[HISTORY: Adopted by the Township Council of the Township
of Manchester 11-24-2014 by Ord.
No. 14-025.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 396,
Towing, adopted by Ord. No. 92-163 (Sec. 4-4 of the 1996 Revised General
Ordinances), as amended.
As used in this chapter, these terms shall be defined as follows:
Flashing lights restricted to the operation at the scene
of an accident or breakdown, while preparations are being made for
vehicle removal, and while towing the vehicle from the scene to a
place of storage or repair.
A private passenger automobile of a private passenger or
station wagon type that is owned or hired and is neither used as a
public or livery conveyance for passengers nor rented to others with
a driver; and a motor vehicle with a pickup body, or delivery sedan,
a van, or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by spouses who are residents of
the same household, not customarily used in the occupation, profession
or business of the insured other than farming or ranching. An automobile
owned by a farm family copartnership or corporation, which is principally
engaged on a farm or ranch and otherwise meets the definitions contained
in this chapter, shall be considered a private passenger automobile
owned by two or more relatives resident in the same household.
[Amended 6-12-2023 by Ord. No. 23-16]
The removal and transportation of a vehicle from a highway,
street or other public or private road or a parking area or from a
storage facility, and other services normally related thereto, but
does not include the 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.
The operation of an unengaged wrecker along the public streets
in any fashion intended likely or calculated to solicit business.
As specified in the current Manual on Uniform Traffic Control
Devices.
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 all situations which are accidental as to the insured even
if they were caused by the intentional acts of a perpetrator where
the perpetrator was not the insured or not otherwise involved with
the insured.
Any operation which requires the recovery of a vehicle from
a position beyond the right-of-way, being uprighted, or from being
impaled upon any other object within the right-of-way by several actions
which may include but not be limited to winching and rigging. A recovery
shall be when a towing operator applies his/her knowledge in a skillful
manner to preserve the condition of the motor vehicle while moving
the damaged motor vehicle to a towable position.
[Amended 6-12-2023 by Ord. No. 23-16]
Person, firm or corporation who owns and/or operates a vehicle
on the roads and highways within the Township of Manchester, which
vehicle by reason of being disabled or being unlawfully upon said
roads requires towing services.
The owner of a towed vehicle shall be allowed to pay the
tower for services rendered by means of cash payment, certified check,
money order, debit/credit card or any other form of payment agreed
to by both parties.
[Amended 10-23-2017 by Ord. No. 17-027]
The maximum allowable amount to be charged by a storage facility
for a calendar day in accordance with state statutes. A calendar day
begins at 12:01 a.m. and ends at 12:00 midnight on that same day.
A vehicle released on the same calendar day it is towed is not
subject to a storage charge.
For the purpose of outlining the appropriate use of storage
charges within this chapter, if a vehicle is towed at 8:30 p.m. on
July 1, the tower cannot charge a storage fee on July 1. If the vehicle
remains in storage at 12:01 a.m. on July 2, the tower may charge a
storage fee for that calendar day. A subsequent storage charge would
be allowable on or after 12:01 a.m. on July 3 and so on.
The location where a business under this chapter shall store
any vehicle towed by such licensee.
A commercial enterprise engaged in the business of providing
basic towing service.
A person, firm or corporation engaged in the business of
providing wrecker services and storage services for vehicles towed,
which services are made available to the general public upon such
rates, charges and fees as determined by said person, firm or corporation
and who is licensed under the provisions of this chapter.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles.
The process of moving a motor vehicle by the use of the cable
from a position that is not accessible for direct hookup by conventional
means for loading onto a tow vehicle. Winching shall not include pulling
a vehicle onto a tilt bed or carrier nor lifting a motor vehicle with
a conventional sling.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying or removing any and all
kinds of vehicles, or parts of vehicles, which are unable to be operated
under their own power, for which a service charge or fee is exacted.
A.
A maximum of five towing licenses may be issued pursuant to this
chapter.
(1)
In cases where more than five responsive and qualified applicants
are eligible for licensure, a public lottery will be conducted.
(2)
Eligible applicants will be noticed via certified mail of the date,
time and the location of the lottery drawing.
(4)
Those applicants selected in the lottery who meet the requirements outlined in § 396-4, as well as all other provisions of this chapter will be awarded licensure.
