[HISTORY: Adopted by the Township Committee of the Township
of Blairstown 10-10-2012 by Ord. No. 2012-05.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 177,
Towing, adopted 6-14-2000 by Ord. No. 2000-05, as amended.
The purpose of this chapter is to regulate the removal of motor
vehicles from private or public property by operators engaged in such
practice and the fees charged for said removal and/or storage following
removal in accordance with N.J.S.A. 40:48-2.49 et seq.
The following words and terms when used in this chapter shall
have the following meanings, unless the context clearly indicates
otherwise:
Any automobile which is parked without the current year's
registration, license plates and current inspection, as required by
law, for a period of more than 48 hours or is positioned so as to
constitute an obstruction to traffic.
The location where the licensed towing operator stations
its tow vehicle(s) when not in use.
The removal and transportation of an automobile at the request
of authorized Police Department personnel required because said automobile
has been abandoned, disabled, damaged in accidents, illegally parked,
recovered after being stolen or in cases of emergency, from a highway,
street, or other public or private road, or a parking area, or from
a storage facility, and other services normally incident 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 object within
the right-of-way or berm.
A car carrier shall have a commercially manufactured chassis
certified by the manufacturer. The vehicle shall be equipped with
a hydraulically powered winch. The tilt bed or slide back shall be
hydraulically operated. The vehicle shall also be equipped with tie-down
chains, proper safety lights and amber rotation emergency flashing
lights.
A light-duty wrecker shall have a commercially manufactured
chassis certified by the manufacturer for light-duty towing. Each
shall be equipped with a commercially manufactured lifting apparatus
with dual rear wheels, safety chains, proper safety lights, rear floodlights
and amber rotation emergency flashing lights.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes situations that are accidental to one person even if caused
by the intentional acts of another.
All towing services which are not basic towing services or
private passenger automobiles, as defined herein.
Refers to the Police Director or, in the absence of a Director,
the police officer in charge of the Township Police Department or
his/her designee.
The maximum allowable amount of storage charges to be charged
per twenty-four-hour period or a fraction thereof. Each new twenty-four-hour
period begins at 12:01 a.m.
A licensed individual or entity placed upon the rotating
list that performs towing services for the Township.
Only those vehicles equipped with a boom or booms, winches,
clings, tilt beds, wheel lifts, or under-reach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles.
Any motor vehicle, including but not limited to passenger
cars, pickup trucks, livery vehicles, camper-type vehicles, delivery
sedans or panel trucks, registered, or capable of registration, by
the State of New Jersey or other governmental entity that has jurisdiction,
for use on public roads or streets, having a gross weight of 6,000
pounds or less.
A.
This chapter hereby establishes a list of licensed towing operators
to provide basic and nonbasic towing services for the Township of
Blairstown on a rotating basis. The Police Department will maintain
the rotating list and determine the time period for each rotation.
The list of licensed towing operators shall be determined by and under
the direct supervision of the Director or designee.
B.
A licensed towing operator shall be placed on the rotating list in
the order in which its application was approved. No towing operator
may be listed more than once, and no licensed towing operator shall
be permitted to lease its tow vehicles to another licensed towing
operator in order to receive multiple listings. Licensed towing operators
will have vehicles, storage property, and operators fully insured.
C.
Towing services must be provided on a twenty-four-hour, seven-day-per-week
basis. It is required that a tow vehicle be on the site of the event
within 15 minutes of the time of the call from the Police Department.
If a licensed towing operator is called and for any reason does not
perform the requested towing service, the next licensed towing operator
on the list will be called to perform the towing service. Towing services
are to be located within a five-mile radius of Blairstown Township.
D.
If no licensed towing operator on the rotating list is able to perform
towing services when necessary, the Township is entitled, in emergent
circumstances, to have said service performed by a licensed towing
operator not on the rotating list.
E.
During adverse weather conditions or other emergency conditions,
all towing operators on the rotating list shall give priority to requests
for towing services made by the Township over requests made by third
parties.
F.
Every official tower shall maintain a secured storage area meeting
the following requirements:
(1)
The storage area shall be capable of storing a minimum of 10 vehicles
and one tractor and trailer. The area shall have at least 800 square
feet of storage facilities to hold and protect police hold vehicles.
(2)
The location of the storage area shall be either within the limits
of the Township or 15 minutes' driving time of the Township boundary.
