No towing contractor shall operate within the
Township of Galloway for towing and/or storage services unless the
towing operator has obtained a license issued by the Township.
A.
Exemptions.
(1)
No license shall be required for owner-requested service.
(2)
No license shall be required to remove a vehicle without
the consent of the vehicle owner, from private property, pursuant
to N.J.S.A. 39:4-56.6.
(3)
No license shall be required for the towing of vehicles from private
property and common interest property by private towing contractors.
[Added 6-25-2013 by Ord. No. 1866]
A.
No towing service, whether licensed or unlicensed,
shall respond to the scene of an accident or emergency for the purpose
of towing a vehicle unless specifically notified by the Police Department
or at the request of a vehicle owner. All persons, wreckers and tow
vehicle operators are prohibited from soliciting business at the scenes
of accidents and emergencies with the Township.
B.
Unless another penalty is expressly provided for by New Jersey statute,
any violation of this section shall be subject to a fine not exceeding
$2,000 or imprisonment for not more than 90 days or a period of community
service not exceeding 90 days.
[Amended 12-27-2016 by Ord. No. 1955-2016]
A.
License application. The license application shall
include:
(1)
The complete legal business name, business address
and principal location address.
(2)
The complete home address, home telephone number,
date of birth and social security number of the applicant, if a sole
proprietorship, or the complete home addresses, home telephone numbers,
dates of birth and social security numbers of principal officers and
partners if the applicant is a corporation or partnership.
(3)
Photocopies of all registrations of every tow vehicle
to be operated by the applicant. If the tow vehicle is leased, the
applicant is required to submit a lease agreement.
(4)
Names, addresses and telephone numbers of any lien
holders on the principal location.
(5)
Name, address and telephone number of the insurer
and photocopies of each certificate of insurance.
(6)
Photocopies of all towing vehicle operator's current
driver's licenses, along with their social security numbers.
(7)
Evidence to demonstrate that the applicant applying
for the license has at least five years' experience in the field of
towing and storage of vehicles.
(8)
Proof that the applicant has a principal location
and storage facility within the Township of Galloway.
(9)
Proof that the applicant's principal location and
storage facility meet all zoning requirements applicable.
(10)
The applicant shall provide an agreement that upon
the issuance of a license the municipal towing contractor shall indemnify
the Township of Galloway against all claims of a third party relating
to the towing and/or storage service of the licensee.
(11)
The applicant shall provide an affidavit that the
information given in application is true and correct.
(12)
Applications will be processed according to the order
in which the Township Clerk received them.
B.
Investigation and inspection.
(1)
Applications received by the Township Clerk shall
be referred to the Chief of Police. The Chief of Police or his designee
shall initiate an investigation to be made of the applicant and of
its proposed business operation and shall perform inspections of the
vehicles to be licensed.
(2)
A criminal history and driver's license check will
be performed on all persons listed in the application, Each applicant
will pay all fees required by the State of New Jersey for criminal
history record information.
(3)
The Township of Galloway recognizes that the municipal
towing contractor must be trustworthy in that it is safeguarding vehicles
belonging to others. Therefore, to protect the public interest, the
Township may disqualify any applicant wherein an employee, owner,
officer, partner, etc., that has been convicted of a crime (including
disorderly persons offenses) or any violation that would indicate
that the applicant may not be responsible to perform in the best interest
of others.
(4)
The Township of Galloway recognizes that tow truck
operators must also be drivers who abide by this state's motor vehicle
laws. Accordingly, the Township may disqualify any tow truck operator
having one or more convictions, within three years of the date of
application or renewal thereof, of any moving violation of the motor
vehicle laws of this state which the Township Chief of Police or his
designee determines will negatively impact upon the ability of the
tow truck operator to safely and properly perform the services listed
in this chapter. If the applicant is already licensed, any conviction
for any moving violation which the Township Chief of Police or his
designee determines will negatively impact upon the ability of the
tow truck operator to safely and properly perform required services
will result in the disqualification of the tow truck operator from
performing duties associated with this chapter.
(5)
The municipal towing contractor shall notify the Police
Department, in writing, of any criminal charges (including disorderly
persons offenses), motor vehicle offenses or ordinance violations
that are issued against the municipal towing contractor or its employees
during the term of the license. Failure to make the proper notification
to the Police Department may result in the revocation of the license.
(6)
The Chief of Police shall have a reasonable period
of time after the receipt of the completed application to complete
the investigation and inspection and submit a written report to the
Township Clerk. The report shall include recommendations that the
applicant be accepted, denied or accepted with provisions.
C.
Issuance of licenses and fees.
(1)
Upon written notification by the Chief of Police that
an application has been approved, the Township Council shall, at a
public meeting, by resolution, consider the issuance of a license.
