[HISTORY: Adopted by the Township Council of the Township
of Willingboro 1-10-2006 by Ord. No. 2005-17. Amendments noted
where applicable.]
A.
Pursuant to and in accordance with the terms of N.J.S.A. 40:48-2.49,
the Township hereby regulates the removal of motor vehicles from public
property by operators engaged in such practice and establishes the
fees to be charged for said removal and storage, as well as penalties
for any violations thereof. It is the express policy of the Township
that no qualified applicant shall be excluded from this program or
denied approval on the basis of race, religion, gender or national
origin or be in any other way discriminated against unlawfully.
B.
This chapter shall apply to all motor vehicle towing and storage
operations performed at the request of the Township of Willingboro.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle of a private passenger, sport utility or
station wagon type that is owned or leased 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 owner(s).
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.
Any vehicle other than that as defined as an "automobile"
pursuant to the definitions as contained in this chapter.
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.
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 accidental as to the owner or operator
of the motor vehicle, even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the owner or operator
of the motor vehicle.
A person who is in physical control of a vehicle.
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high. The facility is to be lighted at night.
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 building" or "outside
secured."
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.
The Township of Willingboro.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business, where
the tow vehicle is stationed when not in use.
Any operation in which a vehicle is moved onto a roadway
from a position off the roadway, or any operation in which substantial
work is required to prepare a vehicle for normal towing.
A.
The Township Council shall appoint persons or companies meeting the
criteria set forth in this chapter and engaged in the business of
offering the services of a motor vehicle towing or wrecker service,
whereby damaged or disabled motor vehicles are towed or otherwise
removed from the place where they are damaged or disabled, by use
of a tow vehicle, as defined in this chapter. Such persons or companies
shall be known as "official towers."
B.
Official towers shall be identified by means of a license that shall
be issued in accordance with the provisions of this chapter.
C.
Not less than 75 days prior to the beginning of each three-year term
of an official tower's license, the Township shall advertise
for applications for towing licenses for providing towing services
pursuant to this chapter. The advertisement shall be published in
the legal newspapers of the Township.
D.
All applicants shall submit their applications at least 60 days prior
to the commencement date for each three-year period, and the applications
shall be reviewed in accordance with the procedures set forth in this
chapter. The award of a license to the successful applicants shall
be subject to compliance with the license requirements of this chapter.
E.
For the purposes of the licenses to be awarded, pursuant to this
chapter, in the year in which it is adopted, the initial term of the
license shall be from the date the license is issued until December
31, 2005. Licenses issued thereafter shall be for a three-year period
commencing on January 1 of the year in which it was issued and terminating
three years thereafter.
F.
Notwithstanding the provisions of this chapter that provide for a
three-year term of the license, official towers shall submit, no later
than December 1 of each year that the towing license is in effect,
a detailed certification certifying that the official tower meets
the requirements of this chapter in regard to the issuance of licenses.
Said certification shall be submitted to the Willingboro Police Department
for review and approval by the designated administrative officers.
Failure to submit the certification or failure to continue to abide
by the requirements of this chapter in regard to the issuance of a
towing license shall subject the official tower to revocation of the
license in accordance with the procedures contained herein.
A.
Official towers shall furnish adequate and proper wrecking, towing,
storage and emergency repair services to motor vehicles damaged or
disabled within the limits of the Township, when requested to do so
by the Township of Willingboro Police Department's authorized
designee.
B.
No official tower shall subcontract any work to be performed pursuant
to this chapter except in an emergency situation. The Township of
Willingboro will, within reasonable discretion, maintain objective
guidelines on file as to emergencies and use of subcontractors. Any
official tower shall be responsible for the services performed by
the subcontractor and shall remain liable for any violation of this
chapter by the subcontractor.
A.
Applications for inclusion on the official tower's list shall be
made to the Township Council upon a form prepared by the Police Department
and approved by the Township Attorney and shall contain all of the
following information:
(1)
The name, residence and business address and telephone number of
the owner of the towing company. If the owner is a corporation, the
application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)
Such information as may be required by the Township Council concerning
the personnel, vehicles, equipment and storage facilities of such
applicant, as hereinafter provided, showing that the applicant meets
the minimum standards of performance.
