[HISTORY: Adopted by the Board of Chosen Freeholders (now
Board of County Commissioners) of Atlantic County 3-11-2014 by Ord. No.
3-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 125.
[1]
Editor's Note: This ordinance also superseded former Ch. 126,
Vehicles, Towing and Storage of, adopted 7-17-2012 by Ord. No. 12-2012,
and also provided that a certified copy of the ordinance, the fees
and rates, and any subsequent revisions be submitted to the New Jersey
Division of Consumer Affairs for review within 90 days of final adoption.
As used in this chapter, the following terms shall have the
meanings indicated:
Automobiles, trucks or any motor vehicle that is left unattended
for a period of time which, under the circumstances, indicates that
the owner has no intention of reclaiming or moving the automobile,
truck or motor vehicle. This term also applies to automobiles, trucks
or motor vehicles that are in violation of any other County ordinances
or any statutes of the County of Atlantic and are located on County
property or roadways.
A towing operator that has complied with all provisions of
this chapter and whose name appears on the list of approved towing
operators maintained by the Sheriff of Atlantic County.
An enclosed area suitable for the parking and storage of
automobiles, trucks or other motor vehicles.
A portable device with wheels that is used in combination
with a tow truck to transport automobiles, trucks or motor vehicles.
The recovery of any motor vehicle over 10,000 pounds gross
vehicle weight which requires the vehicle to be uprighted or recovered
from either on or off the traveled portion of a public roadway.
The towing of any motor vehicle over 10,000 pounds gross
vehicle weight.
Any automobile, motor vehicle, truck or bus that is parked
in a fashion or in a place that is in violation of applicable local
and/or state law.
The towing of any motor vehicle at or below 10,000 pounds
gross vehicle weight.
All vehicles that are not exclusively propelled by muscular
power, except vehicles that run exclusively on tracks. This term shall
also include motorcycles and mopeds.
All motor vehicles used for the transportation of passengers
for hire including those used for the transportation of school children.
Any person who is in actual physical control of an automobile,
truck or motor vehicle.
Any automobile used and designed for the transportation of
passengers. This term shall also include motorcycles and mopeds.
Real property owned by any person, partnership, firm or corporation
and not owned by the County of Atlantic or any other governmental
body.
The monetary charge for the presence of a tow truck and operator
where no towing service is conducted or supplied.
The Atlantic County Sheriff or an authorized designee of
the Atlantic County Sheriff.
A person, firm, corporation or other business entity engaged
in the business of transporting disabled, wrecked, or otherwise immobile
motor vehicles, automobiles or trucks by means of tow trucks or other
means.
The transportation of automobiles, trucks, or motor vehicles
that as a result of accident, collision, breakdown, abandonment or
otherwise are unable to be moved under their own power. This includes
the transportation of illegally parked, police-impounded or abandoned
automobiles, trucks or motor vehicles.
A written document, on a form provided by the Sheriff of
Atlantic County, which shall contain a description of the motor vehicle
towed as well as the location from which it was towed. It shall also
provide the location where said vehicle is stored and the name of
the truck operator who towed the vehicle.
A motor vehicle specifically designed, constructed, used
and maintained for the safe transportation of automobiles, trucks,
or motor vehicles.
Every motor vehicle designed, used, or maintained primarily
for the transportation of property. This includes delivery vans and
pickup trucks.
Every device in, upon or by which a person or property is
or may be transported upon a highway, except devices powered by human
power or operated on stationary tracks. This definition of "vehicle"
includes mopeds and motorcycles.
Providing the use of the mechanical cable devices attached
to a tow truck to move or transport any vehicle where the actual towing
of the vehicle does not take place.
Towing operators approved pursuant to this chapter agree to
provide the following towing services to the County in the following
manner:
A.
The towing of illegally parked or police-impounded passenger automobiles,
trucks, or motor vehicles.
B.
The towing of abandoned passenger automobiles, trucks and motor vehicles
on County property or County designated roadways.
C.
The towing of passenger automobiles, trucks and motor vehicles from
accident scenes, including cleaning and removing debris from the scene
of the accident as well as any necessary waiting time.
D.
The towing of County-owned vehicles within the limits of Atlantic
County when Atlantic County Division of Fleet Management indicates
they cannot perform the service.
E.
The towing of County-owned vehicles outside the limits of Atlantic
County when the Atlantic County Division of Fleet Management indicates
they cannot perform the service.
F.
Providing winching services and dolly-wheel services at scenes of
accidents and/or other places where passenger automobiles, trucks
or motor vehicles become disabled.
G.
Providing a flatbed truck for vehicles that cannot be towed in an
ordinary fashion.
H.
The towing and impounding of any passenger automobile, truck or motor
vehicle at the direction of the Atlantic County Sheriff for police
investigation purposes.
