[HISTORY: Adopted by the Township Council of the Township
of Eastampton 8-13-2007 by Ord. No. 2007-10 (Ch. 90 of the 1974
Township Code); amended in its entirety 9-27-2021 by Ord. No. 2021-17.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments included Ord. Nos. 2008-02,
2019-4, and 2011-13.
A.Â
The purposes of this chapter are to:
(1)Â
Establish a requirement and procedure for the licensing of individuals
and entities providing towing and storage services to the Township
Police Department.
(2)Â
Establish, in the interest of public safety, a uniform policy for
the towing and storage of motor vehicles towed and stored at the request
of the Township Police Department.
(3)Â
Establish uniform fees for towing and storage services.
B.Â
This chapter shall apply to all motor vehicle towing and storage
operations performed at the request of the Township of Eastampton
Police Department.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle of any type and in any condition that has
been left on or along any highway or other public property or on private
property without the 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 in violation of N.J.S.A. 39:4-56.5.
A private passenger motor vehicle or any vehicle included
in the definition of "automobile" under N.J.S.A. 39:6A-2.
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area, or from
a storage facility, and other services normally incidental thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any other object
within the right-of-way or berm.
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles that run only upon rails or tracks or
motorized bicycles.
A person engaged in the business of towing and storing motor
vehicles or offering the services of a tow vehicle or tow truck and
storage services.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts, or underreach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles, employed for the purpose of towing, transporting,
conveying and/or removing motor vehicles which are unable to be operated
under their own power from one place to another for which a charge
or fee is extracted.
The Township of Eastampton Township.
No person shall engage in the business of towing or storing
motor vehicles at the direction of the Township of Eastampton Township
Police Department without first obtaining a tow operator's license
therefor. Nothing herein shall require licensing for the rendering
of road service or for the provision of towing and storage services
within the Township other than at the request of the Township Police
Department.
A.Â
Applicants for a license under this chapter shall file with the Township
Clerk a sworn application on a form to be furnished by the Clerk no
later than December 1 of each year in which applications are being
accepted, which shall include the following information and certification:
(1)Â
The full name and address of the applicant. If the application is
made for a corporation, it shall state the names and addresses of
the officers and directors thereof, its registered agent and the names
and residential addresses of every stockholder owning more than 10%
of the issued stock.
(2)Â
The year, make, and type of each tow vehicle used in said business,
its vehicle identification number, registration number and registered
owner.
(3)Â
The address where the tow vehicle or vehicles shall be regularly
garaged, the telephone number or numbers and the hours during which
service is available at those numbers and the names, addresses and
New Jersey driver's license numbers of all operators.
(4)Â
The location, size and security features of the storage lot or space
in which towed vehicles will be stored, including the number of spaces
available. The storage lot shall be designated either as:
(a)Â
Inside building: a vehicle storage facility that is completely
indoors, having one or more openings in the walls for storage and
removal of vehicles that are secured by a locking device on each opening;
or
(b)Â
Outside secured: a vehicle storage facility that is not indoors
and is secured by a fence, walls or other man-made barrier that is
at least six feet high. The facility is to be lighted at night so
that all vehicles may be plainly visible.
(5)Â
The name and address of the insurance carriers and the policy numbers of all insurance policies as required by § 487-9 of this chapter.
(6)Â
A copy of the operator's current fee schedule for towing and
storage services, separately listing towing and storage for automobiles
and other motor vehicles.
(7)Â
A certification that on-call towing and storage services will be
available 24 hours per day, every day of the year.
(8)Â
A certification that the fees and procedures required by this chapter
shall be complied with at all times.
(9)Â
A statement that the Chief of Police or his designee may at any reasonable
time conduct an inspection of the tow vehicles or storage facility
of any applicant or licensee for the purpose of determining compliance
with this chapter.
(10)Â
Such other information as the Township Clerk or Chief of Police
may reasonably prescribe.
B.Â
All applications for a tow operator's license shall be accompanied
by a fee of $300 to cover the Township's costs in processing
the application and renewal applications. This fee covers the costs
to the Township for the three-year agreement. (An annual inspection
will be conducted by the Eastampton Township Police Department. This
inspector will obtain updated insurance information on all vehicles
and personnel. A site inspection will also be performed to assure
compliance. In addition, all mandatory local inspection certificates
will be obtained.)
C.Â
The Township shall appoint no more than five tow companies to service
the Township for the three-year contract. In the event that a company
is removed from the list, the Township Clerk and/or Chief of Police
shall advertise for the vacant spot for the duration of the contract.
This shall be at the sole discretion of the above if the workload
deems necessary.
