[HISTORY: Adopted by the Township Committee of the Township
of Winslow 5-19-1992 by Ord. No.
O-10-92. Amendments noted where applicable.]
[Amended 10-15-2019 by Ord. No. O-2019-022]
The towing and storage of motor vehicles, abandoned, damaged,
stolen, impounded, or otherwise determined by the Police Department
to require lawful removal and/or storage, within the Township of Winslow
shall be performed by towing operators qualified and licensed pursuant
to the provisions set forth below on a rotating basis without competitive
bid.
[Amended 4-25-1995 by Ord. No. O-19-95; 4-26-2016 by Ord. No. O-2016-007A]
As used in this chapter, the following terms shall have the
meanings indicated:
A private-passenger automobile of a private passenger or
station wagon type that is owned or hired and is neither used as a
public or livery conveyance for passengers nor rented to others with
a driver; and a motor vehicle with a pickup body, or delivery sedan,
a van, or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the owner other than farming or ranching. An automobile
owned by a farm family copartnership or corporation, which is principally
garaged on a farm or ranch and otherwise meets the definitions contained
in this section, shall be considered a private-passenger automobile
owned by two or more relatives resident in the same household.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
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,
including, but not limited to, arriving at the site, 15 minutes' waiting
time, hooking a motor vehicle to, or loading a motor vehicle onto,
a tow truck, situating the motor vehicle in the space in which it
will be stored and such other ancillary services as set forth in N.J.S.A.
56:13-9 and N.J.A.C. 13:45A-31.2, 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.
The canceling of the requested towing vehicle prior to its
arrival on scene.
Items necessary for the proper functioning of a motor vehicle,
including, but not limited to, gasoline, oil, antifreeze, transmission
or brake fluid.
The act of storing and confining a vehicle upon an order
of the Police Department at either the tow operator's storage area
or at a Township facility as a result of abandonment, involvement
in an accident or suspected criminal activity or as otherwise required
and/or provided by law.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles
and that is secured by a locking device on each opening.
All vehicles propelled otherwise than by muscular power,
excepting such vehicles as run only upon rails or tracks, motorized
bicycles, motorized scooters, motorized wheelchairs and motorized
skateboards.
An occurrence in which a motor vehicle or automobile, as
defined herein, is damaged or comes in contact with any other object,
as a result of which the motor vehicle or automobile must be towed
or removed for placement in a storage facility. This includes damage
caused by vandalism, fire, or drunken drivers, but does not include
mechanical breakdowns or impounded vehicles.
An area not indoors secured by a fence, wall or barrier at
least six feet high and continuously lighted at night, with all gates,
doors or entryways secured by locks and all of which shall be within
the jurisdictional boundaries of the Winslow Township Police Department.
An area not indoors that is not secured by a fence, wall,
or other barrier, and to include all other areas not defined as an
inside building and outside secured facility, and all of which shall
be within the jurisdictional boundaries of the Winslow Township Police
Department.
Anything that is not permanently attached to the motor vehicle
so as to be an integral part thereof.
[Added 2-13-2024 by Ord. No. O-2024-002]
Response to a call for aid to a disabled vehicle, including,
but not limited to, a vehicle in need of: consumables, flat tire repair
or replacement, manual unlocking of a vehicle where keys are locked
in the vehicle, pulling from a ditch or snowbank or providing a jump
start.
A chargeable line item for the cleanup of vehicle consumables
when the tow operator is required to apply an absorbent material to
render the roadway safe. This charge is not applicable solely for
the removal of vehicle debris such as plastic, glass and other vehicle
debris.
Starts at 12:01 midnight for a twenty-four-hour period or
fraction thereof.
A person or tow company offering or performing towing services
in accordance with this chapter.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts, under-reach equipment or similar equipment
specifically designed by its manufacturer for towing or recovery of
motor vehicles. All tow vehicles will be registered in the name of
the business on the license.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time includes, but is not limited to, time spent waiting
for EMS to perform necessary services and/or police investigation
of the scene.
Movement of a motor vehicle by the use of a cable and a winch
from a position that is not accessible for a direct hookup by conventional
means. Pulling a motor vehicle onto a tilt bed or carrier, or lifting
a vehicle with a conventional tow sling, does not constitute winching.
[Amended 4-26-2016 by Ord. No. O-2016-007A]
A.