(3)
Policies or certificates of insurance coverage as hereinafter provided.
(4)
The names and addresses of two business references who have known
the applicant for at least two years.
(5)
Certification that the applicant will be able to provide towing services
anywhere in the Township with a maximum response time of 20 minutes,
except when extraordinary circumstances occur.
(6)
Certification that the applicant will be available for service on
business premises 24 hours a day, seven days a week, and that they
will abide by the fees contained in or referred to in this chapter.
(7)
Consent to certification that will consent to appointment of the
Township Clerk as the applicant's true and lawful attorney for
the purpose of acknowledging service out of any court of competent
jurisdiction to be served against the applicant.
(8)
A sketch plan showing the location of the storage area, the number
of cars that can be stored and the total square footage area of the
storage area.
(9)
Agreement to abide by the general rules and regulations established
by the Police Department in connection with towing procedures within
the Township.
B.
The applicant shall submit completed duplicate applications to the
Township Manager, who shall forward a copy to the Public Safety Director
for his review and approval. The review by the Township of Willingboro
Police Department shall consist of the following:
(1)
A background check to determine if either the applicant or the applicant's
personnel have been convicted of a criminal offense or have had their
driver's licenses suspended or revoked within the past year.
Conviction of a criminal offense or suspension of driver's license
within the past year shall be a cause for disqualification from inclusion
on the official tower's list.
(2)
An inspection of the personnel, vehicles, equipment and storage area
proposed to be utilized by the applicant to verify the accuracy of
the information contained in the application and to determine compliance
with applicable laws and regulations and the standards of performance
required by this chapter.
C.
An applicant may be included on the official tower's list by the
Township Council, by resolution adopted at a regular public meeting,
when, from a consideration of the application and from such other
information as may otherwise be obtained, it finds that all of the
following circumstances exist:
(1)
The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statements of material fact in the
application or in any other document required pursuant to this chapter.
(2)
The applicant has met the standards in this chapter and has forwarded
the required hold harmless agreement and policies or certificates
of insurance, which shall be reviewed and approved by the Township's
risk management consultant.
(3)
The application has been reviewed and approved by the Police Department
designee.
(4)
Neither the applicant nor the applicant's personnel have been
convicted of a criminal offense or had their driver's license
suspended within the past year.
D.
The Willingboro Police Department shall conduct a review and render
a report to the Township Council, recommending either approval or
denial of the application, within 45 days of receipt of the application.
The Township Council shall take action with regard to the application
within 45 days of receipt of the report of the Police Department.
The applicant, or its representative, shall be given notice of the
date on which the Township Council will consider the application and
shall be permitted to appear and be heard at that time.
E.
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Township Council.
F.
If the Township Council fails to take action within 60 days of receipt
of a complete application, the application shall be deemed to have
been denied.
G.
Applicants and/or operators shall be rejected if deficiencies are
disclosed or verified as follows:
(1)
Inaccurate information on the application form.
(2)
Unsatisfactory County Consumer Affairs Office report.
(3)
Lack of experience and/or has unsatisfactory references for the applicant's
towing or storage service.
(4)
Lack of available qualified personnel to carry out the duties of
a tow operator or storage service.
(5)
Lack of proper business/trade licenses.
(6)
Unavailable or inappropriate tow vehicle for the services required.
(7)
Failure to provide service on a twenty-four-hour, seven-day-a-week
basis.
(8)
Failure to maintain a communication system between the dispatch center
and tow vehicles on a twenty-four-hour basis.
(9)
Failure to provide evidence of adequate insurance.
(10)
Criminal conviction of the operator or tow company employees,
unless waived for cause by the Director of Police.
A.
Upon approval of the application as herein provided, the Township
Manager shall issue the applicant an official tower's license to be
utilized in providing services pursuant to this chapter.
B.
Said licenses shall be in a form approved by the Township Council.
C.
The licenses shall be valid for the three-year period as set forth
in this chapter, shall be nontransferable and shall be subject to
revocation by the Township Council for any of the following reasons,
subject to the proceeding below:
(1)
If it is subsequently determined that the applicant knowingly and
with 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)
Violation of any federal or state law or municipal ordinance or regulation
relating to the operation of a motor vehicle or the provision of towing
services.
