[HISTORY: Adopted by the Township Committee of the Township
of Delanco 3-5-2007 by Ord. No. 2007-3. Amendments noted where applicable.]
A.
ABANDONED VEHICLE
DISABLED VEHICLE
PERSON
TOWER
TOWING
TOWNSHIP
VEHICLE
WAITING TIME
WINCHING SERVICE
For the purposes of this chapter, the following terms, phrases and
words shall have the meanings given herein:
Any vehicle which has been left on or along any highway or
other public property or on private property without consent of the
owner or person in charge of the private property for a period of
more than 48 hours or for any period without current license plates.
Any vehicle located on or along any public right-of-way,
not in operation and with no owner visible and not legally parked
will constitute an inoperable vehicle.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A person engaged in the business or offering the services
of a vehicle tower or towing service, whereby abandoned and/or disabled
vehicles are towed or otherwise removed from the places where they
are disabled, impounded or abandoned by use of a tower or truck so
designed for that purpose.
Hoisting, lifting, removal, hauling and transportation of
any type of vehicle of any size from the highways, streets and roads
located within the Township of Delanco or any other highway, street,
or road within the State of New Jersey.
The Township of Delanco.
Any motor vehicle of any type or size, including but not
limited to passenger vehicles, trucks, trailers and other heavy vehicles
and equipment.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to fire/EMS services
which must be performed and/or police investigations.
Any operation in which a vehicle is moved onto a roadway,
from a position off the roadway or any other operation whereby a vehicle
is moved by the use of a cable from a position that is not accessible
for a direct hookup by conventional means for loading onto a tow vehicle.
"Winching" is not pulling a vehicle onto a tilt bed carrier or lifting
a motor vehicle with a conventional tow sling.
B.
When not consistent with the context, words used in the present tense
include the future; words in plural number include the singular number;
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
A.
Generally. The governing body of the Township, at the beginning of each period, shall appoint towers to be called by the Police Department on a rotating basis. Each tow shall be assigned to a different tower in an alternating order. A fee of $100 shall be paid to the Municipal Treasurer by each tower so authorized. The appointment shall be made after the submission of an application as hereinafter set forth and the review and recommendation of the same by the Chief of Police, said appointment to be made by the Township Administrator. Any tower receiving appointment shall be placed on the rotation list, which shall entitle it to be called in alternating turns. In the event that the tower next on rotation is unavailable, then the following tower on the list shall be called during said rotation, but only for a particular incident as set forth in § 260-3D. Appointments shall be for a three-year period commencing July 1. Tower(s) wishing to reapply at the end of their three-year appointment will be required to complete the application process to include a fee of $100 submitted to the Township if appointed.
B.
Application process. Any person interested in being placed on the
aforementioned rotation list shall submit an application on a form
to be prepared by the Township Administrator or his or her designee,
said form to contain, at a minimum, the information specified herein.
The applicant shall provide, at a minimum, the following information:
(1)
A list of required equipment and proof of ownership.
(2)
Experience of applicant with references.
(3)
Available personnel (employees).
(4)
Proper business and trade licenses and licenses of vehicles.
(5)
Tow trucks having two-way radio/cellular telephone capability with
a dispatching center on a twenty-four-hour basis.
(6)
Storage location setting forth capacity, contractor responsible for
safe storage area location, proof of ownership or lease of storage
area, along with a survey certifying the square footage within the
surveyed area.
(7)
Insurance and proofs of required coverage.
(8)
List of stockholders.
(9)
Noncollusion affidavit.
(10)
Affirmative action affidavit.
(11)
Hold harmless agreement.
(12)
Certification that the applicant is able to provide towing services
anywhere in the chapter in accordance with the response time established
within this chapter.
(13)
Certification that the applicant will be available to provide
service on a twenty-four-hour-per-day, seven-day-per-week basis and
will abide by the fees set forth in this chapter.
(14)
Certification that the applicant shall consent to the appointment
of the Township Clerk as the applicant's true and lawful attorney
for the purpose of acknowledging service out of any court of competent
jurisdiction to be served against the applicant.
C.
Review of application. The Chief of Police shall conduct a background
check of the applicant and any employees to be utilized in the towing
and storage operation. The background check is to determine if either
the applicant or its employees have been convicted of a criminal offense
or have had their driver's license suspended or revoked in the
past five years. Conviction of a criminal offense involving moral
turpitude or fraud within the past 10 years or suspension of a driver's
license within the past year shall be cause for the disqualification
from being appointed to provide towing and impound services. The Chief
of Police or his designee shall conduct an inspection of the employees,
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,
regulations and standards of performance required by this chapter.
