The following words and terms, when used in this ordinance shall
have the following meaning, unless the context clearly indicates otherwise:
AUTOMOBILE
A private passenger automobile of a private passenger or
station wagon type that is owned or hired, a motor vehicle with a
pickup body, or delivery sedan, a van, or a panel truck or a camper
type vehicle.
BASIC TOWING SERVICE
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,
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 of berm.
INSIDE BUILDINGS
A vehicle storage facility that is completely indoors, having
one (1) or more openings in the walls for storage and removal of vehicles
and that is secured by a locking device on each opening.
OUTSIDE SECURED
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six (6) feet high and is installed with a passive alarm system or
a similar on-site security measure. The facility is to be lighted
at night.
OUTSIDE UNSECURED
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
STORAGE CHARGES FOR 24 HOUR PERIOD
The maximum allowable amount to be charged by a storage facility
for a twenty-four (24) hour period or fraction thereof. A new twenty-four
(24) hour period begins at 12:01 A.M.
[Amended 3-15-99 by Ord. No. 1999-13]
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles.
[Added 3-15-99 by Ord. No. 1999-13]
The Chief of Police shall establish a list of persons or firms
who shall be utilized by the Police Department of the Township of
Barnegat to provide towing and wrecking services for abandoned or
wrecked vehicles. The list shall be comprised of a maximum of five
(5) operators. The Chief of Police shall also establish and maintain
a waiting list for operators in the event the number of authorized
operators exceeds five (5), or if there needs to be a person or firm
to replace one (1) of the five (5) operators. The placement on the
waiting list shall be based on the date of the filing of the application
by the person or firm wanting to be used by the Police Department
for towing and wrecking services.
No person or firm shall operate a towing business within the
Township of Barnegat without having first obtained a license authorizing
the operation of such business under the provisions of this ordinance.
Application of the issuance of licensing for the purpose of
this ordinance shall be made by the person or firm engaged in the
towing or wrecking operation. This application shall be made on forms
furnished by the Township Clerk with an application fee made payable
to the Township of Barnegat in the amount of one hundred dollars ($100.).
There will be a one hundred dollar ($100.) license fee upon the awarding
of the same. The application shall contain the following information:
A. The full name and address of the applicant. If the application is
made for a partnership or corporation it shall state the names and
addresses of all partners, officers and directors of the corporation
or partnership along with the registered agent and registered office
address.
B. The year, make, model and registration number of each towing vehicle,
flatbed or other vehicle to be used by the applicant in connection
with the towing business. The towing vehicle may not be permitted
to display dealer plates.
C. The address where any such towing vehicle, flatbed or other vehicle
shall be garaged.
D. The address and description of the storage facility to be used by
the applicant for the storage of towed vehicles.
E. A copy of the certificate of insurance evidencing that the applicant
has obtained insurance for all towing vehicles, flatbed or other vehicles
in policy limits of no less than one hundred thousand dollars ($100,000.)
for a single accident for a personal injury and one million dollars
($1,000,000.) per accident for property damage. Each applicant shall
have garage keeper's liability insurance in an amount not less
than one million dollars ($1,000,000.) per location and garage liability
insurance in an amount not less than one million dollars ($1,000,000.)
single limit. Each applicant shall also meet the requirements of New
Jersey Workers' Compensation laws. The Township of Barnegat shall
be named as an insured with regard to each of the insurance policies
with the exception of workers' compensation insurance.
Each applicant shall be required to execute an indemnification
agreement in a form satisfactory to the Township Attorney which shall
fully indemnify the township or any of its agents, servants or employees
with respect to the applicant's activities under this ordinance.
[Amended 5-17-10 by Ord. No. 2010-10]
All equipment must meet applicable state standards, and the
township reserves the right to make periodic unannounced inspections
of vehicles, equipment, storage area and personnel. In addition, each
wrecker shall have at a minimum the following equipment:
A. One (1) large broom and shovel.
B. One (1) set of dolly wheels.
C. Steering wheel lock for towing vehicles from the rear.
D. Emergency warning lights.
F. Safety flares for night work.
G. A flatbed trailer capable of removing a motor vehicle.
H. One (1) towing vehicle which shall be sufficient to tow vehicles
over two (2) tons.
I. Communication equipment between vehicles and their dispatchers via
a two-way radio.
J. Tow vehicles shall have the name, address and telephone number of
the contractor painted or permanently attached to both sides of the
vehicle in compliance with state law.
K. All contractors on the rotating list shall be issued a license sticker
for each of its towing vehicles identifying the contractor and the
vehicles as an approved township tower. Said sticker must be prominently
displayed on the vehicle at all times.
The Chief of Police shall maintain a list of licenses under
this ordinance in such order as the Chief of Police shall deem appropriate
so as to ensure that no licensee shall be excluded or in any way discriminated
against. Such list shall contain the names, addresses and twenty-four
(24) hour telephone numbers of each licensee. The Chief of Police
shall direct the members of his Department that the requests of any
towing services of licensees under this ordinance shall be in the
sequence that they appear on the list. Such list shall rotate on at
least a weekly basis. In addition, the Chief of Police shall keep
a record of requests made for the service of licenses under this ordinance
as well as a record of the response time of each licensee and shall
record any and all complaints received from members of the public
as to the quality of service or fees exacted by each license.
[Amended 5-17-10 by Ord. No. 2010-10]
A. No license will be issued without the approval of the Chief of Police
or his designee.
B. License shall be issued by the Municipal Clerk's Office.
C. License shall be issued for one (1) year to expire on December 31.
No license will be prorated.
