[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). Amendments noted where applicable.]
A.
The purposes of this chapter are:
(1)
To establish a requirement and procedure for the licensing of individuals
and entities providing towing and storage services to the Township
Police Department;
(2)
To 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; and
(3)
To establish uniform fees for towing and storage services.
B.
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:
- ABANDONED VEHICLE
- 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.
- AUTOMOBILE
- A private passenger automobile of a private passenger or station wagon type that is owned or hired and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body, or delivery sedan, a van or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the insured other than farming or ranching. An automobile owned by a farm family copartnership or corporation, which is principally garaged on a farm or ranch and otherwise meets the definitions contained in this section, shall be considered a private passenger automobile owned by two or more relatives resident in the same household.
- BASIC TOWING SERVICE
- 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 incident 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.
- CLAIMANT
- The owner, owner's authorized agent, or lienholder who makes demand for the release of a motor vehicle that is held in storage by the contractor and can demonstrate the proper authority for release.
- CRUISING
- The driving of an unengaged tow vehicle to and fro along a public street for the obvious purpose of soliciting business along the public street.
- IMPOUND
- Vehicles which are held at the direction of the Police Department for investigative purposes.
- INCIDENT SCENE
- The location of any event to which a tow operator is summoned by the police to provide any type of towing, storage or roadside service.
- INSIDE BUILDING
- A vehicle storage facility that is completely indoors, having one or more openings in the walls for storage and removal of vehicles, and that is secured by a locking device on each opening.
- MOTOR VEHICLE
- All vehicles propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks, or motorized bicycles (N.J.S.A. 39:1-1).
- MOTOR VEHICLE ACCIDENT
- An occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accident as to the insured even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the insured or not otherwise involved with the insured.
- OUTSIDE SECURED
- An automobile storage facility that is not indoors and is secured by a sturdy fence, wall or other man-made barrier that is at least six feet high and is installed with a passive alarm system or a similar on-site security measure. The facility is to be lighted from dusk to dawn.
- OUTSIDE UNSECURED
- An automobile storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier, and all other storage facilities not defined above as inside buildings or outside secured.
- STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
- The maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.
- TOWNSHIP
- The Township of Eastampton.
- TOW VEHICLE or TOW TRUCK
- Those vehicles equipped with a boom or booms, winches, slings, tilt bends, wheel lifts or under-reach 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.
- TOW VEHICLE'S BASE OF SERVICE
- The towing operator's principal place of business where the tow vehicle is stationed when not in use.
- UNCLAIMED VEHICLE
- A vehicle that has remained unclaimed at a storage facility beyond the time limitations established by the provisions of N.J.S.A. 39:10A-1.
- WAITING TIME
- Time a tow operator spends at an incident scene in excess of the time required for actual recovery and/or towing. An example of waiting time would include but not be limited to EMS/fire service, police investigation, etc.
No person shall engage in the business of towing or storing
motor vehicles at the direction of the Township of Eastampton 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. However,
cruising, as defined herein, is strictly prohibited.
A.
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,
which shall include the following information and certification:
(1)
The full name and address of the applicant. If the application is
made for a corporation, it shall state the name and address of the
officers and directors thereof, its registered agent, and the names
and residential address of every stockholder owning more than 10%
of the issued stock.
(2)
The year, make and type of each tow vehicle used in said business,
its serial number, registration number and registered owner.
(3)
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)
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)
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 is secured by a locking device on each opening.
(b)
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)
The name and address of the insurance carriers, and the policy numbers of all insurance policies, as required by § 487-10.
(6)
A copy of the deed of ownership or lease agreement for the storage
location, together with zoning certification (issued by the Zoning
Officer/Construction Official) and Fire Subcode certification issued
by the Fire Official.
(7)
A certification that on-call towing and storage services will be
available 24 hours per day, every day of the year.
(8)
A certification that the fees and procedures required by this chapter
shall be complied with at all times.