I.
Storage of any abandoned, wrecked or disabled passenger automobiles,
trucks or motor vehicles that might be towed by the towing operator
pursuant to this chapter.
A.
An approved towing operator shall provide a compound, which must
be located within the boundaries of Atlantic County and shall at all
times be in compliance with all New Jersey statutes and regulations
as well as all ordinances promulgated by the County of Atlantic. The
following provisions shall apply to said compound:
(1)
The compound shall be enclosed by a six-foot-high fence and be of
sufficient size to accommodate at least 15 passenger automobiles at
one time. At no time shall any motor vehicles towed by the approved
towing operator be stored at any other location;
(2)
The compound shall be staffed by the approved towing operator during
normal business operations.
B.
An approved towing operator shall make available for service to the
County of Atlantic at least two tow trucks having two-way communications
equipment on a twenty-four-hour call basis.
C.
An approved towing operator shall provide tow trucks capable of handling
the transporting of heavy passenger automobiles when appropriate and
equipped to provide appropriate towing service.
D.
An approved towing operator shall equip its tow trucks to provide
the following:
E.
The tow trucks provided by an approved towing operator shall be of such type and design to properly and safely perform all towing services and storage as set forth in § 126-2 of this chapter. Tow trucks shall comply at all times with applicable statutes and regulations of the State of New Jersey and this chapter. Tow trucks shall be subject to inspection by the Sheriff of Atlantic County to ensure compliance with this chapter.
F.
Operators of tow trucks shall be courteous and competent mechanics
and shall present a clean and neat appearance. They shall abide by
and respect all traffic laws and regulations of the State of New Jersey
and ordinances of the County of Atlantic. They shall at all times
possess valid New Jersey drivers' licenses. Said drivers' licenses
shall be subject to inspection by the Sheriff of Atlantic County.
No operator shall have been convicted of any crime.
G.
Approved towing operators' rates and fees for towing service, storage service, or any other service, shall not be in excess of the maximum rates and fees set forth hereinafter and approved by the Atlantic County Board of County Commissioners. Nothing in this chapter shall limit the fees for services supplied outside the scope of § 126-2 of this chapter by any towing operator.
H.
It is the stated purpose of this chapter to provide towing service
within the County no later than 30 minutes from the time that the
approved towing operator is notified by the Sheriff's office. Tow
trucks shall be made available pursuant to this chapter.
I.
The approved towing operator shall see to it that the tow trucks
shall be operated in such a fashion as shall produce safe and adequate
service to the public. During adverse weather and heavy traffic conditions,
the approved towing operator shall arrange to make additional towing
trucks available to stand by as necessary to serve the County.
J.
Whenever an approved towing operator tows or otherwise transports
any motor vehicle pursuant to the provisions of this chapter, the
operator shall immediately complete a tow slip and file the same with
the Sheriff's office.
K.
Approved towing operators shall issue written receipts for all fees
collected for any and all storage charges or services rendered by
the approved towing operator.
L.
The fees and charges established pursuant to this chapter shall be
conspicuously posted at the compound or any other business location
of the approved towing operator.
M.
Whenever an approved towing operator conducts a tow of a motor vehicle
without the consent of the owner or operator, the approved towing
operator shall file a towing slip with the Sheriff's office.
A.
Approved towing operators and all of their personnel and equipment
used under the terms of this chapter shall be and remain employees
and property of the approved towing operator.
B.
Approved towing operators shall at all times maintain direct supervision,
management and control over its personnel and equipment, and in no
event shall such equipment and/or personnel be represented by an approved
towing operator as belonging to, employed by, or an agent of, the
County of Atlantic.
C.
Approved towing operators shall operate under this chapter as an
independent contractor and in no manner or sense as an agent or employee
of the County of Atlantic.
D.
Approved towing operators shall at no time sublet or assign approval
as a towing operator, or any part thereof, for any purpose whatsoever.
E.
Approved towing operators shall agree to indemnify and reimburse
the County of Atlantic for any damage caused to any County-owned property
arising out of the performance of any services or activities under
this chapter.
F.
An approved towing operator shall agree to defend, indemnify and
hold harmless the County of Atlantic from any and all claims or lawsuits
against the County arising out of the services or activities the towing
operator partakes in pursuant to this chapter.
G.
Insurance. No towing operator shall perform services or activities
under this chapter unless it carries liability insurance in the following
amounts:
(1)
Garage liability/comprehensive general liability insurance in an
amount not less than $1,000,000 combined single-limit covering bodily
injury and property damage liability, including but not limited to
personal injury, products liability, independent contractor, and completed
operations coverage;
(2)
Garage keepers legal liability insurance in an amount not less than
$100,000;
(3)
Automobile liability insurance in an amount not less than $1,000,000
combined single-limit coverage covering bodily injury and property
damage liability, including but not limited to owned, non-owned and
hired vehicles;
(4)
Workers' compensation insurance as required by law, including but
not limited to statutory New Jersey Workers' Compensation benefits
and employer's liability coverage;
(5)
Requirements specific to heavy-duty towing and recovery. In addition
to the above requirements, towing operators providing heavy-duty towing
and recovery are required to obtain and maintain insurance coverage
in the form of $1,000,000 combined single-limit with endorsement MSC-90.
