[HISTORY: Adopted by the Township Committee of the Township
of Cinnaminson 12-21-2020 by Ord.
No. 2020-13.[1] Amendments noted where applicable.
[1]
Editor's Note: This ordinance repealed former Ch. 498, Vehicles,
Towing and Storage of, adopted 3-19-2014 by Ord. No. 2014-6.
The purpose of this chapter is to provide standards, regulations
and rates for police-requested, non-preferential towing and storage
services without competitive bidding, in accordance with N.J.S.A.
40:48-2.49 et seq. and N.J.S.A. 40A:11-5(u), under the supervision
of the Township Committee, Township Administrator, the Chief of Police,
and the Cinnaminson Township Police Department.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle of a private passenger, sport utility or
station-wagon-type that is owned or leased and is neither used as
a public or livery conveyance for passengers nor rented to others
with a driver; and a motor vehicle with a pickup body or a delivery
sedan, a van or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by husband and wife who are residents
of the same household, not customarily used in occupation, profession
or business by the owner.
The removal and transportation of an automobile 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 an automobile 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.
A tow which, based on the weight of the vehicle being over
30,000 pounds gross vehicle weight, or the vehicle's size or special
characteristics, requires the use of special equipment greater than
that used by a basic towing service.
A towing operator licensed hereunder.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accident as to the insured even
if they were caused by the intentional acts of a perpetrator where
the perpetrator was not the insured or not otherwise involved with
the insured.
The Township Police Department, state police, county police
or sheriff's departments or such other law enforcement unit that may
have jurisdiction upon the roadways within the Township.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
An automobile storage facility that is secured by a fence,
wall or other man-made barrier that is at least six feet high with
a locked entrance. The facility is to be lighted at night. The Police
Department shall have twenty-four-hour access to the facility.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by its manufacturer for the removal or transport of motor vehicles.
A person, corporation or other form of business entity engaged
in the business of providing a basic towing service or heavy-duty
tow service to the general public and providing storage facilities
for vehicles towed.
The towing operator's principal place of business where the
tow trucks are stationed when not in use.
As used in this chapter the Township Administrator of the
Township of Cinnaminson. In the absence of the Township Administrator,
any duties herein assigned shall be the responsibility of the Township
Committee Liaison for the Police Department or his or her designee.
The act of a tow operator to utilize heavy-duty cables or
chains to return a vehicle from a berm, ditch or other location off
of the right-of-way so that the vehicle may be properly towed. The
term shall not include the pulling of a vehicle onto a tilt bed carrier
or lifting a motor vehicle with a conventional tow sling.
A.
For ease of operation within the Police Department as well as in
operation of the tow list by central communications, the Township
limits the rotation to five licensed companies. If the rotational
list is not full, the Township will entertain towing applications
at any time; however, said applications will continue to expire at
the end of the two-year term (end of May of even years) and the application
fee shall not be prorated. If the rotational list is full, the Township
will maintain a waiting list and advise those companies on the waiting
list when a vacancy becomes available.
B.
Each such licensed towing operator shall be put on a rotational list
compiled by the Chief of Police and shall be called to respond to
the needs of the police on a rotating basis.
C.
Approved tow operators shall operate on a per-call rotational list.
The Township does not guarantee a minimum or maximum number of tow
calls during a contract period. If a tow operator is called for a
tow and does not acknowledge the call within five minutes and respond
to the scene within 20 minutes, the tow operator shall be skipped
with no compensation and the next tow operator on the list shall be
summoned.
(1)
Tow operators are called on a rotational list by Burlington County
Central Communications ("Central"). The Township recognizes that a
tow company may be tied up on other calls when needed by Cinnaminson.
If a tow operator cannot meet the requirements of this chapter and
respond to the scene within 20 minutes, it has an obligation to immediately
inform Central. The tow company is not permitted to assign the work
to another tow company. If the company cannot handle the call, Central
will immediately notify the next tow company on the rotational list
and the originally called tow company will be skipped in the rotation.
The importance of this process cannot be overstated.
D.
Only those tow companies that can perform both basic tow services
and heavy-duty tow services shall be considered for the rotational
list.
E.
