[HISTORY: Adopted by the Mayor and Council
of the Borough of Tuckerton 12-15-2008 by Ord. No. 15-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 246.
[1]
Editor's Note: This ordinance also repealed
former Ch. 242, Towing and Storage Service, adopted 8-16-1993 by Ord.
No. 15-1993.
There is hereby established a nondiscriminatory,
rotating list of towing and storage contractors authorized to provide
vehicle towing and storage services as required by the Borough of
Tuckerton. The Chief of Police shall be responsible for the administration
of the rotating list. In the event none of the contractors listed
on the rotating list are available or are unable to provide such services
as requested by the Borough, the Chief of Police, in his discretion,
may request such services from any other available source. Nothing
in these rules and regulations shall be construed so as to prevent
any owner or operator from selecting his own towing service.
A.
Basic towing. Basic towing services shall be available
and provided on a seven-day-per-week, twenty-four-hour-per-day basis
for the entire geographic area of the Borough of Tuckerton. The contractors
on the rotating list must be able to respond to any tow scene within
15 minutes of the Borough's request.
B.
The contractor shall be responsible for the cleanup
of debris in accordance with N.J.S.A. 39:4-56.8, with the exception
of fuel, oil, chemicals or hazardous waste material. A fee for cleanup
of debris shall be charged to the vehicle owner in addition to any
other charges permitted under this chapter.
[Amended 11-16-2015 by Ord. No. 20-2015]
C.
Storage. Storage shall be provided for all vehicles
towed until claimed by the vehicle owner or disposed of in accordance
with applicable law. The contractor shall provide adequate lighted
land area sufficient to store a minimum of 10 vehicles (20 feet by
10 feet per vehicle space). Each storage area must be enclosed by
a security fence. In addition, inside garage area space for at least
one vehicle must be available. The location of the storage area must
be within 15 minutes of travel time from the place of the tow.
D.
Recovery services. Recovery services will be furnished
when necessary. Recovery services are those services which require
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, by several actions that may include but not be limited to
winching and rigging.
Motor vehicles that are stolen, abandoned, involved
in a crime, involved in fatal accidents or accidents which, in the
judgment of the police, may become fatal shall be considered police
impounds. Police impounds shall be towed to a designated police impound
property. A video security monitoring system shall be in place covering
the area where police impounds will be stored.
A.
All contractors on the rotating list shall provide
and maintain the following minimum equipment:
B.
Tow vehicles shall have the name, address and telephone
number of the contractor painted or permanently attached to both sides
of the vehicle in compliance with state law.
C.
All equipment must meet applicable state standards,
and the Borough reserves the right to make periodic, unannounced inspections
of vehicles, equipment, storage areas and personnel.
D.
All contractors on the rotating list shall comply
with all state laws and regulations regarding its services and equipment.
A.
In addition to meeting all other criteria of this
chapter and in order to be eligible for placement upon the rotating
list of authorized towers, the contractor shall supply a certificate
of liability insurance by a company licensed to do business in the
State of New Jersey, certifying that the contractor maintains workers'
compensation and garage liability insurance of not less than $1,000,000
combined single limit, garage keepers' liability of not less than
$100,000 per vehicle, said garage keepers' legal liability insurance
policy to further provide for fire, theft and explosion. All public
liability insurance, including garage liability and garage keepers'
legal liability coverage, shall name the Borough of Tuckerton, its
officers, agents and employees as additional insureds on the policy,
shall hold them harmless, indemnify them from any and all claims filed
against the Borough arising out of any act or failure to act on behalf
of the contractor and shall contain an endorsement providing 30 days'
notice to the Borough in the event of any material changes of the
policy or cancellation thereof. Those contractors meeting the eligibility
requirements shall be approved and added to the rotating list by resolution
of the Borough Council, upon advice of the Chief of Police.
B.
The contractor shall be located within 2.5 miles of
the outermost borders of Tuckerton Borough and be a state-registered
towing business for at least three years.
C.
All operators must be of a minimum age of 21 years
to be engaged in the towing services.
D.
All new
hires of authorized towing contractors are subject to a background
check prior to commencing performing towing services under this chapter.
[Added 11-16-2015 by Ord.
No. 20-2015]
[1]
Editor’s Note: Former § 242-6, Maximum rates and
charges for passenger vehicles, motorcycles, all-terrain vehicles
and mopeds, was repealed 11-16-2015 by Ord. No. 20-2015.
[Amended 11-16-2015 by Ord. No. 20-2015]
B.
A storage fee of $65 per day or a portion thereof shall be charged
for inside or outside storage.
C.
A yard fee of $45 shall be charged for moving or relocating a vehicle
at the request of the vehicle owner, insurance company or investigators.
D.
Winching: $125 per hook up.
E.
After hours (outside posted business hours or federal or state holiday)
pickup: $50.
F.
Recovery services. Where it is necessary that certain recovery services
be performed, or specialized equipment utilized in order to preserve
the condition of the motor vehicle or to clear a public roadway, an
additional charge shall be assessed against the vehicle owner. The
fees to be charged for recovery services shall be fixed annually by
the governing body by resolution.
A.
The contractor shall provide to the Borough the following
information concerning vehicles and employees:
(1)
The year, make, model, vehicle identification number,
type of vehicle, registration number and proof of insurance.
