[Prior code § 27-1; amended by Ord. 96-11 § 1, 1996]
The ordinance codified in this chapter shall be known and may be cited as "The Towing Ordinance of the Borough of Ship Bottom."
[Prior code § 27-2; amended by Ord. 96-11 § 1, 1996]
As used in this chapter, the following terms shall have the meanings as indicated:
DOLLY SERVICE
Any operation in which a vehicle is moved without the use of its own tires or wheels, except in the case of a motorcycle or scooter.
OPERATOR
A person who is in actual physical control of the vehicle.
OWNER
A person who holds the legal title of a vehicle, or if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right-of-possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessees or mortgagor shall be deemed the owner for the purpose of this definition.
TOWING OPERATOR
A person, firm or corporation engaged in the business of providing wrecker services and storage services for vehicles towed, which services are made available to the general public upon such rates, charges and fees as determined by such person, firm or corporation.
TRANSMISSION SERVICE
The combined operation of removing and then replacing a transmission locking pin, when such operation is necessary before a vehicle can be moved.
WINCHING SERVICE
Any operation in which a vehicle is moved onto a roadway, from a position off the roadway or any operation in which substantial work is required to prepare a vehicle for normal towing.
WRECKER
A vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying or removing any and all kinds of vehicles, or parts of vehicles which are unable to be operated under their own power, for which a service charge or fee is exacted.
[Prior code § 27-3; amended by Ord. 96-11 § 1, 1996]
Specifically exempted from being regulated under this chapter are towing operators providing towing, transporting, conveying or removing of vehicles from private property within the Borough who are directly and privately engaged or designated by the owner and/or operator of the vehicle to be towed, transported, conveyed or removed or the owner of the private property where the vehicle is located.
[Prior code § 27-4; amended by Ord. 96-11 § 1, 1996]
Safety equipment to be carried on all trucks shall include approved police emergency portable lights, universal towing sling, dolly wheels, tow hooks and chains, two high test safety chains, auxiliary safety light kit to place on rear of towed vehicle, tool box with an assortment of hand tools and emergency pry bars, working lights, shovel and broom, steering wheel lock or tie down.
[Prior code § 27-5; amended by Ord. 96-11 § 1, 1996; Ord. 96-13 § 1, 1996; Ord. No. 2011-04, §§ 1, 2, 4-26-2011; Ord. No. 2012-05, §§ 1 — 3, 5-22-2012]
A. 
Each towing operator, prior to departure from the scene of towing services, shall clean and clear the streets of any debris resulting from any accident at such scene and shall at all times carry the necessary equipment to perform such cleaning services. A towing operator will not permit a vehicle to be removed from the site of a vehicular accident, the scene of a crime or any other instance or situation without prior approval and permission of the police officer and/or superior at the scene.
B. 
Towing operators shall arrive at the scene to which dispatched within a reasonable time after being dispatched. Under normal circumstances, such reasonable time limit is defined as within 20 minutes. Next operator on the list shall be on standby when additional help is needed. If the next towing operator on the list is unable to provide adequate service, the Ship Bottom police department reserves the right to select the best qualified towing operator to perform the service required.
C. 
When any unusual situation occurs which may be dangerous to the safety of the public, or in the event of other unusual circumstances, the most qualified towing operator, in the discretion of the Ship Bottom police department, will be selected.
D. 
Where no other designation has been made, towing operators are authorized to remove the vehicle to the towing operator's place of business.
E. 
In all cases where vehicles are to be towed for illegal parking, summonses or for other purposes where summons shall be issued prior to towing, such vehicle shall not be released from police custody unless the owner of the vehicle furnishes the police department with a receipt that towing service and storage fees have been paid.
F. 
When the owner of a vehicle desires to retrieve or take possession of the vehicle from a tower under this chapter, he or she must, after payment of towing and storage fees, obtain a release slip from the Ship Bottom police department and exhibit a copy to the tower/operator.
G. 
The Ship Bottom police department shall keep and maintain a log record of calls to towing operators under this chapter. Such record shall be available for public inspection upon reasonable notice.
H. 
Towing operators shall provide to the municipal clerk a complete towing fee and storage fee schedule and related regulations which shall be updated annually. Such schedules shall be made available to the public during normal municipal office hours.
I. 
Each towing operator shall have on the place of business a secured area designated for the storage of towed vehicles. The towing operator shall provide for the reasonable security of those vehicles stored on their lot. In addition inside garage space for at least one vehicle must be available. The location of the storage/payment area must be within 20 minutes of the place of the tow. The storage area shall be in an area legally zoned for such use. The towing operator shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this chapter. The towing operator will be liable for any damage incurred by such vehicles while in transit to or while stored in the storage areas.
J. 
All towing operators and their employees shall be fully trained and knowledgeable in the operation of all required equipment. Additionally, all towing operators and their employees shall:
1. 
Have a valid driver's license having no restrictions or conditional endorsements other than a condition requiring the wearing of eyeglasses.
2. 
Obey all traffic laws and regulations.
3. 
Not have been convicted of a crime nor had their driving privileges suspended or revoked in any jurisdiction for the preceding two years.
K. 
Towing operators shall provide to the Borough the following:
1. 
The year, make, model, vehicle identification number, registration and proof of insurance for each vehicle used to tow or haul vehicles.
2. 
The full name and address of all employees together with their driver's license and social security number.
L. 