D. License shall be renewed annually, renewal application shall be submitted
sixty (60) days prior to expiration of existing license.
E. Renewal of license is the sole responsibility of the licensee.
F. Said license shall be nontransferable, and no contractor on the rotating
list shall subcontract any work to be performed.
G. The licensed contractor shall notify the Chief of Police upon the
hiring or termination of personnel.
Pursuant to N.J.A.C. 11:3-38.6 the following fees and charges
are established:
A. Maximum basic towing and storage charges for passenger vehicles,
motorcycles, all-terrain vehicles and mopeds shall be as follows:
[Amended 5-17-10 by Ord. No. 2010-10]
(1) Days: First mile or less: seventy-five dollars ($75.); each additional
mile, three dollars and fifty cents ($3.50), based upon a one-way
charge.
(2) Nights, weekends and New Jersey State holidays: first mile or less,
eighty-five dollars ($85.), each additional mile, three dollars and
fifty cents ($3.50), based upon a one-way charge.
B. Maximum storage fee charges shall be as follows:
[Amended 5-17-10 by Ord. No. 2010-10]
(1) Inside building: ten (10) to twenty (20) spaces, forty-five dollars
($45.) per day.
(2) Outside building: ten (10) to twenty (20) spaces, thirty-five dollars
($35.) per day.
(3) Outside unsecured: ten (10) to twenty (20) spaces, nine dollars ($9.)
per day.
C. Recovery services. Where it is necessary that certain recovery services
be performed in order to preserve the condition of a motor vehicle
while moving the damaged vehicle to a towable position, the rate for
such services shall be one hundred twenty-five dollars ($125.) per
hour, or any portion thereof.
[Amended 11-17-14 by Ord. No. 2014-28]
D. The aforesaid fees may change from time to time by resolution to
be consistent with the provisions of N.J.A.C. 11:3-38.6 or the relevant
New Jersey Administrative Code Statutory Provisions and Regulations.
E. Maximum rates and charges for trucks, SUVs and other vehicles with
gross weight of one and one-half tons (1 1/2) or more shall be
as follows:
[Amended 11-17-14 by Ord. No. 2014-28]
(1) First mile or less, one hundred twenty-five dollars ($125.); each
additional mile, five dollars ($5.) based upon a one way charge.
F. Maximum storage fee charges shall be as follows:
(1) Inside building: ten (10) to twenty (20) spaces, seventy-five dollars
($75.) per day.
[Amended 11-17-14 by Ord. No. 2014-28]
(2) Outside building: ten (10) to twenty (20) spaces, fifty dollars ($50.)
per day.
[Amended 11-17-14 by Ord. No. 2014-28]
G. Recovery services. Where it is necessary that certain recovery services
be performed in order to preserve the condition of a motor vehicle
while moving the damaged vehicle to a towable position, the rate for
such services shall be one hundred fifty dollars ($150.) per hour,
or any portion thereof.
[Amended 11-17-14 by Ord. No. 2014-28]
(1) The contractor may charge an hourly rate for standby time incurred for winching, uprighting, excessive cleanup, waiting at the tow scene and other circumstances which fall outside the scope of services classified as normal in Section
68B-10C and Section 68B10-G at the prevailing/established rate, which shall not exceed seventy-five dollars ($75.) per hour. The contractor must verify all standby charges for waiting at the scene by direct contact with the police communications center. The police shall, if appropriate, provide subsequent verification documentation. No standby charge for waiting at the scene shall be charged without such verification.
H. The aforesaid fees may change from time to time by resolution to
be consistent with the provisions of N.J.A.C. 11:3-38.6 or the relevant
New Jersey Administrative Code Statutory Provisions and Regulations.
[Amended 5-17-10 by Ord. No. 2010-10]
Each licensee shall provide a prompt response to each call for
towing services. The contractor shall be responsible for the cleanup
of debris in accordance with N.J.S.A. 39-4-56.8, with the exception
of fuel oil, chemicals or hazardous waste materials. The rate for
such service shall be seventy-five dollars ($75.) per hour. No licensee
shall cruise with a towing vehicle for the purpose of soliciting towing
business within the Township of Barnegat.
Should the Chief of Police determine that any licensee shall
have violated any provision of this ordinance, the Chief of Police
shall give the licensee notice by certified mail of the noncompliance
by the licensee. Said licensee shall be subject to revocation by the
Township Committee or Chief of Police for noncompliance with any provisions
of this ordinance or any of the following reasons.
A. If it is subsequently determined that the applicant knowingly and
with the intent to deceive, make false, misleading or fraudulent statements
of material fact in the application or in any other document required
pursuant to this chapter.
B. Violation of any federal or state law or municipal ordinance or regulation
relating to the operation of a motor vehicle of the provisions of
towing services.
C. Unsatisfactory service including; unsatisfactory equipment, storage
facility, vehicles or personnel.
Should the licensee desire a hearing on such a determination
the licensee shall, within ten (10) days of the mailing of such notice
by the Chief of Police, advise the Township Committee of the licensee's
desire for such a hearing. Upon the receipt of such request the Township
Committee shall, not less than ten (10) days prior to the date of
such a hearing the Township Committee may revoke or suspend the license
issued under this ordinance upon a determination that the licensee
has violated any provision of this ordinance on any applicable state
or federal law
Any person or entity who shall be found in violation of this
ordinance shall be subject to a fine of not more than five hundred
dollars ($500.) or a term of thirty (30) days in jail for each and
every violation of this ordinance.