Township of Egg Harbor, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor 12-18-2013 by Ord. No. 46-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Mercantile licensing — See Ch. 142.
Abandoned vehicles — See Ch. 211.
Vehicles and traffic — See Ch. 213.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 190, Rotary Towing and Storage, adopted 3-10-1999 by Ord. No. 10-1999, as amended.
The purpose of this chapter is to establish, pursuant to N.J.S.A. 40A:11-5(1)(u), a list of licensed tow operators to provide towing services for the Township of Egg Harbor on a rotating basis and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations governing operators engaged in the removal of motor vehicles.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
ABANDONED
Any automobile, truck or any motor vehicle that is left unattended or which is parked on private or public property without the current year's registration or bearing license plates, as required by law, or is positioned so as to constitute an obstruction or hazard to traffic or public safety.
BASE OF SERVICE
The location where the licensed tow operator stations its tow vehicle(s) when not in use.
BASIC TOWING SERVICE
The removal and transportation of a motor vehicle at the request or call of authorized personnel or members of the Egg Harbor Township Police Department as may be required when abandoned, disabled, damaged as a result of a crash, 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 motor 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.
CAR CARRIER or FLATBED WRECKER
A car carrier shall have a commercially manufactured chassis certified by the manufacturer. The vehicle shall be equipped with a hydraulically powered winch. The tilt bed or slide back shall be hydraulically operated. The vehicle shall also be equipped with tie-down chains, proper safety lights and amber rotation emergency flashing lights.
CONSENSUAL TOW
A tow beyond the Egg Harbor Township borders which will be negotiated between the customer and the tow company, also referred to as a "private tow."
DAILY STORAGE FEE
The maximum allowable amount of storage charges to be charged per twenty-four-hour period or fraction thereof. Each new twenty-four-hour period begins at 12:01 a.m.
DECOUPLING
If the customer changes his/her mind as to the tow company used or if the customer wishes to have the vehicle towed by a third party after the Township of Egg Harbor authorized tower is on site.
DOLLY-WHEELS
A portable device with wheels that is used in combination with a tow truck to transport automobiles, trucks or other motor vehicles.
GROSS VEHICLE WEIGHT RATING (GVWR)
Located on the interior door panel or B pillar, it is the maximum allowable total weight of a road vehicle or trailer when loaded (i.e., including the weight of the vehicle itself plus fuel, passengers, cargo, and trailer tongue weight).
ILLEGALLY PARKED
Any motor vehicle that is parked in a fashion or in a place that is a violation of any parking ordinance or statute of the Township of Egg Harbor, County of Atlantic, and State of New Jersey.
LICENSED TOW OPERATOR
A towing operator that has complied with all of the provisions of this chapter and whose name appears on the rotary tow list of licensed towing operators maintained by the Township Clerk and the Chief of Police.
LIGHT-DUTY WRECKER
A light-duty wrecker shall have a commercially manufactured chassis certified by the manufacturer for light-duty towing. Each shall be equipped with a commercially manufactured lifting apparatus with dual rear wheels, safety chains, proper safety lights, rear floodlights and amber rotation emergency flashing lights.
MOTOR VEHICLE
Includes all vehicles propelled other than by muscular power. This term shall also include tracked vehicles, motorcycles, motorized scooters and mopeds.
MOTOR VEHICLE CRASH
An occurrence in which a private passenger motor vehicle comes in contact with any other object for which the private passenger motor vehicle must be towed or removed for placement in a storage facility. This includes all situations which are accidental to one person even if caused by the intentional acts of another.
NONBASIC TOWING SERVICES
All towing services which are in addition to, or in lieu of, basic towing services or private passenger motor vehicle tows, as defined herein.
OPERATOR
Any person who is in actual physical control of a motor vehicle.
RESPONSE FEE
The monetary charge for the presence of a tow truck and operator where no towing service or road service is conducted or supplied.
ROAD SERVICES
Providing routine minor maintenance items, refueling or supplying equipment to motor vehicles that are disabled or otherwise inoperable, including calls to assist persons locked out of their motor vehicles.