(3)
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance.
(4)
Unsatisfactory service provided pursuant to this chapter.
D.
The license fee for the license issued under this chapter shall be $100 per license per vehicle. The fee for the annual review of certification and inspection of vehicles and equipment submitted by the official tower pursuant to § 350-3F of this chapter shall be $50.
E.
Licenses shall not be transferable without the consent of the Township
Council, if the licensee demonstrates that the transferee complies
with all of the requirements of this chapter.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available to render
services required by this chapter a minimum of one regular tow vehicle,
one flatbed vehicle and one heavy-duty wrecker.
(2)
Vehicle classes.
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a dolly assembly, a tow sling or wheel lift
assembly at least 100 feet of either 3/8 inch or 7/16 inch cable attached
to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate transporting of
vehicles.
(3)
Every official tower shall have available a heavy-duty wrecker, and
under-reach shall be rated at 35,000 pounds and shall be capable of
towing new-style buses and trucks with fiberglass front ends.
(4)
All equipment shall comply with all state and federal regulations,
and all vehicle operators shall possess a CDL license for over 18,000
pounds.
(5)
Each applicant shall submit, along with its application, proof of
ownership, lease or other written agreement demonstrating availability
as needed of the vehicles which will be utilized to provide services
pursuant to this chapter.
B.
Minimum equipment requirements.
(1)
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber-colored.
(d)
Extra chains and cable for pulling or securing a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar or prybar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of an accident or behind a disabled
vehicle, at least 40 pounds of dry sand or a drying compound for gasoline
and oil spilled onto the roadway and a container of sufficient size
to remove the used compound, a sufficient quantity and types of tools
to enable the tow operator to perform proper and adequate emergency
repair services for the tow.
(2)
Every tow vehicle or flatbed vehicle shall comply with any and all
state, federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Police Department at any time. No changes
may be made in said vehicles or equipment unless prior written approval
is obtained from the Township.
(3)
Every tow vehicle or flatbed vehicle shall display the official tower's
license and shall have the name of the official tower displayed on
the vehicle in such manner and of such lettering as conforms to the
provisions of N.J.S.A. 39:4-46.
(4)
All towing operators' trucks must be equipped with either two-way
radio and/or mobile telephone communications equipment with their
principal place of business, including their garage and/or office
facilities, to ensure the proper availability of services and equipment
on behalf of the Township and motorists.
C.
Minimum personnel requirements; availability and response time.
(1)
Official towers shall have available, at all times, a minimum of
two persons to provide the services required by this chapter. All
persons employed by official towers to provide the services required
by this chapter shall meet the following requirements and be subject
to the following regulations. They shall:
(a)
Be competent mechanics able to provide minimum road service
for disabled vehicles;
(b)
Have a valid driver's license having no restrictions or
conditional endorsements other than a condition requiring the wearing
of eyeglasses;
(c)
Be mentally alert and present a neat appearance at all times;
(d)
Obey all traffic laws and regulations;
(e)
Be subject to inspection by the Police Department of the Township
and shall be approved by the Township prior to rendering any services
pursuant to this chapter.
(f)
Not have been convicted of a crime nor had their driving privileges
suspended or revoked within the past year.
(2)
Employees of the towing operator, in responding to a call, shall
request and be afforded police assistance during the course of providing
towing, emergency road services or removal of abandoned or accident
vehicles when such employees find it necessary to turn around, back
up, tow in the opposite direction of traffic, or cross the median.
(3)
A towing operator shall not permit a vehicle to be removed from the
site of a vehicular accident, the scene of a crime or any other instance
or situation without the prior approval and permission of a police
officer and/or superior at the scene.
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an outside secured storage area
meeting the following requirements:
(a)
The storage area shall be capable of storing a minimum of six
passenger vehicles and one tractor and trailer. The area shall have
at least 800 square feet of storage facilities to hold and protect
police hold vehicles.
(b)
The location of the towing facility and storage area shall be
within a two-mile radius from the Township of Willingboro Municipal
Building or located within a municipality which is contiguous with
the Township of Willingboro's border. This location is established
to ensure reasonable response and towing distances.
