[Amended 5-19-2016 by Ord. No. 8-2016]
A. 
The tower shall have sufficient equipment to tow any size vehicle utilizing the highways, streets and roads in the Township. The minimum requirements are one heavy-duty, large-capacity wrecker with a minimum of twenty-five-ton capacity, and one medium-duty wrecker with a minimum of a six-ton capacity, and one flatbed with a minimum four-ton capacity. All of the required equipment shall be available exclusively for towing and recovery in the Township during the periods of time that the tower is on duty status under the contract awarded pursuant to this chapter. In lieu of owning a heavy-duty wrecker, the tower shall contract with another entity for heavy-duty wrecking. If a tower does not own a medium-duty wrecker, the tower may contract with another entity for heavy-duty wrecking. Any such contracts with other companies referenced above shall be subject to the fees and charges established in this chapter. The wrecker specifications are as follows:
(1) 
Heavy-duty wrecker.
(a) 
Minimum of twenty-five-ton capacity.
(b) 
Air brakes.
(c) 
Air fittings for releasing air-pressure-lock brakes on dump trucks and tractor-trailers.
(d) 
Underreach capabilities.
(e) 
All required ICC safety equipment must be carried.
(f) 
Must meet all federal and New Jersey Division of Motor Vehicle requirements.
(g) 
Portable safety lighting to be installed on rear of towed vehicle.
(h) 
Off-side truck winching.
(2) 
Medium-duty wrecker.
(a) 
Minimum of six-ton capacity.
(b) 
Chassis requirements should be 19,501 pounds gross weight.
(c) 
Steering wheel lock for towing vehicles from the rear.
(d) 
Wheel lift and underreach capacity.
(e) 
All ICC safety equipment must be carried.
(f) 
Must meet all federal and New Jersey Division of Motor Vehicle requirements.
B. 
At the time of the submission of the application, the tower shall submit proof satisfactory to the Township and the Police Department of ownership of the aforementioned vehicles. Adequate proof shall be proof of ownership by recorded title of the required number of vehicles necessary to meet the chapter requirements or executed lease/rental agreement for the equipment required extending six months beyond the length of the contract. Failure to submit the aforementioned satisfactory proof shall result in the disqualification of the tower.
A. 
The tower shall have sufficient number of employees available to comply with the minimal operational requirements of this chapter. The tower shall indicate in his application the number of employees on call and available to respond 24 hours a day, seven days per week, during an assigned rotation week. If at any time during the contract period a tower fails to have a sufficient number of employees to fulfill their contractual duties they shall notify the Township in writing immediately.
B. 
The tower shall submit with the application to the Township the names and addresses of all proposed drivers and employees who will be rendering service under this contract on behalf of the tower. This information is to be kept current with the Township by the tower.
C. 
All operators of the towers' equipment providing services required by this chapter shall be over the age of 18, must have a valid, current, driver's license, and be certified to operate towing equipment by a state or national professional towing organization.
D. 
No person shall be utilized by the tower to provide services required by this chapter for the Township unless the Township has obtained a criminal or other record check and has been approved by the Chief of Police. The Chief of Police may reject the services of an employee of the tower for the following reasons:
(1) 
Conviction of any crime of the first or second degree.
(2) 
Conviction of any crime involving the use of a firearm.
(3) 
Conviction of any crime involving the manufacture/distribution of any controlled dangerous substance.
(4) 
Conviction of any crime or offense which subjects the employee to the provisions of Megan's Law.
(5) 
Conviction within the last five years for driving under the influence of intoxicating beverages or drugs.
(6) 
Any indictable offense under the law of another jurisdiction that is the substantial equivalent to an offense described in Subsection D(1) to (5) above.
[Added 8-3-2022 by Ord. No. 19-2022]
(7) 
Any conviction of any indictable offense listed in Title 2C, Chapter 20 (Theft Statutes).
[Added 8-3-2022 by Ord. No. 19-2022]
(8) 
Any other indictable offense listed in the chart below:
[Added 8-3-2022 by Ord. No. 19-2022]
Chart of Additional Violent and Serious Offenses
Statute
Description
2C:12-1
Assault
2C:12-1.1
Knowingly leaving scene of motor vehicle accident involving serious bodily injury
2C:12-10
Stalking
2C:12-13
Throwing bodily fluid at officers
2C:14-3
Criminal Sexual Contact
2C:16-1
Bias intimidation
2C:17-1
Arson
2C:17-2
Causing widespread injury or damage
2C:18-2
Burglary of a dwelling
2C:24-4
Endangering the welfare of children
2C:28-5
Witness tampering and retaliation
2C:29-2B
Eluding a law enforcement officer
2C:29-3A(5)
Hindering apprehension of another using force or intimidation
2C:29-3B(2)
Hindering apprehension of oneself using force or intimidation
2C:29-9
Criminal contempt (violation of restraining orders, domestic violence orders, etc.)
