[HISTORY: Adopted by the Township Committee of the Township of Raritan 10-11-2000 by Ord. No. 00-27 (Ch. 5.44 of the 2000 Code). Amendments noted where applicable.]
A. 
No towing operator on or after October 1, 1998, shall operate within the Township for Police-requested towing services and/or storage services unless the towing operator has obtained a license issued by the Township.
B. 
The requirement for an initial license under this chapter shall commence on October 1, 1998, and the initial license shall expire on September 30, 1999. Thereafter, the license shall be issued on an annual basis for the period of October 1 through September 30 of the following year.
C. 
There shall be no limitation on the number of licenses issued and in effect at one time, so long as each licensee meets the requirements of this chapter and complies with the tow operators rules/regulations and guidelines established by the Township.
D. 
The application for a license under this chapter shall be upon forms made available through the office of the Township Clerk.
No tow operator license shall be required for the on-site repair and/or the towing or storage of any vehicle when the request is received by the towing operator from the motor vehicle owner/operator prior to a police request, or if the owner/operator of a motor vehicle requests the Police contact a tow company of the owner/operator's choice for towing and/or storage under the direction and control of the owner/operator.
A. 
Upon this chapter becoming effective, applications for the initial license shall be available from and must be received by the Township Clerk on or before August 14, 1998. Thereafter, for a new license or renewal thereof, the applications must be received by the Township Clerk prior to September 1 of each year for processing prior to October 1 of the license year.
B. 
The Township Clerk will forward all complete applications to the Chief of Police within five days of receipt. The Chief of Police will conduct, or cause to be conducted, an investigation of each application to verify the information contained in the application, background check, survey of equipment, compliance with established rules and regulations, and such other pertinent matters related to potential licensing or renewal. Upon concluding the review, the Chief of Police will return a copy of the application to the Township Clerk, along with a recommendation for approval or disapproval of a license, and the reasons, if any, for disapproval. The Township Clerk shall issue a tow operator license to each qualified applicant, and thereafter, the licensee's name shall be placed on the Township Police Department licensed tow operator's list. The Clerk shall forward to any person rejected for a license, a copy of his or her application with the reasons for disapproval.
C. 
The term of the license shall be for one year commencing October 1 and expiring on the next succeeding September 30, and the license shall list the name of the tow operator business and each employee licensed thereunder.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Each licensee shall be required to maintain in full force and effect during the term of its license, insurance coverage including garage liability and garage keeper's liability insurance, comprehensive automobile liability insurance, and worker's compensation insurance with limits of not less than those set forth in the tow operators rules/regulations and guidelines, and provide proof of such coverages to the Township Clerk at the time of filing of its license application.
E. 
In the event of any disapproval, suspension or revocation of a license for failure to comply with this chapter or the tow operator's rules/regulations and guidelines, no refund of application fees shall be given, and payment of another initial application fee shall be required upon applying for reinstatement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All application fees submitted to the Township are nonrefundable and shall be utilized to offset the cost of processing the application and license. Fees shall be as provided in Chapter 245, Fees, § 245-4.
A. 
The Police Department of the Township may conduct a thorough background check of the licensee, its officers, principals, and employees prior to the granting of a license. A conviction for high misdemeanor and/or a motor vehicle record evidencing unsafe driving habits or a disregard for the New Jersey Motor Vehicle Laws will be considered ample reason to disqualify any applicant or a particular employee. Each prospective licensee shall furnish with its application executed background check waivers for all officers, principals and employees, in the form provided by the Chief of Police.
B. 
Each licensee shall submit the names of all employees newly hired during the term of the license for a review and background check, which may be performed by the Township Police Department prior to such individual being added to the license and performing any services as described in this chapter. The license shall be subject to revocation for failure to submit employees to such a background check.
A. 
The Chief of Police shall have the right, in his or her sole discretion, to disapprove and suspend or revoke any license issued under this chapter, upon investigation and the determination that there has been a violation of the tow operators rules/regulations and guidelines and/or this chapter by the licensee or its employees.
B. 
The Chief of Police shall be the sole administrator of the Police Department's licensed tow operator's list. All complaints concerning any licensed tow truck company/operator shall be forwarded to the Chief of Police for review and investigation.
C. 
Any license suspension or revocation shall cause the tow company to be removed from the tow operator's list. A licensed tow company which has been suspended or revoked may reapply in accordance with the provisions of this chapter to be placed on the list as of October 1 of the year after the suspension or revocation.
D. 
An applicant or licensee shall have the right to appeal the decision of the Chief of Police to disapprove, suspend or revoke its license. Any aggrieved party may appeal the decision of the Chief of Police by providing a written statement of appeal containing the facts and supporting documentation to the Township Administrator within seven days of the date of such disapproval, suspension or revocation. Within 14 days of the receipt of the appeal, the Township Administrator shall investigate the matter and issue a written report thereon, with copies to the aggrieved party, the Chief of Police and the Township Clerk.
In the event that the matter is not resolved to the satisfaction of the aggrieved party, then the aggrieved party may request a final review of such action by the Township Committee, by filing a written request with the office of the Township Clerk within seven days of the date of the Administrator's written report. Thereafter, the Township Committee will conduct a review of the matter and issue a final determination no later than the second regular Township Committee meeting next following the receipt of the written request by the Township Clerk.
