Prior ordinance history includes portions of Ordinance No. 99-974.
[Ord. #11-1380]
The Township Committee finds and declares that while the majority of tow truck owners and operators in the State of New Jersey are reputable service providers, some unscrupulous towers are engaged in predatory practices that victimize consumers whose vehicles are parked on public streets and private property. Such predatory towing practices include overcharging consumers for towing services provided under circumstances where consumers have no meaningful opportunity to withhold their consent. The Legislature adopted the Predatory Towing Prevention Act, N.J.S.A. 56:13-7 et seq., to protect the rights of consumers from predatory towing practices on private property, but has left it to municipalities to regulate towing practices on public roadways and property pursuant to N.J.S.A. 40:48-2.49.
The Township Committee finds and declares that the implementation of this chapter is necessary to protect consumers from predatory towing practices on public property and to assure that consumers receive the best possible service from only reputable and qualified tow truck owners and operators. To ensure better oversight and regulation of towers by the Township Police Department, the number of licensed towers shall be limited to six light-duty towers and six heavy-duty towers. This limitation enables the Township Police Department to manage the towing rotations within the confines of its limited resources. In addition, establishing set fees for towing and storage services protects consumers from unwarranted or excessive fees in situations where consumers have no meaningful choice in their towing and storage service provider. Placing reasonable geographic distances for the location of stored vehicles also protects the rights of consumers by assuring that consumers can easily reach their disabled vehicles without traveling great distances. The Township Committee, therefore, finds that the requirements set forth in this chapter are in the public interest.
[Ord. #11-1380]
The purposes of this chapter are as follows:
a. 
To establish a uniform policy for the handling of motor vehicles towing, storage and road service operations within the Township of Montgomery by towers on the official tower lists pursuant to requests of the Township Police Department.
b. 
To protect the public health, safety and welfare and to assure that the public receives the best possible service from only qualified tow truck owners and operators.
c. 
To assure proper storage of vehicles for the purpose of investigation, impoundment, or release of such vehicles to the proper owner, agent or authority.
d. 
To establish a requirement and procedure for licensing of persons who desire to be included on the official tower lists.
e. 
To establish maximum fees for towing and storage service pursuant to N.J.S.A. 40:48-2.49 and 40A:11-5(1)(u).
f. 
The provisions of this chapter shall apply only when a tower on the official tower lists is responding to a call initiated by the Township Police Department.
[Ord. #11-1380]
This chapter shall apply to all motor vehicle towing, storage and road service operations within the Township of Montgomery, which occur at the initiation of the Township Police Department. Nothing herein limits the right of the owner or operator of a motor vehicle to request or summon a tow operator of his or her own choosing or a tow operator from another municipality, unless a Township police officer at the scene determines that the operator to be summoned cannot arrive at the scene within the time limits specified in subsection 4A-2.1i hereof or does not have the proper equipment to clear the scene pursuant to subsection 4A-5.3 hereof; and the safety of persons or motorists may be jeopardized thereby.
[Ord. #11-1380]
When used in this chapter, the following terms shall have the meanings indicated:
BASIC TOWING SERVICE
Shall mean towing as defined in N.J.S.A. 56:13-9 and other ancillary services as may be specified by the Director of the Division of Consumer Affairs by regulation, as may be amended from time to time.
CHIEF OF POLICE,
As used herein, shall mean the Chief of Police, or in his/her absence, a Police Director, who may also be a sworn officer, except where the Police Director is not a sworn officer and the duties performed under this chapter are required to be executed by a sworn officer, then the highest ranking sworn officer. The Chief of Police may designate a sworn officer(s) to perform his/her duties under this chapter.
DAYS
Shall mean the hours of 8:00 a.m. to 6:00 p.m.
DECOUPLING
Shall mean the release of a motor vehicle to its owner or operator when the motor vehicle has been, or is about to be, hooked to or lifted by a tow truck but prior to the motor vehicle actually having been moved or removed from its location.