A.Â
The Township Clerk shall forward all complete applications to the
Police Department, which shall conduct or cause to be conducted such
investigation as it deems necessary to determine the truth and accuracy
of the information contained in the application and whether the applicant
meets the following minimum standards:
(1)Â
Neither the applicant nor any tow vehicle operator has any criminal
convictions or prior motor vehicle infractions which might adversely
affect public safety or welfare.
(2)Â
The applicant has the ability to respond to the scene in response
to any request for assistance within 25 minutes after notification.
(3)Â
The applicant can provide on-call towing services 24 hours per day,
every day of the year.
(4)Â
The tow trucks and equipment are in safe and sound condition and
in compliance with all applicable laws, rules, and regulations. All
applicants must meet minimum standards of operator performance, including
but not limited to standards concerning the adequacy of the applicant's
equipment and storage facilities and availability.
(5)Â
The applicant owns or has a valid lease to a storage facility within
three miles of the Township, in an area legally zoned for such use.
(6)Â
The applicant is in compliance with and/or has the ability to comply
with all other requirements and standards set forth herein.
B.Â
In addition to the minimum standards of performance referred to in
the preceding subsection, all applicants are subject to disqualification
if found deficient in any one of the following areas:
C.Â
The Police Department shall endorse its approval or disapproval of the application within 30 days of receipt. If the application is disapproved, the reasons therefor shall be set forth in writing. The Township Clerk shall notify the applicant in writing that the application has been granted or denied. If the application is denied, the reasons for such denial shall be set forth in the notice, along with the applicant's right to appeal the denial to the Township Manager pursuant to § 487-8.
A.Â
A tow operator's license shall be issued by the Township Clerk to an approved applicant upon provision of insurance certification pursuant to § 487-9 and approval by the Police Department. The Township Clerk shall send a copy of the license to the Police Department for filing and shall keep a permanent record of all licenses issued.
B.Â
All licenses under this chapter shall expire at the end of the third calendar year in which issued. Applications for renewal, certifying any changes to the original application or certifying no change, shall be filed with the Clerk at least 30 days before expiration on forms provided by the Clerk. Renewal applications will be forwarded to the Police Department for review and any necessary investigation in accordance with the procedures and standards set forth in § 487-5. If approved, a renewal license shall be issued.
C.Â
All licenses issued under this chapter, or certified copies thereof,
shall be displayed prominently on all tow vehicles and at the tow
operator's principal place of business.
D.Â
All licenses issued under this chapter are nontransferable and nonassignable.
A.Â
Licenses issued under this chapter may be revoked by the Police Department after reasonable notice and hearing pursuant to § 487-8 for any of the following reasons:
(1)Â
False or materially inaccurate information in the application or
a change of circumstances which would have caused disapproval of the
application if existing at the time of approval.
(2)Â
Failure to comply with any of the requirements of this chapter, any
additional regulations promulgated by the Chief of Police or any state,
federal, or local law relating to motor vehicle operation or storage.
(3)Â
Unsatisfactory service which jeopardizes public safety. More than
three unexcused failures to respond and/or valid complaints (as determined
by the Police Department after investigation) within a twelve-month
period shall be considered grounds for suspension and/or revocation.
(4)Â
Any complaint relative to service, overcharging, theft of parts,
damage, discourteous treatment, or the like.
B.Â
Notice of suspension and/or revocation shall be in writing and shall include the reasons therefor and notice of the licensee's right to appeal to the Township Manager pursuant to § 487-8.
C.Â
The Police Department may temporarily suspend a license for just
cause, including conviction of a crime or disorderly persons offenses
involving moral turpitude.
D.Â
If a license has been revoked, the licensee shall be disqualified
from reapplying for a period of one successive three-year licensing
period.
Any person aggrieved by the action of the Police Department
or the Township Clerk in the denial of an application for a license
or in revocation thereof or in the suspension from the Township's
on-call towing list may appeal to the Township Manager by filing with
the Municipal Clerk, within 14 days after notice of the action complained
of has been mailed to such person's last known address, a written
request for a hearing, setting forth fully the grounds for the appeal.
The Manager will set a time and place for a hearing on such appeal,
and notice shall be served on or mailed to the applicant or licensee
at least five days prior to the hearing. The Township Manager's
appeal decision shall be final and binding on the applicant, and no
appeal thereof may be taken.
A.Â
Every licensee shall carry insurance as follows:
(1)Â
Comprehensive automobile liability in an amount not less than $1,000,000
combined single limits;
(2)Â
Workers' compensation coverage as required by state law;
(3)Â
Garagekeeper's liability in an amount not less than $60,000
per location;
(4)Â
Garage liability in an amount not less than $500,000 combined single
limits;
(5)Â
Comprehensive general liability coverage in an amount not less than
$500,000 for each person and $500,000 for each accident;
(6)Â
Endorsements providing for collision coverage for vehicles in tow;
(8)Â
Endorsements naming the Township as an additional insured in all
insurance policies (except workers' compensation policies) for
licensees on the Township's on-call towing list.