STANDARD CLEANUP
Any cleanup that includes the use of up to one bag (20 pounds) of oil dry, cleanup of glass and/or car parts that are removable by hand or with hand tools, that are in the crash/incident area, including the point of impact. Any cleanup that does not fall within these parameters shall be considered an excessive cleanup.
TOWNSHIP STORAGE FACILITY
A storage area or lot owned and maintained by the Township of Egg Harbor.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed and constructed by its manufacturer and maintained by the licensed tow operator for the safe removal and/or transport of motor vehicles.
WINCHING SERVICES
Providing the use of the mechanical cable device attached to a tow truck to move or transport any vehicle where the actual towing of the vehicle does not take place.
[Amended 10-3-2018 by Ord. No. 43-2018]
A. 
This chapter hereby establishes a list of licensed tow operators to provide basic and non-basic towing services for the Township of Egg Harbor on a rotating basis. The Police Department will maintain the rotary list and determine the time period for each rotation. The list of licensed tow operators shall be determined by and under the direct supervision of the Chief of Police or his/her designee.
B. 
A licensed towing operator shall be placed on the rotary list in the order in which the operator was chosen in the lottery conducted by the Police Department.
C. 
No licensed tow operator may be placed on the rotary list more than once.
D. 
Towing services must be provided on a twenty-four-hour, seven-day-per-week basis. It is required that a tow vehicle be on the site of the event within 20 minutes of the time of the call from the Police Department. If a licensed tow operator does not perform the requested towing service as required, the next licensed tow operator or a tow operator not contained on the rotating list may be called to perform the towing service at the sole discretion of the Police Department.
E. 
During adverse weather conditions or other emergency conditions, all licensed tow operators on the rotating list shall give priority to requests for towing services made by the Police Department over requests made by third parties.
F. 
Unless requested by the owner or otherwise required due to exigent circumstances, all vehicles towed pursuant to this chapter shall be stored at the Township of Egg Harbor storage facility.
G. 
Failure to comply with any of the provisions of this chapter may subject the licensed tow operator to fines, suspension or removal from the rotary tow list, at the discretion of the Police Department.
H. 
The Police Chief may immediately suspend a licensed tow owner prior to scheduling a formal hearing on the charges if shown sufficient evidence its operations persistently violate the provisions of this chapter or where operations of the Police Department are affected in a negative manner.
[Amended 10-3-2018 by Ord. No. 43-2018]
A. 
An individual or entity seeking placement on the annual rotary list shall be required to submit a completed rotary tow application between August 1 and August 31 to be considered for the following year's tow rotation. Only the first eight applications will be accepted and processed.
B. 
All rotary tow applicants are required to request an application package furnished by the Township Clerk, and submit said application with any and all information prescribed by the Chief of Police to the Township Clerk's office no later than August 31.
C. 
All applications shall be accompanied by a nonrefundable fee of $500.
D. 
Applications will not be accepted prior to August 1 of the calendar year; nor will they be accepted after August 31 of the calendar year.
E. 
Each rotary tow applicant must be able to demonstrate to the Township that they are thoroughly qualified and experienced in the towing and removal of vehicles of all types and that they have adequate facilities, equipment, expertise, licensing and personnel to perform the services required by the requirements contained herein this chapter in a manner satisfactory to the Police Department.
F. 
Each company must provide a written statement regarding its capability for providing towing services for heavy trucks, buses and commercial vehicles.
G. 
The Police Department will conduct a background check of the rotary tow applicant, its officers and employees prior to making a determination of placement on the towing list. Any persistent violations and/or high incidence of motor vehicle accidents in the past 10 years may warrant a driver ineligible. A conviction for a felony will be considered ample reason to disqualify any licensed tow operator unless waived by the Township upon application and for good cause.
H. 
A license may be denied, suspended, or revoked upon any of the following grounds:
(1) 
Submitting a fraudulent or misleading application.
