[HISTORY: Adopted by the Township Council of the Township
of Denville by Ord. No. 26-99 (Ch.
3, Sec. 3-19, of the 1978 Revised General Ordinances). Amendments
noted where applicable.]
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
A private passenger automobile, station wagon, van, sport
utility vehicle, or pickup truck up to and including one-half ton.
The removal and transportation 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 that has left the roadway
and does not include any additional labor required to clean up the
scene.
From 8:00 a.m. until 5:00 p.m., prevailing time.
A vehicle storage 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.
A motorcycle, motor bike, or bicycle with motor attached
and any other motor operated vehicle similar to a bicycle or tricycle,
including all-terrain vehicles.
From 5:00 p.m. until 8:00 a.m., prevailing time.
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is equipped with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
The 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. It shall also include the recovery
of a vehicle which is overturned or on its side.
A vehicle equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by its manufacturer for the removal and transport of private passenger
automobiles.
Any motor vehicle other than an automobile as defined above
and which requires medium duty or heavy duty towing.
Moving a vehicle by use of the cable or winch from a position
that is not accessible for direct hookup by conventional means of
loading onto a tow vehicle. It shall not include pulling a motor vehicle
onto a tilt bed or car carrier or lifting a vehicle with a conventional
tow sling.
The removal of the vehicle from the towing operator's
storage yard for the benefit of another towing operator who is taking
the vehicle from the storage site and whose tow vehicle is physically
unable to gain access to the vehicle while it is inside the storage
yard.
[Amended by Ord. No. 11-04]
A.
Removal of motor vehicles. Whenever a police officer orders the removal of an automobile from private or public property, the officer shall utilize the rotation lists established in Subsection B.
B.
Towing operators. Every three years the Township Council shall establish
by resolution a list of automobile/light truck towing operators and
a list of heavy duty truck towing operators to be utilized by the
Police Department on a rotating basis. An operator may, if qualified,
be on both lists. Such lists shall be utilized by members of the Police
Department on a nonexclusionary and nondiscriminatory basis. Only
those towing operators who meet the minimum standards of operator
performance set forth in this chapter shall be included on such lists.
There shall be no limit on the number of operators on either list.
Operators may be added to the list at any time.
(1)
Application. Each owner of a towing service that applies to be a
towing operator for the Police Department must execute the Authorization
by Subject of Request and Privacy Act Notification area of Form SBI-212A
(Request for Criminal History Record Information for a Non-criminal
Justice Purpose) and submit to a criminal background investigation
pursuant to N.J.S.A. 53:1-20.5 et seq. This investigation shall include
disclosure of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed. Additionally, the Chief of Police shall also cause the applicant
to be fingerprinted for the purpose of a criminal history check. All
applicants must submit a cashier's check, certified check or
money order drawn on a United States bank in the amount of the prevailing
rate, payable to the Division of State Police - SBI for the criminal
history search. If the applicant is a corporation, then this requirement
shall apply to the officers of the corporation. As a result of such
investigation, the Chief of Police shall note, in writing, his recommendation
and his reasons therefor to the Township Clerk. The Township Clerk
shall present the completed application, along with the recommendation
from the Chief of Police as to whether the application shall issue,
at the next regularly scheduled public meeting. If the Township Council
so directs, the Township Clerk shall approve the application.
(2)
Equipment. All towing operators shall meet the following requirements:
(a)
For classification as an automobile and light trucking towing
service, the operator must possess at least one flatbed-style tow
vehicle, one hoist-type tow vehicle with a sling and wheel lift, and
one heavy/medium duty tow vehicle capable of towing a minimum of 20,000
pounds, with wheel lift capability.
(b)
For classification as a heavy duty truck towing service, the
operator must have at least one heavy duty tow vehicle capable of
towing a fully loaded tractor-trailer weighing 80,000 pounds.
(d)
All towing vehicles must have amber emergency warning lights
mounted on the vehicle as to warn approaching traffic of their presence.
The size and location of these lights must conform to New Jersey Division
of Motor Vehicle standards. The operator must have an amber light
permit.
(e)
All towing vehicles must carry a copy of the rate schedule established
by the Township. Said schedule must also be displayed in a conspicuous
manner at the operator's place of business.
(3)
Facilities. Each operator must have a storage lot and place of business within two miles of Denville Township Police Headquarters. The towing business and storage lot must comply with all zoning ordinances and regulations in the municipality in which they are located. The facility must have a waiting area and a rest room. The facility must be an inside building facility, outside secured facility or outside unsecured facility as defined in § 530-1 and must adequately and reasonably provide for the security of all vehicles towed to the facility. All outside unsecured facilities must be lighted at night and must furnish the Township with a statement as to how the facility insures the security of the vehicles absent the typical security features of an outside secured facility.
(4)
Availability and response time. Each operator must be available 24
hours a day, seven days a week, and must respond within 20 minutes
during daytime hours and 30 minutes during nighttime hours of the
original telephone call request by the Police Department.
A.
Fees established.
(1)
Automobiles and motorcycles. The fee schedule for towing services
and storage shall be established by the Township Council by resolution.
(2)
Trucks. Towing operators shall charge reasonable fees for towing
trucks, taking into account the size of the vehicle being towed, the
time of day and day of the week and difficulty of the towing operation.