This requirement shall not apply to light-duty towing operators;
(6)
All policies shall provide an endorsement for collision coverage
for motor vehicle and cargo towed by towing service vehicles;
(7)
On all liability policies, the County of Atlantic shall be added
as an additional insured, and insurance policies and certificates
naming the County as an additional insured shall indicate such coverage
as primary coverage notwithstanding any insurance carried by the County;
(8)
Such certificate of insurance shall provide that the insurance policy
shall not be canceled or materially changed without 10 days' prior
written notice separately addressed to:
Atlantic County RISC Manager
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7th Floor of the County Office Building
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1333 Atlantic Ave.
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Atlantic City, NJ 08401
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AND
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County Counsel
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8th Floor of the County Office Building
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1333 Atlantic Ave.
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Atlantic City, NJ 08401
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H.
Vehicles towed pursuant to this chapter shall only be stored at compounds
located in Atlantic County. Towing compounds shall be maintained by
the approved towing operator in a clean and orderly fashion. Reasonable
measures shall be taken by the approved towing operator at all times
to prevent vandalism, theft or damage to any passenger automobiles,
trucks or motor vehicles stored at said compound.
I.
If a compound is to be located within 1,000 feet of the nearest edge
of the right-of-way of any interstate highway or primary highway,
it shall at all times comply with the provisions of N.J.S.A. 27:5E-1
et seq. (the Junkyard Control Act) and any New Jersey Administrative
Code regulations enacted pursuant to said statute.
J.
An approved towing operator shall, on the first day of each month,
provide in writing to the Atlantic County Sheriff that month's list
of all passenger automobiles, trucks and motor vehicles in the possession
of the approved towing operator during the preceding month. The list
shall state the make and model of the passenger automobile, truck
and motor vehicle; the year of same; the registration number of same;
and a detailed list of all charges and expenses relating to said passenger
automobile, truck or motor vehicle; and the date the vehicle was towed.
In the event that the approved towing operator does not provide or
supply such information in a timely fashion, the approved towing operator
shall indemnify and hold the County harmless from any and all claims
arising from the approved towing operator's failure to do so.
K.
In the event that passenger automobiles, trucks and motor vehicles
that are stored or towed by the approved towing operator are abandoned
or unclaimed by the owners thereof, the approved towing operator shall
make no claim whatsoever against the County, its agents, representatives
and/or employees for any of the following:
A.
All towing operators shall be approved by Atlantic County based upon
compliance with this chapter; documentation required to be submitted
to Atlantic County Division of Purchasing Office; and the completion
of an investigation to be furnished by the Atlantic County Sheriff's
Office.
B.
The Atlantic County Division of Purchasing shall take an application
for the licensing of a towing operator from any towing operator who
asserts that it can comply with the terms of this chapter.
C.
An initial application fee shall be paid upon the submission of the
signed application to the Atlantic County Division of Purchasing.
Each approved towing operator shall be charged an annual renewal fee
thereafter. Upon payment of the fee and satisfaction of applicable
requirements, the applicant shall be eligible to perform light-duty
and heavy-duty towing.
D.
The application form shall be provided by the Atlantic County Division
of Purchasing. It shall include the name, business address and telephone
number of the towing operator, the location of the towing compound,
the name of its insurance company, the insurance policy number and
any other information that is deemed relevant and appropriate.
E.
The towing operator's authorized representative must date and sign
the application and certify that he/she has read this chapter and
agrees to abide by all of the terms, conditions, and specifications
of the same.
F.
Upon completion of the application form, copies shall be furnished
to the Atlantic County Sheriff who upon receipt of the application
shall conduct an investigation of the towing operator and its operation.
G.
The investigation by the Atlantic County Sheriff shall consist of
an inspection of the proposed compound and an inspection of tow trucks.
The Sheriff shall make such other relevant inquiries as he deems appropriate
to determine if the towing operator meets the requirements of this
chapter. The Sheriff or his designee shall have 14 days to complete
said investigation upon receipt of the application. If the Atlantic
County Sheriff, after due investigation, deems the towing operator
to be in compliance with all of the provisions of this chapter the
Sheriff shall file a report in writing, and the towing operator's
name shall be added to the list of approved towing operators. If the
Atlantic County Sheriff deems the towing operator not in compliance
with any provision of this chapter he shall so report in writing his
recommendation for rejection of the application to the Atlantic County
Division of Purchasing, a copy of which shall be supplied to the applicant
and the County Administrator.
