[HISTORY: Adopted by the Mayor and Council of the Borough
of Oaklyn 7-8-2014 by Ord. No. 13-14. Amendments noted where applicable.]
A.
The purpose of this chapter is to secure towing, recovery, and storage
services for motor vehicles that are:
(1)
Standing in violation of current laws or ordinances, and/or that
pose a safety hazard or a security risk, under circumstances where
the owner or the operator is incapable of or unwilling to relocate
the vehicle; or
(2)
Abandoned on public or private property; or
(3)
Recovered stolen, and unable to be immediately claimed by the rightful
legal owner; or
(4)
The instrument or fruits of a crime; or
(5)
Otherwise determined by the Police Department to require lawful removal
and/or storage.
B.
The community caretaking function, which is administered by the Police
Department, requires a high degree of competence, integrity, reliability,
expertise, and responsible business ethics on the part of the towing
operator (hereinafter, "operator"). Accordingly, the specifications
contained herein are designed to secure the services of a professional,
emergency towing/recovery contractor, at a competitive and reasonable
cost, while protecting the property rights and financial interests
of vehicle owners.
A.
As used in this chapter and unless otherwise indicated by the context,
the words or terms herein shall have the meanings indicated. When
not consistent with the context, words used in the present tense shall
include the future tense; words in the plural number shall include
words in the singular number and words in the singular number include
the plural number.
B.
BOROUGH
CHIEF OF POLICE
CRUISING
IMPOUND AREA
PERSON
SHALL
STORAGE FACILITY
TOWING LIST
TOWING OPERATOR
TOWING SERVICE
WRECKER
As used in this chapter, the following terms shall have the meanings
indicated:
The Borough of Oaklyn.
The Chief of the Police of the Borough of Oaklyn.
The operation of an unengaged wrecker along a public street
at a slow rate of speed or in any fashion calculated, designed or
having the effect of soliciting towing business on a public street.
The fenced-in area specifically used by a tower, on the approved
towing list of the Borough, for storage of towed vehicles. Not more
than two "impound areas" may be contained with each 1/2 acre of any
one storage facility.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
"Shall" is always mandatory and not merely directory.
A storage lot or storage area, and shall mean the location
within two miles of the geographic boundary of the Borough of Oaklyn,
consisting of a minimum of 1/2 acre and used for storage of vehicles
towed by towing operators on the list approved by the Borough.
The list of towing operators and wreckers maintained by the
Police Department under the direction and supervision of the Chief
of Police to provide, on a rotating basis, towing service and storage
at the request or call of authorized personnel or members of the Police
Department in cases of emergency, accidents involving motor vehicles
and for disabled, abandoned or illegally parked, operated vehicles.
A person engaged in the business of offering towing services,
whereby damaged, disabled, illegally parked, operated or abandoned
motor vehicles are towed or otherwise removed from the places where
they are damaged, disabled, impounded or abandoned by use of a wrecker,
tow truck or other vehicles designed for that purpose.
That service performed, rendered or provided by towing, removing,
transporting or conveying any kind of vehicle which is or has been
damaged, abandoned, impounded, disabled or otherwise unable to be
moved under its own power, for which a charge is made against the
owner or operator of the vehicle.
A vehicle designed and equipped for removing and transporting
wrecked or disabled vehicles. This term shall also include a flatbed,
tow truck or other vehicle used for or to perform towing services.
The Chief of Police shall establish and maintain a list of qualified
towing operators who shall be issued licenses to provide, on a rotating
basis, towing services at the request of the Oaklyn Police Department.
Towing operators on the list will be scheduled and treated equally
and fairly.
To be placed on the towing list, towing operators shall be qualified
and required to apply for and hold a license to perform towing services
at the request or call of the Police Department. The license shall
be issued to all qualified towing operators approved by the Chief
of Police to be placed on the towing list. Said license shall be subject
to annual renewals by the Chief of Police on April 1 of each year.
