[Added 3-8-16 by Ord. No. 2016-6]
A. A list of towing vendors is hereby established to provide towing
service for the Borough of Woodstown on a rotating basis. This list
shall be provided to the Salem County Dispatch Center by the Police
Chief or Director of Public Safety or his designee.
B. A vendor shall be placed on the rotating list in the order in which
its application was approved. Each new vendor shall initially be placed
last on the list.
C. If a vendor is called and for any reason does not or cannot perform
the requested service, the next vendor on the list will be called
to perform the towing service.
D. In the event of an emergency situation that requires police to expedite
the removal of any vehicle(s), the officer on the scene or his designee
may request that the next vendor on the list or a vendor out of turn
on the list shall be called to perform a service.
E. A request by a private citizen for a specific tow company may be
honored in the discretion of the police if doing so will not compromise
the safety of the public, any public official, or any real or personal
property.
[Added 3-8-16 by Ord. No. 2016-6]
A. A vendor seeking placement on the rotating list shall be required
to submit an application and receive the approval of the Police Chief
or Director of Public Safety.
B. The form of application and specific qualifications, to the extent
they are not contained in a Borough ordinance, shall be determined
by the Police Chief or Director of Public Safety.
C. All vendors shall submit a non-refundable application fee in the
amount of $100. payable to the Borough of Woodstown.
D. The Woodstown Police Department shall conduct a background investigation
of the vendor and all potential drivers before approval of any vendor.
The vendor shall pay any fees associated with this process.
E. Approval may be denied, suspended or revoked by the Police Chief
or Director of Public Safety for any of the following reasons:
(1) Submitting a fraudulent, incomplete, inaccurate or misleading application;
(2) Criminal conviction of a principal of the vendor or any driver within
the last seven years involving stolen or embezzled vehicles, fraud
relating to the towing business, stolen property, or any other offense
similar or more serious in nature.
(3) Failure to respond reliably and promptly to calls for assistance
or any other unsatisfactory performance that interferes with the proper
operation of the rotating system;
(4) Failure to utilize safe and adequate equipment to perform the requested
service;
(5) Violation of a motor vehicle law and/or municipal ordinance;
(6) Past or present failure to notify the Police Chief or Director of
Public Safety of a material change in circumstance that might disqualify
the vendor from being placed on the approved towing list. A material
change in circumstance includes the criminal conviction of any owner
or driver; the suspension or removal of the vendor from the approved
towing list of any other municipality; or a lapse in the vendor's
insurance coverage.
(7) Violation of any of the provisions of §
91-5 herein;
(8) Expiration of three years since the approval of the vendor's
prior application; or
(9) Any other reason reasonably substantiated by the Police Chief or
Director of Public Safety.
F. The Police Chief or Director of Public Safety's denial, suspension
or revocation of a towing vendor shall be reviewed by the Borough
Council if an appeal of the decision is made within ten days of the
vendor's receipt of the decision. Upon receiving an appeal, the
Borough Council shall hold an informal hearing within forty-five days.
The Borough Council shall determine to uphold, overturn, or modify
the decision of the Police Chief or Director of Public Safety within
sixty days of receiving the notice of appeal. The penalty imposed
shall not be stayed pending the appeal.
G. Each vendor's application shall be renewed every three years
by the same process set forth in this chapter. It shall be the responsibility
of the vendor to obtain and submit a new application.
H. The Police Chief or Director of Public Safety shall have the discretion
to determine the number of tow companies that shall be included on
the revolving towing list.
[Added 3-8-16 by Ord. No. 2016-6]
A. The applicant shall complete an application provided by the Woodstown
Police Department and comply with any application procedures required
by the Chief of Police or Director of Public Safety or his designee.
B. The applicant shall have a minimum of three years of towing-for-hire
experience.
C. The applicant or agent shall not have received a criminal conviction
within the last seven years involving stolen or embezzled vehicles,
fraud relating to the towing business, stolen property, or any other
offense similar or more serious in nature. All applicants and tow
vehicle drivers must submit a criminal history check to the Woodstown
Police Department.
D. The applicant shall submit a list of all drivers with copies of their
New Jersey driver's licenses and State of New Jersey Motor Vehicle
Commission Abstract of Driver History.
E. The applicant shall represent that its trucks and equipment are safe,
properly equipped, sound mechanically, and suitable for intended use
(N.J.S.A. 39:3-1 et. seq. and 49CFR 393). The vendor may be subject
to inspection by trained/certified New Jersey State Police Commercial
Vehicle Inspection personnel.
F. The applicant shall submit proof of insurance as set forth in § 91-
4 below.
