[Added 12-15-2015 by Ord.
No. 40-2015]
The following words and terms used in this article shall have
the following meanings, unless the context clearly indicates otherwise.
Any public garage where motor vehicles are painted and/or
repaired. No motor vehicle shall remain at an auto body shop for longer
than six months, for purposes of this article.
The removal and transportation of a motor vehicle 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.
The City of Millville.
The City Clerk of the City of Millville.
The Board of Commissioners of the City of Millville.
All costs incurred by the City or its agents 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.
A fee for releasing a motor vehicle to its owner or operator
when the vehicle has been hooked or lifted by a tower, but prior to
the vehicle actually having been removed from the scene.
[Added 7-19-2022 by Ord. No. 32-2022]
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking pumping, pouring, emitting, or
dumping of hazardous substances into the water or lands of the State
of New Jersey.
A place established to transmit requests for towing services.
The list of hazardous substances adopted by the Federal Environmental
Protection Agency (EPA) pursuant to Section 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 the NJDEP as environmental hazardous
substances pursuant to Section 4 of P.L. 1983, Chapter 315 (N.J.S.A.
34:5A-4), and amendments thereto.
Towing of a vehicle with a vehicle manufacturer's GVW (gross
vehicle weight) rating of 16,001 pounds and above.
[Added 7-19-2022 by Ord. No. 32-2022]
A tow truck with dual wheels capable of towing large trucks/vehicles
shall meet the following minimum requirements: gross vehicle weight
(GVW), 30,000 pounds; gross combined weight rating (GCWR), 80,000
pounds; boom rating, 50,000 pounds; winch rating, 50,000 pounds; cable
size and length, 5/8 inch and 200 feet.
[Amended 7-19-2022 by Ord. No. 32-2022]
Any portion of a towing facility that is completely indoors,
having one or more openings in the walls for storage and removal of
vehicles and is secured by a locking device on each opening.
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale
or abandonment of wastepaper, rags, scrap metal or other scrap or
discarded goods, materials, machinery, or two or more unregistered/uninspected,
inoperable motor vehicles or other type of junk. For purposes of this
article, an auto repair facility or a towing facility shall not be
considered a junkyard.
The towing of a vehicle with a vehicle manufacturer's GVW
(gross vehicle weight) rating of up to 10,000 pounds.
[Added 7-19-2022 by Ord. No. 32-2022]
The towing of a vehicle with a vehicle manufacturer's GVW
(gross vehicle weight) rating of 10,001 to 16,000 pounds.
[Added 7-19-2022 by Ord. No. 32-2022]
Includes all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles.
An occurrence in which a motor vehicle comes in contact with
any other object for which the motor vehicle must be towed or removed
from the scene thereof.
Any portion of a towing facility that is not indoors and
is secured by a fence, wall or other man-made barrier that is eight
feet high unless otherwise prescribed by the City of Millville Zoning
Ordinance[1] and is installed with a passive alarm system (e.g., bell
ringer located in the gate area to the enclosed facility) or a similar
on-site security measure. Fences which are not less than six feet
in height which existed prior to passage of this article shall be
permitted; however, if such fences are replaced, the new fence shall
be eight feet in height unless otherwise prescribed by the Zoning
Ordinance.
Any portion of a towing facility that is not indoors and
is not secured by a fence, wall or other man-made barrier, and all
other storage facilities not otherwise defined as inside buildings
or outside secured.
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, oil mixed with other wastes.
A diagram which shows the buildings, streets, roads, driveways,
dimensions of existing and proposed structures, parking areas, easements
and property lines of an existing or proposed site at a defined scale.
Motor vehicles which are alleged to have been involved in
illegal activity, involved in a fatal motor vehicle collision, or
designated by a Millville police officer.
Any building, structure or property designed and used for
equipping, adjusting, greasing, washing, polishing, servicing or storage
of motor vehicles, other than at a junkyard, operated for profit and
for service of the public. For purposes of this article, a "public
garage" means any general repair garage, specialized repair garage,
car wash, auto repair facility, or towing facility.
The towing/winching of a motor vehicle from a position beyond
the right-of-way of the roadway, or from being impaled upon any other
object within the right-of-way of the roadway. (Examples: winching
a vehicle from a tree line or embankment/right and overturned vehicle).
