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:
AUTOMOBILE
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.
BASIC TOWING SERVICE
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.
HEAVY-DUTY TOW
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.
LICENSEE
A towing operator licensed hereunder.
MOTOR VEHICLE ACCIDENT
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.
POLICE
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.
STORAGE FACILITY
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.
TOW TRUCK
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.
TOWING OPERATOR
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.
TOWNSHIP ADMINISTRATOR
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.
WINCHING SERVICES
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.
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.