(5)
In cases where five or less responsive and qualified applicants are
present, no lottery drawing for licenses will take place.
B.
Each license shall run for term of three years, commencing on January
1 and terminating on December 31 of the third year.
C.
Upon expiration or revocation thereof, the license shall be null
and void.
To be eligible for a license, towers must meet or exceed the
following standards:
A.
Equipment. No license shall be issued to a towing operator that does
not possess and use the following equipment, which shall be periodically
inspected by the Chief of Police or the Chief's designee prior to
issuance:
(1)
Heavy-duty fleet requirements. Towers must have operational and in
service a minimum of one truck having a minimum boom capacity of 50
tons which meets the following criteria:
[Amended 10-23-2017 by Ord. No. 17-027]
(a)
Thirty-three thousand pounds. GVWR minimum commercially manufactured
hydraulic wrecker and chassis, with underreach capabilities.
(b)
Compliance with state and federal DOT requirements governing
commercial motor vehicles.
(c)
Air brakes.
(d)
Air transfer system to control brakes of towed vehicles.
(e)
Vehicle manufacturer serial plate legible and visible for inspection
on undercarriage and chassis boom or certified by manufacturer's rating
paperwork.
(f)
Two safety chains: two inches in diameter by 10 feet in length,
with a minimum of Grade eight alloy.
(g)
Two tow chains: 5/8 inch in diameter by 10 feet in length, with
a minimum of Grade eight alloy.
(h)
Axle lift safety straps or equivalent retention device.
(i)
Amber emergency lights with proper amber light permit from State
of New Jersey.
(j)
Two flood or work lights to the rear of the wrecker.
(k)
Two light bar or magnetic tow lights.
(l)
Two-way radio or cellular phone.
(m)
Assortment of wood blocks and boards.
(n)
Assortment of tools.
(o)
Flashlight.
(p)
T-bolts/maxi release pins.
(q)
Angle iron.
(r)
First-aid kit.
(s)
Fire extinguisher.
(t)
Broom and shovel.
(u)
Road flares, triangles, or road cones.
(v)
Two twelve-ton snatch blocks per winch.
(w)
An ample supply of industry-approved absorbent material.
(2)
Light-duty fleet requirements. In addition to the required heavy-duty
capacity, towers must have operational and in service a minimum of
three trucks. These vehicles may be a combination of flatbeds or light-duty
wreckers; however one must be a flatbed and one must be a wrecker.
Furthermore, these vehicles must meet or exceed the following requirements:
(a)
Light-duty wrecker:
[1]
Ten thousand pounds GVWR minimum commercially manufactured wrecker
and chassis.
[2]
Dual rear wheels.
[3]
Three thousand pounds minimum wheel lift capacity.
[4]
Eight thousand pounds minimum winch capacity.
[5]
Eight thousand pounds minimum hydraulic boom capacity (if equipped).
[6]
Vehicle manufacturer serial plate legible and visible for inspection
on undercarriage and chassis boom or certified by manufacturer's rating
paperwork.
[7]
Three-eights inch by 100 feet in length cable or OEM specifications.
[8]
Two safety chains: 3/8 inch in diameter by 10 feet in length,
with a minimum of Grade eight alloy.
[9]
Two tow chains: 3/8 inch in diameter by 10 feet in length, with
a minimum of Grade eight alloy with J&T hooks and grab hooks.
[10]
Wheel lift safety straps or equivalent wheel retention device.
[11]
One four-ton snatch block per winch.
[12]
Trailer ball hitch attachment.
[13]
Motorcycle towing equipment.
[14]
Amber emergency lights, with proper amber light permit from
the State of New Jersey.
[15]
Two flood or work lights at rear of wrecker.
[16]
Two-way radio or cellular phone.
[17]
Assortment of tools.
[18]
Jumper cables.
[19]
Flashlight, fire extinguisher, and first-aid kit.
[20]
Gas can.
[21]
Lug wrench and jack.
[22]
Broom and shovel.
[23]
Road flares, triangles, or road cones.
[24]
An ample supply of industry-approved absorbent material.
(b)
Flatbeds:
[1]
Fourteen thousand five hundred pounds GVWR minimum commercially
manufactured flatbed and chassis.