Towing operators performing towing services for the Township of Winslow
shall perform on a rotating basis. The Chief of Police is hereby authorized
and directed to establish a tow truck call list of towing operators
licensed pursuant to this chapter and to establish a system of rotation
in the assignment of tow trucks. Tow agencies will not be permitted
to deviate or swap placement in the rotation without approval from
the Chief of Police. Towing operators shall be assigned duties from
the tow truck call list only. At no time will a tow agency be directly
involved with another tow agency that is in the same tow list. For
example, sharing a business license, sharing tow vehicles or equipment,
sharing storage space and sharing employees.
[Amended 2-13-2024 by Ord. No. O-2024-002]
B.
Inclusion on the on-call tow list shall automatically revoke upon expiration or revocation of the tow operator's license. The Chief of Police may also suspend a tow operator's inclusion on the on-call list for such a period of time as he considers appropriate for violations of this chapter, after a hearing on such violations. Suspensions may be appealed pursuant to the procedures in § 264-11.
C.
All vehicles towed at the request of the Township must be removed
to an approved storage facility unless the owner/operator of the vehicle
specifically requests that it be towed to another destination. The
tow operator can require payment in a normally expected form prior
to completing the tow or immediately after releasing the vehicle at
the requested destination. Any Township police officer at the scene
shall be responsible for making the final determination as to the
towing destination.
D.
Notwithstanding the licensing provisions of this chapter, the owner
of any automobile shall have the right to call any towing service
he so desires whether or not said towing operator is licensed by the
Township, provided that, in the opinion of the police officer in charge,
traffic on the roadway will not be impaired for an unreasonable length
of time and there is no safety risk to the motoring public.
E.
No licensed towing operator or other party shall respond to the scene
of an accident except upon notification by the officer in charge or
upon request of the driver or owner of the disabled vehicle. If the
tow does not or cannot respond within the approved upon twenty-minute
response window, a backup tow agency or operator may be contacted.
Officers will take into consideration weather conditions, road conditions,
heavy traffic, etc., before requesting a backup tow if the primary
tow has not responded in the required time window. The backup tow
agency or operator will be the next agency in the approved rotation
schedule.
[Added 2-13-2024 by Ord. No. O-2024-002]
[Amended 4-25-1995 by Ord. No. O-19-95; amended 9-26-2006 by Ord. No. O-21-06; 5-26-2009 by Ord. No. O-2009-011; 3-26-2013 by Ord. No. O-2013-004; 10-15-2019 by Ord. No. O-2019-022]
A.
In order for a towing operator to be listed on the tow truck call
list, a license is required pursuant to the provisions set forth below.
Each license issued hereunder shall terminate on December 31 of the
year in which it is issued, and each renewal license shall be for
the one-year period of January 1 through December 31.
B.
Specifically exempted from the licensing requirement is the towing,
transporting, conveying or removing motor vehicles from private property
by towing operators who have been privately engaged or designated
by the owner of the vehicle to be so removed.
C.
All applicants for licenses shall pay the sum of $500 at the time
the initial application is filed. This is a nonrefundable fee which
shall be utilized to cover the cost of investigation and review and
shall also be considered to be the fee for the balance of the year
for which the application is filed. Thereafter, the annual fee shall
be in the amount of $300.
[Amended 2-13-2024 by Ord. No. O-2024-002]
Licenses hereunder shall be approved by the governing body of
the Township of Winslow and issued by the Township Clerk. The application
therefor shall contain the following information:
A.
The full name and address of the applicant and, if such applicant
is a corporation, the names and addresses of the officers and directors
thereof, and the registered office and registered agent thereof; or,
if such applicant is a partnership, the names and addresses of all
partners.
B.
The year, make, model and serial number, registration number, and
owner of each tow vehicle which is to be used by the applicant in
responding to calls from the Winslow Township Police Department requesting
the towing and storage of disabled motor vehicles.
C.
The tow vehicle's base of service for each tow vehicle to be used
by the licensed operator.
D.
The location to which the applicant will tow, transport, convey or
remove, and thereafter store, any motor vehicle towed, transported,
conveyed or removed by the applicant pursuant to the provisions of
this chapter.
E.
The specific area at the location referred to above that the applicant
has available for properly storing and protecting disabled motor vehicles.
The applicant shall attach to his application a diagram of its property
showing the secured area (inside or outside secured) intended for
the storage and protection of vehicles removed from the roadway. An
updated diagram will need to be submitted if any modifications are
made.
[Amended 2-13-2024 by Ord. No. O-2024-002]
F.
