[Adopted 11-16-2011 by Ord. No. 15-11]
A.
It is the purpose of this article to provide nonexclusionary and
nondiscriminatory regulations governing the removal of motor vehicles
from private or public property on a rotating basis and for the subsequent
storage of such vehicles following removal, all as provided by N.J.S.A.
40A:11-5(1)(u).
B.
It is also the goal to provide the best possible service for motorists
traveling the roadways of Harding Township. In keeping with this goal,
it is necessary to establish a permitting process to assure that only
responsible, professional towing operators are permitted to operate
within the Township and provide safe and efficient service for motorists
whose vehicles are in need of towing and roadside services.
As used in this article, the following terms shall have the
meanings indicated:
An individual or a legally formed business entity that seeks
to obtain a license from the Township to furnish tow truck or wrecker
services within the Township pursuant to this article.
Towing, as defined in this section, and other ancillary services
as may be specified by the Director by regulation.
A natural person.
STANDARD SITE CLEAN UPRefers to the amount of debris removal that should reasonably be anticipated at the scene of a motor vehicle accident or incident. The standard site cleanup is usually defined to the point of impact, the final resting point of the vehicle and the associated debris field.
EXTENDED SITE CLEANUPRefers to the removal of debris at the point of impact, as well as along the path of pre-impact and or post-impact, where vehicle disintegration and/or other property damage occurs as a result of the motor vehicle accident or incident.
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a tower but prior to the vehicle actually
having been moved or removed from the property.
The Director of the Division of Consumer Affairs.
The Division of Consumer Affairs in the Department of Law
and Public Safety.
A surcharge applied to a towing bill when the cost of fuel
is over a predetermined amount.
A gross weight of at least 26,000 pounds.
The additional work done at the scene by the tow truck operator,
which is beyond that required to perform a basic tow, or any additional
manpower needed to complete a recovery, winching or towing a vehicle.
Labor charged for additional manpower shall be based on a per-man,
per-hour basis.
The applicant's lease of a vehicle through a leasing company,
and showing the applicant on the registration as the owner or lessee.
If the registration is such that the lessee is not listed, the applicant
will be required to provide lease agreement documents.
A gross weight of less than 26,000 pounds.
Includes all vehicles propelled other than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles, motorized scooters, motorized wheelchairs and motorized
skateboards.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
An individual, sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
The Police Department of Harding Township or of any jurisdiction
in the subject matter.
The business office of an applicant, where the applicant
shall conduct business associated with the towing and storage of vehicles
under the authority of the Harding Township police.
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a consumer's motor vehicle
that is parked illegally, parked during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
A person offering or performing private property towing services.
A service provided at the scene to enable a vehicle to be
driven away, including but not limited to changing of a flat tire,
jump-start of a vehicle or the delivery of fuel. There will be a separate
charge for the fuel at its face value.
A storage facility that is either completely indoors or is
surrounded by a fence, wall or other man-made barrier that is at least
six feet high and is lighted from dusk to dawn.
The moving or removing from public or private property or
from a storage facility by a motor vehicle of a consumer's motor vehicle
that is damaged as a result of an accident or otherwise disabled,
recovered after being stolen or is parked illegally or otherwise without
authorization, parked during a time at which such parking is not permitted
or otherwise parked without authorization, or the immobilization of
or preparation for moving or removing of such motor vehicle, for which
a service charge is made, either directly or indirectly. Dues or other
charges of clubs or associations which provide towing services to
club or association members shall not be considered a service charge
for purposes of this definition.
A rotating list of all individual towers meeting the requirements
set forth hereunder. Contractors will remain on the list for a period
of three years, provided they continue to meet the requirements set
forth in this chapter and in their contracts, or until earlier removed
from the list as provided hereunder or thereunder.
Any device in, upon or by which a person or property is or
may be transported upon a highway.
The time a towing operator has equipment and personnel waiting
at a scene to perform a towing operation.