[2]
Vehicle manufacturer serial plate must be legible and visible
for inspection on under-reach and chassis or certified by manufacture's
rating paperwork.
[3]
Seventeen feet or longer hydraulically operated slide back or
tilt bed.
[4]
Three-eighths inch in diameter by 50 feet in length cable or
OEM specifications.
[5]
Four tie-down devices, either chains at 3/8 inch in diameter
by 10 feet in length, with a minimum Grade seven alloy, or synthetic
web straps or equivalent strength.
[6]
One bridle chain high test with J&T hooks and grab hooks.
[7]
One four-ton snatch block.
[8]
Assortment of wood blocks and boards.
[9]
An ample supply of industry-approved absorbent material.
B.
Storage facilities. Storage shall be provided for all vehicles until
claimed by the vehicle owner or until legally disposed of. The towing
operator shall provide land area sufficient to store a minimum of
10 vehicles. Each storage area must be enclosed by a security fence
at least six feet high. Additionally, the towing operator must also
provide inside garage area space for at least two passenger vehicles
at any one given time.
C.
Required vehicle operating licenses.
(1)
Drivers must have valid New Jersey driver's licenses with the proper
commercial endorsements to operate the vehicles and equipment required
hereunder.
(2)
Each light-duty driver must obtain a certification from a nationally
recognized organization as determined by the Chief of Police and the
Garden State Towing Association. New hires must obtain certification
within nine months of employment.
(3)
Each heavy-duty driver must obtain a certification from a nationally
recognized organization as determined by the Chief of Police and the
Garden State Towing Association. New hires must obtain certification
within nine months of employment. Additionally, each driver must possess
a commercial driver's license (CDL) and must also comply with 49 CFR
391.51.
(4)
All drivers must maintain their certifications and have satisfactorily
completed training course within the preceding five years.
D.
Insurances. Towers must present a certificate of liability insurance
from a company licensed to provide insurance in the State of New Jersey
certifying the following coverage, which shall be maintained throughout
the license term:
(1)
Combined, single-limit workers' compensation and garage liability
insurance of not less than $1,000,000.
(2)
Garage keeper's liability policy of not less than $300,000 for any
one claimant and not less than $1,000,000 for more than one claimant
with $100,000 coverage for property damage for any one event, and
providing coverage for fire, theft, and explosion.
(3)
All public liability insurance, including garage liability and garage
keepers' legal liability coverage, shall name the Township of Manchester,
and its officers, agents, and employees, as additional insureds, and
shall hold them harmless and indemnify them from any and all claims
filed against the Township arising out of any act or failure to act
on behalf of the tower and shall contain an endorsement providing
30 days' notice to the Township in the event of any material changes
of the policy or cancellation thereof.
E.
Personnel.
(1)
Towing operators must have a minimum of two drivers certified to
operate heavy-duty trucks.
(2)
Towing operators and employees shall be fully trained and knowledgeable in the operation of all required equipment, possess in good standing all of the licenses and certifications required pursuant to § 396-4C, must be competent to provide minimum road services for disabled vehicles, present a neat appearance at all times, obey all traffic safety laws, and shall not have been convicted of an indictable criminal offense or any offense involving stolen or embezzled vehicles, fraud relating to the towing business, stolen property, or any offense of a similar nature, within the past seven years.
F.
Land use. All facilities and sites used for towing operations and
storage, wherever located, must comply with all applicable municipal
zoning regulations, land use approvals, construction permits, and
property maintenance codes.
(1)
For the initial series of licenses issued pursuant to this section,
applicants that have not yet obtained all requisite approvals from
the applicable municipal land use board may obtain a license provided
that those approvals are obtained within six months of the award of
the license. Notwithstanding issuance of a provisional license pursuant
to this section, applicants may not operate until all approvals are
obtained.
(2)
For subsequent licenses, applicants must have obtained all requisite
approvals at the time of application.
(3)
Licensees must remain in continuous compliance with all approvals
and conditions of approvals throughout the license term.
(4)
Failure to obtain and comply with all requisite approvals and conditions
thereof, or to rectify any violations as required by the appropriate
enforcement authority, shall result in suspension or revocation of
the license as provided herein.
G.