On a rare occasion, the Township shall require that an automobile
be towed to a secured location other than the tow operator's storage
facility. In such cases, the tow operator shall tow the vehicle free
of charge to the Township and shall not lose its place on the rotation
list (i.e., the same tow company will be called for the next paid
tow).
F.
Fatalities and serious bodily injury accidents. The Township reserves
the right to contact the tow company of its choice to respond to a
fatality or serious bodily injury accident. In making this decision,
the officer on the scene will consider the extent of the detail and
care necessary to preserve evidence and the storage location for follow-up
investigation by all law enforcement agencies and/or the National
Transportation Safety Board. The rotational list will return to its
normal order after such a rare call.
G.
Municipal tows. The Township may require the tow of a municipal vehicle
or a minor service repair when the public work yard is closed (example:
fix a flat). As a service to the public, the next tow company shall
be called and respond without charge to the municipality. That tow
operator shall not lose its spot in the rotational list and shall
be called for the next paid tow after it is cleared from the municipal
call.
A.
Except for the occasional solicited towing incident allowed under § 498-8 hereof, no towing operator shall operate within the Township without obtaining a license in accordance with the provisions of this chapter.
B.
Every applicant for a license shall complete, sign and verify a written
application in the manner and on forms furnished by the Township Clerk
and, if no forms are made available, the information shall be furnished
on the tow operator's letterhead. The application shall include:
(1)
Name, business address, residential address and telephone numbers
(cell phone, residence and business numbers) of the towing operator
and principal owners thereof.
(2)
Locations of storage areas for tow trucks, towed vehicles and all
other vehicles used in the towing operator's business.
(3)
The application shall be accompanied by the following supporting
documentation:
(a)
Zoning certification (issued by the Municipal Zoning Officer/Construction
Official) and Fire Subcode certification (issued by Fire Official)
that the property and structures comply with all approvals. Both certifications
shall be issued within the 60 days prior to the applications submittal.
Any applicant with outstanding zoning and/or construction code violations
will be automatically denied an application if the same is not cured
within 30 days notice from the Township official. If the Zoning Officer
or Fire Official has not responded to the request, the applicant may
submit proof that the applicant's requested such approval in lieu
of the actual approval.
(b)
Deed of ownership or lease agreement for storage locations.
All lease agreements shall cover, at minimum, the entire two-year
term of the contract plus one month. For example, the lease agreement
for the next term must demonstrate control of the storage area through
May 31, 2022.
(c)
The applicant shall confirm if it is capable of performing basic
tows and heavy-duty tows.
(d)
The tow operator shall have a sufficient number of employees
available to comply with the minimum operational requirements of this
chapter. The number of employees on duty, on call and available to
respond 24 hours a day, seven days a week shall not be less than three
qualified individuals. The tow operator shall submit a roster of employees
(by name and address). That list shall be accompanied by a certified
driver's abstract of each identified employee. Said abstract shall
be issued by the New Jersey Division of Motor Vehicles within the
60 days prior to the submission of the application.
(e)
Background checks will be performed internally by the Cinnaminson
Police Department as well as through the New Jersey State Police through
a fingerprint system. Applicants will be required to submit fingerprint
background checks through the state's Morpho Trak System or the state
system existing at the time of the application process. All costs
associated with the fingerprint background check will be borne by
the applicant. No person shall be utilized for towing or perform any
services under this contract unless the Township has obtained a criminal
background and motor vehicles records check and the individual has
been granted approval by the Chief of Police. A driver shall be automatically
disqualified where the individual has been convicted of a crime of
the fourth degree or higher within the past five years, unless waived
by the Chief of Police for good cause. Any driver convicted of a disorderly
persons offense shall be authorized at the discretion of the Chief
of Police taking into account the nature of the crime, the date of
the event and efforts taken by the individual to make societal amends.
(f)
Roster of tow trucks and other vehicles (by registration number
and serial number).
(g)
Certificates of insurance as required herein.
(h)
Affirmative action certification.
(i)
Stockholder's certification (if applicable).
(j)
Names and addresses of three references from businesses, companies
and/or municipalities with whom applicant is or has provided towing
recovery and storage services. Failure to provide such list will not
automatically disqualify an applicant.