(9)
A statement that the Chief of Police or his or her 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)
A copy of the tow operator's current fee schedule for nonbasic
towing services and storage of vehicles not defined herein as "automobiles."
(11)
Such other information as the Chief of Police may reasonably
prescribe.
B.
All applications for a tow operator's license shall be accompanied
by a nonrefundable fee of $100 to cover the Township's cost in
processing the application.
A.
The Township Clerk shall forward all complete applications to the
Chief of Police, who shall conduct or cause to be conducted such investigation
as he or she 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)
Neither the applicant nor any tow vehicle operator has any criminal
convictions, convictions for any offense involving dishonesty or prior
motor vehicle infractions which might adversely affect public safety
or welfare. The applicant and each operator shall authorize a police
background check to ensure compliance with this section.
(2)
The applicant has the ability to arrive at the scene in response
to any request for assistance within 25 minutes after notification.
(3)
The applicant can provide on-call towing services 24 hours per day,
every day of the year.
(4)
The applicant meets 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)
The applicant, at a minimum, shall maintain a fleet of tow vehicles described under § 487-9, Subsection B. Where more than one vehicle of a particular type is required, an applicant may satisfy this requirement, at the discretion of the Chief of Police, by demonstrating immediate access to the second vehicle.
(6)
The applicant's tow vehicle is equipped with emergency lights
conforming to the requirements of N.J.S.A. 39:3-50, which may not
be utilized until the contractor has procured a permit issued by the
Director of Motor Vehicles. Emergency lights may either be a commercially
manufactured light bar or a combination of two double-faced flashing
lights and one 360° rotating beacon. All emergency lights shall
be mounted high enough to be seen over the towed vehicle.
(7)
The applicant's tow vehicles are in good condition, in compliance
with Title 39 of the New Jersey Statutes and rules promulgated thereunder,
and identified on each side with the name and address of the contractor
and the gross vehicle weight rating of the tow vehicle. A method of
communication from the tow vehicle to the home base is required.
(8)
The applicant's tow vehicle is equipped with a shovel, broom
and other equipment necessary to clean up and remove broken glass
and debris from the scene of a tow to which they are assigned, as
required by the provisions of N.J.S.A. 39:4-56.8 and this chapter.
Absorbent material shall be available for minor spills.
(9)
All drivers for the applicant are at least 18 years old and have
a valid New Jersey State driver's license with no restrictions
or conditional endorsements, except the condition requiring eye glasses.
(10)
Applicant owns or has a valid lease to a storage facility within
three miles of the Eastampton Police/Court Facility, 7 Police/Court
Facility, 725 Smithville Road, Eastampton, NJ 08060.
(11)
The applicant is in compliance with and/or has the ability to
comply with all other requirements and standards set forth herein.
B.
In addition to the minimum standards of performance referred to in Subsection A, all applicants are subject to disqualification if found deficient in any one of the following areas:
C.
The Chief of Police shall endorse his approval or disapproval of the application within 30 days of receipt of same. 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 Township Council pursuant to § 487-8.
A.
A tow operator's license shall be issued by the Township Clerk to an applicant approved by the Chief of Police and upon provision of insurance certifications pursuant to § 487-10. 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.
All licenses issued under this chapter shall expire January 31. Applications for renewal 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 Chief of Police for review and any necessary investigation in accordance with the procedures and standards set forth in § 487-5A.
C.
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.
Licenses issued under this chapter are nontransferable.
A.
Licenses issued under this chapter may be revoked by the Chief of Police after reasonable notice and hearing pursuant to Subsection C below for any of the following reasons:
(1)
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)
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)
Violation of Department of Insurance rules governing towing and storage
fees.
(4)
Unsatisfactory service which jeopardizes public safety. More than
three unexcused failures to respond and/or valid complaints (as determined
by the Chief of Police after investigation) within a twelve-month
period shall be considered grounds for suspension and/or revocation.
B.
The Chief of Police may temporarily suspend a license for just cause,
including conviction of crime or disorderly persons offenses involving
moral turpitude.
C.
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 Township Council pursuant to § 487-8.