FLAT BED TOW TRUCK
Shall mean a tow truck designed to transport a motor vehicle by means of raising the motor vehicle from road level up onto a hydraulic bed for transporting purposes.
HEAVY-DUTY TOWER
Shall mean a tower with equipment designed to be capable of towing motor vehicles having a gross vehicle weight rating greater than 10,000 pounds.
LIGHT-DUTY TOWER
Shall mean a tower with equipment designed to be capable of towing motor vehicles with a gross vehicle weight rating of 10,000 pounds or less.
MOTOR VEHICLE
Shall mean all vehicles propelled otherwise than by muscular power, including trailers and recreational campers, excepting such vehicles as run only upon rails or tracks and motorized bicycles, motorized scooters, motorized wheelchairs and motorized skateboards.
NIGHTS
Shall mean the hours of 6:00 p.m. to 8:00 a.m.
OFFICIAL TOWER LISTS
Shall mean lists to be maintained by the Township Police Department containing the names of those light-duty and heavy-duty towers licensed by the Township who have qualified for inclusion on the lists in order to respond to calls for the towing of vehicles initiated by the Township Police Department.
PERSON
Shall mean any individual, sole proprietorship, firm, partnership, association, business entity, corporation, company or organization.
SECURE STORAGE FACILITY
Shall mean a storage facility that is either completely indoors or is surrounded by a fence, wall or other manmade barrier that is at least six feet in height and is lighted from dusk to dawn.
SITE CLEAN-UP
Shall mean the use of absorbents to soak up any liquids from a motor vehicle at the site from which the motor vehicle will be towed.
STATE
Shall mean the State of New Jersey.
STORAGE FACILITY
Shall mean a place at which motor vehicles that have been towed are stored.
TARPING
Shall mean covering a motor vehicle to prevent weather damage.
TOW VEHICLE OR TOW TRUCK
Shall mean those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by their manufacturer for the removal or transport of motor vehicles, and any other vehicle driven by mechanical power, including flatbed vehicles, employed for the purpose of towing, transporting, conveying and/or removing motor vehicles, which are unable to be and actually are not operated under their own power, from one place to another for which a charge or fee is exacted.
TOWER
Shall mean a person engaged in the business of or offering the services of a tow vehicle or tow truck and storage services. The term tower shall also include the phrases tow truck owner, tow truck operator and tow operator.
TOWNSHIP
Shall mean the Township of Montgomery.
TRANSMISSION DISCONNECT
Shall mean the manipulation of a motor vehicle's transmission so that the motor vehicle may be towed.
WEEKENDS
Shall mean the time from 6:00 p.m. on Friday to 8:00 a.m. on Monday.
WINCHING
Shall mean the process of moving a motor vehicle by the use of chains, nylon slings or additional lengths of winch cable from a position that is not accessible for direct hook up for towing of the motor vehicle. The term winching shall also include recovering a motor vehicle that is not on the road and righting a motor vehicle that is on its side or upside down, but does not include pulling a motor vehicle onto a flat bed tow truck.
WINDOW WRAP
Shall mean any material used to cover motor vehicle windows that have been damaged.
[Ord. #11-1380]
For purposes of the provision of towing services, the Township of Montgomery shall not be divided into zones or districts.
[Ord. #11-1380]
Copies of this chapter, any amendments thereto, and the fee schedules of towers shall be available to the public during normal business hours at the Office of the Township Clerk.
[Ord. #11-1380; Ord. #13-1453 S 1]
Any person who wishes to engage in the business of towing or storing of motor vehicles in the Township at police request shall submit a completed application for a towing and storage service license, in duplicate, to the Township Clerk by November 1 of each year. The application shall be accompanied by a fee of $150 to defray the Township's administrative costs in processing the application, and shall state the following:
a. 
The full name and address of the applicant. If the application is made for a corporation, it shall state the name and address of the officers and directors thereof, and its registered office and agent, and the names and residential addresses of every stockholder owning more than 10% of the issued stock;
b. 
