The purpose of this chapter is to provide standards, regulations
and rates for police-requested, nonpreferential towing and storage
services without competitive bidding, in accordance with N.J.S.A.
40:48-2.49 et seq. and 40A:11-5(u), under the supervision of the Township
Committee, Township Administrator and the Lumberton Township Police
Department.
As used in this chapter, the following terms shall have the
meanings indicated:
AUTOMOBILE
A motor vehicle of a private passenger, sport utility or
station wagon type that is owned or leased and is neither used as
a public or livery conveyance for passengers nor rented to others
with a driver; and a motor vehicle with a pickup body or a delivery
sedan, a van or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by husband and wife who are residents
of the same household, not customarily used in occupation, profession
or business by the owner.
BASIC TOWING SERVICE
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility and other services normally incident thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
CHIEF OF POLICE
As used in this chapter, the Chief of Police shall be the
highest ranking uniformed police officer with jurisdiction for law
enforcement in Lumberton Township or his designee.
HEAVY DUTY TOW
A tow, which based the weight of the vehicle being over 30,000
pounds gross vehicle weight, or the vehicle's size or special characteristics,
which requires the use of special equipment greater than that used
by a basic towing service.
LICENSEE
A towing operator licensed hereunder.
MOTOR VEHICLE ACCIDENT
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accident as to the insured even
if they were caused by the intentional acts of a perpetrator where
the perpetrator was not the insured or not otherwise involved with
the insured.
POLICE
The Township Police Department, state police, county police
or such other police department that may have jurisdiction upon the
roadways in the Township.
STORAGE FACILITY
An automobile storage facility that is secured by a fence,
wall or other man-made barrier that is at least six feet high and
is installed with a passive alarm system or a similar on-site security
measure. The facility is to be lighted at night.
TOW TRUCK
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by its manufacturer for the removal or transport of motor vehicles.
TOWING OPERATOR
A person, corporation or other form of business entity engaged
in the business of providing a basic towing service or heavy-duty
tow service to the general public and providing storage facilities
for vehicles towed.
TOWNSHIP ADMINISTRATOR
As used in this chapter the Township Administrator of the
Township of Lumberton. In the absence of the Township Administrator
any duties herein assigned shall be the responsibility of the Township
Committee Liaison for the Police Department or his designee.
This chapter shall not prevent the occasional operation at the
scene of an accident, upon the request of an owner or driver of a
vehicle, of a tow truck which is owned by a person not a licensee
hereunder.
Upon the adoption of this chapter, the Township Clerk shall
give 30 days' public notice by newspaper publication of the necessity
of making application for a license to engage in the business of basic
towing service as a licensee of the Township. In addition, the Chief
of Police shall give notice to all towing operators known to have
engaged in basic towing service in the Township for the year last
past. In the year of adoption of this chapter, the Township Clerk
shall identify the date applications are due and the expected date
of award. The initial contracts shall expire on January 31, 2014,
regardless of the date of implementation of the chapter.
The Chief of Police shall promulgate such rules, regulations
and procedures, not inconsistent with this chapter, as may be reasonable
and necessary to carry out the provisions of this chapter. Copies
thereof shall be provided to all licensed tow operators and shall
be made available to the public, along with copies of current fee
schedules, during normal business hours. Failure to comply with applicable
rules, regulations and procedures may be the cause of suspension or
revocation of a tow operator's license.
The Chief of Police is hereby designated to enforce the provisions
of this chapter and any applicable rules and regulations.
[Amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under §
1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.