D.
If a license has been revoked, the licensee shall be disqualified
from reapplying for two successive licensing periods.
Any person aggrieved by the action of the Chief of Police 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 Council by filing
with the 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 Council 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 Council's determination
shall be made by resolution and shall become effective immediately.
A.
Records. It shall be the responsibility of the contractor to maintain
records of all services rendered under the terms of this contract
for a period of seven years. Such records must be easily accessible
at all times in the contractor's business office and shall include,
but not be limited to, the following:
(1)
Vehicle impound and inventory form. This form shall be provided by
the impounding officer to the tow truck operator at the time the tow
service is rendered. This record documents the condition of the vehicle,
lists the contents of the vehicle and indicates whether or not the
keys were left with the vehicle at the time of the tow.
(2)
Itemized invoice. This document must be detailed, complete and legible.
It must contain thereon the time and date the services were rendered.
It also must contain, or have securely affixed thereto, a schedule
of rates for services that are authorized by this contract. A copy
of each invoice, with respect to services rendered under the terms
of this contract, shall be forwarded to the Eastampton Police Department
by the contractor within 10 days after payment has been made to the
contractor by the owner/agent of the vehicle. This document will be
added to the original case file for inspection and/or audit purposes.
Invoice numbers must be preprinted and sequential.
(3)
Motor vehicle release form. This form is issued by the Eastampton
Police Department to the owner of the vehicle or to the owner's
agent. The contractor shall permit the inspection of records required
by the terms of this contract by any authorized representative of
the Township Manager or the Chief of Police.
B.
Tow trucks/equipment.
(1)
The contractor shall maintain and have accessible for use and Township
inspection tow trucks and equipment capable of recovering and removing
virtually any vehicle that is customarily and routinely found on the
roadways within the Township.
(2)
A contractor's tow trucks must be in compliance with all safety
equipment requirements as listed in N.J.S.A. 39:3-43 et seq., including
emergency lights, equipment, reflectors/flares and permits. Each tow
truck shall have the contractor's name displayed in such manner
and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
(3)
An inventory of tow trucks shall include, but not be limited to,
the listed quantity of vehicles designated for each category, which
are designed, built and rated to equal or exceed the tow truck class
specifications that have been developed and published by the Towing
and Recovery Association of America (TRAA), and which are described
hereafter. (NOTE: It shall be the responsibility of the contractor
to certify that his trucks meet the safe lifting ratings specified
for each class of tow truck. Prior to the issuance of a license, the
contractor shall allow representatives of the Township to physically
inspect the contractor's tow trucks and facility for compliance
with these specifications.)
(a)
Light-duty tow truck, minimum ratings (quantity: two):
[1]
Capable of towing vehicles as listed by the TRAA and DOT as
Class I and II, which include passenger vehicles, light trucks, minivans,
full-size pickups, sport utility vehicles and full-size vans. These
vehicles should not exceed 10,000 pounds GVW and not have more than
four tires.
[2]
NOTE: Flatbed car carriers may not be included in this category.
(See car carrier category.)
(b)
Medium-duty tow truck, minimum ratings (quantity: one):
[1]
Capable of towing vehicles as listed by the TRAA and DOT as
Class III through Class VI, which include a wide range of mid-sized
vehicles, delivery trucks, utility vehicles, motor homes, parcel trucks,
ambulances, small dump trucks, landscape trucks, flatbed and stake
trucks, refrigerated and box trucks, small and medium school and transit
buses. These vehicles range from 10,001 pounds to 26,000 pounds GVW
and are equipped with at least six tires.
[2]
NOTE: Flatbed car carriers may not be included in this category.
(See car carrier category.)
(c)
Heavy-duty tow truck, minimum ratings (quantity: two):
[1]
Capable of towing vehicles as listed by the TRAA and DOT as
Class VII and Class VIII, which include a wide range of heavy vehicles,
large delivery trucks, motor coaches, refuse trucks, cement mixers
and all tractor-trailer combinations, including double trailers.
