[HISTORY: Adopted by the Board of Commissioners of the Borough
of Longport as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-24-2013 by Ord. No. 2013-16]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
A motor vehicle of a private passenger 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 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 the occupation, profession or business
of the owner(s).
The removal and transport 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.
Any vehicle other than that defined as an "automobile" pursuant
to the definitions as contained in this chapter.
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 accidental as to the owner or operator
of the motor vehicle even if they were caused by the intentional acts
of a perpetrator where the perpetrator was not the owner or operator
of the motor vehicle.
The standing or waiting of a vehicle on any private or quasi-public
property.
The maximum allowable amount of storage charges to be charged
per twenty-four-hour period or a fraction thereof. Each new twenty-four-hour
period begins at 12:01 a.m.
Only 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.
The towing operator's principal place of business where
the tow vehicle is stationed when not in use.
A.
The Mayor and Commission shall appoint persons or companies meeting
the criteria set forth in this chapter and engaged in the business
of offering the services of a motor vehicle towing or wrecker service,
whereby damaged or disabled motor vehicles are towed or otherwise
removed from the place where they are damaged or disabled, by use
of a tow vehicle, as defined in this chapter. Such persons or companies
shall be known as official towers.
B.
Official towers shall be identified by means of a license that shall
be issued in accordance with the provisions of this chapter.
C.
Not less than 120 days prior to the beginning of each two-year term
of official towers licenses, the Borough shall advertise for applications
for towing licenses for providing towing service pursuant to this
chapter. The advertisement shall be published in the official Borough
newspaper.
D.
All applicants shall submit their applications at least 90 days prior
to the commencement date for each two-year period, and the applications
shall be reviewed in accordance with the procedures set forth in this
chapter. The award of a license to the successful applicants shall
be subject to compliance with the license requirements of the chapter.
E.
For the purposes of the licenses to be awarded pursuant to this chapter
in the year in which this chapter is adopted, the initial term of
the license shall be from the date the license is issued until December
31, 2015. Licenses issued thereafter shall be for a two-year period
commencing on January 1 of the year in which it was issued and terminating
two years thereafter on December 31.
F.
Notwithstanding the provisions of this chapter that provide for a
two-year term of the license, official towers shall submit, no later
than December 1 of each year that the towing license is in effect,
a detailed certification certifying that the official tower meets
the requirements of this chapter in regard to the issuance of licenses.
The certification shall be submitted to the Chief of Police for his
review and approval. Failure to submit the certification or failure
to continue to abide by the requirements of this chapter in regard
to the issuance of a towing license shall subject the official tower
to revocation of the license in accordance with the procedures contained
herein.
A.
Official towers shall furnish adequate and proper wrecking, towing
and storage of motor vehicles damaged or disabled within the limits
of the Borough when requested to do so by the Chief of Police or his
authorized designee.
B.
No official tower shall subcontract any work to be performed pursuant
to this chapter without having first obtained prior written approval
from the Chief of Police, except for the use of heavy equipment in
time of emergency. Any official tower to whom approval to subcontract
work has been given shall be responsible for the services performed
by the subcontractor and shall remain liable for any violation of
this chapter by the subcontractor.
C.
Storage area (tow lot). The official tower will provide and maintain,
at his/her cost and expense, a storage area for all vehicles towed
pursuant to the direction of the Police Department. Such tow lot shall
not be located more than 15 miles from Longport Borough Hall. The
Borough shall have no responsibility for costs or expenses associated
with said storage facility and likewise shall have no rights or obligations
concerning its operation.
D.
Removal and towing of vehicles.
(1)
The official tower shall remove and tow to his/her storage facility
(tow lot) all vehicles as directed by the Longport Police Department
which are towed as a result of, inclusive of but not limited to, abandonment,
accidents, traffic violations, theft, being disabled, police investigations
or suspected involvement in a criminal activity, unless otherwise
directed. The decision on when a vehicle fits the above criteria for
removal and towing shall be made by the Longport Police Department.