Location. To the extent possible, towing operators shall be located
in a geographic area that enables a response time of 15 minutes of
Mile Post 43 on State Highway 70 (the determined and designated geographical
center of the Township) under normal circumstances.
H.
Availability. All towing operators must be available for service
on a twenty-four-hour, seven-day-per-week basis without exception.
I.
General requirements.
(1)
Each licensee shall maintain a record, in a bound volume, of all
towing and wrecking calls made by the licensee, together with the
name of the owner and operator of each vehicle which is the subject
of such call, the fee charged for the service, and the date and amount
of payment.
(2)
Each licensee shall be obligated to advise the Township of any change
in information provided on the application submitted for a license
under this chapter. In addition, each licensee shall be continuously
under an obligation to meet and maintain the minimum license requirements
provided for in this chapter over the term of the license.
(3)
Each licensee under this chapter shall be under a continuing obligation
to comply with each and every requirement of this chapter or the requirements
of any other chapter and applicable laws.
A.
Required information. Applications for towing licenses must provide
the following information:
(1)
Name, residence, business address, and telephone number of the owner
of the towing company. If the owner is a corporation, limited-liability
company (LLC), partnership, or other business entity, the application
must contain the name, residence, business address, and telephone
number of every stockholder owning more than 10% of the issued stock
or member owning more than 10% of the membership interest.
(2)
Current registrations and proof of insurance for each vehicle in
the applicant's fleet.
(3)
Verification of three years' towing-for-hire experience, either as
an owner or principal, which shall be confirmed by the Division of
Police.
(4)
For each employee, full name and home address.
(5)
Copies of all motor vehicle and operator's licenses required pursuant to § 396-4C and proof that license holders have satisfactorily completed training courses in the past five years.
(6)
Detailed statement evidencing that the applicant meets or exceeds the equipment standards set forth in § 396-4A.
(7)
A certificate or certificates of insurance evidencing adequate insurance coverage as required pursuant to § 396-4D.
(8)
For both applicant and each employee, full fingerprinting and criminal
background check in accordance with the procedures established by
the Division of Police.
(9)
For each driver, copies of individual New Jersey Motor Vehicle Commission
drivers' abstracts.
(10)
Names and addresses of at least two business references that
have known the applicant for at least two years and can attest to
the applicant's experience and performance in the towing, wrecking,
and storage business.
(11)
Proof from the Zoning Officer or other appropriate official
in the municipality where any facilities and sites used for towing
operations and storage are located that those facilities and sites
are in compliance with all applicable zoning regulations, land use
approvals, and property maintenance codes.
B.
Application deadline. Applications shall be submitted to the Township
Clerk no later than November 1 of the licensing year. Late applications
will not be considered. On or before September 1 of the licensing
year, the Township Clerk shall provide public notice of the application
period.
C.
Police Division review. Upon submission, applications shall be forwarded
to the Chief of Police for review. Review by the Chief of Police of
the Chief's designee shall involve the following:
(1)
Background check to determine if either the applicant or the applicant's
personnel have been convicted of any indictable offense or any offense
involving stolen or embezzled vehicles, fraud relating to the towing
business, stolen property, or any offense of similar nature, and maintain
all required licenses in good standing.
A.
Following review, the Chief of Police or the Chief's designee shall
issue a written report to the Township Council detailing the results
of the required background investigation and inspection and recommending
approval or rejection of the applicant based on the criteria set forth
in this chapter.
B.
Upon consideration of the report issued by the Chief of Police or
the Chief's designee, the Township Council shall award licenses to
qualified applicants by resolution.
C.
Applications for towing licenses may be rejected on any or all of
the following grounds:
(1)
The applicant's or its employees' criminal convictions for any indictable
offense or any offense involving stolen or embezzled vehicles, fraud
relating to the towing business, stolen property, or any offense of
a similar nature, within the past seven years.
(3)
Repeated or egregious violations of the requirements of this chapter
during previous service as a licensed tower for the Township of Manchester.
(4)
Repeated complaints from the general public, substantiated and documented
by the Division of Police, of inadequate or unsatisfactory service
or improper or illegal practices during previous service as a licensed
tower for the Township of Manchester.
(5)
Fraudulent or illegal activity of any kind.