[2]
NOTE: Flatbed car carriers may not be included in this category.
(See car carrier category.)
(d)
Car carrier, minimum ratings (quantity: two):
[1]
Vehicles primarily designed and intended to transport other
vehicles by loading the other vehicle entirely onto the carrier. These
vehicles may be of a flatbed, slide bed, tilt bed or rail design.
[a]
Gross vehicle weight rating (minimum): 14,500 pounds.
[b]
Carrier (bed) telescoping to at least 17 feet.
[c]
XIP wire rope: 50 feet; 3/8 inch; one five-foot chain used in
the winching system and must be a minimum of Grade 7 chain with matching
fittings.
[d]
Snatch block: one.
[e]
Tires on rear axle: dual.
[f]
Four securing devices with a minimum working load limit of 3,900
pounds. The device may be chain (minimum Grade 4), wire rope, nylon
strap, or steel strap. The tie-downs shall be attached to the axle
or frame member of the transported vehicle, both front and rear. All
ends shall be secured to the truck bed or rail in a manner that will
prevent movement of the transported vehicle. Factory-style "T" hook
tie-downs may also be used (front and rear).
[g]
If used in a towing mode (as opposed to carrying), a sling,
tow bar and/or wheel lift assembly can be used and must have a manufacturer's
rating appropriate to the vehicle being towed.
[2]
NOTE: It is suggested that contractors maintain at least one
of the two car carriers with a nine-foot bed (GVW rated at least to
23,000 pounds).
C.
Employees.
(1)
It shall be the responsibility of the contractor to have available
at all times a sufficient number of employees to provide towing and
recovery service for the Eastampton Police Department, pursuant to
the terms and conditions set forth herein.
(2)
Drivers employed by the contractor shall be at least 18 years of
age, shall maintain a currently valid driver's license and shall
perform their duties in conformance with all applicable statutes and
ordinances.
(3)
It shall be the responsibility of the contractor to ensure that his
or her employees, including drivers, are competent, efficient, courteous
and knowledgeable in the legal and technical requirements of emergency
towing and/or recovery of vehicles. A program of continuing in-service
training for driver operators is encouraged.
(4)
It shall be the responsibility of the contractor to ensure that all
tow truck operators and employees, who respond to incident scenes,
receive training in the recognition of and the response to hazardous
materials. Such training must include, but not necessarily be limited
to, the "First Responder Operations Level" training, as defined by
the New Jersey Department of Health. Valid certificates of training
must be supplied to the Township of Eastampton. Contractor employees
shall be outfitted in a standard uniform and be equipped with DOT-approved
safety vests while involved in a removal/recovery operation.
(5)
Complaints of any kind against the contractor or an employee of the
contractor, including, but not limited to, towing service, overcharging,
theft, damage, discourtesy, etc., will be fully investigated by the
Eastampton Police Department or referred by the Chief of Police to
the contractor for resolution, as appropriate. Allegations of criminal
violations shall be investigated by the Police Department.
D.
General towing removal service.
(1)
The contractor will be expected to have removal/recovery service
available on a twenty-four-hour-per-day, seven-days-per-week basis
to tow or otherwise remove vehicles at the direction of the Police
Department that are disabled, recovered stolen, involved in a crime,
involved in an accident, etc. The contractor will be expected to arrive
at the incident scene within 25 minutes after notification by the
Eastampton Police Department. Repeated failure to arrive at an incident
scene within the time limit shall be cause for termination of the
contract.
(2)
It shall be the responsibility of the contractor to determine what
equipment is necessary for the removal/recovery of any vehicle, based
on the class of vehicle as reported by police dispatch.
(3)
Service charges for vehicle removal/recovery at the direction of the Eastampton Police Department shall be billed to the registered owner of the vehicle in accordance with the fee schedule set forth in § 487-12 below.
(4)
The contractor shall only be responsible for the removal of the vehicle
itself. The contractor shall not be responsible for the removal of
any commercial load that may have been carried in or on the vehicle
prior to the incident or accident.
E.