(2)
In the event that the official tower has been summoned by the Borough
for the purpose of towing a vehicle and the owner of the vehicle arrives
on the scene prior to the removal of the vehicle by the official tower,
the owner may be charged by the official tower the drop fee listed
in the fee rate schedule only if the vehicle in question has been
actually hooked up to the tow truck.
(3)
The official tower shall be responsible for the towing of any disabled
Borough owned vehicles as per the approved fee schedule, when requested
by the Borough, including the changing of tires on those vehicles.
(4)
The official tower will be responsible to clean up all broken glass
and debris at the scene of accidents.
(5)
Prior to the official tower towing any vehicle from any portion of
the beach located in the Borough, he/she shall first contact the Police
Department and secure permission to enter upon the beach and tow the
vehicle. The official tower shall take all necessary steps to prevent
damage to the beach, sand dunes, or bulkhead in towing any vehicle
from the beach. The official tower shall be responsible for any damage
to the beach, sand dunes, vegetation, snow fence, bulkheads or any
other structure located on or adjacent to the beach as a result of
the tow operation.
(6)
The official tower shall have the right to utilize another towing
contractor to perform towing services upon the beach, if the official
tower believes his equipment is inadequate or insufficient to accomplish
the towing. In the event that another towing contractor performs the
towing, the fees shall be those specified in the contract, and said
towing contractor shall comply with all the terms and conditions of
the original contract.
A.
Applications for inclusion on the official towers list shall be made
to the Mayor and Commission upon a form prepared by the Chief of Police
and approved by the Borough Attorney and shall contain all of the
following information:
(1)
The name, residence and business address and telephone number of
the owner of the towing company. If the owner is a corporation, the
application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)
Such information as may be required by the Mayor and Commission concerning
the personnel, vehicles, equipment and storage facilities of such
application, as hereinafter provided, showing that the applicant meets
the minimum standards of performance.
(3)
A certificate or certificates of insurance evidencing adequate insurance
coverage as hereinafter provided.
(4)
The names and addresses of two business references who have known
the applicant for at least two years.
(5)
Certification that the applicant will be able to provide towing services
anywhere in the Borough with a maximum response time of 20 minutes,
except when extraordinary circumstances occur.
(6)
Certification that the applicant will be available for service on
business premises 24 hours a day and that he/she will abide by the
approved fees contained in or referred to in this chapter.
B.
The applicant shall submit completed duplicate applications to the
Borough Clerk, who shall forward a copy to the Chief of Police for
his review and approval. The review by the Chief of Police shall consist
of the following:
(1)
A background check to determine if either the applicant or the applicant's
personnel have been convicted of a criminal offense or have had their
driver's licenses suspended or revoked within the past year.
Conviction of a criminal offense or suspension of driver's license
within the past year shall be a cause for disqualification from inclusion
on the official towers list.
(2)
An inspection of the personnel, vehicles and equipment proposed to
be utilized by the applicant to verify the accuracy of the information
contained in the application and to determine compliance with applicable
laws and regulations and the standards of performance required by
this chapter.
C.
An applicant may be included on the official towers list by the Mayor
and Commission, by resolution adopted at a regular public meeting,
when, from a consideration of the application and from such other
information as may otherwise be obtained, they find that all of the
following circumstances exist:
(1)
The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statements of material fact in the
application or in any other document required pursuant to this chapter.
(2)
The applicant has met the standards in this chapter and has furnished
the required hold harmless agreement and certificates of insurance.
(3)
The application has been reviewed and approved by the Chief of Police.
(4)
Neither the applicant nor the applicant's personnel have been
convicted of a criminal offense or had their drivers licenses suspended
within the past year.
D.
The Chief of Police shall conduct his review and render a report
to the Mayor and Commission recommending either approval or denial
of the application. The Mayor and Commission shall take action with
regard to the application after receipt of the report of the Chief
of Police. The applicant or his/her representative shall be given
notice of the date on which the Mayor and Commission will consider
the application and shall be permitted to appear and be heard at that
time.
E.
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Mayor and Commission.
F.
If the Mayor and Commission fail to take action within 30 days of
receipt of a complete application, the application shall be deemed
to have been denied.