[Added 7-19-2022 by Ord. No. 32-2022]
Not more than 20 minutes from the time of the initial request
by the Millville Police Department dispatcher to the tow vehicle's
arrival at the site of the incident requiring tow services, all traffic
regulations observed.
A place for the storing of motor vehicles.
Any public garage which offers towing services. No motor
vehicle shall remain at a towing facility for longer than 60 days
for purposes of this article.
Any entity that operates a towing business or 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 removal or transport of motor
vehicles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
Prospective tow list operators shall have a duly licensed towing
facility or auto repair facility meeting the requirements set forth
in this article.
A.
License application; data required. An application shall be in writing,
upon forms to be furnished by the City of Millville, signed by the
applicant and filed with the City Clerk; said application shall contain
the following information:
(1)
The name, business address, business name, telephone number and e-mail
address of the towing operator.
(2)
The location of the towing operator's towing facility.
(3)
The name of the towing operator's insurance company and insurance
policy number.
(4)
The towing fees, storage fees charged, and any other information
which the City Clerk deems relevant and appropriate, including experience
and references.
(5)
The type, condition, and design of tow vehicle(s) and equipment available
for service, and the name and address of the owner of such vehicle(s).
(6)
Communications availability, including radio communications, and
the location and availability of the dispatch center.
(7)
The name, address and driver's license number for each driver or
operator of the tow vehicle(s).
(8)
Proof that each vehicle to be licensed is duly registered and inspected
by the State of New Jersey, Division of Motor Vehicles, as a tow vehicle.
(10)
Plot plan. A plot plan shall:
(a)
Be drawn neatly to scale, preferably at one inch equals 20 feet.
(b)
Indicate the entire lot for which application is being made.
(c)
Contain a symbol indicating the direction of north.
(d)
Indicate the name of all streets and ways upon which the lot
is located, street address and the location and type of existing and
proposed street fixtures, such as utility poles, street lights, traffic
signals and signs.
(e)
Indicate the name of the nearest intersection street and the
distance, in feet, to it.
(f)
Indicate, with dimensions, all parking and storage areas with
distance from building and property lines.
(g)
Indicate all driveways and curb cuts and easements.
(h)
Indicate the width of all rights-of-way (streets and ways) upon
which the lot is located.
(i)
Indicate the lot number of the subject property and abutting
lots.
(j)
Draw a key map of area.
(11)
Renewals; plot plan. The applicant may submit a notarized statement with its renewal application that the plot plan required by Subsection A(10) above has not changed from the immediate preceding term. Any changes to the plot plan must be approved by the Planning and/or the Zoning Board of Adjustment.
B.
If a firm, partnership, association, limited liability company, corporation
or other organization, the name and address of each officer, director,
partner, and/or member thereof. Each application for a license, or
a renewal thereof, shall contain the street address for the residence
and business of the licensee at the time of application or renewal.
A post office box shall be permitted only as part of a mailing address
that is submitted by the licensee in addition to the street address
of the licensee's residence or business. A licensee whose last address
appears as a post office box shall change the address on the application
to the street address of the licensee's residence and business. An
application of a corporation shall be signed in the name of the corporation
by the president and attested by the secretary.
C.
Said application shall be duly verified by the applicant before a
notary public or some other person duly authorized to administer oaths.
D.
Each such application shall be accompanied by the full amount of
the license fee hereinafter prescribed.
E.
No license shall be issued to a towing operator whose towing facility
is located within the City unless said facility is located within
a zoning district where such use is a permitted use in accordance
with the City of Millville Zoning Ordinance[1] or unless a use variance has been obtained therefor, and
any and all Planning Board or Zoning Board approvals and/or permits
have been obtained therefor, or unless sufficient proofs are provided
by the applicant that said facility was operated at its present location
prior to adoption of the zoning ordinance. Details of the location
shall be shown on a map or diagram accurately depicting the dimensions,
proposed layout and size of the vehicle storage spaces, fire lanes
and the maximum number of vehicles to be stored at such premises.
The information shall be submitted on a site plan approved by the
City of Millville Planning Board and/or the Zoning Board of Adjustment.
F.
The tow vehicle(s) shall comply with any and all state, federal and
local laws, regulations and ordinances pertaining to safety, lighting
and towing equipment and shall be subject to inspection by the Millville
Police Department or its designee.