Towing/removal of abandoned vehicles.
(1)
Abandoned vehicles shall be removed by the contractor at the direction
of the Police Department on a twenty-four-hour-per-day, seven-days-per-week
basis. The contractor must arrive on location within 25 minutes after
notification by the Police Department.
(2)
Charges for removing abandoned vehicles at the direction of the Police
Department shall be billed to the registered owner of the vehicle.
The Township shall not be liable to the tow operator for any of the
services performed by the contractor. In the event the registered
owner of the vehicle cannot be determined or located, the Township
will conduct an auction pursuant to N.J.S.A. 39:10A-1, and the tow
operator's charges for towing and storage shall be paid from
the proceeds of such auction. Each vehicle auctioned off shall be
a separate item for purposes of this section. The Township shall not
be liable for fees in excess of the bid price of the vehicle. The
cost of title fees which the Township must pay to the State of New
Jersey for title certificates shall be passed on to the purchaser
at the time of the auction even if the contractor is the purchasing
party and shall be in addition to the bid price of each vehicle. Should
a vehicle not sell at auction, the junk title certificate or application
for a certificate of ownership, whichever shall have been issued by
the Motor Vehicle Commission, will be assigned to the contractor as
recompense for services rendered and unpaid. A fee of $1 shall be
paid to the Township by the contractor for each application for a
certificate of ownership so issued.
(3)
In those situations involving confiscation of automobiles, fatal
accidents or any other situation where the Township initiated legal
action or evidentiary evaluation is necessary, requiring storage of
vehicles for protracted periods of time, the storage fees that are
to be paid by the Township shall not exceed $3 per day per vehicle
for the first 30 days of storage; $2 per day per vehicle for each
day of storage thereafter; and a limit of $400 per vehicle, up to
one year of storage, except as set forth herein. The Township, pursuant
to N.J.S.A. 40:48-2.50, shall not be charged in excess of $400 for
the storage of any towed vehicle. The Township reserves the right
to have any such vehicle towed directly to the police/court facility
for storage.
(4)
In those situations involving confiscation of automobiles, fatal
accidents or any other situation where the Township initiated legal
action or evidentiary evaluation is necessary, requiring storage of
vehicles for protracted periods of time, the storage fees that are
to be paid by the owner shall not exceed $3 per day per vehicle for
the first 30 days of storage. For each day of storage thereafter,
the fee shall be equal to 50% of the prevailing storage rate. The
Township, pursuant to N.J.S.A. 40:48-2.50, shall not be charged in
excess of $400 for the storage of any towed vehicle. The Township
reserves the right to have any such vehicle towed directly to the
police/court facility for storage, or any other location.
(5)
In confiscation and forfeiture cases where the vehicle is exposed
for sale at public auction, the amount of storage fees shall be paid
from the proceeds of the sale. Each vehicle auctioned off shall be
a separate item for purposes of this section. The Township shall not
be liable for fees in excess of the bid price of the vehicle. The
cost of title fees which the Township must pay to the State of New
Jersey for title certificates shall be passed on to the purchaser
at the time of the auction even if the contractor is the purchasing
party and shall be in addition to the bid price of each vehicle. Should
a vehicle not sell at auction, the junk title certificate or application
for a certificate of ownership, whichever shall have been issued by
the Motor Vehicle Commission, will be assigned to the contractor as
recompense for services rendered and unpaid. A fee of $1 shall be
paid to the Township by the contractor for each application for a
certificate of ownership so issued.
F.
Recovery service.
(1)
It shall be the responsibility of the contractor to provide recovery
service to the Police Department on the occasion of a motor vehicle
accident, fire, mechanical failure, natural disaster, off-road occurrence
or any other situation that renders a vehicle incapable of being moved
by conventional means.
(2)
It is understood that recovery service may include rigging, stabilization
procedures, winching, crane service, the use of inflatable devices
and any other conventional or unique procedure that may reasonably
be necessary to reclaim a damaged or disabled vehicle and to prepare
the vehicle to be towed or otherwise removed from its original, post-incident
place of rest. The cost of recovery is included in the removal fee.