The year, make and type of each tow vehicle used in said business, their serial numbers, State registration numbers and, if a leased vehicle, the registered owner;
c. 
The address where the tow vehicles shall be regularly garaged, the telephone numbers (available on a twenty-four-hour-per-day basis for purposes of the official tower lists) and the names of all operators, their addresses and their New Jersey motor vehicle driver license numbers;
d. 
The location, size and security features of the storage facility in which towed motor vehicles shall be stored, including a statement of the number of parking spaces available at the storage facility and whether the storage facility is secured or unsecured;
e. 
The official results of a criminal history name check for noncriminal justice purposes (SBI-212A Form) conducted within the current calendar year by the New Jersey State Police for the applicant and each tow operator listed on the application;
f. 
A certificate of insurance from an insurer authorized to do business in the State and a schedule of the insured tow trucks that are to be utilized by the applicant, including the amounts of the garage keeper's legal liability coverage, any "on hook" coverage and liability insurance coverage that meet the requirements set forth in section 4A-3 of this chapter;
g. 
A certification that towing services will be available 24 hours per day, each scheduled day of the year;
h. 
A certification that the fees and procedures required in this chapter shall be observed at all times;
i. 
A certification that response times to police requests for towing services shall not exceed 20 minutes from the time of the police dispatcher's call to the time of arrival at the scene for light-duty tows, and 45 minutes for heavy-duty tows;
j. 
A certification that tow vehicles are equipped with two-way radios or cellular telephones and that the requirements of subsection 4A-5.3 of this chapter shall be met;
k. 
A statement that the Chief of Police or his/her designee may, at any reasonable time, conduct an inspection of the tow vehicles or storage lot of any applicant or licensee for the purpose of determining compliance with this chapter.
l. 
A proposed classification of the applicant as a light-duty tower, a heavy-duty tower or both.
Incomplete applications shall be returned to the applicant.
[Ord. #11-1380; Ord. #13-1453 S 2]
The Clerk shall refer a completed application to the Chief of Police within seven days after receipt of same. For the protection of the public good, the Chief of Police shall conduct or cause to be conducted an investigation to determine the following:
a. 
The truth and accuracy of all information contained in the application;
b. 
Whether the applicant and all employees have criminal histories that make them unfit and improper persons to conduct the proposed business;
c. 
Whether the applicant has demonstrated, by its equipment and the location of its business, the ability to respond in the manner required in this chapter;
d. 
Whether the equipment is in safe and sound condition and complies with the standards of this chapter, as well as any applicable provisions of the New Jersey Statutes and Regulations;
e. 
Whether the proposed storage area is a permitted use under the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.);
f. 
Whether the applicant has proof of ownership or valid agreement for use of the storage area.
The investigation shall be conducted within the limits of the resources available to the Township Police Department, which shall include a review of the results of a criminal history name check for noncriminal justice purposes (SBI-212A Form) on the applicant and all tow operators who will engage in the licensed activity. The Chief of Police shall conduct or review the investigation, and recommend to the Township Committee the approval or disapproval of an application within 30 days of his/her receipt of the same from the Clerk. The Chief of Police shall provide a written explanation of the reasons for recommending the disapproval of any application. The Township Committee shall thereafter make the final determination whether or not the applicant has complied with all the necessary criteria for the issuance of a license as set forth in this chapter.
[Ord. #11-1380; Ord. #13-1453 S 3]
a. 
If an application is disapproved by the Township Committee, the Township Clerk shall notify the applicant by mail that the application is denied. Such notice shall be mailed within two business days following the endorsement of disapproval by the Township Committee.
b. 
If the Township Committee approves the application, the Township Clerk shall issue an official tower license to the applicant. The Township Clerk shall also provide the applicant with a copy of this chapter of the Township Code.
c. 
The license shall contain the name and address of the licensee, the number of the license, the signature of the Township Clerk, and the seal of the Township. The term of the license shall run from January 1 through December 31. The Township Clerk shall send a copy of the license to the Township Police Department for filing and shall keep a permanent record of all licenses issued.
d. 