Prior to issuance of any license or renewal, the Chief of Police shall
cause an inspection to be made of the required storage facility and
towing equipment to verify compliance with this chapter and all other
applicable federal, state and local laws, ordinances, rules and regulations.
A.
Applications for licenses hereunder shall be submitted to the Chief
of Police upon forms prepared and made available by the Borough. The
application form shall be properly completed, signed and accompanied
by the application and license fee. The Chief of Police shall investigate
and review all applications for compliance with the terms of this
chapter and minimum standards of operator performance mandated by
statute. The background and driving records of all applicants and
employees shall be checked by the Police Department.
B.
Among other things, the applications shall contain:
(1)
The name of the applicant, with both the home and business address
of the applicant as well as home and business telephone numbers.
(2)
A statement whether the applicant is an individual, firm, partnership,
association, corporation, company or other type of entity.
(3)
The names and addresses of all persons owning an interest in the
applicant and, if a corporation, the names and addresses of all officers
and stockholders with the interest held by each.
(4)
The names of all employees, with their drivers' license and
social security numbers.
(5)
The description of all vehicles and equipment to be used in providing
towing service, setting forth the year, make, model, serial number,
license and registered owner of each vehicle.
(6)
The location within five miles of the geographic boundary of the
Borough of Oaklyn wherein the equipment is maintained and stored;
the name and address of the owner, lot and block number and size of
storage facility or impound area.
The application and license fee under this chapter shall be
$100. The annual renewal fee shall be in the amount of $50.
The following minimum standards shall be required of all operators
seeking to be placed on the towing list with the Borough for towing
and storage services:
A.
Equipment.
(2)
Wreckers used by the operator must be of such construction to tow
any type of vehicle and to pass inspection of the Borough Police Department.
(3)
Each vehicle shall be equipped with a shovel, broom and any other
equipment necessary to clean up broken glass, oil and other fluids
and any other debris from the scene of an accident. It shall be the
operator's responsibility to clean up such debris if requested
to do so by any officer of the Borough Police Department at the scene
of the accident, at no cost to the vehicle owner, driver or representatives.
(4)
Wreckers shall be maintained in good condition, comply with all applicable
provisions of N.J.S.A. 39:1-1 et seq., be available 24 hours a day
and be identified on each side with the name and address of the operator.
There shall be no marking on wreckers indicating affiliation with
Police Department, such as "official police towing."
(5)
At the time of submission of its bid, the operator shall submit to
the Borough satisfactory proof of ownership of the required number
of wreckers necessary to meet the Borough's requirements.
A.
Abandoned vehicles. Any vehicle of any size, in any condition, left
anywhere within the Borough limits upon any street or public right-of-way,
public easement, public avenue, alley, thoroughfare, or public or
quasi-public places, including parks and playgrounds, without a current
registration, vehicle identification plates, insurance, determined
abandoned by the Police Department pursuant to N.J.S.A. 39:4-56.5,
etc., and all vehicles as defined by N.J.S.A. 39:10A-1. When the Borough
obtains a court order from a Municipal Judge to remove a vehicle from
private property, the vehicle will be deemed to be abandoned for purposes
of this section, and the requirements of this section shall apply.
B.
Disabled vehicle. Any vehicle left anywhere within the Borough limits
due to its inability to operate resulting from motor vehicle accident
or mechanical failure.
C.
Impounded vehicle. Any suspected stolen, unregistered, unsafe vehicle
or a vehicle involved in criminal investigation on which a "HOLD"
has been placed by the Police Department.
D.
Otherwise determined by the Police Department to require lawful removal
and/or storage.
E.
General procedures.
(1)
The operator shall be notified by the Department of Police for the
removal of all vehicles whether considered abandoned, disabled or
impounded. The operator must arrive prepared to remove all vehicles
within 20 minutes of notification, unless otherwise specified by the
Police Department. If the operator fails to respond within the allotted
time, the Borough may, within its discretion, notify another vendor
to effect immediate removal and towing of vehicles. Any towing charges
assessed by the vendor to the Borough shall be passed on to the operator.