G.
Storage of towed/removed vehicles.
(1)
Vehicles that are towed or otherwise removed at the direction of
the Police Department must be taken directly to the contractor's
storage facility, unless an alternative destination is agreed to by
the contractor, the owner of the vehicle and the Police Department,
in writing, or unless the Police Department directs that the vehicle
be removed to another location.
(2)
Vehicles that are towed and stored by the contractor must be secured
at the contractor's storage facility. The use of satellite or
remote land area for storage of vehicles that are removed at the direction
of the Police Department is expressly prohibited.
(3)
The contractor shall be responsible for the security of each vehicle
stored under the provisions of this chapter, until final disposition
and release, as authorized by the Eastampton Police Department. All
vehicles, regardless of condition, must be stored singly, in side-by-side
fashion, to permit complete inspection and removal. Adequate walkway
space shall be provided around each vehicle at all times.
(4)
The cost of storage shall be $30 for each twenty-four-hour period
beginning at 12:00 midnight following the arrival of the vehicle at
the storage facility. Storage fees shall be for each twenty-four-hour
period or fraction thereof. "Fraction thereof" shall be to the nearest
quarter hour. A new twenty-four-hour period begins at 12:01 a.m. Should
a vehicle be towed on any given day and turned over to the owner on
the same day prior to 12:00 midnight, no storage fee shall be charged.
H.
Claiming/releasing stored vehicles.
(1)
The contractor must provide a means for vehicles to be released to
an authorized claimant between the hours of 9:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding legal holidays, and between the hours
of 9:00 a.m. and 12:00 noon on Saturdays, at the contractor's
business address. The area must have someone on duty at all times.
The contractor shall not impose a release fee, except as provided
by the terms of this chapter.
[Amended 1-28-2008 by Ord. No. 2008-02]
(2)
An authorized agent must obtain a vehicle release form from the Eastampton
Police Department and present this form to the contractor in order
to take possession of his or her vehicle. The vehicle release form
shall be retained by the contractor. The vehicle release form must
be in possession of the contractor before the claimant is permitted
to retrieve personal belongings from the vehicle, whether or not the
vehicle is being reclaimed at the same time. Reasonable access to
a stored vehicle shall be granted by the contractor at no charge to
the claimant for the purpose of retrieving personal belongings during
normal business hours.
(3)
The contractor shall not charge a service fee to the claimant for:
(a)
The retrieval of personal belongings from a towed/stored vehicle.
(b)
Permission for claimant to visually inspect the vehicle.
(c)
Relocation of the vehicle from the contractor's possession
to the claimant's possession at the contractor's place of
business.
(d)
Any other service that is not specifically authorized by this
chapter.
I.
Debris removal.
(1)
It shall be the responsibility of the contractor to provide for the
cleanup and removal of debris from the scene of any incident that
requires towing and/or recovery service, with the understanding that
the debris to be removed must be a direct result of the incident that
necessitated the services of the contractor.
(2)
The term "debris," as defined herein, shall include but not be limited
to glass, sheet metal, fiberglass, fluids, vehicle components and
other material that may be on a roadway incident site or extended
incident site as a result of the incident.
(3)
The contractor shall be responsible for cleanup of all fluids contained
on a paved roadway which are discharged from a damaged vehicle with
a gross weight of 10,000 pounds or less. Such cleanup shall include
gasoline, diesel fuel, oil, antifreeze solution, and hydraulic, brake,
transmission and other such fluids which can reasonably be anticipated
to discharge from a damaged vehicle. Fluid cleanup and removal shall
be in accordance with the applicable state and federal regulations
for cleanup and remediation. The contractor shall carry on each tow
truck heavy-mil bags for the removal of debris, as well as oil dry
for fluid spills.
(4)
Debris removal shall be completed prior to tow truck departure.
J.