(2)
Upon approval by Township Council, the Municipal Clerk
shall issue a license to the municipal towing contractor under this
chapter.
(3)
A yearly application fee of $300 shall be payable
to the Township of Galloway.
(4)
All towing licenses will be issued for a period of
one year beginning January 1 of each year and expire on December 31.
Applications for license renewals are to be completed and returned
to the Township Clerk by September 15 for the following calendar year.
(5)
Licenses are property of the Township and cannot be
assigned, leased, shared, transferred or sold to another person, corporation
or proprietorship under any circumstances.
(6)
The municipal towing contractor shall not represent
that he is a servant, agent or employee of the Township with respect
to said towing service, but is an independent contractor and shall
not hold himself out as an official member of the government of the
Township of Galloway or of its departments.
(7)
The Township of Galloway may issue a temporary municipal
towing contractor license in the event that any emergent situation
arises for the purpose of adding additional towers or replacing a
current license, for reasons of revocation or closing of the business.
The temporary license may be issued immediately, but the applicant
must submit an application within two business days. A temporary license
shall be valid for 60 days.
D.
Tow vehicle requirements.
(1)
A municipal towing contractor must own or lease for
use two tow vehicles (one of which must be medium-duty flatbed).
(3)
All tow vehicles must have properly authorized amber
emergency warning lights mounted so as to warn approaching traffic
of their presence.
(4)
All tow vehicles must comply with all applicable laws
and safety standards.
(5)
The municipal towing contractor must maintain a twenty-four-hour
telephone service for police contact. All responding tow vehicles
must have two-way communication via radio or cellular phone.
E.
Storage facility requirements.
(1)
All vehicles stored under this chapter shall be stored
and protected with ordinary care to protect the vehicle from further
damage. All vehicle storage will be one level.
(2)
There shall be no unescorted access to the storage
area by the general public. Storage areas shall be posted against
unauthorized entry.
(3)
The Police Department shall have access to any part
of the storage area, 24 hours a day, seven days a week, for the purpose
of inspection or investigation. Under this provision, access means
a contact person must be available to provide entry.
(4)
No vehicles towed by the municipal towing contractor
shall be stored outside of the storage facility.
(5)
The municipal towing contractor shall maintain regular
hours for the release of vehicle from storage; a minimum of eight
hours a day, Monday through Friday (excluding New Jersey state holidays)
and four hours on Saturdays. Hours shall be conspicuously posted at
the municipal towing contractor's principal location and the storage
facility.
A.
The municipal towing contractor shall be responsible
for basic towing services on a twenty-four-hour, seven-days-a-week
basis during the term of his license.
B.
Municipal towing contractors will be placed on call
on a rotating basis as determined by the Chief of Police.
C.
The municipal towing contractor shall be required
to respond to all Township requests for towing services within 20
minutes, unless unusual traffic conditions exist. In any event, the
municipal towing contractor shall arrive in a reasonable time. Repeated
late arrivals without satisfactory cause shall constitute grounds
in which the Chief of Police may consider the municipal towing contractor
in violation of this chapter and may be grounds for immediate suspension
or revocation of said license.
D.
Nothing in this chapter shall prevent the owner or
operator of a vehicle from contacting a tower or wrecker of his own
choice to remove the vehicle from the public streets of the Township
after it has become disabled or otherwise inoperable, unless the police
officer on the scene determines that public safety requires that the
vehicle be immediately removed from the scene, at which time the on
call municipal towing contractor will be summoned.
E.
All owners or operators of any disabled vehicle retain
the right to direct the municipal towing operator to remove the disabled
vehicle to a garage or workshop of their own choosing, provided that
payment or arrangements for payment for services has been made to
the municipal towing contractor.
F.
Municipal towing contractors licensed under this chapter
shall accept a minimum of two major credit cards, 24 hours a day.
G.
Municipal towing contractors shall be responsible
for the towing of vehicles from the public streets, public alleys,
public rights-of-way, public easements, avenues, thoroughfares, public
or quasi-public places, including parks and playgrounds, or any other
Township, county or state owned facility, as directed by the Township
police.
H.
The municipal towing contractor shall remove vehicles
for storage to either the municipal towing contractor's storage facility
or the Township storage facility, as directed by the Police Department.
I.
Vehicles towed to the municipal towing contractor's
storage facility will incur charges as set forth in this chapter.
J.
In the event the police direct the municipal towing
contractor to move the vehicle from the Township storage facility
to his storage facility, the owner of the vehicle will incur the cost
of the additional tow and storage fees commencing the date the vehicle
is moved. The municipal towing contractor that provided the original
service will be requested to provide the secondary service.