The place and location where the applicant will maintain an office
at which any person whose vehicle has been towed, transported, conveyed
or removed may obtain information relative thereto, attend to the
payment of any money to be paid in connection therewith and arrange
for any further removal or possession of such vehicle.
G.
A statement that the applicant has sufficient personnel and equipment
to provide twenty-four-hour towing and storage services and is able
to respond to police calls in accordance with the requirements of
this chapter.
H.
A certification that the fees charged will not exceed those set forth
in this chapter.
I.
The name of the insurance company and its address and policy number
showing the limits of coverage required by this chapter, along with
a certification that the Township of Winslow will be added as an additional
insured under the liability provisions of said policy.
J.
A representation that the applicant will execute an indemnification
and hold harmless agreement with the Township of Winslow.
K.
A listing of the applicant's prior towing experience, including the
years in business and other municipalities served.
L.
A list of all drivers (name, address, and date of birth) that will
be engaged in removing vehicles in accordance with this chapter.
[Amended 4-26-2016 by Ord. No. O-2016-007A]
M.
Such other information as deemed appropriate by the governing body
of the Township of Winslow.
[Added 4-26-2016 by Ord.
No. O-2016-007A]
[Amended 4-25-1995 by Ord. No. O-19-95; 4-26-2016 by Ord. No. O-2016-007A; 10-15-2019 by Ord. No.
O-2019-022]
A.
Application forms may be obtained from the Township Clerk, and all
completed applications together with the licensing fee shall be submitted
to the Township Clerk.
B.
All applications shall be investigated and evaluated by the Township
Police Chief or his designee regarding the applicant's background
and qualifications, and a report of the Police Chief's findings and
recommendations shall be submitted to the governing body within 30
days of the receipt of said application. All applicants shall execute
a release for information to be obtained by the Police Chief to complete
the investigation and evaluation.
C.
All applications are subject to review and approval by the governing
body of the Township of Winslow. Only those applicants which are responsible
and qualified pursuant to the provisions of this chapter shall be
approved. All approved applicants shall be required to execute a contract
with the Township of Winslow to provide the towing and storage services
referred to herein.
D.
Storage areas for vehicles towed under the direction of Winslow Township
Police Department, being in the jurisdiction of the Winslow Township
Police boundaries, shall be made continuously accessible to police
officers of the Winslow Township Police Department for the purpose
of investigation, which may include, but not be limited to, searches,
photographs, fingerprint dusting, collection of other evidence and/or
inspections to verify compliance with this chapter. During impoundment
of vehicles, no towing/storage licensee shall allow access to said
vehicle without the express permission of the Winslow Township Police
Department in which jurisdiction said vehicle is impounded and remains
so until properly released.
[Amended 12-15-1992 by Ord. No. O-27-92; 4-25-1995 by Ord. No. O-19-95; 4-25-2000 by Ord. No. O-5-2000; 5-26-2009 by Ord. No. O-2009-011; 4-26-2016 by Ord. No.
O-2016-007A10-15-2019 by Ord. No. O-2019-022; 12-17-2019 by Ord. No.
O-2019-030]
No license shall be issued unless all of the following standards
are met:
A.
Equipment requirement. No license shall be issued to a towing operator
who does not possess, for utilization in this business, the following
tow vehicles and equipment, which tow vehicles and equipment shall
be inspected by the Chief of Police or his authorized representative
prior to a license being issued:
(1)
At least one four-ton tow vehicle with a boom and drum rating of
four tons; a one-hundred-foot-long 3/8-inch diameter cable with a
recommended working limit of at least 3,500 pounds; recommended gross
vehicle weight of truck or chassis of 10,000 pounds; and dual rear
wheels maintained and equipped in accordance with manufacturer's specifications.
(2)
At least one sixteen-ton tow vehicle with two booms and two drums,
with each boom having an eight-ton capacity, and each drum having
an eight-ton capacity, and each drum having a two-hundred-foot long
1/2-inch cable; recommended gross vehicle weight of truck or chassis
of 16,000 pounds; dual rear wheels; heavy-duty truck tow bar air brakes;
connecting air lines for connection with air compressor and air brake
lines of the towed vehicle; two-speed rear axle and differential or
dual transmission or five-speed transmission; two heavy-duty high-test
pickup chains; and heavy-duty truck sling and tow bar. In lieu of
having this piece of equipment in its possession, the licensee shall
supply the Township Clerk with an agreement, in writing, between the
licensee and any other entity, or corporation or person who possesses
this specific equipment that he or it will provide services to the
licensee pursuant to the provisions of this chapter for the term of
the license. This agreement shall provide that the response time shall
be in accordance with the provisions of this chapter and that the
licensee shall assume all responsibility for compliance with the provisions
of this chapter. The licensee shall make provision for the equipment
to be available for inspection at his place of business at the time
and place requested by the Chief of Police or his authorized representative
prior to the issuance of the license. If said agreement shall be canceled
for any reason, the licensee must notify the Township of Winslow within
24 hours.
