[HISTORY: Adopted by the Township Committee
of the Township of Franklin 10-13-2016 by Ord. No. 2016-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 336,
Towing and Storage of Vehicles, adopted 4-5-2001 by Ord. No. 2001-02,
as amended.
It is the purpose of this chapter to provide nonexclusionary
and nondiscriminatory regulations governing the removal of motor vehicles
from private or public property on a rotating basis and for the subsequent
storage of such vehicles following removal, all as provided by N.J.S.A.
40A:11-5(1)(u).
As used in this chapter, the following terms shall have the
meanings indicated:
Towing as defined in this section and other ancillary services
as may be specified by the director by regulation.
A natural person.
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a tower, but prior to the vehicle actually
having been moved or removed from the property.
The Director of the Division of Consumer Affairs.
The Division of Consumer Affairs in the Department of Law
and Public Safety.
A gross weight of at least 32,000 pounds.
A gross weight of less than 32,000 pounds.
Includes all vehicles propelled other than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles, motorized scooters, motorized wheelchairs and motorized
skateboards.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
An individual, sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a consumer's motor vehicle
that is parked illegally, parked during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
A person offering or performing private property towing services.
A storage facility that is either completely indoors or is
surrounded by a fence, wall or other man-made barrier that is at least
six feet high and is lighted from dusk to dawn.
The moving or removing from public or private property or
from a storage facility by a motor vehicle of a consumer's motor
vehicle that is damaged as a result of an accident or otherwise disabled,
recovered after being stolen or is parked illegally or otherwise without
authorization, parked during a time at which such parking is not permitted
or otherwise parked without authorization, or the immobilization of
or preparation for moving or removing of such motor vehicle, for which
a service charge is made, either directly or indirectly. Dues or other
charges of clubs or associations which provide towing services to
club or association members shall not be considered a service charge
for purposes of this definition.
Any device in, upon or by which a person or property is or
may be transported upon a highway.
All applicants for a license shall submit an application in accordance with § 336-4 to the Franklin Township Police Department for investigation of the truth and accuracy of the information contained therein. Upon completion of his investigation, the officer in charge shall forward a copy of said application to the Township Clerk along with a recommendation for approval or disapproval of the license and the reasons, if any, for disapproval. If the officer in charge finds that the applicant has met the requirements of this section, a license shall be issued to the applicant and the applicant's name placed at the end of the towing list. All licenses expire on June 30 of each year.
A.
All applications to be placed on the towing list shall be submitted
to the officer in charge of the Franklin Township Police Department
on the application form developed by the Police Department.
B.
Minimum standards of operator performance. All applicants must be
able to meet the following minimum standards of performance:
(1)
Applicants must be appropriately licensed by the State of New Jersey.
(2)
Applicants must be able to reach the scene of a vehicle to be towed
within 25 minutes.
(3)
Applicants must be equipped to provide service during their scheduled
frame of duty.
(4)
Applicants must submit to a background check by the Township Police
Department.
(5)
With respect to the storage of towed vehicles, the applicant shall:
(a)
Demonstrate sufficient storage capacity for a minimum of five
vehicles. Storage area shall be at the applicant's place of business;
(b)
Accept responsibility for the safe storage of towed vehicles;
(c)
Have access to a storage facility 24 hours a day, 365 days per
year, and shall provide access to the public to such facility during
normal business hours.
(d)
All towing services shall be capable of providing reasonable
roadside services to disabled vehicles, such as, but not limited to,
jump starting, the changing of flat tires, and providing motor fuel.
Such services will only be performed if they can be done so safely,
as determined by the police officer on scene.
(6)
Applicants must agree that, in addition to towing services, they
will provide limited site cleanup of glass, debris, etc., at the site
such that the roadway will be safe to travel and no unsightly material
will be left on the roadside.
(7)
Applicants must provide proof of adequate insurance as provided in
this chapter.
C.
The towing service owner or its authorized representative shall sign
the registration application form indicating that the full requirements
of this policy have been met by the towing service applicant.
D.
