The purpose of this chapter is to establish, pursuant to N.J.S.A.
40A:11-5(1)(u), a list of towing contractors to provide towing services
for the Borough of Andover 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 automobiles.
As used in this chapter, the terms listed below shall be defined
as follows:
ABANDONED
Any automobile which is parked without the current year's
registration or license plates, as required by law, for a period of
more than 48 hours or is positioned so as to constitute an obstruction
of traffic.
AUTOMOBILE
Any automobile and any vehicle as defined by N.J.S.A. 39:1-1.
BASIC TOWING SERVICE
The removal, transportation and/or storage of an automobile
at the request or call of authorized Andover Borough personnel, the
Mayor of Andover Borough or the New Jersey State Police as may be
required when abandoned, disabled, damaged in accidents, 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 an automobile from a position beyond
the right-of-way or berm.
DISABLED VEHICLE
An automobile which has been abandoned, impounded or rendered
inoperable as a result of mechanical failure, involvement in an accident
or criminal activity. An automobile whose location constitutes a hazard
to the motoring public shall be deemed "disabled" for the purposes
of this chapter.
MOTOR VEHICLE ACCIDENT
An occurrence in which an automobile comes in contact with
any other object from which the automobile 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 not basic towing services or
are not performed on an automobile as defined herein.
OUTSIDE SECURED STORAGE FACILITY
An automobile storage facility which is not completely indoors
and which is secured by a fence, wall or other man-made barrier which
is at least six feet high and is protected with on-site security or
an alarm system. Outside storage facilities shall also maintain adequate
lighting to protect stored automobiles from vandalism and theft.
OUTSIDE UNSECURED STORAGE FACILITY
An automobile storage facility which is not indoors and is
not secured by a fence, wall or other man-made barrier which is at
least six feet high, as well as all other storage facilities not defined
above as inside a building or outside secured.
OWNER
A person, firm, corporation, limited liability company or
partnership who or which owns and/or operates an automobile on the
roads within the Borough of Andover, which automobile, by reason of
being disabled, abandoned or illegally parked on or along a road within
the Borough, shall be towed and/or stored.
STORAGE CHARGES
The maximum allowable amount to be charged by a towing contractor
for storage of an automobile for a twenty-four-hour period or fraction
thereof. The new twenty-four-hour period begins at 12:01 a.m.
TOWING ADMINISTRATOR
The person(s) charged with responsibility for administering
and enforcing the provisions of this chapter.
TOWING CONTRACTOR
A towing operator placed on the rotational duty service list
to perform towing services for the Borough.
TOWING OPERATOR
A person, firm, corporation, limited-liability company or
partnership engaged in and licensed to perform the business of providing
towing, road and storage services for automobiles.
TOWING/WRECKER VEHICLE
A truck as defined by N.J.S.A. 39:1-1, designed and employed
for the purpose of towing, transporting, conveying or removing any
and all kinds of automobiles or parts thereof and equipped with a
boom or booms, winches, slings, tilt beds, wheel lifts and under-reach
equipment.
The Mayor and/or his/her designee shall administer and enforce
the provisions of this chapter.
Any person knowingly violating a provision of this chapter shall be suspended from the rotational duty service list and shall be liable for the general penalty set forth in §
1-15, Standardization of penalties, of the Borough Code. Each and every violation of this chapter and each and every day a violation shall continue shall be construed as a separate and distinct offense.
Nothing in this chapter shall be construed to impose responsibility
or liability on the Borough nor to relieve a towing contractor or
automobile owner from such responsibility and liability.
Each clause, sentence, phrase, paragraph, or subsection of this
chapter is declared to be an independent clause, sentence, phrase,
paragraph, or subsection, and the finding or holding of any such portion
of this chapter to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this chapter.