B.Â
All licensees shall hold harmless and indemnify the Township, its officers, employees, elected and nonelected officials and professionals, and agents from any and all liability claims, losses, or damage arising, or alleged to arise, from the performance of the towing services requested of, or rendered by, the licensee. The foregoing indemnification language shall be incorporated in the general comprehensive liability policy required by § 487-9A.
C.Â
All insurance policies shall be written by insurance companies acceptable
to the Township and authorized to do business in the State of New
Jersey.
D.Â
No license shall be issued or renewed until the applicant has filed with the Township Clerk certificates of insurance evidencing the insurance coverage and endorsements required in § 487-9A. All certificates must provide for 30 days' prior written notice to the Township of policy cancellation or material change.
A.Â
The Police Department shall maintain a list of those tow operators
licensed by the Township to respond to calls from the Township Police
Department. In order to be included on the on-call towing list, an
applicant must meet all of the requirements of this chapter and shall
enter into an agreement with the Township for a term of three years.
B.Â
Calls to tow operators on the on-call list shall be made on a nondiscriminatory
rotating basis pursuant to procedures established by the Police Department.
Nothing herein shall prohibit the Police Department from calling a
tow operator out of sequence or seeking the services of a tow operator
not on the on-call list if the circumstances require specialized equipment
or if the interests of public safety so require. If the tow operator
selected does not respond to the scene within the 25 minutes after
notification, the Police Department shall be permitted to summon the
next available tow operator. The Police Department may summon another
tow operator prior to the expiration of 25 minutes if circumstances
so warrant. When any unusual situation occurs which may be dangerous
to the safety of the public, such as a spill of toxic material or
other dangerous cargo, the Township Police Department may select any
qualified tow operator.
C.Â
The fees to be charged for the towing and storage services of automobiles shall be as set forth in § 487-11. The Township shall not be liable for the cost of any towing and/or storage services unless those services are performed on a municipal vehicle.
D.Â
Inclusion on the on-call towing list shall be automatically revoked upon expiration or revocation of the tow operator's license. The Police Department may also suspend a licensed tow operator's inclusion on the on-call towing list for such period of time as it considers appropriate for violations of this chapter, after a hearing on such violations. Suspensions may be appealed pursuant to the procedures set forth in § 487-8.
E.Â
Nothing in this section shall prohibit a motorist or motor vehicle
owner from summoning a tow operator of his or her own choosing, except
that any Township police officer at the scene of an incident requiring
towing services shall be responsible for making the final determination
as to when towing shall take place and which tow operator shall be
called.
F.Â
All vehicles towed at the request of the Township Police Department
must be removed to an approved storage facility unless the owner or
operator of the vehicle specifically requests that it be towed to
another destination. Any Township police officer at the scene shall
be responsible for making the final determination as to the towing
destination.
G.Â
No vehicle shall be released by the tow operator until the owner
or agent of the vehicle produces a release form from the Police Department.
No verbal releases are to be accepted. The Township is not responsible
for any costs, compensation, or damage which a tow operator may suffer
by the Township agreeing for a vehicle to be released. Vehicles may
only be retrieved during the normal working hours of the tow operator.
H.Â
No tow operator shall dispose, destroy, remove, sell, or otherwise
transfer any vehicle towed at the request of the Township Police Department
without first complying with all applicable laws of the State of New
Jersey and notifying the Township Police Department of its intention
to do so, in writing, at least 14 days prior to effectuating the same.
I.Â
Prior to commencing any tow, the tow operator shall sign the tow
report prepared by the officer on location acknowledging receipt of
the vehicle.
J.Â
Upon request by the Township Police Department, the tow operator
shall store a motor vehicle in an inside building as defined in § 487-4(A)(4)(a).
Vehicles designated by the police as being suspected as being used
in criminal activity shall be stored in a separate space for the exclusive
use of the Police Department and shall not be released without the
written permission of the Chief of Police or detective in charge of
the investigation.
K.Â
In addition to any requirements set forth elsewhere in this chapter,
all approved towing services must provide, in writing, an employment
nondiscrimination statement prior to the issuance of said approval
and must agree to comply with all state and federal laws and regulations
concerning wages, hours, and terms of employment.
L.Â
Employees of an approved towing service shall in no way be deemed
to represent or be employed by this municipality, and all such towing
services shall be responsible for the conduct of their employees.