(k)
Certification that applicant will be available for service premises
24 hours per day, seven days per week, and that applicant will comply
with the fees and procedures contained in or referenced in this chapter.
(l)
A current fee schedule recognizing the maximum fees permitted
by this chapter.
(m)
A nonrefundable $250 application fee shall be paid to the Cinnaminson
Township by each applicant.
(n)
Such other information as the Township Committee, Township Administrator
or Chief of Police may reasonably prescribe.
C.
Tow operators have the continuing obligation to keep the above application
requirements up-to-date throughout the entire term of the contract
including notifying the Police Department of new hires and providing
a certified driver's abstract and submitting to a criminal background
check prior to the employee engaging in tow services for Cinnaminson
Township.
D.
A license, once issued, shall be valid for a maximum of two years
and will expire on the last day of May in even-numbered years. All
vendors shall reapply one month prior to the expiration of the current
license using a renewal application and paying the applicable registration
fee.
E.
No more than one license shall be granted to any applicant. No licensee
shall have any interest in any other license. The person or persons
comprising the ownership or partial ownership of one towing entity
shall not submit an application for another entity under a separate
corporate name thereby obtaining two spots on the rotational list.
For example, Jones and Jones Towing can submit an application but,
if it does, one of the Jones members may not submit a second application
under a different corporate name to control two spots on the rotational
list.
F.
Once issued, a license is not transferable.
G.
The Chief of Police is charged with the responsibility of investigating
new and renewal licensees. Upon completion of an investigation, the
Chief of Police shall report his recommendation to the Township Clerk.
A recommendation of approval shall be predicated upon the Chief of
Police determination that:
(1)
The applicant is financially capable of sustaining the business of
a towing operator in the Township.
(2)
The applicant and all individuals identified on the roster of employees
are of good moral character and meets the general standards of this
chapter, as hereinafter set forth. The applicant shall authorize a
personal background check, commercial, credit and personal references
and such other investigative checks as the Chief of Police may require.
(3)
If a previous licensee, the applicant has met the performance standards
of this chapter, as hereinafter set forth.
(4)
The applicant demonstrates the adequacy of equipment and facilities,
availability and adequate response time and the security of the vehicles
towed or stored, all as specified in the standards of this chapter,
hereinafter set forth.
H.
The Township Clerk shall issue a license to any applicant recommended
for approval by the Chief of Police. The Township Committee shall
therein adopt a resolution authorizing the execution of a contract
for services with each licensee.
I.
On or about June 1, the Township Clerk shall furnish the list of
licensees for that two-year cycle to the Chief of Police and to all
applicants, whether or not approved.
J.
The applicant not so approved may appeal to the Township Administrator.
Any such appeal shall be filed within 10 days after receipt of the
list of licensees from the Township Clerk. The Administrator shall
undertake a review of the reasons for rejection by the Chief of Police
and shall make an independent determination based upon the standards
and criteria of this chapter and the investigative file developed
by the police.
A.
Complaints of any kind, relative to service, overcharging, theft
of parts or vehicle contents, 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 Committee,
if necessary. The Township shall notify the tow operator, in writing,
of a pending investigation.
B.
The Chief of Police shall allot a reasonable time to correct an issue
confirmed by the investigation and notify the subject his findings
and time to correct such issues. If the violation is not corrected
within the time allotted, the Township may suspend or revoke the contract
and immediately remove the tow operator from the rotation list or
lists. Removal from the tow list shall occur only for the most egregious
violations, including, but not limited to, safety violations.
C.
Adequate grounds for a revocation of the contract shall include,
but are not limited to, a violation of the terms of this chapter,
fraudulent or inaccurate application information, unsatisfactory service
or the violation of the New Jersey Department of Insurance rules and
regulations or any statute or regulation of this chapter.
D.
The tow operator has the right to appeal to the Township Committee
within 10 days of the receipt of the Township's written decision and
shall receive a hearing within 30 days of the receipt of the notice.
E.
Upon conclusion of the hearing, the Township Committee shall determine
whether to affirm, reverse or modify the Township's decision. If the
tow operator's license is revoked, the tow operator shall not be eligible
to reapply for two additional years from the date of revocation at
the next contract term.
