result of efforts to make identification by the Police Department or the Division of Motor Vehicles, the operator having possession of said vehicle shall, within three business days thereof (i.e., the 18th day), notify the Chief of Police in writing that the vehicle remains unclaimed and may request that the vehicle be sold pursuant to N.J.S.A. 39:10A-1(b).

D. When a motor vehicle which cannot be certified for a junk title certificate pursuant to N.J.S.A. 39:10A-3 remains unclaimed by the owner or other person having a legal right thereto for a period of 20 business days, the operator having possession of said vehicle shall, within three business days thereof (i.e., the 23rd day), notify the Chief of Police in writing that the vehicle remains unclaimed and may request that the vehicle be sold in accordance with N.J.S.A. 39:10A-1(c).

E. When a motor vehicle in possession of an operator is reclaimed by the owner or person entitled thereto or upon such other disposition with respect to the vehicle, the operator shall, within three business days of any such disposition, notify the Chief of Police in writing thereof.

§ 210-6 Rules for approved operators.

A. Approved operators shall respond to a vehicle within 20 minutes after being notified by the Police Department of a necessary service call.

B. Approved operators shall immediately dispatch tow trucks when requested to respond to an emergency situation.

C. Approved operators shall not permit a vehicle to be removed without proper authorization. Each vehicle, while in the possession of an approved operator for storage, shall be at all reasonable times subject to inspection by the Police Department and/or other individuals authorized by the Chief of Police or his designee.

[Amended 12-1-2003 by Ord. No. 03-28]

D. Approved operators' drivers shall request police assistance during the course of servicing when they find it necessary to turn around, back up, tow in the opposite direction, cross the median, etc.

E. Approved operators shall be subject to additional rules and regulations as may be promulgated by the Chief of Police.

[Amended 12-1-2003 by Ord. No. 03-28]

§ 210-7 Rotation of calls.

The approved list shall be utilized by the Police Department to provide towing services when necessary. The Police Department shall call for towing services when necessary. The Police Department shall call the operators in a sequential rotation so that every towing operator is given an equal opportunity to provide services. Nothing in this chapter shall be construed to preclude the owner of any vehicle from requesting that any tower, at his election, not tow the owner's vehicle or from utilizing the services of a particular tower.

§ 210-8 Report to Council.

The Police Department shall, on an annual basis, provide the Council with a report as to the quality of the services provided by those operators on the approved list.

§ 210-9 Violations and penalties.

[Amended 7-20-2020 by Ord. No. 20-06]

Any person violating this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,000; or imprisonment in the county jail for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by a court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.