[HISTORY: Adopted by the Township Committee
of the Township of Lacey 4-9-1992 as Ord. No. 19-92 (Ch. 97 of the
1974 Code); amended in its entirety 2-13-2020 by Ord. No. 2020-05. Subsequent amendments noted where applicable.]
There is hereby established a rotating list of towing and storage
contractors authorized to provide vehicle towing and storage services
as required by the Township of Lacey. The Chief of Police shall be
responsible for the administration of the rotating list. The list
shall be comprised of a maximum of six tow truck operators. Additional
tow truck operators may apply and be placed on a waiting list and
may be appointed by the Township of Lacey when one of the current
operators is removed from the towing list. Nothing in these rules
and regulations shall be construed so as to prevent any owner or operator
from selecting his own towing service.
A.
Basic towing. Basic towing services shall be available and provided on a seven-day-per-week, twenty-four-hour-per-day basis for the entire geographic area of the Township of Lacey. Contractors shall respond to all calls from the police dispatcher for towing services. Failure to comply with this requirement may subject the contractor to removal from the rotating list in accordance with the procedures set forth in § 309-9F and G. The contractors on the rotating list must be able to respond to any tow scene within 20 minutes of the Township's request.
B.
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.
C.
Storage. Each storage area must be enclosed by a secured fence. In
addition, that area shall be illuminated during the hours of darkness
to the satisfaction of the licensing authority. Each storage area
must be open to the public for release of stored vehicles, at a minimum,
Monday through Friday, 8:00 a.m. to 6:00 p.m., and Saturday, 8:00
a.m. to 1:00 p.m. A towing company must make reasonable accommodation
for after-hour release of a stored vehicle. The towing company may
charge for after-hour release at a rate of $50 an hour.
D.
Recovery services. Recovery services will be furnished when necessary.
Recovery services are those services which require the recovery of
an automobile from a position beyond the right-of-way or berm, or
from being impaled upon any other object within the right-of-way or
berm by several actions that may include, but not be limited to, winching
and rigging.
No vehicle shall be released from impound without written authorization
from the Lacey Township Police Department.
A.
Application fee. To remain on the rotating tow list, each towing
operator on the rotating list shall apply to the Township of Lacey
biennially and submit an application fee of $500. The application
shall be completed and returned with the fee to the Township of Lacey
Police Department no later than April 30 of the calendar year.
B.
In addition to meeting all other criteria of this chapter and in
order to be eligible for placement upon the rotating list of authorized
towers, the contractor shall supply a certificate of liability insurance
by a company licensed to do business in the State of New Jersey, certifying
that the contractor maintains workers' compensation and garage
liability insurance of not less than $1,000,000 combined single limit,
garage keepers liability of not less than $100,000 per vehicle, said
garage keepers legal liability insurance policy to further provide
for fire, theft and explosion. All public liability insurance, including
garage liability and garage keepers legal liability coverage, shall
name the Township of Lacey, its officers, agents and employees as
additional insureds on the policy, shall hold them harmless, indemnify
them from any and all claims filed against the Township arising out
of any act or failure to act on behalf of the contractor and shall
contain an endorsement providing 30 days' notice to the Township
in the event of any material changes of the policy or cancellation
thereof. Those contractors meeting the eligibility requirements shall
be approved and added to the rotating list by resolution of the Township
Committee, upon advice of the Chief of Police.
The rates and charges for municipally required towing and storage
services for passenger vehicles, motorcycles, all-terrain vehicles
and mopeds shall be as follows:
C.
The storage period shall start at 12:01 a.m. on the day following
the first full day the vehicle is placed into storage and ends at
12:00 midnight each day. Vehicles released on the same day that the
vehicle is placed into storage will be assessed a pro rata fee of
$1 per hour for the partial day. If a vehicle is towed or transported
from the storage area by the towing contractor at the request of the
owner or authorized representative, a fee not exceeding $3 per mile
may be charged.
D.
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 vehicle to a towable position, the rate for such
services shall be $150 per hour or any portion thereof.
E.
The contractor shall prominently display this fee schedule at the
towing/storage facility.