G.
An application shall not be deemed complete unless accompanied by:
(1)
A current and complete criminal history and a current and complete
State of New Jersey certified motor vehicle abstract for each driver
or tow vehicle operator employed by or otherwise associated with the
towing operator.
(2)
A letter of compliance from the Zoning Official representing the
municipality having jurisdiction over the facilities of the tow operator's
base of service, dispatch and/or storage area that such facilities
are not in violation of applicable land use ordinances.
(3)
An approval from the City Clerk or such other official, as applicable,
representing the municipality having jurisdiction over the property
of the tow operator that such property is not in violation of applicable
property maintenance and health codes. This compliance letter shall
include the dispatch facility and storage facility if not one and
the same.
H.
The City of Millville shall have the right to verify the accuracy
of the information supplied in the application by interviewing, investigating
and inspecting all personnel, vehicles, equipment and storage areas
proposed for utilization by the applicant and to determine compliance
with all applicable laws, regulations and standards of performance
required by this article.
I.
Upon receipt of a completed application form, the City Clerk or a
designee shall furnish a copy of the application to the Chief of Police.
J.
An applicant shall be disqualified from obtaining or holding a towing operator's license if a criminal history background check and/or driver's abstract required pursuant to § 52-54 G(1) reveals a record of conviction of any of the following crimes or offenses:
(1)
In New Jersey or elsewhere, any crime or offense as follows: aggravated
assault, arson, burglary, escape, extortion, homicide, kidnapping,
robbery, aggravated sexual assault, sexual assault, or endangering
the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not
armed with or having in his possession any weapon enumerated in Subsection
r of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A.
2C:39-3, N.J.S.A. 2C:39-4 or N.J.S.A. 2C:39-9 or a disorderly persons
or petty disorderly persons offense for the unlawful use, possession
or sale of a controlled dangerous substance as defined in N.J.S.A.
2C:35-2.
(2)
In any other state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection J(1) of this section.
(3)
In New Jersey or elsewhere, the conviction of an alcohol or drug-related
traffic offense enumerated in N.J.S.A. 39:4-49.1, N.J.S.A. 39:4-50
et seq. or N.J.S.A. 39:4-51 et seq. or its equivalent in any other
state, territory, commonwealth or other jurisdiction of the United
States, which has occurred in the last 10 years prior to the application
being submitted.
(4)
Notwithstanding anything herein to the contrary, if a person who has been convicted of one of the crimes or offenses enumerated in Subsection J(1) or (2) of this section can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxicab.
K.
The City Clerk, with the assistance of the Millville Police Department,
upon receipt of a completed application, shall conduct a background
investigation of the towing operator. This investigation shall include
an inspection of the towing facility, the tow vehicle(s) and the towing
operation, and inquiry into all relevant matters to determine if the
towing operator meets the requirements of all applicable laws, regulations,
standards of performance and security of vehicles towed or stored
as mandated by N.J.S.A. 40:48-2.49b.
L.
The City Clerk and/or the Millville Police Department may request
and obtain additional information from the Chamber of Commerce and
the Department of Weights and Measures and Consumer Protection of
the applicable county and from any other appropriate sources.
M.
The towing operator shall at no time transfer or assign a license,
or any part thereof, for any purpose whatsoever.
N.
No individual shall operate a tow vehicle unless that individual
is duly licensed by the State of New Jersey. Any change in licensure
of vehicle operators during the period of the license must be reported
to the City Clerk within 15 days of such change. Failure to do so
shall be basis for revocation of a license.
A.
In the event that the City Clerk determines that the towing operator
is not qualified, a written report shall be filed specifying the findings
and the reasons for the recommendation of rejection. A copy of the
report shall be sent by certified mail, return receipt requested,
and regular mail to the towing operator applicant.
B.
Any towing operator who is denied a license based upon the findings
and recommendations of the City Clerk may file with the City Clerk
a written request for a hearing before City Commission, provided that
such request is filed within 30 days of receipt of notification. A
hearing shall be scheduled before City Commission within 60 days of
the City Clerk's receipt of such request, at which hearing City Commission
shall be the hearing officer for final determination of the matter.
[Amended 8-7-2018 by Ord.