M.Â
All towing and storage fees shall be disclosed in an appropriate
notice on the front or top page of all invoices and receipts. Additionally,
adequate public postings of such fees must be made at the storage
area, in easy view of the public.
A.Â
Generally.
(1)Â
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)Â
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 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)Â
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,
winching, and additional labor when basic 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. 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.Â
Fee schedule enumerated; restrictions. A tow operator may charge
fees for the following services:
(2)Â
Decoupling (if tow is not performed), which shall be a flat fee not
to exceed $75 as to all types of motor vehicles.
(3)Â
Winching, which shall be based upon each hour spent performing winching
(charges for winching services in the case of a light/medium-duty
vehicle shall not exceed $350 per hour; charges for winching services
in the case of a heavy-duty vehicle shall not exceed $600 per hour).
(4)Â
Specialized recovery equipment:
(a)Â
Rotator/crane recovery unit: rate not to exceed $1,200 per hour.
(b)Â
Tractor with Landoll trailer or detach trailer: rate not to
exceed $450 per hour.
(c)Â
Tractor/transport hauler only: rate not to exceed $250 per hour.
(d)Â
Refrigerated trailer with tractor: rate not to exceed $450 per
hour.
(e)Â
Box trailer with tractor: rate not to exceed $400 per hour.
(f)Â
Air cushion unit: rate not to exceed $1,000 per hour.
(g)Â
Light tower: rate not to exceed $250 per hour.
(h)Â
Pallet jack: flat rate not to exceed $200.
(i)Â
Rollers: flat rate not to exceed $200.
(j)Â
Loader/backhoe/telescopic handler/bulldozer/bobcat: rate not
to exceed $300 per hour each.
(k)Â
Forklift: rate not to exceed $300 per hour.
(l)Â
Dump truck/dump trailer with tractor: rate not to exceed $350
per hour.
(m)Â
Roll-off with container: rate not to exceed $350 per hour plus
disposal.
(n)Â
Recovery supervisor vehicle: rate not to exceed $150 per hour.
(o)Â
Traffic management equipment: rate not to exceed $250 per hour.
(p)Â
Recovery support vehicle/trailer: rate not to exceed $350 per
hour.
(q)Â
Any other specialized equipment: rate not to exceed $250 per
hour.
(5)Â
Labor (minimum charge of one hour; after the first hour, all hourly
billable rates will be charged in half-hour increments).
(a)Â
Accident cleanup and disposal of debris: rate not to exceed
$75 per hour, plus the cost of absorbent material used.
(b)Â
Recovery supervisor: rate not to exceed $200 per hour.
(c)Â
Certified towing operator: rate not to exceed $125 per hour
per operator.
(d)Â
Manual laborers: rate not to exceed $100 per hour per laborer.
(6)Â
Storage at a tow operator's storage facility (per calendar day
or any part thereof):
(7)Â
Additional services:
(a)Â
More than three trips to the motor vehicle in storage, which
may be invoiced as an administrative fee, which shall be a flat fee
not to exceed $50 for light-duty vehicles and shall not exceed $200
for medium-or heavy-duty vehicles.
(b)Â
Releasing a motor vehicle from a towing company's storage
facility after normal business hours or on weekends, which shall be
a flat fee not to exceed $75.
(c)Â
Tarping, which shall be a flat fee not to exceed $75 for a light-duty
vehicle, and a flat fee not to exceed $200 for a medium-or heavy-duty
vehicle.
(8)Â
No person shall be liable to any tow operator who tows or stores
an automobile, including but not limited to any automobile which was
damaged in an accident or recovered after being reported stolen, for
any fees in excess of the following:
(9)Â
It shall be the responsibility of the tow operators to comply with
all applicable Department of Insurance rules and fee regulations.
(10)Â
Towers are required to submit monthly, to the Police Department,
a copy of impound reports and invoices for each vehicle towed that
month.
C.Â
No person shall be liable to any tow operator for any other towing
or storage services for any fees in excess of the licensee's
approved fee schedule. Current fee schedules shall be submitted for
approval on an annual basis at the time of application for license
renewal.
D.Â
Tow vehicles transporting multiple vehicles at one time may charge
the applicable fee for each vehicle transported.
E.Â
Any rates charged to a municipality must be limited in accordance
with N.J.S.A. 40:48-2.50.
The Police Department shall promulgate such rules, regulations,
and procedures, not inconsistent with this chapter, as may be reasonable
and necessary to carry out the provisions of this chapter. Copies
thereof shall be provided to all licensed tow operators and shall
be made available to the public, along with copies of current fee
schedules, during normal business hours. Failure to comply with applicable
rules, regulations and procedures may be cause for revocation of a
tow operator's license.
The Police Department is hereby designated to enforce the provisions
of this chapter and any applicable rules and regulations.