[HISTORY: Adopted by the Township Committee
of the Township of Harrison 2-17-1998 by Ord. No. 3-1998; amended in its entirety 2-7-2011 by Ord. No.
02-2011. Subsequent amendments noted where applicable.]
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:
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.
Any public garage where motor vehicles are painted, serviced
and/or repaired.
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.
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.
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.
A place established to transmit requests for towing services.
(i.e., Gloucester County Dispatch Communications Center or Harrison
Township Police Department).
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.
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]
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.
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.
The State of New Jersey Licenses and Inspections Agency.
The period of 24 months from March 1 to February 28.
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]
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]
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.
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.
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.
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.
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.
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.
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.
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]
The maximum allowable amount charged by a towing facility
for the storage of motor vehicles for any twenty-four-hour period
or fraction thereof.
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.
Any public garage that offers towing services.
Any entity that operates a towing business or tow vehicle.
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.
The Township of Harrison.
The Township Clerk of the Township of Harrison.
The Township Committee Members of the Township of Harrison.
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.
The tow operator's principal place of business where
the tow vehicle is stationed when not in use.
Prospective tow list operators must have a duly licensed towing
facility or auto repair facility meeting the requirements set forth
in this chapter.
A.
License application data required: An application for license shall
be in writing, upon a license application form furnished by the Township
of Harrison, signed by the applicant. Said application shall contain
the following information:
(1)
The name, business address, business name and telephone number of
the towing operator.
(2)
The location(s) of the towing operator's towing and storage
area(s).
(3)
The name of the towing operator's insurance company and insurance policy number. A current and valid certificate of insurance must be provided at the time of application submission as required under the terms and conditions stated in § 204-6 herein.
(4)
A list of the type (manufacturer and year), condition, and design
of tow vehicle(s) and equipment available for service.
(5)
Communication availability, including radio communications, and the
location and availability of the dispatch center.
(6)
The name, address and driver's license number of each driver
or operator of the tow vehicle(s).
(7)
Proof that each vehicle to be licensed is duly registered and inspected
by the State of New Jersey Division of Motor Vehicles as a tow vehicle.
(8)
The application shall be accompanied by the following supporting
documentation:
(a)
Zoning certification (issued by the Municipal Zoning Officer/Construction
Official of the municipality where the towing facility is located)
and the fire subcode certification (issued by the Fire Subcode Official
of the municipality where the towing facility is located).
(b)
Deed evidencing ownership or lease agreement for the towing
and storage facility.
(c)
A site plan depicting the location of the storage area(s), the
number of vehicles that can be stored and the total square footage
of the area.
(d)
Roster of tow vehicles including the registration and VINs.
B.
If a corporation submits the application, the application shall be
signed in the name of the corporation by the President and attested
by the Secretary.
C.
Said application shall be duly verified by the applicant before a
notary public or some other person duly authorized to administer oaths.
D.
Each such application shall be accompanied by the full amount of
the license fee in the amount of $25. If the application is not accepted
by the Township Committee, the fee shall be returned to the applicant.
E.
No license shall be issued to a towing operator unless the applicant's towing facility is located within a zoning district where such use is permitted in accordance with the Township of Harrison Zoning Ordinance (Chapter 225) (or the Zone Code for the municipality where the towing facility is located) or unless a use variance has been obtained therefor, and any and all Planning Board or Zoning Board approvals and/or permits have been obtained therefor, or unless sufficient proofs are provided by the applicant that said facility was operated at its present location prior to adoption of the applicable Zoning Code, and is considered "grandfathered."
F.
The tow vehicle(s) shall comply with any and all state, federal and
local laws, regulations and ordinances, pertaining to safety, lighting
and towing equipment and shall be subject to inspection by the Chief
of Police or a designee at any time.
G.
