[HISTORY: Adopted by the Township Council
of the Township of Lower by Ord. No. 99-6 (Ch. XXII of the 1975 Code);
amended in its entirety 10-21-2013 by Ord. No. 2013-22. Subsequent amendments
noted where applicable.]
The purpose of this chapter is to establish pursuant to N.J.S.A.
40A:11-5(1)(u) a list of licensed towing contractors to provide towing
and storage services to the public, the Township and Police Department
on an equitable rotating basis in a safe, efficient, and convenient
manner and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations
which set towing and storage rates and govern towing contractors engaged
in the business of towing and storing vehicles.
The following words and terms, when used in this chapter, shall
have the following meanings:
The removal and transportation of any vehicle at the request
of authorized personnel or Police Department as may be required when
abandoned, disabled, damaged in accidents, illegally parked, recovered
after being stolen or, in cases of emergency, from a highway, street
or other public or private road, or a parking area, or from a storage
facility, and other services normally incident thereto, but does not
include recovery of a vehicle from a position beyond the right-of-way
or berm or from being impaled upon any other object within the right-of-way
or berm.
The Chief of the Police Department or his/her designee.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles,
and that is secured by a locking device on each opening which has
been approved by the Chief of Police.
All towing services which are not basic towing services.
An individual, corporation, partnership, association, trust
or any other entity which may or may not be on the rotary list which
provides towing services by aiding a towing contractor who is performing
towing services pursuant to this chapter.
A vehicle storage facility that is not indoors and is secured
by a fence, wall or other man-made barrier that is at least six feet
high and is installed with a passive alarm system or a similar on-site
security measure and adequately lighted at night, which has been approved
by the Chief of Police.
An individual, corporation, partnership, association, trust
or any other entity.
The Lower Township Police Department.
An outside secured or inside building area, located within
the Township's corporate boundary line, used to store towed vehicles
and which has been approved by the Chief of Police.
An individual, corporation, partnership, association, trust
or any other entity which is engaged in the business of towing vehicles.
A towing company which is placed upon the rotary list that
performs towing services for the Township.
The Township of Lower, County of Cape May, State of New Jersey.
A storage area or lot owned by the Township, if any.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by their manufacturer for the removal or transport of private
passenger automobiles. Tow vehicles fall into two weight classifications
under state regulations, each with defined insurance limits:
Light-/medium-duty tow vehicles have a gross weight of less
than 32,000 pounds and are required by state regulation to carry minimum
liability insurance coverage of $750,000; and
Heavy-duty tow vehicles have a gross weight of 32,000 pounds
or more, and are required by state regulation to carry a minimum liability
insurance coverage of $1,000,000.
Any vehicle or motor vehicle as defined by N.J.S.A. 39:1-1
et seq.
A.
This chapter hereby establishes a rotary list of towing contractors
to provide basic and nonbasic towing and storage services for the
Township on a rotating basis. No towing contractor shall be placed
upon or permitted to remain on the rotary list unless licensed in
accordance with the terms of this chapter. The Police Department will
maintain the rotary list and determine the time period for each rotation
and dispatch towing contractors in the order they appear on the rotary
list. The list of towing contractors shall be determined by and under
the direct supervision of the Chief of Police.
B.
A towing contractor shall be placed on the rotary list in the order
in which its application is approved. Each new towing contractor shall
initially be placed last on the list.
C.
If a towing contractor is called and for any reason does not, or
is unable to perform the requested towing service, the next towing
contractor on the list will be called and shall provide towing services.
If no towing contractor on the rotary list is able to perform towing
services when necessary, the Township shall have such service performed
by an outside contractor.
D.
Any owner or operator of a vehicle receiving towing services may
request a specific towing company. The Police Department is authorized
to contact the requested towing company and shall not be required
to comply with the provisions of this chapter, provided the requested
towing company is capable of rendering towing services within a reasonable
time, and is capable of cleaning and removing all vehicular debris
from the area of the motor vehicle accident scene. In the event the
requested towing company is also a towing contractor, the towing contractor's
place in the rotary list shall not be affected.
E.
