[HISTORY: Adopted by the Township Council
of the Township of Monroe 12-1-1971 by Ord. No. O-17-71; amended in its entirety 10-10-2016 by Ord. No.
O:30-2016. Subsequent amendments noted where applicable.]
As used in this chapter, these terms shall be defined as follows:
A vehicle the owner or operator leaves on a public roadway,
and the owner or operator fails to notify the police and does not
attempt to repair and remove the same within a reasonable amount of
time.
A one-time fee, per vehicle, for the purpose of compensating
the license for inspecting the vehicle, allowing owners to retrieve
personal property from the vehicle, and for the preparation of additional
paperwork beyond the initial towing bill.
[Amended 4-24-2019 by Ord. No. O:11-2019]
The removal and transportation of a vehicle from a highway,
street or other public or private road, parking area or from a storage
facility using one appropriate tow vehicle, but does not include recovery
of a vehicle from a position beyond the right-of-way or berm or recovery
of a vehicle that is impaled upon any other object within the right-of-way
or berm.
[Amended 4-28-2021 by Ord. No. O:07-2021]
A vehicle which has been abandoned, disabled, impounded or
otherwise rendered inoperable as a result of a mechanical failure,
involvement in an accident or which is required to be removed by the
police for any other reason. A vehicle, the location of which constitutes
a hazard to the motoring public, shall be deemed disabled for the
purposes of this chapter.
The act of storing and confining a vehicle upon an order
of the Police Department at either the towing operator's storage facility
or at the Police Department impound location as a result of abandonment,
involvement in an accident or suspected criminal activity.[1]
The additional work done at the scene by the tow truck operator
that is beyond that which is required to perform a basic tow or any
additional manpower needed to complete a recovery, winching or towing
of a vehicle. Labor charges for additional manpower shall be based
on a per man, per hour basis authorized by the Chief of Police or
his designee.
[Amended 4-28-2021 by Ord. No. O:07-2021]
A vehicle leased by the towing operator, through a leasing
company, and showing the licensee on the registration as the owner
or lessee. If the registration is such that the lessee is not listed,
the towing operator will be required to show the lease agreement.
A car carrier of the roll-back or tilt type, with dual wheels,
capable of removing the transporting passenger cars damage free shall
meet the following minimum requirements as set forth in the New Jersey
State Police Guidelines and Minimal Requirements for Vehicular Towing.
Light-duty flatbeds shall meet the same requirement as a light-duty
wrecker, plus the following requirements:
Commercially manufactured flatbed and chassis of 24,500 pounds
GVWR minimum.
Twenty one feet or longer hydraulically operated slide back
or tilt bed with wheel lift of 3,000 pounds.
Three-eighths-inch by 50 foot cable or OEM specifications.
Four safety chains, 5/16 inch by eight-foot-high test minimum
(Grade 70).
One bridle chain high test with "J" and T" hooks and grab hooks
(Grade 70).
One four-ton snatch block.
Light-duty flatbeds shall have the following equipment as specified
by the Township.
Environmentally safe drying compound, minimum of 80 pounds.
A tow truck with dual rear wheels, capable of removing and transporting
passenger vehicles damage-free and shall meet the following minimum
requirements as set forth in the New Jersey State Police Application
and Minimal Requirements for Vehicular Towing:
Minimum gross vehicle weight (GVW) commercially manufactured
wrecker and chassis of 14,500 pounds.
Dual rear wheels.
Minimum chassis/lift under reach of 3,000 pounds.
Minimum winch capacity of 8,000 pounds.
Hydraulic-operated boom of 8,000 pounds, minimum.
Cable size and length, 3/8 inch and 100 feet or OEM specifications
minimum.
Two safety chains, 5/16 inch by eight-foot-high test (Grade
70).
Two tow chains, 5/16 inch by eight-foot-high test with "J" and
"T" hooks and grab hooks (Grade 70).
Wheel lift safety straps or equivalent retention device.
One four-ton snatch block.
Trailer ball hitch attachment.
Motorcycle towing equipment. (The licensed tower shall have
one within the tower's fleet).
Amber emergency lights with proper permit.
Two flood lights or work lights to the rear of the wrecker.
Flashlight, first aid kit, fire extinguisher.
Broom, shovel and bucket.
Road flares, triangles or road cones.
Light-duty wreckers shall also have the following equipment
as specified by the Township:
Environmentally safe drying compound, minimum of 80 pounds.