Notification to vehicle owner. It shall be the responsibility of
the Police Department to make written notification, within 72 hours
of removal, to the registered owner, if known, of any vehicle that
is placed into storage under the terms of this chapter. Such notification
shall include, but not be limited to, the following:
A.
Every licensee shall carry insurance as follows:
(1)
Comprehensive automobile liability in an amount not less than $1,000,000
combined single limits.
(2)
Workers' compensation coverage as required by state law.
(3)
Garagekeeper's liability in an amount not less than $60,000
per location.
(4)
Garage liability in an amount not less than $1,000,000 combined single
limits.
(5)
Comprehensive general liability coverage in an amount not less than
$1,000,000 for each person and $3,000,000 for each accident.
(6)
Endorsements providing for collision coverage for vehicles in tow.
(7)
Endorsements incorporating the indemnification provisions set forth in Subsection B of this section.
(8)
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.
All licensees shall hold harmless and indemnify the Township, its officers, employees and agents from any and all liability claims, losses or damages 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 Subsection A of this section.
C.
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.
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 Subsection A of this section. All certificates must provide for 30 days' prior written notice to the Township of policy cancellation or material change.
A.
The Chief of Police shall maintain a list of those tow operator's
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 one year,
said agreement to be prepared by the Township Attorney.
B.
Calls to tow operators on the on-call list shall be made on a nondiscriminatory
rotating basis, pursuant to procedures established by the Chief of
Police. Nothing herein shall prohibit the Chief of Police or his or
her designee 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 25 minutes after notification, the Chief of Police or his or
her designee shall be permitted to summon the next available tow operator.
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.
The fees to be charged for the towing and storage services of automobiles shall be as set forth in § 487-12. The Township shall not be liable for the cost of towing and/or storage services unless those services are performed on a municipal vehicle.
D.
Inclusion on the on-call towing list shall be automatically revoked upon expiration or revocation of the tow operator's license. The Chief of Police may also suspend a licensed tow operator's inclusion on the on-call towing list, for such period of time as he or she 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.
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.
The use of emergency lights is restricted to operation at the scene
of the tow while preparations are being made for vehicle removal from
the tow scene to a place of storage or repair. Operation of emergency
lights is not permitted while a tow vehicle is responding to the scene
of a tow or road service. Disposal of a tow vehicle by the contractor
for which a light permit is issued immediately invalidates the permit,
and it must be returned to the Division of Motor Vehicles.
G.
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.
H.
No vehicle shall be released by the tow operator until the owner,
owner's agent, lienholder or lessor 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 reason of the Township
agreeing that a vehicle be released. Up to 10 vehicles towed at the
request of the Township Police Department must be stored together
at the approved storage facility in side-by-side fashion.
I.
No tow operator shall dispose, destroy, remove, sell or otherwise transfer any vehicle towed at the request of the Township Police Department, unless the vehicle has been transferred to the contractor in accordance with § 487-9E(5).
J.
Prior to commencing any tow, the tow operator shall sign the tow
report prepared by the officer on location acknowledging receipt of
the vehicle.
K.
Upon request of the Township Police Department, the tow operator
shall store a motor vehicle in an inside building, as defined. Vehicles
designated by the Police Department as impounds 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 his or her designee.
L.
The storage facility must provide a minimum of eight hours per day
(9:00 a.m. to 5:00 p.m.), Monday through Friday, except legal holidays,
and between the hours of 9:00 a.m. and 12:00 noon on Saturdays for
reclaiming towed vehicles.
[Amended 1-28-2008 by Ord. No. 2008-02]
M.
In addition to any requirements set forth elsewhere in this chapter,
all approved towing services must have 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.
N.
The owner of any vehicle towed, upon proper proof displayed, shall
have the right to remove any nonattached personal property belonging
to the owner from the stored vehicle unless a "police hold" is indicated
on the tow form. The vehicle owner or representative shall have the
right to take photographs of the vehicle for insurance purposes.
O.
The tow operator shall submit to the Police Department the names,
addresses and driver's license number of all proposed employees
who will render services on behalf of the tow operator. This information
shall be kept current to the Police Department by the licensee. No
driver shall perform services unless listed by the tow operator with
the Police Department.