(2) 
A criminal conviction of the towing operator or a named principal of the towing operator.
(3) 
Failure to respond reliably and promptly to calls for assistance or any other unsatisfactory performance action.
(4) 
Failure to utilize safe and adequate equipment as defined herein.
(5) 
Violations of motor vehicle laws and/or municipal ordinances.
(6) 
Failure or refusal to tow or remove a motor vehicle when requested to do so by an appropriate municipal official.
(7) 
Violations of the Zoning Ordinance or any other applicable ordinances or codes of the Township of Egg Harbor pertaining to the use or condition of the premises used by the licensee in conducting the towing business.
(8) 
Violations of the provisions of this chapter or any of its rules, regulations, and policies promulgated hereto.
I. 
All rotary tow applicants must receive the approval of the Police Department before issuance of a licensed tow operator's license.
J. 
An individual or entity seeking placement on the rotary list who does not meet the application's requirements must make the required corrections or additions within a time frame determined by the Police Department. Failure to do so will result in a prohibition from participating in the intended year's rotary tow list.
K. 
The Township of Egg Harbor will award four rotary towing licenses annually. A lottery will be held in the event that more than four qualified applicants exist. The Township of Egg Harbor has chosen a method of random selection which ensures that every qualified rotary tow applicant has an equal chance of being selected each and every time a selection takes place. The Township of Egg Harbor shall permit representatives of the affected rotary tow companies to witness the selection process. The rotary tow lottery shall be conducted under the direction of the Chief of Police or his/her designee.
L. 
Successful applicants shall be notified by the Township Clerk's office no later than December 20 of the calendar year whether they have been chosen for the rotary tow license and where they fall in the rotation.
M. 
All licensed tow operators shall be placed onto the rotary list as of January 1 of the following year after recommendation of the Police Department and approval by the Township Committee for a term of one year.
[Amended 10-3-2018 by Ord. No. 43-2018]
A. 
When an application for a license is denied by the Township of Egg Harbor, the applicant may request a hearing on said application by the service of a notice requesting a hearing. Said notice shall be served on the Township Clerk; and at the next regularly scheduled meeting of the Township Committee, a hearing date shall be set, which shall be no less than seven days nor more than 30 days from the day of the regularly scheduled meeting.
B. 
Proceedings for the suspension or revocation of a license shall be initiated by the service of a notice of charges proffered against the licensee. Said notice shall be served by the Township Clerk or their designee, either personally or via certified mail, return receipt requested, and shall contain a date, time and place for a hearing to be held by the Township Committee of the Township of Egg Harbor. Said hearing shall be scheduled no less than seven days nor more than 30 days after the notice of the suspension or revocation shall be served upon the licensee. The licensee shall have the right to file an answer to the notice and to appear in person, or be represented by counsel, and give testimony at the place and time fixed for the hearing.
C. 
The suspension or revocation shall be effective immediately upon service of notice to the licensee.
A. 
The Police Department in general and the Chief of Police in particular shall enforce the provisions of this chapter as well as rules and regulations adopted hereunder.
B. 
Cards and statement of rates.
[Amended 10-3-2018 by Ord. No. 43-2018]
(1) 
The licensed tow operator, at his own expense, shall prepare three-inch-by-five-inch printed rate cards which shall be first approved by the Police Department. The cards will then be provided to the Police Department for distribution to vehicle owners in need of towing services.
(2) 
The rate card shall provide information on claiming a vehicle, the name of the business, its owner, tower's license number, as well as the business location, telephone number and hours of operation for the public. The card shall also state its rates for towing services and include all methods of acceptable payment. At least one form of online payment (i.e. credit card, PayPal, etc.) shall be made available. The rate card must disclose that no fees (i.e. surcharges) will be charged to the vehicle owner for the use on any online method of payment.
(3) 
The rates applicable to towing services performed hereunder shall be posted in a conspicuous place, visible to the public, at the licensed tow operator's place of business.