(2)
The operator must be available for removal and storage of vehicles
24 hours a day, seven days a week, including the removal of abandoned
vehicles.
(3)
In the event that the owner of a vehicle also arrives at the scene
to which the operator has been summoned, with approval of the Police
Department the owner shall be allowed to remove the vehicle at no
expense to himself or the Borough.
(4)
In the event the operator is required to perform additional unspecified
services in furtherance of its obligations hereunder, such services
shall be provided at reasonable cost. Such services shall not affect
the basic towing and storage charges outlined in these specifications.
Such services and the costs to be charged therefore shall be reported
and supplied to the Borough 48 hours before the performance of these
services. The Borough shall have the right to discontinue any additional
unspecified service it deems not to be in furtherance of this chapter.
(5)
The Borough shall have the exclusive right to define what constitutes
"motor vehicle" for purposes of this chapter. Anything deemed by the
Borough at its sole discretion not to be a "motor vehicle" may be
removed or in any other way dealt with by the Borough without compensation
to the operator.
(6)
The Borough shall have the exclusive right to determine what constitutes
a "salvage" vehicle for the purpose of this chapter. The Borough shall
have the exclusive right to determine what constitutes a "scrap/shredder"
vehicle for the purpose of this chapter.
(7)
In the event that a vehicle has been wrongfully removed pursuant
to this chapter, the vehicle shall be returned to the owner at no
charge. On occasion, the operator will be required to tow certain
wrongfully removed vehicles back to the initial towing site. In the
event the Police Department authorizes the impounding of any vehicle
for investigation from the "victim" of a crime or offense, said vehicle
shall be returned to the owner upon completion of the investigation
at no charge to the victim.
(8)
Any municipal-owned vehicles shall be towed free of charge.
(9)
The operator shall change flat tires on any Borough-owned vehicle,
free of charge, when requested by the Borough.
(10)
The operator must accept all major credit cards for all towing
services and associated costs.
A.
All vehicles removed pursuant to this chapter must be stored at the
operator's storage facilities, with the following exception:
On occasion, the operator will be required to tow certain vehicles,
which are involved in criminal investigation, or other investigations,
to a designated facility for further investigation, at no charge to
the Borough.
B.
All vehicles removed pursuant to this chapter shall be stored in
a separate holding area of the operator's storage facilities.
Only vehicles towed pursuant to this chapter shall be stored in said
holding area and there shall be no commingling of these with any other
vehicles. Within this designated area, abandoned or disabled vehicles
shall be separated from impounded vehicles. Impounded vehicles shall
be stored in a separate, enclosed, secure facility which shall be
able to provide space for a minimal of two vehicles towed for criminal
investigation. There shall be no additional charge for inside storage,
if required.
C.
All vehicles removed pursuant to this chapter shall be stored according
to the month in which they were towed and shall be marked appropriately
on the windshield.
D.
The operator shall be responsible for each vehicle in his storage
area, including but not limited to damage or theft, until final disposition
or removal is ordered by the Borough. All vehicles, regardless of
condition, must be stored singly and so arranged to permit inspection
and subsequent removal if necessary. Adequate walkway inspection space
must be provided at all times.
E.
The owner of any vehicle towed shall have the right to remove property
belonging to him from the stored vehicle at no cost to the owner unless
a "Police Hold" is marked on tow form. The vehicle owner or his representative
shall have the right to take photos of a stored vehicle for insurance
purposes at no cost to the vehicle owner or his representative. Any
property removal disputes will be referred to the Police Department.
F.
All valuables found in vehicles, such as jewelry or currency, shall
be turned in to the Police Department. After-market items such as
audio equipment, auto accessories shall be stored and inventoried
by the operator.
G.
All vehicles and/or property stored pursuant to this chapter shall
be produced no later than two hours upon demand by the Police Department.