In the event the Police Department determines that an emergency or
hazardous condition exists that must be remedied immediately, the
Police Department shall take control of the management of the emergency
or hazardous condition and the towing procedures necessary to effect
the remedy. The officer may request a towing contractor or any towing
company without regard to the rotary list. In the event a towing contractor
is requested out of order on the rotary list, that towing contractor
shall forfeit their next turn on the rotary list to the next towing
contractor.
F.
The Police Department shall determine the order in which vehicles
will be towed from the scene.
G.
No towing contractor shall appear on the rotary list more than once.
A person having an ownership interest in a towing contractor that
is on the rotary list shall disqualify any other towing company in
which that same person has an ownership interest from being on the
rotary list unless each towing company in which the person owns an
interest can satisfy the following criteria:
(1)
Is a separate entity registered with the State of New Jersey or other
state;
(2)
Utilizes and maintains a separate storage facility at a separate
location and operates its towing business from a separate location;
(3)
Maintains a separate insurance policy;
(4)
The tow vehicles used by the towing contractor are registered to
that towing contractor.
H.
No towing contractor shall lease its tow vehicles to another towing
contractor or otherwise enter into any business relationship the purpose
of which is to receive multiple listings on the rotary list.
A.
Any towing company seeking placement on the rotary list shall be
required to submit an application to and receive the approval of the
Police Department before issuance of a towing contractor's license.
B.
All applicants are required to complete an application furnished
by the Township Clerk, providing any and all information required
by the Chief of Police as well as any supplemental information requested
by the Chief of Police thereafter.
C.
All applicants seeking placement on the rotary list pursuant to this
chapter and any person who will be operating a tow vehicle on behalf
of the applicant shall be properly licensed by the New Jersey Motor
Vehicle Commission, possess safe driving records and be of good moral
character. The applicant shall also provide his or her driver's license
abstract and information as well as for each person who will be operating
a tow vehicle. The Police Department shall conduct a background investigation
and has the discretion to deny a license to any applicant(s) or employee(s)
who does not meet the applicable standards in this chapter.
D.
If the applicant is approved by the Police Department, the Chief
of Police shall furnish a report to the Township Council with his
recommendations, and the Township Council may then approve or disapprove
the application, in its sole and absolute discretion.
E.
A license may be revoked at the discretion of the Chief of Police
for good cause, including but not limited to:
F.
Licenses shall be renewed annually from January 1 to December 31
of the succeeding year.
G.
All applications shall be accompanied by a nonrefundable fee of $500.
All towing contractors shall be required to comply with the
following provisions:
A.
To reduce response time for the safety and welfare of the public
and Police Department and to ensure the adequacy and security of storage
facilities, maintain a place either an inside building or outside
secured storage facility within the Township, which storage facility
shall be of sufficient size to accommodate the Township's needs and
subject to any and all provisions contained in this chapter and ordinances
of the Township and further subject to inspection by the Police Chief
or his or her designee.
B.
All tow vehicles used by towing contractors which are utilized to
render services under this chapter must be principally garaged within
the confines of the Township.
C.
Comply with all Township ordinances, pay all taxes, assessments, licensing fees or fines when due, comply with the requirements of Title 39, Chapter 3, Article 3 of the New Jersey Statutes, and all regulations governing tow vehicles promulgated by the New Jersey Motor Vehicle Commission or any other law or regulation of any state, federal or other governmental agency, department, division or commission having jurisdiction.
D.
Any person who operates a tow vehicle must be at least 18 years of
age, possess a valid driver's license, and comply with the applicable
provisions of this chapter and no person shall be permitted to operate
a tow vehicle where such operator has accumulated six or more points
or committed three or more moving violations pursuant to N.J.A.C.
13:19-10.1 or been convicted of a serious traffic violation, as defined
in N.J.S.A. 39:3-10.11, within any two-year period.
E.
Storage facilities; hours; transporting vehicles.
(1)
Towing contractors shall deposit and store towed vehicles only at
a storage facility located within the Township, unless the owner or
operator of the vehicle requests otherwise.
(2)
After normal business hours and on weekends and holidays, the towed
vehicle shall be taken to the towing contractor's storage facility
and arrangements shall be made with the owner to have the vehicle
transported to the owner's requested destination as soon as possible.