(3)
The storage area, if outdoors, shall be fully enclosed by a sturdy
fence having a minimum height of six feet, and at least one lockable
gate for ingress and egress and shall be lighted from dusk to dawn.
(4)
The storage facility shall be available 24 hours a day, 365 days
per year and shall be open to the public on weekdays during normal
business hours and for four hours on Saturdays. The applicant shall
specify the hours on which the facility will be open on Saturdays.
The applicant is not required to be open on Sundays.
(5)
The licensed towing operator shall have an employee on duty, or available
to accept telephone calls, during all hours in which the storage facility
is open.
(6)
The licensed towing operator shall not charge a release fee or other
charge for releasing vehicles to their owners after normal business
hours or on weekends.
(7)
The official tower shall be responsible for ensuring the proper and
safe storage of all vehicles towed pursuant to this chapter. The official
tower shall be liable for any damage incurred by such vehicles while
in transit to or while stored in the storage areas.
A.
Only licensed towing operators shall be placed on the rotating list.
B.
Towing operator licenses will issue upon application to the Township
Committee on an approved application form, endorsed by the Police
Director and satisfactory evidence that the applicant has the expertise,
experience, equipment and facilities to perform the required services.
C.
The Police Department personnel, prior to endorsing an application
for a towing operator license, shall conduct a background check of
the applicant and any officers or employees thereof. Any persistent
violations and/or high incidence of motor vehicle accidents in the
past 10 years may warrant a driver ineligible. A conviction for a
felony will be considered ample reason to disqualify any contractor
unless waived by the Township upon application and for good cause.
D.
A licensed operator shall not permit a tow vehicle to be operated
by any agent, servant, employee or representative until such time
as the police personnel have conducted a background check as herein
provided.
E.
A license may be denied, suspended, or revoked upon any of the following
grounds:
(1)
Submitting a fraudulent or misleading application.
(2)
A criminal conviction of the towing operator or a named principal
of the towing operator.
(3)
Failure to respond reliably and promptly to calls for assistance
or any other unsatisfactory performance action which interferes with
the proper operation of the rotating system maintained by the Police
Department.
(4)
Failure to utilize safe and adequate equipment as defined herein.
(5)
Violations of motor vehicle laws and/or municipal ordinances.
(6)
Failure or refusal to tow or remove a motor vehicle when requested
to do so by an appropriate municipal official.
(7)
Violations of Chapter 19, Land Development, or any other applicable ordinances or codes of the Township of Blairstown pertaining to the use or condition of the premises used by the licensee in conducting the towing business.
(8)
Violations of the provisions of this chapter or any of its rules,
regulations and policies promulgated hereto.
F.
Licenses shall be renewed annually from January 1 to December 31
of the succeeding year.
G.
All applications shall be accompanied by a nonrefundable fee of $200.
Thereafter, the renewal fee shall be $50.
A.
When an application for a license is denied by the Township of Blairstown,
the applicant may request a hearing on said application by the service
of a notice requesting a hearing. Said notice shall be served on the
Municipal Clerk, and at the next regularly scheduled meeting of the
governing body, a hearing date shall be set which shall be no less
than seven days nor more than 45 days from the date scheduled.
B.
Proceedings for the suspension or revocation of a license shall be
initiated by the service of a notice of charges proffered against
the licensee. Said notice shall be served by the Police Director or
his/her designee, either personally or via certified mail, return
receipt requested, and shall contain a date, time and place for a
hearing to be held by the governing body of the Township of Blairstown.
Said hearing shall be scheduled no less than seven days nor more than
45 days after the notice of the proposed suspension or revocation
shall be served upon the licensee. The licensee shall have the right
to file an answer to the notice and to appear in person, or be represented
by counsel, and give testimony at the place and time fixed for the
hearing.
A.
The Police Department in general and the officer in charge in particular
shall enforce the provisions of this chapter as well as rules and
regulations adopted hereunder.
B.
A copy of this chapter and the fee schedules of individual towers
shall be made available to the public during normal business hours
at the Blairstown Township Municipal Building.
A.
The contractor must provide with his application a detailed list
of the equipment to be utilized while on the towing list. The listing
shall include the following information: type of vehicle, storage
location of vehicles and whether the vehicle is owned or leased. All
leased and rented equipment must be permanently located at the contractor's
base of service at all times during the term of the contract. Each
piece of the equipment must meet the minimum standards established
by this chapter. Equipment that cannot meet these minimum standards
shall not be used for the towing list. The contractor is solely responsible
for the safety, maintenance and operation of each piece of equipment
utilized. The licensed towing operator shall provide a minimum of
one light-duty wrecker and one car-carrier vehicle.