2C:40-3B
Aggravated hazing
E. 
No employee of the tower shall perform services unless previously listed by the contractor to the Township.
[Amended 5-19-2016 by Ord. No. 8-2016]
The tower shall be available and shall respond to all calls 24 hours a day, seven days a week, in and/or on behalf of the Township at the direction of the authorized representatives of the Police Department and the Department of Public Works as per the rotation requirements hereinafter set forth, and shall be required to respond to the scene of a call for service anywhere in the Township within 30 minutes. During the rotation the tower has exclusive rights and responsibility to tow vehicles on behalf of the Township, said tower shall be called or dispatched first by Burlington County Central Communications and/or the Pemberton Township Police Department. In the event that said tower is unavailable with respect to a particular incident, then the next tower as set forth on the rotation list shall be called or dispatched to the scene. Such action shall not relieve the tower scheduled for the rotation at the time of the call of the responsibility to respond pursuant to the contract with the Township and/or this chapter. In the event that none of the towers set forth on the rotation list are available or are available to provide the appropriate services requested by the Township, or if an emergency exists, the Township may request such services from any other available source. The Township shall determine when an emergency exists. During adverse weather conditions, heavy traffic conditions or emergency conditions, the tower set forth on the rotation list shall give priority to requests from the Township over any other request which may be received by the tower. Notwithstanding the establishment of a rotation list, no tower shall be called until the Chief of Police or his designee has ascertained that the following requirements have been met:
A. 
The insurance policies, as required, have been procured and supplied.
B. 
The vehicle to be used for towing has been properly licensed and inspected by the State of New Jersey and has the necessary stickers affixed. No vehicle shall be licensed as a wrecker which is using dealer plates or which has failed inspection.
C. 
The requirements of this chapter and all other laws, statutes and ordinances have been met.
[Amended 5-19-2016 by Ord. No. 8-2016]
The vehicles must be towed to a location containing a minimum storage area sufficient for the storage of 25 vehicles. The applicant shall submit as part of the application process proof that he owns or can lease the aforementioned minimum storage area. For the convenience of the public and for investigative purposes the storage area must be located within a five-mile radius of police headquarters located at 500 Pemberton-Browns Mills Road, Pemberton, New Jersey 08068. Storage areas shall meet the following requirements:
A. 
The land used for the storage of the vehicles shall be zoned for such use and meet all applicable municipal codes. In addition, it shall be in an area reasonably accessible to the public so that stored vehicles may be claimed. If it is located outside of Pemberton Township, it must meet or exceed those zoning regulations applicable to Pemberton Township.
B. 
No towed vehicle may be parked upon the public street but shall be stored by the tower within the storage area as hereinafter defined and approved by the Township.
C. 
The tower must provide access to the storage area to the Pemberton Township Police Department as needed on a twenty-four-hour-a-day basis.
D. 
The storage area shall accept all types of vehicles and be able to hold at least 25 vehicles.
E. 
The entire land area of the storage location shall be enclosed by a fence of sturdy construction of at least six feet in height and shall be secured with lighting.
F. 
The land used for storage is to be level and clear from all debris and must be clearly marked.
G. 
The storage area shall be used for the storage of vehicles awaiting a claimant or proper disposition. The land shall not be used for storage of vehicles owned by the tower even if the tower purchases same at an auction held on his premises. Vehicles purchased by the tower at an auction held at the tower's storage facility must be removed within the time frame specified on the advertisement.
H. 
The tower shall be responsible for each vehicle and its contents in the tower's possession until final disposition and removal as ordered by the Township. All vehicles, regardless of condition, shall be stored singly and so arranged to permit inspection and subsequent removal. Adequate walkway inspection space shall be provided at all times.
I. 
The storage facility shall have a business office open to the public between 8:00 a.m. and 6:00 p.m. at least five days a week, excluding holidays.
[Amended 5-19-2016 by Ord. No. 8-2016]
A. 
