[HISTORY: Adopted by the Township Council of the Township of Clark by Ord. No. 92-04 (Sec. 4-27 of the 2002 Revised General Ordinances). Amendments noted where applicable.]
Under the option allowed by N.J.S.A. 40A:11-5 et seq., towing services required by any municipal entity shall be assigned on nonexclusionary, nondiscriminatory terms to competent service providers on the basis of rotating assignments.
[Added 1-21-2020 by Ord. No. 20-05]
As used in this chapter, the following terms shall have the meanings indicated:
- A passenger motor vehicle, including station wagons, hearses, funeral flower and service vehicles, vehicles for which issuance of passenger car plates are authorized, taxi cabs, motorcycles, panel vans, pick-up trucks and similar vehicles having a gross weight not exceeding 6,999 pounds.
- HEAVY-DUTY WRECKER
- Any wrecker used exclusively for the removal of trucks, trailers, tractors, busses, and/or other oversized vehicles.
- YARD CHARGE
- Any motor vehicle towed and/or stored under the authority of this chapter may be assessed an additional $50 if the vehicle remains in storage more than two business days.
The Chief of Police will be responsible for the promulgation of rules and regulations pertaining to the towing and storage of motor vehicles under this chapter and for a fee schedule for services not covered by state mandate. The fees established shall be reasonable and in no case shall exceed the maximum fee permitted by state law. Section 333-8 establishes towing and storage fees, which shall be updated periodically.
Service providers shall be available to respond 24 hours a day, seven days per week, for motor vehicle accidents, impounds or breakdowns at the request of the Police Department.
Service providers shall rotate on a weekly basis, beginning at 0001 hours Sunday and ending at 2,400 hours Saturday.
Service providers shall be required to respond to the scene within 15 minutes. Between the hours of 12:00 midnight and 6:00 a.m., a twenty-five-minute response is acceptable.
Service providers located in Clark or in other contiguous municipalities shall be eligible for inclusion on the towing roster, provided that they ensure response within established guidelines.
Service providers may maintain a storage area at their facility and transport vehicles directly to the facility. The Chief of Police, in his discretion, may permit service providers, upon their request, to utilize storage areas owned by another provider.
Annually, the Chief of Police or his designee shall establish the weekly rotation list of service providers.
Any service provider can be removed from the rotation list for cause by order of the Chief of Police. Any provider removed by the Chief shall be entitled to a hearing pertaining to such removal conducted by the Township Council.
This chapter shall not apply to towing or storage services required within the jurisdiction of the Garden State Parkway Authority, and nothing contained herein is intended to alter, modify or supersede such regulations.
Nothing in this chapter shall preclude a police supervisor from bypassing the rotation list to secure heavy equipment towing services as extraordinary circumstances may require.
[Amended 5-19-2003 by Ord. No. 03-16; 6-18-2007 by Ord. No. 07-11; 1-17-2012 by Ord, No. 12-01; 1-21-2020 by Ord. No. 20-05]
Authority. N.J.S.A. 40:48-2.49, Operators engaged in removal of motor vehicles; regulations by municipalities.
Towing (vehicles other than commercial vehicles):
Fee for towing of Police Department vehicles shall not exceed: $50.
Motorcycle, street bike, quad: $175, (plus $5 per mile or fraction thereof).
Towing charge (commercial vehicles):
Class I vehicle, up to 6,999 pounds: $130, (plus $6 per mile or fraction thereof).
Class II vehicle, from 7,000 pounds up to 14,999 pounds: $200, (plus $8 per mile or fraction thereof).
Separation charge: $75.
Waiting time at scene (per minute): $2.
Rollover charges: $150.
Collection, clean up and disposal of debris on or off of roadway at scene of call: $35.
Where the use of special equipment, such as dolly, tilt-bed truck, front wheel lift snatch blocks, or other special hook-up is required, the above towing charges may be increased by $35.
Winching and wrecking charges that are not included in any of the fee schedules above shall be based on the hourly rate determined from the current edition of the Chilton's Labor Guide and Parts Manual.
Class I and II vehicles: $40 per day.
Class III vehicles: $100 per day.
All vehicles towed by the Township of Clark must be stored within the city limits at the designated facility, J&E Auto Body. Impound yard must be fenced in and secured. The Township of Clark will have full access to impound yard at all times.
Administrative fee. Any motor vehicle towed and/or stored under the authority of this chapter may be assessed an additional $50 if the vehicle remains in storage more than two business days.
Special circumstances. In a case where special circumstances arise due to the recovery of a vehicle beyond that which is required to perform a basic tow that requires additional labor, a charge of $75 per half hour will be permitted.
Any vehicle towed, either impounded, recovered, stolen or involved in an accident, will be transported to the storage facility of an approved service provider.
Exception. A disabled motor vehicle or a motor vehicle involved in an accident wherein a police investigation is not required may be towed to another storage facility as may be agreed upon between the vehicle owner and towing service provider. However, any such facility shall charge only those rates as may be provided for under the terms of this chapter.
Towing service providers operating under this chapter shall not solicit or attempt to divert patrons of a given repair service to any other repair service, nor shall any police officer designate or suggest any vendor or repair service to a motorist.