[Amended 5-19-2016 by Ord. No. 8-2016]
Tow company operators engaged in the practice of removing motor
vehicles from private or public property are governed by the Predatory
Towing Prevention Act, N.J.S.A. 56:13-7 et seq., (the "Act") and this
chapter. Appointments of towers shall be by contract for an initial
period commencing on or about April 1, 2016, and ending March 31,
2019. The governing body of the Township, at the beginning of each
three-year period, shall authorize a contract or contracts for the
appointment of towers to be called by the Burlington County Central
Dispatch at the request of or on behalf of the Public Works Department
or the Police Department on a rotating weekly basis. Each weekly period,
which shall begin at 12:01 a.m. on Mondays and end at midnight the
following Sundays, shall be assigned to a different tower, if more
than one tower is awarded a contract. An annual nonrefundable fee
of $300 shall be paid to the Township by each tower so authorized
each year prior to March 15. The appointment or appointments shall
be made after the submission of an application as hereinafter set
forth, and the review and recommendation of the same by the Business
Administrator, said appointment to be made by resolution of the Township
Council authorizing towing contracts. Any tower receiving appointment
shall be placed on a weekly rotation list, which shall entitle the
tower(s) to exclusive towing rights during the weekly rotation period.
In the event that the tower assigned to a particular rotation does
not respond to a call within the response time prescribed herein and/or
refuses to respond to a call, then the next tower on the list shall
be called during said rotation, but only for that particular incident.
The foregoing shall not be construed as authorizing a tower to fail
or neglect to meet any and all obligations pursuant to the contract
with the Township and/or this chapter. Tower(s) wishing to reapply
at the end of their three-year appointment will be required to complete
the application process again to include a $300 annual nonrefundable
fee submitted to the Township, if appointed. Applications for the
next three-year period shall be received no later than March 1 of
the third year of the preceding contract period.
By entering into a contract for towing services with the Township,
the tower agrees that all personnel and equipment used shall be and
remain the property of the tower, and in no event shall the property
or any employee of the tower be considered belonging to or employed
by the Township. The tower is in no way or sense an agent or employee
of the Township.