An application shall not be deemed complete unless accompanied by:
(1)
Written verification from the Harrison Township Clerk verifying that
the towing operator has:
(a)
Provided proof of a current and valid driver's license
for each driver or operator;
(b)
Obtained a letter of compliance from the Code Official for the
facilities of the tow operator's base of service, dispatch and/or
storage area that such facilities are not in violation of applicable
land use ordinances. This also applies to any tow facility not located
within the Township of Harrison;
(c)
Obtained a letter of compliance from the Code Official or such
other official as applicable representing the municipality having
jurisdiction over the property of the tow operator that such property
is not in violation of applicable property maintenance and health
codes. This compliance letter shall include the dispatch facility
and storage facility area if not one and the same;
(d)
Provided a certificate of insurance compliant with the requirements set forth in § 204-6 herein;
(e)
Provided proof of registration with the New Jersey Division
of Consumer Affairs; and
(g)
Provided its Federal Tax Identification Number ("EIN");
[Added 2-4-2013 by Ord. No. 4-2013]
(h)
Submitted the license fee.
H.
The Township of Harrison shall have the right to verify the accuracy
of the information supplied in the application by interviewing, investigating
and inspecting all personnel, vehicles, equipment and storage areas
proposed for utilization by the applicant, and to determine compliance
with all applicable laws, regulations, and standards of performance
required by this chapter.
I.
The Chief of Police of the Township, or a designee, upon receipt
of a completed application, shall conduct a background investigation
on the proposed towing operator and each driver. This investigation
shall include an inspection of the towing facility, the tow vehicle(s)
and the towing operation, and inquiry into all relevant matters, to
determine if the towing operator meets the requirements of all applicable
laws, regulations, standards of performance and security of vehicles
towed or stored as mandated by N.J.S.A. 40:48-2.49(b). Every towing
operator on the Harrison Township tow list shall be responsible for
all fees and costs associated to perform criminal and driver license
background checks for each of their employees.
J.
The Police Department or the Township Clerk may request and obtain
additional information from the Department of Weights and Measures
and Consumer Protection of the applicable county and from any other
appropriate sources.
K.
The towing operator shall at no time transfer or assign a license
or any part thereof, for any purpose whatsoever.
L.
No individual shall operate a tow vehicle unless the State of New
Jersey duly licenses that individual. Any change in licensure of vehicle
operators during the period of the license must be reported to the
Police Department within 15 days of such change. Failure to do so
shall be basis for revocation of license.
M.
All tow operators' drivers licenses shall be checked yearly
in order to confirm their validity.
N.
The towing facility must be established at its current location for
a minimum of three years.
O.
No more than one roster slot on the Township of Harrison certified
tow list shall be granted to an applicant. No towing operator shall
have an interest, direct or indirect, in any other towing operator
on the Township of Harrison towing list.
A.
Upon completion of the aforesaid investigation, the Chief of Police and Township Clerk shall file a written report as to the findings and compliance with § 204-4 herein, and issue a recommendation of approval or disapproval with the Township Committee.
B.
If the Chief of Police or Township Clerk recommends that the towing
operator not be approved, a written report shall be filed with the
Township Committee specifying the findings and the reasons for the
recommendation of rejection. The Township will furnish a copy of the
report to the towing operator by certified mail.
C.
Any towing operator who is denied a license based upon the findings
and recommendations of the Chief of Police or Township Clerk may,
after receipt of notification, file an appeal within 10 days with
the Township Committee. The Township Clerk shall then schedule a hearing
before the Township Committee.
A.
In order to be included on the Township of Harrison Police Department's
tow list, a towing operator shall submit a certificate of insurance
to the Harrison Township Police Department and Township Clerk each
year on or before February 28 evidencing that its towing facility
and towing vehicles are insured by a reputable insurance company licensed
to do business in the State of New Jersey with a standard general
liability insurance policy designed to cover garage operations. Said
insurance policy shall provide for minimum monetary limits for any
single occurrence as follows:
(1)
Automobile liability in an amount not less than $1,000,000 for light-,
medium- and/or heavy-duty trucks.