A.
Responsibilities. Licensee shall:
(1)
Provide tow services on a twenty-four-hour, seven-days-a-week basis,
including holidays.
(2)
Respond to all calls for service from the police within 20 minutes
after notification by the police.
(3)
Have a minimum of two tow trucks capable of towing most standard
vehicles and have at least one heavy-duty wrecker with a minimum of
30,000 pounds gross vehicle weight rating.
(4)
Maintain its towing operator's base of service and storage facility
for Cinnaminson tows in a location that is accessible to all areas
of Cinnaminson Township within 20 minutes under normal driving conditions.
(5)
Maintain a storage area which shall include adequate storage space
for at least 20 vehicles, 10 of which spaces shall be dedicated exclusively
to the storage of vehicles that were removed under the provisions
of this chapter. For the heavy-duty tows, the licensee must also identify
a separate area not less than 15 feet by 30 feet for the storage of
a heavy-duty vehicle. The storage area shall be open a minimum of
eight hours per day (9:00 a.m. to 5:00 p.m.), Monday through Friday,
except legal holidays, for reclaiming automobiles. All such storage
facilities must be maintained in compliance with local, state and
federal laws and regulations, and vehicles must be stored in compliance
with all applicable ordinances and only on premises approved by the
Township unless otherwise authorized by the owner of the vehicle and
permitted by law. The Police Department shall have twenty-four-hour
access to the storage facility for investigative purposes.
(6)
Maintain all insurance coverages in accordance with the standards
hereinafter set forth.
(7)
Pass the background checks identified herein.
(8)
Train their tow truck operators in the use of all required equipment
and the performance standards of this chapter.
(9)
Require their tow truck operators to have a personal driver's license
with no restrictions or conditional endorsements, except if prescription
glasses are required; and to have a commercial driver's license, if
required by law; and present a neat appearance at all times.
(10)
Have at least one year of continuous experience in emergency
towing, recovery and storage of motor vehicles for law enforcement
agencies. Such experience shall be verifiable and proven to the satisfaction
of the police at the time of application for license. This provision
shall not prevent the issuance of a license but shall be a factor
weighed in considering the issuance of a license to a new tow operator
business.
(11)
Maintain written records for at least six years from the date
of the service of all tows performed and all signed acknowledgments
of receipt of vehicles by owners or authorized agents.
(12)
The tow operator shall submit monthly reports, on or before
the 10th of the month, to the Cinnaminson Township Police Department
of all vehicles towed the previous month, as well as vehicles which
are unclaimed from previous months. The report shall identify each
vehicle by make, model, year, license plate, VIN/serial number and
police incident/case number. In addition, the odometer reading is
needed on all vehicles left on the lot over 30 days. Motor Vehicle
Commission requires this information when requesting a title for auction.
The contractor further agrees to furnish the Township with such records,
reports and information of services rendered as the Township may reasonably
request. The Township reserves the right to amend the minimum list
of reporting requirements from time to time.
(13)
Failure to adhere to these requirements will result in the tow
operator being suspended from the tow list pursuant to the procedures
in this chapter until the compliance issue is resolved.
B.
Insurance requirements.
(1)
All licensees shall maintain the following insurance coverages:
(a)
Worker's compensation and employers liability insurance. A tow
operator shall procure and shall maintain worker's compensation insurance
in accordance with statutory requirements for all of his/her employees
to be engaged in work on the project.
(b)
General liability insurance. The tow operator shall procure
and maintain, during the entire time it is performing services under
Chapter 136 of the Township Code,[1] general liability insurance of not less than $1,000,000
in any one occurrence and $2,000,000 aggregate.
[1]
Editor's Note: So in original.
(c)
Automobile liability insurance. The tow operator shall procure
automobile liability insurance for claims arising from owned, hired,
and non-owned vehicles with limits of not less than $1,000,000 per
occurrence.
(d)
Excess liability insurance. In addition to the above general
liability and automobile liability insurance requirements, the tow
operator shall maintain an additional $4,000,000 insurance umbrella.