G. The applicant shall submit a fee schedule with the application.
H. The applicant shall agree to hold harmless, indemnify and defend,
at the vendor's expense, the Borough and its employees and officials
from any and all claims, demands, suits or actions for personal injury
and/or property damage brought against the Borough, its employees
and/or officials for any cause of action that arises out of the services
provided by the vendor.
[Added 3-8-16 by Ord. No. 2016-6]
A. Each vendor shall be required to maintain proof of insurance furnished
by a reputable insurance company licensed to do business in the State
of New Jersey with the following coverage:
(1) Garage liability/comprehensive general liability insurance in an
amount not less than that required by the State of New Jersey covering
bodily injury and property damage liability including, but not limited
to, personal injury, independent contractor and completed operation
coverage.
(2) Garage keeper's legal liability in an amount not less than that
required by the State of New Jersey including both comprehensive and
collision and an endorsement to include "on hook".
(3) Automobile liability in an amount not less than that required by
the State of New Jersey covering bodily injury and property damage
liability including, but not limited to owned, non-owned and hired
vehicles.
(4) Workers' compensation insurance as required by the State of
New Jersey, including but not limited to statutory New Jersey workers'
compensation benefits and employers' liability.
(5) Vendor insurance policies shall name the Borough of Woodstown as
an additional insured and certificate holder.
B. Proof of insurance shall be submitted to the Police Chief or Director
of Public Safety annually.
C. Vendors shall be immediately suspended in the event of a lapse in
insurance.
[Added 3-8-16 by Ord. No. 2016-6]
A. The vendor shall be available 24 hours a day, seven days a week,
including holidays.
B. The vendor shall be available during normal business hours to release
vehicles and/or personal possessions from towed vehicles.
C. Upon receiving notification from the Salem County Dispatch Center,
the vendor shall respond to the scene within thirty minutes.
D. The vendor shall notify the Salem County Dispatch Center immediately
upon its awareness that it is unable to respond to a call or meet
the response time requirement.
E. The vendor shall not assign a request to another vendor or tow company.
F. Drivers shall conduct themselves in a courteous and professional
manner toward the public and Borough officials or representatives
at all times.
G. All drivers/operators must possess a valid New Jersey driver's
license.
H. The vendor's trucks and equipment shall be safe, properly equipped,
mechanically sound, and suitable for intended use.
I. The method of towing, transporting, or recovering a vehicle shall
be performed consistent with the applicable manufacturer's ratings
including, but not limited to chassis gross vehicle weight rating;
chassis combined gross vehicle weight rating; boom capacity rating
and winching capacity rating.
J. Except for hazardous materials that require specialized procedures
for removal, the vendor shall immediately remove all debris from the
scene directly or by way of a subcontractor.
K. A vendor shall not remove or dispose of materials that it has not
been properly trained or licensed to remove or dispose of.
L. The vendor shall be equipped with adequate, proper, safe and secure
storage for all vehicles that are towed and stored. The vendor shall
make the facility available to the Police Chief or Director of Public
Safety or his designee for inspection upon request.
M. No impounded vehicle shall be released from the vendor unless authorized
by the Woodstown Police Department.
N. The vendor shall be responsible to recover all charges for vehicle
towing, recovery and storage from the vehicle owner. The Borough of
Woodstown shall not be responsible for collecting any fees that are
owed to the vendor.
O. The vendor shall post, in a prominent place clearly visible to the
public, a schedule of the fees that may be charged for all services
provided pursuant to this chapter.
P. The Borough shall not be responsible for storage charges in excess
of the fee limits set forth in N.J.S.A. 40:48-2.50 and as hereafter
amended.
[Added 3-8-16 by Ord. No. 2016-6]
A. The vendor shall notify the Woodstown Police Department if a vehicle
towed pursuant to this chapter has not been retrieved by its owner
within seven days of the tow.
B. Unclaimed vehicles shall be disposed of by the Borough pursuant to
the procedures set forth in N.J.S.A. 39:10A-1 et seq. and as that
statute may be amended or revised.
[Added 3-8-16 by Ord. No. 2016-6]
A. The Woodstown Police Department shall enforce the provisions of this
chapter.
B. All vendor applications including fee schedule and insurance information
shall be made available for inspection by the public at the office
of the Borough Clerk during normal business hours.
C. Complaints by motor vehicle owners against any tow vendor shall be
referred to the Woodstown Police Department, which shall promptly
investigate any dispute and/or conduct a cooperative investigation
with any other agency having jurisdiction where appropriate.
[Added 3-8-16 by Ord. No. 2016-6]
Any person or entity that shall violate this chapter shall upon
conviction thereof be subject to a fine not less than $100 nor more
than $1,000 or imprisonment for a term not exceeding 90 days or a
period of community service not exceeding 90 days.