A.
Eligibility.
(1)
All towing operators, in order to provide services
in no-preference motor vehicle accidents or for the removal of motor
vehicles from private or public property, as may be authorized by
the Police Department or the Department of Health, must be licensed
by the City of Vineland in accordance with this chapter.
(2)
Towing operators must meet the twenty-minute-response
time to be eligible for inclusion on the City of Vineland Police Department
Tow List.
B.
The list of licensed towing operators shall be maintained
by the Police Department and shall be utilized on a rotation basis.
The rotation shall be on a weekly basis unless otherwise specified
by the Police Department or in the event of emergency conditions.
The towing and storage services shall be rotated among towing operators
on an equal basis, by the job or by the week.
C.
Licensed tow operators shall be subject to the minimum
standards of the performance rules and regulations of the Vineland
Police Department, including safety, availability, and compliance
with the procedures established by this chapter.
D.
If the Chief of Police determines at any time that a towing operator is unable or unwilling to fulfill the requirements of this chapter or the statutes and regulations of the State of New Jersey, the Chief of Police shall file a written report with the City Clerk. The City Clerk shall then notify the towing operator by regular and certified mail at the address stated pursuant to § 665-3A(1), that the Chief of Police has recommended its removal from the Police Department Towing List. The tow operator may file a written exception and request for a hearing with the City Clerk within 15 days from receipt of notification. The City Clerk shall then schedule a hearing before City Council within 30 days of the aforesaid request. After conducting a hearing, the City Council may then, by resolution, remove the towing operator from the Police Department Towing List if Council determines, by a preponderance of evidence, that the performance of the towing operator is unreliable or inadequate.
E.
The tow operator shall cease towing of vehicles on
behalf of the City of Vineland Police Department upon notification
by the City Clerk that the tow operator is to be removed from the
list.
[Amended 11-28-2006 by Ord. No. 2006-99]
F.
All licensed
tow operators shall maintain a policy of automobile insurance as required
by law and liability insurance in an amount of not less than $1,000,000
naming the City of Vineland as an additional insured. All licensed
tow operators shall maintain adequate workers compensation insurance
for all employees. Proof of insurance shall be provided on an annual
basis to the Chief of Police.
[Added 11-7-2022 by Ord. No. 2022-82]
A.
Licensed towing operators agree to provide the following
services on an around-the-clock basis:
(1)
Removal and transporting of motor vehicles involved
in a motor vehicle accident where the owner or operator of the motor
vehicle has not made a preference for the towing of the vehicle.
(2)
Removal and transporting of a motor vehicle from private
or public property as may be authorized by the Police or Health Department
of the City of Vineland.
(3)
Removal and disposal from City or private property
motor vehicles which, pursuant to state law and regulations, would
be subject to the jurisdiction of the Vineland Police Department.
Such vehicles shall be moved to such location as specified by the
Vineland Police Department.
(4)
The storage of a motor vehicle removed and transported
from the scene of a motor vehicle accident.
B.
Cleanup.
(1)
A towing operator responding to a tow shall be responsible for all site cleanup related to a motor vehicle accident, including the pickup and removal of all debris from the scene of the accident and containment of any hazardous fluids from the vehicle prior to tow, in accordance with the laws of the State of New Jersey, and all services as defined by state regulations and Article I herein.
(2)
It is understood that the responsibility of the tow
operator as established above in no way relieves the vehicle owner
of his responsibility for the cleanup and removal of any debris or
spilled fluids coming from his vehicle.
(3)
The
tow operator called for no-preference tow is only responsible for
the cleanup of the vehicle for which it was called by the police.
Private tow companies shall be responsible for cleanup caused by the
vehicle being towed by said company.
[Added 11-7-2022 by Ord. No. 2022-82]
(4)
The
tow operator shall maintain not less than three forty-pound bags of
material, such as Sta-Dry, to absorb hazardous liquids.
[Added 11-7-2022 by Ord. No. 2022-82]
C.
A towing operator shall provide either one boom tow
truck with a wheel lift or winch rollback or one boom tow truck with
a wheel lift, capable of transporting the vehicle to be removed without
additional damage. The transported vehicle shall not exceed the carry
weight or capacity of the carrying vehicle.
