[HISTORY: Adopted by the Merchantville Borough Council 8-14-2000 by Ord. No. 00-06. Amended 5-29-2007 by Ord. No.
07-08. Amended in its entirety 8-9-2010 by Ord. No. 10-10. Subsequent
amendments noted where applicable.]
A.
The purpose of this chapter is to secure towing, recovery, and storage
services for motor vehicles that are:
(1)
Standing in violation of current laws or ordinances, and/or that
pose a safety hazard or a security risk, under circumstances where
the owner or the operator is incapable of or unwilling to relocate
the vehicle; or
(2)
Abandoned on public or private property; or
(3)
Recovered stolen, and unable to be immediately claimed by the rightful
legal owner; or
(4)
The instrument or fruits of a crime; or
(5)
Otherwise determined by the Police Department to require lawful removal
and/or storage.
B.
This community caretaking function, which is administered by the
Police Department, requires a high degree of competence, integrity,
reliability, expertise, and responsible business ethics on the part
of the towing operator (hereinafter, "operator"). Accordingly, the
specifications contained herein are designed to secure the services
of a professional, emergency towing/recovery contractor, at a competitive
and reasonable cost, while protecting the property rights and financial
interests of vehicle owners.
A.
As used in this chapter and unless otherwise indicated by the context,
the words or terms herein shall have the meanings indicated. When
not consistent with the context, words used in the present tense shall
include the future tense; words in the plural number shall include
words in the singular number and words in the singular number include
the plural number.
B.
BOROUGH
CHIEF OF POLICE
CRUISING
IMPOUND AREA
PERSON
SHALL
STORAGE FACILITY
TOWING LIST
TOWING OPERATOR
TOWING SERVICE
WRECKER
As used in this chapter, the following terms shall have the meanings
indicated:
The Borough of Merchantville.
The Chief of the Police of the Borough of Merchantville.
The operation of an unengaged wrecker along a public street
at a slow rate of speed or in any fashion calculated, designed or
having the effect of soliciting towing business on a public street.
The fenced-in area specifically used by a tower, on the approved
towing list of the borough, for storage of towed vehicles. Not more
than two (2) "impound areas" may be contained with each one-half (1/2)
acre of any one (1) storage facility.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
Shall is always mandatory and not merely directory.
A storage lot or storage area, and shall mean the location
within two (2) miles of the geographic boundary of the Borough of
Merchantville, consisting of a minimum of one-half (1/2) acre and
used for storage of vehicles towed by towing operators on the list
approved by the borough.
The list of towing operators and wreckers maintained by the
Police Department under the direction and supervision of the Chief
of Police to provide, on a rotating basis, towing service and storage
at the request or call of authorized personnel or members of the Police
Department in cases of emergency, accidents involving motor vehicles
and for disabled, abandoned or illegally parked, operated vehicles.
A person engaged in the business of offering towing services,
whereby damaged, disabled, illegally parked, operated or abandoned
motor vehicles are towed or otherwise removed from the places where
they are damaged, disabled, impounded or abandoned by use of a wrecker,
tow truck or other vehicles designed for that purpose.
That service performed, rendered or provided by towing, removing,
transporting or conveying any kind of vehicle which is or has been
damaged, abandoned, impounded, disabled or otherwise unable to be
moved under its own power, for which a charge is made against the
owner or operator of the vehicle.
A vehicle designed and equipped for removing and transporting
wrecked or disabled vehicles. This term shall also include a flatbed,
tow truck or other vehicle used for or to perform towing services.
The Chief of Police shall establish and maintain a list of qualified
towing operators who shall be issued licenses to provide, on a rotating
basis, towing services at the request of the Merchantville Police
Department. Towing operators on the list will be scheduled and treated
equally and fairly.
To be placed on the towing list, towing operators shall be qualified
and required to apply for and hold a license to perform towing services
at the request or call of the Police Department. The license shall
be issued to all qualified towing operators approved by the Chief
of Police to be placed on the towing list. Said license shall be subject
to annual renewals by the Chief of Police on April 1 of each year.
Prior to issuance of any license or renewal, the Chief of Police shall
cause an inspection to be made of the required storage facility and
towing equipment to verify compliance with this chapter and all other
applicable federal, state and local laws, ordinances, rules and regulations.
A.
Applications for licenses hereunder shall be submitted to the Chief
of Police upon forms prepared and made available by the borough. The
application form shall be properly completed, signed and accompanied
by the application and license fee. The Chief of Police shall investigate
and review all applications for compliance with the terms of this
chapter and minimum standards of operator performance mandated by
statute. The background and driving records of all applicants and
employees shall be checked by the Police Department.
B.
Among other things, the applications shall contain:
(1)
The name of the applicant, with both the home and business address
of the applicant as well as home and business telephone numbers.