In order to assure provision of safe and efficient towing service,
tow licenses pursuant to this chapter shall be issued upon the following
basis:
A.
A towing rotation shall be established on a weekly basis throughout
the Township. This rotation will be calculated and monitored by the
Manchester Township Police Traffic Safety Section and Manchester Township
Police Dispatch. The Township of Manchester reserves the right to
modify or change the rotation as needed. If an error occurs within
the rotation, specifically dispatch or an officer accidentally contacting
a current licensed duty tower not on the weekly call rotation, reciprocity
will be given to the respective towing business. This reciprocity
will be determined by the Chief of Police or the Chief's designee.
[Amended 6-12-2023 by Ord. No. 23-16]
B.
The number of vendors in the rotation will be determined by the number
of licenses, not to exceed five, issued pursuant to this chapter.
All towers licensed pursuant to this chapter shall operate in
accordance with the following rules:
A.
Towing operators and employees shall be fully trained and knowledgeable
in the operation of all required equipment.
B.
Towing operators shall remain in compliance with the eligibility requirements set forth in § 396-4.
C.
Towing operators must provide service on a twenty-four-hour, seven-day-per-week
basis without exception.
D.
Towing operators shall immediately notify the Chief of Police or
the Chief's designee of the hiring or termination of any employee.
E.
Towing operators shall immediately notify the Chief of Police or
the Chief's designee of any employee convicted of a criminal offense
or whose driver's license is suspended.
F.
All facilities and sites used for towing operations and storage,
wherever located, shall be in continuous compliance with all applicable
municipal zoning regulations, land use approvals, construction permits,
and property maintenance codes.
G.
No towing operator shall engage in cruising as defined in this chapter.
H.
No towing operator shall solicit or attempt to divert patrons of
another towing operator whether or not licensed under this section.
Also, no towing operator shall solicit or divert prospective patrons
of a given repair service to any other repair service.
I.
Each licensed towing operator at all times shall maintain and carry
the necessary equipment to remove disabled or locked vehicles or equipment
necessary to operate or open vehicles to enable public safety personnel
to remove entrapped passengers.
J.
Each towing operator or other agent acting on behalf of the license
shall be obligated to wear high-visibility clothing whenever they
are performing work for the licensee within the Township.
K.
Each towing operator, prior to departure from the scene of towing
services, shall clean and clear the streets of any customary debris
resulting from any accident at such scene and shall at all times carry
the necessary equipment to perform such cleaning services. At no time
shall the tower remove any hazardous material from the roadway such
as oil, antifreeze or fuel in accordance with N.J.S.A. 39:4-56.8.
The tower will, however, cover such material with an industry-approved
absorbent material.
[Amended 10-23-2017 by Ord. No. 17-027]
L.
No towing operator, licensed under this chapter or otherwise, shall
respond to the scene of an accident except upon the request of the
driver or owner of the vehicles involved or except upon notification
by the channel of communication established by the Division of Police
to notify licensed towing operators of the necessity of their presence.
The officer investigating accidents which require towing service shall
get authorization from the driver or owner of cars when an unlicensed
towing service is to be engaged.
[Amended 6-12-2023 by Ord. No. 23-16]
M.
Refusal to tow at the scene of the towing and the type of car refused
shall be reported, by the police officer assigned to the incident,
to his superior. The report of refusal shall be furnished to the Chief
of Police and the Township Clerk as soon as practicable.
N.
Towing operators shall arrive at the scene to which dispatched within
a reasonable time after being dispatched. Under normal circumstances,
such reasonable time limit is defined as within 15 minutes. If the
tow operator is not able to arrive within a reasonable period of time,
the officer requesting the tow may, at his/her discretion utilize
another tow company licensed by the Township as a replacement for
that call.
O.
When any unusual situation occurs which may be dangerous to the safety
of the public, such as dangerous cargo, solvents, fluids, natural
gas, etc., the most qualified towing operator will be selected by
the Manchester Township Police.
P.
Where no designation has been made, licensed towing operators are
authorized to remove the vehicle to the towing operator's place of
business.
Q.
If towing service fees have been paid by the Township of Manchester,
the owner will supply payment via check, paid to the Township of Manchester,
for amount that was paid for the towing service.