(3)
The towed vehicle owner or designated agent shall first make arrangements
with the towing contractor in person or by phone in advance to arrange
for payment or to take possession of the vehicle.
(4)
All storage facilities shall have personnel available within 15 minutes
for the owner of a motor vehicle to recover said motor vehicle between
the hours of 8:00 a.m. through 5:00 p.m., Monday through Friday, and
personnel available by appointment on weekends and holidays between
the hours of 8:00 a.m. and 5:00 p.m.
[Amended 4-5-2021 by Ord. No. 2021-04]
(5)
No towing contractor shall unreasonably deny access to a vehicle
by an owner or his or her agent for the purposes of removing personal
property, including but not limited to wallets, purses, and car seats.
The towing contractor may deny access to a vehicle to prevent removal
of fixed objects, including but not limited to car stereos, speakers,
and seats.
(6)
No towing contractor shall request or demand any person to sign any
document requiring the owner or operator of a vehicle involved in
a motor vehicle accident to have the vehicle repaired at any specific
location or body shop.
(7)
All storage facilities shall have appropriate security and protection
for the towed vehicle and shall be in compliance with all state and
Township laws, ordinances and regulations. Appropriate security and
protection shall mean an area approved by the Chief of Police that
provides at a minimum, for an outside secured area, a locked, six-foot-high
fenced-in area with a passive alarm system or a similar on-site security
system that is adequately illuminated at night, and for an inside
building storage area, at a minimum a locking device on each opening
to the exterior with a passive alarm system or a similar on-site security
system.
F.
Towing services must be provided on a twenty-four-hour, seven-days-per-week
basis. Towing contractors will be contacted by radio or mobile phone,
and all tow vehicles must be on the site of the event within 15 minutes
of receiving the call from the Police Department and must clean and
remove all vehicular debris from the area of a motor vehicle accident.
G.
All towing contractors shall give priority to requests for towing
services made by the Township over requests made by other parties
during adverse weather conditions or other emergency conditions.
H.
The Chief of Police shall promulgate, adopt and enforce such other
reasonable rules and regulations for towing contractors and storage
facilities deemed appropriate, which shall be subject to the review
and approval of the Township Council.
A.
The following fees are established as the maximum rates which can
be charged for towing and storage of motor vehicles.
(2)
The following is the fee schedule for nonbasic towing services:
(a)
Charges for the use of jacks and dollies: $10 over regular tow.
(b)
Charges for each beach tow: $25 over regular tow.
(c)
Winching/uprighting: $2.25 per foot per cable.
(d)
Cleanup: $30.
(e)
Any required additional labor: $25 per hour per person.
(f)
In the event that a towing contractor requires assistance from
outside contractors, such as the Township or a towing contractor using
heavy equipment, such outside contractors will be paid a fair rate
and all sums due pursuant to this subsection shall be payable to the
towing contractor in addition to his fee, and reimbursed to the outside
contractor by the towing contractor. Any rate dispute shall be arbitrated
by the Chief of Police or his designee.
(g)
In the event that the nonbasic towing services involve unusual
circumstances in which the services provided are extraordinary such
as, without limitation, lifting a vehicle from an embankment or a
vehicle which has descended over a pier or sea wall, the towing contractor
shall contact the on-call police officer in charge of traffic control
to explain the circumstances involving the nonbasic towing services
and request approval for charging amounts which are in excess of the
fees set forth herein. If the on-call police officer in charge of
traffic preapproves such additional charges, the towing contractor
shall be permitted to bill such additional charges for the nonbasic
towing services. If the rate is disputed by the person owning the
vehicle or otherwise being charged for the towing services, such a
dispute shall be submitted to the Chief of Police or his designee
for a determination of whether the rate is fair and reasonable, and
such determination shall be binding upon the towing contractor.
(h)
Towing of Township vehicles: $50.
(i)
Towing of motorcycles: $125.
(j)
The fee for hookup (if a vehicle has been hooked up and ready
to tow and then claimed by its owner) shall be $60.
(k)
Standby time. If a tow operator is called to the scene of an
accident or theft-related tow and is required to wait at that scene
prior to removing the vehicle, this by direction of the Police Department,
a fee of $50 shall be imposed.