The process of moving a vehicle by the use of the wire rope
of the tow truck, from a position that is not accessible for direct
hookup by a conventional means for loading onto a tow vehicle. Winching
shall not mean pulling a vehicle onto a flatbed or carrier or lifting
of a vehicle with a conventional tow truck.
The relocation of a vehicle from the towing operator's storage
facility to a public roadway for the removal by another towing company.
It shall not apply to vehicles that are capable of being driven from
the storage facility to the roadway.
A.
All applications to be placed on the towing list shall be submitted
to the Chief of the Harding Township Police Department on the application
form developed by the Police Department.
B.
Minimum standards of operator performance. All applicants must be
able to meet the following minimum standards of performance:
(1)
Applicants must be appropriately licensed by the State of New Jersey.
(2)
Applicants must be able to reach the scene of a vehicle to be towed
within 20 minutes (day or night, weekends and holidays).
(3)
Applicants must be equipped to provide service during their scheduled type of duty, as defined by § 250-32, for all requests given; there will be no assigning of calls or subcontracting of calls by the towing vendor.
(4)
Applicants and all of their drivers/operators must submit to a criminal
background check by the Township Police Department. No applicant,
or any of its drivers or agents (including office personnel/dispatchers),
performing services for the Township of Harding Police Department
shall have received any type of criminal conviction within the last
seven years. Any applicant found in violation of this section may
be cause for immediate removal off the wrecker service list.
(5)
Employees of the towing vendor shall carry with them a photo ID,
which identifies them as employees of the vendor, and shall produce
said photo ID upon the request of the operators or owners of vehicles
upon which services are to be performed.
(6)
Each light-duty driver must obtain certification from a nationally
recognized organization. Proof of certification is to be submitted
at the time of initial wrecker service application, or when hired
by the towing service.
(7)
Each heavy-duty driver must obtain certification from a nationally
recognized organization. Proof of certification is to be submitted
at the time of initial wrecker service application, or when hired
by the towing service.
(9)
With respect to the storage of towed vehicles:
(a)
The applicant shall demonstrate sufficient storage capacity
for a minimum of five vehicles. Storage area shall be at the applicant's
place of business. Storage area shall be fenced, secured and lighted
at night and shall meet the minimum criteria as defined in the definitions
section under "secure storage facility."
(b)
The applicant shall accept responsibility for the safe storage
of towed vehicles.
(c)
The applicant shall have access to a storage facility 24 hours
a day, 365 days per year, and shall provide access to the public to
such facility during normal business hours.
(d)
All towing services shall be capable of providing reasonable
roadside services to disabled vehicles, such as but not limited to
jump-starting, the changing of flat tires, and providing motor fuel.
Such services will only be performed if they can be done so safely,
as determined by the police officer on scene.
(e)
The applicant must have its principal location (as defined in
the definitions) as well as storage facility located within eight
"driving" miles of the Harding Township Police Department, located
at 21 Blue Mill Road, New Vernon.
(f)
The applicant must be able to provide inside, secure storage
when requested by the Harding Township Police Department. Inside storage
shall be of sufficient size to accommodate two private passenger vehicles,
or a box-type truck, or a tractor.
(g)
The storage lot must display a certificate of occupancy for
automotive-related use from the resident community, where applicable,
issued to the vendor or applicant.
(10)
Applicants must agree that, in addition to towing services,
they will provide limited site cleanup of glass, debris, etc., at
the site such that the roadway will be safe to travel and no unsightly
material will be left on the roadside.
(11)
Applicants must provide proof of adequate insurance as provided
in this article.
(12)
The towing service owner, or its authorized representative,
shall sign the registration application form indicating that the full
requirements set forth in this section have been met by the towing
service applicant.
(13)
An application for tow truck registration shall contain the
following information:
(a)
The name and address of the towing company's principal owner
or owners;
(b)
The address of the principal business office of the towing company;
(c)
The location of any garage, parking lot, or other storage area
where motor vehicles or other objects moved by the towing company
may be stored or placed.