The Township shall, at the cost of the applicant, obtain a better
Business Service Bureau report and any other reports that the Township
Administrator may deem necessary. After a thorough investigation,
the Chief of Police shall recommend to the Township Administrator
whether an applicant should be appointed to provide towing service
to the Township of Delanco in accordance with the terms and conditions
of this chapter.
D.
Independent contract. By submission of the fee and application, the
tower agrees that all personnel and equipment used shall be and remain
the property of the tower, and in no event shall the property or any
employee of the tower be represented or considered belonging to or
employed by the Township of Delanco. The tower is in no way or sense
an agent or employee of the Township of Delanco.
E.
Hold harmless agreement; liability.
(1)
The tower, by submission of the fee and application, agrees to assume
the defense of and indemnify and hold harmless the Township, its elected
officials, boards, commissions, officers, employees and agents from
all suits, actions, damages or claims to which the Township may be
subjected, of any kind or nature whatsoever, resulting from, caused
by, arising out of or as a consequence of the provisions of providing
the services required by this chapter. Prior to providing the towing
services, the tower shall execute the appropriate hold harmless clause.
(2)
The owner of the garage or the parking or storage location shall
also agree to indemnify and hold harmless the Township and its officers,
employees and agents from any and all suits and actions, damages or
claims arising out of the performance of the duties specified in this
chapter.
(3)
The Township of Delanco shall not be liable for any services whatsoever
which may be rendered to motor vehicles, and the tower shall only
seek payment from the driver and/or owner of such vehicles for compensation.
F.
Township Administrator's decision. The Chief of Police shall
conduct the aforementioned review and investigation and render a report
to the Township Administrator recommending either approval or denial
of the application. The Township Administrator shall then take action
with regard to appointing vendor(s) for towing and impound services.
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Township Administrator.
The following general requirements shall apply to all towers
and towing operations acting on behalf of the Township of Delanco:
A.
Equipment. The tower shall have sufficient equipment to tow the size
of vehicle for the list they desire to be placed upon. There shall
be a separate list for light, medium and heavy duty, which weigh classifications
are set forth more particularly below. The minimum requirement for
heavy-duty towing is one heavy-duty, large-capacity wrecker minimum
of twenty-five-ton capacity. The minimum requirement for medium towing
is one medium-duty wrecker minimum of ten-ton capacity. The minimum
requirement for light-duty towing is a light-duty wrecker minimum
four-ton capacity. Each tower seeking to be listed in any or all of
the above categories must provide a list of vehicles and a list of
other municipal entities served. The specifications are as follows:
(1)
Heavy duty.
(a)
Minimum of twenty-five-ton capacity.
(b)
Air brakes.
(c)
Minimum 1,000 by 20 tires with dual rear wheels.
(d)
Air fittings for releasing air pressure lock brakes on dump
trucks and tractor-trailers.
(e)
Under-reach capabilities.
(f)
All required ICC safety equipment must be carried.
(g)
Must meet all federal and New Jersey Division of Motor Vehicle
requirements.
(h)
Portable safety lighting to be installed on rear of towed vehicle.
(i)
Offside truck winching.
(2)
Medium duty.
(a)
Minimum of ten-ton capacity.
(b)
Minimum 1,000 by 20 tires with dual wheels.
(c)
Chassis requirements should be 10 tons gross weight.
(d)
Steering wheel lock for towing vehicles from the rear.
(e)
Wheel lift and under-reach capacity.
(f)
All ICC safety equipment must be carried.
(g)
Must meet all federal and New Jersey Division of Motor Vehicle
requirements.
(3)
Light duty.
(a)
Minimum of five-ton capacity.
(b)
Chassis requirements should be 10,000 pounds gross vehicle weight
and dual rear tires.
(c)
Steering lock on each wrecker for towing vehicles from the rear.
(d)
Tow sling type bar, rubber strap, to lift the car so that no
part of metal touches the car.
(e)
All ICC safety equipment must be carried.
(f)
Must meet all federal and New Jersey Division of Motor Vehicle
requirements.
B.