(3)
The following is the daily fee schedule for storage services:
[Amended 1-23-2019 by Ord. No. 2019-02; 7-5-2023 by Ord. No. 2023-12]
(a)
Inside building: $30 per day.
(b)
Outside secured facility: $25 per day.
(c)
Outside contractors, towing companies, and/or towing contractors shall be prohibited from charging storage fees in situations where vehicles are stored within municipally owned lots or on municipally owned property. In the event the vehicle is thereafter towed to an inside building or outside secured facility owned, managed and/or maintained by an outside contractor, towing company, or towing contractor, it shall be permitted to charge the fees set forth within Subsection A(3)(a) and (b) herein.
B.
There shall be no additional charges, other than those provided in
the schedule, including but not limited to flatbedding, waiting time
and additional labor.
C.
The above towing charges shall not apply when the operator of a motor
vehicle elects to be towed to a destination other than the licensed
storage facility. In such cases, the towing charges shall be mutually
agreed upon between the operator of the vehicle and the towing contractor.
The towing and storage fees set forth for basic towing service
and those billed for nonbasic towing service are the amounts that
the towing contractor will charge to the vehicle owner or its representative.
The Township shall never be responsible for payment of any towing
and storage charges which may have been incurred by reason of instructions
from the Police Department, except for Township-owned vehicles. The
towing contractor shall accept all major credit cards, including,
without limitation, MasterCard, Visa and American Express.
A.
Towing contractors shall be required to purchase and maintain, during
the time of service on the rotary list, proof of insurance furnished
by an insurance company with a B+ or better rating as published in
the most recent edition of "Best Insurance Key Rating Guide," which
is licensed to do business in the State of New Jersey. The minimum
coverage and liability limits shall be as follows:
(1)
Comprehensive general liability insurance: The limit of liability
shall not be less than $1,000,000 combined single limits (bodily injury
and property damage) per occurrence and $1,000,000 aggregate, including
premises operations and products/completed operation or such other
amounts as may be required by the Township Council in its sole and
absolute discretion.
(2)
Automobile liability insurance: The limit of liability shall be not
less than $1,000,000 combined single limits (bodily injury and property
damage) per occurrence and $1,000,000 aggregate, with a deductible
of not greater than $1,000 or such other amounts as may be required
by the Township Council in its sole and absolute discretion.
(3)
Garagekeeper's legal liability insurance: The limit shall be not
less than $300,000, with a deductible not greater than $1,000, or
such other amounts as may be required by the Township Council at its
sole and absolute discretion.
(4)
Workers compensation insurance as required by law.
B.
On all liability policies, the Township shall be named as additional
insured, and insurance certificates shall indicate such coverage.
C.
Insurance coverage shall indemnify, to the extent permitted by law,
the Township and the public against any loss due to injuries, accidents
or damages of any character whatsoever, where any such damage is the
result of act or omission of the towing contractor, its agents or
employees in or due to the execution of the work called for under
this chapter.
D.
Liability insurance policies shall be specifically endorsed to provide
on-hook and collision insurance for vehicles in tow, which amounts
shall be subject to approval by the Township Council.
E.
Towing contractors shall provide the Township with the certificates
of insurance and the actual copies of the policy endorsements that
name the Township as an additional insured.
F.
The provision of any insurance required herein does not relieve the
towing contractor of any of the responsibilities or obligations assumed
by the towing contractor for which the towing contractor may be liable
by law or otherwise. All vehicles and personnel utilized by the towing
contractor to execute the work under this chapter shall have the above-prescribed
coverage.
Each towing contractor will indemnify and hold harmless the
Township, to the extent permitted by law, from any and all claims
for personal injury or property damage against the Township arising
out of the operation of said towing contractor's towing or storage
services under this chapter. The contractor will further defend the
Township at the towing contractor's expense, in connection with any
claim, demand, suit or action brought against the Township arising
out of any services performed under this chapter.
Any person who violates any section of this chapter shall, upon
conviction thereof, be subject to imprisonment not exceeding 90 days
and/or a fine of not less than $100 nor more than $1,000.