A.
Upon approval of the application as herein provided and payment of
the required fees, the Borough Clerk shall issue the applicant an
official tower's license for each tow vehicle or flatbed vehicle
to be utilized in providing services pursuant to this chapter.
B.
The licenses, which shall be in a form approved by the Mayor and
Commission, shall be displayed on the tow vehicle or flatbed vehicle
at all times.
C.
The licenses shall be valid for the two-year period as set forth
in this chapter, shall be nontransferable and shall be subject to
revocation by the Mayor and Commission for any of the following reasons:
D.
Each license granted shall entitle the licensee to operate a towing
business or to drive a tow truck in the Borough for a period of two
years, from January 1 to December 31 of the succeeding year.
E.
The mercantile license fees are as follows:
|
Name of License
|
Fee
|
|---|---|
|
Towing business operator
| |
|
Tow truck driver
|
$100
|
F.
Licenses shall not be transferable from one vehicle to another without
the consent of the Chief of Police. Consent may be granted, at the
sole discretion of the Chief of Police, if the licensee demonstrates
that the transferee vehicle complies with all of the requirements
of this chapter.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available to render
services required by this chapter a minimum of one regular tow vehicle
and one flatbed vehicle.
(2)
Vehicle classes:
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a dolly assembly, a tow sling or wheel lift
assembly and at least 100 feet of either three-eighths-inch or seven-sixteenths-inch
cable attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate transporting of
vehicles.
(3)
Every official tower shall have available a heavy-duty wrecker, and
under reach shall be rated at 35,000 pounds and shall be capable of
towing new-style buses and trucks with fiberglass front ends.
(4)
All equipment shall comply with all state and federal regulations,
and all vehicle operators shall possess a CDL license for over 26,000
pounds.
(5)
Each applicant shall submit, along with his/her application, proof
of ownership or lease of the vehicles which will be utilized to provide
services pursuant to this chapter.
B.
Minimum equipment requirements.
(1)
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicles, visible from 3,600
feet when in use and visible at a minimum distance of 500 feet during
daylight hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber colored.
(d)
Extra chains and cable for pulling or securing a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar or pry bar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of an accident or behind a disabled
vehicle, at least 10 pounds of dry sand or a drying compound for gasoline
and oil spilled onto the roadway and a sufficient quantity and types
of tools to enable the tow operator to perform proper and adequate
emergency repair services for the tow.
(2)
Every tow vehicle or flatbed vehicle shall comply with any and all
state, federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Chief of Police or his designee at any
time. No changes may be made in said vehicles or equipment unless
prior written approval is obtained from the Borough.
(3)
Every tow vehicle or flatbed vehicle shall display the official tower's
license and shall have the name of the official tower displayed on
the vehicle in such manner and of such lettering as conforms to the
provisions of N.J.S.A. 39:4-46.
C.
Minimum personnel requirements. Official towers shall have available,
at all times, a minimum of two persons to provide the services required
by this chapter. All persons employed by official towers to provide
the services required by this chapter shall meet the following requirements
and be subject to the following regulations. They shall:
(1)
Be competent mechanics able to provide minimum road service for disabled
vehicles.
(2)
Have a valid driver's license having no restrictions or conditional
endorsements other than a condition requiring the wearing of eyeglasses.
(3)
Be mentally alert and present a neat appearance at all times.
(4)
Obey all traffic laws and regulations.
(5)
Be subject to inspection by the Chief of Police or his designee and
shall be approved by the Chief of Police prior to rendering any services
pursuant to this chapter.
(6)
Not have been convicted of a crime nor had their driving privileges
suspended or revoked within the past year. (Note: The one-year provision
only applies to driver's license suspension or revocation.)
A.
Official towers shall be placed on the official towers list at the
beginning of each two-year period in accordance with the procedures
as set forth in this article. The official towers list shall consist
of a maximum of three companies. If more than the maximum number of
companies apply, priority will be given to those companies who have
performed satisfactorily for the Borough in the past. The official
towers shall rotate on the list for one month at a time or for such
a period as designated by the Chief of Police in accordance with his
rule-making authority under this article. Unless otherwise changed
by the Chief of Police under his rule-making authority, the one-month
rotation shall commence at 12:00 midnight on the first day of each
month and terminate at 11:59 p.m. on the last day of the month.