At the time of the submission of the application, the tower shall
submit proof satisfactory to the Township and the Police Department
of ownership of the aforementioned vehicles. Adequate proof shall
be proof of ownership by recorded title of the required number of
vehicles necessary to meet the chapter requirements or executed lease/rental
agreement for the equipment required extending six months beyond the
length of the contract. Failure to submit to the aforementioned satisfactory
proof shall result in the disqualification of the tower.
C.
Employees.
(1)
The tower shall have sufficient number of employees available to
comply with the minimal operational requirements of this chapter.
The tower shall indicate in his application the number of employees
on call and available to respond 24 hours a day, seven days per week.
(2)
The tower shall submit with the application to the Township the names
and addresses of all proposed drivers and employees who will be rendering
service under this contract on behalf of the tower. This information
is to be kept current with the Township by the tower.
(3)
All operators of the tower's equipment providing services required
by this chapter shall be over the age of 18 and must have a valid,
current driver's license.
(4)
No person shall be utilized by the tower to provide services required
by this chapter for the Township unless the Township has obtained
a record check and has been approved by the Chief of Police. The Chief
of Police may reject the services of an employee of the tower for
the following reasons:
(a)
Conviction of any crime of the first or second degree.
(b)
Conviction of any crime involving the use of a firearm.
(c)
Conviction of any crime involving the manufacture/distribution
of any controlled dangerous substance.
(d)
Conviction of any crime or offense which subjects the employee
to the provisions of Megan's Law.
(e)
Conviction within the last five years for driving under the
influence of intoxicating beverages or drugs.
(5)
No employee of the tower shall perform services unless previously
listed by the contractor to the Township.
D.
Availability; response time. The tower shall be available 24 hours
a day, seven days a week for use of the Township at the direction
of the authorized representatives of the Police Department as per
the rotation requirements hereinafter set forth. Once placed on the
list, towers will be called in alternating rotations for each call.
At the time of each call, the next tower on the list has exclusive
rights to tow vehicles on behalf of the Township of Delanco, and said
tower shall be called or dispatched first by the Police Department.
In the event that said tower is unavailable with respect to a particular
incident, then the next tower as set forth on the rotation list shall
be called or dispatched to the scene. The rotation list shall be as
a result of the receipt and review of the approval of the aforementioned
applications. If a tower refuses to accept a tow, including the towing
of a junk or abandoned vehicle, the tower shall be in violation of
their obligations to the Township under this chapter. In the event
that none of the towers set forth on the rotation list are available
or are available to provide the appropriate services requested by
the Township, or if an emergency exists, the Township may request
such services from any other available source. During adverse weather
conditions, heavy traffic conditions or emergency conditions, the
tower set forth on the rotation list shall give priority to requests
from the Township over any other request which may be received by
the tower. Notwithstanding the establishment of a rotation list, no
tower shall be called until the Chief of Police or his designee has
ascertained that the following requirements have been met:
(1)
The insurance policies, as required, have been procured and supplied.
(2)
The vehicle to be used for towing has been properly licensed and
inspected by the State of New Jersey and has the necessary stickers
affixed. No vehicle shall be licensed as a wrecker which is using
dealer plates or which has failed inspection.
(3)
The requirements of this chapter and all other laws, statutes and
ordinances have been met.
E.
Storage location. The vehicles must be towed to a location containing
a minimum storage area sufficient for the storage of 20 vehicles.
The applicant shall submit as part of the application process proof
that he owns or can lease the aforementioned minimum storage area.
For the convenience of the public and for investigative purposes,
the storage area must be located within a five-mile radius of police
headquarters located at 770 Coopertown Road, Delanco, New Jersey 08075.
If the tower has an option to lease the required storage area, he
shall submit with his application a copy of the lease agreement containing
the description, together with a copy of the survey of the land. The
lease shall extend to at least six months after the termination of
the tower's appointment. The surveys required herein shall have
set forth thereon a certification by the surveyor to the Township
as to the square footage within the storage area as surveyed. Storage
area shall meet the following requirements:
(1)
The land used for the storage of the vehicles shall be zoned for
such use and meet all applicable municipal codes. In addition, it
shall be in an area reasonably accessible to the public so that stored
vehicles may be claimed.
(2)
No towed vehicle may be parked upon the public street and shall be
stored by the tower within the storage area as hereinafter defined.
(3)
The tower must provide access to the storage area to the Police Department
as needed on a twenty-four-a-day basis.
(4)
The storage area shall accept all types of vehicles and be able to
hold at least 20 vehicles.