(4) 
The licensed tow operator shall, at his expense, prepare a printed itemized bill for distribution to the customer, reflecting the fee to be paid in accordance with the rates stated on the printed card, unless otherwise approved by the Police Department. The bill shall also include the information set forth within this section, as well as a statement to the effect that all complaints shall be referred to the Police Department. The format of this form shall be approved by the Chief of Police or his/her designee. Any and all complaints received by the Police Department and/or the Chief of Police shall be investigated and documented. Citations will be issued for violations of this chapter. Persistent violations may result in suspension and/or revocation of license.
(5) 
The licensed tow operator shall accept from any owner or his representative methods of payment in the form of cash, certified check, money order and by at least one major credit card. The licensed tow operator is not obligated to accept personal checks for payment. Each licensed tow operator shall either offer payment by telephone or online service. Receipts for such (in detail) shall be faxed or emailed to the Police Department directly as proof of payment.
C. 
Hours of service.
[Amended 10-3-2018 by Ord. No. 43-2018]
(1) 
Towing services must be provided on a twenty-four-hour, seven day-per-week basis.
(2) 
All light-duty wreckers/flatbed wreckers/car carriers must be equipped with a two-way radio, or comparable means of communication such as cellular telephones, to facilitate prompt response.
(3) 
It is required that a tow vehicle be on the site of the event within 20 minutes of the time of the call from the Police Department. The licensed tow operator shall provide the Police Department a telephone number which will be manned at all times to quickly dispatch tow vehicles.
(4) 
The licensed tow operator's normal hours of operation for the public shall be from 7:00 a.m. to 5:00 p.m., Monday through Saturday, and 12:00 noon to 4:00 p.m. on Sunday.
D. 
Employees.
[Amended 10-3-2018 by Ord. No. 43-2018]
(1) 
Licensed tow operators shall employ a sufficient number of employees to comply with the minimum operational requirements at all times. If a licensed tow operator shall not have a driver available when it is their responsibility to tow, they will immediately be suspended from the rotation list.
(2) 
No person shall be employed by the licensed tow operator for towing hereunder unless he has submitted to a background check and has been approved by the Police Department.
(3) 
All drivers of the licensed tow operator shall be over the age of 18 years and must have a valid, current New Jersey State driver's license with the proper endorsement(s) and shall be in good health and of good moral character.
(4) 
In order to keep information current, the licensed tow operator will be required to submit a roster of drivers to the Police Department two weeks prior to the start of a tow rotation for that company. No driver shall perform services hereunder unless previously listed by the licensed tow operator and approved by the Police Department.
(5) 
Complaints of any kind relative to service, overcharging, theft of parts, damage to towed vehicles, discourteous treatment and the like shall be referred to the Police Department for investigation. Failure of the licensed tow operator to cooperate with the Police Department in its investigation shall constitute grounds for revocation of their license.
(6) 
All employees of the licensed tow operator shall wear uniform clothing with a name patch indicating the employee's first name and name of the licensed tow operator's company.
(7) 
All employees shall be clean, neat and make a good appearance.
(8) 
All employees of the licensed tow operator will be required to wear photo identification badge, approved by the Police Department.
(9) 
All employees shall wear a safety vest minimally rated at an ANSI Level II.
(10) 
The licensed tow operator agrees that the owners or officers of the licensed tow operator shall be responsible, except as otherwise provided by law, for the negligent acts of its employees while acting hereunder.
E. 
Conduct of licensed tow operators and operators generally. No person owning or operating a tow vehicle shall:
(1) 
Stand at any public street, intersection or any public property waiting for employment without first obtaining the consent of a police officer or stand on any private property without first obtaining the consent of the owner of the property.
(2) 
Seek employment by repeatedly and persistently driving his tow vehicle in a short space in front of any disabled vehicle or by otherwise interfering with the proper and orderly progress of traffic along the public highways. The licensed tow operator shall wait until he receives official notification from the Police Department before commencing operations.
[Amended 10-3-2018 by Ord. No. 43-2018]
(3) 
Permit or invite loitering within or near the tow vehicle.
