[HISTORY: Adopted by the Township Council
of the Township of Maple Shade 2-4-1998 by Ord. No. 1998-2; amended in its entirety 5-11-2017 by Ord. No. 2017-06. Subsequent amendments noted where applicable.]
It is the purpose of this chapter:
A.
To establish criteria and procedures for the licensing of tow operators
providing municipal towing services.
B.
To establish, in the interest of public safety a uniform policy for
the towing and storage of motor vehicles by tow operators on the official
tow list (OTL) pursuant to requests of the Township Police Department.
C.
To establish uniform fees for the towing and storage of vehicles.
As used in this chapter, the following terms shall have the
meanings indicated:
A private passenger motor vehicle or any vehicle included
in the definition of "automobile" under N.J.A.C. 11:3-2.2.
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 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.
A tow which, based the weight of the vehicle being over 30,000
pounds gross vehicle weight, or the vehicle's size or special
characteristics, requires the use of special equipment greater than
that used by a basic towing service.
A tow operator licensed hereunder.
An occurrence in which a private passenger automobile comes
in contact with any other object, including pedestrians, for which
the private passenger automobile must be towed or removed from the
scene thereof.
The Maple Shade Township Police Department State Police,
or Sheriff's Departments or such other law enforcement unit that
may have jurisdiction upon the roadways within the Township.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
An automobile storage facility, including an office staffed
during the hours of 8:00 a.m. to 6:00 p.m. with on-call access 24
hours per day, that is secured by a fence, wall or other man-made
barrier that is at least six feet high, with a locked entrance. The
facility is to be lighted at night. The Police Department shall have
twenty-four-hour access to the facility.
A person, corporation or other form of business entity engaged
in the business of providing basic or heavy-duty tow service to the
public and providing storage facilities for vehicles towed.
The towing operator's principal place of business where
the tow trucks are stationed when not in use.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles
and any other vehicle, including flatbed vehicles, employed for the
purpose of removing and/or transporting motor vehicles which are unable
to be operated under their own power.
The Township Manager of the Township of Maple Shade, or his
or her designee.
The act of a tow operator utilizing heavy-duty cables or
chains to return a vehicle from a berm, ditch or other location off
of the right-of-way so that the vehicle may be properly towed. The
term shall not include the pulling of a vehicle onto a tilt bed carrier
or lifting a motor vehicle with a conventional tow sling.
No person shall engage in the business of towing and storage
of vehicles at the direction of the police without first obtaining
a tow operator's license. Nothing herein shall require licensing
for the rendering of road service or for the provision of towing and
storage services within the Township other than at the request of
the police.
A.
Every applicant for a license shall complete, sign and verify a written
application in the manner and on forms furnished by the Township Clerk,
and if no forms are made available, the information shall be furnished
on the tow operator's letterhead. The application shall include:
(1)
The full name, business address, residential address and telephone
numbers (cell phone, residence and business numbers) of the towing
operator and principal owners thereof.
(2)
A roster of tow vehicles by year, make and type of each tow vehicle
and proof that each vehicle is duly registered and inspected by the
State of New Jersey Division of Motor Vehicles as a tow vehicle. An
applicant must have at least two tow vehicles available for use in
the towing of vehicles as authorized by the police.
(3)
The address where the tow vehicles shall be regularly garaged; the
telephone number or numbers and the hours during which service is
available at those numbers.
(4)
A roster of employees (by name and address). That list shall be accompanied
by a certified driver's abstract of each identified employee.
Said abstract shall be issued by the New Jersey Division of Motor
Vehicles within the 60 days prior to the submission of the application.
Proof that all employees have current certification as Level 3 TRAA
or Level 6/7 WreckMaster shall be included.
(5)
The location, size, number of storage parking spaces and security
features of the storage facility on which towed vehicles will be stored.
(6)
The name and address of insurance carriers and the policy numbers
of all required insurance policies. Specific insurance requirements
are set forth below.
(7)
Proof of registration with the New Jersey Division of Consumer Affairs.