All licenses shall expire on December 31. A renewal application shall be submitted by November 1. Renewal applications shall be obtained from the Township Clerk. The fee for a renewal application shall be $150 to defray the Township's administrative costs.
e. 
A license issued to a person under this chapter shall not be transferable.
f. 
If any of the information provided by an applicant pursuant to subsection 4A-2.1 changes after the license is granted, the applicant shall notify the Township Clerk of such changes within 10 business days. For every new tow truck operator hired after a license is granted, the applicant shall submit the operator's name, address, New Jersey motor vehicle driver license number and results of a criminal history name check for noncriminal justices purposes (SBI-212A Form) conducted within the last calendar year to the Clerk for investigative purposes.
[Ord. #11-1380; Ord. #13-1453 S 4]
a. 
The Township Committee, upon the recommendation of the Chief of Police, may suspend or terminate a license under the following circumstances:
1. 
When it is found that the license was secured by fraud, misrepresentation or false statement, or by the concealment of a material fact by the applicant, which fact, if known, would have caused the disapproval of the license.
2. 
When it is found that the licensee has violated any of the requirements or regulations established by this chapter, including maximum fee limitations, any additional regulations established by the Chief of Police, any Federal or State law, any Township ordinance relating to the operation of a motor vehicle, or any ordinance enacted in another municipality relating to the operation of a motor vehicle or the provision of towing and storage services.
3. 
Unsatisfactory service which, in the reasonable opinion of the Chief of Police, has, does or will jeopardize the public safety, health and welfare.
4. 
Unethical or fraudulent business practices in connection with towing or storage services or repairs.
5. 
The loss of, or a material change in, insurance coverage required by section 4A-3 of this chapter.
6. 
Failure to comply with the requirements for continued inclusion on the official tower list established in subsection 4A-4.1.d.
b. 
The Township Committee may permanently remove a tower from the official tower lists and terminate his/her license after three temporary suspensions.
c. 
Notice of suspension or termination shall be communicated to the licensee and, thereafter, it shall be unlawful for him or any of his agents, employees or representatives to engage in towing and storage services within the Township.
[Ord. #11-1380; Ord. #13-1453 S 5]
Any person aggrieved by the denial of an application for a license, or the suspension or revocation of a license, shall have the right to appeal to the License Appeals Board. Such appeal shall be taken by filing a written request for a hearing with the Township Clerk within 14 days after notice of the action complained of has been communicated to the applicant or licensee. If an appeal is taken, the applicant or licensee shall be provided with a notice of a hearing before the License Appeals Board, which notice shall be in writing setting forth the grounds of the complaint and the time and place of the hearing. The notice of a hearing shall be mailed to the applicant's or the licensee's business address at least five days prior to the date set for the hearing, and no more than five days after receipt by the Township Clerk of the written request for a hearing. The decision of the License Appeals Board on such appeal shall be final and conclusive and shall be rendered, in writing, no later than 10 days after the completion of the hearing. In the case of a revocation of a license, failure to surrender the license within one day of delivery of the final written decision to the licensee shall constitute a violation of this chapter.
Nothing contained herein shall prevent or limit the right of any person to commence or maintain a cause of action for damages or any other relief directly against a licensee in a court of competent jurisdiction.
[Ord. #11-1380; amended 2-1-2024 by Ord. No. 24-1715]
a. 
Every licensee shall carry insurance as follows:
1. 
In the case of light-duty towers, motor vehicle liability insurance coverage for the death of, or injury to, persons or damage to property for each accident or occurrence in the amount of at least $750,000 single limit.
2. 
In the case of heavy duty towers, motor vehicle liability insurance 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.
3. 
Garage keeper's liability in an amount not less than $60,000, covering fire, theft, explosion and collision coverage.
4. 
Garage liability in an amount not less than $1,000,000 combined single limits.
5. 
Endorsements to provide for collision coverage for vehicles in tow.
6. 
Comprehensive general liability coverage in an amount not less than $1,000,000 for each person and $2,000,000 for each accident.