E.
If a licensed towing operator is unable to handle
a particular situation for whatever reason, the City shall have the
right to use whatever means necessary to accomplish the removal, transporting
and storage of motor vehicles.
F.
No towing operator shall subcontract any work to be
performed pursuant to this chapter without having first obtained prior
written approval from City Council. Any towing operator to whom approval
to subcontract work has been given shall be responsible for the services
performed by and the acts and omissions of the subcontractor and shall
remain liable for any violation of this chapter by the subcontractor.
A.
The towing operator shall provide a towing facility
of sufficient size to accommodate not less than 25 passenger vehicles
and one tractor and trailer, and not less than 800 square feet of
inside storage facilities to hold and protect "police hold" vehicles.
At no time shall any automobiles towed by a towing operator be stored
at any other location, except where a vehicle is towed at the request
of the owner to a specific location. Vehicles shall have a maximum
of sixty-day storage life with the exception of vehicles awaiting
repair or in the process of being repaired at authorized body shops,
in which case vehicles shall have a maximum of six months' storage
life, or vehicles taken to authorized junkyards.
B.
The towing facility shall be staffed by the licensed
towing operator during normal business hours and include twenty-four-hour
telephone service seven days per week during the week in which the
licensed facility is on call.
C.
The towing operator shall provide tow vehicles capable of handling the transporting of motor vehicles as defined in Article I of this chapter and equipped to provide regular towing service. Gross vehicular weight of 14,000 pounds to 15,000 pounds is "regular towing service." Gross vehicular weight of 15,000 pounds and above is "heavy towing service." Carry weight shall not be less than 4,000 pounds or less than that needed to carry the transported vehicle safely.
D.
Each tow vehicle or flatbed vehicle shall be equipped
with towing and safety equipment, warning devices such as lights,
flares and flags to warn other automobile operators of the presence
of a disabled automobile, and mechanics tools to perform complete
emergency work, including but not limited to the following:
(1)
At least one amber rotating beacon or strobe light
mounted on the highest practical location of the vehicle, which when
in use shall be visible from 360° at a distance of not less than
500 feet during daylight hours.
(2)
One snatch block per winch.
(3)
Safety tow lights or magnetic tow lights for towing
vehicles at night. Safety tow lights, red in color, shall be mounted
in the rear of the vehicle being towed.
(4)
Ample chains and cable for pulling or securing a towed
vehicle. The working limit of cable shall be noted.
(5)
At least one heavy-duty broom, shovel, crowbar or
pry bar, jumper cables, flashlight, fire extinguisher of dry chemical
type having capacity of not less than two pounds, one dozen flares
or similar warning devices for placement at the scene of an accident
or behind a disabled vehicle, not less than 10 pounds of dry sand
or a drying compound for gasoline and oil spilled onto the roadway,
and tools sufficient to enable the tow vehicle operator to perform
proper and adequate emergency repair services for the tow.
(6)
Backup alarms.
E.
All wrecked vehicles must be in compliance with all
safety equipment requirements as listed in N.J.S.A. 39:3-1 et seq.
and 49 CFR 393.
F.
No changes may be made to tow vehicles or equipment
without prior written approval of the City of Vineland.
G.
Each tow vehicle shall display a sticker issued by
the Department of Licenses and Inspections on the upper left side
of the driver's door panel and shall have the name and number of the
licensed tow operator displayed on the vehicle in such manner and
of such lettering as to conform to the provisions of N.J.S.A. 39:4-46.
H.
Towing operators and their employees shall provide
all services required by this chapter at all times and shall be subject
to the following requirements:
(1)
Possess sufficient knowledge, skill and ability to
provide minimum road services for disabled vehicles and to adequately
remove a vehicle from an accident scene without causing additional
damage to the vehicle.
(2)
Possess a valid driver's license and/or a commercial
driver's license with no restrictions or conditional endorsements
except for the wearing of eyeglasses.
(3)
Be mentally alert and present a neat appearance at
all times.
(4)
Obey all traffic laws, statutes, regulations and ordinances
promulgated by the State of New Jersey and the City of Vineland.