No. 45-2018]
A.
In order
to be included on the City of Millville Police Department Tow List,
a towing operator shall submit proof of insurance to the City Clerk
and a copy thereof to the Millville Police Department each year on
or before January I. The towing operator shall furnish proof of insurance
coverage for their garage operations by Certificate of Insurance accompanying
the license application. Said certificate shall name City of Millville
as the certificate holder and shall name City of Millville as an additional
insured on all liability policies. All insurance policies shall be
obtained front an insurance company authorized to conduct business
in the State of New Jersey. Said insurance policies shall be written
for not less than the limits specified below or required by law, whichever
may be greater.
(1)
Automobile
liability in an amount not less than $1,000,000 combined single limit.
(2)
Commercial
general liability insurance or its equivalent for bodily injury, personal
injury and property, damage including loss of use, with minimum limits
of $1,000,000 each occurrence and $2,000,000 general aggregate.
(3)
Workers'
compensation insurance, including occupational diseases, in accordance
with the statutory requirements of the laws of the State of New Jersey.
The worker's compensation insurance policy shall contain an employee's
liability endorsement providing limits of not less than statutory
requirements.
(4)
Garage
keepers' legal liability which includes comprehensive and collision
coverage. Said policy shall include "on hook" coverage and coverage
for the property of others which is in the care, custody or control
of the licensed towing operator. Said policy shall also include the
peril of transportation for any motor vehicle in the possession or
control of the towing operator in an amount not less than $100,000
per location.
(5)
Garage
liability insurance in an amount not less than $1,000,000 combined
single limit.
(6)
The
certificate of insurance shall provide that the insurance company
give City of Millville 30 days prior notice of any changes or cancellation
terms of such policies during the period of coverage.
B.
The towing
operator shall agree in writing to assume the defense of and indemnify
and hold harmless the City, its elected officials, boards, commissions,
officers, employees, attorneys and agents, from all suits, actions,
damages or claims to which the City, its elected officials, boards,
commissions, officers, employees, attorneys and agents may be subjected
of any kind and nature whatsoever resulting from, caused by, arising
out of or as a consequence of the provision of towing, storage and/or
emergency services provided by the towing operator pursuant to this
article. Tow operators shall enter into a hold-harmless agreement
in a form to be approved by the City Solicitor prior to being included
on the towing list.
Upon the receipt and review by the City Clerk of a completed
application, and upon the findings resulting from the investigation
of the applicant and a recommendation of approval, the application
shall thereupon be referred to the Commission of the City of Millville
for consideration, and when the Commission has determined to approve
the granting of such license, it shall do so by resolution. Upon the
adoption of such resolution, the City Clerk shall issue a license
certificate, which shall state the purpose for which the license is
granted, the name, business name and the base-of-service address of
the licensee, the number of the license and the date of its expiration,
which license certificate shall be signed by the City Clerk.
All licenses issued under this article shall be effective for
the period of two years. The license shall begin on the first day
of January and end on the 31st day of December two years after the
granting of the same. All licenses shall expire automatically; applications
for renewal thereof shall be submitted on or before December 1 of
the expiring year. Applications received after December 1 of the expiring
year will not be accepted.
A nonrefundable fee of $500 shall be submitted simultaneously
with an original application and all renewal applications.
A license may be revoked or suspended at any time for cause
by action of the Millville City Commission, after an opportunity for
the licensee to be heard, for the violation of any of the provisions
of this article or any other ordinance of the City of Millville. Such
license, when so suspended or revoked, shall not be reinstated except
for good and sufficient cause shown.
A.
Eligibility.
(1)
All towing operators, in order to provide services in no-preference
motor vehicle accidents or for the removal of motor vehicles from
private or public property, as may be authorized by the Police Department
or the City Zoning Officer, must be licensed by the City of Millville
in accordance with this article.
(2)
Towing operators must meet the twenty-minute response time to
be eligible for inclusion on the City of Millville Police Department
tow list.
B.
The list of licensed towing operators shall be maintained by the
Police Department and shall be utilized on a rotation basis. The rotation
shall be on a weekly basis unless otherwise specified by the Police
Department or in the event of emergency conditions. The towing and
storage services shall be rotated among towing operators on an equal
basis, by the job or by the week.
