As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED VEHICLES OR ABANDONED AUTOMOBILES
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.
APPROVED TOWING OPERATOR
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.
COMPOUND
An enclosed area suitable for the parking and storage of
automobiles, trucks or other motor vehicles.
DOLLY-WHEEL
A portable device with wheels that is used in combination
with a tow truck to transport automobiles, trucks or motor vehicles.
HEAVY-DUTY RECOVERY
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.
HEAVY-DUTY TOWING
The towing of any motor vehicle over 10,000 pounds gross
vehicle weight.
ILLEGALLY PARKED
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.
LIGHT-DUTY TOWING
The towing of any motor vehicle at or below 10,000 pounds
gross vehicle weight.
MOTOR VEHICLE or AUTOMOBILE
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.
OMNIBUS
All motor vehicles used for the transportation of passengers
for hire including those used for the transportation of school children.
OPERATOR
Any person who is in actual physical control of an automobile,
truck or motor vehicle.
PASSENGER AUTOMOBILE
Any automobile used and designed for the transportation of
passengers. This term shall also include motorcycles and mopeds.
PRIVATE PROPERTY
Real property owned by any person, partnership, firm or corporation
and not owned by the County of Atlantic or any other governmental
body.
RESPONSE FEE
The monetary charge for the presence of a tow truck and operator
where no towing service is conducted or supplied.
SHERIFF
The Atlantic County Sheriff or an authorized designee of
the Atlantic County Sheriff.
TOWING OPERATOR
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.
TOWING SERVICE, TOWING, OR TOW
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.
TOWING SLIP
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.
TOW TRUCK
A motor vehicle specifically designed, constructed, used
and maintained for the safe transportation of automobiles, trucks,
or motor vehicles.
TRUCK
Every motor vehicle designed, used, or maintained primarily
for the transportation of property. This includes delivery vans and
pickup trucks.
VEHICLE
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.
WINCHING SERVICE
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.
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:
(1) For vehicles weighing 10,000 pounds or less: $100.
(2) For vehicles weighing more than 10,000 pounds and less than 26,000
pounds: $175; and
(3) For vehicles weighing 26,000 pounds or more: $225.
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:
(1) For vehicles weighing 10,000 pounds or less: $135.
(2) For vehicles weighing more than 10,000 pounds and less than 26,000
pounds: $210; and
(3) For vehicles weighing 26,000 pounds or more: $260.
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.