(5)
The entire land area shall be enclosed by a fence of sturdy construction
and shall be secured with lighting.
(6)
The land used for storage is to be level and clear from all debris
and must be clearly marked.
(7)
The tower shall be responsible for each vehicle and its contents
in the tower's possession until final disposition and removal
as ordered by the Township. All vehicles, regardless of condition,
shall be stored singly and so arranged to permit inspection and subsequent
removal. Adequate walkway inspection space shall be provided at all
times.
F.
Violations.
(1)
If a tower is in violation of any terms of this chapter, the Chief
of Police shall notify the Township Administrator, and the Township
Administrator or their designee shall notify the tower in writing.
If the violation is not corrected within 48 hours of the receipt of
said written notice, the Township Administrator, upon recommendation
of the Chief of Police, shall terminate the tower's services
and remove said tower from the rotation list for the remainder of
the three-year period. Adequate grounds for termination of services
shall include but are not limited to a violation of the terms of this
chapter, lack of compliance with response times, fraudulent or inaccurate
application information, unsatisfactory service, billing irregularities,
or the violation of any New Jersey statute or regulation.
(2)
Complaints of any kind relative to service, overcharging, theft of
parts, damage to towed or stored vehicles, discourteous treatment
and the like shall be referred to the Chief of Police for investigation
and recommendation to the Township Administrator, if necessary. Such
complaints may be cause for termination of the tower's services
and removal from the rotation list by the Township Administrator.
G.
Records; inspection; release of vehicle. The tower shall maintain
a record of all vehicles towed, stored and released by him pursuant
to this chapter. Within seven days of the end of a calendar month,
the tower shall supply a copy of all tow invoices and a report as
to the number of tows conducted during the prior month and any other
information that the Chief of Police shall deem necessary. Records
shall be kept for a seven-year period. The tower shall maintain a
record provided by the police of all property found anywhere in a
towed vehicle, including the trunk and glove compartment, if opened
or if a key is available, and the tower shall be responsible to safeguard
and release the vehicle and the contents left with the vehicle to
the owner.
(1)
The tower is to notify the Chief of Police or his designee, in writing,
once a vehicle is towed, pursuant to this chapter, and has been in
the tower's possession for a period of seven calendar days.
(2)
The tower shall not release vehicles towed pursuant to this chapter
without the claimant first obtaining a release from the Police Department.
In addition, the tower shall notify the Chief of Police, or his designee,
of the release of a vehicle towed pursuant to this chapter within
24 hours.
(3)
Only the Chief of Police or his designee shall have access to any
part of the storage area at any time of the day or night for inspection
purposes, including both indoor and outdoor areas. Authorized representatives
of the Police Department or the Township Administrator or their designees
shall have access to any of the records required to be kept by the
tower. Access to these records shall be provided to the Chief of Police,
Township Administrator, Township Clerk, or their designees, upon their
request during normal business hours.
(4)
The service, equipment and personnel of the tower are subject to
inspection and approval by the Township. The Township reserves the
right to have a qualified person or agency make such inspections.
H.
Disputes and adjustments.
(1)
Any disputes over the interpretation of this chapter, including the
reasonableness of any fees assessed, shall be settled amicably, if
possible, through negotiations between the tower, the Police Department
and the Township Administrator.
(2)
In cases where the Township has been at fault in wrongfully directing
that a vehicle be towed, the tower may petition the Township Administrator
for reimbursement of costs incurred in the towing and storage of said
vehicle.
I.
Standby service.
(1)
In addition to the service requirements of this chapter, the tower
shall be required to furnish extra towing equipment and service during
storm periods, periods of snow emergencies, traffic emergencies, disasters,
any acts of God and for any other reason when so designated by the
Township Administrator, the Chief of Police or their authorized representatives.
During such periods, which are herein referred to as "standby service
periods," the tower shall be required to furnish adequate equipment
and service to be held ready to remove all types of vehicles.
(2)
Standby service will begin when the Chief of Police or his authorized
designee calls the tower initially and will end when he terminates
the standby status by calling the tower.
(3)
The Township reserves the right, during any emergency, to designate
temporary areas owned or leased by the Township for the storage of
disabled vehicles in said area at the direction of the Chief of Police
or his designee.
A.
Removal. Vehicles shall be removed as follows:
(1)
Abandoned vehicles.