C.
Licensed tow operators shall be subject to the minimum standards
of the performance rules and regulations of the Millville Police Department,
including safety, availability, and compliance with the procedures
established by this article.
D.
If the Chief of Police determines at any time that a towing operator is unable or unwilling to fulfill the requirements of this article or the statutes and regulations of the State of New Jersey, the Chief of Police shall file a written report with the City Clerk. The City Clerk shall then notify the towing operator by regular and certified mail at the address stated pursuant to § 52-54A(1), that the Chief of Police has recommended its removal from the Police Department towing list. The tow operator may file a written exception and request for a hearing with the City Clerk within 15 days from receipt of notification. The City Clerk shall then schedule a hearing before City Commission within 30 days of the aforesaid request. After conducting a hearing, the City Commission may then, by resolution, remove the towing operator from the Police Department towing list if the Commission determines, by a preponderance of evidence, that the performance of the towing operator is unreliable or inadequate.
E.
The tow operator shall cease towing of vehicles on behalf of the
City of Millville Police Department upon notification by the City
Clerk that the tow operator is to be removed from the list.
A.
Licensed towing operators agree to provide the following services
on an around-the-clock basis:
(1)
Removal and transporting of motor vehicles involved in a motor
vehicle accident where the owner or operator of the motor vehicle
has not made a preference for the towing of the vehicle.
(2)
Removal and transporting of a motor vehicle from private or
public property as may be authorized by the Police Department or the
City Zoning Officer.
(3)
Removal and disposal from City or private property motor vehicles
which, pursuant to state law and regulations, would be subject to
the jurisdiction of the Millville Police Department. Such vehicles
shall be moved to such location as specified by the Millville Police
Department.
(4)
The storage of a motor vehicle removed and transported from
the scene of a motor vehicle accident.
B.
Cleanup.
(1)
A towing operator responding to a tow shall be responsible for all site cleanup related to a motor vehicle accident, including the pickup and removal of all debris from the scene of the accident and containment of any hazardous fluids from the vehicle prior to tow, in accordance with the laws of the State of New Jersey, and all services as defined by state regulations and this article (Article XIII of Chapter 52 of the Millville City Code).
(2)
It is understood that the responsibility of the tow operator
as established above in no way relieves the vehicle owner of his responsibility
for the cleanup and removal of any debris or spilled fluids coming
from his vehicle.
C.
A towing operator shall provide either one boom tow truck with a
wheel lift or winch rollback or one boom tow truck with a wheel lift,
capable of transporting the vehicle to be removed without additional
damage. The transported vehicle shall not exceed the carry weight
or capacity of the carrying vehicle.
D.
The towing operator shall ensure the proper utilization and deployment
of safety devices as more particularly defined in § 55-60.3
herein.
E.
If a licensed towing operator is unable to handle a particular situation
for whatever reason, the City shall have the right to use whatever
means necessary to accomplish the removal, transporting and storage
of motor vehicles.
F.
No towing operator shall subcontract any work to be performed pursuant
to this article without having first obtained prior written approval
from City Commission. Any towing operator to whom approval to subcontract
work has been given shall be responsible for the services performed
by and the acts and omissions of the subcontractor and shall remain
liable for any violation of this article by the subcontractor.
A.
The towing operator shall provide a towing facility of sufficient
size to accommodate not fewer than 25 passenger vehicles and one tractor
and trailer and not less than 800 square feet of inside storage facilities
to hold and protect "police hold" vehicles. At no time shall any automobiles
towed by a towing operator be stored at any other location, except
where a vehicle is towed at the request of the owner to a specific
location. Vehicles shall have a maximum of sixty-day storage life
with the exception of vehicles awaiting repair or in the process of
being repaired at authorized body shops, in which case vehicles shall
have a maximum of six months' storage life, or vehicles taken to authorized
junkyards.
B.
The towing facility shall be staffed by the licensed towing operator
during normal business hours and include twenty-four-hour telephone
service seven days per week during the week in which the licensed
facility is on call.
C.
The towing operator shall provide tow vehicles capable of handling the transporting of motor vehicles as defined in § 52-52 and equipped to provide regular towing service. Gross vehicular weight up to 10,000 pounds is "light-duty tow service." Gross vehicular weight of 10,001 to 16,000 pounds is "medium-duty tow service." Gross vehicle weight of 16,000 pounds or more is "heavy-duty tow service." Carry weight shall not be less than 4,000 pounds or less than that needed to carry the transported vehicle safely.