(3)
At least one flatbed or car carrier with at least a one-car capacity;
wheel chokes; and four tie-down chains or grab hooks.
(4)
At least one vehicle equipped with tie-down equipment for carrying
motorcycles.
(5)
Safety equipment to be carried on all trucks shall include universal
towing sling; tow hooks and chains; one snatch block for 3/8- to 1/2-inch
cable; two high-test safety chains; a four-lamp or three-lamp revolving
amber emergency light with New Jersey state permit; a tool box with
assortment of hand tools; rear working lights and rear marker lights;
cab lights; body clearing lights located to clear the towed vehicle;
a block choke for the tow vehicle while working; safety cones; a shovel
and broom; and a steering wheel lock or tie-down.
(6)
In lieu of having the required equipment in his possession, the licensee
shall supply the Township Clerk with an agreement, in writing, between
the licensee and any other entity, or corporation or person who possesses
this specific equipment that he or it will provide services to the
licensee pursuant to the provisions of this chapter for the term of
the license. This agreement shall provide that the response time shall
be in accordance with the provisions of this chapter and that the
licensee shall assume all responsibility for compliance with the provisions
of this chapter. The licensee shall make provisions for the equipment
to be available for inspection at his place of business at the time
and place requested by the Chief of Police or his authorized representative
prior to the issuance of the license. If said agreement shall be canceled
for any reason, the licensee must notify the Township of Winslow within
24 hours.
B.
Land area. No license shall be issued to a towing operator that does
not satisfy the following requirements for the land used for storage
of towed vehicles and any other premises and/or place of business
utilized by the towing operator, which shall be inspected and approved
by the Chief of Police or his designee prior to a license being issued:
(1)
It
shall be the responsibility of the towing operator to store vehicles,
that are towed at the direction of the Police Department, in a safe
and secure manner, on land that the towing operator owns and/or controls,
in an area dedicated exclusively for the storage of vehicles that
were removed under the provisions of this chapter, consisting of adequate
storage space as determined by the Township.
(2)
If the towing operator owns the required storage area, the application
must be accompanied by a certified copy of the deed for the land,
together with a survey and legal description of the land. These documents
are only required during the initial application, a change of address,
or when requested by the Police Department or the Township.
[Amended 2-13-2024 by Ord. No. O-2024-002]
(3)
If the towing operator has an option to lease land for the required
storage area, a copy of the option agreement, a copy of a survey and
a legal description of the land must accompany the bid. The lease
must extend to at least six months after the expiration date of the
license.
(4)
The survey or surveys that are required above shall have set forth
thereon a certification by the surveyor, indicating the square footage
that exists within the storage area. This only applies to the initial
application unless changes or modifications are made.
[Amended 2-13-2024 by Ord. No. O-2024-002]
(5)
Land that is used for the storage of towed vehicles must be located
within seven (7) miles of the Cedar Brook Fire Department (9 Cedarbrook
Rd, Sicklerville, NJ 08081), must be zoned for such use, and must
be in compliance with all applicable State, County, and Municipal
codes. The land area must be approved by the appropriate Fire Marshal
for the purpose of storing vehicles. Any other premises and/or place
of business utilized by the towing operator shall comply with all
provisions of the Zoning Ordinance, Property Maintenance Code, and
all other applicable laws of the Township of Winslow, or the municipality
wherein the property is located, pertaining to the use or condition
of said premises.
[Amended 8-16-2022 by Ord. No. O-2022-021]
(6)
Within the land used for storage of towed vehicles, the towing operator
will provide secured enclosed storage for a minimum of two vehicles
impounded for the Winslow Police Department's investigatory purposes.