(14)
A valid certificate of insurance and a schedule of insured vehicles that are to be utilized by the towing company, from an insurer authorized to do business in New Jersey, as set forth in § 250-30, shall be provided.
(15)
Each piece of equipment must meet the minimum standards set
forth herein. Equipment that cannot meet these standards shall not
be used to service towing requests by the Harding Township Police
Department. The towing vendor is solely responsible for the safety,
maintenance, and operation of equipment utilized. The vendor shall
provide two light-duty vehicles, one of which must be four-wheel drive,
three rollback/flatbed vehicles, one heavy-duty wrecker, one extra-heavy-duty
wrecker, one semi-tractor with fifth wheel, one lowboy/landall-type
equipment-hauling trailer, and one specialized recovery vehicle.
(a)
Light-duty wrecker. A light-duty wrecker should have a minimum
chassis rating of 15,000 pounds and be equipped with a hydraulic boom
rated for four tons, three-thousand-pound minimum wheel-lift capacity,
and with dual hydraulic winches each with an eight-thousand-pound
capacity.
(b)
Rollback truck. A rollback/flatbed tow truck shall have a minimum
gross vehicle weight (rating of 25,500 pounds), be equipped with a
hydraulic wheel-lift with a minimum three-thousand-pound capacity,
and be capable of safely transporting two vehicles at once.
(c)
Heavy-duty wrecker. A heavy-duty wrecker shall have a minimum
chassis rating of 53,000 pounds and be equipped with a hydraulic boom
rated at 25 tons, dual hydraulic winches, and a hydraulic underreach
with a minimum forty-five-thousand-pound lift capacity, and have tandem
rear axles (two rear axles).
(d)
Extra-heavy-duty wrecker. An extra-heavy-duty wrecker should
have a minimum rating of 66,000 pounds and have a hydraulic boom capacity
of 50 tons, dual hydraulic winches, and a hydraulic underreach with
a minimum lift capacity of 55,000 pounds, and tandem rear axles (two
rear axles).
(e)
Semi-tractor. This tractor shall have a minimum gross vehicle
weight rating of 80,000 pounds, a fifth wheel plate, and tandem rear
axles, (two rear axles).
(f)
Lowboy/landall-type trailer .The trailer should be an equipment-hauling
trailer with a minimum hauling capacity of 70,000 pounds.
(g)
Specialized recovery vehicle. A specialized recovery vehicle
shall be equipped with a hydraulic three-hundred-sixty-degree rotating
boom/crane which can vertically lift and recover a minimum of 17,000
pounds retracted at nine feet and vertically lift and recover a minimum
of 4,000 pounds at the extension of the hydraulic boom/crane of 34
feet. The vehicle should be equipped with any necessary straps, chains,
safety equipment and lighting.
(16)
Documentation of the manufacturer's gross vehicle weight rating
for each tow truck shall be made available to the Harding Township
Police Department upon request.
(17)
No equipment shall be subcontracted by the applicant/vendor.
(18)
All tow trucks shall be equipped with brooms and shovels, speedy
dry/absorbent, all necessary chains and straps, snatch blocks, safety
chains or safety straps, two-way radio or cell phone, jumper cables,
fire extinguisher, first-aid kit, gas can, lockout tools, lug wrench
and jack, road flares or triangles, assortment of tools, floodlights/work
lights to the rear of the wrecker, assortment of wood blocks and boards,
and amber emergency lights – with a proper amber light permit
from the State of New Jersey (copy of to be submitted with application).
(19)
All applicants/vendors shall verify a minimum of five years
of towing-for-hire experience, as well as emergency response municipal
towing and recovery, as either an owner or principal. Verification
will be done by the Chief of Police or his/her designee.
A.
