Township of Elk, NJ Police Department Tow List

All towing operators, in order to provide services in nonpreference motor vehicle accidents or for the removal of motor vehicles from private or public property, as may be authorized by the Police Department, must be licensed by the Township of Elk in accordance with this chapter.

Towing operators must meet the thirty-minute response time to be eligible for inclusion on the Township of Elk Police Department tow list and be principally located within a six-mile radius of the borders of Elk Township.

Usage on rotation basis; maximum number of operators.

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 monthly basis, unless otherwise specified by the Police Department or in the event of emergency conditions. The towing and storage services shall be rotated among operators on an equal basis, by the month.

There will be a maximum number of regular-duty tow operators of three, and two heavy-duty tow operators permitted to perform work within the Township of Elk (as defined in this chapter). Replacement of tow operators on the current list may only occur when there is a vacancy, provided that the replacement tow operators meet all the requirements set forth within the application process of this chapter.

The Police Department shall at all times have the right to call more than one operator from the tow list and in the correct rotation order when there is more than one vehicle impairing traffic.

In times of emergencies and/or natural disasters, the Township of Elk reserves the right to contact other towing service operators who may not be on the tow list.

Licensed tow operators shall be subject to the minimum standards of the performance rules and regulations of the Elk Township Police Department, including safety, availability, and compliance with the procedures established by this chapter.

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 Township Clerk. The Township Clerk shall then notify the towing operator that the Chief of Police has recommended its removal from the Police Department towing list. The tow operator has 10 days to file a written appeal if in disagreement with recommendation of removal by the Chief of Police. The Township Clerk shall then schedule a hearing before Township Committee. After the hearing, the Township Clerk may then remove the towing operator from the Police Department towing list if it is determined that the performance of the towing operator is unreliable and/or inadequate.

The tow operator shall cease towing of vehicles on behalf of the Township of Elk Police Department upon notification by the Township Clerk that the tow operator is to be removed from the list, as recommended by the Chief of Police. During this interim period between notification and the decision of the Township Committee, the tow operator shall be suspended from list eligibility.

§ 95-10 Services to be performed by licensed towing operators.

Licensed towing operators agree to provide the following services on a twenty-four-hour basis:

The removal and transporting of motor vehicles involved in a motor vehicle accident where the owner or operator of the motor vehicle, when appropriate, has not made a preference for the towing of the vehicle.

The removal and transporting of a motor vehicle from private or public property as may be authorized by the Police Department or Code Enforcement Official of the Township of Elk.

The removal and disposal from the Township or private property of motor vehicles which, pursuant to state law and regulations, would be subject to the jurisdiction of the Elk Township Police Department. Such vehicles shall be moved to such location as specified by the Elk Township Police Department.

The storage of a motor vehicle removed and transported from the scene of a motor vehicle accident.

Site cleanup after accident; vehicle owner's responsibility.

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.

It is understood that the responsibility of the tow operator as established above in no way relieves vehicle owner's of their responsibility for the cleanup and removal of any debris or spilled fluids coming from their vehicle.

The towing operator shall ensure the proper utilization and deployment of safety devices.

If a licensed towing operator is unable to handle a particular situation for whatever reason, the Township shall have the right to use whatever means necessary to accomplish the removal, transporting and storage of motor vehicles.

No towing operator shall subcontract any work to be performed pursuant to this chapter without having first obtained prior written approval from the Township of Elk Police Department. Subcontractors must be licensed by the Township of Elk and on the current tow list. 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.

§ 95-11 Responsibilities of towing operators.

The towing operator shall provide a towing facility of sufficient size to accommodate not less than 25 passenger vehicles and two tractors and trailers (minimum 48 feet in length), and not less than 800 square feet of inside storage facilities to hold and protect "police hold" vehicles. At no time shall any automobile 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. The inside storage area shall be equipped with video surveillance with minimum 30 days of video storage capacity.