An application for tow truck registration shall contain the following
information:
(1)
The name and address of the towing company's principal owner
or owners;
(2)
The address of the principal business office of the towing company;
(3)
The location of any garage, parking lot, or other storage area where
motor vehicles or other objects moved by the towing company may be
stored or placed;
(4)
A valid certificate of insurance and a schedule of insured vehicles
that are to be utilized by the towing company from an insurer authorized
to do business in the state, including the amounts of the garage keeper's
legal liability coverage and any "on hook" coverage as an endorsement
or contained in a separate schedule, and liability insurance coverage,
including, in the case of each light-medium-duty tow truck, motor
vehicle liability insurance coverage for the death of or injury to
persons and damage to property for each accident or occurrence in
the amount of at least $750,000 single limit, and in the case of each
heavy-duty tow truck, motor vehicle liability insurance coverage for
the death of or injury to persons and damage to property for each
accident or occurrence in the amount of at least $1,000,000 single
limit; and
(5)
Documentation of the manufacturer's gross vehicle weight rating
for each tow truck.
E.
An application fee of $150 shall be submitted with each application.
A.
A towing company shall carry insurance of the following types with
the minimum policy limits noted for each type:
(1)
In the case of each light-medium-duty tow truck, motor vehicle liability
insurance coverage for the death of or injury to persons and damage
to property for each accident or occurrence in the amount of at least
$750,000 single limit, and in the case of each heavy-duty tow truck,
motor vehicle liability insurance coverage for the death of or injury
to persons and damage to property for each accident or occurrence
in the amount of at least $1,000,000 single limit.
(2)
Workers' compensation in the minimum amounts required by law.
(3)
Garage keepers' liability insurance of at least $75,000 per
location.
(4)
Garage liability insurance in an amount of $75,000 combined single
limit coverage.
(5)
Comprehensive general risk liability coverage of $1,000,000.
B.
Policies shall be endorsed to provide for collision coverage for
vehicles in tow.
C.
The Township of Franklin shall be named as an additional insured
on all policies.
D.
Proof of coverage shall be provided to the Township, and the policies
shall provide that the Township be notified in the event of the wrecker
service's failure to pay premiums or in the event of cancellation,
termination or revision of the policies or amounts of coverage.
E.
In the event the Township deems, in its discretion, that appropriate
coverage is not in place, the contractor shall be so advised and shall
be removed from the towing list until such time as appropriate coverage
is restored.
The contractor shall agree to indemnify and hold the Township,
its officers, appointees, employees, representatives or agents, whether
paid or unpaid (including, without limitation, members of the Township
Police Department) harmless against any and all liability or claims
of liability for damage or injury to persons or property resulting
from the towing services provided by the contractor pursuant hereto,
with the exception of damage or injury to persons or property resulting
solely from the willful or negligent acts or omissions of such officers,
appointees, employees, representatives or agents.
A.
Contractors will be called according to their respective duty frame
as indicated on the duty schedule provided by the Township Police
Department. Contractors will rotate as indicated on the schedule.
B.
In the event a contractor cannot be reached by telephone or radio
and/or fails to respond to a request for towing services on two consecutive
occasions, or five times within a six-month period, the contractor
will be removed from the list and will be required to reapply.
A.
No person shall tow any motor vehicle parked for an unauthorized
purpose or during a time at which such parking is not permitted from
any privately owned parking lot, from other private property or from
any common driveway without the consent of the motor vehicle owner
or operator, unless:
(1)
The person shall have entered into a contract for private property
towing with the owner of the property;
(2)
There is posted, in a conspicuous place at all vehicular entrances
to the property which can easily be seen by the public, a sign no
smaller than 36 inches high and 36 inches wide stating:
(a)
The purpose or purposes for which parking is authorized and
the times during which such parking is permitted;
(b)
That unauthorized parking is prohibited and unauthorized motor
vehicles will be towed at the owner's expense;
(c)
The name, address, and telephone number of the towing company
that will perform the towing;
(d)
The charges for the towing and storage of towed motor vehicles;
(e)
The street address of the storage facility where the towed vehicles
can be redeemed after payment of the posted charges and the times
during which the vehicle may be redeemed; and
(f)
Such contact information for the Division of Consumer Affairs
as may be required by regulation;
(3)
The property owner has authorized the person to remove the particular
motor vehicle; and
(4)
The person tows the motor vehicle to a secure storage facility that
is located within a reasonable distance of the property from which
the vehicle was towed.
B.
No private property owner shall authorize the towing of any motor
vehicle parked for an authorized purpose or during a time at which
such parking is not permitted from the private property owner's
property without the consent of the motor vehicle owner or operator,
unless:
C.