B.
The Borough shall request wrecking, towing and storage services from
each official tower in rotation. When called, the tower shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. If a tow vehicle is not available or if, in the discretion
of the Borough official making the request, the response time is insufficient
under the circumstances to properly protect the public health, safety
or welfare, the next official tower on the list shall be called for
that particular towing event. The official tower who is at the top
of the list, however, shall remain on the top of the list for any
subsequent calls until that tower's one-month period at the top
of the list is finished.
C.
All requests for service shall be at the direction of the Chief of
Police, his authorized designee or an authorized representative of
the Borough of Longport.
D.
The Borough shall request service only from official towers; provided,
however, that if no emergency or road hazard exists, the Borough shall
request such service from such other towing service as the owner of
the motor vehicle in need of such services may request, and provided
further that if none of the official towers are available or able
to provide such services as are requested by the Borough, or if an
emergency exists, the Borough may request such services from any other
available source.
E.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Borough over any other requests which may be received by the official
towers.
The applicant shall agree, in writing, to assume the defense
of and to indemnify and hold harmless the Borough, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims to which the Borough may be subjected of
any kind and nature whatsoever resulting from, caused by, arising
out of or as a consequence of the provisions of towing, wrecking,
storage and/or emergency services provided at the request of the Borough
pursuant to this chapter. Official towers shall enter into a hold
harmless agreement in a form to be prepared by the Borough Attorney
prior to being included on the official towers list.
A.
No person shall be included on the official towers list unless and
until such person has provided to the Borough a certificate or certificates
of insurance evidencing that there is in effect the following insurance
coverage:
(1)
Automobile liability insurance in an amount not less than $1,000,000
combined single limits.
(2)
Workers compensation as required by law.
(3)
Sufficient comprehensive general public liability insurance to protect
the Borough from any liability, loss or damage arising out of the
activities to be conducted. Such insurance shall be in the minimum
amount of $1,000,000 for each person and $3,000,000 for each incident.
B.
Policies of insurance shall contain endorsements to provide collision
coverage for vehicles in tow.
C.
Policies of insurance shall be written by insurance companies authorized
to do business in the State of New Jersey. Insurance companies shall
be acceptable to the Borough and shall have at least a B+ rating by
a recognized rating service.
D.
The Borough shall be named as an additional insured on all policies
of insurance provided pursuant to this chapter. All certificates of
insurance shall provide that the policies may not be canceled or terminated
or the coverage decreased without a thirty-day written notice to the
Borough.
E.
Policies of insurance required by this chapter shall be maintained
in full force and effect at all times. In the event that any coverage
is canceled, terminated, interrupted or decreased in amount, notice
shall immediately be made by the official tower to the Borough, at
which time that tow company shall be removed from the official towers
list until such time as the required coverage is reinstated or replaced.
A.
The following are the approved fees:
|
Type of Service
|
Fee
|
|---|---|
|
Transporting (towing) of illegally parked, impounded or disabled
motor vehicle
|
$100
|
|
Transporting (towing) of motor vehicle from an accident scene,
to include cleaning and removal of area debris
|
$120
|
|
Flatbed service
|
$100
|
|
Lockouts
|
$100
|
|
Winching (per hour)
|
$100
|
|
Service calls
| |
|
Borough-owned vehicles
|
50% of applicable listed fee
|
|
Drop fee (vehicle must be hooked to collect drop fee)
|
50% of applicable listed fee
|
|
Labor rate (per hour) (Note: In unusual or extreme situations,
the official tower may charge the labor rate per hour in addition
to the approved fees listed in this section.)
| |
|
Storage rate (per day)
|
$25
|
|
Emergency after-hours release fee (Note: After-hours release
fee in effect from 11:00 p.m. to 7:59 a.m. each day, including holidays
and weekends.)
|
$25
|
B.