[Amended 4-4-2019 by Ord. No. O-1-2019]

The towing facility shall be staffed by the licensed towing operator during normal business hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, and include twenty-four-hour telephone service, seven days per week, during the week in which the licensed facility is on call.

[Amended 4-4-2019 by Ord. No. O-1-2019]

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: 14,000 pounds to 15,000 gross vehicular weight is regular towing service; 15,000 pounds gross vehicular weight 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.

Each tow vehicle or flat bed 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:

All tow operators shall be required to wear a reflective jacket or vest when towing vehicles on the roadway and all times shall exercise extreme caution and due safety.

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.

One snatch block per winch.

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.

Ample chains and cables for pulling or securing a towed vehicle. The working limit of cable shall be noted to include a minimum pulling capacity of 2,500 pounds (3/8-inch cable).

(6)

At least one broom, shovel, crowbar or prybar, jumper cables, flashlight, fire extinguisher or dry chemical type having capacity of not less than two pounds, 12 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.

(7)

Back up alarms on all tow trucks.

All tow trucks 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.

No changes may be made to tow vehicles or equipment without prior written approval of the Township of Elk Police Department.

Each tow vehicle shall display two stickers issued by the Department of Licenses and Inspections, State of New Jersey Motor Vehicle Commission, on the upper left and right side of the driver's door and passenger'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.

Towing operators and their employees shall provide all services required by this chapter at all times and shall be subject to the following requirements:

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.

Not be mentally or physically impaired.

Obey all traffic laws, statutes, regulations and ordinances promulgated by the State of New Jersey and the Township of Elk.

Be subject to inspection by the Chief of Police or a designee and shall be approved by the Chief of Police prior to rendering any services pursuant to this article.

Be a member of the Towing Recovery Association of America (TRAA) or similar national towing association.

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 Chief of Police or designee.

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 Chief of Police. Said operator shall obey all traffic laws and shall comply with all statutes and regulations of the State of New Jersey and of the Township of Elk.

The tow vehicles provided by the towing operator shall be geographically located so as to permit a response time within 30 minutes.

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 fees set forth in this chapter.

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.

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 Township, its agents or employees. Only those vehicles towed from private property or public right-of-way under authorization of either the Code Enforcement Official or the Police Department, not including accident vehicles, shall be disposed of by the Township pursuant to N.J.S.A. 39:10A-1 or other appropriate state statutes or state regulations.

The towing operator operating pursuant to this chapter is an independent contractor and in no sense an agent, servant or employee of the Township. Said operator shall at all times maintain direct supervision, management and control over all of its employees and personnel engaged in the operation or services performed pursuant to this chapter.

The Township 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 Township from all manner of liability as a result of its actions or omission, whether of a negligent or intentional nature.

Towing operators approved for tow list eligibility shall be required to fulfill tow requests of the Zoning Officer and/or the Police Department of the Township of Elk. Failure or refusal to remove a vehicle pursuant to directive of the Township of Elk shall be cause for removal from the approved tow list.

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.

§ 95-12 Towing facilities.

Every tow operator on the Police Department tow list shall maintain an inside building and outside secured storage area meeting the following requirements:

The storage area shall be capable of storing not less than 25 passenger vehicles and two tractors and trailers (minimum 48 feet in length). The area shall have not less than 800 square feet of inside storage facilities to hold and protect "police hold" vehicles. The inside storage area shall be equipped with video surveillance with minimum 30 days of video storage capacity.

[Amended 4-4-2019 by Ord. No. O-1-2019]

The storage area shall be located either within the limits of the Township or at no more than a six-mile radius outside of the Township so as to facilitate reasonable towing distances.

Outside storage areas shall be fully enclosed by a fence of sufficient security to prevent trespassing, having a height of six feet with at least one lockable gate for ingress and egress and shall be lighted from dusk to dawn. (If the storage facility included more than one access point, then all access points must be secured with appropriate gate and lock.) The outside storage area shall be equipped with video surveillance with minimum 30 days of video storage capacity.

