[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 8-15-1994 by Ord. No. 4-94 (Ch. 123 of the 1981
Code). Amendments noted where applicable.]
This chapter shall be known as the "Towing, Road Service and
Storage of Vehicles Ordinance of the Township of Allamuchy."
The purpose and intent of this chapter is to provide criteria
and standard operating procedures that are reasonable, nonexclusionary
and nondiscriminatory in the selection and use of towing operators
on a rotational basis for services, including but not limited to the
towing of vehicles that are abandoned, disabled, illegally parked
or stolen, vehicles involved in accidents and/or those vehicles suspected
or identified by the Township as being involved in criminal activities.
This chapter shall be applicable only to those vehicles in noncommercial
use.
As used in this chapter, the terms listed below shall be defined
as follows:
The removal and transportation of a vehicle from a highway,
street or other public or private road or parked area or from a storage
facility. This chapter and the definitions herein shall not include
the recovery of a vehicle from a position beyond the public right-of-way
or berm.
A vehicle which has been abandoned, impounded or rendered
inoperable as a result of mechanical failure, involvement in an accident
or criminal activity. A vehicle the location of which constitutes
a hazard to the motoring public shall be deemed "disabled" for the
purposes of this chapter.
The act of storing and confining a vehicle upon an order
of the State Police Department at either the towing operator's
storage area or at a Township facility as a result of abandonment,
involvement in an accident or suspected criminal activity.
A vehicle storage facility which is completely indoors, having
one or more openings.
A vehicle storage facility which is not completely indoors
and which is secured by a fence, wall or other man-made barrier which
is at least six feet in height and is protected with on-site security
or an alarm system. Outside storage facilities shall also maintain
adequate lighting to protect stored vehicles from vandalism and theft.
A vehicle storage facility which is not indoors and is not
secured by a fence, wall or other man-made barrier which is at least
six feet in height, as well as all other storage facilities not defined
above as inside a building or outside secured.
A person, firm, corporation or partnership who or which owns
and/or operates a vehicle on the roads and highways within the Township
of Allamuchy, which vehicle, by reason of being disabled or abandoned
on the roads and highways of the Township, requires towing and/or
storage.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. The new twenty-four-hour
period begins at 12:01 a.m.
A person, firm, corporation or partnership engaged in the
business of providing towing, road and storage services for vehicles.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying or removing any and all
kinds of vehicles or parts of vehicles which are unable to be operated
under their own power. Such towing vehicles or wreckers shall include
only those vehicles that are equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles or other vehicles.
The Allamuchy Township Clerk's office and/or the New Jersey
State Police are hereby designated to administer and enforce all provisions
of this chapter.
A.
The Mayor of Allamuchy Township or his designee shall approve all
applications for towing operators to be utilized on a rotational basis
for the purpose of providing emergency towing, road and storage services
to the owners of motor vehicles utilizing Township roads when the
Mayor determines that all requirements have been met by the applicant.
All persons desiring to provide towing services shall submit written
documentation that they are in compliance with the qualification requirements
set forth in this section on forms provided by the Township.
B.
No towing operator shall be eligible to serve on the rotational duty
service list unless that operator is so located as to be able to respond
to a call at any location within the Township within 20 minutes or
less, weather permitting.
C.
Submission of certificate of insurance. All towing operators shall
submit a certificate of insurance from an insurance company authorized
to do business in the State of New Jersey and acceptable to the Township
Attorney, which certificate shall name the Township as an additional
insured. This certificate shall provide evidence that the towing operator
carried the following insurance coverages and, where applicable, shall
be endorsed to provide collision coverage for vehicles on tow:
(1)
Comprehensive general liability insurance in minimum limits of $300,000/$300,000
for bodily injury and $300,000/$300,000 for property damage.
(2)
Automobile liability insurance in minimum limits of $500,000 per
accidental occurrence and in the aggregate for bodily injury and property
damage. This insurance must include adequate coverage to protect the
owners of private vehicles that are in the care, custody and control
of the towing operator. Said coverages must provide at least $10,000
in minimum coverage for any damages or losses arising out of theft
of vehicle contents or the vehicle itself or losses due to fire or
explosion.