K.
The owner of any vehicle towed shall have the right
to remove his personal belongings from the stored vehicle during normal
business hours.
L.
The owner or agent of the owner shall have the right
to photograph the stored vehicle during normal business hours.
M.
If the stored vehicle is being held as evidence, the
removal of personal belongings and/or photographs will be witnessed
and documented by an officer of the Police Department.
N.
When the municipal towing contractor has been contacted
to remove a disabled vehicle by the Police Department and then the
owner or operator of that vehicle appears prior to the municipal towing
contractor's arrival and requests his own towing service, the municipal
towing contractor cannot charge for the response.
O.
The municipal towing contractor shall be responsible
to clean up and remove all broken glass and debris at the scene of
accidents as per N.J.S.A. 39:4-56.8b.
P.
The municipal towing contractor will also be responsible
for basic environmental cleanup.
Q.
In the event that an emergency arises and the on-call
municipal towing contractor cannot provide adequate service when requested
by the Police Department, another municipal towing contractor will
be contacted to respond.
R.
If no municipal towing contractor can perform the
required service, the Police Department may contact any available
towing contractor with the proper equipment to perform the activity.
The fees for vehicles that require this extraordinary service shall
be reasonable and customary, based upon the prevailing rate in the
industry. Whenever applicable, it shall be the responsibility of the
towing contractor to first inform the owner or operator of the estimated
total cost prior to the performance of any towing service.
S.
Municipal towing contractors may not charge any owner
for any damage to his tow equipment or storage facilities resulting
from any towing operation.
T.
Prior to towing any vehicle, the municipal towing
contractor shall remove or secure anything that may fall from the
disabled vehicle while being towed.
U.
Pursuant to N.J.S.A. 39:4-56.6, the municipal towing contractor shall
be responsible for the public sale or auction of any vehicle abandoned
at the municipal towing contractor's storage facility. The Township
of Galloway shall only be responsible pursuant to N.J.S.A. 39:10A-1
et seq., for abandoned and unclaimed vehicles at a Township-owned
storage facility.
[Amended 6-25-2013 by Ord. No. 1866]
A.
The rates on the "Township of Galloway Towing and
Storage Rate Schedule," annexed hereto and incorporated herein by
reference, represent the maximum rates permitted under this chapter.
It shall be unlawful for any municipal towing contractor to charge
a rate in excess of the rates prescribed in this chapter therein for
the services regulated herein.
B.
There shall be no mileage charge for any vehicle towed
under this chapter from the point of service back to the municipal
towing contractors storage facility or the Galloway Township storage
facility. If the owner or operator designates the vehicle to be towed
to another location, then the municipal towing contractor can only
charge for loaded mileage outside the boundaries of the Township.
C.
Separate fees are incurred for each recovery action.
D.
On each occasion that extraordinary service is provided, a detailed
record, including receipts of expenses incurred by the municipal towing
contractors, must be submitted to the Chief of Police or the Chief
of Police's designee for review prior to billing the owner of the
vehicle. In the event that the approval of the Chief of Police or
the Chief's designee cannot reasonably be obtained prior to billing
the owner of the vehicle, the approval shall be obtained as soon thereafter
as practical, and the approval shall be retained at the towing contractor's
office for at least one year.
[Amended 6-25-2013 by Ord. No. 1866]
E.
Municipal towing contractors may not charge any fees other than as
set forth in the following schedule.
[Amended 6-25-2013 by Ord. No. 1866]
(3)
Basic towing service, over 26,000 pounds gross vehicle weight (heavy
duty): $260.
(a)
Rate per mile out of Township: $5.
(6)
Extraordinary service charge: $65 per hour.
(7)
Basic cleanup, including glass, debris and fluid: $35, plus $10 per
bag of absorbent used.
(8)
Storage fees per calendar day (commencing 12 hours after the request
for tow).
(9)
Owner access to vehicle. Any owner requesting access to the owner's
vehicle at the storage facility to retrieve items from the vehicle
may be charged a fee of $35 per hour prorated in increments of 15
minutes.
(10)
After-hours release fee: $35.
F.
An administrative fee of $25 is to be charged for the processing
of a tow release prepared by the Galloway Township Police Department.
Such fee is to be paid by the owner of the vehicle and collected by
the Township of Galloway prior to a release being issued.
[Added 10-23-2012 by Ord. No. 1859]
The municipal towing contractor shall have in
effect, prior to application and at all times during the term of the
license, the following insurance:
A.
Garagekeeper's liability must be maintained in the
amount of $500,000 for any one claimant and $1,000,000 for more than
one claimant, along with $500,000 coverage for property damage for
any one event.
B.
