[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.
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]
The authority for adoption of the following schedule of services and fees is found in N.J.S.A. 40:48-2.49, Operators engaged in removal of motor vehicles; regulation by municipalities:
Towing (vehicles other than commercial vehicles):
Fees for towing of Police Department vehicles shall not exceed $25.
Towing charge (commercial vehicles):
Storage: $35 per day.
Separation charge: $75.
Waiting time at scene (per minute): $1.
Rollover charges: $125.
Application, collection and disposal of absorbent material ("Speedy Dry") for fuel, oil and antifreeze spills: $35.
Where the use of special equipment, such as a dolly, tilt-bed truck, front wheel lift, or other special hookup is required, the above towing charges may be increased by $15.
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.
"Car" shall mean a passenger motor vehicle, including station wagons, hearses, funeral, flower and service vehicles, vehicles for which issuance of passenger car plates is authorized, taxicabs, motorcycles, panel vans, pickup trucks and similar vehicles having a gross weight not exceeding 6,999 pounds.
"Heavy-duty wrecker" shall mean 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 $40 if the vehicle remains in storage more than two business days.
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.