(8)
A copy of the business registration certificate issued by the State
of New Jersey, affirmative action certification and stockholder's
certification (if applicable).
(9)
A current fee schedule recognizing the maximum fees permitted by
this chapter.
(10)
A certification 1) that on-call towing and storage services
will be available 24 hours per day, every day of the year; 2) that
the applicant is capable of performing basic and heavy-duty tows;
and 3) that the applicant will comply with the fees and procedures
contained in or referenced in this chapter.
(11)
The application shall be accompanied by the following supporting
documentation:
(a)
Zoning certification (issued by the Municipal Zoning Officer/Construction
Official of the municipality where the towing facility is located)
and the fire subcode certification (issued by the Fire Official) that
the property and structures comply with all approvals. Both certifications
shall be issued within the 60 days prior to the application's
submittal. Any applicant with outstanding zoning and/or construction
code violations will be automatically denied an application if the
same is not cured within 30 days' notice from the Township official.
If the Zoning Officer or Fire Official has not responded to the request,
the applicant may submit proof that the applicant has requested such
approval in lieu of the actual approval.
(b)
A deed of ownership or lease agreement for storage locations.
All lease agreements shall cover, at minimum, the entire two-year
term of the contract, plus one month.
(c)
A site plan depicting the location of the storage area, the
number of vehicles that can be stored inside and outside and the total
square footage of the area.
(12)
Such other information as the Township Manager or Chief of Police
of the Township may reasonably prescribe.
B.
All applications shall be accompanied by a nonrefundable application
fee of $250.
A.
The Township Clerk shall forward all complete applications to the
Chief or his/her designee, who shall conduct an investigation to determine
the following:
(1)
The truth and accuracy of all information contained in the application.
(2)
Whether the applicant and all individuals identified on the roster
of employees are of good moral character and meet the general standards
of this chapter, as hereinafter set forth. The applicant shall authorize
a personal background check, commercial, credit and personal references
and such other investigative checks as the Chief of Police or his/her
designee may require.
(3)
Whether the tow operator shall have a sufficient number of employees
available to comply with the minimum operational requirements of this
chapter. The number of employees on duty, on call and available to
respond 24 hours a day, seven days a week shall not be less than three
qualified individuals.
(4)
Whether the applicant has the ability to respond to the scene in
response to any request for assistance within 20 minutes after notification.
(5)
Whether the equipment is in thoroughly safe and sound condition and
complies with the standards of this chapter as well as any application
provisions of New Jersey statutes and rules.
(6)
Whether the tow operator can provide access to the storage facility
to the police as needed on a twenty-four-hour-a-day basis.
(7)
Whether the entire land area of the storage facility is enclosed
by a fence or sturdy construction of at least six feet in height and
is secured by lighting.
(8)
Whether the applicant is in compliance with and/or has the ability
to comply with all other requirements set forth herein and as otherwise
required by New Jersey statutes and regulations.
(9)
If a previous licensee, whether the applicant has met the performance
standards of this chapter, as hereinafter set forth.
B.
Every tow operator shall be responsible for all costs and fees associated
to perform criminal and driver's license background checks for
each of their employees.
C.
A driver shall be automatically disqualified where the individual
has been convicted of a crime of the fourth degree or higher within
the past five years, unless waived by the Chief of Police for good
cause. Any driver convicted of a disorderly persons offense shall
be authorized, at the discretion of the Chief of Police, taking into
account the nature of the crime, the date of the event and efforts
taken by the individual to make societal amends.
D.
In addition to the minimum standards of performance referred to above,
all applicants are subject to disqualification if found deficient
in any one of the following areas:
A.
Upon completion of an investigation, the Chief of Police or his/her
designee shall report his/her recommendation to the Township Clerk
and notify the applicant in writing.
B.
The Township Clerk shall issue a license to any applicant recommended
for approval by the Chief of Police. The Township Council shall therein
adopt a resolution authorizing the execution of a contract for services
with each licensee.