(e)
Garage keepers liability insurance. The tow operator shall secure
and maintain during the life of this contract garage keepers liability
insurance in an amount not less than $120,000 per location.
(f)
Public liability and property damage, contingent liability insurance.
The tow operator shall also carry public liability and property damage,
contingent liability insurance to indemnify the Township of Cinnaminson
and the public against any loss due to injuries, accidents or damages
of any character whatsoever, where any such damage is the result of
any act or omission of the tow operator, his agents or employees in
or due to the execution of the work called for under the contract
and this chapter. Public liability insurance limits shall be at least
$500,000 per accident and be specifically endorsed to provide collision
insurance for vehicles in tow.
(2)
Each policy required herein shall contain an endorsement providing
for 20 days' notice to the Township in the event of any change or
cancellation and shall be with insurance companies acceptable to the
Township and operating on an admitted basis in the State of New Jersey.
Each policy required herein shall name the Township as an additional
insured.
(3)
In addition, the tow operator shall have coverage for contractual
liability and also name the Township as an additional insured. All
insurance required hereunder shall remain in full force and effect
for the period of the contract. Insurance policy shall cover on an
occurrence basis.
(4)
Certificate of insurance. Certificates of insurance showing that
both the tow operator and the Township of Cinnaminson are named as
additional insured, in conformance with the above, shall be furnished
to the Township Administrator, subject to approval of the Township
Solicitor, Risk Consultant, and filed with the Township Clerk.
C.
Minimum equipment requirements.
(1)
Equipment to be carried on all tow trucks should include the following:
a universal towing sling, except flatbeds; J-hooks and chains; one
snatch block for three-eighths-inch to one-half-inch cable; two high-test
safety chains; an auxiliary safety light kit to place on the rear
of a towed vehicle; four-lamp or three-lamp revolving amber light
or lamp bars; a tool box with assortment of hand tools; rear working
lights and rear marker lights; cab lights; body clearing lights located
to clear a towed vehicle; blocking choke for the tow truck while working;
safety cones; shovels and broom; a steering wheel lock or tie down;
and a two-way radio communication system or cell phone with hands-free
headset. Applicants who do not maintain such equipment shall demonstrate
why the equipment is not necessary.
(2)
In addition, every tow truck shall be equipped with safety tools
to remove disabled or locked vehicles.
(3)
All tow trucks shall be properly lettered on both sides, as required
by law. The name on the truck shall match the applicant name so that
the police officer can confirm that the vendor dispatched is the same
as the vendor that takes the tow.
D.
Performance standards. A licensee shall:
(1)
When on call, provide towing on a twenty-four-hour, seven-days-a-week
basis, including holidays.
(2)
Dispatch a tow truck or trucks, as circumstances warrant, when requested
by the police to respond, in such a manner that the tow truck arrives
at the scene within 20 minutes under normal and reasonable circumstances.
(3)
Maintain and operate all tow trucks in accordance with all existing
traffic regulations and in a safe and prudent manner.
(4)
Not stop at any accident scene unless directed by the police, except
to notify the police of an unattended accident and advise accident
victims that the police have contacted the licensee on rotation; and
not solicit or attempt to divert patrons of another towing operator,
whether or not licensed under this section, or solicit prospective
patrons of a given repair service to any other repair service.
(5)
Not respond to the scene of an accident except upon notification
by the police through the per-call rotation list.
(6)
Not tow vehicles without proper authorization from the police at
the scene or the owner or driver at the scene. Upon such authorization
and if not accompanied by the owner or driver of the towed vehicle,
the licensee shall disclose, in writing, the location of the storage
facility.
(7)
Not release any vehicle impounded or confiscated without proper authorization
from the police.
(8)
Notify the police on a monthly basis of unclaimed vehicles.
(9)
Be responsible for all vehicles and their contents after towing.
If the vehicle is unattended, the licensee shall make an inventory
of any apparent valuable contents at the accident scene and maintain
said inventory at least until the disposition of the vehicle.
(10)
Cooperate with other towing operators in the case of emergency
services at the scene of accidents and/or disasters.
(11)
Comply with police instructions at the scene, even if it means
countermanding towing requests by the owners or drivers of disabled
vehicles.
