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.
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.
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.
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.
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.