C.
The applicant not so approved may appeal to the Township Manager.
Any such appeal shall be filed within 10 days after receipt of the
written notice from the Chief of Police. The Manager shall undertake
a review of the reasons for rejection by the Chief of Police or his/her
designee and shall make an independent determination based upon the
standards and criteria of this chapter and the investigative file
developed by the police.
A.
Licenses issued under this chapter shall be effective for a period
of two years. All licenses shall expire automatically on May 31. All
vendors shall reapply one month prior to the expiration of the current
license using a renewal application and paying the applicable registration
fee.
B.
Licensees shall have the continuing obligation to keep the above
application requirements up-to-date throughout the entire term of
the contract, including notifying the Police Department of new hires
and providing a certified driver's abstract and submitting to
a criminal background check prior to the employee engaging in tow
services for Maple Shade Township. All changes in information must
be reported within 15 days of the change. Failure to do so shall be
basis for revocation of license.
C.
No more than one license shall be granted to any applicant. No licensee
shall have any interest, direct or indirect, in any other license.
D.
Once issued, a license is not transferable.
A.
Complaints of any kind, relative to service, overcharging, theft
of parts or vehicle contents, damage to towed or stored vehicles,
discourteous treatment and the like shall be referred to the Chief
of Police for investigation and recommendation to the Township Council,
if necessary. The Chief of Police shall notify the tow operator, in
writing, of a pending investigation.
B.
The Chief shall allot a reasonable time to correct an issue confirmed
by the investigation and notify the subject of his/her findings and
time to correct such issues. If the violation is not corrected within
the time allotted, the Township Manager may suspend or revoke the
contract and immediately remove the tow operator from the rotation
list or lists. Removal from the tow list shall occur only for the
most egregious violations, including, but not limited to, safety violations.
C.
Adequate grounds for a revocation of the contract shall include,
but are not limited to, a violation of the terms of this chapter,
fraudulent or inaccurate application information, unsatisfactory service
or the violation of the New Jersey Department of Insurance Rules and
Regulations or any statute or regulation of this chapter.
D.
The tow operator has the right to appeal to the Township Council
within 10 days of the receipt of the Township Manager's written
decision and shall receive a hearing within 30 days of the receipt
of the notice.
E.
Upon conclusion of the hearing, the Township Council shall determine
whether to affirm, reverse or modify the Township Manager's decision.
If the tow operator's license is revoked, the tow operator shall
not be eligible to reapply for two additional years from the date
of revocation at the next contract term.
A.
Every licensee shall maintain the following insurance coverages:
(1)
Comprehensive automobile liability in an amount not less than $1,000,000
combined single limits.
(2)
Workers' compensation as required by New Jersey law.
(3)
Comprehensive general liability in an amount not less than $1,000,000
for each person and $3,000,000 for each accident.
(4)
Garage keepers' liability insurance in an amount not less than
$120,000.
(5)
Garage liability insurance in an amount not less than $1,000,000
combined single limits.
(6)
Endorsements to provide for collision coverage for vehicles while
in possession of the tow operator.
B.
Each policy required herein shall contain an endorsement providing
for 30 days' notice to the Township in the event of any change
or cancellation and shall be with insurance companies acceptable to
the Township and operating on an admitted basis in the State of New
Jersey. Each policy required herein shall name the Township as an
additional insured.
C.
Certificate of insurance. Certificates of insurance, showing that
both the tow operator and the Township of Maple Shade are named as
additional insured, in conformance with the above, shall be furnished
to the Chief of Police, subject to approval of the Township Solicitor
and Risk Consultant, and filed with the Township Clerk.
D.
Licensees shall hold harmless and indemnify the Township, its officers,
employees and agents, from any and all liability claims, losses or
damage arising or alleged to arise from the performance of the towing
services requested and/or rendered by the licensee.
A.