[Amended 6-12-2023 by Ord. No. 23-16]
R.
In all cases where cars are to be towed for illegal parking, summonses
for such offenses shall be issued prior to towing.
S.
No towing operator operating under the license issued hereunder shall
employ, directly or indirectly, any personnel or employees of the
Township of Manchester.
T.
Towing operators shall provide the Division of Police with the following
information on abandoned and unclaimed vehicles, which are either
junk vehicles unclaimed over 15 business days or resalable vehicles
unclaimed over 20 business days in accordance with N.J.S.A. 39:10A-1.
[Amended 10-23-2017 by Ord. No. 17-027]
U.
A list of all fees charged to the general public shall be posted
in a conspicuous place on the towing company's garage, and no other
fees shall be charged.
V.
Release of stored motor vehicles to the general public shall be provided
by the tower on a seven-day-a-week basis.
W.
Such additional rules and regulations as may be promulgated by the
Township Council pursuant to ordinance shall take effect after notification
of such rules and regulations upon all the holders of licenses for
towing operators. Service shall be made by forwarding these rules
and regulations by certified mail, return receipt requested, to the
licensee at the address listed in his or her most recent application.
X.
Each tower is required to submit a towing invoice for any vehicle
towed to the Manchester Township Police Department's Impound Yard
as well as for any police agency vehicle towed at the Township's request
to the Traffic Safety Section no later than 30 days from the date
that the service is rendered. Invoices not received by the agency
within 30 days will result in the forfeiture of said tow fees.
[Added 10-23-2017 by Ord.
No. 17-027]
[Amended 10-23-2017 by Ord. No. 17-027]
No licensee under this chapter shall charge a fee for basic
towing services, inclusive of debris cleanup and yard towing, or storage
in the Township of Manchester in excess of the following:
B.
C.
Class VII and VIII Vehicles (GVWR 26,001 pounds or greater):
(1)
Tow, from scene to shop or locations within tow zone of call: $500
per hour. Detailed breakdown of hours must be provided.
[Amended 6-12-2023 by Ord. No. 23-16]
(2)
Storage:
(a)
First calendar day: free storage. Daily rates apply on the next
calendar day after tow.
(b)
Daily storage per piece: $80/day for vehicles under 30,000 pounds.
[Amended 6-12-2023 by Ord. No. 23-16]
(c)
Daily storage per piece: $105/day for vehicles over 30,000 pounds.
[Amended 6-12-2023 by Ord. No. 23-16]
E.
In addition, every operator of a towing service shall give the owner
of each vehicle towed a written estimate of cost and a written receipt
when paid. In addition, and notwithstanding any provision of this
chapter, no licensee shall charge a fee for towing services or storage
in excess of any limitation established by any other law.
F.
Miscellaneous fees and regulations:
[Amended 6-12-2023 by Ord. No. 23-16]
(1)
Township vehicles. Notwithstanding the foregoing, the fees for towing
Township vehicles or changing tires on Township vehicles shall be
$65 for vehicles 7,000 pounds GVWR or under per incident, and $130
for vehicles between 7,001 pounds GVWR and 26,000 pounds per incident,
and $300 for vehicles over 26,001 pounds GVWR per incident. Mileage
fees for towing of Township vehicles to/from locations outside of
tow zone will be $4/mile.
(2)
Mileage fee: Mileage fees for towing to/from locations outside of
tow zone of call: $7/mile, one-way only. Mileage fees for towing of
Township vehicles to/from locations outside of tow zone will be $4/mile,
one-way only. Mileage fees will start/stop whenever entering the Township
of Manchester.
(3)
Administrative fee: Immediately upon entry into the towers storage,
all vehicles incur a one-time administrative flat fee of $25. Documentation
of administrative services provided upon request. No storage or administrative
fees will be charged for recovered stolen vehicles.
(4)
Debris removal: Debris cleanup is mandatory (N.J.S.A. 39:4-56.8)
and is included with the basic towing fee. The application of a fluid
absorbent compound, commonly referred to as "speedy-dry," is required
to be applied to roadway surfaces where vehicle fluids have spilled
as a result of a collision or disablement. Application of two or more
bags of speedy dry for extensive vehicle fluid clean-up: $25 flat
fee.
