The abandonment of a motor vehicle or any part thereof on any
highway in this Borough is unlawful and subject to the penalties set
forth herein. The abandonment of a motor vehicle or any part thereof
in the view of the general public anywhere in the Borough is unlawful,
except on the property of the owner or bailee, and such abandoned
motor vehicle or any part thereof may be authorized for removal by
or upon the order of the Chief of Police of the Police Department
of the Borough after a waiting period of 48 hours or more has expired.
This provision shall not be deemed to limit any other remedy of enforcement
provided by state statute or local ordinance.
In the event that the Borough has determined to name more than
one tow agency, there shall then be created an alternating list. In
that instance, the following shall occur:
A. The Chief of Police shall maintain an alternate call list of approved
operators to respond to service calls from the Police Department.
B. The alternating list shall be determined and compromised from a list
of all approved operators for the next succeeding calendar year having
been approved to provide towing services and having submitted in each
category an application in accordance with this section. Any entities
or persons who have been approved to provide towing services after
November 1 shall not be included on the alternating list for the following
calendar year. An operator may be on both lists.
C. Calls to operators on the alternating call list shall be made on
a nondiscriminatory, alternating basis, pursuant to the procedures
established by the Chief of Police.
D. Any operator who does not wish to be placed on the alternating list
must notify the Chief of Police in writing or in the operator's
towing services application. In such event, the operator shall be
removed from the alternate call list for the remaining term of the
year-of which the towing services were to be provided.
The Borough Council, in consultation with the Chief of Police,
may adopt and enforce reasonable rules and regulations for towers.
The Chief of Police is hereby designated as the Borough Officer responsible
for the enforcement of the provisions of this chapter, in accordance
with due process of law.
Any tower called to tow a vehicle at the request of the Police
Department shall charge no more than the maximum fee set forth N.J.A.C.
11:3-38.1 et seq. These maximum fees apply to all towing and storage requests
initiated by the Borough, including but not limited to requests due
to motor vehicle crashes or stolen vehicles as contemplated by N.J.A.C.
11:3-38.1. The maximum daily storage charge applies to the entire
period of time the vehicle is stored subsequent to a tow requested
by the Borough. Towing rates are subject to change in July of each
year.
Prior to the issuance of any contract, the Chief of Police or
his designee shall conduct an inspection of the storage facility and
towing equipment to verify compliance with this chapter.
All complaints regarding services rendered pursuant to this
chapter shall be forwarded immediately in writing to the Chief of
Police. The Chief of Police shall conduct an extensive review of any
and all complaints, including but not limited to conducting an interview
of all parties participating in said incident. Upon completion of
a thorough review, the Chief of Police shall forward a written report
to the Mayor, Borough Council and all interested parties as to his/her
findings. Upon a finding of any violation, the Chief of Police may
recommend a suspension or removal from the tow list or any such other
action that may be warranted based upon the facts. An applicant on
the list may not be suspended or removed from the list unless it has
been advised of its right to a hearing before the Borough Council.
A. Each tower shall be deemed to have taken possession of motor vehicles
towed in accordance with this chapter, other than abandoned motor
vehicles towed at the request of the Chief of Police or his designee,
under the provisions of N.J.S.A. 39:10A-1 and 39:5-56.5.
B. It shall be the responsibility of the police to notify the registered
owner, or any person having a legal interest therein, within 10 days
of having towed said vehicle or rendered any other service thereto,
of the location of the vehicle, the service rendered by the tower.
C. Upon the expiration of 60 days after the time to collect the motor vehicles as set forth in Subsection
B has expired, the tower shall either sell the vehicle after a public auction in a private sale or cause a title certificate to be issued for the motor vehicle in accordance with the laws of the State of New Jersey, specifically N.J.S.A. 10A-8 et seq., a copy of said title to be kept by the applicant.
D. Any notification required in this chapter shall be in writing, sent
by certified or registered mail, return receipt requested, to the
last known address of the person to whom the notice is to be given.
E. Upon the request by the tower, the Runnemede Borough Police Department
shall perform all searches with the Division of Motor Vehicles to
determine ownership and the last known address of the title owner
to the vehicle in question. All administration fees and auction fees
will be paid by the Borough.
F. At any time prior to the sale of the motor vehicle or issuance of
a title certificate therefore, the owner of the motor vehicle may
reclaim possession of the motor vehicle from the tower upon payment
of the towing services as set forth herein and the expense of storage
of the motor vehicle.
Any vehicle found abandoned and removed by a licensed operator,
and unclaimed by the owner may be subject to sale at public auction,
pursuant to N.J.S.A. 39:10A-1 et seq. The licensed operator shall
notify the Chief of Police of the make, model and vehicle identification
number of any towed vehicle held in storage which remains unclaimed
for 30 days or more. Any and all costs associated with the advertising,
sale or issuance of a new or replacement title or otherwise for any
vehicle to be sold at public auction pursuant to N.J.S.A. 39:10A-1
et seq. shall be the sole and exclusive responsibility of the licensed
tower under this Code section.