[HISTORY: Adopted by the Township Council of the Township of Vernon 5-29-1986 by Ord. No. 86-19. Amended in entirety 11-13-2008 by Ord. No. 08-20. Amendments noted where applicable.]
This chapter shall be known as the "Vernon Township Towing and Storage Ordinance."
ABSORBENT
A granulated or powdered substance used to soak up fluids used in the operation of motor vehicles, i.e.: Speedy-dry.
ADMINISTRATIVE CHARGES
Charges for post accident services; included but not limited to services such as inspection, telephone or fax calls, paperwork, etc.
CHIEF OF POLICE
The Chief of Police of the Township of Vernon Police Department.
CRUISING
The operation of a tow truck within the Township of Vernon for the purpose of soliciting business.
DISABLED VEHICLE
A motor vehicle which has been abandoned or rendered inoperable by mechanical failure or accident. Any motor vehicle which constitutes a hazard to the motoring public due to its location shall be deemed disabled for the purposes of this chapter.
GARAGE
A building or property within the Township of Vernon, deemed and zoned a commercial property, where motor vehicles can be sheltered, stored, repaired, and made ready for use, including but not limited to a gasoline station.
OWNED
For the purpose of this chapter shall mean owned, rented, or leased.
PERSON
Any individual, proprietorship, firm, partnership, corporation or other organization; either singular or plural, masculine or feminine, unless the contrary is clearly expressed.
POLICE DEPARTMENT
The Township of Vernon Police Department.
POLICE TOWING PERMIT
A permit issued pursuant to this chapter and the New Jersey Predatory Towing Prevention Act, N.J.S.A. 56:8-1, et seq., allowing a person to tow vehicles at the request of the Township of Vernon Police Department.
RECOVERY
The procedure in which the tow operator uses the tow vehicle and/or equipment to return a vehicle to the roadway and position it in a manner in which it can be towed.
STORAGE DAY
Twenty-four hour period or any portion thereof.
TOW VEHICLE
A vehicle, including a flatbed, wrecker or tow truck, employed for the purpose of towing, transporting, impounding or otherwise removing any and all kinds of vehicles that are unable to be operated under their own power.
WAITING TIME
Additional time that a tow operator spends at the scene other than time required to perform the tow duties. Examples of this may include but are not limited to emergency medical services being provided and/or police investigation.
WINCHING
The use of the tow vehicle's tow cable to extricate a vehicle. Winching is not pulling a vehicle onto a tilt bed or flatbed, nor lifting a motor vehicle with a conventional tow sling.
Applications for a Police Towing Permit shall be made to the Chief of Police. All applications shall be submitted upon the forms prepared by and made available from the Police Department and shall state under oath:
A. 
The applicant will be available on a twenty-four hour basis, when scheduled, to provide towing and emergency road service and impounding of vehicles.
B. 
The applicant will provide service according to the police towing rotation schedule as established and provided be the Chief of Police or his designee.
C. 
The applicant will arrange for another tow service approved by the Township of Vernon to replace them when unable to meet his commitment for any portion of his on-call status or when they do not have the proper equipment to fulfill his duties.
[Amended 2-22-2016 by Ord. No. 2016-04]
D. 
The applicant will provide the location and description of the tow trucks owned by the applicant, including the year, make, model, type, color, VIN and registration as well as a list of the operators and copies of their driver's licenses.
E. 
The applicant has a commercial property within the Township of Vernon which has been approved and zoned for the storage of motor vehicles and such property can properly accommodate and protect the vehicles stored there. Such property must be able to accommodate both indoor and outdoor storage.
[Amended 2-22-2016 by Ord. No. 2016-04]
F. 
The location in which the vehicles are stored when towed under the provisions of this chapter, and the premises shall meet all applicable Township Code property maintenance requirements as such currently exist and/or as may be amended in the future.
G. 
The applicant will comply with the service rates as established and provided by this chapter.
H. 
The applicant will provide, and update when needed, a telephone number(s) to be utilized by the Police Department on a twenty-four hour basis to request towing and/or emergency service.
I. 
The applicant will sign a statement agreeing to abide by the rules, regulations and provisions governing the towing services.
J. 
The applicant must have and properly maintain a minimum of one wrecker/conventional tow truck and one flatbed tow truck. At a minimum, the following equipment is required on the responding tow vehicle: emergency warning lights, broom and shovel, minimum of 50 pounds liquid absorbent, and an ample supply of business cards to provide the owner/operator of the vehicle to be towed.
K. 
The applicant agrees to provide any further information which the Chief of Police shall deem necessary to effectuate the purpose of this chapter.
L. 
