A.
License required; response time.
(1)
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.
(2)
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.
B.
Usage on rotation basis; maximum number of operators.
(1)
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.
(2)
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
Licensed towing operators agree to provide the following services
on a twenty-four-hour basis:
(1)
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.
(2)
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.
(3)
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.
(4)
The storage of a motor vehicle removed and transported from the scene
of a motor vehicle accident.
B.
Site cleanup after accident; vehicle owner's responsibility.
(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 vehicle owner's of their responsibility for
the cleanup and removal of any debris or spilled fluids coming from
their vehicle.
C.
The towing operator shall ensure the proper utilization and deployment
of safety devices.
D.
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.
E.
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.
A.
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]
B.
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]
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: 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.
D.
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:
(1)
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.
(2)
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.
(3)
One snatch block per winch.
(4)
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.
(5)
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.
E.
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.
F.
No changes may be made to tow vehicles or equipment without prior
written approval of the Township of Elk Police Department.
G.
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.
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)
Not be mentally or physically impaired.
(3)
Obey all traffic laws, statutes, regulations and ordinances promulgated
by the State of New Jersey and the Township of Elk.
(4)
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.
(5)
Be a member of the Towing Recovery Association of America (TRAA)
or similar national towing association.
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 Chief
of Police or designee.
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 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.
K.
The tow vehicles provided by the towing operator shall be geographically
located so as to permit a response time within 30 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 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 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.
O.
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.
P.
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.
Q.
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.
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.
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 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]
(2)
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.
(3)
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]
(4)
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.
(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 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.
A.
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.
B.
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]
(1)
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.
(2)
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.
(3)
Tow vehicles transporting multiple motor vehicles at one time may
charge the applicable fee for each such vehicle transported.
(4)
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.
(5)
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.
A.
The Zoning Officer shall be responsible for the enforcement of the
provisions of this chapter pertaining only to storage facilities.
B.
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.
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 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.
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 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.
F.
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.
G.
Storage of vehicles.
(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
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.
(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.
H.
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.
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.
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.
L.
Responsibility for cleanup of hazardous substances.
(1)
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.
(2)
Whenever any petroleum or hazardous substances are discharged on
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 County Environmental Health
Department shall monitor compliance with any cleanup directives. Pursuant
to N.J.S.A. 58:10-23.11f, any person who fails to comply with a cleanup
directive shall be liable to the Township in an amount equal to three
times the cost of such removal.