(3)
Excess liability insurance (umbrella form) in a minimum amount of
$500,000/$500,000 for bodily injury and property damage combined.
(5)
Garage keeper's liability insurance in an amount not less than
$60,000 per location.
D.
The towing operators agree, to the fullest extent permitted by law,
that they shall defend, indemnify and hold harmless the Township and
State Police from and against any and all claims, suits, judgments
and demands whatsoever, including, without limitation, costs, litigation
expenses, counsel fees and liabilities with respect to injury to or
death of any person or persons whatsoever or damage to property of
any kind by whoever owned, arising out of or caused by or claimed
to have been caused in whole or in part by the negligent act or omissions
of the towing operators while in the performance of rendering any
services pursuant to the scope of this chapter.
E.
Any person, firm, corporation or partnership operating a towing and
storage business shall conform to a legally approved zoning and/or
site plan and shall comply fully with all of the zoning, land use
and property maintenance codes of the municipality within which he
or it is located. Failure to comply may subject any operator to suspension
from the rotational duty service list upon request of the Mayor from
the Township's Construction Code Official, Zoning Officer and/or
Property Maintenance Officer.
F.
Nothing herein shall preclude a towing operator from storing its
towing vehicles and equipment at another location outside the boundaries
of the Township.
G.
All towing operators shall have a primary storage facility established for the sole use of vehicle storage which can accommodate a minimum of five medium-sized vehicles. Such facility shall be located in Allamuchy Township and at such time may be a reasonable distance from the Township. The storage facilities shall be lighted, fenced and/or secured in order to guarantee the safe storage of all vehicles in accordance with the minimum requirements for indoor and outdoor secured and unsecured storage facilities as defined under § 280-4 above.
H.
In addition to other equipment which is necessary for the safe performance
of towing, emergency road and storage services, all towing operators
must own and have available at least one conventional tow truck and/or
one flatbed truck and/or one heavy-duty truck.
I.
All towing operators' trucks must be equipped with either a
two-way radio or mobile telephone communications equipment with their
principal place of business, including their garages and/or facilities,
to ensure the availability of services and equipment on behalf of
the Township, the New Jersey State Police and motorists.
J.
All towing operators' trucks shall be equipped with brooms,
shovels and any other street-sweeping equipment for the purpose of
clearing debris off the roadways. The towing operator shall, at the
time of removing any motor vehicle, in response to a state police
request, remove from the public or private roads or highways any motor
vehicle debris or material in the area surrounding the vehicle, except
for any debris or material which may be hazardous, such as oil, gasoline,
kerosene or other petroleum or chemical products. The cleanup of debris,
other than hazardous materials, shall be performed by the towing operator
without charge to the Township or the vehicle owner.
K.
The towing operator's wrecker(s) and all other vehicles shall
be properly licensed and registered with the New Jersey Division of
Motor Vehicles. All towing operator vehicles shall display New Jersey
commercial license plates.
L.
All towing operators shall have facilities and equipment that will
ensure and guarantee the furnishing of prompt and efficient services
for all standard passenger automobiles.
M.
The towing operator's company name, address and telephone number(s)
shall be prominently and permanently displayed on both sides of all
wreckers and other tow vehicles.
N.
Availability; response time.
(1)
All towing operators selected to serve on a rotational basis must
guarantee the availability of all services to the Mayor's office
and the New Jersey State Police seven days a week, 24 hours a day.
In this respect, a towing operator shall immediately respond to any
type of towing, emergency road service or storage call with the appropriate
vehicle and/or equipment within 20 minutes after receipt of telephone
notification from the office of the Mayor and/or State Police dispatcher,
weather conditions permitting.
(2)
Unless heavy or unusual traffic conditions or weather conditions
within the Township prevent a towing operator from arriving at the
scene, failure to respond within the time frame shall be considered
a violation of the provisions of this chapter, which shall give the
Township or the New Jersey State Police the right to call another
contractor.