(4) 
Solicit or attempt to divert prospective patrons of another tow vehicle, nor shall the licensed tow operator solicit or attempt to divert prospective patrons from the Township storage facility to any other garage.
(5) 
Solicit, demand or receive from any person any pay, commission or emolument whatsoever, except the proper fee for transporting the disabled vehicle in accordance with the schedule of service rates listed in these specifications. Approved rate cards shall be carried at all times and available for distribution by the driver of the tow company.
[Amended 10-3-2018 by Ord. No. 43-2018]
(6) 
Pay any gratuity, tip or emolument to any third person not involved in the crash or to any police officer for information as to the location of the crash, or for soliciting the employment of the licensee's services, nor give any gratuities, fees or other compensation or gifts to any member of the Police Department or Township employee.
(7) 
Act in an unprofessional manner or be discourteous or disrespectful to members of the public as well as representatives of the Township of Egg Harbor. While members of the public, especially those whose motor vehicles may have been towed or impounded, may at times resort to strong language, threats and unbecoming behavior toward the licensed tow operator, the licensed tow operator is expected to exercise restraint and not to respond in kind, and thereby reflect unfavorably on the Township and/or the Police Department.
F. 
Classification of equipment.
(1) 
The licensed tow operator must provide with his application a detailed listing of the equipment to be utilized while on the towing list, including a listing of equipment demonstrating their capability for towing heavy trucks, buses and commercial vehicles.
[Amended 10-3-2018 by Ord. No. 43-2018]
(2) 
The listing shall include the following information: type of vehicles; make, model and year of vehicles; vehicle color; VIN number; vehicles license plate number; storage location of vehicles and whether the vehicle is owned or leased.
[Amended 10-3-2018 by Ord. No. 43-2018]
(3) 
All leased and rented equipment must be permanently located at the licensed tow operator's base of service at all times during the term of the contract.
(4) 
Each piece of the equipment must meet the minimum standards set forth herein.
(a) 
Equipment that cannot meet these minimum standards shall not be used for the towing list.
(b) 
The licensed tow operator is solely responsible for the safety, maintenance and operation of each piece of equipment utilized while on the towing list.
(c) 
The licensed tow operator shall provide a minimum of two light-duty wreckers and two car-carrier vehicles, and one of those vehicles shall be equipped with four-wheel drive.
(5) 
All licensed tow operators approved for participation with the rotary tow list shall meet all of the licensing requirements of the Township[1].
[1]
Editor's Note: Former Subsection (5), regarding the rotary towing list, was deleted 10-3-2018 by Ord. No. 43-2018.
G. 
Tow vehicles.
(1) 
The licensed tow operator shall supply manufacturer's certification of the lifting capacities of the devices and type of vehicles with application submission. A certified testing laboratory test result is also acceptable for rating lift capacity.
(2) 
Tow vehicles shall be equipped with two-way radios for communications with the licensed tow operator's office facilities. These communications shall be available 24 hours a day.
(3) 
Tow vehicles shall be equipped at all times with ANSI certified and Department of Transportation approved safety vests for operators, first-aid kits, hand tools, lockout kits or their equivalent, flashlight, broom, shovel, work gloves and receipts for services rendered. No additional charge for use of this equipment is permitted.
(4) 
Tow vehicles shall be kept in a clean and neat appearance so as to be reasonably accommodating to persons who may come in contact with such vehicles.
(5) 
Tow vehicles shall have the name, address and telephone number of the licensed tow operator painted on or permanently attached to both sides of the tow vehicle in compliance with Motor Vehicle and Traffic Laws of New Jersey (Title 39 of the Revised Statutes).
(6) 
All tow vehicles shall be properly permitted by the State of New Jersey for the use of flashing amber emergency lights (N.J.S.A. 39:3-50). Permits shall be in compliance with Motor Vehicle and Traffic Laws as referenced above. Failure to comply with this regulation will subject the applicant to immediate disqualification from the rotary tow list consideration.