(2)
A statement whether applicant is an individual, firm, partnership,
association, corporation, company or other type of entity.
(3)
The names and addresses of all persons owning an interest in the
applicant and, if a corporation, the names and addresses of all officers
and stockholders with the interest held by each.
(4)
The names of all employees, with their drivers' license and
social security numbers.
(5)
The description of all vehicles and equipment to be used in providing
towing service, setting forth the year, make, model, serial number,
license and registered owner of each vehicle.
(6)
The location within five (5) miles of the geographic boundary of
the Borough of Merchantville wherein the equipment is maintained and
stored; the name and address of the owner, lot and block number and
size of storage facility or impound area.
The application and license fee under this chapter shall be
one hundred dollars ($100.). The annual renewal fee shall be in the
amount of fifty dollars ($50.)
The following minimum standards shall be required of all operators
seeking to be placed on the towing list with the borough for towing
and storage services:
A.
Equipment.
(2)
Wreckers used by the operator must be of such construction to tow
any type of vehicle and to pass inspection of the Borough Police Department.
(3)
Each vehicle shall be equipped with a shovel, broom and any other
equipment necessary to clean up broken glass, oil and other fluids
and any other debris from the scene of an accident. It shall be the
operator's responsibility to clean up such debris if requested
to do so by any officer of the Borough Police Department at the scene
of the accident, at no cost to the vehicle owner, driver or representatives.
(4)
Wreckers shall be maintained in good condition, comply with all applicable
provisions of N.J.S.A. 39:1-1, et seq., be available twenty-four (24)
hours a day and be identified on each side with the name and address
of the operator. There shall be no marking on wreckers indicating
affiliation with Police Department, such as "official police towing."
(5)
At the time of submission of its bid, the operator shall submit to
the borough satisfactory proof of ownership of the required number
of wreckers necessary to meet the borough's requirements.
A.
Abandoned vehicles. Any vehicle of any size, in any condition, left
anywhere within the borough limits upon any street or public right-of-way,
public easement, public avenue, alley, thoroughfare, or public or
quasi-public places including parks and playgrounds, without a current
registration, vehicle identification plates, insurance, determined
abandoned by the Police Department pursuant to 39:4-56.5, etc. and
all vehicles as defined by N.J.S.A. 39:10A-1. When the borough obtains
a Court Order from a Municipal Judge to remove a vehicle from private
property, the vehicle will be deemed to be abandoned for purposes
of this section and the requirements of this section shall apply.
B.
Disabled vehicle. Any vehicle left anywhere within the borough limits
due to its inability to operate resulting from motor vehicle accident
or mechanical failure.
C.
Impounded vehicle. Any suspected stolen, unregistered, unsafe vehicle
or a vehicle involved in criminal investigation on which a "HOLD"
has been placed by the Police Department.
D.
Otherwise determined by the Police Department to require lawful removal
and/or storage.
E.
General procedures.
(1)
Operator shall be notified by the Department of Police for the removal
of all vehicles whether considered abandoned, disabled or impounded.
Operator must arrive prepared to remove all vehicles within twenty
(20) minutes of notification, unless otherwise specified by the Police
Department. If the operator fails to respond within the allotted time,
the borough may, within its discretion, notify another vendor to effect
immediate removal and towing of vehicles. Any towing charges assessed
by the vendor to the borough shall be passed on to the operator.
(2)
Operator must be available for removal and storage of vehicles twenty-four
(24) hours a day, seven (7) days a week, including the removal of
abandoned vehicles.
(3)
In the event that the owner of a vehicle also arrives at the scene
to which operator has been summoned, with approval of the Police Department
the owner shall be allowed to remove the vehicle at no expense to
himself or the borough.
(4)
In the event operator is required to perform additional unspecified
services in furtherance of its obligations hereunder, such services
shall be provided at reasonable cost. Such services shall not affect
the basic towing and storage charges outlined in these specifications.
Such services and the costs to be charged therefore shall be reported
and supplied to the borough forty-eight (48) hours before the performance
of these services. The borough shall have the right to discontinue
any additional unspecified service it deems not to be in furtherance
of this chapter.
(5)
The borough shall have the exclusive right to define what constitutes
"motor vehicle" for purposes of this chapter. Anything deemed by the
borough at its sole discretion not to be a "motor vehicle" may be
removed or in any other way dealt with by the borough without compensation
to the operator.
(6)
The borough shall have the exclusive right to determine what constitutes
a "salvage" vehicle for the purpose of this chapter. The borough shall
have the exclusive right to determine what constitutes a "scrap/shredder"
vehicle for the purpose of this chapter.
(7)
In the event that a vehicle has been wrongfully removed pursuant
to this chapter, the vehicle shall be returned to the owner at no
charge. On occasion, operator will be required to tow certain wrongfully
removed vehicles back to the initial towing site. In the event the
Police Department authorizes the impounding of any vehicle for investigation
from the "victim" of a crime or offense, said vehicle shall be returned
to the owner upon completion of the investigation at no charge to
the victim.