(a)
Abandoned vehicles, as defined in Title 39 of the New Jersey
Revised Statutes, shall be removed under the direction and supervision
of the Police Department on a twenty-four-hour-a-day basis. All calls
with respect thereto shall be answered within 10 minutes (daytime)/15
minutes (nighttime) from the time of notification under normal conditions
seven days a week, anywhere within Township limits, unless the Police
Department determines it is not a threat to vehicle traffic or persons
and could be removed during regular business hours. Abandoned vehicles
shall be towed without charge to the Township to the aforementioned
required storage area and stored thereon for no longer than 90 days
without any charges or liens accruing against the Township. Abandoned
vehicles remaining after 90 days may be removed from the secured area
provided that a junk title has been applied for pursuant to the provisions
of Title 39.
(b)
The tower may be penalized $150 per day for each abandoned vehicle
not removed and towed within a reasonable amount of time after notification
by the Police Department and may be grounds for termination of the
tower's appointment.
(c)
The requirement to tow abandoned motor vehicles shall only apply
to public rights-of-way, easements, avenues and places, including
public parks and playgrounds, and all quasi-public areas. The owner
of private property shall be responsible for the removal of any unattended
or disabled vehicles in accordance with the provisions of N.J.S.A.
39:4-56.6 and shall employ a tower of its choice.
(d)
The Township retains the right to require that the abandoned
vehicle shall be towed to municipal property and to retain any monies
realized from the sale of such vehicles. The Township shall pay the
tower's reasonable fees as set forth in this chapter for towing
a vehicle sold in this manner from the proceeds of the sale. Abandoned
vehicles not claimed by the owner or lien holder may be sold at public
auction pursuant to the provisions of N.J.S.A. 39:10A-1 through 39:10A-7.
Prior to sale at auction of any abandoned vehicle, the Township will
obtain the appropriate junk title or certificate of ownership for
said abandoned vehicle from the Division of Motor Vehicles.
(2)
Vehicles not abandoned.
(a)
All vehicles involved in accidents, disablements, stolen vehicles,
vehicles involved in suspected crimes and the like shall be towed
and stored under the direction and supervision of the Police Department
24 hours a day, seven days a week. Vehicles shall be available, at
a minimum, for release between the hours 9:00 a.m. to 5:00 p.m., Monday
through Fridays, except legal holidays. If the vehicle is picked up
on a Monday, no storage charge shall be assessed for the prior two
days. If the tower makes the vehicle available for pickup on weekends
or legal holidays, the tower may charge a storage fee for the days
it is actually open. The tower shall arrive at the scene of the accident
within 10 minutes (daytime)/15 minutes (nighttime) under normal conditions
after police notification. Repeated late arrivals at the scene of
accidents may result in the termination of the tower's services
as otherwise provided in this chapter.
(b)
In the event that the tower has been summoned by the Township
for purposes of towing a vehicle and the owner of the vehicle has
also summoned his own tower and said tower arrives on the scene prior
to removal of the vehicle by the Township's tower, then the owner
is entitled to remove his own vehicle at no cost or expense to the
owner or the Township. There shall be no charge to the Township for
the tower appearing at the scene under said conditions.
B.
Storage. The tower shall store the abandoned and nonabandoned vehicles
in the storage area as required in this chapter. The vehicles shall
be stored until claimed by the owner or until auctioned by the Township
in compliance with state law or as otherwise to be disposed of pursuant
to state law. Vehicles to be removed shall be towed to the tower's
storage area or to Township property at the discretion of the Police
Department.
C.
Calculation of day of storage. Any initial storage period of less
than 24 hours shall be counted as one day. Thereafter a "day" of storage
shall mean a full 24 hours. For example, a vehicle stored from 8:00
p.m. to 10:00 a.m. the following morning shall result in the payment
of one day of storage.
[Amended 10-5-2015 by Ord. No. 2015-11]
A.
The tower shall indemnify and hold harmless the Township of Delanco
against any loss due to injuries, accidents or damages of any character
whatsoever, where any such damage is the result of any act or omission
of the tower, his agents or employees in or due to the execution of
the work called for under this chapter.
B.
The tower shall carry general liability or garage liability coverage
with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate.
This policy shall include contractual liability coverage and also
name the Township of Delanco as an additional insured.
C.
The tower shall carry workers' compensation insurance in accordance
with the requirements of New Jersey state law. If the tower is a sole
proprietor, partnership, or limited liability partnership or limited
liability company, the individual, partners or LLC members must be
included for workers' compensation coverage.