The enclosed storage area shall be continuously monitored by the towing
operator to ensure the integrity and security of the vehicles contained
within and shall only be physically accessible to police or to those
towing operator's employees designated by the Police Department to
have access to the vehicle(s) contained therein. The security of this
area shall include, at a minimum, locks on all access doors/gates,
and any windows around this area shall be of such characteristic that
view of the vehicle(s) stored therein cannot be made from the exterior
of the area. This secured enclosed storage area shall not be visible
to the public or patrons during the course of routine business, this
to ensure the privacy and integrity of the vehicle(s) secured. The
towing operator shall maintain a sign-in log to record each person
who examines/enters the secured storage area. The secured area shall
be well lit, ventilated and provide a minimum of four electrical locations
to permit physical examination of the vehicle(s). Additionally, this
area shall provide ample room to conduct physical examination of the
vehicle(s), and shall be capable of providing a minimum of five feet
of unobstructed space surrounding each vehicle. This secured storage
area shall be able to accommodate up to and including a Class VIII
vehicle. Alternate secured enclosed storage for Class VIII vehicles
may fall outside the six-mile requirement but must be within the distance
of 10 miles of the Cedar Brook Fire Department. This ten-mile requirement
will apply to enclosed storage for Class VIII vehicles only, or with
the approval of the Winslow Township Chief of Police.
(7)
The outdoor storage area must be enclosed by a fence of sturdy construction
that is at least six feet high, including a gate that is capable of
being locked. Adequate security lighting shall be provided to ensure
the integrity of the vehicles contained within.
(8)
The required storage area must be available 24 hours a day, 365 days
per year, and open to the public on weekdays during normal business
hours and limited hours to be approved by the governing body of the
Township of Winslow on Saturdays and Sundays.
(9)
The tow office/reception area shall be an enclosed part of the regular
structure, not a temporary or makeshift attachment, which offers heated
shelter from the elements of weather to the customer and employees
alike.
C.
(Reserved)
D.
(Reserved)
E.
All towing operators shall maintain and produce proof of the following
insurance coverage, with the Township of Winslow named as an additional
insured, with the application when submitted to the Township Clerk:
(1)
Automobile liability in an amount not less than $1,000,000 combined
single limit.
(2)
Comprehensive liability insurance in an amount not less than $1,000,000
per occurrence and $2,000,000 in the aggregate .
[Amended 8-16-2022 by Ord. No. O-2022-021]
(3)
Garage keepers liability in an amount not less than $100,000, both
on hook and for each storage location.
[Amended 8-16-2022 by Ord. No. O-2022-021]
(4)
Garage liability in an amount not less than $1,000,000 combined single
limit.
(5)
Workers' compensation coverage as required by state.
[Amended 8-16-2022 by Ord. No. O-2022-021]
(6)
The
policies shall be endorsed to provide collision coverage for vehicles
in tow.
[Added 8-16-2022 by Ord. No. O-2022-021]
F.
In order to provide the public with prompt and adequate tow truck
service, the licensee must respond within 20 minutes after being summoned.
G.
Employees. No license shall be issued to a towing operator that does
not satisfy the following requirements concerning its employees:
(1)
Towing operators shall subject themselves and their employees to
background investigations and provide the Township with all reports
of said background investigations. Notwithstanding the foregoing,
the Township reserves the right to subject all towing operators and
their employees to background investigations by the Township of Winslow
Police Department.
(2)
It shall be the responsibility of the towing operator to have available
at all times a sufficient number of employees to provide towing and
recovery service for the Winslow Police Department, pursuant to the
terms and conditions set forth herein.
(3)
Drivers who are employed by the towing operator shall be at least
18 years of age and shall maintain a current, valid driver's license
applicable to the vehicle operated. Additionally, the operator shall
maintain a current FMCSA medical certification for the operation of
a Class B or Class A vehicle. The operator employees shall perform
their duties in conformance with all other applicable statutes and
ordinances. A towing operator shall report immediately if a new driver
is hired and submit the required documentation for review and approval.
(4)
It shall be the responsibility of the towing operator to ensure that
his or her employees, including drivers, are competent, efficient,
courteous, and knowledgeable in the legal and technical requirements
of emergency towing and/or recovery of vehicles and fully trained
and knowledgeable in the operation of all required equipment. A program
of continuing in-service training for driver operators is encouraged,
as is national certification (TRAA Level I, II, III).
(5)
It shall be the responsibility of the towing operator to ensure that
all tow truck drivers and employees, who respond to incident scenes,
receive training in the recognition of and the response to hazardous
materials.