The towing and/or removal of a vehicle with registered gross
weight of 14,000 pounds or less.
A person, firm, corporation, company, or partnership that
owns and/or operates a vehicle on the roads and highways within the
Township of Monroe, which vehicle by reason of being abandoned, disabled
or unlawfully on said roads, requires towing services.
As set forth in § 262-14 of this chapter, the personal property of the vehicle owner or operator that, if removed from the vehicle, does not detract from the salvageable value of the vehicle.
Inside storage space to accommodate two full-size vehicles
with video surveillance (twenty-four-hour) with backup system that
is capable to record for two weeks.
A storage facility that is secured by a permanent fence,
or wall that is at least six feet in height on all four sides. The
fence must be an approved structure and in accordance with all building
codes and must be screened via a solid fence, slats, masonry wall
or a wrap with a 70% rating.
[1]
Editor’s Note: The former definition of “inside
building vehicle storage facility,” which immediately followed
this definition, was repealed 3-27-2017 by Ord. No. O:16-2017.
No towing operator shall operate within the Township of Monroe
without being officially licensed in accordance with this chapter.
Specifically exempted from this licensing requirement are:
A.
At the time of the initial licensing period a maximum of seven licenses shall be issued. The license holders who are currently on the list shall remain on said list at the time of the implementation of this recently adopted ordinance until the licensing period set forth in § 262-3B so long as they adhere to all of the requirements of Chapter 262 in its entirety, as amended. If in the event there are more qualified towers than the seven licenses to be issued, a lottery selection shall be conducted to fill the remaining openings on the list for the licensing period.
[Amended 3-27-2017 by Ord. No. O:16-2017; 4-24-2019 by Ord. No. O:11-2019]
B.
Each license shall run for a term of two years, commencing on October
1 and terminating on the 30th day of September of the second year.
[Amended 4-24-2019 by Ord. No. O:11-2019]
C.
Upon expiration or revocation therefore, the license shall be null
and void.
D.
Any license issued by the two-year period is nontransferrable.
E.
All licenses issued pursuant to this chapter shall be retained by
the tower on the list and so long as they remain in continuous compliance
with this chapter.
F.
If in the event a licensed tower is removed from the list for noncompliance,
the rotation shall be adjusted by the Chief of Police or his designee.
The license shall remain vacant during the term of suspension or removal
from the list.
G.
If in the event this chapter is either modified or repealed by the
Township of Monroe during the term of the license which shortens the
length of the term, the towers on the list shall be refunded on a
pro rata basis.
[Amended 4-24-2019 by Ord. No. O:11-2019]
To be eligible for a license, towers must meet or exceed the
following standards:
A.
Equipment. No license shall be issued to a towing operator that does
not possess and use the following equipment, which shall be periodically
inspected by the Chief of Police or the Chief's designee prior to
issuance.
(1)
Fleet requirements. Towers must have operational and in service a minimum of two service vehicles, including one light-duty wrecker, and one light-duty flatbed as defined in this chapter. If in the event a tower does not have one light duty wrecker as defined in § 262-1, they may substitute for this vehicle a light-duty flatbed with the same requirements as set forth in § 262-1; however, it need not be a minimum of 21 feet in length and is only required to have a minimum of 14,500 GVW.
(a)
Compliance with state and federal DOT requirements governing
commercial motor vehicles.
(b)
Vehicle manufacturer serial plate rating legible and visible
for inspection on undercarriage and chassis boom or certified by manufacturer's
rating paperwork.
(c)
Amber emergency lights with proper amber light permit from the
State of New Jersey.
(2)
Light-duty fleet requirements. In addition to the required capacity
as set forth herein, towers must have operational and in service a
minimum of two trucks, consisting of one flatbed and a light-duty
wrecker, which must meet or exceed the following requirements:
(a)
Light-duty wrecker; as defined in § 262-1.
[1]
GVWR minimum, commercially manufactured wrecker and chassis:
14,500 pounds.
[Amended 4-24-2019 by Ord. No. O:11-2019]
[2]
Dual rear wheels.
[3]
Minimum wheel lift capacity: 3,000 pounds.
[4]
Minimum winch capacity: 8,000 pounds.
[5]
Minimum hydraulic boom capacity: 8,000 pounds.