7. 
Workers compensation as required by New Jersey law.
8. 
Endorsement naming the Township of Montgomery as an additional insured in all insurance policies (except workers compensation policy). Said endorsement shall specifically incorporate by reference the insurance and indemnification requirements of this section.
b. 
All licensees shall hold harmless and indemnify the Township, its officers, employees and agents, from any and all liability claims, losses or damage arising or alleged to arise from the performance of the towing services requested and/or rendered by the licensee, including any liability which may arise from the licensee's disposal of hazardous materials.
[Ord. #11-1380]
a. 
All insurance policies shall be written by insurance companies acceptable to the Township and authorized to do business in the State of New Jersey.
b. 
No license shall be issued until an applicant shall have deposited with the Clerk certificates of insurance evidencing the insurance coverage and endorsements required in subsection 4A-3.1. All certificates must provide for 30 days' prior written notice to the Township of policy cancellation or material change.
c. 
Copies of the actual insurance policies, with all required endorsements, must be provided to the Clerk upon request.
d. 
No licensee shall be included on the official tower lists in the Township of Montgomery unless the required insurance coverage is in place and has been approved by the Clerk.
e. 
The certificates of insurance required herein shall be provided to the Clerk on an annual basis.
[Ord. #11-1380; Ord. #13-1453 S 6]
a. 
The Chief of Police shall maintain the list of the names of those light-duty towers who have been licensed by the Township. A separate list shall be maintained by the Chief of Police for licensed heavy-duty towers.
b. 
Calls to towers on these lists shall be made on a nonexclusionary and nondiscriminatory rotating basis, pursuant to procedures deemed by the Chief of Police to be both equitable to the towers and responsive to the public safety needs of the community. Additional procedures regarding the rotation of towers may be promulgated by the Chief of Police and shall take effect immediately after service of a copy thereof to all licensees.
c. 
In order to best serve the needs of the public and to be equitable to both the public and the towers, there shall be no more than six towers on the light-duty list and no more than six towers on the heavy-duty list. Licenses shall be distributed on a "first-come, first serve" basis based upon receipt of completed applications. Provided that all of the criteria set forth in this chapter is satisfied, towers are permitted to participate on both the light-duty and heavy-duty lists.
d. 
Continued inclusion on the official tower lists by a licensee shall be subject to the following:
1. 
Compliance with the Predatory Towing Prevention Act (N.J.S.A. 56:13-7, et seq.) and all other State towing and storage statutes and regulations.
2. 
Compliance with State discrimination and affirmative action statutes and regulations.
3. 
Compliance with the American with Disabilities Act.
4. 
The tower shall confirm that it is an independent contractor and does not represent or act for the Township in any way.
5. 
All licensed towers recognize that the standards and procedures set forth in this chapter shall apply when revocation of a tower's inclusion on the official tower lists is recommended by the Chief of Police, provided that the tower may be suspended from inclusion on the lists pending the outcome of a requested hearing.
6. 
The Township shall not be liable for the cost of any services performed by the tower unless those services are performed for or on municipal vehicles. Payment for towing services to nonmunicipal vehicles shall be a matter solely between the tower and the motor vehicle owner or operator, except motor vehicles impounded in conjunction with a criminal investigation.
7. 
All licensed towers must perform emergency road service when requested by the Township Police Department. The fees charged for such service shall be reasonable.
e. 
Nothing herein shall prohibit the Chief of Police from calling a tower out of sequence or seeking the services of a tower not on the official tower lists if the nature of the situation requires specialized equipment or if proximity to the scene or estimated response time makes it practical or necessary to do so in the interest of public safety.
f. 
A tow operator that for any reason cannot respond when called shall not have another tow operator, whether or not on the official tower lists, respond in his/her place. The next tow operator on the list shall be called by the Township Police Department to respond.
g. 
A tow operator may be subject to removal from the official tower lists if the operator fails to respond to a scene or arrives past the time limits specified in subsection 4A-2.1i on three or more occasions per month.
h. 