[Amended 4-4-2019 by Ord. No. O-1-2019]

The storage facility shall be available to the Elk Township 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 Saturday. The operator 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 during normal business hours, after receiving the tow release from the Elk Township Police Department; storage charges shall not accrue beyond the requested date of release.

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.

The Township of Elk shall not be responsible for processing of licensure and 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, pursuant to N.J.S.A. 39:10A-8.

§ 95-13 Fees.

When performing services under the Police tow list to tow and/or store a motor vehicle, the towing charge and storage charge shall not exceed those charges as set forth in this chapter. These are maximum fees that may be charged.

The fees for towing, storage and related charges and costs shall be established and adopted by the Township Committee in January of each year. The current fee schedule will be filed with the Township Clerk and the Elk Township Police Department.[1]

[Amended 4-4-2019 by Ord. No. O-1-2019]

The fees set forth on the schedules for towing rates are the maximum charges that shall apply to a motor vehicle for basic towing services.

The towing rates shall be calculated based on the total distance traveled from the tow vehicle's base of service to the job site and return, by way of the shortest available route. Fractions shall be rounded up to the nearest whole mile.

Tow vehicles transporting multiple motor vehicles at one time may charge the applicable fee for each such vehicle transported.

When towing services are required, the day rate shall apply when the vehicle is transported (pickup and delivery) entirely between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except recognized New Jersey state holidays. The night, weekend and holiday rate shall otherwise apply.

§ 95-14 Storage; unclaimed vehicles; inspections of facilities; complaints; application for titles; cleanup of hazardous materials.

The Chief of Police shall post fees in the police station so the same are available to the public during normal business hours, along with a copy of this chapter and the fee schedules of the licensed towing operators.

(6)

Payment to the towing operator from the public may include credit/debit cards, certified bank/insurance company checks and cash.

[1]

Editor's Note: The fee schedule is included as an attachment to this chapter.

The Zoning Officer shall be responsible for the enforcement of the provisions of this chapter pertaining only to storage facilities.

The Township of Elk 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. Abandoned or unlicensed motor vehicles that are in violation of the Township's Property Maintenance Code (Chapter 110) shall be subject to enforcement procedures as established in the aforesaid chapter.

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 Zoning. This chapter, however, does not preclude a towing operator licensed by the Township or state from towing motor vehicles located on private property in accordance with state licensure privileges.

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.

The Township 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 Township official, but in no case shall such inspections be made less than annually.

The Elk Township Police Department, responsible for enforcement of this chapter, shall establish a procedure to process complaints received by the Police Department 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. The Police Department will investigate any complaints. Any fee not specifically covered in this chapter shall have a "reasonableness test" applied for the purpose investigating the complaint.

Storage of vehicles.

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 Township of Elk Police Department at no cost and, if so requested, shall provide separate storage space for exclusive use of the Police Department, also at no cost.

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.

All tow company owners will be permitted to apply for junk and abandoned titles for vehicles that are unclaimed for a minimum of 30 days. The tow company owner will be responsible for completing all the required paperwork and any and all fees associated with this process as defined under the provisions of 39:10A-1. The Township will send to the New Jersey Division of Motor Vehicles all completed paperwork after it has been verified. All titles approved by the New Jersey Division of Motor Vehicles will be then turned over to the tow company owner who applied.

All towing operators shall provide adequate public posting of charges at their primary place of business and storage facility.

Towing operators shall not pile vehicles or park towed vehicles on public streets or sidewalks.

All towing operators shall maintain a record of each motor vehicle towed, stored, and released, and of all services rendered. Such records shall be maintained at one central location and retained for a period of not less than five years.

Responsibility for cleanup of hazardous substances.

Pursuant to the Spill Compensation and Control Act, including N.J.S.A. 58:10-23.11g(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.