(6)
Towing operator employees shall be outfitted in a standard uniform
and be equipped with DOT ANSI Class III approved safety vests while
involved in a removal/recovery operation. Each uniform shall prominently
display the towing operator name and the name of the employee. Each
employee shall maintain a professional appearance while providing
services to the Township of Winslow.
H.
All billings for towing and storage services shall be itemized for
the services actually rendered pursuant to the fee schedules set forth
herein. A copy of the fee schedule set forth in this chapter and contact
information of the Winslow Police Department shall be available to
the public in the form of a prominently displayed sign at the towing
operator's place of business during normal business hours. The sign
shall be approved by the Police Department prior to displaying. No
towing operator may refuse to accept for payment in lieu of cash or
insurance company check for towing storage services a debit card,
charge card, or credit card if the towing operator ordinarily accepts
such cards at his place of business, unless such refusal is authorized
pursuant to N.J.S.A. 56:13-4 where the operator has a bona fide reason
to believe the card or other identification is fictitious, altered,
stolen, expired or revoked or not valid for any other cause or is
clearly offered with intent to defraud the issuer or the motorist
is unable to produce additional identification as requested by the
operator. Nothing in this chapter shall preclude payment by a motorist
in the form of check or money order, if this form of payment is acceptable
to the operator.
I.
Licensed towing operators agree to defend, indemnify and hold harmless
the Township of Winslow for any and all suits, judgments, costs, expenses,
including attorneys' fees, and claims on account of breach of contract,
damaged property, or personal injuries, including death, arising out
of or in any way connected with the towing and storage services to
be provided.
A.
The governing body hereby designates the Police Department generally
and the Chief of Police in particular as the supervising authority
to enforce the provisions of this chapter as well as the rules and
regulations adopted hereunder.
B.
Each licensed towing operator shall at all times maintain the necessary
equipment to remove disabled vehicles as required by this chapter.
Each towing operator, prior to departure from the scene of towing
services, shall clean and clear the streets of any customary debris
resulting from any motor vehicle accident at such scene and shall
at all times carry the necessary equipment to perform said cleaning
services.
C.
Refusal to tow an abandoned or stolen motor vehicle or at the scene
of a motor vehicle accident may result in the disqualification of
any towing operator, and a report of said refusal shall be furnished
to the Chief of Police and the Township Clerk by the investigating
officer at the scene of the accident, as soon as possible.
D.
If the licensee summoned is unable to respond within the time constraints
specified in this chapter, he shall so notify the individual requesting
the service, and the next-named towing operator on the tow truck call
list shall be called to respond.
E.
No towing operator operating pursuant to the license issued hereunder
shall employ, either directly or indirectly, any personnel or employees
of the Police Department.
[Amended 4-26-2016 by Ord. No. O-2016-007A]
F.
All licensed towing operators shall be required to maintain the licensing standards set forth in § 264-7.
[Amended 4-26-2016 by Ord. No. O-2016-007A; 10-15-2019 by Ord. No. O-2019-022]
G.
An individual whose motor vehicle has been towed and/or stored has
the right to retrieve any of his or her personal property therefrom,
even when said motor vehicle is within the possession of the towing
operator. An individual seeking the retrieval of any person property
shall arrange with the towing operator to obtain said items and shall
be required to execute a receipt therefor. The towing operator shall
maintain copies of all said receipts. Vehicle registration plates
are not considered personal property and will remain on the vehicle
until restitution is made to the tow agency. A gate access fee will
be applied.
[Amended 2-13-2024 by Ord. No. O-2024-002]
H.
The Township of Winslow reserves the right to review the qualifications
of any personnel employed by the towing operator at any time.
I.
The towing operator and any of its employees are independent contractors
and they do not represent nor are they employed by the Township of
Winslow.
J.
The towing operator shall at all times be responsible for the conduct
of its employees and shall be liable to the Township of Winslow and
the owners of any motor vehicles towed or stored by the towing operator
for any injuries, damages or costs incurred as a result of the conduct
of said employees.
K.
All towing operators shall comply with all state and federal laws
and regulations concerning the hiring of employees, their wages, hours
and terms of employment.
L.
The Township of Winslow is not liable for any of the services performed
by the contractor unless those services are performed for municipal
vehicles. The contractor shall proceed directly against the individual
owner of the motor vehicle for all fees and charges incurred.
M.
No licensed towing operator shall pile or store vehicles on public
streets or sidewalks.
N.
