[HISTORY: Adopted by the Township Committee of the Township of Edgewater Park as Title 5, Ch. 5.20, of the 1998 Township Code. Amendments noted where applicable.]
A. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section:
ABANDONED VEHICLE
A vehicle of any size, in any condition, abandoned or disabled (within the meaning of N.J.S.A. 39:4-56.1 and 39:4-56.5) anywhere within the Township limits, upon any public street or right-of-way, public easement, public alley, avenue, thoroughfare or public or quasi-public places, including public parks and playgrounds.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
The Township of Edgewater Park.
WRECKER
A person or persons engaged in the business or offering the services of a vehicle wrecker or towing service, which business and storage area are located within 10 minutes traveling time (at legal speeds) of the farthest border of the Township of Edgewater Park, whereby disabled motor vehicles are towed, hauled or otherwise removed from the places where they are disabled, impounded or abandoned by use of a wrecker or truck designed for that purpose.
B. 
Word usage. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
A. 
The governing body of the Township, at the beginning of each one-year period, shall secure a contract with the qualified wrecker(s) to be called by the Police Department on a rotating basis when required.
B. 
The wrecker agrees and fully understands that it is operating under a contract as an independent contractor and in no way or sense as an agent or employee of the Township.
C. 
The wrecker shall agree to indemnify and save harmless the Township from any and all claims arising out of its performance or nonperformance of the towing contract.
D. 
The Township will not be liable for any service whatsoever which may be rendered to motor vehicles, and the wrecker's only remedy is to seek recompense from the driver and/or owner of such vehicles.
E. 
Basic towing and storage services rates.
[Amended 9-16-1998 by Ord. No. 10-98; 6-7-2007 by Ord. No. 5-2007]
(1) 
In its contract with the Township, the wrecker will, in instances where flatbed, towing/winching, labor and cleanup cost and storage of motor vehicles are being provided without the consent of the owner of said vehicle, automobiles, motorcycles, motor scooters, mopeds, and trucks, agree to charge for basic towing and storage services rates identical to the model established in Chapter 240, Fees.
[Amended 4-5-2016 by Ord. No. 2016-1; 6-7-2016 by Ord. No. 2016-5; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2) 
The contract will be available to the public for inspection during the normal business hours of the Municipal Clerk's office.
A. 
No wrecker shall be called until he has deposited with the Chief of Police the following insurance policies:
(1) 
Worker's compensation insurance on its employees;
(2) 
Garage public liability and property damage insurance for the operations involved in the performance of the agreement, such policies to carry the provision that 10 days' notice of change or cancellation shall be given to the Township by the insurance company. Public liability insurance limits shall be at least $500,000 and the coverage for the property damage insurance shall be carried in a limit of at least $25,000 per accident and be specifically endorsed to provide collision coverage for vehicles in tow, subject to a maximum deductible of $250 for each accident deemed a separate claim.
B. 
The insurance policy shall also name the Township as an additional insured.
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 wrecker 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 situation, and the head of the Police Department, Emergency Management Coordinator or his designee shall determine when an emergency situation exists.
Every wrecker called by the Police Department shall keep a record of the name and address of the owner of the towed vehicle. Prior to towing the vehicle from the scene of the accident or incident, the operator of the wrecker shall inspect the vehicle and hold for safekeeping property contained in the vehicle. A police officer shall countersign the list of property so prepared and a copy shall be retained with the accident or incident report. No junkyard or other site except the premises of the registered owner of the vehicle or authorized storage area of the wrecker will be used as a depository for wrecked vehicles. If the area to be used for storage be leased by the wrecker, the lease shall extend to a time at least six months after the termination of the contract with the municipality. The storage area shall be reasonably accessible to the public. The storage area must be enclosed by a fence of sturdy construction and at least six feet in height. The secured storage area shall be sufficient to accommodate 20 vehicles having four or more wheels. There must be inside storage available for motorcycles. The wrecker's place of business and/or storage area must conform to the applicable zoning code regulations.
No wrecker shall be called until the Chief of Police has ascertained that the following requirements have been met:
A. 
The insurance policies as required have been supplied;
B. 
The vehicle to be used for towing has been properly licensed and inspected by the State of New Jersey and has the necessary stickers affixed. No vehicle shall be licensed as a wrecker which is using dealer license plates or which has failed inspection. Each vehicle shall be equipped with a shovel, broom and other equipment necessary to clean up broken glass and debris;
C. 
The requirements of this chapter and all other relevant laws, statutes and ordinances have been met;
D. 
The wrecker's equipment shall be available seven days a week and 24 hours a day.
Nothing in this chapter shall abrogate or in any way diminish the rights of the vehicle owner to make his own selection of a wrecker, except where the vehicle presents a real and immediate hazard to the public safety.
A. 
Response time shall be no more than 10 minutes, anywhere in the Township, after the wrecker has been notified to respond. If the wrecker designated should not respond within such time period, the next wrecker on the eligibility list shall be called. Eligible wreckers shall be called on a rotating basis, as controlled by Burlington County Central Communications, unless otherwise requested by the Police Department. In the event that a wrecker should miss or fail to respond to three simultaneous calls or five calls within one year, said wrecker shall be deemed to be in violation of the provisions of this chapter; upon notice, with an opportunity to be heard by the Chief of Police, the wrecker shall be subject to removal from the eligibility list by the Chief of Police, and the wrecker's contract with the Township shall be rescinded.
B. 
No vehicle shall be released by the wrecker until the owner or agent of the vehicle produces a release form from the Police Department. No verbal releases are to be accepted. The Township is not responsible for any costs, compensation or damages which a wrecker may suffer by the Township releasing a vehicle.
C. 
The towing service will maintain an indoor storage area to be used (at the direction of a police officer) for the temporary storage of a motor vehicle involved in any type of prolonged investigation. The towing service will be responsible for any tampering of said vehicle, with the exceptions of those actions necessary to place the vehicle safely indoors.
D. 
Removal of abandoned vehicles is to be performed under the direction and supervision of the Police Department on a 24-hours-a-day basis, and all calls shall be answered within 10 minutes from the time of notification under normal conditions, seven days a week, anywhere within the Township limits.
E. 
As to those vehicles which are designated as "abandoned vehicles" by the Police Department, they will be towed (without charge to the Township) to a storage lot owned by the wrecker and stored thereon for no longer than 90 days, without any charges or liens accruing against the Township.
F. 
Motor vehicle scrap; junk motor vehicle titles. It is the wrecker's responsibility to secure any motor vehicle scrap or junk titles. Disposition of vehicles not claimed by their owners will be in accordance with current regulations enacted by the Motor Vehicle Commission under Title 39 of the Revised Statutes or otherwise according to law. The Police Department will assist in providing any information needed for proper disposition of such vehicles.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person violating any of the provisions of this chapter or part thereof shall, upon conviction, be subject to the penalty in Chapter 1, Article II, General Penalty, of the Code of the Township of Edgewater Park.