(5)
Vehicle lock-out fee: The flat fee for vehicle lock-outs will be
$90.
(6)
Dolly use/air line disconnect/release linkage, brake fees (per axle):
$50 each.
(7)
Vehicles towed to the Manchester Township Police Impound Yard for
investigative purposes and/or pending seizure actions will be towed
at the corresponding tow rate for the vehicle.
(8)
Additional
truck/personnel: $100 per hour per truck, billed in fifteen-minute
increments once vehicle is on scene. Must be supported by documentation.
(9)
Protection
of vehicles in storage from further damage due to weather (broken
windows, doors, hoods, trunk missing or damage, which allow weather
intrusion). Must be requested by the Police Department, vehicle owner,
or other authorized party:
(11)
Yard fee for retrieval of any items from stored vehicle or escorting
of an insurance adjuster: $25 per half hour. Individuals must be alerted
of this fee prior to being escorted into the yard and times shall
be documented.
(13)
The maximum allowed accrued storage charges is 30 days.
(14)
The tower shall not charge any fee not defined in this section unless
previously authorized by either the registered owner/operator of the
vehicle being towed, the Chief of Police or the Chief's designee.
Towing rates must be posted in a conspicuous place at each tower's
business where it will be visible to the general public. For any additional
services, to include but not limited to, HAZMAT clean-up and disposal,
a catastrophic crash or any special service tow equipment that is
not listed in this section, Manchester Township will refer to the
current New Jersey State Police Maximum Towing Rates document. Approval
from either the registered owner/operator of the vehicle, the Chief
of Police or the Chief's designee to use these rates as required and
a detailed breakdown of services rendered must be provided whenever
a fee is charged that is not defined in this section. Any authorization
or approval from the registered owner/operator of the vehicle for
fees not defined in this section must be in written form and signed
by the registered owner/operator of the vehicle, the Chief of Police
or the Chief's designee.
G.
Taxation: The New Jersey Sales and Use Tax Act[1] defines that any charges relating to towing services,
to include tow fees, hook-up fees, mileage fees, and winching fees,
all of which are performed in conjunction with towing services, are
not taxable. Only fees outside of towing are taxable.
[1]
Editor's Note: See N.J.S.A. 54:32B-1 et seq.
A.
The Division of Police generally, and the Chief of Police particularly,
are hereby designated as the supervising authorities to enforce the
provisions of this chapter.
B.
Authorized members of the Division of Police may periodically inspect
each licensed towing operator to ensure compliance with the requirements
of this chapter.
C.
Upon receiving notice thereof, the Division of Police shall conduct
a background check of licensed towing operators' newly hired employees.
D.
The Division of Police shall maintain a log of calls to licensed
towing operators under this chapter, which shall be available for
inspection by any licensed tow operator upon reasonable notice.
E.
The Division of Police shall maintain a log of all complaints from
the general public pertaining to towing operators licensed pursuant
to this chapter, which shall be available for inspection by any licensed
tow operator upon reasonable notice.
F.
The Division of Police may issue a summons for any violation of this
chapter which shall be heard in municipal court.
A.
Suspension. The Chief of Police or the Chief's designee is hereby
empowered to temporarily suspend for cause any towing operator's license
and rights to operate thereunder.
(1)
Grounds for suspension. Violations of any provisions of this chapter,
any other applicable law, regulation, or Township ordinance, illegal,
improper, or fraudulent activity, or substandard performance or service
shall constitute grounds for suspension. Three separate confirmed
violations, arising from three separate incidents, will result in
automatic suspension for a temporary period, and may result in license
revocation.
(2)
Procedure for suspension. Upon a determination that appropriate grounds exist and that suspension is warranted, the Chief of Police or the Chief's designee shall issue written notice thereof to the offending tower. The notice shall advise of the suspension, state the basis and duration thereof, establish the conditions for reinstatement, and inform the offending tower of the right to appeal the suspension in accordance with § 396-13.
(3)
Consequences of suspension. Suspended towers must immediately cease
all towing operations for the Township until reinstatement.
(4)
Reinstatement. Suspended towers may be reinstated only after the
violations leading to the suspension have, in the determination of
the Chief of Police or the Chief's designee, been cured or appropriately
rectified.
B.