(5)
Be subject to inspection by the Department of Licenses
and Inspections or a designee and shall be approved by the Department
of Licenses and Inspections prior to rendering any services pursuant
to this article.
[Amended 11-28-2006 by Ord. No. 2006-99]
(6)
Have no criminal convictions and not be subject to
driving privilege suspensions or revocations within one year from
the date of the application or renewal.
I.
The tow vehicles provided by the towing operator shall
be of such type and design to properly and safely perform all towing
services required by this chapter and shall at all times comply with
New Jersey statutes and regulations and be subject to inspection by
the Department of Licenses and Inspections and the Vineland Police
Department.
[Amended 11-28-2006 by Ord. No. 2006-99]
J.
All drivers of tow vehicles shall possess at all times
a valid New Jersey driver's license and a commercial driver's license,
where applicable, which shall be subject to inspection by the Vineland
Police Department. Said operator shall respect all traffic laws and
shall comply with all statutes and regulations of the State of New
Jersey and of the City of Vineland.
[Amended 11-28-2006 by Ord. No. 2006-99]
K.
The tow vehicles provided by the towing operator shall
be geographically located so as to permit a response time within 20
minutes.
L.
The towing fees and storage fees established by the
towing operator shall be conspicuously posted at the towing facility
owned or operated by the towing operator, which fees shall not exceed
the maximum fees set forth in this chapter.
M.
At all times the towing operator shall maintain the
towing facility in a clean and orderly fashion. Reasonable measures
shall be taken by the towing operator to prevent vandalism, theft
or damage to automobiles stored therein.
N.
In the event that automobiles which are towed and
stored by the towing operator are abandoned or unclaimed by the owners
thereof, the towing operator shall make no claim against the City,
its agents or employees. Only those vehicles towed from private property
or public right-of-way under authorization of either the City Health
Department or the Police Department, not including accident vehicles,
shall be disposed of by the City pursuant to N.J.S.A. 39:10A-1 et
seq., or other appropriate state statutes or state regulations.
O.
The towing operator operating pursuant to these regulations
is an independent contractor and in no sense an agent, servant or
employee of the City. Said operator shall at all times maintain direct
supervision, management and control over all its employees and personnel
engaged in the operation or services performed pursuant to these regulations.
P.
The City shall not be responsible for the acts of
the towing operator in performing the services contemplated by this
chapter. The towing operator agrees to save and hold harmless the
City from all manner of liability as a result of its actions or omissions,
whether of a negligent or intentional nature.
Q.
Towing operators approved for tow list eligibility
shall be required to fulfill tow requests of the Department of Health
and/or the Police Department of the City of Vineland. Failure or refusal
to remove a vehicle pursuant to directive of the City of Vineland
shall be cause for removal from the list.
R.
The tow operator shall be responsible for ensuring
the proper, safe and secure storage of all vehicles towed. The tow
operator shall be liable for any and all damage incurred by such vehicles
while in transit to or while stored in or at the facilities of the
operator.
S.
The tow operator shall record all vehicles towed in
a book kept for such purposes. The details of each disabled vehicle
towed, serviced or transported, together with full information of
the towed vehicle and name and address of the owner and the charges
paid for his services, shall be recorded. 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 City of
Vineland. A quarterly towing record containing the information herein
stated above shall be filed with the Vineland Police Department and
Director of Licenses and Inspections setting forth the details of
all tows by vehicle type, date, time of day, sector and whether additional
services were required.
[Added 11-28-2006 by Ord. No. 2006-99]
A.
Every tow operator on the Police Department Tow List
shall maintain an inside building and outside secured storage area
meeting the following requirements:
(1)
The storage area shall be capable of storing not less
than 25 passenger vehicles and one tractor and trailer. The area shall
have not less than 800 square feet of inside storage facilities to
hold and protect "police hold" vehicles.
(2)
The storage area shall be located either within the
limits of the City or at such location outside of the City as to facilitate
a response time of not more than 20 minutes.