(8)
Any municipal owned vehicles shall be towed free of charge.
(9)
Operator shall change flat tires on any borough owned vehicle, free
of charge, when requested by the borough.
(10)
Operator must accept all major credit cards for all towing services
and associated costs.
A.
All vehicles removed pursuant to this chapter must be stored at the
operator's storage facilities, with the following exception:
On occasion, operator will be required to tow certain vehicles, which
are involved in criminal investigation, or other investigations to
a designated facility for further investigation, at no charge to the
borough.
B.
All vehicles removed pursuant to this chapter shall be stored in
a separate holding area of operator's storage facilities. Only
vehicles towed pursuant to this chapter shall be stored in said holding
area and there shall be no co-mingling of these with any other vehicles.
Within this designated area, abandoned or disabled vehicles shall
be separated from impounded vehicles. Impounded vehicles shall be
stored in a separate, enclosed, secure facility which shall be able
to provide space for a minimal of two (2) vehicles towed for criminal
investigation. There shall be no additional charge for inside storage,
if required.
C.
All vehicles removed pursuant to this chapter shall be stored according
to the month in which they were towed and shall be marked appropriately
on the windshield.
D.
Operator shall be responsible for each vehicle in his storage area,
including but not limited to damage or theft, until final disposition
or removal is ordered by the borough. All vehicles, regardless of
condition, must be stored singly and so arranged to permit inspection
and subsequent removal if necessary. Adequate walkway inspection space
must be provided at all times.
E.
The owner of any vehicle towed shall have the right to remove property
belonging to him from the stored vehicle at no cost to the owner unless
a "Police Hold" is marked on tow form. Vehicle owner or his representative
shall have the right to take photos of a stored vehicle for insurance
purposes at no cost to the vehicle owner or his representative. Any
property removal disputes will be referred to the police department.
F.
All valuables found in vehicles, such as jewelry or currency, shall
be turned into the Police Department. After-market items such as audio
equipment, auto accessories shall be stored and inventoried by the
operator.
G.
All vehicles and/or property stored pursuant to this chapter shall
be produced no later than two (2) hours upon demand by the Police
Department.
A.
Release of vehicles to owners or lien holders.
(1)
No vehicle shall be released to either owners or lien holders without
a "Police Release form." Vehicles shall be available for release between
9:00 a.m. to 5:00 p.m., Monday through Friday, and 9:00 a.m. to 12:00
Noon, Saturday, except for legal holidays. It shall be the responsibility
of the Borough Police Department, to notify the owners of vehicles,
when known, when vehicles are turned over to the operator for removal
and storage. Additionally, the operator shall notify in writing, the
owner(s) and lien holder(s) of the location of the vehicle and all
costs associated with its removal.
(2)
Upon the release of a vehicle to its owner or lien holder, all ownership
rights and responsibilities shall revert to the owner or lien holder.
The borough shall not be liable for daily storage fees for any day
following the date of release, whether or not the owner actually reclaims
possession of the motor vehicle from the operator. Operator shall
not impose any additional charges upon an owner or lien holder which
are not expressly indicated. All vehicles shall be released by operator
upon receipt of a police/vehicle release form from the Police Department.
(3)
The Borough Police Department shall notify the operator of all released
vehicles stored at the operator's storage facilities pursuant
to this chapter. However, any failure to provide such information
cannot be used as a basis for liability against the borough.
(4)
The operator shall notify the borough of any released vehicle which
remains unclaimed by the owner by way of a monthly written report.
B.
Disposal by public sales.
(1)
Pursuant to state law, abandoned and disabled vehicles may be disposed
of after remaining unclaimed for a period of thirty (30) days and
may be sold at public auction. Impounded vehicles must be held for
a period of at least ninety (90) days prior to sale at public auction.
(2)
Prior to each sale, all vehicles to be sold shall be numbered by
the operator for identification purposes.
(3)
The operator shall be required to complete all necessary documents
to obtain the appropriate titles for the vehicles. Each sale shall
be advertised as required by law and the advertisement shall state
the date of the sale, the lowest minimum bid for each vehicle and
the towing and storage fees accrued up to the date of sale. The operator
shall be responsible for all costs associated with advertisement fees
and any fees necessary to obtain junk titles.
(4)
It shall be exclusively within the authority of Borough of Merchantville
to determine which vehicles are exposed to public sale. The operator
is required to have all vehicles advertised for sale available for
inspection and sale in accordance with the public advertisement. Operator
shall make said sale vehicles available to the public for inspection
one (1) hour prior to the scheduled sale time.