(2)
Workers' compensation as required by statute.
(3)
Garage keepers' legal liability in an amount not less than $100,000
per location.
(4)
Garage liability, including cargo insurance for heavy-duty tow, in
the amount of not less than $250,000 combined single limit. Cargo
insurance for light-duty tows to meet the New Jersey minimum insurance
requirements.
(5)
A certificate of insurance naming the Township of Harrison as additional
insured for a one-year term with a thirty-day notice of cancellation.
(6)
The policies required in this section shall be subject to review
by the TRICOJIF or current insurance carrier for the Township of Harrison
and may be subject to change without the necessity of modifying this
chapter.
B.
The insurance company must be an approved carrier licensed to do
business in the State of New Jersey. The aforesaid insurance policy
shall also be written as to include coverage for the property owned
by others which is in the care, custody or control of the licensed
towing operator, including the perils of transportation for any motor
vehicle in the possession or control of the towing operator. The garage
keepers' legal liability shall include comprehensive and collision
coverage. Said insurance policy shall provide that the insurance company
will pay on behalf of the Township for any and all claims against
the Township resulting from the operations of the towing operator
including any and all attorney fees.
C.
The insurance coverage shall provide that the insurance policy may
not be canceled or materially changed without 30 days' prior
written notice to the Harrison Township Clerk.
D.
The towing operator shall agree in writing 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 and nature whatsoever resulting from, caused by, arising
out of or as a consequence of the provision of towing, storage and/or
emergency services provided by the towing operator pursuant to this
chapter. Tow operators shall enter into a hold-harmless agreement
in a form to be approved by the Township Solicitor prior to being
included on the towing list.
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.
A.
All towing operators, in order to provide services in nonpreference
motor vehicle accidents or for the removal of motor vehicles from
private or public property, as may be authorized by the Police Department,
must be licensed by the Township of Harrison in accordance with this
chapter. Towing operators must meet the ten-minute response time to
be eligible for inclusion on the Township of Harrison Police Department
tow list, and be principally located within a five-mile radius of
the borders of Harrison Township.
[Amended 2-4-2013 by Ord. No. 4-2013]
B.
The list of licensed towing operators shall be maintained by the Police Department and shall be utilized on a rotation basis. The rotation shall be on a monthly basis, unless otherwise specified by the Police Department or in the event of emergency conditions. The towing and storage services shall be rotated among operators on an equal basis, by the month. There will be a maximum number of two licenses issued. Replacement of tow operators on the current list may only occur when there is a vacancy, provided that the replacement tow operators meet all the requirements set forth in § 204-4 of this chapter.
[Amended 2-4-2013 by Ord. No. 4-2013]
C.
The Police Department shall at all times have the right to call more
than one operator from the tow list and in the correct rotation order
when there is more than one vehicle impairing traffic.
D.
In times of emergencies and/or natural disasters, the Township of
Harrison reserves the right to contact other towing service operators
who may not be on the tow list.
E.
Licensed tow operators shall be subject to the minimum standards
of the performance rules and regulations of the Harrison Township
Police Department, including safety, availability, and compliance
with the procedures established by this chapter.
F.
If the Chief of Police determines at any time that a towing operator
is unable or unwilling to fulfill the requirements of this chapter
or the statutes and regulations of the State of New Jersey, the Chief
of Police shall file a written report with the Township Clerk. The
Township Clerk shall then notify the towing operator that the Chief
of Police has recommended its removal from the Police Department towing
list. The tow operator has 10 days to file a written appeal if in
disagreement with recommendation of removal by the Chief of Police.
The Township Clerk shall then schedule a hearing before Township Committee.
After the hearing, upon the recommendation of the Township Committee,
the Township Clerk may then remove the towing operator from the Police
Department towing list if it is determined that the performance of
the towing operator is unreliable and/or inadequate.
G.