(3)
In the event that a towing operator fails to respond within 20 minutes
from the time of the call, the office of the Mayor or the State Police
shall have the right to contact the next available tow operator on
the rotational list, and the operator who fails to respond in a timely
manner shall not be entitled to payment for services.
O.
In times of emergencies or natural disasters, the Township reserves
the right to contact another towing service operator who may not be
on the rotational list.
P.
The owner of a vehicle involved in an accident shall have the right,
if so desired, to designate a towing operator of his or her choice,
provided that the person's vehicle shall be out of the road right-of-way
and is not deemed a hazard to persons or property, nor will such location
create an emergency situation affecting the health or peace.
Q.
Employees of the towing operator, in responding to a call, shall
request and be afforded police assistance during the course of providing
towing, emergency road service or removal of abandoned or accident
vehicles when such employee finds it necessary to turn around, back
up, tow in the opposite direction of traffic or cross the median.
R.
A towing operator shall not permit a vehicle to be removed from the
site of a vehicular accident, the scene of a crime or any other instances
or situations without the prior approval and permission of a police
officer.
S.
All towing operators shall at all times maintain in good standing
all licenses and registrations required by the Division of Motor Vehicles
and shall be required to render to the State Police with endorsements
of the same.
T.
All storage facilities shall be available 24 hours a day, 365 days
per year and open to the public on weekdays during normal business
hours and limited hours on Saturdays and Sundays. No extra charge
shall be assessed for releasing vehicles after normal business hours.
In the event that the storage facility is not open on Sundays, the
owner of the vehicle shall not be required to pay a storage fee charge
for that day.
U.
The towing operator's right to perform services as part of the
rotational duty service list shall be nontransferable.
V.
All towing operators shall comply with all state and federal laws
and regulations concerning wages, hours, terms of employment and nondiscrimination.
W.
All towing operators shall maintain records as to all vehicles towed,
stored and released and of all services rendered. These records shall
be kept by the operator in one central area and retained for a minimum
of two years.
X.
At all storage areas, a separate storage space shall be maintained
for the exclusive use of the office of the Mayor or the State Police.
This space shall be clearly marked and adequately segregated from
the other portions of the storage area. All vehicles involved in suspected
crimes shall be held in this separate storage space. Under no circumstances
shall a towing operator or its employee tamper with a vehicle involved
in suspected crimes, except to the extent that said tampering is necessary
to move that vehicle to storage.
Y.
Miscellaneous. In addition to the foregoing, the Office of the Mayor
shall consider the following in ruling on applications:
A.
The fees established by resolution of the Mayor and Council for towing
and storage rates are the maximum permitted charges that shall apply
to the towing and/or storage of passenger automobiles and other vehicles.
Tow operators transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
B.
It shall be the responsibility of all towing operators to provide
all motorists utilizing the towing operator's services with a
written schedule of fees which lists in full all fees to be charged
for towing, storage and road service within the Township. Towing operators
shall not exceed the maximum charges set forth on the fee schedule
established by the Mayor and Council from time to time for towing
and storage of vehicles regulated under the provisions of this chapter.
C.
The towing and storage fee schedules of all towing operators serving
the Township on a rotational basis shall be filed with the Township
Clerk and shall be made available to any citizen during normal business
hours upon request.
D.
In addition, the Township Clerk shall be informed in writing at least
10 business days prior to the amendment of any towing operator's
towing and storage fee charges. Under no circumstances shall any amendments
exceed the maximum amounts for towing and storage as described below.
E.
In no instance shall the towing operator request payment from the
Township for any services rendered to the owners of private vehicles,
except for those instances where the office of the Mayor authorizes
the removal of a Township-owned vehicle.
F.
Under no circumstances shall a towing operator remove any vehicle
or trailer from a road located within the Township of Allamuchy if
it is suspected that said vehicle or trailer contains hazardous waste,
unless that operator first receives the permission of the Mayor and
the Warren County Hazardous Waste Materials Coordinator as to the
removal of that vehicle or trailer. Failure to comply with the provisions
of this subsection shall constitute a violation of this chapter and
shall result in the forfeiture by the towing operator of any moneys
due the operator for the removing of such vehicle or trailer.