H.
Any towing operator who is aggrieved by a rejected application shall,
upon providing written notice, be entitled to be heard by the Atlantic
County Division of Purchasing.
A.
The Sheriff shall maintain a list of all approved towing operators.
B.
There shall be a separate list for all four zones of Atlantic County
as provided in the attached map of "Tow Zones."[1] The list for each zone shall consist of eligible tow operators
who can respond to the applicable zone within 30 minutes of receiving
a call from the Sheriff's Office requesting service.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C.
In the event that more than one towing operator shall become an approved
towing operator for a zone, the towing services needed by the County
shall be rotated among approved towing operators on an equal basis.
D.
The approved towing operator for any one time period and zone shall
be selected pursuant to the rotating list maintained by the Sheriff.
E.
If the Sheriff determines at any time that an approved towing operator
is unable to fulfill the requirements under this chapter, or in times
of emergency, the Sheriff's office may call upon other towing operators
to provide services to Atlantic County upon providing notice to the
Atlantic County Division of Purchasing and any tow operator affected
by the decision. Such determinations by the Sheriff shall be based
upon promoting the interest of the public's health, safety and welfare.
F.
The Atlantic County Sheriff shall be responsible for enforcing the
provisions of this chapter in conjunction with the Atlantic County
Division of Purchasing.
G.
If the Sheriff finds, at any time, that an approved towing operator
is not in compliance with any of the provisions of this chapter, the
Sheriff shall advise the Atlantic County Division of Purchasing of
such violations, at which point the offending approved towing operator
shall be removed from the list of approved towing operators by the
Atlantic County Division of Purchasing.
H.
In the event of a suspension or removal from the list of approved
towing operators, no further towing services as described in this
chapter shall be performed by the towing operator until the Sheriff
deems the towing operator to be in compliance with all provisions
of this chapter.
I.
Any towing operator who is aggrieved by a suspension or removal from
the authorized list shall, upon providing a written request, be entitled
to be heard by the Atlantic County Division of Purchasing.
The Atlantic County Board of County Commissioners, by ordinance,
shall enact standardized fees and rates for an approved towing operator
as follows:
A.
Tow operator's initial application fee and annual renewal application
fee: $100.
B.
Fees for towing of illegally parked or police-impounded passenger
automobiles including storage for the first 24 hours:
C.
Fees for towing of passenger automobiles from accident scenes, including
cleaning and removal of area debris, waiting time, and storage for
the first 24 hours:
D.
Fee for each additional 24 hours of storage: $25 per day.
E.
No charge for the towing of any County vehicles within Atlantic County.
F.
Fees for towing of all County-owned vehicles outside the limits of
Atlantic County: $50 per hookup and $5.50 per mile. (NOTE: Only for
when Atlantic County Division of Fleet Management cannot do the job
and requests the need for outside services.)
G.
Fee for providing winching service: $75 per half-hour.
H.
Additional charges for providing dolly-wheels: flat fee of $50.
I.
Additional charges for providing flat bedding of vehicles that cannot
otherwise be towed in a normal fashion: flat fee of $50.
J.
No charge for towing of any passenger automobiles, trucks or motor
vehicles or impounding of any such passenger automobiles, trucks or
motor vehicles for investigation purposes at the direction of the
Atlantic County Sheriff or the Atlantic County Prosecutor.
K.
Response/cancellation fee (no tow): $50. (NOTE: The tow operator
maintains position on notification list in the event of cancellation.)
L.
Approved tow operators shall not deviate from the fees and rates
provided in this chapter, and any subsequent revisions that may be
adopted by the County of Atlantic.
[Amended 8-2-2016 by Ord.
No. 6-2016]
A.
All requests
for tow services by County departments and agencies shall be made
to and performed by the Atlantic County Division of Fleet Management.
This includes but is not limited to the Atlantic County Prosecutor's
requests for tow services in connection with a criminal investigation.
B.
The preceding
portions of this section shall not preclude a request for towing services
from being made by County park rangers for any abandoned or illegally
parked automobile or vehicle found in any section of the County park
system. Such requests shall be made to the dispatch unit personnel
of the Atlantic County Sheriff's Office, who shall promptly dispatch
the appropriate towing operator.
Any and all terms or words in this chapter that are deemed to
be ambiguous by a court of competent jurisdiction shall be resolved
with an interpretation that best promotes the County's interest in
limiting County liability and protecting the health, safety, and welfare
of the public.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be subject to a fine not exceeding $1,000
or a term of imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination of the foregoing.
All other ordinances or parts of ordinances inconsistent with the
provisions of this chapter are hereby repealed to the extent of such
inconsistency.