(12)
Prior to departure from the accident scene, clean and clear
streets of any debris resulting from any accident, and toward that
end carry the necessary equipment to perform such cleaning services.
(13)
Report any dispute between towing operators and/or persons at
the scene to the police; and report to the police any observed disabled
vehicles, accidents or any other activities that may require police
attention.
(14)
Not use flashing lights or sirens except as permitted by the
police pursuant to law.
(15)
Not tow a vehicle for illegal parking until a summons has been
issued.
(16)
Accept at least cash, personal checks, money orders and at least
one major credit card for towing and/or storage services.
(17)
Immediately notify the police in the event that the licensee
is not operational due to mechanical failure, personnel deficiency
or other incapacitating cause.
(18)
Post hours of operation on storage facilities so that the public
may be informed as to when the facilities are open for recovery of
motor vehicles.
(19)
Maintain the public portions of storage facilities as a clean
and safe environment for public invitees.
(20)
Not park or store an impounded vehicle on any public street
or sidewalk or any unsecured area. All vehicles stored shall be stored
in the storage facility as defined herein.
(21)
Not employ any Township employee or allow any Township employee
to have a financial interest in the towing operator's business.
(22)
Clear accident areas of debris upon arrival on the scene.
(23)
Display fees on cards, conspicuously indicating the maximum
rates for towing and storage charges, in each tow truck, and present
a card to the driver of the disabled vehicle to be towed. Such a fee
card shall also be conspicuously posted at every storage facility
and location where the vehicle is to be retrieved.
A.
Generally.
(1)
At the time of tow, each tow operator licensed shall be responsible
for providing a preprinted card identifying the towing company's name,
address, storage location, hours of operation for pickup, phone number
and rates for towing and storage according to the terms of this chapter.
Said card shall be presented and explained to the owner or occupant
of the vehicle on scene or, in the alternative, when the owner or
occupant is absent or not physically or mentally capable of receiving
said card, provided to the officer requesting tow for inclusion in
the police report.
(2)
Towing and storing charges and fees shall be in accordance with N.J.S.A.
40:48-2.50 as well as the provisions of this chapter. Except as otherwise
provided herein, the charge and fee for towing and storage of vehicles
within the Township of Cinnaminson shall be in accordance with the
provisions of the rules and regulations of the New Jersey Division
of Consumer Affairs in the Department of Law and Public Safety. The
Township shall not be responsible for the collection or payment of
any charges for the towing or storage of vehicles. The charges and
fees and rates applicable to services performed pursuant to this chapter
shall be posted in a conspicuous place visible to the public at the
tow operator's storage area and shall be posted on each and every
vehicle. The tow operator shall prepare a bill for charges pertaining
to each vehicle and present the same to the claimant of a vehicle.
The bill shall be itemized in detail as to the actual services rendered
and shall contain a statement that the claimant may complain with
respect thereto to the Township. The Township will not be responsible
for charges due and owing from a claimant of a vehicle. The Township
shall not be responsible for the collection or payment of any charges
for the towing or storage of vehicles. Vehicles impounded as a result
of police investigations involving stolen vehicles or fatal/serious/suspicious
accidents will not result in storage charges to the Township, however
the Township reserves the right to store such vehicles at a location
of its choosing. Said location will include inside storage, lock-down
measures, full access accountability and 24/7 access by the Police
Department.
(3)
In the event the Township conducts an auction of unclaimed abandoned
vehicles pursuant to Title 39, the tow operator's bill for towing
and storage shall be an expense of possession and sale and shall be
paid from the proceeds of such auction. Each vehicle auctioned shall
be a separate item for purposes of this subsection. The title fee
for which the Township must pay the State of New Jersey for title
certificates shall be paid by the purchaser at the auction even if
the tow operator is the purchaser and shall be in addition to the
bid price of each vehicle. In the event the Township determines to
utilize the provisions of Title 39 with respect to unclaimed vehicles,
the tow operator shall receive no compensation for its services but
shall not lose its place on the rotational list.