(3)
Outside storage areas shall be fully enclosed by a fence of sufficient security to prevent trespassing having a height of eight feet, or as otherwise required by Chapter 425, Land Use, with at least one lockable gate for ingress and egress, and shall be lighted from dusk to dawn. (If the storage facility includes more than one access point, then all access points must be secured with appropriate gate and lock.) Fences which are not less than six feet in height which existed prior to adoption of this chapter shall be permitted; however, if such fences are replaced, the new fence shall be eight feet in height or as otherwise required by Chapter 425, Land Use.
(4)
The storage facility shall be available to the Vineland
Police Department 24 hours a day, 365 days per year and shall be open
to the public on weekdays during normal business hours and for limited
but reasonable hours on weekends. The applicants shall specify the
hours on which the facility will be open to the public on weekends.
The storage facility shall release a stored vehicle to the owner thereof
on such date as shall have been requested by said owner, and storage
charges shall not accrue beyond the requested date of release.
(5)
The tow operator shall have an employee on duty during
all hours in which the storage facility is open.
(6)
The tow operator shall not charge a release fee or
other charge for releasing vehicles to their owners after normal business
hours or on weekends.
B.
The City of Vineland shall not be responsible for
processing of licensure or any other documents required by the State
of New Jersey with regard to vehicles left abandoned at a repair facility.
Vehicles left abandoned at a repair facility, including those involved
in accidents, are the responsibility of the repair facility, per N.J.S.A.
39:10A-8.
[Amended 6-11-2002 by Ord. No. 2002-35; 11-28-2006 by Ord. No. 2006-99]
A.
When towing or storing a motor vehicle under the police
tow list, the towing charge and storage charge per vehicle shall not
exceed those charges as set forth in the following fee schedule.
[Amended 9-25-2012 by Ord. No. 2012-37]
(3)
Additional fees.
[Amended 11-7-2022 by Ord. No. 2022-82]
(a)
Recovery fee: $350. For the purposes of this section, "recovery"
shall be defined as any extraordinary use of tow vehicle distinguished
from a basic tow, such as recovery down an embankment, vehicle on
its side or roof, vehicle with no key or ability to shift into neutral.
It shall not mean a tow from a shoulder or side of road.
(b)
Operator shall be reimbursed $15 for each forty-pound bag of
absorption material used and cleaned from site of vehicle.
(4)
A
fee of $50 may be charged for each non-heavy-duty City of Vineland
vehicles being towed.
[Amended 11-7-2022 by Ord. No. 2022-82]
(5)
There
shall be no additional charges other than provided herein.
B.
Tow vehicles transporting multiple motor vehicles
at one time may charge the applicable fee for each such vehicle transported.
C.
The per-mile towing rate shall be calculated based
upon the total distance from point of dispatch or tow operator's
base of service, whichever is less, to the point of delivery by way
of the shortest available route. Fractions may be rounded up to the
nearest whole mile.
[Amended 9-25-2012 by Ord. No. 2012-37; 11-7-2022 by Ord. No. 2022-82]
D.
The Department of Licenses and Inspections shall make
available to the public, during normal business hours, a copy of this
chapter and the fee schedule of licensed towing operators.
E.
There shall be no additional charges other than those
provided in the fee schedule.
A.
The Department of Licenses and Inspections and the
Vineland Police Department shall be responsible for the enforcement
of the provisions of this chapter.
[Amended 11-28-2006 by Ord. No. 2006-99]
B.
Abandoned vehicles.
(1)
The City of Vineland Police Department may authorize
the towing and storage of motor vehicles located on public streets
or public property which are unregistered, abandoned, illegally parked,
or which are permitted to be towed and stored pursuant to state statute
or state regulations.
C.
A tow operator shall not tow motor vehicles located
in the public right-of-way or on private property unless authorized
to do so by the owner of the vehicle or by the Police Department or
Department of Health. This chapter, however, does not preclude a towing
operator licensed by the City or state from towing motor vehicles
located on private property in accordance with state licensure privileges.
D.
Motor vehicles which remain unclaimed by the owner
or other person having legal right thereto shall be disposed of pursuant
to the applicable provisions of Title 39 of the New Jersey Statutes.