(5)
Operator shall be entitled to reimbursement, from the successful
purchaser, for the towing fee plus accrued daily storage fees in accordance
with the fee schedule as set forth in the corresponding resolution.
The daily storage fees shall commence the day of the tow and shall
end the day of the public sale of the vehicle.
(6)
Operator shall furnish the borough in advance of each public sale,
the amount of operator's lien calculated to the date of the sale.
Failure to do so shall be deemed a waiver by the operator of the right
to enforcement of said lien.
(7)
Each successful purchaser at the public sale shall reimburse the
operator for accrued towing and storage fees for the vehicle he/she
purchases. The remainder of the purchase price, if any, shall be paid
to the borough by the successful purchaser. All monies will be collected
by the operator and turned over to the Borough.
(8)
Operator may participate in the public sale as a bidder.
(9)
The borough will not be responsible for charges due and owing the
operator from a claimant or purchaser of a vehicle, nor will it assist
the operator in collecting such charges.
(10)
Any monies received by the borough upon sale of any property
pursuant to law shall be the property of the borough and shall not
be subject to any charges, claims or liens by the operator, his agent,
or servant.
(11)
The borough reserves the right to retain possession of any vehicles
or vehicle parts, ownership of which the borough has obtained pursuant
to N.J.S.A. 40A:14-157 and N.J.S.A. 39:10A-1, needed for municipal
purposes. The borough shall not be assessed any towing or storage
charges for these vehicles.
(12)
It shall be exclusively within the authority of the borough
to sell some, or all, vehicles in multiple lots rather than individually.
Salvage vehicles shall be sold as a lot only auction.
(13)
The borough shall hold public sales at its discretion and shall
not be liable for any expenses incurred by operator as a result of
failure to hold sales.
C.
Disposal of scrap/shredder vehicles. The operator shall dispose of
all vehicles which have been determined to be scrap/shredder vehicles
by Borough of Merchantville shall not be reimbursed by the borough
for any towing and storage fees for any scrapped/ shredder vehicle
and/or stored pursuant to this chapter.
A.
Operator shall maintain a record of all property found anywhere in
a towed vehicle, including the trunk and glove compartment, if open
or key available, and shall be responsible until claimed by owner.
B.
Operator shall maintain records of all vehicles towed, stored, and
released by him under this chapter, as well as all services rendered
pursuant to this chapter including additional unspecified services
performed in furtherance of operator's obligations hereunder.
Records shall be kept for a period of seven (7) years.
C.
The Chief of Police, or his designee, shall have access to any part
of the storage area at any time of the day or night, for inspection
purposes, including both indoor and outdoor area.
D.
Authorized representatives of the Department of Police, shall have
access to any of the records required to be kept by the operator.
These representatives will include the Chief of Police, Detective
Sergeant, or any other person designated by the Chief of Police or
Mayor.
The fee schedule or charges established for the towing and road services by towing operators on the rotating borough list maintained by the Borough of Merchantville Police Department under the direction of the Chief of Police and for storage in conjunction therewith, shall be adopted by Resolution of the Borough Council of the Borough of Merchantville, with reference to this Section of Chapter 84.
A.
In addition to the other services herein outlined, the operator will
be required to furnish extra towing equipment and service during storm
periods, periods of snow emergencies, traffic emergencies, disasters,
etc., and for any other reason when so designated by the Mayor and/or
Chief of Police, or their duly authorized representatives. During
such periods which are herein referred to as standby periods, the
operator shall be required to furnish adequate equipment and service
to be held ready to remove passenger vehicles, trucks, tractor trailers
and other heavy vehicles and equipment.
B.
Standby service will begin when the Chief of Police, or his authorized
designee, calls the operator initially and will end when he terminates
the standby status by calling the operator.
C.
The Borough reserves the right, during any emergency, to designate
temporary areas owned or leased by the Borough for the storage of
disabled vehicles to said area at the direction of the Chief of Police.
D.
During said emergencies, the operator shall be entitled to make regular
charges to the owners of the vehicles so removed and where storage
space is made available by the operator, the operator shall be entitled
to charge the owner of the vehicle the lawful daily storage charge
in addition thereto.
Every licensed towing operator called by the Police Department
shall keep a record of the name and address of the owner of the towed
vehicle and shall file reports as required by the Chief of Police
which shall include but not be limited to itemized towing and storage
charges per vehicle.
Any person who violates any provision of this chapter may be
removed from this towing list and, in addition, upon conviction, shall
be subject to a fine of not more than one hundred dollars ($100) for
each offense. Each violation shall constitute a separate offense and
shall be charged as a separate offense.
Any towing operator on the towing list who fails to properly
respond to calls in the established response time, fails to provide
adequate service or otherwise violates the terms and provisions of
this chapter, falsifies any information with regard to his application
or violates the Department of Insurance rules shall be subject to
license termination by the Chief of Police.