[HISTORY: Adopted by the Township Council of the Township
of Mount Laurel 10-5-2009 by Ord. No. 2009-16.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 43.
Abandoned vehicles — See Ch. 146.
Vehicles and traffic — See Ch. 148.
[1]
Editor's Note: This ordinance also repealed former Ch.
142, Towing and Storage of Vehicles, adopted 4-6-2009 by Ord. No.
2009-4.
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 Mount Laurel or any other highway,
street, or road within the State of New Jersey.
The Township of Mount Laurel.
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 depending on the type of tow requested. Mount
Laurel Township contracted towers shall not exceed the amount of 10
towers per light-duty and heavy-duty rotation per contract period.
A fee of $100 shall be paid to the Municipal Treasurer by each tower
so authorized. A tower wishing to be on both light-duty and heavy-duty
tows shall pay a fee of $100 for each type of tow service, a total
of $200. 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 Manager. Any tower receiving appointment shall be placed
on the rotation list with other approved towers. The rotation shall
be per incident. In the event that the tower in the rotation is unavailable,
then the next tower on the list shall be called during said rotation.
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 for one tow type, or $200 for both types, submitted to the Township
if appointed. Applications for the next period shall be received no
later than May 1 in the last year of the three-year period. The first
three-year period shall commence on July 1, 2019.
[Amended 2-11-2019 by Ord. No. 2019-4]
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 Manager 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)
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 as set forth in P.L. 1960,
c. 39 (N.J.S.A. 56:8-1), Section N.J.S.A. 56:13-12, P.L. 2007, c.
193.
(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 Township 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)
Provide proof the tower is registered with the New Jersey Division
of Consumer Affairs.
C.
Review of application. The Chief of Police shall conduct a background
check of the applicant to be utilized in the towing and storage operation.
The background check is to determine if the applicant has either been
convicted of a criminal offense or had its driver's license suspended
or revoked in the past three years. Conviction of a criminal offense
or suspension of a driver's license within the past three years
shall be cause for the disqualification from being appointed to provide
towing and impound services. The applicant shall certify to the Township
that all operators have current valid driver's licenses for the
equipment they are to be operating. The Chief of Police or his designee
shall conduct an inspection of the 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. After a thorough investigation, the Chief
of Police shall recommend to the Township Manager whether an applicant
should be appointed to provide towing service to the Township of Mount
Laurel in accordance with the terms and conditions of this chapter.
[Amended 2-11-2019 by Ord. No. 2019-4]
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 Mount Laurel. The tower is in no way or
sense an agent or employee of the Township of Mount Laurel.
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 Mount Laurel and the Director of the New Jersey Division
of Consumer Affairs 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, owner, lienholder and/or insurance carrier
of such vehicles for compensation.
F.
Township Manager's decision. The Chief of Police shall conduct
the aforementioned review and investigation and render a report to
the Township Manager recommending either approval or denial of the
application. The Township Manager 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 Manager.
There shall be two rotating tow lists, one for heavy-duty tows
and one for light-duty tows. The following general requirements shall
apply to all towers and towing operations acting on behalf of the
Township of Mount Laurel:
A.
Equipment. The tower shall have sufficient equipment to tow vehicles
associated with the classification of vehicle they are approved for
towing from the highways, streets and roads in the Township of Mount
Laurel and/or any location outside the Township boundaries as so directed
by the Police Department.
(1)
Heavy duty. The minimum requirements are one heavy-duty large-capacity
wrecker minimum of twenty-five-ton capacity, one of which must be
a flatbed, minimum four-ton capacity. The specifications are as follows:
(a)
Air brakes.
(b)
Minimum 10.00 by 20 tires with dual rear wheels.
(c)
Air fittings for releasing air-pressure-lock brakes on dump
trucks and tractor-trailers.
(d)
Underreach capabilities.
(e)
All required ICC safety equipment must be carried.
(f)
Must meet all federal and New Jersey Division of Motor Vehicle
requirements.
(g)
Portable safety lighting to be installed on rear of towed vehicle.
(h)
Off-side truck winching.
(2)
Light duty.
(a)
Minimum of four-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)
Must have two wreckers with flatbed capability or have access
to same which is owned/leased by another tower on the approved rotation
list.
(f)
All ICC safety equipment must be carried.
(g)
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)
All operators of the towers' equipment providing services required
by this chapter shall be over the age of 18 and must have a valid,
current driver's license.
(3)
The towing company will not allow any employees with the following
convictions to provide towing services in the Township:
(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.
(4)
All employees must wear at a minimum ANSI-approved Class II reflective
garment while working on roadways.