[Amended 7-19-2022 by Ord. No. 32-2022]
D.
Each tow vehicle or flatbed vehicle shall be equipped with towing
and safety equipment; warning devices, such as lights, flares and
flags, to warn other automobile operators of the presence of a disabled
automobile; and mechanics tools to perform complete emergency work,
including but not limited to the following:
(1)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicle, which when in use shall
be visible from 360° at a distance of not less than 500 feet during
daylight hours.
(2)
One snatch block per winch.
(3)
Safety tow lights or magnetic tow lights for towing vehicles
at night. Safety tow lights, red in color, shall be mounted in the
rear of the vehicle being towed.
(4)
Ample chains and cable for pulling or securing a towed vehicle.
The working limit of cable shall be noted.
(5)
At least one heavy-duty broom, shovel, crowbar or pry bar, jumper
cables, flashlight, fire extinguisher of dry chemical type having
a capacity of not less than two pounds, one dozen flares or similar
warning devices for placement at the scene of an accident or behind
a disabled vehicle, not less than 10 pounds of dry sand or a drying
compound for gasoline and oil spilled onto the roadway, and tools
sufficient to enable the tow vehicle operator to perform proper and
adequate emergency repair services for the tow.
(6)
Backup alarms.
E.
All wrecked vehicles must be in compliance with all safety equipment
requirements as listed in N.J.S.A. 39:3-1 et seq. and 49 CFR 393.
F.
No changes may be made to tow vehicles or equipment without prior
written approval of the Millville Police Department.
G.
Each tow vehicle shall display a sticker issued by the City Clerk
on the upper left side of the driver's door panel and shall have the
City of Millville's name and license number issued to the licensed
tow operator and license expiration date displayed on the vehicle.
[Amended 4-2-2019 by Ord.
No. 16-2019]
H.
Towing operators and their employees shall provide all services required
by this article at all times and shall be subject to the following
requirements:
(1)
Possess sufficient knowledge, skill and ability to provide minimum
road services for disabled vehicles and to adequately remove a vehicle
from an accident scene without causing additional damage to the vehicle.
(2)
Possess a valid driver's license and/or a commercial driver's
license with no restrictions or conditional endorsements except for
the wearing of eyeglasses.
(3)
Be mentally alert and present a neat appearance at all times.
(4)
Obey all traffic laws, statutes, regulations and ordinances
promulgated by the State of New Jersey and the City of Millville.
(5)
Be subject to inspection by the City Clerk and/or the Millville
Police Department prior to rendering any services pursuant to this
article.
(6)
Have no criminal convictions and not be subject to driving privilege
suspensions or revocations within one year from the date of the application
or renewal.
(7)
Wear retroreflective safety clothing (vest or shirt) with a
minimum ANSI 2 rating while performing towing functions.
[Added 7-19-2022 by Ord. No. 32-2022]
I.
The tow vehicles provided by the towing operator shall be of such
type and design to properly and safely perform all towing services
required by this article and shall at all times comply with New Jersey
statutes and regulations and be subject to inspection by the Millville
Police Department.
J.
All drivers of tow vehicles shall possess at all times a valid New
Jersey driver's license and a commercial driver's license, where applicable,
which shall be subject to inspection by the Millville Police Department.
Said operator shall respect all traffic laws and shall comply with
all statutes and regulations of the State of New Jersey and of the
City of Millville.
K.
The tow vehicles provided by the towing operator shall be geographically
located so as to permit a response time within 20 minutes.
L.
The towing fees and storage fees established by the towing operator
shall be conspicuously posted at the towing facility owned or operated
by the towing operator, which fees shall not exceed the maximum fees
set forth in this article.
M.
At all times, the towing operator shall maintain the towing facility
in a clean and orderly fashion. Reasonable measures shall be taken
by the towing operator to prevent vandalism, theft or damage to automobiles
stored therein.
N.
In the event that automobiles which are towed and stored by the towing
operator are abandoned or unclaimed by the owners thereof, the towing
operator shall make no claim against the City, its agents or employees.