Each towing operator shall maintain a record of all vehicles towed,
including the date towed, where the vehicle was stored, when the vehicle
was released, and the fees charged, together with any and all other
services rendered. Said records shall be maintained at the principal
place of business of the towing operator as set forth on the application,
and said records shall be maintained for a minimum of three years.
A.
The fees for basic towing services, road service and/or storage shall
not exceed the following fee schedule:
[Amended 5-26-2009 by Ord. No. O-2009-011; 12-16-2014 by Ord. No. O-2014-029; 4-26-2016 by Ord. No. O-2016-007A; 2-13-2024 by Ord. No. O-2024-002]
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Road Service
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Cars - light (GVWR 10,000 pounds or under)
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$100 per hour plus parts
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Trucks - medium/heavy (GVWR over 10,000 pounds)
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$150 per hour plus parts
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Towing - Basic
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Light duty - GVWR 10,000 pounds or under/MC
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Hook-up: $155
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Medium duty - GVWR 10,001 to 16,000 pounds
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$350 per hour
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Heavy duty - GVWR 16,001 pounds or greater
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$650 per hour
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Decoupling fee (if tow is not performed)
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1/2 of basic rate
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On-Hook Mileage
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Light duty/medium/heavy
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$5 portal to portal
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Recovery/Winching (in addition to tow per truck including
driver)
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Light duty - GVWR 10,000 pounds or under/MC
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$150 per hour
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Medium duty - GVWR 10,001 to 16,000 pounds
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$350
|
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Heavy duty - GVWR 16,001 pounds or greater
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$650
|
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Specialized Recovery Equipment (or refer to current year
GSTA rates)
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Rotator/crane recovery unit
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20% above subcontracted/equipment rental
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Tractor with landoll trailer or detach trailer
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20% above subcontracted/equipment rental
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Tractor/transport hauler only
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20% above subcontracted/equipment rental
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Any other specialized equipment
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20% above subcontracted/equipment rental
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Labor - all labor minimum of 1 hour
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1 certified tow operator/1 truck
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First 1/2 hour is free; the second 1/2 hour and each hour thereafter
will be $75
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Additional cost for extra truck and manpower to help with towing
service; minimum charge, with documentation
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$100
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Storage — per calendar day (inside rates two times
outside rate)
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Cars - light
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$50 per day
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Trucks — medium/heavy
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$125 per day
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Cargo/accident debris/load storage/vehicle components
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$50 per space per day
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Additional Services/Notes
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Fuel/hazmat/cargo spills/clean up and disposal
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Time and material
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Hazmat and trash recovery
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10% surcharge
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Subcontractor mark-up
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20%
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Gate fee after hours
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$50
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Administrative fee
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$50 for light/MC; $100 for medium/heavy vehicles
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Collision wraps or tarping
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$65
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Lot removal fee
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$40
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Gate access fee (adjusters, personal property)
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$25
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Yard Hours
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Monday through Friday 8:00 a.m. to 5:00 p.m.
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Saturday 8:00 a.m. to 12:00 noon
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Sunday and holidays: closed
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B.
Notwithstanding any fee set forth in § 264-9A above, when a vehicle is abandoned due to the death or incapacitation of the driver or any passenger, a storage fee of no more than $100 shall be charged for the first 72 hours after the vehicle is placed on the premises.
C.
On Sundays and holidays, all storage fees will apply unless access
is denied by the tow agency, after obtaining the vehicle release.
Such denial will be made to law enforcement on behalf of the customer.
If access is denied to law enforcement, the customer will not be charged
for that day's storage.
[Added 2-13-2024 by Ord. No. O-2024-002]
D.
(Reserved)
E.
A licensed towing operator may petition the governing body of the
Township of Winslow for permission to charge fees other than as set
forth herein for the towing and storing of motor vehicles other than
automobiles as defined above. Said fees must be approved by resolution
of the governing body, shall be valid for a minimum period of one
year or until modified by the governing body, and must be on file
with the Township Clerk and at the principal place of business of
the towing operator and available to the public during normal business
hours.
F.
Towing operators may charge additional fees for nonbasic towing services
involving the recovery of an automobile from a position beyond the
right-of-way or berm or from being impaled upon any object within
the right-of-way or berm. A schedule of said additional fees shall
be attached to the license application and shall be subject to approval
by the governing body.
G.
Storage charges per twenty-four-hour period shall start at 12:01
midnight for a twenty-four-hour period or fraction thereof. No storage
charge shall be imposed for any day the yard is closed, such as Sundays
or holidays.