(2)
The full name and address of all employees and license
numbers. Each listed employee must be competent to provide minimum
road services for disabled vehicles, present a neat appearance at
all times, obey all traffic safety laws and regulations, be subject
to periodic and unannounced inspections by the Chief of Police, or
his designee, and shall be approved by the Chief of Police prior to
rendering any services pursuant to this chapter.
(3)
The addresses where the contractor shall be regularly
based, telephone numbers available on a twenty-four-hour-per-day basis
and the names of all operators, their addresses and the serial numbers
of their New Jersey motor vehicle licenses.
(4)
Certification of approved emergency warning lights.
B.
The contractor shall submit to the Borough of Tuckerton
Police Department the following information on vehicles unclaimed
over 30 days:
C.
The contractor shall provide the Borough with records
of all towed vehicles, storage and towing charges upon request.
A.
The hours of 8:00 a.m. until 4:30 p.m. shall apply
to the day rate on Monday through Friday, except New Jersey state
holidays. The night, weekend and holiday rate shall otherwise apply.
B.
The Borough of Tuckerton shall assess an administrative fee of $20 per vehicle to recover the cost of administering the towing and storage services for all vehicles coming under the purview of police impound. Such assessment shall be placed on each vehicle processed, plus an additional fee to include storage rates consistent with § 242-7 of this chapter.
[Amended 11-16-2015 by Ord. No. 20-2015]
C.
Under no circumstances shall the rates and fees charged by the contractor exceed the amounts prescribed in § 242-7 of this chapter.
[Amended 11-16-2015 by Ord. No. 20-2015]
D.
The contractor shall charge the motor vehicle owner/operator
or insurance company directly for all services provided.
E.
The contractor may charge an hourly rate for standby time incurred for winching, uprighting, excessive cleanup, waiting at the towing scene and other circumstances which fall outside the scope of services classified as normal in § 242-7 at the prevailing/established rate, which rate shall not exceed $60 per hour. The contractor must verify all standby charges for waiting at the scene by direct contact with the police communications center. The police shall, if appropriate, provide subsequent verification documentation. No standby charge for waiting at the scene shall be charged without such verification.
[Amended 11-16-2015 by Ord. No. 20-2015]
F.
The Chief of Police shall also maintain a record of the regular response of wreckers to police calls and any complaints from vehicle owners as to improper service or charges. The Police Department is authorized to enforce the provisions of this chapter in accordance with applicable laws of the state. The Chief of Police may request contractor removal from the rotating list pursuant to § 242-12.
A.
Applications for inclusion on the rotating list shall
contain all of the following information:
(1)
The name, residence, business address and telephone
number of the owner of the towing company. If the owner is a corporation,
the application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)
Such information as may be required by the Borough
concerning the personnel, vehicles, equipment, and storage facilities
of such applicant as herein provided, showing that the applicant meets
the minimum standards of performance.
(3)
A certificate or certificates of insurance evidencing
adequate insurance coverage as herein provided.
(4)
An annual fee of $75, plus an additional fee of $20
for each background check conducted by the borough on each business
owner and employee involved in the towing. Renewal application must
be filed by December 1. Background checks will be completed one time
for each employee. These background checks are necessary and will
be done in the interests of public safety.
[Amended 11-16-2015 by Ord. No. 20-2015]
(5)
Each towing applicant and its personnel must obtain
and furnish to the Borough a copy of their own individual N.J.D.M.V.
driver abstract.
(6)
The names and addresses of at least two business references
who 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.
(7)
Any new towing services applicant will be charged
a nonrefundable fee of $500. This will include inspection of the facility
and equipment. All new applications must be filed by November 1.
B.
The application shall be forwarded to the Chief of
Police for his review and approval. The review by the Chief of Police
shall consist of the following:
(1)
A background check to determine if either the applicant
or the applicant's personnel have been convicted of a criminal offense
or have had their driver's license suspended or revoked within the
past year. Conviction of a criminal offense or suspension of a driver's
license within the past year shall be cause for disqualification from
inclusion on the rotating list.
(2)
Inspection of the personnel, vehicles, equipment and
storage area proposed to be utilized by the applicant to verify the
accuracy of the information contained in the application and to determine
compliance with the applicable laws and regulations and the standards
of performance required by this chapter.
C.
Those contractors meeting the eligibility requirements provided herein shall be approved and added to the rotating list as set forth in § 242-5.
D.
Those contractors meeting the eligibility requirements
provided herein will be required to have picture identification cards.
All contractors and personnel must carry and present said identification
when responding to any towing scene in the Borough of Tuckerton.
A.
The Chief of Police shall receive and file any complaints
regarding the towing and storage contractors concerning excessive
charges, damages to vehicles, disqualified contractors or any other
complaint regarding performance under this chapter.
B.
The Chief of Police shall review all complaints and
notify the governing body of his decision on such complaints.
C.
The Chief of Police shall notify the Mayor and Borough
Council of any remedial or disciplinary action recommended in response
to any complaint, which shall be subject to the approval of the Mayor
and Borough Council.
A.
A contractor shall be disqualified from being included
on the Borough's towing list and will be removed therefrom for any
of the following reasons:
B.
The Chief of Police shall notify the contractor of
the disqualification or removal from the Borough's towing list, in
writing, which may be reviewed through the complaint procedure set
forth in this chapter.