(c)
The storage area shall be fully enclosed by a sturdy fence having
a minimum height of six feet, with at least one lockable gate for
ingress and egress, and shall be lighted from dusk to dawn.
(d)
The storage area shall be in an area legally zoned for such
use.
(e)
The storage facility shall be available 24 hours a day, 365
days per year, and shall be open to the public on weekdays during
normal business hours and for four hours on Saturdays. The applicant
shall specify the hours on which the facility will be open on Saturdays.
The applicant is not required to be open on Sundays.
(f)
The official tower shall have an employee on duty during all
hours in which the storage facility is open.
(g)
The official tower shall not charge a release fee or other charge
for releasing vehicles to their owners after normal business hours
or on weekends.
(h)
The applicant shall, with its application, submit proof of ownership
or lease of the storage area.
(i)
The official tower shall be responsible for ensuring the proper
and safe storage of all vehicles towed pursuant to this chapter. The
official tower shall be liable for any damage incurred by such vehicles
while in transit to or while stored in the storage areas.
A.
Official towers shall be placed on the official tower's list at the
beginning of each year in accordance with the procedures as set forth
in this chapter. The official towers shall rotate on the list for
one week at a time or for such a period as designated by the Township
of Willingboro. The one-week rotation shall commence at 12:00 midnight
on Sunday and terminate at 11:59 p.m. the following Saturday.
B.
The Township shall request wrecking, towing and storage services
from each official tower in rotation. When called, the tower shall
advise the dispatcher if a vehicle is available and the estimated
time of arrival. If no tow vehicle is available or if, in the discretion
of the Township official making the request, the response time is
insufficient under the circumstances to properly protect the public
health, safety or welfare, the next official tower on the list shall
be called for that particular towing event. The official tower who
is at the top of the list, however, shall remain on the top of the
list for any subsequent calls until that tower's one-week period at
the top of the list is finished.
C.
All requests for service shall be made by the Police Department.
D.
The Police Department shall request service only from official towers;
provided, however, that if no emergency or imminent road hazard exists,
the Township shall request such service from such other person as
the owner of the motor vehicle in need of such services may request;
and provided further that, if none of the official towers are available
or able to provide such services as are requested by the Township,
or if an emergency exists, the Township may request such services
from any other available source.
E.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Township over any other requests which may be received by the official
towers.
The applicant 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, fees, costs, expenses, fines or penalties
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
provisions of towing, wrecking, storage and/or emergency services
provided at the request of the Township pursuant to this chapter.
Official towers shall enter into a hold harmless agreement in a form
to be prepared by the Township Attorney prior to being included on
the official tower's list.
A.
The tower
shall maintain, during the life of its license, insurance policies
of the type and with the minimum limits indicated below and in a form
satisfactory to the Township. The tower shall provide a certified
copy of the policies and/or certificates of insurance satisfactory
to the Township prior to commencement of work. All policies and/or
certificates shall be submitted to the Township risk management consultant
for review and approval.
(1)
Garage liability insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence, including premises operations and products/completed
operations.
(2)
Automobile liability insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence.
(3)
Garagekeepers insurance. Physical damage insurance policies shall
be specifically endorsed to provide direct primary insurance, where
applicable, for vehicles in tow, possessed or stored on property owned
or controlled by the tower. Limit of said coverage shall be not less
than $100,000 per location.
(4)
Excess umbrella insurance. Limit of liability shall be not less than $1,000,000, providing protection in excess of the one-million-dollar garage and auto liability coverage. Note: This requirement may be waived if the limits of liability in Subsection A(1) and (2) are not less than $2,000,000 combined single limit.
(5)
Workers
compensation insurance. New Jersey statutory coverage, including employers
liability coverage, shall be provided.
B.
On all liability policies, the Township shall be added as an additional
insured, and insurance policies and/or certificates shall indicate
such coverage as primary coverage notwithstanding any insurance carried
by the Township.
C.
The tower shall indemnify the Township and the public against any
loss due to injuries, accident or damages of any character whatsoever
where any such damage is the result of an act or omission of the tower,
his agents or employees in or due to the execution of the work called
for under the contract.
D.