A towing company shall carry insurance of the following types, with
the minimum policy limits noted for each type:
(1)
In the case of each light-medium-duty tow truck, motor vehicle liability
insurance coverage for the death of, or injury to, persons and damage
to property for each accident or occurrence in the amount of at least
$1,000,000 single limit; and in the case of each heavy-duty tow truck,
motor vehicle liability insurance coverage for the death of or injury
to persons and damage to property for each accident or occurrence
in the amount of at least $1,000,000 single limit.
(2)
Workers' compensation in the minimum amounts required by law, with
coverage limits of at least $100,000 each accident, $100,000 each
employee for disease, and $500,000 policy limit for disease.
(3)
Garagekeepers' liability insurance of at least $75,000 per location.
(4)
Garage liability insurance in an amount of $75,000 combined single
limit coverage.
(5)
Excess or umbrella for a limit of $5,000,000 each occurrence and
aggregate, giving protection in excess of the $1,000,000 auto and
garage liability coverage.
B.
Policies shall be endorsed to provide for collision coverage for
vehicles in tow.
C.
The Township of Harding shall be named as an additional insured on
all policies.
D.
Proof of coverage shall be provided to the Township, and the policies
shall provide that the Township be notified in the event of the wrecker
service's failure to pay premiums or in the event of cancellation,
termination or revision of the policies or amounts of coverage.
E.
In the event the Township deems, in its discretion, that appropriate
coverage is not in place, the contractor shall be so advised and shall
be removed from the towing list until such time as appropriate coverage
is restored.
The contractor shall agree to indemnify and hold the Township,
its officers, appointees, employees, representatives or agents, whether
paid or unpaid (including, without limitation, members of the Township
Police Department), harmless against any and all liability or claims
of liability for damage or injury to persons or property resulting
from the towing services provided by the contractor pursuant hereto,
with the exception of damage or injury to persons or property resulting
solely from the willful or negligent acts or omissions of such officers,
appointees, employees, representatives or agents.
A.
The Police Department shall compile and maintain four lists of all
licensees as provided within this section, designated as follows:
(1)
Light-duty motor vehicle accident: vehicles having a gross vehicle
weight of 8,000 pounds or less, towed as a result of a motor vehicle
accident.
(2)
Light-duty miscellaneous: vehicles having a gross vehicle weight
of 8,000 pounds or less, towed for impounds, disabled road service,
vehicle fires or other reasons.
(3)
Heavy-duty motor vehicle accident: vehicles having a gross weight
of greater than 8,000 pounds, towed as a result of a motor vehicle
accident.
(4)
Heavy-duty miscellaneous: vehicles having a gross weight of greater
than 8,000 pounds, towed for impounds, disabled road service, vehicle
fire or other reasons.
B.
Towing vendors will be called from each list on a rotating basis.
C.
In the event a towing vendor cannot be reached by telephone or radio
and/or fails to respond to a request for towing services on two consecutive
occasions, or five times within a six-month period, the contractor
will be removed from the list and will be required to reapply.
A.
No person shall tow any motor vehicle parked for an unauthorized
purpose or during a time at which such parking is not permitted from
any privately owned parking lot, from other private property or from
any common driveway without the consent of the motor vehicle owner
or operator, unless:
(1)
The person shall have entered into a contract for private property
towing with the owner of the property;
(2)
There is posted in a conspicuous place at all vehicular entrances
to the property which can easily be seen by the public a sign no larger
than six square feet stating:
(a)
The purpose or purposes for which parking is authorized and
the times during which such parking is permitted;
(b)
That unauthorized parking is prohibited and unauthorized;
(c)
That motor vehicles will be towed at the owner's expense;
(d)
The name, address, and telephone number of the towing company
that will perform the towing;
(e)
The charges for the towing and storage of towed motor vehicles;
(f)
The street address of the storage facility where the towed vehicles
can be redeemed after payment of the posted charges and the times
during which vehicles may be redeemed; and
(g)
Such contact information for the Division of Consumer Affairs
as may be required by regulation;
(3)
The property owner has authorized the person to remove the particular
motor vehicle; and
(4)
The person tows the motor vehicle to a secure storage facility that
is located within a reasonable distance of the property from which
the vehicle was towed.
