Borough of Woodstown, NJ Chapter 91 Towing

[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown 3-8-16 as Ord. No. 2016-6. Amendments noted where applicable.]

Editor's Note: Chapter 91 Wreckers, Auto, containing portions of Ordinance Nos. 238 and 495 was repealed in entirety and replaced by Ordinance No. 2016-6.

§ 91-1 Establishment of list of approved towers.

[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.

§ 91-2 Application and approval process for inclusion on the list of approved towers.

[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.

§ 91-3 Minimum requirements to be considered for approval as a vendor.

[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.

§ 91-4 Insurance requirements.

[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.

§ 91-5 Towing vendor performance requirements.

[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.

§ 91-6 Unclaimed vehicles.

[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.

§ 91-7 Enforcement.

[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.

§ 91-8 Violations.

[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.