(4)
The fee for towing a vehicle shall include the service rendered from
the scene where the vehicle is located to the storage area and from
the storage area to the curbline of the property on which is located
the storage area. The charge for towing includes any incidental and
related costs such as connecting and reconnecting a transmission,
drive line or axle. There shall be no additional charges for any other
services, including but not limited to waiting time, cleanup costs
and additional labor, when the towing services as defined herein are
provided, except as otherwise provided herein. The tow operator may
charge a fee for a vehicle lockout service, i.e., when a tow operator
responds and opens a locked vehicle when the owner/operator has locked
the keys in the vehicle or is otherwise unable to open the vehicle.
B.
The rates for all towing and towing-related services shall be as
set forth in the New Jersey State Police Schedule of Services approved
by the Attorney General and implemented by the New Jersey State Police,
as shall be amended. A current listing of rates is attached hereto
and shall be maintained, as amended, by the Chief of Police or his
designee, and towing companies operating within the Township.[1]
[Amended 5-15-2023 by Ord. No. 2023-4]
[1]
Editor's Note: Said Fee Schedules are included as an attachment to this chapter.
C.
Specialized equipment. In cases where the tow operator must hire
laborers or rent or utilize specialized equipment not specified in
this chapter, all reasonable charges therefor shall be paid by the
owner of the vehicle, after the owner of the vehicle or his agent
has given his prior written consent thereto. The consent requirement
may be waived when the Chief of Police deems the vehicle to be a hazard
to health or safety, whereupon said vehicle will be removed by the
direction of the Chief of Police, with the owner then being responsible
for all personnel, equipment and labor costs. The necessity for specialized
equipment shall be determined by the Chief of Police.
D.
Unloading of goods. In the event that it is necessary to unload a
vehicle which has been used for transportation of goods prior to or
after towing, an agreement shall be reached between the tow operator
and the owner of the vehicle or the owner's agent or representative
as to the charge for said service. No written agreement is necessary
in an emergency situation, and the Chief of Police shall determine
when an emergency exists.
E.
Township vehicles.
(1)
During the tow operator's rotation period, the tow operator will
tow any Township-owned vehicle to any location within the Township's
borders without cost to the Township. The tow operator may invoice
for mileage cost (federal rate) if required to tow outside Township
borders. Tows beginning in Cinnaminson Township, going through an
adjacent municipality and returning to Cinnaminson Township do not
qualify for mileage reimbursement. The tow operator performing this
service shall not lose its turn in the rotation.
This chapter shall not prevent the occasional operation at the
scene of an accident, upon the request of an owner or driver of a
vehicle, of a tow truck which is owned by a person not a licensee
hereunder. If a tow operator is called to a scene and subsequently
recalled because of this situation, the tow operator will return to
the rotational list for the next police dispatched tow call. Neither
the vehicle owner or the Township shall be charged for such an event.
Upon the adoption of this chapter, the Township Clerk shall
give 30 days' public notice by newspaper publication of the necessity
of making application for a license to engage in the business of basic
towing service as a licensee of the Township. In addition, the Chief
of Police shall give notice to all towing operators known to have
engaged in basic towing service in the Township for the year last
past. In the year of adoption of this chapter, the Township Clerk
shall identify the date applications are due and the expected date
of award. The initial contracts shall expire on May 31, 2016, regardless
of the date of implementation of this chapter.
The Chief of Police may promulgate such rules, regulations and
procedures, not inconsistent with this chapter, as may be reasonable
and necessary to carry out the provisions of this chapter. Copies
thereof shall be provided to all licensed tow operators and shall
be made available to the public, along with copies of current fee
schedules, during normal business hours. Failure to comply with applicable
rules, regulations and procedures may be the cause of suspension or
revocation of a tow operator's license. The Township Committee may
amend fees from time to time by adoption of a resolution.
The Chief of Police is hereby designated to enforce the provisions
of this chapter and any applicable rules and regulations.
In addition to the suspension and revocation provisions established
herein, any person, firm or corporation violating the provisions of
this chapter shall, upon conviction thereof, be subject to a fine
of not more than $1,000 or to imprisonment for not more than 90 days
or a period of community service not to exceed 90 days, or any combination
thereof; and each day any such violation shall continue shall be deemed
to be a separate and distinct offense.