P.
The service, equipment and personnel are subject to periodic inspections
and approval by the Police Department.
Q.
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.
R.
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 posting of such fees must be made at the storage area,
in easy view of the public.
A.
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:
(1)
Basic towing service fees: days, nights, weekends and holidays (fees
include waiting time, towing, mileage, on-site cleanup and administrative
fees): $95.
(2)
Storage fees: inside or outside (begins at 12:01 a.m. following the
arrival of the vehicle at the storage facility): $30.
(a)
Storage fees shall be for each twenty-four-hour period or fraction
thereof. "Fraction thereof" shall be to the nearest quarter hour.
A new twenty-four-hour period begins at 12:01 a.m.
B.
In no event shall any tow operator charge a towing or storage fee
for private passenger vehicles damaged in an accident or recovered
after being stolen in excess of the fees established by the Department
of Insurance as set forth in N.J.A.C. 11:3-38.1 et seq., or any amendments
or supplements thereto. It shall be the responsibility of the tow
operators to comply with all applicable Department of Insurance rules
and regulations.
C.
This chapter is not intended to set fees for nonbasic towing services
and the storage of vehicles not defined herein as "automobiles." For
all towing services not defined as "basic towing service," the contractor
shall set fees reasonable and customary for the Burlington County
area for the towing and storage of such vehicles. The contractor shall
submit as part of its application or renewal thereof its fee schedule
for the towing and storage of all motor vehicles other than automobiles
which shall be subject to the review and approval of the Township
Council. Council shall have sole discretion in determining reasonable
prevailing rates.
D.
It shall be the contractor's responsibility to comply with all
rules and fee regulations.
E.
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.
F.
When basic towing services are rendered for any automobile, there shall be no additional charges other than those provided for in Subsection A above, including but not limited to flatbedding, waiting time, winching, cleanup costs and additional labor.
G.
Tow vehicles transporting multiple vehicles at one time may charge
the applicable fee for each vehicle transported.
H.
Prior to hookup or flatbedding of a motor vehicle, the tow operator
shall present a copy of its fee schedule to the owner or operator
of the vehicle. The fee schedule shall also contain the name, address
and telephone number of the tow operator and a statement of the hours
when the motor vehicle may be claimed. In the case of an unattended
vehicle, the fee schedule shall be left in a conspicuous area of the
vehicle.
I.
The tow operator shall prepare a written bill for the charges pertaining
to the towing and/or storage services and present it to the claimant
of the vehicle when reclaimed. The bill shall be itemized in detail
as to actual services rendered. The Township shall not be liable to
the tow operator for any of the services performed by the operator,
unless those services are performed for municipal vehicles. The operator
shall proceed directly against the consumer. However, the Township
agrees to conduct an auction of all unclaimed vehicles pursuant to
N.J.S.A. 39:10A-1, and the tow operator's charges for towing
and storage shall be paid from the proceeds of such auction. Each
vehicle auctioned off shall be a separate item for purposes of this
section. The Township shall not be liable for fees in excess of the
bid price of the vehicle. The cost of title fees which the Township
must pay to the State of New Jersey for title certificates and the
auction fees shall be passed onto the purchaser at the time of the
auction even if the contractor is the purchasing party and shall be
in addition to the bid price of each vehicle. Should a vehicle not
sell at auction, the junk title certificate or application for a certificate
of ownership, whichever shall have been issued by the Motor Vehicle
Commission, will be assigned to the operator as recompense for services
rendered and unpaid. A fee of $1 shall be paid to the Township by
the contractor for each application for certificate of ownership so
issued.
The Chief of Police 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 the cause of revocation of
a tow operator's license.
The Chief of Police is hereby designated to enforce the provisions
of this chapter and any applicable rules and regulations.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be subject to the penalty set forth in Chapter 1, Article II, Penalties for Violations, of the Township Code, and each day any such violation shall continue shall be deemed to be a separate and distinct offense.