B.
The Police Department shall keep a register of the names of all licensed
towing operators, together with the license number, the description
of such tow vehicles and the date and complete record of inspections
made of them by the Police Department. This register shall be maintained
by the contractor.
C.
The licensed towing operator shall supply manufacturer's certification
of the lifting capacities of the devices of type of vehicles with
application submission. A certified testing laboratory test result
is also acceptable for rating lift capacity.
D.
Tow vehicles shall be equipped with two-way radios for communications
with the contractor's office facilities. These communications shall
be available 24 hours a day.
E.
Tow vehicles shall be equipped at all times with safety vests for
operators, first aid kits, hand tools, lockout kits, flashlight, broom,
shovel, work gloves and receipts for services rendered.
F.
Tow vehicles shall be kept clean and neat so as to be reasonably
accommodating to persons who may come in contact with such vehicles.
G.
All tow vehicles shall be properly permitted by the State of New
Jersey for the use of flashing amber emergency lights. Permits shall
be in compliance with Motor Vehicle and Traffic Laws as referenced
above.
H.
All tow vehicles shall be registered in the name of the contractor
in compliance with Motor Vehicle and Traffic Laws as referenced above,
and must be fully insured for both collision and liability.
A.
The contractor shall record all vehicles towed in a book kept for
such purposes with the details of each disabled vehicle towed, together
with full information of the towed vehicle and name and address of
the owner and the charges paid for his services. Full information
of the towed vehicle shall include, but not be limited to, the vehicle's
license number, VIN registration number, make, model, color and year.
The record book herein described shall be kept open for inspection
at all times by any duly authorized representative of the Township.
B.
The contractor shall maintain a record of all personal property in
a towed vehicle that he/she can observe in sight at the time the vehicle
comes into possession.
C.
Authorized representatives of the Township shall have access to any
of the records required to be kept by the licensed towing operator.
D.
There shall be a consecutive, sequential control number assigned
by the Police Department to be used in every instance by the Township
and the licensed towing operators. All forms, communications, etc.,
shall use this control number.
The Police Director or designee is hereby authorized and empowered
to establish from time to time written policies and procedures as
may be reasonable and necessary to obtain compliance with the terms
of this chapter and the laws of the State of New Jersey. All written
policy/policies promulgated by the Police Director or designee shall
be approved by resolution of the Township Committee.
[Amended 9-11-2019 by Ord. No. 2019-20; 6-24-2020 by Ord. No. 2020-05; 12-28-2022 by Ord. No. 2022-13]
A.
The fees set forth in the schedule below for towing and storage rates
are the maximum permitted charges that shall apply to the towing and/or
storage of passenger automobiles. Towing operators transporting multiple
passenger vehicles at one time shall receive the applicable fees for
each passenger vehicle transported.
(1)
The following towing and storage fees shall apply for passenger vehicles
and other vehicles as indicated.
|
Towing Fees:
| |
|
Hookup
|
$185
|
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Tow mileage
|
$10 per mile
|
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Vehicle extraction and recovery
|
$350 per hour PTP up to a GVWR of 16,000 lbs $600 per hour PTP
on vehicles exceeding 16,000 lbs.
|
|
Yard fee
|
$55
|
|
Storage fees per calendar day (inclusive of the first
and last day):
| |
|
Outside
|
$90 per day
|
|
Inside
|
$125 per day
|
|
Other charges:
| |
|
Labor on scene
|
$150 per hour (minimum 1 hour)
|
|
Administration fee
|
$55
|
|
Equipment cleanup
|
$50
|
|
Cleanup supplies
|
$50
|
|
Emergency response fee
|
$100
|
|
Site cleanup
|
$100
|
|
Fuel surcharge
|
$35
|
|
Road service:
| |
|
Flat with spare
|
$125
|
|
Lock out
|
$125
|
|
Fuel delivery (does not include gas or diesel)
|
$125
|
|
Jump start
|
$125
|
(2)
In the event that the towing operator has been summoned by the Township
for the purpose of towing an abandoned vehicle and has arrived on
the scene; and if the owner or the operator appears on the scene before
the vehicle is hooked to a tow truck, then the towing operator will
collect a road service fee of $50. It is the responsibility of the
towing operator to secure the billing information and collect the
road service fee.