Only those vehicles towed from private property or public right-of-way
under authorization of either the City Zoning Officer or the Police
Department, not including accident vehicles, shall be disposed of
by the City pursuant to N.J.S.A. 39:10A-1 et seq., or other appropriate
state statutes or state regulations.
O.
The towing operator operating pursuant to these regulations is an
independent contractor and in no sense an agent, servant or employee
of the City. Said operator shall at all times maintain direct supervision,
management and control over all its employees and personnel engaged
in the operation or services performed pursuant to these regulations.
P.
The City shall not be responsible for the acts of the towing operator
in performing the services contemplated by this article. The towing
operator agrees to save and hold harmless the City from all manner
of liability as a result of its actions or omissions, whether of a
negligent or intentional nature.
Q.
Towing operators approved for tow list eligibility shall be required
to fulfill tow requests of the Millville Police Department. Failure
or refusal to remove a vehicle pursuant to directive of the Millville
Police Department shall be cause for removal from the list.
R.
The tow operator shall be responsible for ensuring the proper, safe
and secure storage of all vehicles towed. The tow operator shall be
liable for any and all damage incurred by such vehicles while in transit
to or while stored in or at the facilities of the operator.
S.
The tow operator shall record all vehicles towed in a book kept for
such purposes. The details of each disabled vehicle towed, serviced
or transported, together with full information of the towed vehicle
and name and address of the owner and the charges paid for his services,
shall be recorded. Full information of the towed vehicle shall include,
but not be limited to, the vehicle's license number, VIN registration
number, make, model, color and year. The record book herein described
shall be kept open for inspection at all times by any duly authorized
representative of the City of Millville. A quarterly towing record
containing the information herein stated above shall be filed with
the Millville Police Department and the City Clerk setting forth the
details of all tows by vehicle type, date, time of day, sector and
whether additional services were required.
A.
Every tow operator on the Police Department Tow List shall maintain
outside secured storage area meeting the following requirements:
[Amended 6-6-2018 by Ord.
No. 32-2018]
(1)
The storage area shall be capable of storing not fewer than
25 passenger vehicles and one tractor and trailer.
(2)
The storage area shall be located either within the limits of
the City or at such location outside of the City as to facilitate
a response time of not more than 20 minutes.
(3)
Outside storage areas shall be fully enclosed by a fence of
sufficient security to prevent trespassing, having a height of eight
feet, or as otherwise prescribed by the City of Millville Zoning Ordinance,[1] with at least one lockable gate for ingress and egress,
and shall be lighted from dusk to dawn. (If the storage facility includes
more than one access point, then all access points must be secured
with appropriate gate and lock.) Fences which are not less than six
feet in height which existed prior to adoption of this article shall
be permitted; however, if such fences are replaced, the new fence
shall be eight feet in height or as otherwise prescribed by the Zoning
Ordinance.
(4)
The storage facility shall be available to the Millville Police
Department 24 hours a day, 365 days per year, and shall be open to
the public on weekdays during normal business hours and for limited
but reasonable hours on weekends. The applicants shall specify the
hours on which the facility will be open to the public on weekends.
The storage facility shall release a stored vehicle to the owner thereof
on such date as shall have been requested by said owner, and storage
charges shall not accrue beyond the requested date of release.
(5)
The tow operator shall have an employee on duty during all hours
in which the storage facility is open.
(6)
The tow operator shall not charge a release fee or other charge
for releasing vehicles to their owners after normal business hours
or on weekends.
B.
The City of Millville shall not be responsible for the processing
of licensure or any other documents required by the State of New Jersey
with regard to vehicles left abandoned at a repair facility. Vehicles
left abandoned at a repair facility, including those involved in accidents,
are the responsibility of the repair facility, per N.J.S.A. 39:10A-8.
A.
When towing or storing a motor vehicle under the police tow list,
the towing charge and storage charge per vehicle shall not exceed
those charges as set forth in the following fee schedule.
[Amended 7-19-2022 by Ord. No. 32-2022]
(2)
Storage of vehicles, per day. (The first day shall be 24 hours
from the time of the tow. Additional days shall be calculated by calendar
day.)
(3)
Additional fees.
(4)
There will be no charge for towing of all non-heavy-duty City
of Millville vehicles within the City of Millville and the County
of Cumberland.