For ease of operation within the Police Department as well as in
operation of the tow list by Central Communications, the Township
limits the rotation to two licensed companies. If the rotational list
is not full, the Township will entertain towing applications at any
time; however, said applications will continue to expire at the end
of the two-year term (end of May), and the application fee shall not
be prorated. If the rotational list is full, the Township will maintain
a waiting list and advise those companies on the waiting list when
vacancies arise.
B.
Each such licensed towing operator shall be put on a rotational list
compiled by the Chief of Police of the Township and shall be called
to respond to the needs of the police on a rotating basis. Calls to
tow operators on the OTL shall be made on a nonexclusionary and nondiscriminatory
rotating basis, pursuant to procedures deemed by the Chief of Police
to be both equitable to the tow operators and responsive to the public
safety needs of the community.
C.
Approved tow operators shall operate on a per-call rotational list.
The Township does not guarantee a minimum or maximum number of tow
calls during a contract period. If a tow operator is called for a
tow and does not acknowledge the call within five minutes and respond
to the scene within 20 minutes, the tow operator shall be skipped
with no compensation and the next tow operator on the list shall be
summoned.
(1)
Tow operators are called on a rotational list by Burlington County
Central Communications ("Central"). The Township recognizes that a
tow company may be tied up on other calls when needed by Maple Shade.
If a tow operator cannot meet the requirements of this chapter and
respond to the scene within 20 minutes, it has an obligation to immediately
inform Central. The tow company is not permitted to assign the work
to another tow company. If the company cannot handle the call, Central
will immediately notify the next tow company on the rotational list
and the originally called tow company will be skipped in the rotation.
The importance of this process cannot be overstated.
D.
Only those tow companies that can perform both basic tow services
and heavy-duty tow services shall be considered for the rotational
list.
E.
On a rare occasion, the Township shall require that an automobile
be towed to a secured location other than the tow operator's
storage facility. In such cases, the tow operator shall tow the vehicle
free of charge to the Township and shall not lose its place on the
rotation list (i.e., the same tow company will be called for the next
paid tow).
F.
Fatalities and serious bodily injury accidents. The Township reserves
the right to contact the tow company of its choice to respond to a
fatality or serious bodily injury accident. In making this decision,
the officer on the scene will consider the extent of the detail and
care necessary to preserve evidence and the storage location for follow-up
investigation by all law enforcement agencies and/or the National
Transportation Safety Board. The rotational list will return to its
normal order after such a rare call.
A.
Responsibilities. The licensee shall:
(1)
Provide tow services on a twenty-four-hour, seven-day-a-week basis,
including holidays.
(2)
Respond to all calls for service from the police within 20 minutes
after notification by the police.
(3)
Have a minimum of: one light-duty wrecker, two flatbeds, one-heavy-duty
wrecker with a thirty-ton boom and one sixty-ton rotator.
(4)
Maintain its towing operator's base of service and storage facility
for Maple Shade tows in a location that is accessible to all areas
of Maple Shade Township within 20 minutes under normal driving conditions.
(5)
Maintain a storage facility which shall include adequate storage
space for at least 20 vehicles, 10 of which spaces shall be dedicated
exclusively to the storage of vehicles that were removed under the
provisions of this chapter. For the heavy-duty tows, the licensee
must also identify a separate area not less than 15 feet by 30 feet
for the storage of a heavy-duty vehicle. The storage facility shall
be open a minimum of eight hours per day (8:00 a.m. to 6:00 p.m.),
Monday through Friday, except legal holidays, for reclaiming automobiles.
All such storage facilities must be maintained in compliance with
local, state and federal laws and regulations, and vehicles must be
stored in compliance with all applicable ordinances and only on premises
approved by the Township unless otherwise authorized by the owner
of the vehicle and permitted by law. The Police Department shall have
twenty-four-hour access to the storage facility for investigative
purposes.
(6)
Maintain all insurance coverages in accordance with the standards
set forth above.
(7)
Pass the background checks identified herein.
(8)
Comply with the state affirmative action statutes and rules and with
the Americans with Disabilities Act.