H.
Towing rates shall be calculated based on the total distance traveled
from the Township vehicle's base of service to the motor vehicle to
be towed and to the storage area by way of the shortest route available.
Fractions shall be rounded up to the nearest whole mile. There shall
be no additional charges to the vehicle owner when picking up or removing
a vehicle from the storage area, or for flatbedding, waiting time,
winching, cleanup costs, and additional labor.
I.
The Township Clerk and each licensed towing operator shall have available
at the Municipal Building and the principal place of business of the
towing operator a copy of the fee schedule guidelines and shall make
same available to the public during normal business hours.
J.
Every tow operator shall give the owner of the vehicle a written
receipt for the fee paid. Credit cards shall be accepted as an acceptable
form of payment for services under this chapter.
K.
Every operator or owner of a tow vehicle shall comply with any request
of the owner of a towed vehicle, including, but not limited to, the
towing of the vehicle to another location within the Township of Winslow
or neighboring jurisdictions designated by the driver, owner or police
officer, and the payment of fees may be required by the tow operator.
The request to tow to an alternate location must not conflict with
any order or investigation from any member of the Police Department
acting in his official capacity. Any disputes as to the towing destination
shall be resolved by the responding and/or on-scene police officer
or a Police Supervisor.
L.
The owner of said automobile which has been towed pursuant to this
section shall be permitted to recover items of personal property in
the vehicle at the time it was towed. However, said owner shall not
be permitted to remove from the vehicle any integral part of the vehicle,
whether attached to the vehicle or not, including, but not limited
to, batteries, tires and license plates.
M.
A flat $100 charge shall be charged to the Township for towing, storage
or other services provided to the Township, its vehicles or emergency
fire and rescue vehicles or for any vehicle used in the commission
of a crime, provided that said vehicle is located within the Township
of Winslow. Such vehicles located outside of Winslow Township will
be charged the $100 fee plus mileage (portal to portal).
[Amended 2-13-2024 by Ord. No. O-2024-002]
[Amended 4-26-2016 by Ord. No. O-2016-007A; 10-15-2019 by Ord. No. O-2019-022]
A license may be denied, suspended or revoked upon any of the
following grounds after an appropriate hearing in accordance with
the terms of this chapter:
A.
Submitting a fraudulent or misleading application.
B.
A criminal conviction of the towing operator or a named principal
of the towing operator.
C.
Failure to respond reliably and promptly to calls for assistance
or any other action which interferes with the proper operation of
the rotating system maintained by the Police Department.
D.
A licensed towing operator's failure to respond within 20 minutes
after being summoned on three separate occasions shall be cause to
suspend said towing operator's license until December 31 of the year
in which said license was issued.
E.
Violations of motor vehicles laws and/or municipal ordinances.
F.
Failure or refusal to tow or remove a motor vehicle when requested
to do so by an appropriate municipal official.
G.
Violations of the Zoning Ordinance, Property Maintenance Code, or
any other applicable ordinances or codes of the Township of Winslow
pertaining to the use or condition of the premises used by the licensee
in conducting the towing business.
I.
Violation of any other provision of this chapter, including, but
not limited to, any of the rules and regulations set forth herein,
and/or violation of any other applicable provision of the Code of
the Township of Winslow.
A.
Proceedings for the suspension or revocation of a license shall be
initiated by the service of a notice of charges filed against the
licensee. Said notice shall be served by the Chief of Police or his
designee, either personally or via certified mail, return receipt
requested, and shall contain a date, time and place for a hearing
to be held by the governing body of the Township of Winslow. Said
hearing shall be scheduled no less than seven days, nor more than
30 days, after the notice of the proposed suspension or revocation
shall be served upon the licensee. The licensee shall have the right
to file an answer to the notice and to appear in person, or be represented
by counsel, and give testimony at the place and time fixed for the
hearing.
B.
When an application for a license is denied by the Township of Winslow,
the applicant may request a hearing on said application by the service
of a notice requesting a hearing. Said notice shall be served on the
Township Clerk, and at the next regularly scheduled meeting of the
governing body a hearing date shall be set, which shall be no less
than seven days, nor more than 30 days, from the date scheduled.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or to imprisonment in the county jail for a term not exceeding six months, or both. These penalties shall be in addition to and separate from any action taken by the Township of Winslow pursuant to § 264-10 hereof.