The tow operator shall cease towing of vehicles on behalf of the
Township of Harrison upon notification by the Township Clerk that
the tow operator is to be removed from the list, as recommended by
the Township Committee. During this interim period between notification
and the decision of the Township Committee, the tow operator shall
be suspended from list eligibility.
A.
Licensed towing operators agree to provide the following services
on a twenty-four-hour basis:
(1)
Removal and transport of motor vehicles involved in a motor vehicle
accident where the owner or operator of the motor vehicle, when appropriate,
has not made a preference for the towing of the vehicle.
(2)
Removal and transport of a motor vehicle from private or public property
as may be authorized by the Police Department or Code Enforcement
Official of the Township of Harrison.
(3)
Removal and disposal from the Township or private property motor
vehicles which, pursuant to state law and regulations, would be subject
to the jurisdiction of the Harrison Township Police Department. Such
vehicles shall be moved to such location as specified by the Harrison
Township Police Department.
(4)
The storage of a motor vehicle removed and transported from the scene
of a motor vehicle accident.
B.
A towing operator responding to a tow shall be responsible for all
site clean-up related to a motor vehicle accident, including the pickup
and removal of all debris from the scene of the accident and containment
of any hazardous fluids from the vehicle prior to tow, in accordance
with the laws of the State of New Jersey, and all services as defined
by state regulations and this chapter.
(1)
It is understood that the responsibility of the tow operator as established
above in no way relieves the vehicle owner of their responsibility
for the clean-up and removal of any debris or spilled fluids coming
from their vehicle.
C.
The towing operator shall ensure the proper utilization and deployment
of safety devices.
D.
If a licensed towing operator is unable to handle a particular situation
for whatever reason, the Township shall have the right to use whatever
means necessary to accomplish the removal, transporting and storage
of motor vehicles.
E.
No towing operator shall employ or subcontract any work to be performed
pursuant to this chapter without having first obtained prior written
approval from the Township of Harrison Police Department. Subcontractors
must be licensed by the Township of Harrison, and on the current tow
list. Any towing operator to whom approval to subcontract work has
been given shall be responsible for the services performed by and
the acts and omissions of the subcontractor, and shall remain liable
for any violation of this chapter by the subcontractor.
[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.
A.
Every tow operator on the Police Department tow list shall maintain
an inside building and outside secured storage area meeting the following
requirements:
(1)
The outside secured storage area shall be capable of storing not
less than 10 passenger vehicles and five tractor trailers (minimum
48 feet in length). The inside secured storage area shall have not
less than 400 square feet to hold and protect any vehicle or equipment
utilized for evidentiary, crime scene and/or other "police hold" purposes.
The inside storage area shall be equipped with video surveillance
with minimum 30 days of video storage capacity.
[Amended 2-4-2013 by Ord. No. 4-2013; 2-19-2019 by Ord. No. 1-2019]
(2)
The storage area shall be located either within the limits of the
Township or at no more than a five-mile radius outside of the Township
borders so as to facilitate reasonable towing distances.
(3)
Outside storage areas shall be fully enclosed by a fence of sufficient
security to prevent trespassing, having a height of six feet, with
at least one lockable gate for ingress and egress, and shall be lighted
from dusk to dawn. (If the storage facility includes more than one
access point, then all access points must be secured with appropriate
gate and lock.) The outside storage area shall be equipped with video
surveillance with minimum 30 days of video storage capacity.
[Amended 2-19-2019 by Ord. No.
1-2019]
(4)
The storage facility shall be available to the Harrison Township
Police Department 24 hours a day, 365 days per year and shall be open
to the public on weekdays during normal business hours and for limited
but reasonable hours on Saturday. The operator shall specify the hours
on which the facility will be open to the public on weekends. The
storage facility shall release a stored vehicle to the owner thereof
on such date as shall have been requested by said owner during normal
business hours, after receiving the tow release from the Harrison
Township Police Department. Storage charges shall accrue until the
date the owner or owner’s agent takes possession of the vehicle.