(9)
Train its tow truck operators in the use of all required equipment
and the performance standards of this chapter.
(10)
Require its tow truck operators to have a personal driver's
license with no restrictions or conditional endorsements, except if
prescription glasses are required; and to have a commercial driver's
license, if required by law; and to present a neat appearance at all
times.
(11)
Have at least one year of continuous experience in emergency
towing, recovery and storage of motor vehicles for law enforcement
agencies. Such experience shall be verifiable and proven to the satisfaction
of the police at the time of application for license. This provision
shall not prevent the issuance of a license but shall be a factor
weighed in considering the issuance of a license to a new tow operator
business.
(12)
Maintain written records for at least six years from the date
of the service of all tows performed and all signed acknowledgments
of receipt of vehicles by owners or authorized agents.
(13)
The tow operator shall submit monthly reports, on or before
the 10th of the month, to the Maple Shade Township Police Department
of all vehicles towed the previous month, as well as vehicles which
are unclaimed from previous months. The report shall identify each
vehicle by make, model, year, license plate, VIN/serial number and
police incident/case number. In addition, the odometer reading is
needed on all vehicles left on the lot over 30 days. The Motor Vehicle
Commission requires this information when requesting a title for auction.
The contractor further agrees to furnish the Township with such records,
reports and information of services rendered as the Township may reasonably
request. The Township reserves the right to amend the minimum list
of reporting requirements from time to time.
B.
Failure to adhere to these requirements will result in the tow operator
being suspended from the tow list pursuant to the procedures in this
chapter until the compliance issue is resolved.
C.
Minimum equipment requirements.
(1)
All tow vehicles must be in compliance with safety standards and
equipment required by state statute and as required by any rules or
regulations promulgated by the Chief of Police. The tow operator must
have sufficient equipment to tow any size vehicle utilizing the roads
of Maple Shade Township. Applicants who do not maintain such equipment
shall demonstrate why the equipment is not necessary.
(2)
In addition, every tow truck shall be equipped with safety tools
to remove disabled or locked vehicles.
(3)
All tow trucks shall be properly lettered on both sides, as required
by law. The name on the truck shall match the applicant's name
so that the police officer can confirm that the vendor dispatched
is the same as the vendor that takes the tow.
D.
Performance standards. A licensee shall:
(1)
When on call, provide towing on a twenty-four-hour, seven-day-a-week
basis, including holidays.
(2)
Dispatch a tow truck or trucks, as circumstances warrant, when requested
by the police to respond in such a manner that the tow truck arrives
at the scene within 20 minutes under normal and reasonable circumstances.
(3)
Maintain and operate all tow trucks in accordance with all existing
traffic regulations and in a safe and prudent manner.
(4)
Not stop at any accident scene unless directed by the police, except
to notify the police of an unattended accident and advise accident
victims that the police have contacted the licensee on rotation; and
not solicit or attempt to divert patrons of another towing operator,
whether or not licensed under this section, or solicit prospective
patrons of a given repair service to any other repair service.
(5)
Not respond to the scene of an accident except upon notification
by the police through the per-call rotation list.
(6)
Not tow vehicles without proper authorization from the police at
the scene or the owner or driver at the scene. Upon such authorization
and if not accompanied by the owner or driver of the towed vehicle,
the licensee shall disclose, in writing, the location of the storage
facility.
(7)
Not release any vehicle impounded or confiscated without proper authorization
from the police.
(8)
Notify the police monthly of unclaimed vehicles.
(9)
Be responsible for all vehicles and their contents after towing.
If the vehicle is unattended, the licensee shall make an inventory
of any apparent valuable contents at the accident scene and maintain
said inventory at least until the disposition of the vehicle.
(10)
Cooperate with other towing operators in the case of emergency
services at the scene of accidents and/or disasters.
(11)
Comply with police instructions at the scene, even if it means
countermanding towing requests by the owners or drivers of disabled
vehicles.