Certified copies of all insurance policies provided above or certificates
thereof satisfactory to the Township of Willingboro shall be furnished
forthwith. Each such policy or certificate shall contain a provision
that it is not subject to material change, cancellation or nonrenewal
unless 30 days' prior written notice via certified mail/return receipt
shall have been given to the Township of Willingboro by the tower's
insurer. These must be received 30 days prior to commencement of work.
E.
The providing of any insurance required herein does not relieve the
tower of any of the responsibilities or obligations assumed by the
tower for which the tower may be liable by law or otherwise.
F.
If any policies contain deductible or copayments, it shall be the
responsibility of the tower to pay such sums at the same time a claim
is settled by the tower's insurance company.
G.
If any policies contain limits of liability with an aggregate limit,
the tower or tower's insurance company shall provide the Township,
quarterly, during the policy period, a statement evidencing the limits
of liability required under the contract to be in force.
H.
Failure to provide and continue in force such insurance as required
above shall be deemed a material breach of the contract and shall
cause an immediate termination thereof.
I.
All policies shall be written in either a company licensed to do
business in the State of New Jersey or a New Jersey eligible Surplus
Lines Company, with a minimum Best rating of A-VII (A minus seven).
They shall be written on an ISO (Insurance Services Office) form or
better.
J.
Policies must be endorsed to provide collision coverage for vehicles
in tow.
K.
Proof of the above insurance shall be provided at the time of application.
A.
Fees for towing and storage of private passenger vehicles, damaged
in an accident or recovered after being stolen, may not exceed the
fees established by the New Jersey Department of Banking and Insurance
pursuant to N.J.S.A. 17:33B-47[1] and as set forth in Subchapter 38 of N.J.A.C., Sections
11:3-38.3 and 11:3-38.67,[2] and the amendments and supplements thereto, which are
hereby incorporated by reference.
(2)
The following is the fee schedule for storage: $15 per day (maximum).
(3)
Pursuant to law, the fee schedules shall be reviewed by the New Jersey
Commissioner of Insurance on an annual basis and may be revised if
necessary. In the event the above schedules are revised by the Commissioner
of Insurance, the revised fees shall be the maximum fees that may
be charged by official towers, and this chapter shall be deemed amended
accordingly.
B.
Fees for towing and storage or private passenger vehicles, other than those damaged in an accident or recovered after being stolen, shall be the same as those set forth in Subsection A if the official tower is called to the scene by the Police Department of the Township of Willingboro in accordance with this chapter. Any other towing services to private passenger vehicles not involved in accidents or recovered after being stolen when requested privately by individuals shall be at the rates as agreed to between the individual and the tower.
C.
Fees for all other types of vehicles other than private passenger vehicles, pursuant to Subsections A and B of this section, shall be determined in accordance with this subsection:
(1)
The following is the fee schedule for towing of Class 1 and Class
2 vehicles during day and night:
|
Class 1
|
Class 2
| |||
|---|---|---|---|---|
|
All Vehicles
6,000 to 16,000 Pounds GVW
|
All Vehicles
16,000 to 80,000 Pounds GVW
| |||
|
Days:
| ||||
|
Standard tow
|
$100
|
$150
| ||
|
Wheel lift
|
$125
|
$175
| ||
|
Flatbed
|
$150
|
$200
| ||
|
Nights:
| ||||
|
Standard tow
|
$125
|
$175
| ||
|
Wheel lift
|
$150
|
$200
| ||
|
Flatbed
|
$175
|
$225
| ||
(2)
The following is the fee schedule for storage services per day:
|
Facility
|
Class 1
All Vehicles
6,000 to 16,000 Pounds GVW
|
Class 2
All Vehicles
16,000 to 80,000 Pounds GVW
| |
|---|---|---|---|
|
Inside building-storage facility capacity
|
$25
|
$50
| |
|
Outside building-storage facility capacity
|
$25
|
$50
|
(3)
The fees set forth for nonpassenger vehicles in this section are
the maximum charges that shall apply for basic towing services. The
official towers, however, shall be allowed for winching and wrecking
services over and above the basic towing services an additional $50
per hour for a light-duty wrecker, $100 per hour for a medium wrecker
and $150 per hour for a heavy-duty wrecker. There shall be no additional
charges for any other services, including but not limited to waiting
time, cleanup costs and additional labor, when only basic towing services,
as defined, are provided.