(3)
Vehicles that are towed under this chapter and that subsequently
become the target of a police investigation (criminal, fatal accident,
etc.), and become the responsibility of the Township to pay the tow
charge shall be charged at the current rate for towing of Township-owned
vehicles.
(4)
Storage fees shall commence once the towed vehicle has been brought
to the storage facility and 24 hours have elapsed. Storage charges
continue for every calendar day following. The fees set forth for
storage are the maximum storage charges per twenty-four-hour period
and same shall apply to a vehicle that is stored as a result of accidents,
abandonments, repairs, or suspected criminal activity.
(5)
Road repair services. The towing operator shall be permitted to charge
an additional fee based on the towing operator's prevailing hourly
labor rates and charges for parts or materials for any road repair
services provided in addition to those defined herein. It shall be
the responsibility of the tow operator to first inform the owner/operator
of the vehicle of the hourly labor rates and the estimated total cost
for parts and/or materials, and receive written consent from the owner/operator,
prior to the performance of such additional road repair services.
(6)
Wherever applicable, it shall be the responsibility of the towing
operator to first inform the owner or operator of the estimated total
cost prior to the performance of any towing service.
(7)
Release of impounded vehicles. No impounded vehicle is to be released
without proper authorization from the Blairstown Township Police Department.
Vehicle release must be available during normal business hours.
B.
The above towing charges shall not apply when the operator of the
vehicle elects either a specific tower or to be towed to a destination
other than the licensed storage facility. In such cases, the towing
charges shall be mutually agreed upon between the operator of the
vehicle and the licensed towing operator. In the event an operator
requests his/her own tow, it will be determined by the duty officer
if another towing service will create a danger to life or property,
at which time the duty tow will remove the vehicle.
C.
This towing and storage fee schedule shall be subject to change on
an annual basis commencing January 1 of each year, or upon review
and determination of necessity. The towing and storage fee schedule
shall be maintained by each licensed tow truck operator for the Township,
the Township Director of Police and the Municipal Clerk.
This chapter is not intended to regulate or set fees for nonbasic
towing services or the towing or storage of trucks and buses in excess
of 4,000 pounds gross weight. Such service, if requested, shall be
billed at reasonable prevailing rates. The licensed towing operator
shall be billed at reasonable prevailing rates. The licensed towing
operator shall submit a list of fees in advance for nonbasic towing
to the Police Director, who shall have the sole discretion in determining
reasonable prevailing rates, if the charge is not addressed in this
chapter.
A.
Towing operators shall be required to purchase, maintain and provide
during the time of service on the rotating list proof of insurance
furnished by a reputable insurance company licensed to do business
in the State of New Jersey, containing the following coverage with
liability limits as set forth below:
(1)
Garage liability/comprehensive general liability insurance policy
in an amount not less than $1,000,000 combined single limit covering
bodily injury and property damage liability, including but not limited
to personal injury; products liability (where applicable), independent
contractor and complete operation coverage.
(2)
Garage keeper's legal liability insurance policy in an amount not
less than $100,000. Said policy must include both comprehensive and
collision, and an endorsement to include "on hook."
(3)
Automobile liability insurance policy in an amount not less than
$1,000,000 combined single limit covering bodily injury and property
damage liability, including, but not limited to, owned, nonowned and
hired vehicles.
(4)
Workers' compensation insurance as required by law, including, but
not limited to, statutory New Jersey workers' compensation benefits,
and employers' liability of at least $100,000.
(5)
Excess/umbrella liability. In the event that garage liability and/or
automobile liability cannot be purchased up to the required limit
of $1,000,000, an excess liability or umbrella liability policy must
be purchased to effect a total liability limit of $1,000,000. Excess
or umbrella liability policies will not be required for garage and
automobile policies that meet or exceed the minimum limit of $1,000,000.
B.
The garage liability and automobile liability policies shall name
the Township of Blairstown as additional insured and certificate holder
and provide that said policy cannot be canceled for nonpayment or
other reason absent fourteen-day written notice to the Township.
The contractor will execute an agreement to hold harmless, indemnify
and defend, at the contractor's expense, the Township, its employees
and officials from any and all claims, demands, suit or action for
personal injury or property damage brought against the Township, its
employees and officials for any activities which arise out of any
services performed under this chapter.