Automobile insurance must be maintained and it must
be issued by an insurance corporation authorized to transact business
in the State of New Jersey. The policy must insure every tow vehicle
operator against liability imposed by law for damages arising out
of bodily injury, including death, sustained by any person and injury
or destruction of property, including the loss of use thereof, caused
by accident and arising out of the ownership, maintenance or use of
the tow vehicle of the municipal towing contractor. The amount of
the limits of liability coverage to be offered by such policy shall
not be less than $1,000,000 combined single limit.
[Amended 7-23-2013 by Ord. No. 1876]
C.
Workers' compensation insurance insuring the obligation
of the municipal towing contractor under the New Jersey Workers' Compensation
and Occupational Disease Laws.
D.
The municipal towing contractor shall supply a certificate
of insurance to the Township Clerk which describes each policy of
insurance and identifying the Township of Galloway as an additional
insured party. Each certificate of insurance shall contain a provision
that no cancellation of the policy shall become effective until after
the expiration of 15 days' written notice of such proposed cancellation
forwarded by the Insurance Company to the Township Clerk.
A.
The municipal towing contractor shall prepare and
issue to the owner/operator a written invoice for services rendered
under this chapter. The invoice shall reflect the date, time, location
of service, the employee that performed the service and that the service
was performed at the direction of the Police Department. A copy of
the invoice shall be retained by the municipal towing contractor and
filed in a manner that coincides with his normal business practice
and will allow immediate access to such records when requested by
the Police Department.
B.
The municipal towing contractor has discretion to
establish the method of payment and forfeits all mechanic lien rights
once he physically releases a vehicle from his custody. The Township
will not be held liable for or assist the municipal towing contractor
to collect any unpaid fees that were incurred under the provisions
of this chapter.
C.
The municipal towing contractor shall incur the cost
of and shall post the rate schedule listed in this chapter in a conspicuous
location at the municipal towing contractor's principal location where
payment of fees are transacted.
D.
The municipal towing contractor shall incur the cost
of preparing a payment rate circular for fees listed under this chapter
and shall distribute this rate circular to all customers, at no cost.
E.
The municipal towing contractor shall not release
any vehicle impounded under this chapter without written release from
the Police Department. The release form must be attached and filed
with the invoice.
F.
All records, payment invoices and other documentation
resulting from the municipal towing contractor's compliance with this
chapter must be kept by the municipal towing contractor for a period
of two years.
A.
At all times the municipal towing contractor and his
employees will present a neat appearance and act in professional and
courteous manner when interacting with the public and the police.
B.
All towing vehicles shall be operated in accordance
with all existing traffic regulations and statutes and in a safe and
prudent manner. Tow vehicle operators must request police assistance
whenever their activities will obstruct or impede traffic flow.
C.
The investigating officer and/or supervisor at the
scene shall maintain complete charge of the incident scene (excluding
actual towing operations), and all tow operators shall comply with
the officers' instructions.
A.
The Chief of Police or his designee shall investigate
and keep a record of all complaints that are received regarding the
provisions of this chapter.
B.
The Chief of Police has the authority to suspend any
license at any time for criminal activity (including disorderly persons
offenses), violation of applicable motor vehicle laws or violations
of this chapter.
C.
The Chief of Police or his designee shall oversee
all tow vehicles used by municipal towing contractors to ensure that
they are kept in a safe condition. The Chief of Police or his designee
may inspect any or all tow vehicles at any time. If the Chief of Police
or his designee finds the equipment inadequate or unsafe, the Chief
of Police or his designee may demand immediate correction and/or suspend
the municipal towing contractor's license.
D.
The Chief of Police is authorized and empowered to
establish additional rules and regulations as may be necessary and
reasonable to govern the issuance and the operation of towing services
and storage facilities. Such rules and regulations shall be issued
in writing to all municipal towing contractors.
E.
Any municipal towing contractor who violates any section
of this chapter, in addition to any other penalties provided by law,
shall be subject to suspension of towing privileges for one month
for a first offense, three months for a second offense and permanent
revocation for a third offense.
F.
In addition to the previous subsection, the Chief
of Police may immediately revoke the municipal towing contractor's
license for any offense grievous in nature.
G.
After such revocation, the licensee may request a
public hearing before Township Council. The licensee must notify the
Township Clerk, in writing, of a request for a hearing within 20 days
of the termination notice issued by the Chief of Police.
H.
In all cases and in addition to any other penalty,
if a municipal towing contractor overcharges a vehicle owner, the
contractor will return the excess money paid.
Any complaint or dispute by an owner of a vehicle
that is towed or stored without the owner's consent pursuant to the
provisions of this chapter shall be submitted to the Chief of Police
or his designee, who shall promptly investigate and resolve any disputes.