(4)
The fees set forth in Subsections A and B of this section for towing rates are the maximum charges that shall apply to a private passenger automobile for basic towing services. There shall be no additional charges other than those provided herein, including, but not limited to, flatbedding, waiting time, winching, cleanup costs and additional labor, when only basic towing services, as defined, are provided. The official towers, however, shall be allowed to charge for services other than basic towing services as defined in this chapter the sum of $25 per hour for any additional winching service required over and above the basic towing services when removing a vehicle 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. In addition, the official towers may charge a flat fee of $30 for any road service for private passenger vehicles which do not need to be towed.
(a)
Tow vehicles transporting multiple passenger cars at one time
shall receive the applicable fees for each vehicle transported.
D.
The fees set forth on the schedule for storage fees are the maximum
storage charges per twenty-four-hour period that shall apply to a
private passenger automobile that is stored by a person.
A.
Copies of this chapter and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at the Township Municipal Building and Police Department.
Copies shall also be made available to the public at each official
tower's place of business.
B.
All official towers shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of the fees that may
be charged for all services provided pursuant to this chapter.
C.
The Township reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all official
towers.
D.
The relationship between an official tower and the Township is one
of an independent contractor. Neither party shall be construed in
any manner whatsoever to be an employee of the other, nor shall any
employee or agent furnished by any party be construed to be an employee
or agent of the other party. Inclusion on the official tower's
list shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit-sharing agreement.
E.
The municipality shall not be liable or responsible for compensating
the official towers for any of the services performed under this chapter
unless those services are performed for the Township vehicles. Compensation
shall be the responsibility of the owner of the towed motor vehicle,
and the official tower shall proceed directly against the owner.
F.
The official tower shall, at all times, be solely responsible for
the conduct of its employees. No licensee shall discriminate as to
hiring or employment practices. Licensees shall be required to sign
a nondiscrimination statement.
G.
Each official tower shall keep and maintain adequate and complete
records showing all vehicles towed, stored and released, all services
rendered and all fees charged and collected. All records shall be
available for inspection by the Township at any time during normal
business hours. Records shall be kept and maintained by the official
tower at one central location and shall be retained for a period of
seven years. Records may be written, printed or computerized, as long
as the requirements of this subsection are met.
H.
The official tower shall comply with all state and federal laws and
regulations concerning wages, hours and terms of employment.
A.
In the event a complaint is received by the Township of Willingboro
involving the improper or unsatisfactory performance of services by
an official tower in violation of this chapter, excessive charges
or damage to a motor vehicle while in custody of the tower, written
notice of same shall be provided by the Township Manager to the official
tower involved. The tower shall have the opportunity to respond, in
writing, within seven days.
B.
Within 14 days of receipt of the tower's response, or within
21 days of receipt of the complaint, if no response is received, the
matter shall be presented by the Township Manager to the Township
Council.
C.
The Township Council shall, thereafter, consider the matter at the
regular public meeting and may request that the complainant and the
tower involved appear and give testimony regarding the complaint.
D.
After considering the matter and the evidence presented, the Township
Council shall make certain findings and conclusions relative to the
complaint, which shall constitute its decision. If the Council finds
in favor of the complainant and against the official tower, the Council
may consider and impose the following penalties:
(1)
Suspension of the official tower's license;
(2)
Revocation of such license for a fixed period or duration;
(3)
Permanent revocation of the official tower's license;
(4)
Such other penalty as the Township Council deems just and appropriate
under the circumstances. In considering the imposition of a suspension,
revocation or other penalty, the Council shall take into account factors
including, but not limited to, any prior violations of the tower,
the nature and seriousness of the complaint and the danger to the
health, safety and welfare of the public.
E.
Failure to surrender the license upon revocation shall constitute
a violation of this chapter.
F.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction.
A.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $1,000,
and each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
B.
In addition to the fine provided above, a violation of any of the
provisions of this chapter shall be cause for suspension or revocation
of the official tower's license.
C.
The Township Police Department or any member thereof is hereby declared
to be the enforcement agency of this chapter in accordance with due
process of law.