B.
No private property owner shall authorize the towing of any motor
vehicle parked for an unauthorized purpose or during a time at which
such parking is not permitted from the private property owner's property
without the consent of the motor vehicle owner or operator, unless:
C.
This section shall not apply to a motor vehicle parked on a lot or
parcel on which is situated a single-family unit or an owner-occupied,
multi-unit structure of not more than six units or in front of any
driveway or garage entrance where the motor vehicle is blocking access
to that driveway or garage entrance.
D.
Residential community with assigned spaces.
(1)
The requirements of Subsection A(2) of this section shall not apply to a residential community in which parking spaces are specifically assigned to community residents, provided that:
(a)
The assigned spaces are clearly marked as such;
(b)
There is specific, documented approval by the property owner
authorizing the removal of the particular vehicle; and
(c)
A sign, which can easily be seen by the public, is posted in
a conspicuous place at all vehicular entrances to the residential
community property, stating that unauthorized parking in an assigned
space is prohibited and unauthorized motor vehicles will be towed
at the owner's expense, and providing information or a telephone number
enabling the vehicle owner or operator to immediately obtain information
as to the location of the towed vehicle.
(2)
The exemption in this subsection shall not apply to any private parking
lot or parcel owned or assigned to a commercial or other nonresidential
entity located in such residential communities.
A.
Base fees and rates for towing of motor vehicles shall not exceed
the following:
(1)
Light-duty rate (8:00 a.m. to 5:00 p.m.): $85 to $125 per towing
vehicle dispatched, plus any fees for additional services performed,
plus mileage ($4 per mile) from the scene.
(2)
Light-duty night rate (5:00 p.m. to 8:00 a.m.): $100 to $175, plus
any fees for additional services performed, plus mileage ($4.50 per
mile) from the scene. The night rate shall apply on Sundays and legal
holidays in the State of New Jersey.
(3)
Medium towing for motor vehicles with a gross weight between 10,000
pounds and 32,000 pounds: $175 to $250 per hour, with a minimum of
one hour per towing vehicle dispatched, regardless of the time of
day, plus $5 per mile from the scene.
(4)
Heavy-duty towing for motor vehicles with a gross weight over 32,000
pounds, which can be moved with a conventional wrecker: $350 to $500
per hour plus $6 per mile from the scene, per towing vehicle dispatched,
regardless of the time of day.
(5)
Heavy-duty towing for motor vehicles with a gross weight over 32,000
pounds where underreach towing is required: $450 to $600 per hour,
plus $6 per mile from the scene; minimum of one hour per towing vehicle
dispatched, regardless of the time of day.
B.
Road service rates shall not exceed the following:
(1)
Motor vehicles with a gross weight of less than 10,000 pounds: $75
to $125 per hour day rate, $125 to $150 per hour night rate, with
a one-hour minimum charge, plus costs of any materials used, including
but not limited to motor fuel.
(2)
Motor vehicles with a gross weight greater than 10,000 pounds: $100
to $125 per hour day rate, $125 to $175 per hour night rate, with
a one-hour minimum charge, plus costs of any materials used, including
but not limited to motor fuel.
C.
Storage rates shall not exceed the following:
(1)
Storage rates shall not exceed $40 per day for outside storage for
motor vehicles under 22 feet in length or $100 per day or any part
thereof per unit for all other motor vehicles.
(2)
Vehicles stored at the Harding Township police impound area for investigative
purposes will not incur a fee during the time said investigation is
active. Upon notification that the investigation has been completed,
the owner or secured party will be charged a fee of $40 per day beginning
72 hours after notification has been made.
(3)
For extra help, if needed, $65 to $75 per hour, and any additional
equipment necessary to clear roadway debris is an extra charge.