D.
The tower shall carry commercial automobile liability insurance with
a combined single limit of not less than $1,000,000.
E.
Garage keeper's liability, including on-hook coverage, in an
amount not less than $60,000 (per location) on a direct primary basis.
F.
Certificates of insurance showing the Township of Delanco named as
an additional insured, in conformance with the above, shall be furnished
to the Township Administrator, subject to approval of the Township
Solicitor, and filed with the Township Clerk. The certificate of insurance
shall be delivered to the Township Administrator.
G.
Such policies shall contain a provision that 30 days' notice
of change or cancellation shall be given to the Township by the insurance
company. All insurance required hereunder shall remain in full force
and effect for the period of the appointment.
A.
Generally.
(1)
Towing and storage charges and fees shall be in accordance with N.J.S.A.
40:48-2.5 as well as the provisions of this chapter. The Township
shall not be responsible for the collection or payment of any charges
for the towing or storage of vehicles. The charges and fees and rates
applicable to services performed pursuant to this chapter shall be
posted in a conspicuous place visible to the public at the tower's
storage area and shall be presented to the owner of a vehicle to be
towed at the time of service. The tower shall prepare an itemized
bill in detail as to the actual services rendered and present the
bill to the claimant of a vehicle. Each bill shall contain a statement
that the claimant may file a complaint with the Township with respect
to charges. The Township will not be responsible for charges due and
owing from a claimant of a vehicle, nor will it assist the tower in
collecting such charges. Vehicles impounded as a result of police
investigations involving stolen vehicles or fatal accidents will not
result in storage charges; however, the Township reserves the right
to store such vehicles at a location of its choosing.
(2)
In the event the Township conducts an auction of unclaimed abandoned
vehicles pursuant to Title 39, the tower's bill for towing and
storage shall be an expense of possession and sale and shall be paid
from the proceeds of such auction. Each vehicle auctioned shall be
a separate item for purposes of this subsection. The title fee for
which the Township must pay to the State of New Jersey for title certificates
shall be paid by the purchaser at the auction, even if the tower is
the purchaser, and shall be in addition to the bid price of each vehicle.
In the event the Township determines to utilize the provisions of
Title 39 with respect to unclaimed vehicles, the tower shall receive
no compensation for its services.
(3)
The fee for towing a vehicle shall include the service rendered from
the scene where the vehicle is located to the storage area and from
the storage area to the curbline of the property on which is located
the storage area. There shall be no additional charge for towing a
vehicle from the storage area to the curbline for the purpose of an
owner of a vehicle towing the vehicle to a service station or other
repair shop or the person's home or other location. The charge
for towing includes any incidental and related costs such as disconnecting
and reconnecting a transmission. There shall be no additional charges
for any other services, including but not limited to waiting time,
debris removal, winching and additional labor when routine towing
services as provided for by this chapter are performed. The tower
shall be responsible for the cleanup and disposal of motor vehicle
fluids, in accordance with state law and accepted standards, and there
shall be no additional labor charges for this service. The tower may
charge the owner/operator for material used in the cleanup of motor
vehicle fluids. The tower may charge a fee for lockout service as
well as roadside assistance such as jump-starts, tire changes, and
providing gasoline for vehicles that have run out of fuel.
B.
Charges and fees. The charges, fees and rates for vehicles to be
towed and stored are set forth in a rate schedule attached hereto,
which shall be kept on file with the Chief of Police and may be amended
by future resolution of the governing body.
C.
Specialized equipment. In cases where the tower must hire laborers
or rent or utilize specialized equipment not specified in this chapter,
all reasonable charges therefor shall be paid by the owner of the
vehicle, after the owner of the vehicle or his agent has given his
prior written consent thereto, except where said vehicle is deemed
a hazard to health or safety, whereupon said vehicle will be removed
by the direction of the Chief of Police or his designee, with the
owner then being responsible for all personnel, equipment and labor
costs. The Chief of Police or his designee shall determine the necessity
for specialized equipment.
D.
Unloading of goods. In the event that it is necessary to unload a
vehicle which has been used for transportation of goods prior to towing,
an agreement shall be reached between the tower and the owner of the
vehicle or the owner's agent or representative as to the charge
for said service. No written agreement is necessary in an emergency
situation, and the Chief of Police or his designee shall determine
when an emergency exists.
