The following words and terms used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise:
ABANDONED VEHICLE
Any vehicle that is abandoned on or along any highway, other
than a limited-access highway, or other public property or on any
private property without the consent of the owner or other person
in charge of the property. A vehicle which has remained on or along
any highway or other public property or on any private property without
such consent for a period of more than 48 hours; or for any period
without current license plates shall be presumed to be an abandoned
motor vehicle.
BASIC TOWING SERVICE
Towing as defined in this section and other ancillary services
as may be specified by the Director of the New Jersey Department of
Consumer Affairs by regulation or statute. "Basic towing service"
shall also include private property towing and other nonconsensual
towing as defined in this section and other ancillary services that
include the following: arriving at the site from which a motor vehicle
will be towed; 15 minutes waiting time; hooking a motor vehicle to
or loading a motor vehicle onto a tow truck; transporting a motor
vehicle to a storage facility; unhooking or unloading a motor vehicle
from the tow truck; and situating the motor vehicle in the space in
which it will be stored. "Basic tow" also includes issuing documents
for the release of a motor vehicle to its owner or other person authorized
to take the motor vehicle; issuing an itemized bill; three trips to
the motor vehicle in storage which, if applicable, includes making
a vehicle available to an insurance appraiser or adjuster; issuing
documents for the release of a motor vehicle to its owner or other
person authorized to take the motor vehicle; and retrieving a motor
vehicle from storage during the hours in which the storage facility
is open.
CLEANUP AND REMOVAL COSTS
All costs incurred by the Township, its agents or the towing
operator in the removal or attempted removal of hazardous substances
and disposal thereof, or costs for the taking of reasonable measures
to prevent or mitigate damage, whether actual or threatened to the
public health, safety or welfare.
CODE OFFICIAL
An individual who is duly appointed by the Township Committee
responsible for enforcing codes in the Township of South Harrison.
It shall be the duty of the Code Enforcement Officer to carry out
the provisions of the ordinances listed in the Code of the Township
of South Harrison.
DECOUPLING FEE
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a tower, but prior to the vehicle actually
having been moved or removed from the property.
DISCHARGE
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping of hazardous substances into the water, lands or air of
the State of New Jersey.
DISPATCH FACILITY
A place established to transmit requests for towing services.
(i.e., Gloucester County Dispatch Communication Center or South Harrison
Township Police Department).
HAZARDOUS SUBSTANCES
The list of hazardous substances adopted by the Environmental
Protection Agency (EPA) pursuant to § 101 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, P.L.
96-510 (42 U.S.C. 9601 et seq.), and amendments thereto, and those
substances listed by NJDEP as environmental hazardous substances pursuant
to N.J.S.A. 34:5A-4, and amendments thereto.
LICENSE TERM
The period of 24 months from February 1 to January 31.
MOTOR VEHICLE
Shall include all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles, motorized scooters, motorized wheelchairs, and
motorized skateboards.
MOTOR VEHICLE ACCIDENT
An occurrence in which a motor vehicle comes in contact with
any other object, including pedestrians, for which the motor vehicle
must be towed or removed from the scene thereof.
NIGHT HOURS
At the closing time of normal business hours any time between
6:00 p.m. and 8:00 a.m., Monday through Friday, including weekends
and holidays.
NONCONSENSUAL TOWING
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
OUTSIDE SECURED
Any portion of a towing facility that is not indoors and
is secured by a fence, wall or other man-made barrier and is installed
with a passive alarm system (i.e., bell ringer located in the gate
area to the enclosed facility) or a similar on-site security measure.
PERSON
An individual, a sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
PETROLEUM or PETROLEUM PRODUCTS
Oil or petroleum of any kind and in any form, including,
but not limited to, oil petroleum, gasoline, kerosene, fuel oil, oil
sludge, oil refuse, and oil mixed with other wastes.
POLICE-HELD VEHICLES
Motor vehicles which are alleged to have been involved in
illegal activity; involved in a fatal motor vehicle collision; or
any vehicles so designated by a South Harrison Township Police Officer.
PRIVATE PROPERTY OWNER
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
PRIVATE PROPERTY TOWING
The nonconsensual towing from private property or from a
storage facility of a motor vehicle or a consumer's motor vehicle
that is parked illegally, parked during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
PUBLIC GARAGE
A building, structure, or property designed and used for
equipping, adjusting, greasing, washing, polishing, servicing, or
storing of motor vehicles, other than at a junkyard, operated for
profit and for service to the public. For purposes of this chapter,
a public garage means any general repair garage, specialized repair
garage, car wash, auto repair facility, or towing facility.
RESPONSE TIME
Not more than 30 minutes from the time of the initial request
by the Gloucester County Dispatch Communication Center or the South
Harrison Township Police to the tow vehicle's arrival at the
site of the incident requiring towing services with all traffic regulations
being observed.
STORAGE AREA
The portion(s) of the towing facility's property utilized
for the storing of motor vehicles. The storage area, whether indoor
or outdoor, shall be secure, enclosed via fence or walls, and accessible
24 hours per day by the South Harrison Township Police Department.
If the storage area is outdoors, it shall be fully enclosed by a fence,
and shall be lighted from dusk to dawn.
TOWING
The removal and transportation of a motor vehicle from a
highway, street, other public or private road, parking area, storage
facility, and from other off-road locations such as fields, lakes,
rivers and streams. This includes other services such as roadside
assistance. Additionally, towing shall mean the moving or removing
of a motor vehicle as a result of an accident or otherwise is disabled;
is recovered after being stolen; or is parked illegally or otherwise
without authorization; parked during a time at which such parking
is not permitted; or otherwise parked without authorization and/or
the immobilization of or preparation for moving or removing of such
motor vehicle for which a service charge is made, either directly
or indirectly.
TOWING OPERATOR
Any entity that operates a towing business or tow vehicle(s).
TOWNSHIP
The Township of South Harrison.
TOW VEHICLE
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts, or under-reach equipment specifically designed
by the vehicle manufacturer for the transport of motor vehicles.
Prospective tow list operators must have a duly licensed towing
facility or auto repair facility meeting the requirements set forth
in this chapter.
All licenses issued under this chapter shall be effective for a period of two years. The license shall begin on the first day of February and end on January 31. All licenses shall expire automatically, and applications for renewal thereof shall be submitted not less than six weeks prior to the date of expiration. The "license" memorializing approval of the application by the Township Committee for the tower's license shall be the resolution adopted and approved by the Township Committee that shall be valid for a period of two years as set forth in this chapter, which license shall be nontransferrable and shall further be subject to revocation as set forth in §
130-9. Official towers shall be placed on the official tower list at the beginning of each two-year period in accordance with the procedures as set forth in this chapter.
Copies of the contract and fee schedule on file are available
from the Township Clerk's office during regular business hours,
Monday through Thursday, which shall make available upon a request
a copy of this chapter, contract and fee schedule pertaining to all
approved private towing contractors.