(4)
All rates are subject to weather conditions. Winching and recovery
charges are subject to conditions pertaining to the accident scene
and weather conditions. Winching and recovery services will be charged
at industry-standard prevailing rates.
A.
A fee for private property towing or other nonconsensual towing services,
and storage services, shall be presumed unreasonable if it is:
(1)
More than 25% higher than the fee charged by the towing company or
storage facility for the same services when provided with the consent
of the owner or operator of the motor vehicle; or
(2)
More than 50% higher than the fee charged for such other nonconsensual
towing or related storage service by other towing companies or storage
facilities operating in the municipality from which the vehicle was
towed.
A.
It shall be an unlawful practice for any private property towing
company or for any other towing company that provides nonconsensual
towing services:
(1)
To give any benefit or advantage, including a pecuniary benefit,
to any person for providing information about motor vehicles parked
for unauthorized purposes on privately owned property or otherwise
in connection with private property towing of motor vehicles parked
without authorization or during a time at which such parking is not
permitted.
(2)
To fail, when so requested by the owner or operator of a vehicle
subject to nonconsensual towing, to release a vehicle to the owner
or operator that has been, or is about to be, hooked or lifted but
has not actually been moved or removed from the property when the
vehicle owner or operator returns to the vehicle, or to charge the
owner or operator requesting release of the vehicle an unreasonable
or excessive decoupling fee. Such a fee shall be presumptively unreasonable
and excessive if it exceeds by more than 25%, or a different percentage
established by the Director by regulation, the usual and customary
decoupling fee charged by the towing company for a vehicle subject
to consensual towing, or if it exceeds by more than 50%, or a different
percentage established by the Director by regulation, the usual and
customary decoupling fee charged for vehicles subject to nonconsensual
towing by other private property towing companies operating in the
municipality in which the vehicle was subjected to nonconsensual towing.
(3)
To charge a fee for a private property or other nonconsensual towing
or related storage service not listed on the schedule of services
for which a fee may be charged as established by the Director, except
as may be permitted by the Director by regulation.
(4)
To charge an unreasonable or excessive fee.
(5)
To refuse to accept for payment in lieu of cash or an insurance company
check for towing or storage services a debit card, charge card or
credit card if the operator ordinarily accepts such card at his place
of business, unless such refusal is authorized in accordance with
N.J.S.A. 56:13-4.
(6)
To monitor, patrol, or otherwise survey a private property for the
purposes of identifying vehicles parked for unauthorized purposes
and towing a motor vehicle parked for an unauthorized purpose from
such private property without having been specifically requested to
tow such vehicle by the owner of the property.
Every towing company that performs private property or other
nonconsensual towing shall retain and make available for inspection
by the Division, for a period of three years, invoices, job orders,
logs, claims for reimbursement from insurance companies and other
documentation relating to all consensual and nonconsensual towing
services performed and rates charged for the services.
A.
The Township Chief of Police shall be responsible for enforcing the
provisions of this article and shall decide whether or not an applicant's
qualifications are sufficient to be placed on the towing list. Any
aggrieved party shall be afforded the opportunity of appealing any
adverse decision of the Chief of Police to the Township Committee.
B.
The regulations set forth in this article shall be made available
to the public at the Township Municipal Building during normal business
hours.
C.
Employees of the contractor are not to be deemed to represent nor
be employed by the Township, and the contractor shall accept responsibility
for the conduct of its employees.
D.
Complaints concerning the services provided or fees charged by the
contractor shall be investigated by the Chief of Police, who will
prepare a written report to be presented to the Township Committee
for such further action as it deems fit.
E.
Contractors shall disclose the rate of fees charged by, at a minimum,
posting the rates in a conspicuous place at the storage area.
F.
The Township of Harding shall assume no liability for any services
performed by the contractor unless those services are performed for
municipal vehicles.
G.