Revocation. Towing licenses may be revoked by resolution of the Township
Council upon written recommendation from the Chief of Police or the
Chief's designee that a licensed tower is no longer qualified, capable,
or competent to serve based on the requirements of this chapter.
(1)
Grounds for revocation. Repeated or egregious violations of any provisions
of this chapter, any other applicable law, regulation, or Township
ordinance, illegal, improper, or fraudulent activity, or substandard
performance or service shall constitute grounds for suspension.
(2)
Procedure for revocation. Upon a determination that appropriate grounds exist and that revocation is warranted, the Chief of Police or the Chief's designee shall so report to the Township Council in writing. If the Township Council agrees that revocation is appropriate, it shall adopt a resolution to that effect, which shall state the basis for revocation. The Chief of Police shall thereafter provide written notice thereof, along with a copy of the resolution, to the offending tower. The notice shall advise the tower of the right to appeal the revocation in accordance with § 396-11.
(3)
Consequences of revocation. Following revocation, towers must immediately
and indefinitely cease all towing operations for the Township.
A.
Right to appeal. The rejection of a towing application submitted,
or suspension or revocation of a towing license issued, pursuant to
this chapter may be appealed to the Chief of Police or his/her designee.
[Amended 10-23-2017 by Ord. No. 17-027]
B.
Time for appeal. Appeals must be filed not later than 45 days from
the date of the rejection, suspension, or revocation challenged.
C.
Procedure for appeal. Requests for an appeal must be timely submitted
in writing to the Chief of Police or the Chief's designee. The request
must clearly identify the action challenged and include a statement
of reasons in support of reversal. The appeal may be decided on the
written record or a formal hearing may conducted, which must be specifically
requested. Upon receiving such a request, the Chief of Police shall,
within reasonable time, schedule a mutually agreeable date for a hearing.
D.
Conduct of hearing. The hearing authorized by this section shall
be conducted before a three-officer panel of the Manchester Township
Police, consisting of the Chief of Police or his/her designee, the
Bureau Commander of Traffic Safety, or designee and a member of the
Traffic Safety Section.
[Amended 10-23-2017 by Ord. No. 17-027]
E.
Disposition of appeal. After reviewing the aggrieved tower's written
submissions and the record of the formal hearing, if any, the panel
shall issue a written decision upholding, reversing, or modifying
the original determination.
(1)
If the panel recommends a reversal of a rejection or revocation,
its decision shall be forwarded to the Township Council which, if
in agreement, shall adopt a resolution to that effect. Notice of the
reversal, together with a copy of the panel's decision and Township
Council resolution, shall be sent to the aggrieved party.
(2)
If the panel recommends reversal or modification of a suspension,
it shall so notify the aggrieved party. The notice shall include a
copy of the panel's decision and state the conditions for reinstatement,
if any.
(3)
If the original determination is upheld, the panel shall so notify
the aggrieved party and provide a copy of its written decision.
A.
Personal items or property not part of or permanently attached to
the vehicle in storage may be removed by the vehicle owner.
B.
Vehicles impounded as part of a police investigation may not be entered
without the investigating officer's approval.
C.
Only authorized
individuals will be allowed to enter the vehicle to remove any items.
Authorized individuals will be the owner of the vehicle, Manchester
Township police officers, or a secondary authorized individual that
is able to show proof of authorization. Secondary authorized individuals
are identified as insurance company employees, individual capable
of presenting the owner of the vehicle valid driver's license, verbal
authorization from a Manchester Township police officer of a specific
person with a valid driver's license, or legal proof of being the
next of kin for the owner of the vehicle.
[Added 6-12-2023 by Ord. No. 23-16]
A.
The initial series of licenses issued pursuant to this chapter shall
commence on January 1, 2015, and shall be issued for successive three-year
periods.
B.
The application period for the initial series of licenses shall commence
following the enactment of this chapter and continue through December
15, 2014. The Township Clerk shall publish notice of the application
period immediately following enactment of this chapter.
C.
Applications shall be reviewed and licenses issued to qualified towers
in accordance with the provisions of this chapter. Applicants who
applied previously under the prior ordinance and paid the required
fee may resubmit without paying additional application fees.
D.
Successful applicants must pay the license fees required by this
chapter.