The tow vehicles have been properly licensed and equipped in compliance with Title 39 of the Revised Statutes of New Jersey's Motor Vehicle and Traffic Regulations, including the tow truck decal, as well as the provisions of this chapter. No tow vehicle shall be licensed as a tow vehicle that is using dealer license plates.
M. 
The insurance policies and tow vehicle decals as required by Motor Vehicle Commission have been procured and supplied. The insurance coverage must meet or exceed the limits described in this chapter.
N. 
All tow vehicles will have the business name, town and telephone number permanently affixed on both sides of the vehicle. The letters and numbers shall be a minimum of two inches in height.
O. 
The applicant shall comply at all times with the requirements of N.J.S.A. 56:8-1, et seq., the "New Jersey Predatory Towing Prevention Act."
The Chief of Police or designee shall inspect all premises and towing vehicles prior to the grant of any permit under this chapter.
A. 
A permittee shall maintain liability insurance which meets or exceeds the following:
(1) 
In the case of each light-medium duty tow truck, motor vehicle liability 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
(2) 
In the case of each heavy-duty tow truck, motor vehicle liability 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
(3) 
A garage liability policy including business auto covering the operation of the applicant's business, equipment and vehicles for any bodily injury or property damage in the minimum amount of $750,000.
B. 
A permittee shall indemnify and hold harmless the Township of Vernon, for liability from any and all obligations, liabilities, judgments, claims, and demands, for personal injuries, including wrongful death. This will also include all claims for damages to property which may arise out of this agreement and the work performed hereunder, provided same results from the negligent actions or omissions of the applicant. The applicant further agrees to save and hold harmless the Township of Vernon and to defend, at its own cost and expense, any such claims or lawsuits instituted by third parties against the Township, provided same results from the negligent actions or omissions of the applicant.
C. 
Vernon Township shall be named as an additional insured under the liability potion of the policy, and shall provide proof of insurance to the Chief of Police prior to engaging in any towing activities pursuant to this chapter.
A. 
The Chief of Police is hereby authorized to establish reasonable rules and regulations for the inspection and operation of tow vehicles as well as the design, construction, maintenance and conditions for the safe conduct of a towing service business, in accordance with the standards outlined in the chapter. The Police Department shall have the right at all times to inspect all licensed tow vehicles for safety purposes.
B. 
If, at any time, the Police Department finds the equipment inadequate or unsafe, the Chief of Police or designee shall have the power to demand immediate correction. If the problem is not corrected to the satisfaction of the Chief of Police, he shall have the power to revoke or suspend the permit and schedule a hearing depending upon the nature and the circumstances of the violation.
C. 
The Chief of Police shall have the power to revoke or suspend his approval of a particular towing company for violation of these rules and regulations, or any conviction of moral turpitude by the towing operator.
D. 
The Chief of Police is also hereby authorized and empowered to establish, from time to time, additional rules and regulations, not inconsistent herewith, as may be reasonable and necessary in carrying out the provisions of this chapter.
E. 
The Chief of Police is hereby authorized to establish a system of rotation in the assignment of tow vehicles on the towing list.
F. 
The Chief of Police shall keep a record of the following information for tow companies approved under this Ordinance: business name, business owner's name, description and registration number of tow vehicles, date of the last inspection of tow vehicles, all towing company operators and employees' names and driver license numbers, and proof of insurance.
G. 
During exigent circumstances, the Police Department has the authority to deviate from existing policy. This deviation and reason for same will be reported to Police Communications and documented. Examples of this may be, but are not limited to, motor vehicle accident next to local wrecker facility, excessive traffic congestion, heavy-duty tow, overwhelming amount of vehicles to be towed all at the same time, extreme weather occurrences, etc.
H. 
The Chief of Police is hereby authorized to review and recommend to the Township amendments to the service rates on yearly basis, if needed.
An appeal of revocation or suspension by the Chief of Police shall be filed with the Township Council within ten days of the Chief's decision. A hearing may be held within thirty calendar days of the filing, with a ruling forthcoming from the Township Committee within twenty calendar days of the final hearing.
A. 
No operator shall respond to the scene of a motor vehicle accident except upon notification by the Vernon Police Department, or upon request of the driver/owner of a disabled vehicle.
B. 
No operator of a tow vehicle shall engage in cruising.
C. 
No operator shall solicit, demand or receive from any person any commission or fee except the proper fee for transporting the disabled vehicle in accordance with the regulation.
D. 
No person shall pay any gratuity, tip or fee to any police department employee for information as to the location of any accident or for soliciting the employment of the operator's services.
E. 
A vehicle impounded by the police shall not be released without prior permission from the Police Department.