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. During the rotation
the tower has exclusive rights to tow vehicles on behalf of the Township
of Mount Laurel; 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. 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 50 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 twenty-minute drive time
of police headquarters located at 100 Mount Laurel Road, Mount Laurel,
New Jersey 08054. 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-hour-a-day basis.
(4)
The storage area shall accept all types of vehicles and be able to
hold at least 50 vehicles.
(5)
The entire land area shall be enclosed by a fence of sturdy construction
of at least six feet in height 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 storage area shall be used for the storage of vehicles awaiting
a claimant or proper disposition. The land shall not be used for storage
of vehicles owned by the tower even if the tower purchases same at
an auction held on his premises. Vehicles purchased by the tower at
an auction held at the tower's storage facility must be removed
within the time frame specified on the advertisement.
(8)
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 Manager and the Township Manager
shall notify the tower in writing. If the violation is not corrected
within 48 hours of the receipt of said written notice, the Township
Manager, upon recommendation of the Chief of Police, shall terminate
the tower's services and remove said tower from the rotation
list. Adequate grounds for termination of services shall include but
are not limited to a violation of the terms of this chapter, 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 Manager, if necessary. Such complaints
may be cause for termination of the tower's services and removal
from the rotation list by the Township Manager.
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. 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, 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
30 days.
(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 Manager 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 Manager, 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 Manager.
(2)
In cases where the Township has been at fault in wrongfully directing
that a vehicle be towed, the tower may petition the Township Manager
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 Manager, 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.
J.
Monthly reports. The contractor shall submit monthly reports, on
or before the 10th of the month, to the Mount Laurel Township Police
Department of all vehicles towed the previous month, as well as vehicles
which are unclaimed from previous months. The report shall identify
each vehicle by make, model, year, license, VIN/serial number and
police incident/case number. In addition, the odometer reading is
needed on all vehicles left on lot over 30 days. The Motor Vehicle
Commission now requires the odometer reading when requesting a title
for a vehicle to be sold at auction. The contractor further agrees
to furnish the Township of Mount Laurel with such records, reports
and information of services rendered as the Township may reasonably
require. Failure to provide required reports by the 10th day of the
month will result in the contractor being suspended from the tow list
until the report is received.
K.
Township vehicles. Contractors will provide to the Township of Mount
Laurel or the owner/operator of a vehicle the following services at
no charge:
(1)
Towing of Township-owned vehicles. Light-duty towers will be called
for vehicles up to 2.5 tons, and heavy-duty towers will be called
for vehicles over 2.5 tons, provided that same is located within 10
miles of the Township boundary. The contractor will be selected in
rotation from the appropriate rotation list (Township Light Duty or
Township Heavy Duty) and will be utilized without losing his position
on the towing rotation list.
(2)
Towing and storage of vehicles under investigation by the Mount Laurel
Police Department, until such time the vehicle is no longer being
held for investigation and release is authorized by the Police Department.
(3)
Towing of vehicles for seizure. Light-duty towers will be called
for vehicles up to 2.5 tons, and heavy-duty towers will be called
for vehicles over 2.5 tons, provided that same is located within 10
miles of the Township boundary. The contractor will be selected in
rotation from the appropriate rotation list (Township Light Duty or
Township Heavy Duty) and will be utilized without losing his position
on the towing rotation list.
(4)
If the contractor is called out and responds, but performs no service.
(5)
Towing and storage of abandoned vehicles, which are disposed of at
auction by the Township of Mount Laurel pursuant to the state statute.
The contractor will be reimbursed for the cost of tow, provided that
sufficient proceeds are received upon sale of the vehicle.
(6)
Vehicles that have been determined by the Chief of Police to have
been towed in error. In those instances, the contractor will not lose
his position on the towing rotation list.
(7)
Clearing the roadway of vehicles and debris at the scene of an accident.
(8)
Mechanical inspection of vehicles involved in serious or fatal incidents.
(9)
Mechanical inspection of vehicles involved in incidents where mechanical
failure was reported.
L.
Rotational list. Approved tow operators shall operate on a per-call
rotational list. The Township does not guarantee a minimum or maximum
number of tow calls during a contract period. If a tow operator is
dispatched for a tow and does not acknowledge the call within five
minutes and respond to the scene within 20 minutes, the tow operator
shall be skipped with no compensation and the next tow operator on
the list shall be summoned.
[Added 2-11-2019 by Ord.