(7) 
All tow vehicles shall be registered in the name of the licensed tow operator in compliance with Motor Vehicle and Traffic Laws as referenced above.
H. 
Towing service recordkeeping.
(1) 
The licensed tow operator shall record all vehicles towed in a book kept for such purposes.
(2) 
The details of each disabled vehicle towed, serviced or transported, together with full information on the towed vehicle and the name and address of the owner and the charges paid for his services shall be recorded.
(3) 
Full information on the towed vehicle shall include, but not be limited to, the police control number, the vehicle's license number, VIN registration number, make, model, color and year.
(4) 
The record book herein described shall be kept open for inspection at all times by any duly authorized representative of the Township.
(5) 
A monthly towing record containing the information herein stated above shall be filed with the Police Department setting forth the details of all tows by vehicle type, date, time of day, sector and whether additional services were required.
(6) 
Each incident shall be reported using the invoice number used for billing. The form of these reports shall be approved by the Chief of Police.
(7) 
The licensed tow operator shall maintain a record of all personal property in a towed vehicle that he can observe in sight at the time the vehicle comes into possession.
(8) 
Authorized representatives of the Township shall have access to any of the records required to be kept by the licensed tow operator.
(9) 
There shall be a consecutive, sequential control number assigned by the Police Department to be used in every instance by the Township and the licensed tow operators. All forms, communications, etc., shall use this control number.
(10) 
A licensed tow operator's failure to comply with the provisions listed in this section will be cause for suspension from the rotary tow list.
[Amended 10-3-2018 by Ord. No. 43-2018]
I. 
Policies and procedures.
(1) 
The Chief of Police is hereby authorized and empowered to establish from time to time written policies and procedures as may be reasonable and necessary to obtain compliance with the terms of this chapter and the laws of the State of New Jersey. All written policy(ies) promulgated by the Chief of Police, pertaining to the rotary tow service, shall be approved by resolution of the Township Committee.
(2) 
All regulations, policies and procedures shall be made available for inspection by the public at the Township Clerk's office during normal business hours.
[Amended 10-3-2018 by Ord. No. 43-2018]
J. 
Disputes and adjustments.
(1) 
Complaints by motor vehicle owners of price gouging or any other objectionable practice by any licensed tow operator will be referred to the Chief of Police, who shall promptly investigate and resolve any disputes. Failure of the licensed tow operator to cooperate with the Police Department in its investigation shall constitute grounds for revocation of his/her license.
(2) 
Any disputes over the interpretation of this chapter, including the reasonableness of any charges assessed, shall be settled amicably, if possible, through discussions between the licensed tow operator and the Police Department.
[Amended 10-3-2018 by Ord. No. 43-2018]
(3) 
In cases where the Township has mistakenly directed that a vehicle be towed or has acted on incorrect information supplied by official sources, the licensed tow operator will be reimbursed by the Township only for the minimum applicable towing fee as stipulated herein.
K. 
Subcontracts and leases.
(1) 
Licensed tow operators may not lease or rent equipment without the written approval of the Township. The equipment must comply with the minimum requirements of these specifications, and the contract to lease or rent equipment must be at least for the duration of service with the Township. All leased and rented equipment must be permanently located at the licensed tow operator's base of service at all times while the licensed tow operator is on the tow list. Copies of all leases must be filed with the Police Department.
(2) 
The licensed tow operator may not subcontract his equipment or portions of the work to other licensed tow operators.
A. 
The following fees are established as being the usual, customary and reasonable rates which shall be charged for towing and storage of automobiles defined as basic towing service.
B. 
The authorized tow service time shall be based on the time that the incident was called in to the Police Communications Center, and the "time stamp" will be the computer-aided dispatch (CAD) entry time.
C. 
Towing of vehicle: the automobile's GVWR will be used to calculate the weight.
D. 
Basic towing services provided during the day between the hours of 7:00 a.m. and 5:00 p.m. shall be charged a flat fee of $135.