(12)
Prior to departure from the accident scene, clean and clear
streets of any debris resulting from any accident, and toward that
end carry the necessary equipment to perform such cleaning services.
(13)
Report any dispute between towing operators and/or persons at
the scene to the police, and report to the police any observed disabled
vehicles, accidents or any other activities that may require police
attention.
(14)
Not use flashing lights or sirens except as permitted by the
police pursuant to law.
(15)
Not tow a vehicle for illegal parking until a summons has been
issued.
(16)
Accept at least cash money orders and at least one major credit
card for towing and/or storage services.
(17)
Immediately notify the police in the event that the licensee
is not operational due to mechanical failure, personnel deficiency
or other incapacitating cause.
(18)
Post hours of operation on storage facilities so that the public
may be informed as to when the facilities are open for recovery of
motor vehicles.
(19)
Maintain the public portions of storage facilities as clean
and safe environments for public invitees.
(20)
Not park or store an impounded vehicle on any public street
or sidewalk or any unsecured area. All vehicles stored shall be stored
in the storage facility as defined herein.
(21)
Not employ any Township employee or allow any Township employee
to have a financial interest in the towing operator's business.
(22)
Clear accident areas of debris upon arrival on the scene.
(23)
Display fees on cards, conspicuously indicating the maximum
rates for towing and storage charges, in each tow truck, and present
a card to the driver of the disabled vehicle to be towed. Such a fee
card shall also be conspicuously posted at every storage facility
and location where the vehicle is to be retrieved.
A.
Generally.
(1)
At the time of tow, each tow operator licensed shall be responsible
for providing a three-inch-by-five-inch preprinted card identifying
the towing company's name, address, storage location, hours of
operation for pickup, phone number and rates for towing and storage
according to the terms of this chapter. Said card shall be presented
and explained to the owner or occupant of the vehicle on scene, or
in the alternative, when the owner or occupant is absent or not physically
or mentally capable of receiving said card, provided to the officer
requesting tow for inclusion in the police report.
(2)
Towing and storing charges and fees shall be in accordance with N.J.S.A.
40:48-2.50 as well as the provisions of this chapter. Except as otherwise
provided herein, the charge and fee for towing and storage of vehicles
within the Township of Maple Shade shall be in accordance with the
provisions of the rules and regulations of the New Jersey Division
of Consumer Affairs in the Department of Law and Public Safety. The
Township shall not be responsible for the collection or payment of
any charges for the towing or storage of vehicles. The charges and
fees and rates applicable to services performed pursuant to this chapter
shall be posted in a conspicuous place visible to the public at the
tow operator's storage area and shall be posted on each and every
vehicle. The tow operator shall prepare a bill for charges pertaining
to each vehicle and present the same to the claimant of a vehicle.
The bill shall be itemized in detail as to the actual services rendered
and shall contain a statement that the claimant may complain with
respect thereto to the Township. The Township will not be responsible
for charges due and owing from a claimant of a vehicle. The Township
shall not be responsible for the collection or payment of any charges
for the towing or storage of vehicles. Vehicles impounded as a result
of police investigations involving stolen vehicles or fatal/serious/suspicious
accidents will not result in storage charges to the Township; however,
the Township reserves the right to store such vehicles at a location
of its choosing. Said location will include inside storage, lockdown
measures, full access accountability and twenty-four-hour, seven-day-a-week
access by the Police Department.
(3)
In the event the Township conducts an auction of unclaimed abandoned
vehicles pursuant to Title 39, the tow operator's bill for towing
and storage shall be an expense of possession and sale and shall be
paid from the proceeds of such auction. Each vehicle auctioned shall
be a separate item for purposes of this subsection. The title fee
for which the Township must pay the State of New Jersey for title
certificates shall be paid by the purchaser at the auction, even if
the tow operator is the purchaser, and shall be in addition to the
bid price of each vehicle. In the event the Township determines to
utilize the provisions of Title 39 with respect to unclaimed vehicles,
the tow operator shall receive no compensation for its services but
shall not lose its place on the rotational list.
