N.J.S.A. 40:48-2.49, as amended by Chapter 95, P.L. 2000, permits
and encourages a municipality to regulate by ordinance the removal
of motor vehicles from private or public areas by operators engaged
in such practice, including, but not limited to, the fees charged
for such removal, the fees charged for storage following removal in
accordance with § 3 of P.L. 1987, C.127 (N.J.S.A. 40: 48-2.50),
notice requirements, and the mercantile licensing of such operators
in accordance with the Predatory Towing Prevention Act (N.J.S.A. 56:13-7,
et seq.), which ordinance shall set forth nondiscriminatory and nonexclusionary
regulations governing operators engaged in the business of removing
and storing motor vehicles, including, but not limited to:
A. A schedule of fees or other charges which an operator may charge
vehicle owners for towing services, storage services or both;
B. Minimum standards of operator performance, including but not limited
to standards concerning the adequacy of equipment and facilities,
availability and response time, and the security of vehicles towed
or stored;
C. The designation of a municipal officer and/or agency to enforce the
provisions of the ordinance; and
D. That such regulations and fee schedules of individual towing operators
shall be made available to the public during normal business hours
of the municipality.
The following words and terms used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise:
ABANDONED VEHICLE
Any vehicle that is abandoned on or along any highway, other
than a limited-access highway, or other public property or on any
private property without the consent of the owner or other person
in charge of the property. A vehicle which has remained on or along
any highway or other public property or on any private property without
such consent for a period of more than 48 hours or for any period
without current license plates shall be presumed to be an abandoned
motor vehicle.
CLEAN-UP AND REMOVAL COSTS
All costs incurred by the Township, its agents or the towing
operator in the removal or attempted removal of hazardous substances
and disposal thereof, or costs for the taking of reasonable measures
to prevent or mitigate damage, whether actual or threatened to the
public health, safety or welfare.
CODE OFFICIAL
An individual who is duly appointed by the Township Committee
responsible for enforcing codes in the Township of Harrison. It shall
be the duty of the Code Enforcement Officer to carry out the provisions
of the ordinances listed in the Code of the Township of Harrison.
DISCHARGE
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping of hazardous substances into the water, lands or air of
the State of New Jersey.
DISPATCH FACILITY
A place established to transmit requests for towing services.
(i.e., Gloucester County Dispatch Communications Center or Harrison
Township Police Department).
HAZARDOUS SUBSTANCES
The list of hazardous substances adopted by the federal Environmental
Protection Agency (EPA) pursuant to § 101 of the "Comprehensive
Environmental Response, Compensation and Liability Act of 1980," P.L.
96-510 (42 U.S.C. Chapter 9601 et seq.), and amendments thereto, and
those substances listed by the NJDEP as environmental hazardous substances
pursuant to N.J.S.A. 34:5A-4, and amendments thereto.
HEAVY DUTY TOW
A tow truck with dual rear wheels, capable of towing large
trucks, and which truck shall meet the following minimum requirements:
G.V.W.R. 33,000 pounds.
[Amended 2-4-2013 by Ord. No. 4-2013]
INSIDE BUILDINGS
Any portion of a towing facility that is completely indoors,
having one or more openings in the walls for storage and removal of
vehicles and is secured by a locking device on each opening.
JUNKYARD
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale
or abandonment of scrap metal or other scrap or discarded goods, materials,
machinery, or two or more unregistered/uninspected, inoperable vehicles
or other type of junk. For purposes of this chapter, an auto-repair
facility or a towing facility shall not be considered a junkyard.
LICENSE TERM
The period of 24 months from March 1 to February 28.
LIGHT DUTY TOW
A tow truck or flatbed truck with dual rear wheels, capable
of towing automobiles and small trucks, and which truck shall meet
the following minimum requirements: G.V.W.R. 10,001 pounds.
[Added 2-4-2013 by Ord. No. 4-2013]
MEDIUM DUTY TOW
A tow truck or flatbed truck with dual rear wheels, capable
of towing automobiles and medium-size trucks, and which truck shall
meet the following minimum requirements: G.V.W.R. 16,001 pounds.
[Added 2-4-2013 by Ord. No. 4-2013]
MOTOR VEHICLE
All vehicles propelled otherwise than by muscular power,
as defined in N.J.S.A. 39:1-1, excepting such vehicles as run only
upon rails or tracks.
MOTOR VEHICLE ACCIDENT
An occurrence in which a motor vehicle comes in contact with
any other object, including pedestrians, for which the motor vehicle
must be towed or removed from the scene thereof.
NIGHT HOURS
At the closing time of normal business hours anytime between
5:00 p.m. and 8:00 a.m., Monday through Friday, including weekends
and holidays.