No. 2019-4]
(1)
Burlington County Central Communications ("Central") dispatches all
tow operators on a rotation list. The Township recognizes that a tow
company may be unavailable when needed by Mount Laurel. If a tow operator
cannot meet the requirements of the Township Ordinance and respond
to the scene within 20 minutes, it has an obligation to inform Central
immediately. The Township does not permit tow operator to assign the
work to another tow company. If the company cannot handle the call,
Central will immediately notify the next tow company on the rotational
list and Central will skip the originally called tow company in the
rotation. The importance of this process cannot be overstated to maximize
police officer safety while awaiting the tow operator's arrival.
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 20 minutes 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 24 hours 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 his choice.
(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 for
release between the hours 9:00 a.m. to 5:00 p.m., Monday through Fridays,
and 9:00 a.m. to 12:00 noon, Saturdays, except legal holidays. The
tower shall arrive at the scene of the accident within 20 minutes
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. The tower
will regain their position on the tow rotation.
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.
A.
The tower shall indemnify and hold harmless the Township of Mount
Laurel from any and all claims against the Township of Mount Laurel
arising out of the operation of any towing services or garage services
or storage services or repair services under this chapter. Liability
insurance shall include contractual liability of $1,000,000 combined
single limit.
B.
The tower shall carry workers' compensation insurance in accordance
with the requirements of New Jersey state law. The tower shall also
carry public liability and property damage, contingent liability insurance
to indemnify the Township of Mount Laurel and the public 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. Such policies shall contain the provision
that 30 days' notice of change or cancellation be given to the
Township by the insurance company. Public liability insurance limits
shall be at least $500,000 per accident and be specifically endorsed
to provide collision insurance for vehicles in tow. In addition, the
tower shall have coverage for contractual liability and also name
the Township as an additional insured. All insurance required hereunder
shall remain in full force and effect for the period of the appointment.
C.
Appropriate bodily injury liability insurance with $1,000,000 combined
single limit. Automobile bodily injury liability insurance with limits
of not less than $500,000 for each person and $1,000,000 for each
accident, and property damage liability insurance with a limit of
not less than $500,000 for each accident.
D.
Garage keeper's liability in an amount not less than $60,000
per location; garage liability in an amount not less than $1,000,000
combined single limit.
E.
Certificates of insurance showing that the tower and the Township
of Mount Laurel are named as additional insured, in conformance with
the above, shall be furnished to the Township Purchasing Agent, subject
to approval of the Township Solicitor, and filed with the Township
Clerk. The certificates of insurance shall be delivered to the Township
Purchasing Agent.
A.
Generally.
(1)
Towing and storage charges and fees shall be in accordance with N.J.S.A.
40:48-2.50 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 shall be as follows:
(1)
Flatbed and towing service pursuant to this chapter which will include
all towing/winching, labor and cleanup costs associated with removal
of the vehicle:
C.
Specialized equipment and services. In cases where the tow operator
must use specialized equipment or service, the following chart identifies
the permitted rates. The Chief of Police or his designee shall determine
the necessity for specialized equipment.
[Amended 2-11-2019 by Ord. No. 2019-4[2]]
|
Equipment
|
Rate
|
|---|---|
|
Rotator/crane recovery unit
|
$1,200 per hour
|
|
Tractor with Landoll trailer or detach trailer
|
$450 per hour
|
|
Tractor/transport hauler only
|
$250 per hour
|
|
Refrigerated trailer with tractor
|
$450 per hour
|
|
Box trailer with tractor
|
$400 per hour
|
|
Air cushion unit
|
$1,000 per hour
|
|
Light tower
|
$250 per hour
|
|
Pallet jack
|
$200 flat rate
|
|
Rollers
|
$200 flat rate
|
|
Any other specialized equipment
|
$250 per hour
|
|
Loader/backhoe/telescopic handler/bulldozer/bobcat
|
$300 per hour each
|
|
Forklift
|
$300 per hour
|
|
Dump truck/dump trailer with tractor
|
$350 per hour
|
|
Roll-off with container
|
$350 per hour plus disposal
|
|
Recovery supervisor vehicle
|
$150 per hour
|
|
Scene safety equipment, communication equipment, traffic management
equipment, etc.
|
$250 per hour each type used
|
|
Recovery support vehicle/trailer
Additional recovery equipment
|
$350 per hour
|
|
Accident minor cleanup and disposal of debris (one-hour minimum)
|
$75 per hour, plus absorbant materials used
|
|
Recovery supervisor and/or Level III recovery specialist
|
$225 per hour
|
|
Certified towing operator
|
$125 hour per man
|
|
Manual laborers
|
$100 per hour per man
|
|
Labor
|
|
AFTER THE FIRST HOUR, ALL HOURLY BILLABLE RATES WILL BE CHARGED
IN HALF-HOUR INCREMENTS.
|
[2]
Editor's Note: This ordinance also repealed former Subsection
D, Unloading of goods, which immediately followed.
