A. 
Any party interested in performing private towing services within the Township of Berlin shall complete an application for a towing license, a copy of which application shall be kept on file with the Police Department and shall be disseminated by the Chief.
B. 
All applicants shall pay a nonrefundable application fee for all administrative expenses associated with processing said application. The amount of the application fee shall be as set forth in Chapter 156, Fees.
[Amended 4-29-2019 by Ord. No. 2019-3]
C. 
All applications shall be investigated and evaluated by the Chief as to each applicant's qualifications and background and a report shall be submitted to the governing body setting forth the Chief's findings and recommendation. The Chief shall file said report within 30 days after receipt of an application. All applicants shall sign a release for information to be obtained by the Chief to complete the investigation and evaluation.
D. 
All applications are subject to the approval of the governing body by resolution. Only applicants which are competent and qualified and meet the conditions of this chapter shall be approved at which time the applicant shall be deemed a licensed tower in accordance with this chapter. Any party aggrieved by the decision of the governing body shall be entitled to a hearing before same. All requests for such a hearing shall be submitted in writing within 10 days of the decision rendered by the governing body and the hearing shall be held within 30 days of receipt of the written request, unless both parties consent to a later hearing date.
E. 
All approved applicants and/or licensed towers are required to execute a written contract with the Township to provide the services contemplated herein. The form of contract shall be prepared by the Township Solicitor and shall incorporate the terms and conditions set forth in this chapter, including but not limited to the termination provisions set forth in § 304-12, and such additional terms as the governing body may require. All private towing contracts shall be in the same form for all approved private towing contractors. A copy of all towing contracts shall be maintained in the Township Clerk's office and shall be available for inspection and/or copying during the Township's regular business hours, subject to the requirements of the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.
F. 
All towing licenses issued in accordance with this section shall be valid only for a period of one year. Notwithstanding same, all towing licenses shall expire on December 31 of each calendar year, regardless of when issued.
G. 
Any licensed tower who seeks to renew the towing license and extend the towing contract shall follow the procedures set forth in this chapter for a new towing license. The fee for a renewal application shall be as set forth in Chapter 156, Fees.
[Amended 4-29-2019 by Ord. No. 2019-3]
In addition to providing all information required on the application form and satisfying all other requirements set forth in this chapter, including but not limited to the rules and regulations,[1] an applicant shall be required to satisfy the following conditions:
A. 
Provide a scaled plot plan depicting the storage facilities.
B. 
Have the ability to store all vehicles within at least a six-foot-high fenced enclosure ("outside secured") or building enclosure ("inside secured"). The enclosure shall be in good repair and well maintained and all gates or entryways shall be secured by locks. Any application filed by an applicant with only an unsecured storage facility shall be rejected by the Chief on that basis.
C. 
Have the following vehicles, which shall be stored within two miles of the Township's municipal boundaries, immediately available for use in providing towing services:
(1) 
One standard tow truck (manufacturer's equipment); and
(2) 
One flatbed (manufacturer's equipment).
D. 
All tow vehicles shall be in good repair and regularly maintained. All tow vehicles shall be equipped with fire extinguishers and brooms. A copy of the title to all tow vehicles used for providing towing services hereunder shall be filed with the Township Clerk's office.
E. 
Be available on a seven-day, twenty-four-hour basis. A response time of 15 minutes from the time of call or notice is required.
F. 
Maintain comprehensive liability insurance in the amount of $1,000,000 combined single limit; and garage-keepers liability insurance in the amount of $75,000, both on hook and storage. The Township shall be named as an additional insured on all insurance policies and a copy of the certificates of insurance shall be filed with the Township Clerk when the required policies are issued and upon any renewal thereof.
G. 
Maintain and operate a storage yard within two miles of the Township's municipal boundaries, which shall be open to the public on weekdays during normal business hours and on Saturdays until 12:00 noon. All vehicles towed are required to be stored at this storage facility. If the storage yard is not owned by the applicant, a copy of the lease agreement for the property shall be provided to the Township.
H. 
Provide a record of its towing experience, including the years in business and other municipalities served.
I. 
Utilize only properly trained employees to perform towing services.
J. 
Agree, in writing, to defend, indemnify and hold the Township, its elected officials, boards, commissions, officers, employees and agents harmless for any and all suits, actions, claims, damages, judgments, costs and expenses, including attorney's fees, on account of breach of contract, damaged property, or personal injuries, including death, arising out of or in any way connected with the towing services to be provided. Licensed towers shall execute the required hold harmless agreement in the form approved by the Township Solicitor prior to being added or included on the rotation list.
K. 
All billings for towing and storage shall be itemized for the services actually rendered pursuant to the annual fee schedule established by the governing body and/or as otherwise provided herein.
[1]
Editor's Note: See § 304-6.
A. 
Each licensed tower shall at all times maintain the necessary equipment to remove, tow and/or transport vehicles as required by this chapter. Prior to departure from the scene, the towing operator shall clean and clear the streets of any customary debris resulting from any motor vehicle accident at such scene and shall at all times carry the necessary equipment to perform said cleaning services.
B. 
Refusal to tow an abandoned or stolen motor vehicle or to tow a vehicle from the scene of a motor vehicle accident may result in the disqualification of a licensed tower, and a report of said refusal shall be furnished to the Chief and the Township Clerk by the investigating officer at the scene of the accident, as soon as possible.
C. 
If the next licensed tower on the rotation list is unable to respond within the time constraints specified in this chapter, he shall so notify the individual requesting the service and the next-named licensed tower then shall be called to respond.
D. 
No licensed tower operating in accordance with the provisions of this chapter shall employ, either directly or indirectly, any personnel or employees of the Township of Berlin.
E. 
The Police Department shall maintain a log and/or record of calls made to licensed towers on the rotation list and said record shall be made available for inspection by any licensed tower in response to a written request for same submitted pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.
F. 
An individual whose vehicle has been towed and/or stored has the right to retrieve any of his or her personal possessions therefrom, even when said vehicle is within the possession of the licensed tower. Personal property shall be defined to include anything that is not permanently attached to the vehicle so as to be an integral part thereof. An individual seeking the retrieval of any personal items shall arrange with the licensed tower to obtain said items and shall be required to execute a receipt therefor. The licensed tower shall maintain copies of all said receipts.
G. 
The Township reserves the right to review the qualifications of any personnel employed by the licensed tower at any time.
H. 
The licensed tower and all of its employees are independent contractors and do not represent, nor are they employed by, the Township of Berlin.
I. 
The licensed tower shall at all times be responsible for the conduct of its employees and shall be liable to the Township and the owners of any vehicles the licensed tower has towed or stored for any injuries, damages or costs incurred as a result of the conduct of said employees.
J. 
All licensed towers shall comply with all state and federal laws and regulations concerning the hiring of employees, their wages, hours and terms of employment.
K. 
The Township is not liable for any of the services performed by any licensed tower. Licensed towers shall proceed directly against the individual owner of the vehicle for all fees and charges incurred.
L. 
No licensed tower shall pile or store vehicles on public streets or sidewalks.
M. 
Each licensed tower shall maintain a record of all vehicles towed, including the date towed, the vehicle identification number and license plate number of the vehicle, where the vehicle was stored, when the vehicle was released, and the fees charged, together with any and all other services rendered. Said records shall be maintained at the tow vehicle base of service for a period of at least three years after the vehicle is released.
N. 
No licensed tower shall be permitted to assign its contract with the Township or to subcontract its towing services to any other towing company or operator.