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:
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.
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.
Shall mean the hours of 8:00 a.m. to 6:00 p.m.
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.
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.
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.
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.
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.
Shall mean the hours of 6:00 p.m. to 8:00 a.m.
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.
Shall mean any individual, sole proprietorship, firm, partnership,
association, business entity, corporation, company or organization.
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.
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.
Shall mean the State of New Jersey.
Shall mean a place at which motor vehicles that have been
towed are stored.
Shall mean covering a motor vehicle to prevent weather damage.
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.
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.
Shall mean the Township of Montgomery.
Shall mean the manipulation of a motor vehicle's transmission
so that the motor vehicle may be towed.
Shall mean the time from 6:00 p.m. on Friday to 8:00 a.m.
on Monday.
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.
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.
[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.