If a tower is in violation of any terms of this chapter, the Chief of Police shall notify the Township Administrator, who shall notify the tower in writing of the nature of the alleged violation, the proposed action, and the date for a hearing before the Township Administrator regarding same, which date shall be no earlier than 10 days after the date of the notice nor later than 30 days thereof. Subsequent to the aforesaid hearing, the Township Administrator is authorized to suspend a tower's contract for a specific number of rotations and/or terminate a tower's contract and remove said tower from the rotation list for the remainder of the contract period for violations of this chapter. If a towing contract has been terminated for a violation of this chapter, said tower will not be eligible to be considered for contracting towing services with the Township for a minimum period of three years beginning on the date the terminated contract would have ended. Adequate grounds for termination and/or suspension of services shall include but are not limited to a violation of the terms of this chapter, fraudulent or inaccurate application information, unsatisfactory service, negligent or deliberate failure to provided services, failure to comply with the requirements of any section of this chapter, billing irregularities, or the violation of any New Jersey statute or regulation.
B. 
Complaints of any kind relative to service, overcharging, theft of parts, damage to towed or stored vehicles, discourteous treatment and the like shall be referred to the Chief of Police for investigation and recommendation to the Township Administrator, if necessary. Should the tower be located outside of Pemberton Township, any criminal investigation, or complaints of criminal activity including but not limited to theft, damage to vehicles or other activity shall be conducted by the police department having jurisdiction. Complaints (other than criminal complaints) shall be handled by Pemberton Township. Such complaints may be cause for termination of the tower's services and removal from the rotation list by the Township Administrator.
[Amended 5-19-2016 by Ord. No. 8-2016]
A. 
The tower shall maintain a written record of all vehicles towed, stored and released by it pursuant to this chapter. Such records shall include the full name and current address of the owner of the vehicle, the towed vehicle's identification number, the towed vehicle's license plate number, the name and address of the insurer of the vehicle, if any, and the name and telephone number of the insurer's representative. All records shall be kept for a seven-year period. The tower shall be responsible to safeguard and release the vehicle and the contents left with the vehicle to the owner.
B. 
The tower is to notify the Chief of Police or his designee, in writing, once a vehicle is towed pursuant to this chapter, and has been in the tower's possession for a period of seven calendar days.
C. 
The tower shall not release vehicles towed pursuant to this chapter without the claimant first obtaining a written release from the Police Department. In addition, the tower shall notify the Chief of Police, or his designee, of the release of a vehicle towed pursuant to this chapter within 24 hours of such release.
D. 
The Chief of Police or his designee shall have access to any part of the storage area at any time of the day or night for inspection purposes, including both indoor and outdoor areas. Authorized representatives of the Police Department or the Township Administrator or their designees shall have access to any of the records required to be kept by the tower. Access to these records shall be provided to the Chief of Police, Township Administrator, or their designees, upon their request during normal business hours.
E. 
The service, equipment and personnel of the tower are subject to inspection and approval by the Township. The Township reserves the right to have a qualified person or agency make such inspections.
F. 
Pursuant to N.J.S.A. 56:13-17(11), every towing company that performs private property or other nonconsensual towing shall retain and make available for inspection by the New Jersey Division of Consumer Affairs for a period of three years, invoices, job orders, logs, claims for reimbursement from insurance companies and other documentation relating to all consensual and nonconsensual towing services performed and rates charged for the services.
A. 
Any disputes over the interpretation of this chapter, including the reasonableness of any fees assessed, shall be settled amicably, if possible, through negotiations between the tower and the Township Administrator.
B. 
In cases where the Township has been at fault in wrongfully directing that a vehicle be towed, the tower may petition the Township Administrator for reimbursement of costs incurred in the towing and storage of said vehicle.
A. 
In addition to the service requirements of this chapter, the tower shall be required to furnish extra towing equipment and service during storm periods, periods of snow emergencies, traffic emergencies, disasters, any acts of God and for any other reason when so designated by the Township Administrator, the Chief of Police or their authorized representatives. During such periods, which are herein referred to as "standby service periods," the tower shall be required to furnish adequate equipment and service and be prepared to remove all types of vehicles.
B. 
Standby service will begin when the Chief of Police or his authorized designee alerts the tower to the standby service period and will end when the Chief of Police terminates the standby status by calling the tower.
C. 
The Township reserves the right, during any emergency, to designate temporary areas owned or leased by the Township for the storage of disabled vehicles in said area at the direction of the Chief of Police or his designee.