[Amended 10-3-2018 by Ord. No. 43-2018]
E. 
Basic towing services provided during the evening between the hours of 5:01 p.m. and 6:59 a.m., weekends, or during New Jersey State holidays, shall be charged a flat fee of $150.
[Amended 10-3-2018 by Ord. No. 43-2018]
F. 
Daily storage fee:
(1) 
Township storage facility: $20.
(2) 
In the event that the owner of a stored vehicle cannot pay for the storage of the stated vehicle in the Township tow lot, the Chief of Police or his designee may opt to take the motor vehicle title in lieu of the storage fee. This will be decided on a case-by-case basis and dependent upon the situation and facts on hand. The owner is still responsible for the payment of the towing fee.
Daily Storage Fee
The maximum allowable amount of storage charges to be charged per 24-hour period or fraction thereof. Each new 24-hour period begins at 12:01 a.m.
$20
(3) 
Basic and nonbasic towing fees shall be charged in accordance with the following schedule:
[Amended 10-3-2018 by Ord. No. 43-2018]
Basic Towing Service
Basic Towing Service Fee
Basic towing services provided during the day between the hours of 7:00 a.m. and 5:00 p.m. shall be charged a flat fee for motor vehicles with a GVWR of no more than 9,000 pounds
$135
Basic towing services provided during the evening between the hours of 5:01 p.m. and 6:59 a.m., weekends, or during New Jersey State holidays, shall be charged a flat fee for motor vehicles with a GVWR of no more than 9,000 pounds
$150
Nonbasic Tow Service
Additional Fees
Flatbedding Fee is in addition to any basic tow service fee (as requested by a police officer or as recommended by the vehicle manufacturer or as required due to extensive damage or equipment malfunction)
$50
Winching of Vehicle is in addition to any basic tow service fee
A distance less than 100 feet
$0
A distance greater than 100 feet
$100
Uprighting of Vehicle is in addition to any basic tow service fee
$100
Additional Truck with driver is in addition to any basic tow service fee
$50
Use of Dolly System is in addition to any basic tow service fee
$50
Motor vehicles with a GVWR Under 9,000 Pounds With a Trailer is in addition to any basic tow service fee
$50
Motor vehicles with a GVWR Over 9,001 Pounds
$200
Motor vehicles Over 11,500 Pounds' but Under 26,001 Pounds' GVWR
$300
Motor vehicles Over 26,001 Pounds' GVWR will be considered non basic tows, and the fee shall be set utilizing the prevailing rates
Excessive Cleanup is in addition to any basic tow service fee; this includes car parts that are not able to be cleared by hand
$35
Oil Dry, per bag (20 pounds) after the first bag is used
$15
Trailers: any trailer that cannot be towed with an automobile shall be considered a separate tow per the basic tow rate
Response Cancellation Fee, i.e., "no tow"
$50
Decoupling fee
$50
Egg Harbor Township vehicles under 9,000 pounds' GVWR
$0
Towing of all Township-owned police vehicles outside the limits of Atlantic County
$2 per mile
Towing of any motor vehicle for investigative purposes at the direction of the on-duty officer in charge. If criminal or motor vehicle charges result, owner is responsible. If no charges result a flat fee of $100 will be paid by Township to Tow Company. This includes original tow to police headquarters, and subsequent tow to the impound lot.
$100
Road Service to Egg Harbor Township police vehicles (no tow)
$35
G. 
Fee when electing to drive away; mileage charge for other destination.
(1) 
If a rotary tower is called by the Police Department, the above towing charges shall apply even when the operator of a vehicle elects to drive the vehicle after services have been rendered, but payment will be required immediately prior to the release of the vehicle. See the response/cancellation fee scheduling in § 190-7.
(2) 
If the vehicle is not drivable, and the destination requested is not the designated licensed storage facility, then a mileage charge of $6 per mile from point of tow to the destination will apply in addition to the tow fees. Payment will be required immediately prior to the release of the vehicle.