A licensed tow operator may not assign or sublease any work and/or services to be performed pursuant to this chapter to another tow operator.
i. 
Nothing in this subsection shall preclude the right of a motorist or vehicle owner to summon a tow operator of his or her own choosing, pursuant to the provisions of subsection 4A-1.2 of this chapter.
j. 
Towing and storage fees shall be as set forth in section 4A-7 of this chapter.
[Ord. #11-1380]
The fee to be charged to an owner or operator of a motor vehicle when services rendered do not include towing or storage shall be a matter to be determined by the licensed tower and the owner or operator; provided, however, that such fees shall be reasonable.
[Ord. #11-1380]
When a Township police officer is at the scene of an incident requiring towing services, said police officer shall be responsible for making the final determination as to when towing shall take place. The officer shall not be limited to the official tower lists when it is clear that special tow vehicles are required for large vehicles and/or public safety may be threatened by vehicles requiring removal.
[Ord. #11-1380]
a. 
Each licensed tower shall have at least two tow vehicles available for Township tows.
b. 
All tow trucks shall be equipped with amber beacons or strobe lights, and amber colored safety tow lights or magnetic tow lights for towing vehicles at night, all as approved by the Chief of Police, and as permitted by the State of New Jersey.
c. 
All light-duty tow trucks shall be equipped with a fire extinguisher of the "ABC" type, safety chains, flares, jumper cables, shovel, pry bar, heavy duty stiff push brooms, warning lights, substance for handling small liquid spills, and other necessary equipment to provide complete towing services to motor vehicles up to 10,000 pounds. All such equipment is subject to approval by the Chief of Police.
d. 
All heavy-duty tow trucks shall be equipped with a fire extinguisher of the "ABC" type, safety chains, flares, jumper cables, shovel, pry bar, heavy duty stiff push brooms, warning lights, substance for handling liquid spills generated by a motor vehicle over 10,000 pounds, and other necessary equipment to provide complete towing services to motor vehicles over 10,000 pounds. All such equipment is subject to approval by the Chief of Police.
e. 
Each tower, prior to departure from the scene of towing services, shall clean and clear any customary or usual debris from an accident. Each tower shall also clean, clear, absorb or dilute any usual oil, gasoline or other motor vehicle fluid spilled at the scene of the towing services. All materials disposed of by a tower shall be properly disposed of in accordance with the requirements of the New Jersey Department of Environmental Protection and the Federal Environmental Protection Agency. Nothing in this section shall prevent the Township Police Department from summoning any other person, firm or other organization when, in the judgment of the Chief of Police, an unusual or potentially dangerous situation occurs, or it is otherwise necessary. Such situations include, but are not limited to, accidents or breakdowns involving dangerous or potentially dangerous cargo, or spills of chemicals, solvents or other fluids.
[Ord. #11-1380]
Tow operators shall comply with the directions of the police investigator in connection with vehicles involved in suspected crimes.
[Ord. #11-1380]
No tow operator will tow any vehicle which has been or appears to have been either involved in an accident or operated so as to have left the travel way, without first notifying the Township Police Department.
[Ord. #11-1380]
No reward, gratuity, gift or any type of remuneration shall be offered to any Township police officer, Township official or dispatcher by any tow operator or its employee or agent.
[Ord. #11-1380; Ord. #13-1453 S 6]
Any person wishing to complain about the compliance with this chapter by any licensed tower in the Township of Montgomery shall do so by letter to the Township Clerk setting forth the name of the tower, the date of the incident(s), and the details of the act(s) complained of. The Clerk shall forward the complaint to the Chief of Police, who shall investigate or cause to be investigated all such complaints and make a recommendation to the Township Committee as to any action to be taken against the tower, including, but not limited to, temporarily suspending or permanently removing the tower from the official tower lists. The Township Committee shall suspend or terminate a license in accordance with the provisions of subsection 4A-2.4. After three temporary suspensions, the Township Committee, upon the recommendation of the Chief of Police, may permanently remove a tower from the official tower lists.