F. 
It shall be the responsibility of the towing company to obtain proper proof of ownership and identification prior to the release of any vehicle.
G. 
After receipt of notification of an incident by the Police Department, it is the responsibility of the tow operator to be en route to the location within 10 minutes during the day and 15 minutes at night, unless unforeseen circumstances arise. The operator must continue to be accessible via cellular phone in case the operator is needed to be diverted to a more urgent situation or location. If there is to be any delay in responding, the tow operator must notify Vernon Police Dispatch when they receive the initial call.
[Amended 2-22-2016 by Ord. No. 2016-04]
H. 
All operators shall at all times comply with all provisions of the New Jersey Predatory Towing Prevention Act, N.J.S.A. 56:8-1, et seq.
I. 
During daytime hours of 8:00 a.m. to 6:00 p.m., the tow operator and his equipment must be located within a 10 minute drive time to Vernon Police Headquarters. During other hours the operator and his equipment must be located within a 30 minute drive time to Vernon Police headquarters. These times shall be calculated driving at or below the posted speed limits.
[Added 2-22-2016 by Ord. No. 2016-04]
J. 
At no time is any tow operator authorized to exceed any posted speed limit or violate any other motor vehicle law while responding to or return from any incident.
[Added 2-22-2016 by Ord. No. 2016-04]
K. 
Any tow operator who is assigned a spot in the rotation by the Chief of Police must agree that while "on-call" for Vernon Township they will not be "on-call" for any other agency during the same time period.
[Added 2-22-2016 by Ord. No. 2016-04]
[Amended 2-22-2016 by Ord. No. 2016-04]
A. 
A rotating on call list of no less than two (2) and no more than four (4) qualified permittees shall be maintained by the Chief of Police, with the number to be set at the discretion of the Chief of Police. In the event the on-call tow service is not available, the next tow service in the rotation on the tow list will be used to assure fairness. Substitute operators are acceptable, but only tow services on the on call or alternate tow list are allowed absent exceptional circumstances, to be determined by the Chief of Police.
B. 
The Chief of Police may designate up to four (4) alternate tow operators. Alternate tow operators are not part of the tow rotation but may be used as needed. Alternate tow operators are not subject the restrictions set forth in § 518-3F or § 518-6I.
A. 
Day rate shall be from the hours of 8:00 a.m. to 6:00 p.m. Monday thru Friday.
B. 
Night rate shall be from the hours of 6:01 p.m. to 7:59 a.m. Monday thru Friday and on all weekends and Federally recognized holidays.
C. 
Labor rate shall be an added charge when additional services are needed such as: winching, recovery, extensive roadway clean-up of motor vehicle debris, operator waiting time, tree removal, guide rail removal, etc. This rate is chargeable in quarter hour increments with a minimum one half hour allowed.
INITIAL TOW:
[Amended 2-22-2016 by Ord. No. 2016-04]
Day rate tow - $125
Night rate tow - $150
ADDITIONAL CHARGES:
[Amended 2-22-2016 by Ord. No. 2016-04]
Mileage rate (one way) - $4.00 per mile
Labor rate - $80 per hour (when applicable)
Administrative charge - $40
Yard charge - $40
Absorbent charge - $25
Cover vehicle charge - $35
DWI tow - $50 (when applicable)
STORAGE PER DAY:
Motor vehicle outside - $50
[Amended 12-12-2016 by Ord. No. 2016-29]
Motor vehicle inside - $75
[Amended 12-12-2016 by Ord. No. 2016-29]
Motorcycle outside - $25
Motorcycle inside - $35
All vehicles impounded at Vernon Township impound yard shall not be released until the tow company has been paid in full for their services. If the vehicle was impounded at the tow company's yard, the owner of the vehicle must get a release form from the Vernon Township Police Department and then pay the tow company in full prior to the release of the vehicle.
Whenever towing or emergency road service is required, the vehicle's owner or operator may request a specific towing service provided the vehicle does not impede the follow of traffic or present a hazard and provided the requested tow service is available within a reasonable period of time. Depending on the circumstances, the police officer at the scene will make the decision whether to utilize the requested tow service or the on-call tow company.
[Added 12-12-2016 by Ord. No. 2016-29]
The towing permit holder shall provide all towing services free of charge to all Township of Vernon motor vehicles, ten thousand (10,000) pounds or less, within a thirty (30) mile radius. The Township will incur half (1/2) of the initial tow service fee set forth in § 518-8C, for towing of all Township vehicles that are outside a thirty (30) mile radius from the Township/Municipal Building located at 21 Church Street, Vernon and no other charges or fees.