[6]
Vehicle manufacturer serial plate legible and visible for inspection
on undercarriage and chassis boom or certified by manufacturer's rating
paperwork.
[7]
Amber emergency lights, with proper amber light permit from
the State of New Jersey.
[8]
Two flood or work lights at rear of wrecker.
[9]
Two-way radio or cellular phone.
[10]
Flashlight, fire extinguisher, and first aid kit.
[11]
Broom, shovel and bucket.
[12]
Road flares, triangles, or road cones.
[13]
One four-ton block.
(b)
Flatbeds:
[1]
GVWR minimum commercially manufactured flatbed and chassis of
24,500 pounds.
[2]
Vehicle manufacturer serial plate must be legible and visible
for inspection on under reach and chassis or certified by manufacture's
rating paperwork.
[3]
Hydraulically operated slide back or tilt bed: 21 feet or longer.
[4]
Three-eights-inch by fifty-foot cable or OEM specifications.
[5]
Four tie-down devices, either chains at 5/16 inch by eight feet,
with a minimum Grade 70 alloy, or synthetic web straps or equivalent
strength.
[6]
One bridle chain high test with J&T hooks and grab hooks
(grade 70).
[7]
One four-ton snatch block.
B.
"Secured storage facilities" shall mean storage lot or storage area,
and shall mean the location within an eight-mile radius of the Township
of Monroe Police Department located at 125 Virginia Avenue, Williamstown,
New Jersey, as described and defined pursuant to the map as prepared
by the Township Engineer and attached to this chapter,[1] and on a property where such use is in compliance with
all federal, state and local regulations. It shall be the responsibility
of the towing operator to store vehicles that are towed at the direction
of the Police Department in an area dedicated exclusively for the
storage of vehicles that were towed under the provisions of this chapter.
Only Monroe Township Police towed vehicles are permitted within this
dedicated storage area.
[Amended 3-27-2017 by Ord. No. O:16-2017; 4-24-2019 by Ord. No. O:11-2019; 4-28-2021 by Ord. No. O:07-2021]
(1)
Outdoor:
(a)
The size of the storage lot will be at a minimum of storage of 20
vehicles and have adequate capacity to store all towed vehicles as
determined by the Chief of Police. Each storage facility shall not
be utilized by more than one tower on the approved towing list of
the Township and must be available 24/7 during the week you are on
rotation.
(b)
All four sides of the impoundment area must be screened in accordance with the requirements set forth in § 262-1, Definitions, entitled secured outside storage facility, in their entirety; any storage lot that currently does not meet these requirements must be corrected prior to inspection for the new licensing period).
(c)
The impound area must be secure and must be enclosed by a sturdy
six-foot slots/fence or wall with locks on all gates. The towing operator
is responsible for safe storage. The storage area must be illuminated
from dusk to dawn.
(d)
The impound area shall be available to the public for release
of impounded vehicle or personal property during the rotation week
and on Saturday between the hours of 9:00 a.m. and 1:00 p.m. and must
be available on Sunday via telephone between said hours. The tower
shall be required to have on file a mobile telephone number they can
be reached this time.
[1]
Editor's Note: Said map is on file in the Township offices.
C.
Required vehicle operating licenses.
(1)
Drivers must have valid New Jersey drivers' licenses with the proper
commercial endorsements to operate the vehicles and equipment required
hereunder. Said driver must be qualified for the truck he/she is operating.
(2)
Each light-duty driver must obtain a certification from a state or
nationally recognized organization. New hires must obtain certification
within nine months of employment.
(3)
Each operator of a tow truck under this chapter must obtain a certification
from a state or nationally recognized organization. New hires must
obtain certification within nine months of employment. Additionally,
each driver must possess a commercial driver's license (CDL) if said
license is required for the vehicle being operated by the driver and
must also comply with 49 CFR 391.51.
(4)
Any tower and/or his/her employee are required to obtain the necessary
certifications for the tow vehicle they are operating.
D.
Insurance requirements. Towers must present a certificate of insurance
from an insurer authorized to provide insurance in the State of New
Jersey and with an A.M. Best rate of A-/VI or better evidencing the
following coverages. All shall be maintained throughout the license
term:
(1)
Motor vehicle liability insurance: Minimum limit of $1,000,000 per
accident combined single limit for bodily injury and property damage.
Coverage shall include all owned, nonowned and hired vehicles.
(2)
Garage liability insurance: Minimum limit of $1,000,000 per accident
combined single limit for bodily injury and property damage.