There shall be no charge for towing of any motor vehicle or impounding
of a motor vehicle for police investigative purposes at the direction
of the Chief of Police or his designee.
C.
The official tower shall provide, at his/her expense, a printed rate
card, four inches by six inches, which will be provided to the Police
Department for distribution to vehicle owners at the scene of an accident
or when requesting a vehicle release authorization from the Police
Department. The rate card shall provide information on claiming a
vehicle, the name of the business, its owner, and the 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 payment accepted.
D.
All prior damage to towed vehicles is to be reported immediately
to the Police Department for entry into the tow log.
E.
The official tower, at his/her expense, will prepare a printed bill for distribution to the customer, reflecting the amount to be paid in accordance with the approved fees stated on the printed rate card and § 158-10A of this chapter.
F.
There shall be no additional fees charged by the official towers
other than those listed in this chapter.
Storage rates are $25 per day, excluding the first and last
days. Any dispute regarding storage fees and proper notification to
owners or dates of storage shall be resolved by the Chief of Police
or his designee.
A.
The Borough will not be responsible to the official tower for the
collection or payment of any charges for towing and/or storage, regardless
of where the vehicle is stored, regardless of by whom the vehicle
was towed, and regardless of the reason for towing, inclusive of but
not limited to abandonment, accidents, traffic violations, theft or
police investigations.
B.
The Borough will not be responsible to the official tower for any
charges due as a result of towing and/or storage of any vehicle, nor
will it assist the official tower in collecting any towing or storage
charges for any vehicle, whether it has been stolen, abandoned or
involved in an accident or traffic violations and regardless of where
the vehicle is stored.
A.
Copies of this chapter and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at the Municipal Clerk's office, Borough Hall.
Copies shall also be made available to the public at each official
tower's place of business.
B.
All official towers shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of the fees that may
be charged for all services provided pursuant to this chapter.
C.
The Borough reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all official
towers.
D.
The relationship between an official tower and the Borough is one
of an independent contractor. Neither party shall be construed in
any manner whatsoever to be an employee of the other, nor shall any
employee or agent furnished by any party be construed to be an employee
or agent of the other party. Inclusion on the official towers list
shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit-sharing agreement.
E.
The municipality shall not be liable or responsible for compensating
the official towers for any of the services performed under this chapter
unless those services are performed for the Borough-owned vehicles.
Compensation shall be the responsibility of the owner of the towed
motor vehicle, and the official tower shall proceed directly against
the owner.
F.
The official tower shall, at all times, be solely responsible for
the conduct of his/her employees.
G.
Each official tower shall keep and maintain adequate and complete
records showing all vehicles towed, stored and released, all services
rendered and all fees charged and collected. All records shall be
available for inspection by the Borough at any time during normal
business hours. Records shall be kept and maintained by the official
tower at one central location and shall be retained for a period of
seven years. Records may be written, printed or computerized as long
as the requirements of this subsection are met.
A.
In the event that a complaint is received by the Borough involving
the improper conduct or actions of the tower, unsatisfactory performance
of services by an official tower, or excessive charges or damage to
a motor vehicle while in the custody of the tower, written notice
of the same shall be provided by the Borough Clerk to the official
tower involved. The tower shall have the opportunity to respond, in
writing, within five days.
B.
Within 14 days of receipt of the tower's response, or within
21 days of receipt of the complaint if no response is received, the
matter shall be presented by the Borough Clerk to the Mayor and Commission.
C.
The Mayor and Commission shall consider the matter at a regular public
meeting and may request that the complainant and the tower involved
appear and give testimony regarding the complainant.
D.
If, after considering the matter, the Mayor and Commission shall determine that one of the causes for revocation of the official tower's license as set forth in § 158-5C exists, the license shall be revoked and the tower shall surrender the same to the Borough Clerk within one day.
E.
Failure to surrender the license upon revocation shall constitute
a violation of this chapter.
F.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction.
A.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $1,000,
and each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
B.
In addition to the fine provided above, a violation of any of the
provisions of this chapter shall be cause for revocation of the official
tower's license.