This section shall not apply to a motor vehicle parked on a lot or
parcel on which is situated a single-family unit or an owner-occupied
multi-unit structure of not more than six units or in front of any
driveway or garage entrance where the motor vehicle is blocking access
to that driveway or garage entrance.
D.
Exemption from certain signage requirements.
(1)
The requirements of Subsection A(2) of this section shall not apply to a residential community in which parking spaces are specifically assigned to community residents, provided that:
(a)
The assigned spaces are clearly marked as such;
(b)
There is specific documented approval by the property owner
authorizing the removal of the particular vehicle; and
(c)
A sign, which can easily be seen by the public, is posted in
a conspicuous place at all vehicular entrances to the residential
community property, stating that unauthorized parking in an assigned
space is prohibited and unauthorized motor vehicles will be towed
at the owner's expense, and providing information or a telephone
number enabling the vehicle owner or operator to immediately obtain
information as to the location of the towed vehicle.
(2)
The exemption in this subsection shall not apply to any private parking
lot or parcel owned or assigned to a commercial or other nonresidential
entity located in such residential communities.
A.
Fees and rates for towing of motor vehicles shall not exceed the
following:
(1)
Light-duty rate (8:00 a.m. to 5:00 p.m.): $85 to $125 per towing
vehicle dispatched, plus any fees for additional services performed,
plus mileage ($4 per mile) from the scene.
(2)
Light-duty night rate (5:00 p.m. to 8:00 a.m.): $100 to $175, plus
any fees for additional services performed, plus mileage ($4.50 per
mile) from the scene. The night rate shall apply on Sundays and legal
holidays in the State of New Jersey.
(3)
Medium-duty towing for motor vehicles with gross weight between 10,000
pounds and 32,000 pounds: $175 to $250 per hour with a minimum of
one hour per towing vehicle dispatched regardless of the time of day,
plus $5 per mile from the scene.
(4)
Heavy-duty towing for motor vehicles with a gross weight over 32,000
pounds which can be moved with a conventional wrecker: $350 to $500
per hour, plus $6 per mile from scene per towing vehicle dispatched
regardless of the time of day.
(5)
Heavy-duty towing for motor vehicles with a gross weight over 32,000
pounds where underreach towing is required: $450 to $600 per hour,
plus $6 per mile from the scene with a minimum of one hour per towing
vehicle dispatched regardless of the time of day.
B.
Road service rates shall not exceed the following:
(1)
Motor vehicles with a gross weight of less than 10,000 pounds: $75
to $125 per hour day rate, $125 to $150 per hour night rate, with
a one-hour minimum charge, plus costs of any materials used, including
but not limited to motor fuel.
(2)
Motor vehicles with a gross weight greater than 10,000 pounds: $100
to $125 per hour day rate, $125 to $175 per hour night rate, with
a one-hour minimum charge, plus costs of any materials used, including
but not limited to motor fuel.
C.
Storage rates shall not exceed the following:
(1)
Thirty-four dollars per day for outside storage for motor vehicles
under 22 feet in length or $100 per day or any part thereof per unit
for all other motor vehicles.
(2)
Vehicles stored at the Franklin Township Police Impound (or other
designated area) for investigative purposes will not incur a fee during
the time said investigation is active. Upon notification that the
investigation has been completed, the owner or secured party will
be charged a fee of $35 per day beginning 72 hours after notification
has been made.
(3)
Sixty-five dollars to $75 for extra help if needed per hour, and
any additional equipment necessary to clear roadway debris is an extra
charge. All rates are subject to weather conditions. Winching and
recovery charges are subject to conditions pertaining to the accident
scene and weather conditions.
A.
A fee for private property towing or other nonconsensual towing services
and storage services shall be presumed unreasonable if it is:
(1)
More than 25% higher than the fee charged by the towing company or
storage facility for the same services when provided with the consent
of the owner or operator of the motor vehicle; or
(2)
More than 50% higher than the fee charged for such other nonconsensual
towing or related storage service by other towing companies or storage
facilities operating in the municipality from which the vehicle was
towed.
A.
It shall be an unlawful practice for any private property towing
company or for any other towing company that provides nonconsensual
towing services:
(1)
To give any benefit or advantage, including a pecuniary benefit,
to any person for providing information about motor vehicles parked
for unauthorized purposes on privately owned property or otherwise
in connection with private property towing of motor vehicles parked
without authorization or during a time at which such parking is not
permitted.