A.
Release of vehicles to owners or lien holders.
(1)
No vehicle shall be released to either owners or lien holders
without a "Police Release" form. Vehicles shall be available for release
between 9:00 a.m. to 5:00 p.m., Monday through Friday, and 9:00 a.m.
to 12:00 noon, Saturday, except for legal holidays. It shall be the
responsibility of the Borough Police Department to notify the owners
of vehicles, when known, when vehicles are turned over to the operator
for removal and storage. Additionally, the operator shall notify in
writing, the owner(s) and lien holder(s) of the location of the vehicle
and all costs associated with its removal.
(2)
Upon the release of a vehicle to its owner or lien holder, all
ownership rights and responsibilities shall revert to the owner or
lien holder. The Borough shall not be liable for daily storage fees
for any day following the date of release, whether or not the owner
actually reclaims possession of the motor vehicle from the operator.
The operator shall not impose any additional charges upon an owner
or lien holder which are not expressly indicated. All vehicles shall
be released by the operator upon receipt of a police/vehicle release
form from the Police Department.
(3)
The Borough Police Department shall notify the operator of all
released vehicles stored at the operator's storage facilities
pursuant to this chapter. However, any failure to provide such information
cannot be used as a basis for liability against the Borough.
(4)
The operator shall notify the Borough of any released vehicle
which remains unclaimed by the owner by way of a monthly written report.
B.
Disposal by public sales.
(1)
Pursuant to state law, abandoned and disabled vehicles may be
disposed of after remaining unclaimed for a period of 30 days and
may be sold at public auction. Impounded vehicles must be held for
a period of at least 90 days prior to sale at public auction.
(2)
Prior to each sale, all vehicles to be sold shall be numbered
by the operator for identification purposes.
(3)
The operator shall be required to complete all necessary documents
to obtain the appropriate titles for the vehicles. Each sale shall
be advertised as required by law and the advertisement shall state
the date of the sale, the lowest minimum bid for each vehicle and
the towing and storage fees accrued up to the date of sale. The operator
shall be responsible for all costs associated with advertisement fees
and any fees necessary to obtain junk titles.
(4)
It shall be exclusively within the authority of the Borough
of Oaklyn to determine which vehicles are exposed to public sale.
The operator is required to have all vehicles advertised for sale
available for inspection and sale in accordance with the public advertisement.
The operator shall make said sale vehicles available to the public
for inspection one hour prior to the scheduled sale time.
(5)
The operator shall be entitled to reimbursement, from the successful
purchaser, for the towing fee plus accrued daily storage fees in accordance
with the fee schedule as set forth in the corresponding resolution.
The daily storage fees shall commence the day of the tow and shall
end the day of the public sale of the vehicle.
(6)
The operator shall furnish the Borough in advance of each public
sale, the amount of the operator's lien calculated to the date
of the sale. Failure to do so shall be deemed a waiver by the operator
of the right to enforcement of said lien.
(7)
Each successful purchaser at the public sale shall reimburse
the operator for accrued towing and storage fees for the vehicle he/she
purchases. The remainder of the purchase price, if any, shall be paid
to the Borough by the successful purchaser. All monies will be collected
by the operator and turned over to the Borough.
(8)
The operator may participate in the public sale as a bidder.
(9)
The Borough will not be responsible for charges due and owing
the operator from a claimant or purchaser of a vehicle, nor will it
assist the operator in collecting such charges.
(10)
Any monies received by the Borough upon sale of any property
pursuant to law shall be the property of the Borough and shall not
be subject to any charges, claims or liens by the operator, his agent,
or servant.
(11)
The Borough reserves the right to retain possession of any vehicles
or vehicle parts, ownership of which the Borough has obtained pursuant
to N.J.S.A. 40A:14-157 and N.J.S.A. 39:10A-1, needed for municipal
purposes. The Borough shall not be assessed any towing or storage
charges for these vehicles.