The Chief of Police is directed to monitor, and from time to time, recommend to the Township Committee, amendments to the tow operators rules/regulations and guidelines for consideration and enactment by formal resolution of the Township Committee at a public meeting. Prior to the adoption of any amendment to these initial tow operators rules/regulations and guidelines, the Chief of Police shall provide to each tow operator licensed under this chapter, a copy of such proposed amendment at least five days in advance of the public meeting at which the Township Committee will consider such recommendations.
[Amended by Ord. No. 02-55; Ord. No. 04-43; Ord. No. 06-35; Ord. No. 07-38; Ord. No. 2017-03]
A. 
The Police Chief shall recommend to the Township Committee a rate schedule for towing and storage, which rates shall be established by the Township Committee by resolution. A tow operator may only charge the fees established by resolution of the Township Committee, not exceeding the limits set forth therein. No additional fees are permitted other than as set forth below.
B. 
Fees may be charged for the following:
(1) 
Basic tow, which shall be a flat fee; and
(2) 
In the case of a motor vehicle involved in an accident, the following additional services, if actually performed:
(a) 
Waiting time in excess of 15 minutes, which shall be calculated based upon each 15 minutes spent at the site from which a motor vehicle will be towed, with fewer than 15 minutes rounded up to 15;
(b) 
Brush cleaning, including collection of debris that can be picked up by hand, which shall be a flat fee;
(c) 
Site cleanup, which shall be based upon each bag of absorbent used;
(d) 
Winching/uprighting, which shall be based upon each hour spent performing winching;
[Amended 7-16-2019 by Ord. No. 19-21]
(e) 
The use of window wrap, which shall be a flat fee;
(f) 
Tarping, which shall be a flat fee;
(g) 
Transmission disconnect, a flat fee which shall be charged only if a motor vehicle is locked and the tow operator is unable to obtain the keys for the motor vehicle;
(h) 
Use of a flatbed tow truck, a flat fee which shall be charged if a motor vehicle can be transported only by a flatbed tow truck;
(i) 
Use of special equipment other than the first tow truck to recover a motor vehicle that cannot be recovered by winching or pieces of a motor vehicle that cannot be moved by hand, which may be both a labor and equipment charge billed in half-hour increments;
(j) 
Decoupling;
(k) 
Storage at a tow operator's storage facility;
(l) 
More than three trips to the motor vehicle in storage, which may be invoiced as an administrative fee, which shall be a flat fee;
(m) 
Releasing a motor vehicle from a tow operator's storage facility after normal business hours or on weekends, which shall be a flat fee;
(n) 
Extra man and truck;
[Added 7-16-2019 by Ord. No. 19-21]
(o) 
Administration fee.
[Added 7-16-2019 by Ord. No. 19-21]
C. 
A tow operator that engages in private property or other nonconsensual towing shall not charge for the use of a flatbed tow truck if a motor vehicle can safely be towed in an upright position by another type of tow truck, even if the private property tow operator chooses to use a flatbed tow truck for the tow.
D. 
If a licensed tow operator tows a vehicle at the request of the Police Department, and it is determined by the Police that the vehicle is abandoned, then the Police will direct that the vehicle will then be towed to the Police impound yard. The Township will only pay the basic tow rate. All other fees will not apply.
E. 
A tow operator that engages in private property or other nonconsensual towing shall calculate storage fees based upon full twenty-four-hour periods a motor vehicle is in the storage facility. For example, if a motor vehicle is towed to a storage facility at 7:00 p.m. on one day and the owner of the motor vehicle picks the motor vehicle up before 7:00 p.m. the next day, the tow operator shall charge the owner of the motor vehicle only for one day of storage. If a motor vehicle is stored for more than 24 hours, but less than 48 hours, the tow operator may charge for two days of storage.
F. 
For the purposes of this section, the following words shall have the following meanings:
(1) 
"Basic tow" shall mean private property towing and other nonconsensual towing as defined in this section and other ancillary services that include the following: arriving at the site from which a motor vehicle will be towed; 15 minutes waiting time; hooking a motor vehicle to, or loading a motor vehicle onto, a tow truck; transporting a motor vehicle to a storage facility; unhooking or unloading a motor vehicle from the tow truck; and situating the motor vehicle in the space in which it will be stored. "Basic tow" also includes issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; issuing an itemized bill; three trips to the motor vehicle in storage, which, if applicable, include making a vehicle available to an insurance adjuster or appraiser; issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; and retrieving a motor vehicle from storage during the hours in which the storage facility is open.
(2) 
"Nonconsensual towing" shall mean the towing of a motor vehicle without the consent of the owner or operator of the vehicle, including the towing of a motor vehicle when law enforcement orders the vehicle to be towed whether or not the owner or operator consents.
All licensees, by applying for and accepting a tow operator's license under this chapter, agree to and shall indemnify and hold the Township and its officers and employees harmless from any liability, expense or costs of suit, including reasonable attorney's fees and costs, arising out of or resulting from any action of the tow operator in performing towing and storage services in the Township as a licensee under this chapter. This indemnification clause shall be included as part of the application for a license and shall also be printed on the applicant's license.
[Amended by Ord. No. 06-03]
Any person or entity who shall be found to have violated any section of this chapter or to have submitted a false or misleading application shall, in addition to penalties hereinafter provided in this chapter, be subject to removal from the tow operator's list and/or suspension or revocation of their license. Upon conviction of a violation of this chapter, the person or entity shall be punishable by a fine as set forth in § 1-5, General penalty.