The maximum rates and charges for trucks and other vehicles
with a gross vehicle weight of up to 15,000 pounds shall be as follows:
A.
First mile or less: $175; each additional mile, $5, based upon a
one-way charge.
B.
Maximum storage fee charges. Secured (outside or inside) 20 to 40
spaces: $50 per day.
C.
The storage period shall start at 12:01 a.m. on the day following
the first full day the vehicle is placed into storage and ends at
12:00 midnight each day. Vehicles released on the same day that the
vehicle is placed into storage will be assessed a pro rata fee of
$1 per hour for the partial day. If a vehicle is towed or transported
from the storage area by the towing contractor at the request of the
owner or authorized representative, a fee not exceeding $3 per mile
may be charged.
D.
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 vehicle to a towable position, the rate for such
services shall be $200 per hour or any portion thereof.
E.
The contractor shall prominently display this fee schedule at the
towing/storage facility.
F.
The towing rates set forth in Subsection A above are not intended to apply to vehicles with a gross vehicle weight over 15,000 pounds, such as tractor trailers, cement trucks and trash trucks, which require the use of a special towing vehicle. Contractors may charge market rates for towing such vehicles which exceed this weight of 15,000 pounds.
A.
The contractor shall provide to the Township the following information
concerning vehicles and employees:
(1)
The year, make, model, vehicle identification number, type of vehicle
and registration number and proof of insurance for each vehicle in
the applicant's fleet.
(2)
The full name and address of all employees and license numbers. Each
listed employee must be competent to provide minimum road services
for disabled vehicles, present a neat appearance at all times, obey
all traffic safety laws and regulations, be subject to periodic and
unannounced inspections by the Chief of Police or his designee, and
shall be approved by the Chief of Police prior to rendering any services
pursuant to this chapter.
(3)
The addresses where the contractor shall be regularly based, telephone
numbers available on a twenty-four-hour-per-day basis and the names
of all operators, their addresses and the serial numbers of their
New Jersey motor vehicle licenses.
(4)
Certification of approved emergency warning lights.
B.
The contractor shall submit to the Lacey Township Police Department
the following information on vehicles unclaimed over 30 days:
C.
The contractor shall provide the Township with records of all towed
vehicles, storage and towing charges upon request.
A.
The hours of 8:00 a.m. until 4:30 p.m. shall apply to the day rate
on Monday through Friday, except New Jersey state holidays. The night,
weekend and holiday rate shall otherwise apply.
B.
The Township of Lacey shall assess an administrative fee of $25 per
vehicle to recover costs of administering the towing and storage services
for all vehicles coming under the purview of police impound. Such
assessment shall be placed on each vehicle processed plus an additional
fee to include storage rates consistent with this chapter.
D.
The contractor shall charge the motor vehicle owner/operator or insurance
company directly for all services provided.
E.
The contractor may charge an hourly rate for standby time incurred for winching, uprighting, excessive cleanup, waiting at the towing scene, and other circumstances which fall outside the scope of services classified as normal in §§ 309-6 and 309-7 at the prevailing/established rate, which rate shall not exceed $60 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.
F.
The Chief of Police shall also maintain a record of the regular response of wreckers to police calls and any complaints from vehicle owners as to improper service or charges. The Police Department is authorized to enforce the provisions of this chapter in accordance with applicable laws of the state. The Chief of Police may request contractor removal from the rotating list pursuant to Subsection G below.
G.
Upon written notice, a towing contractor may be removed from the
rotating list by resolution of the Township Committee if, after opportunity
to be heard, performance is determined to be unreliable or inadequate,
or in violation of this chapter or applicable state laws.
H.
Township vehicles. Notwithstanding the foregoing, the fees for towing
municipal owned vehicles or changing tires on municipal owned vehicles
shall be at a flat rate of $75 per incident.
I.
Vehicles towed to the Lacey Township impound facility for investigative
purposes and/or pending seizure actions will be towed at a flat rate
of $75.
J.
No storage or administrative fees apply to recovered stolen vehicles.
K.
Vehicle lock-out fee. The flat fee for vehicle lock outs will be
$75.