[Amended 2-6-2012 by Ord. No. 7-2012]
(5)
The tow operator shall have an employee or owner on duty during all
hours in which the storage area is open.
(6)
The tow operator may charge a release fee or other charge for releasing
vehicles to their owners only after normal business hours or on weekends
in an amount not to exceed $40.
[Amended 2-6-2012 by Ord. No. 7-2012]
(7)
No vehicles shall be stored or placed outside of the storage area.
B.
The Township of Harrison shall not be responsible for processing
of licensure and other documents required by the State of New Jersey
with regard to vehicles left abandoned at a repair facility. Vehicles
left abandoned at a repair facility, including those involved in accidents,
are the responsibility of the repair facility, pursuant to N.J.S.A.
39:10A-8.
A.
When performing services under the Police tow list to tow and/or
store a motor vehicle, the towing charge and storage charge(s) shall
not exceed those charges as set forth on the Township's towing
fee schedule.
B.
The fees for towing, storage and related charges and costs shall
be established and adopted by the Township Committee in January of
each year. The current fee schedule will be filed with the Township
Clerk and the Harrison Township Police Department.
(1)
The fees set forth on the schedules for towing rates are the maximum
charges that shall apply to a motor vehicle for basic towing services.
(2)
The towing rates shall be calculated based on the total distance
traveled from the tow vehicle's base of service to the job site
and return, by way of the shortest available route. Fractions shall
be rounded up to the nearest whole mile.
(3)
Tow vehicles transporting multiple motor vehicles at one time may
charge the applicable fee for each such vehicle transported.
(4)
When towing services are required, the day rate shall apply when
the vehicle is transported (pickup and delivery) entirely between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except
recognized New Jersey state holidays. The night, weekend and holiday
rate shall otherwise apply.
(5)
The Chief of Police shall post fees in the police station so the
same are available to the public during normal business hours, along
with a copy of this chapter and the fee schedules of the licensed
towing operators.
(6)
Payment to the towing operator from the public shall include credit
cards and personal checks, except for impounds which require cash
only.
A.
The Code Official shall be responsible for the enforcement of the
provisions of this chapter pertaining only to storage areas.
B.
The Township of Harrison Police Department may authorize the towing and storage of motor vehicles located on public streets or public property which are unregistered, abandoned, illegally parked, or which are permitted to be towed and stored pursuant to state statute or state regulations. Abandoned or unlicensed motor vehicles that are in Violation of the Township's Property Maintenance Code (Chapter 159) shall be subject to enforcement procedures as established in the aforesaid chapter.
C.
A tow operator shall not tow motor vehicles located in the public
right-of-way or on private property unless authorized to do so by
the owner of the vehicle, the Police Department or the Township Code
Official. This chapter, however, does not preclude a towing operator
licensed by the Township or state from towing motor vehicles located
on private property in accordance with state licensure privileges.
D.
Motor vehicles which remain unclaimed by the owner or other person
having legal right thereto shall be disposed of pursuant to the applicable
provisions of Title 39 of the New Jersey Statutes. The last known
owner of an abandoned vehicle, or the owner of the property from which
an abandoned vehicle is removed, shall be responsible for all towing
fees or charges, storage fees or charges, road service fees or charges,
and any other fees permitted by law.
E.
The Township shall make periodic inspections of facilities, equipment
and service and, upon request, shall be provided full access to equipment
or property. Such inspections shall be made quarterly, semi-annually,
or annually, as determined by the applicable Township official, but
in no case shall such inspections be made less than annually.
F.
The Harrison Township Police Department, responsible for enforcement
of this chapter, shall establish a procedure to process complaints
received by the Police Department regarding any licensed towing operator
including, without limitation, charging of fees in excess of those
permitted hereunder, or damage to vehicles, and to notify a vehicle
owner of the location of the motor vehicle towed. The Police Department
will investigate any complaints. Any fee not specifically covered
in this chapter shall have a "reasonableness test" applied for the
purpose investigating the complaint.