OUTSIDE SECURED
Any portion of a towing facility that is not indoors and
is secured by a fence, wall or other manmade barrier that is a minimum
of six feet high and is installed with a passive alarm system (e.g.,
bell ringer located in the gate area to the enclosed facility) or
a similar on-site security measure.
PETROLEUM OR PETROLEUM PRODUCTS
Oil or petroleum of any kind and in any form, including but
not limited to oil petroleum, gasoline, kerosene, fuel oil, oil sludge,
oil refuse, and oil mixed with other wastes.
POLICE HOLD VEHICLES
Motor vehicles which are alleged to have been involved in
illegal activity, involved in a fatal motor vehicle collision, or
any vehicles so designated by a Harrison Township Police Officer.
PUBLIC GARAGE
Any building, structure, or property designed and used for
equipping, adjusting, greasing, washing, polishing, servicing, or
storing of motor vehicles, other than at a junkyard, operated for
profit and for service to the public. For purposes of this chapter,
a public garage means any general repair garage, specialized repair
garage, car wash, auto repair facility, or towing facility.
RESPONSE TIME
Not more than 10 minutes from the time of the initial request
by the Gloucester County Dispatch Communications Center or the Harrison
Township Police to the tow vehicle's arrival at the site of the
incident requiring tow services, all traffic regulations observed.
[Amended 2-4-2013 by Ord. No. 4-2013]
STORAGE AREA
The portion(s) of the towing facility's property utilized
for the storing of motor vehicles. The storage area, whether indoor
or outdoor, shall be secure (enclosed via fence or walls) and accessible
24 hours per day by the Harrison Township Police Department. If the
storage area is outdoors, it shall be fully enclosed by a fence with
a minimum height of six feet, and shall be lighted from dusk to dawn.
TOWING SERVICE
The removal and transportation of a motor vehicle from a
highway, street, other public or private road, parking area, storage
facility and from other off-road locations such as fields, lakes,
rivers and streams. This includes other services such as roadside
assistance.
TOW VEHICLE
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by the vehicle manufacturer for the transport of motor vehicles.
Prospective tow list operators must have a duly licensed towing
facility or auto repair facility meeting the requirements set forth
in this chapter.
Upon the receipt and review of a completed application, and
upon the filing by the Chief of Police and Township Clerk of a written
report of findings resulting from the investigation of the applicant
and a recommendation of approval, the application shall thereupon
be referred to the Township Committee of the Township of Harrison
for consideration. If the Township Committee has determined to approve
the granting of such license, it shall do so by resolution.
All licenses issued under this chapter shall be effective for
a period of two years. The license shall begin on the first day of
March and end on February 28. All licenses shall expire automatically;
applications for renewal thereof shall be submitted not less than
six weeks prior to date of expiration.
[Amended 2-4-2013 by Ord. No. 4-2013]
A. All towing operators shall provide a towing facility of sufficient
exterior storage size to accommodate not less than 10 passenger vehicles,
and not less than 400 square feet of inside secured storage facilities
to hold and protect any vehicle or equipment utilized for evidentiary,
crime scene and/or other "police hold" purposes.
B. The towing facility shall be staffed (by an employee or owner at
the facility) during normal business hours of 8:00 a.m. to 6:00 p.m.,
Monday through Friday, and include twenty-four hour telephone service,
seven days per week, during the week in which the licensed facility
is on call.
[Amended 2-19-2019 by Ord. No. 1-2019]
C. At no time shall any automobile towed by a towing operator be stored
at any location other than the tow operator's facility, except
where a vehicle is towed at the request of the owner to a specific
location.
D. The towing facility's office shall be a permanent structure
(not a construction-type trailer) which is ADA accessible and compliant.
E. The towing facility shall have a sign visible from the street identifying
the business name of the tow operator.
F. The towing facility shall not be co-owned or co-leased by another
person or entity that provides towing services to the Township of
Harrison.
G. The towing operator shall provide not less than two light-duty, one
medium-duty and one heavy-duty tow vehicles capable of handling the
transporting of motor vehicles as defined in this chapter, and equipped
to provide regular towing service as follows: up to 9,000 pounds gross
vehicular weight is considered light towing service; 9,000 pounds
gross vehicular weight and heavier is considered medium and/or heavy
towing service; carry weight shall not be less than 4,000 pounds or
less than that needed to carry the transported vehicle safely.
[Amended 2-19-2019 by Ord. No.
1-2019]
H. Each tow vehicle or flatbed vehicle shall be equipped with towing
and safety equipment, warning devices such as lights, flares and flags
to warn other automobile operators of the presence of a disabled automobile,
and mechanic's tools to perform complete emergency work, including
but not limited to the following:
(1) All tow operators shall be required to wear a reflective jacket or
vest when towing vehicles on the roadway and at all times shall exercise
extreme caution and due safety.