Each operator on the list shall promulgate a fee schedule and file
copies of that schedule with the Police Chief and the Township Clerk.
Each of these schedules shall be available for public inspection at
the office of the Township Clerk during normal business hours.
[Amended by Ord. No. 34-99]
A.
Release of impounded vehicles. No impounded vehicle is to be released
without proper authorization from the Police Department. Vehicle release
arrangements must be available from the hours of 8:00 a.m. to 5:00
p.m., Monday through Friday (excluding New Jersey State holidays),
and Saturdays by appointment. The Township shall supply junk titles
or good titles for abandoned vehicles in accordance with the provisions
of N.J.S.A. 39:10A-1 et seq.
B.
Insurance; indemnity.
(1)
Each operator on the approved lists shall furnish the Township Clerk
with a certificate of insurance from an insurance company satisfactory
to the Township. Each certificate of insurance shall identify the
coverage provided and shall provide that such insurance shall not
be changed or canceled without giving 10 days' prior written
notice to the Township by certified mail, return receipt requested.
Specific reference to the rotating lists of towing operators shall
be made on all policies of insurance.
(2)
Each operator must have bodily injury liability, property damage
liability, employer's liability, motor vehicle liability, and
garage keepers liability coverage with combined policy limits of $1,000,000.
Each approved operator must also have statutorily required workers'
compensation coverage.
(3)
Each operator shall indemnify and save the Township harmless from
all damages and claims for damages which may be made by any person
for bodily injury or property damages resulting from the operator's
performance.
C.
Enforcement. The Police Department is designated to enforce the provisions
of this chapter in accordance with due process of law. In carrying
out the provisions of this chapter, the Police Chief is hereby authorized
to adopt additional reasonable regulations which are not inconsistent
with this chapter.
D.
Abandoned or unclaimed vehicles.
(1)
Any vehicle which is not claimed by the owner within 20 business
days of impoundment shall be reported by the operator storing the
vehicle to the Police Department, pursuant to N.J.S.A. 39:10A-1 through
39:10A-7.
(2)
After expiration of 20 business days, the Police Department shall
make application for title to the Division of Motor Vehicles. Vehicles
which remain unclaimed after all requirements of the general orders
are met shall be auctioned off to recover towing costs pursuant to
N.J.S.A. 39:10A-1 through 39:10A-7.
(3)
Any operator found to be disposing of vehicles in violation of this
procedure will be charged with misapplication of entrusted property
(N.J.S.A. 2C:21-15) and will be prohibited from providing service
to the Township.
E.
Rights of owners.
(1)
The owner of any vehicle towed shall have the right to remove property
belonging to him or her from the stored vehicle unless a "police hold"
is marked on the towing form.
(2)
The vehicle owner or his or her representative shall have the right
to take photographs of stored vehicles during normal business hours.
F.
Public inspection. This chapter, all regulations adopted by the Police
Chief, and the fee schedules of individual tow operators, shall be
available to the public during normal business hours.
G.
Operator dealings with public.
(1)
The operator shall always act in a professional manner and at all
times be courteous and respectful toward members of the public, as
well as representatives of the Township. If members of the public,
especially those whose cars may have been towed or impounded, resort
to strong language, threats and unbecoming behavior toward the operator,
the operator is expected to exercise restraint and not to respond
in kind and thereby reflect unfavorably on the Township and/or the
Police Department.
(2)
Repeated reports of discourteous behavior by the operator, which can be substantiated and documented, may be considered by the Township as sufficient cause for removal of the operator from the rotational list of automobile towing operators and truck towing operators as established consistent with § 530-2B.
A.
Complaint and hearing. The governing body shall have the right to
suspend or revoke any towing privileges issued pursuant to this chapter
for good cause upon written complaint of the Police Chief. In the
event a towing operator fails or refuses to retain the proper equipment,
personnel or facilities necessary to perform the services required
for towing operators, or that the services performed are not satisfactory
or violate any provision of this chapter, rule or regulation duly
adopted, the Police Chief shall file a written complaint with the
governing body that there is probable cause for revocation or suspension.
Written notice of such complaint and the basis of the complaint shall
be given to the towing operator and said operator shall be entitled
to a hearing before the governing body prior to final determination
of the complaint by the governing body.
B.
Penalties.
(1)
Any operator who violates any section of this chapter, in addition
to any other penalties provided by law, shall be subject to suspension
of towing privileges for one month for a first offense, three months
for a second offense, and six months for a third offense. If the operator
commits a fourth offense, its right to provide towing services to
the Township shall be permanently revoked, and the towing operator
shall be removed from the list of approved operators.
(2)
Any operator who violates the operator rate schedule shall receive
a fine of $250 and suspension of towing privileges for one month.
A second violation will result in a fine of $400 and suspension of
towing privileges for six months. A third violation will result in
a fine of $500 and permanent revocation of towing privileges.
(3)
In all cases, if an operator overcharges a vehicle owner, the excess
moneys paid shall be returned by the operator to the owner within
10 business days.
(4)
A towing operator may be removed from the list adopted pursuant to § 530-2B, by resolution of the Township Council, if its performance is determined to be unreliable or inadequate. If there is a breach of any of the provisions of this chapter or applicable regulations, an operator may be removed from the list by the Chief of Police pending action by the Township Council.