(3)
The following shall be included as additional insureds on the policies
for the above stated coverages: Township of Monroe, including all
elected and appointed officials, all employees and volunteers, all
boards, commissions and/or authorities and their board members, employees
and volunteers.
(4)
Coverages stated above are to be primary to the additional insureds,
and shall not be contributing with another insurance or similar policy
available to the additional insureds whether other available insurance
be primary, contributing or excess.
(5)
Workers' compensation insurance: New Jersey statutory limit under
Part A and coverage shall also include employer's liability (Part
B) with a minimum limit of $1,000,000 per accident.
(6)
Garage keepers insurance: Minimum limit of $500,000 per location.
Coverage may be written on legal liability basis.
(7)
On hook towing coverage: Minimum limit of $100,000 per vehicle. In the alternative, the tower may obtain a single limits policy in the amount of $1,000,000 that provides on hook coverage or may provide a garage keeper's policy in the amount of $1,000,000 that includes on hook coverage and will conform with the requirements of this section and § 262-4D(6).
(8)
The vendor is responsible for advising the Township, at least 30
days, prior to any cancellation, nonrenewal or material change in
any of the above stated coverages.
(9)
All licensees shall be required to execute a hold harmless and indemnification
agreement as to the Township of Monroe, and its officers, agents and
employees. Said hold harmless and indemnification agreement shall
require the licensee to hold the Township harmless relating to any
and all towing services and conduct relating to compliance with N.J.S.A.
39:10A-1.
[Amended 4-24-2019 by Ord. No. O:11-2019]
E.
Personnel.
(1)
Towing operators shall have a minimum of two certified drivers.
(2)
Towing operators and employees shall be fully trained and knowledgeable
in the operation of all required equipment, possess in good standing
all of the licenses and certifications required pursuant to § 262-C,
present a neat appearance at all times, obey all traffic safety laws,
and shall not have been convicted of an indictable criminal offense
or any offense involving stolen or embezzled vehicles, fraud relating
to the towing business, stolen property, or any offense of a similar
nature, within the past seven years.
F.
Land use. All facilities and sites utilized for towing operations
and storage, wherever located, must comply with all applicable municipal
zoning regulations, land use approvals, construction permits, and
property maintenance codes. The Zoning Officer is authorized to inspect
any facility utilized herein, at any time.
[Amended 4-24-2019 by Ord. No. O:11-2019]
G.
Location. Towing operators shall be located in a geographic area
that enables a response time within 20 minutes.
[Amended 4-24-2019 by Ord. No. O:11-2019]
H.
Availability. All towing operators during their specified tow rotation
must be available for service on a twenty-four-hour, seven-day-per-week
basis without exception.
I.
In the event that a tower, during their current rotation, is unable
to provide any of the services enumerated herein, based upon the type
of vehicle or the nature of the crash, the Police Officer in charge
of the scene is permitted to contact the next tower on the list. He
or she may continue the process of contacting all licensed towers
on the list pursuant to the rotation. For example, if the accident
requires a heavy duty wrecker to provide towing services, the officer
in charge shall be required to contact all licensed towers on the
list prior to contacting who is not on a list.
J.
Any real property or facility utilized by the tow operator is subject
to access and inspections by a designated Township Official at any
time prior to and during the license period.
A.
To apply for and obtain a towing license, the following fees apply:
(1)
Application fee: $250.
(2)
License fee: $2,000.
(3)
The application fee must be remitted at the time the application
is submitted. The license fee must be remitted within 10 days of date
of the resolution awarding the license. Failure to submit the fee
in its entirety will result in the license not being issued for the
licensing period.
[Amended 4-24-2019 by Ord. No. O:11-2019]
B.
The application fee paid pursuant to this section is not refundable
for any reason. This shall include denial of the application or removal
from the tow list after approval. If application is denied, the license
fee is refundable.
[Amended 4-24-2019 by Ord. No. O:11-2019]
A.
Required information. Applications for towing licenses must provide
the following information:
(1)
Name, address and proof of ownership of an approved motor vehicle
towing and/or a repair facility with the Township of Monroe.
(2)
Current registrations and proof of insurance for each vehicle in the applicant's fleet consistent with § 262-4D.
(3)
(5)
A certificate or certificates of insurance evidencing adequate insurance coverage as required pursuant to § 262-4D.