(4)
The fee for towing a vehicle shall include the service rendered from
the scene where the vehicle is located to the storage area and from
the storage area to the curbline of the property on which is located
the storage area. The charge for towing includes any incidental and
related costs such as connecting and reconnecting a transmission,
drive line or axle. There shall be no additional charges for any other
services, including but not limited to waiting time, cleanup costs
and additional labor when the towing services as defined herein are
provided, except as otherwise provided herein. The tow operator may
charge a fee for a vehicle lockout service, i.e., when a tow operator
responds and opens a locked vehicle when the owner/operator has locked
the keys in the vehicle or is otherwise unable to open the vehicle.
B.
Charges and fees. The charges, fees and rates for vehicles to be
towed and stored shall be as follows. There will be no mileage charge
for vehicles towed.
C.
Specialized equipment. In cases where the tow operator must hire
laborers or rent or utilize specialized equipment not specified in
this chapter, all reasonable charges therefor shall be paid by the
owner of the vehicle, after the owner of the vehicle or his/her agent
has given his/her prior written consent thereto. The consent requirement
may be waived when the Chief of Police deems the vehicle to be a hazard
to health or safety, whereupon said vehicle will be removed by the
direction of the Director of Public Safety, with the owner then being
responsible for all personnel, equipment and labor costs. The necessity
for specialized equipment shall be determined by the Chief of Police.
D.
Unloading of goods. In the event that it is necessary to unload a
vehicle which has been used for transportation of goods prior to or
after towing, an agreement shall be reached between the tow operator
and the owner of the vehicle or the owner's agent or representative
as to the charge for said service. No written agreement is necessary
in an emergency, and the Chief of Police shall determine when an emergency
exists.
E.
The Township shall not be liable for the cost of any services performed
by the tower unless those services are performed for or on a municipal
vehicle. Payment for towing services to nonmunicipal vehicles shall
be a matter solely between the tow operator and the motor vehicle
owner or operator, except vehicles impounded in conjunction with a
criminal investigation.
F.
All towers on the OTL must perform emergency road service when so
requested by the Maple Shade Township Police Department. The fees
charged for service shall be in accordance with this chapter.
This chapter shall not prevent the occasional operation at the
scene of an accident, upon the request of an owner or driver of a
vehicle, of a tow truck which is owned by a person not a licensee
hereunder. If a tow operator is called to a scene and subsequently
recalled because of this situation, the tow operator will return to
the rotational list for the next police-dispatched tow call. Neither
the vehicle owner nor the Township shall be charged for such an event.
Upon the adoption of this chapter, the Township Clerk shall
give 30 days' public notice by newspaper publication of the necessity
of making application for a license to engage in the business of basic
towing service as a licensee of the Township. In addition, the Chief
of Police shall give notice to all towing operators known to have
engaged in basic towing service in the Township for the year last
passed. In the year of adoption of this chapter, the Township Clerk
shall identify the date applications are due and the expected date
of award. The initial contracts shall expire on May 31, 2019, regardless
of the date of implementation of this chapter.
The Chief of Police may promulgate such rules, regulations and
procedures, not inconsistent with this chapter, as may be reasonable
and necessary to carry out the provisions of this chapter. Copies
thereof shall be provided to all licensed tow operators and shall
be made available to the public, along with copies of current fee
schedules, during normal business hours. Failure to comply with applicable
rules, regulations and procedures may be the cause of suspension or
revocation of a tow operator's license. The Township Committee
may amend fees from time to time by adoption of a resolution.
The Chief of Police is hereby designated to enforce the provisions
of this chapter and any applicable rules and regulations.
In addition to the suspension and revocation provisions established
herein, any person, firm or corporation violating the provisions of
this chapter shall, upon conviction thereof, be subject to a fine
of not more than $1,000 or to imprisonment for not more than 90 days
or a period of community service not to exceed 90 days, or any combination
thereof, and each day any such violation shall continue shall be deemed
to be a separate and distinct offense.