(2) At least one amber rotating beacon or strobe light mounted on the
highest practical location of the vehicle, which when in use shall
be visible from 360° at a distance of not less than 500 feet during
daylight hours.
(3) One snatch block per winch.
(4) Safety tow lights or magnetic tow lights for towing vehicles at night.
Safety tow lights, red in color, shall be mounted in the rear of the
vehicle being towed.
(5) Ample chains and cables for pulling or securing a towed vehicle.
The working limit of cable shall be noted to include a minimum pulling
capacity of 2,500 pounds, three-eighths-inch cable.
(6) At least one broom, shovel, crowbar or prybar, jumper cables, flashlight,
fire extinguisher or dry chemical type having capacity of not less
than two pounds, one dozen flares or similar warning devices for placement
at the scene of an accident or behind a disabled vehicle, not less
than 10 pounds of dry sand or a drying compound for gasoline and oil
spilled onto the roadway, and tools sufficient to enable the tow vehicle
operator to perform proper and adequate emergency repair services
for the tow.
(7) Back-up alarms on all tow trucks.
I. All tow trucks must be in compliance with all safety equipment requirements
as set forth in N.J.S.A. 39:3-1 et seq. and 49 CFR 393.
J. Each tow vehicle shall display the two stickers issued by the Department
of Licenses and Inspections, State of New Jersey Motor Vehicle Commission,
on the upper left and right side of the driver's door and passenger's
door panel and shall have the name and number of the licensed tow
operator displayed on the vehicle in such manner and of such lettering
as to conform to the provisions of N.J.S.A. 39:4-46.
K. Towing operators and their employees shall provide all services required
by this chapter at all times and shall be subject to the following
requirements:
(1) Possess sufficient knowledge, skill and ability to provide minimum
road services for disabled vehicles and to adequately remove a vehicle
from an accident scene without causing additional damage to the vehicle.
(2) Not be mentally or physically impaired.
(3) Obey all traffic laws, statutes, regulations and ordinances promulgated
by the State of New Jersey and the Township of Harrison.
(4) Be subject to inspection by the Chief of Police or a designee and
be approved by the Chief of Police prior to rendering any services
pursuant to this chapter.
(5) Be a member of and currently certified by the Towing Recovery Association
of America (TRAA), WreckMaster, or similar national towing association.
L. The tow vehicles provided by the towing operator shall be of such
type and design to properly and safely perform all towing services
required by this chapter and shall at all times comply with New Jersey
statutes and regulations and be subject to inspection by the Chief
of Police or designee.
M. All drivers of tow vehicles shall possess at all times a valid New
Jersey driver's license and a commercial driver's license
where applicable, which shall be subject to inspection by the Chief
of Police.
N. The two vehicles provided by the towing operator shall be geographically
located so as to permit a response time within 10 minutes.
O. The towing fees and storage fees established by the towing operator
shall be conspicuously posted at the towing facility owned or operated
by the towing operator, which fees shall not exceed the fees set forth
in this chapter.
P. At all times the towing operator shall maintain the towing facility
in a clean and orderly fashion. Reasonable measures shall be taken
by the towing operator to prevent vandalism, theft or damage to automobiles
stored therein.
Q. In the event that automobiles which are towed and stored by the towing
operator are abandoned or unclaimed by the owners thereof, the towing
operator shall make no claim against the Township, its agents or employees.
Only those vehicles towed from private property or public right-of-way
under authorization of either the Code Enforcement Official or the
Police Department, not including accident vehicles, shall be disposed
of by the Township pursuant to N.J.S.A. 39:10A-1 or other appropriate
state statutes or state regulations.
R. The towing operator operating pursuant to this chapter is an independent
contractor and in no sense an agent, servant or employee of the Township.
Said operator shall at all times maintain direct supervision, management
and control over all of its employees and personnel engaged in the
operation or services performed pursuant to this chapter.
S. The Township shall not be responsible for the acts of the towing
operator in performing the services contemplated by this chapter.
The towing operator agrees to save and hold harmless the Township
from all manner of liability as a result of its actions or omission,
whether of a negligent or intentional nature.
T. Towing operators approved for tow list eligibility shall be required
to fulfill tow requests of the Code Official and/or the Police Department
of the Township of Harrison. Failure or refusal to remove a vehicle
pursuant to directive of the Township of Harrison shall be cause for
removal from the approved tow list.
U. The tow operator shall be responsible for ensuring the proper, safe
and secure storage of all vehicles towed. The tow operator shall be
liable for any and all damage incurred by such vehicles while in transit
to or while stored in or at the facilities of the operator.
V. All tow vehicles shall be owned or leased by the entity that is awarded
a tow license by the Township of Harrison.
All prior ordinances or parts of ordinances inconsistent with
this chapter are hereby repealed to the extent of such inconsistencies.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.