(6)
For each driver, copies of individual New Jersey Motor Vehicle Commission
drivers' abstracts.
(7)
Written verification that facilities and sites used for towing operations
and storage are in compliance with all applicable zoning regulation,
land use approvals, and property maintenance codes.
[Amended 4-24-2019 by Ord. No. O:11-2019]
(8)
Written verification: All persons, wreckers, individuals, corporations, partnerships, associates, companies or legal entities who qualify pursuant to the terms and conditions of this entire chapter who are further required to maintain a motor vehicle facility, pursuant to §§ 262-6A and 262-6C of this chapter, shall be required to satisfy all real estate taxes, any tax liens and/or tax lien certificates and/or may not be the subject matter of a mortgage foreclosure on all properties owned or leased which are utilized as part of the tow or wrecker business or any related business, prior to the list being established and approved by the Township Council pursuant to § 262-3 of this chapter.
[Amended 4-24-2019 by Ord. No. O:11-2019]
B.
Application deadline. On or before June 1 of the licensing period, the Township Clerk shall provide public notice of the application period. Applications shall be submitted to the attention of the Township Solicitor and filed with the Township Clerk at 125 Virginia Avenue, 2nd floor, Williamstown, NJ 08094, no later than July 15 of the licensing period, subject to Subsection C below. The submission of a late application will not be considered.
[Amended 4-24-2019 by Ord. No. O:11-2019; 4-28-2021 by Ord. No. O:07-2021; 4-11-2023 by Ord. No. O:15-2023]
C.
Upon submission of said application, the Township Solicitor shall
review said application for completeness. If the Township Solicitor
deems the application is deficient, he/she shall notify said applicant
of any deficiency within 14 days of receipt of said application. Thereafter,
said applicant shall have any deficiency in said application cured
within 10 days of the date of said notice. Notice shall be in writing
sent certified and regular mail to the address provided by said applicant.
[2]
Editor's Note: This ordinance also redesignated former Subsection
C as Subsection D.
D.
Police Department review. After the application is deemed complete
pursuant to Paragraph C above, the application shall be forwarded
to the Chief of Police for review. Review by the Chief of Police or
the Chiefs designee shall involve the following:
[Amended 4-24-2019 by Ord. No. O:11-2019]
(1)
Inspection of personnel, vehicles, equipment, and storage areas to
determine the accuracy of information set forth in the application
and compliance with the licensing and eligibility standards set forth
in this chapter and all applicable laws, regulations, and performance
standards.
(2)
The Chief of Police or the Chief's designee shall give written notice to the applicant within 30 days after the application is deemed compliant pursuant to Subsection C above of any and all deficiencies pursuant to Subsection D(1) above. Notice shall be in writing sent certified and regular mail to the address provided by said applicant.
(3)
The applicant shall cure all deficiencies within seven days of the
date of the written notice. Failure to cure the deficiencies as set
forth in the Chief of Police or designee's notice of deficiencies
shall result in denial of application.
A.
Following review, the Chief of Police shall issue a written report
to the Director of Public Safety detailing and recommending approval
or rejection of the applicant based on the criteria set forth in this
chapter.
B.
Upon consideration of the report issued by the Chief of Police, the
Township Council shall award licenses to qualified applicants by resolution.
C.
Applications for towing licenses may be rejected on any or all of
the following grounds:
(1)
Failure to meet or exceed any of the eligibility criteria set forth in any of the provisions of Chapter 262.
(2)
Repeated or egregious violations of the requirements of this chapter
during previous service as a licensed tower for the Township of Monroe.
(3)
Repeated complaints from the general public, substantiated and documented
by the Police Department, of inadequate or unsatisfactory service
or improper or illegal practices during previous service as a licensed
tower for the Township of Monroe.
(4)
Fraudulent or illegal activity of any kind.
In order to assure provision of safe and efficient towing service,
tow licenses pursuant to this chapter shall be issued upon the following
basis:
A.
A towing rotation shall be established on a week to week basis throughout
the Township. This rotation will be calculated and monitored by the
Police Department's CAD system. The rotation for the licensing period
shall be based upon a lottery selection from all of the qualified
towers, which shall be reset by lottery selection every licensing
term.
[Amended 3-27-2017 by Ord. No. O:16-2017]
B.
The number of vendors in the rotation will be determined by the number
of licenses, not to exceed seven, issued pursuant to this chapter.