Vehicles which are stolen, abandoned, involved in a crime, involved in a fatal accident, issued summonses under Title 2C or Title 39 of the Revised Statutes of the State of New Jersey require vehicle removal or any other instance or situation which, in the judgment of the police officer at the scene, raises a reasonable articulatable suspicion that a search warrant may be needed will be considered police impounds. Police impounds may be towed to the designated Borough impound property or the official towing operators' base of service. However, a towing operator may not permit an automobile to be removed from the site without the approval or permission of the police officer at the scene.
[Prior code § 27-6; amended by Ord. 96-11 § 1, 1996; Ord. No. 2012-05, § 4, 5-22-2012]
Any person requiring emergency towing service as prescribed by this chapter shall have the option to engage an operator of his or her choice; provided, however, that such operator is immediately available to provide service. If the operator is not immediately available and, in the judgment of the police officer, the delay in waiting for the operator will create an unreasonable traffic or safety hazard, the officer shall immediately provide for the towing of the vehicle by the designated operator, pursuant to the towing schedule.
[Prior code § 27-7; amended by Ord. 96-11 § 1, 1996; Ord. No. 2011-04, § 3, 4-26-2011]
A. 
All towing operators shall maintain and produce proof of the following insurance coverage to the municipal clerk:
1. 
Workman's Compensation Insurance for all employees as required by statute;
2. 
Liability Insurance — $750,000.
B. 
Proof of insurance shall be by way of a certificate of insurance which also names the Borough as additional insured and shall provide that the Borough receive 30 days' advance notice in writing in the event of cancellation.
[Prior code § 27-8; amended by Ord. 96-11 § 1, 1996]
The operator shall indemnify, defend and hold harmless the Borough from any and all claims against the Borough arising out of the operation of the operator, his or her servants, agents or employees, under this chapter. The operator shall provide a written hold harmless agreement, duly executed to the municipal clerk prior to being placed on the towing schedule.
[Prior code § 27-9; amended by Ord. 96-11 § 1, 1996]
Towing shall be scheduled on a per call basis. In the event that the dispatcher or other duly authorized person or officer attempts to contact the scheduled operator and there is no response to the call or the operator called cannot physically handle the safe removal of any certain vehicle, the dispatcher or other duly authorized person or officer shall then notify the next operator on the list to respond to the call.
[Prior code § 27-10; amended by Ord. 96-11 § 1, 1996; Ord. 2006-10 § 1, 2006; Ord. No. 2011-04, § 4, 4-26-2011; Ord. No. 2012-05, § 5, 5-22-2012]
The maximum fees to be charged by the towing operator to the motor vehicle operators or owners shall be as follows with mileage being calculated based on the total distance traveled from the tow vehicle's base of service to the job site and return, by way of the shortest available route. Fractions shall be rounded up to the nearest whole mile. Towing fee shall include the first 24 hours of storage of a vehicle.
Towing of Accident and Theft Related Vehicles
Days — 8:00 a.m. to 4:30 p.m. Monday through Friday, except New Jersey state holidays:
Maximum Rates and charges for passenger vehicles, motorcycles, all terrain vehicles and mopeds with a GVW of 10,000 lbs. or less:
First mile or less
$75
Each additional mile
$3.50
Nights, Weekends and New Jersey state holidays:
First mile or less
$85
Each additional mile
$3.50
Maximum Rates: GVW of 10,001 lbs. or above:
First mile or less
$125
Each additional mile
$4
Nights, Weekends and New Jersey state holidays:
First mile or less
$135
Each additional mile
$5
Storage:
Inside Building Secured:
$50 per/day
GVW of 10,001 lbs or above
$100 per/day
Outside Building Secured:
$35 per/day
GVW of 10,001 lbs or above
$50 per/day
[Prior code § 27-11; amended by Ord. 96-11 § 1, 1996; Ord. No. 2011-04, § 5, 4-26-2011; Ord. No. 2012-05, § 6, 5-22-2012]
A. 
Additional charges may be made by any towing operator for towing or storage of vehicles for services involving unusual circumstances, disassembled vehicles, embankment retrievals, disaster scenes, beach removals and for towing to location outside the Borough pursuant to an express request by the owner or operator of the vehicle to be so moved. The rates set forth in 5.48.100 above are not intended to apply to vehicles with a gross vehicle weight over 15,000 pounds, such as tractor trailers, cement trucks etc. which require the use of special towing vehicle(s). The towing contractor may charge market rates for towing such vehicles which exceed this 15,000 pound weight.
B. 
Recovery/winching services: When certain recovery and/or winching services must be performed in order to preserve the condition of an automobile or while moving the damaged vehicle to a towable position, the rate for the services will be $125 per hour or any portion thereof.
C. 
The Borough will 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 the police impound which are towed to the designated township impound property. The assessment will be placed on each vehicle processed, in addition to the model fees outlined in this chapter for towing and storage services.
D. 
The towing operator will be responsible for the clean-up of debris in accordance with N.J.S.A. 39:4-56.8, with the exception of fuel oil, chemicals, or hazardous waste materials.
Cleanup services: $75 per hour or any portion thereof. (Does not include materials)
E. 
Standby Rates. Additional charges for all weight classes:
1. 
Standby rate: $75 per hour or any portion thereof.
2. 
Additional truck/personnel: $75 per hour or any portion thereof.
[Prior code § 27-12; amended by Ord. 96-11 § 1, 1996; Ord. 96-13 § 1, 1996]
The governing body designates the Ship Bottom police department as the supervising authority to enforce the provisions of this section.