(2)
To fail, when so requested by the owner or operator of a vehicle
subject to nonconsensual towing, to release a vehicle to the owner
or operator that has been, or is about to be, hooked or lifted but
has not actually been moved or removed from the property when the
vehicle owner or operator returns to the vehicle, or to charge the
owner or operator requesting release of the vehicle an unreasonable
or excessive decoupling fee. Such a fee shall be presumptively unreasonable
and excessive if it exceeds by more than 25%, or a different percentage
established by the Director by regulation, the usual and customary
decoupling fee charged by the towing company for a vehicle subject
to consensual towing, or if it exceeds by more than 50%, or a different
percentage established by the Director by regulation, the usual and
customary decoupling fee charged for vehicles subject to nonconsensual
towing by other private property towing companies operating in the
municipality in which the vehicle was subjected to nonconsensual towing.
(3)
To charge a fee for a private property or other nonconsensual towing
or related storage service not listed on the schedule of services
for which a fee may be charged as established by the director except
as may be permitted by the director by regulation, or to charge an
unreasonable or excessive fee.
(4)
To refuse to accept for payment in lieu of cash or an insurance company
check for towing or storage services a debit card, charge card or
credit card if the operator ordinarily accepts such card at his place
of business, unless such refusal is authorized in accordance with
N.J.S.A. 56:13-4.
(5)
To monitor, patrol, or otherwise survey a private property for the
purposes of identifying vehicles parked for unauthorized purposes
and towing a motor vehicle parked for an unauthorized purpose from
such private property without having been specifically requested to
tow such vehicle by the owner of the property.
Every towing company that performs private property or other
nonconsensual towing shall retain and make available for inspection
by the Division, for a period of three years, invoices, job orders,
logs, claims for reimbursement from insurance companies and other
documentation relating to all consensual and nonconsensual towing
services performed and rates charged for the services.
A.
The officer in charge of the Township Police Department shall be
responsible for enforcing the provisions of this chapter and shall
decide whether or not an applicant's qualifications are sufficient
to be placed on the towing list. Any aggrieved party shall be afforded
the opportunity of appealing any adverse decision of the officer in
charge to the Franklin Township Committee.
B.
The regulations set forth in this chapter shall be made available
to the public at the Township Municipal Building during normal business
hours.
C.
Employees of the contractor are not to be deemed to represent nor
be employed by the Township, and the contractor shall accept responsibility
for the conduct of its employees.
D.
Complaints concerning the services provided or fees charged by the
contractor shall be investigated by the officer in charge, who will
prepare a written report to be presented to the Township Committee
for such further action as it deems fit.
E.
Contractors shall disclose the rate of fees charged by, at a minimum,
posting the rates in a conspicuous place at the storage area.
F.
The Township of Franklin shall assume no liability for any services
performed by the contractor unless those services are performed for
municipal vehicles.
A.
The contractor shall employ a sufficient number of employees to comply
with the minimum operational requirements.
B.
All drivers of the contractor shall be over the age of 18 years and
must have a valid, current New Jersey state driver's license
and shall be in good health and of high moral character.
C.
The service, equipment and personnel are subject to periodic inspections
and approval by the Township of Franklin.
D.
Dealing with the public.
(1)
In all of his dealings with the public, the contractor is expected
always to act in a professional manner and at all times to be courteous
and respectful toward members of the public as well as representatives
of the Township of Franklin. While members of the public, especially
those whose cars may have been towed or impounded, may at times resort
to strong language, threats and unbecoming behavior toward the tower,
the tower is expected to exercise restraint and not to respond in
kind, and thereby reflect unfavorably on the Township of Franklin
and/or the Police Department. Reports of discourteous behavior by
the contractor or his employees may be considered by the Township
as sufficient cause for removal from the towing list.
(2)
Upon completion of the background check of the applicant, the finding
of a conviction for a felony will be considered ample reason to disqualify
any applicant, unless waived by the Township upon application and
for good cause.
(3)
In the event that the contractor has been summoned by the Township
for the purpose of towing a vehicle, and the owner of the vehicle
arrives on the scene prior to the removal of the vehicle by the contractor,
the owner may be charged by the tower the "loading and show-up charge."
(4)
The contractor shall remove and tow to the Franklin Township storage
facility (or other facility so designated by the Franklin Township
Police Department) all vehicles as directed by the Franklin Township
Police Department.