It is the responsibility of the towing vendor to recover all charges
for vehicle towing and recovery operations from the vehicle owner
or the vehicle owner's insurance carrier. Harding Township shall not
be responsible for collecting any fees that are owed to the towing
vendor.
H.
No tow company shall be directly involved with another tow company
that is on the towing list. Examples of direct involvement include
the sharing of a business license, tow trucks or equipment, vehicle
storage area, storage space, and employees.
I.
In the event a towing vendor cannot respond to a request for service
by the Harding Township Police Department, it will immediately notify
the Harding Township Police Department, in which event Harding Township
will notify the next qualified towing vendor on the Harding Township
wrecker schedule. A towing vendor shall not assign calls or sublet
calls whatsoever. Any vendor found subletting any calls or assigning
calls to any other vendors shall be found in breach of this agreement,
and cause for immediate removal off the wrecker schedule.
J.
The applicant/vendor shall submit to an inspection of its storage
facility and towing equipment, as directed by the Police Chief.
K.
The vendor shall be available 24 hours a day, seven days a week,
including holidays.
L.
The towing vendor shall not use answering machines, beepers or pagers,
or answering services to receive calls from the Harding Township Police
Department.
M.
The vendor shall accept at least two major credit cards and shall
not charge patrons additionally for their use.
N.
When a patron does not have funds available for payment, the vendor
shall tow the patron's vehicle to the vendor's storage lot until payment
arrangements have been made.
O.
A towing operator shall not remove any vehicle from Harding Township
roadways without authorization from the Harding Township Police Department
or vehicle owner.
P.
All drivers and towing operators shall wear ANSI Class 2 safety vests
at any scene.
Q.
The Chief of Police reserves the right to disqualify any applicant
from consideration to be placed on the Harding Township call-out list
if he has determined the vendor's previous performance has been determined
to be unsatisfactory for any reason.
R.
The Chief of Police reserves the right to waive any minor irregularities
or discrepancies in any towing vendor application.
The contractor shall employ a sufficient number of employees
to comply with the minimum operational requirements.
A.
All drivers of the contractor shall be over the age of 21 years and
must have a valid, current New Jersey State driver's license and shall
be in good health and of high moral character.
B.
The service, equipment and personnel are subject to periodic inspections
and approval by the Township of Harding.
A.
In all of its dealings with the public, the towing vendor is expected
always to act in a professional manner and at all times to be courteous
and respectful toward members of the public as well as representatives
of the Township of Harding. While members of the public, especially
those whose cars may have been towed or impounded, may at times resort
to strong language, threats and unbecoming behavior toward the tower,
the towing vendor is expected to exercise restraint and act courteously.
Reports of discourteous behavior by the towing vendor or his employees
may be considered by the Township as sufficient cause for removal
from the towing list.
B.
Upon completion of the background check of the applicant and its
employees, the finding of a conviction for any felony will be considered
ample reason to disqualify any applicant, unless waived by the Township
upon application and for good cause.
C.
In the event that the contractor has been summoned by the Township
for the purpose of towing a vehicle, and the owner of the vehicle
arrives on the scene prior to the removal of the vehicle by the contractor,
the owner may be charged by the tower the "loading and show-up charge."
D.
The towing vendor will take all vehicles involved in motor vehicle
accidents. No wrecker or client relationships will be honored at crash
or recovery scenes.
E.
If a vehicle is disabled and it is not an accident, crash or recovery
scene, a vehicle owner/operator shall have the right to utilize a
towing service other than that of the towing vendor, provided that
the tow can be made expeditiously, without creating a hazard.
F.
The towing vendor shall remove and tow to the Harding Township storage
facility all vehicles as directed by the Harding Township Police Department.
A.
In addition to the service and equipment herein outlined, the towing
vendor will be required to furnish extra towing equipment and service
during snowstorms, period of emergencies, traffic emergencies, disasters,
acts of God, and for any other reason so designated by the Chief of
Police, or his duly authorized representative.