(12)
It shall be exclusively within the authority of the Borough
to sell some, or all, vehicles in multiple lots rather than individually.
Salvage vehicles shall be sold as a lot only auction.
(13)
The Borough shall hold public sales at its discretion and shall
not be liable for any expenses incurred by the operator as a result
of failure to hold sales.
C.
Disposal of scrap/shredder vehicles. The operator shall dispose of
all vehicles which have been determined to be scrap/shredder vehicles
by the Borough of Oaklyn shall not be reimbursed by the Borough for
any towing and storage fees for any scrapped/shredder vehicle and/or
stored pursuant to this chapter.
A.
The operator shall maintain a record of all property found anywhere
in a towed vehicle, including the trunk and glove compartment, if
open or key available, and shall be responsible until claimed by owner.
B.
The operator shall maintain records of all vehicles towed, stored,
and released by him under this chapter, as well as all services rendered
pursuant to this chapter, including additional unspecified services
performed in furtherance of the operator's obligations hereunder.
Records shall be kept for a period of seven years.
C.
The Chief of Police, or his designee, shall have access to any part
of the storage area at any time of the day or night, for inspection
purposes, including both indoor and outdoor area.
D.
Authorized representatives of the Department of Police, shall have
access to any of the records required to be kept by the operator.
These representatives will include the Chief of Police, Detective
Sergeant, or any other person designated by the Chief of Police or
Mayor.
The fee schedule or charges established for the towing and road services by towing operators on the rotating Borough list maintained by the Borough of Oaklyn Police Department under the direction of the Chief of Police, and for storage in conjunction therewith, shall be adopted by resolution of the Borough Council of the Borough of Oaklyn, with reference to this section of Chapter 118A.
A.
In addition to the other services herein outlined, the operator will
be required to furnish extra towing equipment and service during storm
periods, periods of snow emergencies, traffic emergencies, disasters,
etc., and for any other reason when so designated by the Mayor and/or
Chief of Police, or their duly authorized representatives. During
such periods which are herein referred to as standby periods, the
operator shall be required to furnish adequate equipment and service
to be held ready to remove passenger vehicles, trucks, tractor trailers
and other heavy vehicles and equipment.
B.
Standby service will begin when the Chief of Police, or his authorized
designee, calls the operator initially and will end when he terminates
the standby status by calling the operator.
C.
The Borough reserves the right, during any emergency, to designate
temporary areas owned or leased by the Borough for the storage of
disabled vehicles to said area at the direction of the Chief of Police.
D.
During said emergencies, the operator shall be entitled to make regular
charges to the owners of the vehicles so removed and where storage
space is made available by the operator, the operator shall be entitled
to charge the owner of the vehicle the lawful daily storage charge
in addition thereto.
Every licensed towing operator called by the Police Department
shall keep a record of the name and address of the owner of the towed
vehicle and shall file reports as required by the Chief of Police
which shall include but not be limited to itemized towing and storage
charges per vehicle.
Any person who violates any provision of this chapter may be removed from this towing list and, in addition, shall, upon conviction thereof, be liable for penalties or any combination thereof as set forth in Chapter 1, § 1-14 of the Code of the Borough of Oaklyn, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made, but in no event shall the fine be less than $250. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.
Any towing operator on the towing list who fails to properly
respond to calls in the established response time, fails to provide
adequate service or otherwise violates the terms and provisions of
this chapter, falsifies any information with regard to his application
or violates the Department of Insurance rules shall be subject to
license termination by the Chief of Police.
Notwithstanding anything in this chapter to the contrary, § 118A-3 of this chapter shall be rendered inoperative during the term of a contract awarded for towing services by the Borough Council of the Borough of Oaklyn, pursuant to the process as set forth in the Local Public Contracts Law, N.J.S.A 40A:11-1 et seq. During the term of the contract, the successful bidder under the contract awarded for towing services shall be subject to all of the terms and conditions of all other sections of this chapter.