The last known owner of an abandoned vehicle, or the owner of the
property from which an abandoned vehicle is removed, shall be responsible
for all towing fees or charges, storage fees or charges, road service
fees or charges, and any other fees permitted by law.
E.
The City shall make periodic inspections of facilities,
equipment and service and, upon request, shall be provided full access
to equipment or property. Such inspections shall be made quarterly,
semiannually, or annually, as determined by the applicable City official,
but in no case shall such inspections be made less than annually.
F.
The Department of Licenses and Inspections shall establish
a procedure to process complaints received by the City regarding any
licensed towing operator, including, without limitation, charging
of fees in excess of those permitted hereunder or damage to vehicles,
and to notify a vehicle owner of the location of the motor vehicle
towed.
[Amended 11-28-2006 by Ord. No. 2006-99]
G.
The towing operator shall notify the vehicle owner,
by written form acknowledged by the owner at the time of the tow,
or by certified mail within three days of the tow, of towing and storage
fees and removal of the vehicle. It shall be the responsibility of
the towing operator to obtain all information regarding the vehicle
owner at the time of the tow.
H.
Storage by Police Department.
(1)
The Police Department shall have the right to store
at its own facilities motor vehicles towed at its direction or confiscated
in suspected crimes. All licensed towing operators shall extend storage
to the City of Vineland Police Department, and, if so requested, shall
provide separate storage space for exclusive use of the Police Department.
(2)
Abandoned vehicles or vehicles confiscated by the
Police Department are to be stored as authorized by the Police Department
to assure protection of the vehicle and to provide security of said
vehicle until appropriately disposed of by the Police Department.
(3)
The towing operator shall not release a designated police hold vehicle
without the proper release form approval from the Vineland Police
Department.
[Added 9-25-2012 by Ord. No. 2012-37]
I.
All towing operators shall provide adequate public
posting of charges at their primary place of business and storage
facility.
J.
Towing operators shall not pile vehicles or park towed
vehicles on public streets or sidewalks.
K.
Records and billing.
[Amended 11-7-2022 by Ord. No. 2022-82]
(1)
All towing operators shall maintain a record of each motor vehicle
towed, stored and released, and of all services rendered, which records
shall be maintained at on central location and retained for a period
of not less than five years.
(2)
Police records regarding the ownership of the towed vehicles shall
be made available to the tow operators, including police reports,
subject to proper redaction of personal information.
L.
Discharged petroleum or hazardous substances.
(1)
Pursuant to the Spill Compensation and Control Act,
including N.J.S.A. 58:10-23.11(g)c, any person in any way responsible
for a discharge of petroleum or hazardous substances shall be strictly
liable, jointly and severally, without regard to fault, for all costs
of cleanup and removal of the discharge from the public right-of-way
and private property within the area of the spill. The tow operator
and/or facility owner shall be responsible for the cleanup and removal
of any spill or discharge of petroleum or hazardous substances at
its storage facility. The facility owner may choose to take action
against the vehicle owner for the cost of such cleanup and removal.
The responsible party shall contact the NJDEP Action Line to report
any spills or leaks as required by N.J.S.A. 58:10-23.11e.
(2)
Whenever any petroleum or hazardous substances are discharged on or in public property or within the public right-of-way, the Health Department may, in its discretion, act to remove or arrange for the removal of such discharge or may direct the responsible party to remove or arrange for the removal of such discharge. The Health Department shall monitor compliance with any cleanup directives. Pursuant to Chapter 407, Hazardous Materials, Article I, Reimbursement for Cleanup (City Ordinance No. 90-117), and N.J.S.A. 58:10-23.11f, any person who fails to comply with a cleanup directive shall be liable to the City in an amount equal to three times the cost of such removal.
M.
This chapter is not intended to regulate or set fees
for nonbasic towing services or the towing or storage of trucks and
buses. Such service, if requested, shall be billed at reasonable prevailing
rates. The towing contractor shall submit a list of fees in advance
for nonbasic towing to the Director of Licenses and Inspections, who
shall have the sole discretion in determining reasonable prevailing
rates.
[Added 11-28-2006 by Ord. No. 2006-99]