G.
Towing and storage fee schedules. The Mayor and Council shall from
time to time by resolution establish the maximum fees to be charged
by towing operators for services rendered. It shall be unlawful for
any towing operator to charge a fee in excess of the fees prescribed
by the Mayor and Council pursuant to this chapter for the services
regulated herein.
(1)
Road repair services. The fees to be charged shall be exclusive of
any other repair service costs provided by the towing operator, including
but not limited to such activities as repairing flat tires or installing
new or spare parts on a disabled vehicle. The towing operator shall
be permitted to charge an additional fee based on the towing operator's
prevailing hourly labor rates and charges for parts or materials.
Wherever applicable, it shall be the responsibility of the towing
operator to first inform the owner of the vehicle as to the hourly
labor rates and the estimated total cost for parts or materials prior
to the performance of the road repair.
(2)
Disclosure of fees. Fees shall be disclosed through the use of a
notice on the front or top page of all invoices or receipts. In addition,
all charges shall be posted at any storage area.
Following the approval of applications by the Mayor, the Mayor
shall establish a towing operators' rotational duty service list.
The office of the Mayor or his designee or the State Police shall
call the towing operators in sequential order as set forth by the
Mayor so that each towing operator will be given the opportunity to
respond to individual calls as received by the Township.
A.
The office of the Mayor is hereby authorized to establish reasonable
rules and regulations for the supervision, inspection and safe operation
of tow trucks, wreckers and other related vehicles and equipment in
accordance with the standards outlined in this section.
B.
The Mayor shall maintain due vigilance over all towing operators
to make certain that the tow trucks and other related vehicles and
equipment are maintained in a safe working condition for transporting
and hauling disabled vehicles. All such vehicles and equipment shall
submit to the inspection of such vehicles and equipment by the New
Jersey State Police pursuant to State of New Jersey regulations. In
addition, the Mayor or his duly designated representative shall have
the right at all times to inspect all towing vehicles and related
equipment which perform services pursuant to this chapter. At any
time, should the Mayor or his designee determine that the vehicles
or equipment being used have failed New Jersey State Police inspection
or are unsafe, the Mayor shall have the power and authority to direct
the immediate correction or repair of any automotive defect, malfunction
or violation of motor vehicle regulations within a specified period
of time to be determined by the Mayor. Failure to make required repairs
or to correct defects shall be grounds for suspension of the operator
and the right to be included in the Township's rotational list.
C.
The Mayor is authorized and empowered to establish and transmit from
time to time to all towing operators on the rotational list such additional
rules and regulations not inconsistent with the provisions of this
chapter as may be reasonable and necessary in carrying out the provisions
of this chapter.
A.
The Mayor shall have the power to suspend a towing operator from
the rotational duty service list for a period of up to 30 calendar
days for failure to comply with any section of this chapter. A subsequent
violation may result in the permanent removal of a towing operator
from the rotational duty service list for a twelve-month period. The
towing operator shall be notified in writing of any such suspension
or revocation. A towing operator may appeal the Mayor's ruling
of either a suspension or a permanent removal to the Township Council.
In such cases, an appeal may be filed with the Township Clerk within
10 days of the Mayor's decision. The Council shall render its
decision within 20 business days following the conclusion of the hearing.
The governing body's determination as rendered shall be final
and conclusive under this chapter.
B.
In addition, failure to comply with the zoning, land use or property maintenance codes of the municipality within which the towing operator is located may subject any operator to suspension from the rotational duty service list upon request of the Mayor from the Township's Construction Code Official, Zoning Officer or Property Maintenance Officer. Any towing operator suspended from the rotational duty service list for any violation of a municipal zoning, land use and development or property maintenance code shall have the right to due process and appeal as set forth in Subsection A above.
Any person, firm or corporation willfully violating any of the provisions of this chapter shall be suspended from the rotational list and shall be liable to the general penalty in Chapter 1, Article II, General Penalty, of the Township Code. Each and every violation of this chapter or each and every day that any violation shall be permitted to continue shall be construed as a separate and distinct offense.