G.
The Police Department shall have the right to store at its own facilities
motor vehicles towed at its direction or confiscated in suspected
crimes. All licensed towing operators shall extend storage to the
Township of Harrison Police Department at no cost and, if so requested,
shall provide separate storage space for exclusive use of the Police
Department also at no cost. Abandoned vehicles or vehicles confiscated
by the Police Department are to be stored as authorized by the Police
Department to assure protection of the vehicle and to provide security
of said vehicle until appropriately disposed of by the Police Department.
H.
All tow company owners will be permitted to apply for junk and abandoned
titles for vehicles that are unclaimed after 30 days of storage. The
tow company owner will be responsible for completing all the required
paperwork and any and all fees associated with this process as defined
under the provisions of N.J.S.A. 39:10A-1. The Township will send
to the New Jersey Division of Motor Vehicles all completed paperwork
after it has been verified. All titles approved by the New Jersey
Division of Motor Vehicles will be then turned over to the tow company
owner who applied.
I.
All towing operators shall provide adequate public posting of charges
at their primary place of business and storage facility.
J.
Towing operators shall not pile vehicles or park towed vehicles on
public streets or sidewalks or outside of the storage area.
K.
All towing operators shall maintain a record of each motor vehicle
towed, stored, and released, and of all services rendered. Such records
shall be maintained at one central location and retained for a period
of not less than five years.
L.
Pursuant to the Spill Compensation and Control Act, including N.J.S.A.
58:10-23 et seq., any person in anyway responsible for a discharge
of petroleum or hazardous substances shall be strictly liable, jointly
and severally, without regard to fault, for all costs of cleanup and
removal of the discharge from the public right-of-way and private
property within the area of the spill. The tow operator and/or facility
owner shall be responsible for the clean-up and removal of any spill
or discharge of petroleum or hazardous substances at its storage facility.
The facility owner may choose to take action against the vehicle owner
for the cost of such clean-up and removal. The responsible party shall
contact the NJDEP Action Line to report any spills or leaks as required
by N.J.S.A. 58:10-23.11(e).
(1)
Whenever any petroleum or hazardous substances are discharged on
public property or within the public right-of-way, the Health Department
may, in its discretion, act to remove or arrange for the removal of
such discharge, or may direct the responsible party to remove or arrange
for the removal of such discharge. The County Environmental Health
Department shall monitor compliance with any clean-up directives.
Pursuant to N.J.S.A. 58:10-23.11(f), any person who fails to comply
with a clean-up directive shall be liable to the Township in an amount
equal to three times the cost of such removal.
M.
Any motor vehicle towed or transported to the towing facility shall
be stored and secured in the storage area.
N.
If the towing facility's storage area is full or not capable
of storing any motor vehicles, then in that event the towing operator
shall be temporarily suspended from the Harrison Township tow list
until such time the towing operator's storage area is capable
of accepting motor vehicles for storage.
A.
A license may be revoked or suspended at any time for just cause,
by the Township of Harrison, for one or more of the following reasons:
(1)
If it is subsequently determined that the applicant, knowingly and
with the intent to deceive, made false, misleading or fraudulent statements
of material fact in the application or in any other document required
pursuant to this chapter.
(2)
Conviction of a crime or disorderly person's offense involving
moral turpitude, defined as conduct that is considered contrary to
community standards of justice, honesty and good morals.
(3)
Violation of any federal or state law or municipal chapter or regulation
relating to the operation of a motor vehicle or the provision of towing
services.
(4)
Violation of any rules or regulation promulgated by the New Jersey
Department of Insurance.
B.
Once the licensee is notified of the suspension or revocation, they
have the opportunity to be heard by the Township Administrator after
filing a written appeal within 10 days. Such license, when so suspended
or revoked, shall not be reinstated except for good and sufficient
cause.
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.