All towers licensed pursuant to this chapter shall operate in
accordance with the following rules, regulations, and standards of
conduct throughout the license term:
A.
Towing operators and employees shall be fully trained and knowledgeable
in the operation of all required equipment.
B.
Towing operators shall remain in compliance with the eligibility requirements set forth in any of the provisions in Chapter 262.
C.
Towing operators must provide service on a twenty-four-hour, seven-day-per-week
basis during their rotation, without exception.
D.
Towing operators shall immediately notify the Chief of Police or
the Chief's designee of the hiring or termination of tow operator.
E.
Towing operators shall immediately notify the Chief of Police or
the Chief's designee of any employee convicted of a criminal offense
or whose drivers' license is suspended.
F.
All facilities and sites used for towing operations and storage,
wherever located, shall be in continuous compliance with all applicable
municipal zoning regulations, land use approvals, construction permits,
and property maintenance codes.
G.
No towing operator shall solicit or attempt to divert patrons of
another towing operator whether or not licensed under this section.
Also, no towing operator shall solicit or divert prospective patrons
of a given repair service to any other repair service.
H.
Each towing operator, prior to departure from the scene of towing
services, shall remove from the roadway any crash related debris resulting
from any crash at such scene and shall at all times carry the necessary
equipment to perform such cleaning services. No debris shall be permitted
to be placed in the towed vehicle.
I.
No towing operator, licensed under this chapter or otherwise, shall
respond to the scene of an accident except upon the request of the
driver or owner of the vehicles involved or except upon notification
by the channel of communication established by the Police Department
to notify licensed towing operators of the necessity of their presence.
J.
Refusal to tow during the tow rotation shall be reported by the police
officer assigned to the incident to his superior and may be subject
to review by the Chief of Police.
K.
Towing operators shall arrive at the scene to which dispatched within
20 minutes after being dispatched. Under normal circumstances, such
reasonable time limit is defined as within 20 minutes.
L.
Where vehicles are towed to premises controlled by the Police Department
for the purpose of utilizing the vehicle or its contents as evidence
or for other purposes, such vehicle shall not be released from police
custody unless the owner of the vehicle furnishes the Police Department
with a receipt that towing service fees have been paid. In all cases
where cars are to be towed for illegal parking, summonses for such
offenses shall be issued prior to towing.
M.
The towed vehicle shall be released to the tow company that originally
provided the tow and the tow company shall not refuse pick up.
N.
A list of all fees charged to the general public shall be posted
in a conspicuous place inside the towing company's office, and no
other fees shall be charged.
O.
Such additional rules and regulations as may be promulgated by the
Township Council pursuant to ordinance shall take effect after notification
of such rules and regulations upon all the holders of licenses for
towing operators. Service shall be made by forwarding these rules
and regulations by certified mail, return receipt requested, to the
licensee at the address listed in his or her most recent application.
A.
B.
C.
Class III vehicles (GVWR 26,001 pounds or greater).
(1)
Tow, from scene to shop or locations within tow zone of call: $750.
[Amended 4-24-2019 by Ord. No. O:11-2019]
E.
Dolly wheels, $95; brakes, $50 per axle.
F.
Miscellaneous.
(1)
Mileage fee for towing police vehicles or vehicle under investigation
to locations outside of tow zone of call: $4.50 per mile portal to
portal.
(2)
Administrative fee. Immediately upon entry into storage, all vehicles
incur a one-time administrative flat fee of $75. Documentation of
administrative services will be provided upon request.
[Amended 4-24-2019 by Ord. No. O:11-2019]
(3)
Debris cleanup is mandatory (N.J.S.A. 39:4-56.8). Crash only, $50
per person; other fees may apply.
(4)
Township-owned vehicles. All licensed towers agree they will be obligated
to tow, flatbed and provide any basic towing service, including, but
not limited to, tire change, battery charge and the like, for Township-owned
vehicles under a GVWR of 10,000 pounds or less at no charge. Towing
services for Township vehicles 10,001 to 16,000 pounds GVWR shall
be subject to a fee of $175. Towing services for Township vehicles
16,001 to 80,000 pounds GVWR shall be subject to a fee of $425 per
hour. Township vehicles located outside of the Township of Monroe
shall be subject to the fees established for Class I vehicles plus
mileage ($4.50 per mile, portal to portal).