B.
Standby service will begin when the Chief of Police or his authorized
designee calls the towing vendor initially and will end when he terminates
the standby status by calling the towing vendor.
C.
The Chief of Police reserves the right to call for additional towing
services, in the event of extreme emergencies, snowstorms, traffic
emergencies, disasters, or acts of God, call the next qualified wrecker
service on the wrecker schedule, or bypass the wrecker call-out schedule,
when so determined by the Chief of Police.
A.
If any of the provisions of this article are alleged to have been
violated or if an application is denied, the licensee or applicant
shall be notified of any noncompliance or denial by certified and
regular mail.
B.
The notice shall state the specific provision(s) of this article
which it is alleged has been violated or the reasons for denial of
any application.
C.
In the event of a violation notice, the notice shall further state
that, upon request, if made by the licensee within 15 days of the
receipt of said notice, the official issuing the notice of violation
shall meet with the licensee to discuss the basis for the determination
that a violation exists and any proposed means of eliminating any
violations. That meeting shall take place within 30 days of said request.
Following any such meeting, the official issuing the notice of violation
may rescind the notice if it is determined that there was no violation
or in the event the alleged violation is otherwise eliminated. The
official may also grant time for the correction of any violation upon
request.
D.
If, within 30 days after mailing the notice of violation, or within 30 days after the aforesaid meeting, in the event a meeting is requested and does not resolve the dispute in a mutually acceptable manner, the licensee has failed to correct the violation or reason for noncompliance, the licensee shall be penalized in accordance with this § 250-44.
E.
A licensee or applicant may appeal from a decision to impose a penalty
or a decision not to grant a license within 15 days of the date of
receipt of a penalty notice or a notice that a license has not been
granted. The licensee or applicant shall file a letter of appeal from
the decision and request a hearing before the Township Committee.
Upon receipt of such letter of appeal, the Township Committee shall,
by resolution, appoint a hearing officer to hear and determine the
appeal and set a date for a hearing. The hearing officer shall schedule
a hearing not less than 10 nor more than 30 days from the date of
service of the complaint.
A.
Township rotating call list.
(1)
For a violation of any provision of this article, licensees listed
on the Township rotating call list shall be subject to the following
penalties:
(a)
The first violation in any given calendar year will result in
a warning letter.
(b)
A second violation in any given calendar year may result in
a suspension not greater than 15 days from the police tow list.
(c)
A third violation in any given calendar year may result in a
suspension from the police tow list not greater than for a period
for the remainder of the calendar year or for 90 days, whichever is
greater.
(d)
For violation of any of the provisions under this article, the
maximum penalty shall, upon conviction of a violation, be a fine not
to exceed $2,000 or imprisonment for a period not to exceed 90 days,
or both.
(2)
For a violation of the tow truck response time limits, police tow
list tow truck licensees shall be subject to the following penalties.
(a)
The first violation in any given calendar year may result in
a warning letter.
(b)
A second violation in any given calendar year may result in
a suspension not greater than seven days from the police tow list.
(c)
A third violation in any given calendar year may result in a
suspension not greater than 28 days from the police tow list.
(d)
A fourth violation in any given calendar year may result in
a suspension from the police tow list not greater than for a period
for the remainder of the year or for 56 days, whichever is greater.
B.
Private trespass tow and wrecker operators. For violation of any
of the provisions under this article, the maximum penalty shall, upon
conviction of a violation, be a fine not to exceed $2,000 or imprisonment
for a period not to exceed 90 days, or both.
The municipal officers and/or agencies designated to enforce
the provisions of this article in accordance with due process of law
are the Harding Township Police Chief and/or his designee.
As previously stated herein, the termination or expiration of
any of the insurance coverages which are required herein shall be
cause for the immediate suspension of a tow truck's or wrecker's license
unless renewal or replacement of such coverage is timely made in compliance
with the applicable requirements as are set forth hereinabove.