[Ord. #11-1380]
All licensees shall maintain for a period of three years, written or computerized records of all vehicles towed, stored and released, and of all services rendered.
[Ord. #11-1380]
No tower may respond to the scene of an accident or emergency for the purposes of towing vehicles unless specifically called there by the Township Police Department or person involved in the accident or emergency. This subsection is intended to prohibit tow operators from soliciting business at the scenes of accidents and emergencies, and shall not be construed to prohibit any person from summoning a tow operator of his or her choice in accordance with subsection 4A-1.2 of this chapter.
[Ord. #11-1380]
The Chief of Police, in consultation with the Township Attorney, is hereby authorized and empowered to establish from time to time additional rules and regulations, not inconsistent with this chapter, as may be reasonable and necessary in order to carry out the provisions of this chapter and to best serve the interests of public safety. Copies of such additional rules and regulations shall be provided immediately to all licensed towers who shall sign an acknowledgment of receipt of same. Such rules and regulations may include, but not be limited to, the following:
a. 
Rotation procedures.
b. 
Preparation of forms.
c. 
Details of record-keeping requirements.
d. 
Procedures at the scene of an accident or emergency.
e. 
Procedures for and scheduling of inspections of tow vehicles and storage facilities.
f. 
Procedures for release of motor vehicles.
g. 
Junk titles, subject to the requirements of New Jersey statutes and rules.
h. 
Delegation to specific officers or positions of any of the responsibilities of the Chief of Police as set forth herein.
[Ord. #11-1380]
a. 
All motor vehicles towed shall be removed to an approved, secure storage facility unless the owner or operator of the vehicle specifically requests that it be towed to another place, provided a Township police officer at the scene does not direct otherwise.
b. 
The location of all storage facilities shall be no further than 10 miles from the border of the Township of Montgomery in order to facilitate reasonable towing distances. All storage facilities shall be a permitted use, under the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq., in the zone in which they are located.
c. 
All storage facilities shall have a business office open to the public between the hours of 8:00 a.m. and 6:00 p.m. at least five days a week, excluding State holidays. All storage facilities shall provide reasonable accommodations for after-hours release of stored vehicles.
d. 
If a storage facility is an outdoor storage facility, it shall be fully enclosed by a fence, wall or manmade barrier having a minimum height of six feet with at least one lockable gate for ingress and egress. All outdoor storage facilities shall be lighted from dusk to dawn.
e. 
All storage facilities utilized by heavy-duty towers shall, at a minimum, be large enough to store a 53 foot tractor-trailer securely outdoors.
[Ord. #11-1380]
From time to time, the Chief of Police shall recommend to the Township Committee a rate schedule for towing to be charged by a licensed tower pursuant to this chapter. Any such rate schedule approved by the Township Committee shall be adopted by resolution and shall conform to the requirements of N.J.S.A. 40:48-2.54.
[Ord. #11-1380]
The Chief of Police shall recommend to the Township Committee a rate schedule for storage of towed vehicles at secured storage locations. Any such rate schedule approved by the Township Committee shall be adopted by resolution. Storage fees to be charged to, or on account of, the Township for the storage of Township-owned or -operated vehicles shall not exceed those fees permitted by N.J.S.A. 40:48-2.50.
[Ord. #11-1380]
Prior to hookup or flatbedding of a motor vehicle, the tower shall present a copy of the fee schedule (on file in the Township offices) to the owner or operator of the motor vehicle. The fee schedule shall also contain the name, address and telephone number of the tower, its hours of operation, and a statement of when the motor vehicle may be claimed. The fee schedule shall also be prominently displayed at the storage facility.
[Ord. #11-1380]
This chapter shall be enforced by the Township Police Department.
[Ord. #11-1380]
Any person who shall violate any of the provisions of this chapter, shall be subject to license application rejection or license revocation. In addition, the general penalty provisions of section 1-5 of the Township Code and/or the provisions of the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.) may apply.