[Amended 4-24-2019 by Ord. No. O:11-2019; 4-28-2021 by Ord. No. O:07-2021; 10-25-2021 by Ord. No. O:20-2021]
G.
Maximum
storage fee. If any vehicle is required by local, county or state
police to be held for further investigation and/or court proceedings,
etc., a maximum of 30 days of storage is permitted at the fees listed
in this section. After 30 days, the daily storage fee will be charged
at $3 per day until the Township receives notice that the vehicle
may be released from the appropriate police and/or law enforcement
agency. No storage fees shall be imposed for any day the yard is closed,
such as Sundays or holidays.
[Added 4-28-2021 by Ord. No. O:07-2021]
A.
The Police Department generally, and the Chief of Police particularly,
are hereby designated as the supervising authorities to enforce the
provisions of this chapter.
B.
The Chief of Police or his designee shall have the responsibility
to periodically inspect each licensed towing operator, the towing
contractors' vehicles, tow yard and tow invoices to ensure compliance
with the requirements of this chapter.
[Amended 4-28-2021 by Ord. No. O:07-2021]
C.
The Department shall maintain a log of all complaints from the general
public pertaining to towing operators licensed pursuant to this chapter.
D.
The Police Department may issue a summons for any violation of this
chapter, which shall be heard in the Monroe Township Municipal Court.
A.
Suspension. The Chief of Police or designated administrator is hereby
empowered to temporarily suspend for cause any towing operator's license
and rights to operate thereunder.
(1)
Grounds for suspension. Violations of any provisions of this chapter,
any other applicable law, regulation, or Township ordinance, illegal,
improper, or fraudulent activity, or substandard performance or service
shall constitute grounds for suspension. The following progressive
discipline shall apply in the event of a suspension:
(a)
First offense, which consists of a finding of two violations
of this chapter within the current licensing period shall constitute
a first offense and loss of one full rotation:
(b)
A second offense, which consists of a finding of violations of at least three or more sections of this chapter shall constitute a second offense and a loss of two weeks rotation. The three violations for this section shall include the two violations from Subsection A(1)(a) plus one additional violation;
(c)
Third offense shall include a consolidation of the violation
of A and B plus one with removal from the list for the remainder of
the licensing period; and
(2)
Procedure for suspension. Upon a determination that appropriate grounds exist and that suspension is warranted, the Chief of Police shall issue written notice thereof to the offending tower. The notice shall advise of the suspension, state the basis and duration thereof, establish the conditions for reinstatement, and inform the offending tower of the right to appeal the suspension in accordance with § 262-13.
(3)
Consequences of suspension. Suspended towers must immediately cease
all towing operations for the Township until reinstatement.
(4)
Reinstatement. Suspended towers may be reinstated only after the
violations leading to the suspension have, in the determination of
the Chief of Police or the Chief's designee, been cured or appropriately
rectified.
B.
Revocation. Towing licenses may be revoked by resolution of the Township
Council upon written recommendation from the Chief of Police that
a licensed tower is no longer qualified, capable, or competent to
serve based on the requirements of this chapter.
(1)
Grounds for revocation. Repeated or egregious violations of any provisions
of this chapter, any other applicable law, regulation, or Township
ordinance, illegal, improper, or fraudulent activity, or substandard
performance or service shall constitute grounds for suspension.
(2)
Procedure for revocation. Upon a determination that appropriate grounds exist and that revocation is warranted, the Chief of Police shall so report to the Township Council in writing. If the Township Council agrees that revocation is appropriate, it shall adopt a resolution to that effect, which shall state the basis for revocation. The Chief of Police shall thereafter provide written notice thereof, along with a copy of the resolution, to the offending tower. The notice shall advise the tower of the right to appeal the revocation in accordance with § 262-13.
(3)
Consequences of revocation. Following revocation, towers must immediately
and indefinitely cease all towing operations for the Township.
A.
Right to appeal. The rejection of a towing application submitted,
or suspension or revocation of a towing license issued, pursuant to
this chapter may be appealed to the Director of Public Safety.
B.
Time for appeal. Appeals must be filed not later than 10 business
days from the date of notice of the rejection, suspension, or revocation
challenged.
C.
Procedure for appeal. Requests for an appeal must be timely submitted
in writing to the Chief of Police who will immediately turn it over
to the Director of Public Safety. The request must clearly identify
the action challenged and include a statement of reasons in support
of reversal. The appeal may be decided on the written record or a
formal hearing may be conducted, which must be specifically requested.