This chapter is not intended to set fees for the towing or storage of trucks and buses. Such service, if requested, shall be billed at reasonable prevailing rates. In the event the licensed tow operator wishes to impose rates for services not included in § 190-7, a list of those fees shall be submitted in advance to the Chief of Police, who shall have the sole discretion in determining reasonable prevailing rates.
[Amended 10-3-2018 by Ord. No. 43-2018]
A. 
The towing fees set forth for basic towing service and those billed for nonbasic towing service are the amounts that the licensed tow operator will charge to the vehicle owner or representative. Unless otherwise provided herein, the Township shall never be responsible for payment of any towing charges, except for Township-owned vehicles and/or those towed for investigative circumstances as stated in § 190-7F(3).
B. 
In the event that the Police Department requires a vehicle involved in a crime, a crash involving serious bodily injury or a fatality to be held for investigation, the Chief of Police may, after review of all of the circumstances, waive storage fees, or a portion thereof, incurred up to the date of release.
A. 
Licensed tow operators shall be required to purchase, maintain and provide during the time of service on the rotary list proof of insurance furnished by a reputable insurance company licensed to do business in the State of New Jersey, containing the following coverage with liability limits as set forth below:
(1) 
Garage liability/comprehensive general liability insurance policy in an amount not less than $1,000,000 combined single limit covering bodily injury and property damage liability, including but not limited to personal injury, products liability (where applicable), independent contractor and completed operation coverage.
(2) 
Garagekeepers legal liability insurance policy in an amount not less than $100,000. Said policy must include both comprehensive and collision and an endorsement to include on hook.
(3) 
Automobile liability insurance policy in an amount not less than $1,000,000 combined single limit covering bodily injury and property damage liability, including but not limited to owned, nonowned and hired vehicles.
(4) 
Workers' compensation insurance as required by law, including but not limited to statutory New Jersey workers' compensation benefits, and employer's liability of at least $100,000.
(5) 
Excess/umbrella liability. In the event that garage liability and/or automobile liability cannot be purchased up to the required limit of $1,000,000, an excess liability or umbrella liability policy must be purchased to effect a total liability limit of $1,000,000. Excess or umbrella liability policies will not be required for garage and automobile policies that meet or exceed the minimum limit of $1,000,000.
B. 
The garage liability and automobile liability policies shall name the Township of Egg Harbor as additional insured and certificate holder.
C. 
A certificate of insurance reflecting the above coverages shall be submitted with the application to the Township Clerk's office and the Police Department. Subsequent renewals of coverage shall be submitted to the Township Clerk's office and the Police Department. Any policy cancellation notices must be provided to the Township Clerk's office and the Police Department.
[Added 10-3-2018 by Ord. No. 43-2018]
The licensed tow operator will execute an agreement to hold harmless, indemnify and defend, at the licensed tow operator's expense, the Township, its employees and officials from any and all claims, demands, suit or action for personal injury or property damage brought against the Township, its employees and officials for any activities which arise out of any services performed under this chapter.
A. 
Approved licensed tow operators and all of their personnel and equipment used under the terms of this chapter shall be and remain employees and property of the approved licensed tow operator.
B. 
Approved licensed tow operators shall at all times maintain direct supervision, management and control over their personnel and equipment, and in no event shall such equipment and/or personnel be represented by an approved licensed tow operator as belonging to, employed by, or an agent of the Township of Egg Harbor.
C. 
Approved licensed tow operators shall operate under this chapter as independent licensed tow operators and in no manner or sense an agent or employee of the Township of Egg Harbor.
D. 
Approved licensed tow operators shall at no time sublet or assign approval as a tow operator, or any part thereof, for any purpose whatsoever.
Any and all terms or words in this chapter that are deemed to be ambiguous by a court of competent jurisdiction shall be resolved with an interpretation that best promotes the Township's interest in limiting its liability and protecting the health, safety and welfare of the public.
[Amended 10-3-2018 by Ord. No. 43-2018]
Any licensed tow operator who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $2,000 or a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination of the foregoing.