(5)
There shall be no additional charges other than provided herein.
B.
Tow vehicles transporting multiple motor vehicles at one time may
charge the applicable fee for each such vehicle transported.
C.
The towing rates shall be calculated based on the total distance
traveled from the point of tow to the tow operator's base of service
by way of the shortest available route. Fractions may be rounded up
to the nearest whole mile.
D.
The City Clerk shall make available to the public, during normal
business hours, a copy of this article and the fee schedule of licensed
towing operators.
E.
There shall be no additional charges other than those provided in
the fee schedule.
A.
The City Clerk and the Millville Police Department shall be responsible
for the enforcement of the provisions of this article.
B.
Abandoned vehicles.
(1)
The City of Millville Police Department may authorize the towing
and storage of motor vehicles located on public streets or public
property which are unregistered, abandoned or illegally parked or
which are permitted to be towed and stored pursuant to state statute
or state regulations.
C.
A tow operator shall not tow motor vehicles located in the public
right-of-way or on private property unless authorized to do so by
the owner of the vehicle or by the Police Department. This article,
however, does not preclude a towing operator licensed by the City
or state from towing motor vehicles located on private property in
accordance with state licensure privileges.
D.
Motor vehicles which remain unclaimed by the owner or other person
having legal right thereto shall be disposed of pursuant to the applicable
provisions of Title 39 of the New Jersey Statutes. The last known
owner of an abandoned vehicle, or the owner of the property from which
an abandoned vehicle is removed, shall be responsible for all towing
fees or charges, storage fees or charges, road service fees or charges,
and any other fees permitted by law.
E.
The Millville Police Department may make periodic inspections of
facilities, equipment and service and, upon request, shall be provided
full access to equipment or property. Such inspections shall be made
quarterly, semiannually, or annually, as determined by the applicable
City official, but in no case shall such inspections be made less
than annually.
F.
The towing operator shall notify the vehicle owner, by written form
acknowledged by the owner at the time of the tow, or by certified
mail within three days of the tow, of towing and storage fees and
removal of the vehicle. It shall be the responsibility of the towing
operator to obtain all information regarding the vehicle owner at
the time of the tow.
G.
Storage by Police Department.
(1)
The Police Department shall have the right to store at its own
facilities motor vehicles towed at its direction or confiscated in
suspected crimes. All licensed towing operators shall extend storage
to the City of Millville Police Department and, if so requested, shall
provide separate storage space for exclusive use of the Police Department.
(2)
Abandoned vehicles or vehicles confiscated by the Police Department
are to be stored as authorized by the Police Department to assure
protection of the vehicle and to provide security of said vehicle
until appropriately disposed of by the Police Department.
(3)
The towing operator shall not release a designated police hold
vehicle without the proper release form approval from the Millville
Police Department.
H.
All towing operators shall provide adequate public posting of charges
at their primary place of business and storage facility.
I.
Towing operators shall not pile vehicles or park towed vehicles on
public streets or sidewalks.
J.
All towing operators shall maintain a record of each motor vehicle
towed, stored and released and of all services rendered, which records
shall be maintained at one central location and retained for a period
of not less than five years.
K.
Discharged petroleum or hazardous substances. Pursuant to the Spill
Compensation and Control Act, including N.J.S.A. 58:10-23.11g, Subdivision
c, any person in any way responsible for a discharge of petroleum
or hazardous substances shall be strictly liable, jointly and severally,
without regard to fault, for all costs of cleanup and removal of the
discharge from the public right-of-way and private property within
the area of the spill. The tow operator and/or facility owner shall
be responsible for the cleanup and removal of any spill or discharge
of petroleum or hazardous substances at its storage facility. The
facility owner may choose to take action against the vehicle owner
for the cost of such cleanup and removal. The responsible party shall
contact the NJDEP Action Line to report any spills or leaks as required
by N.J.S.A. 58:10-23.11e.
L.
This article is not intended to regulate or set fees for nonbasic
towing services or the towing or storage of trucks and buses. Such
service, if requested, shall be billed at reasonable prevailing rates.
The towing contractor shall submit a list of fees in advance for nonbasic
towing to the City Clerk, who shall have the sole discretion in determining
reasonable prevailing rates.