Upon receiving such a request, the Director of Public Safety shall,
within reasonable time, schedule a mutually agreeable date for a hearing.
D.
Conduct of hearing. The hearing authorized by this section shall
be conducted before the Director of Public Safety.
E.
Disposition of appeal. After reviewing the aggrieved tower's written
submissions and the record of the formal hearing, if any, the Director
of Public Safety shall issue a written decision upholding, reversing,
or modifying the original determination with five days of notification
under this section.
(1)
If the Director of Public Safety recommends a reversal of a rejection
or revocation, its decision shall be forwarded to the Township Council
which, if in agreement, shall adopt a resolution to that effect. Notice
of the reversal, together with a copy of the Director of Public Safety's
decision and Township Council resolution shall be sent to the aggrieved
party.
(2)
If the Director of Public Safety recommends reversal or modification
of a suspension, it shall so notify the aggrieved party. The notice
shall include a copy of the Director of Public Safety's decision and
state the conditions for reinstatement, if any.
(3)
If the original determination is upheld, the Director of Public Safety
shall so notify the aggrieved party and provide a copy of its written
decision.
[Amended 4-24-2019 by Ord. No. O:11-2019]
All complaints regarding services rendered pursuant to this
chapter shall be forwarded immediately in writing to the Chief of
Police. The Chief of Police shall conduct an extensive review of any
and all complaints, including but not limited to conducting an interview
of all parties participating in said incident. Upon completion of
a thorough review, the Chief of Police shall forward a written report
to the Mayor, Township Council and all interested parties as to his/her
findings. Upon a finding of any violation, the Chief of Police may
recommend a suspension or removal from the tow list, or any other
action that may be warranted based upon the facts. An applicant shall
be advised in writing of its right to a hearing before the Township
Council.
A.
Any disputes over the interpretation of this chapter, including the
reasonableness of any fees assessed, shall be settled amicably, if
possible through negotiation between the tower and the Chief of Police
or his designee.
B.
In cases where the Township has been at fault in wrongfully directing
that a vehicle be towed, the tower may petition the Chief of Police
or his designee for reimbursement of costs incurred in the towing
and storage of said vehicle.
[Amended 1-23-2017 by Ord. No. O:01-2017; 4-24-2019 by Ord. No. O:11-2019]
A.
Any tower taking possession of an abandoned or unclaimed motor vehicle
on behalf of Monroe Township shall comply with N.J.S.A. 39:10A-1 and
any and all applicable laws. The Township reserves the right to utilize
the services of a third-party administrator to handle the sale and/or
disposal of abandoned or unclaimed vehicles consistent with all applicable
state statutes and this chapter.
B.
If the Township of Monroe takes ownership of a towed vehicle(s),
the fees paid to the tow company shall consist only of the cost of
the tow services requested and the storage as permitted under N.J.S.A.
40:48-2.50. No additional charges will be paid, including, but not
limited to, additional vehicle services not specifically request by
the Police Department or administrative fees.
[Amended 4-28-2021 by Ord. No. O:07-2021]
A.
All ordinances or parts of ordinances of the Township of Monroe heretofore
adopted that are inconsistent with any of the terms and provisions
of this chapter are hereby repealed to the extent of the inconsistency.
A.
The initial series of licenses issued pursuant to this chapter shall commence on October 1 and run through September 30. Subsequent licenses shall be issued for successive two-year periods. All complete applications for the initial licensing period for the adoption of this new chapter and thereafter shall be no later than July 15 of the licensing period subject to the grace period under § 262-6C. Any license issued pursuant to the license period of July 1, 2017 through June 30, 2019, shall be extended through September 30, 2019.
[Amended 1-23-2017 by Ord. No. O:01-2017; 4-24-2019 by Ord. No. O:11-2019]
B.
The current towing list and rotation shall remain in full force and
effect until this chapter takes effect.
C.
Applications shall be reviewed and licenses issued to qualified towers
in accordance with the provisions of this chapter. Applicants who
applied previously under the prior ordinance and paid the required
fee may resubmit without paying additional application fees.
D.
Successful applicants must pay the license fees required by this
chapter.
[Added 4-24-2019 by Ord.
No. O:11-2019]
A.
Each licensed tower operating pursuant to this chapter shall comply
with any and all federal and state laws along with local ordinances.
