The purpose of this chapter is to provide standards,
regulations and rates for police-requested towing and storage services
requiring a response thereto by the licensees. It is the further purpose
of this chapter to regulate these services from both a public safety
perspective that would result in the quickest response time in good
and bad weather, thereby minimizing waiting time both for police officers
on scene and the removal of motor vehicle cars from the roadway as
a result of an accident and from an administrative perspective to
ensure compliance with the requirements and specifications of this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
CRUISING
The operation of a tow truck in and upon a roadway within
the Township of Union to solicit vehicle towing and/or storage business
except in response to a police request.
DRIVER
The person operating the tow truck for the licensee.
HEAVY DUTY
A tow truck with dual wheels, capable of towing large trucks
and shall meet the following minimum requirements: gross vehicle weight
(GVW): 30,000 pounds/gross combination weight rating (GCWR): 80,000
pounds/boom rating: 50,000 pounds/winch rating: 50,000 pounds/cable
size and length: 5/8 inch and 200 feet/equipped with chassis lift/under-reach:
retracted rating 30,000 pounds and extended rating 15,000 pounds.
INSIDE BUILDING
A vehicle storage facility that is completely indoors, having
one or more openings in the wall, for storage and removal of vehicles
and that is secured by a locking device on each opening. An inside
building shall not include a trailer or container storage.
[Added 9-13-2005 by Ord. No. 4892]
LEASE
A vehicle may be leased by the towing company. If the registration
is such that the lessee is not listed, the licensee will be required
to show a lease agreement and insurance naming both the licensee and
lessor on the same policy as the other vehicles used by the licensee.
In addition, the licensee's name and address must be affixed on actual
vehicle.
[Amended 12-22-2009 by Ord. No. 5121]
LICENSE
The document approved and issued by the Township of Union
granting the privilege to tow and store vehicles and perform other
towing operations for the Township of Union.
LICENSEE
A towing operator having a license granted by the Township
pursuant to the provisions of this chapter.
LIGHT DUTY
A car carrier of the rollback and tilt type, with dual wheels,
capable of removing and transporting passenger cars damage-free and
shall meet the following minimum requirements: GVW: 14,500 pounds/GCWR:
13,500 pounds/winch rating: 8,000 pounds/cable size and length: 3/8
inch and 50 inch/bed length: 19 feet/wheel lift - retracted rating:
3,500 pounds and extended rating: 1,500 pounds.
[Amended 6-9-2009 by Ord. No. 5103]
MEDIUM DUTY
A tow truck with dual wheels, capable of towing small trucks
and shall meet the following minimum requirements: GVW: 18,000 pounds/GCWR:
30,000 pounds/boom rating: -24,000 pounds/winch rating: 30,000 pounds/cable
size and length: 7/16 inch and 200 feet/wheel lift rating: 9,000 pounds
and extended rating: 6,500 pounds.
[Amended 6-9-2009 by Ord. No. 5103]
OUTDOOR SECURED
An automobile storage facility that is not indoors and 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 other
on-site security measures.
[Added 9-13-2005 by Ord. No. 4892]
OWNER
An individual or entity who or which owns or leases, and/or
operates, parks or abandons a vehicle within the Township.
POLICE
The Police Department of the Township of Union or of any
jurisdiction having authority in the subject matter.
PRINCIPAL LOCATION
The business office of an applicant/licensee, where licensee
shall conduct business associated with the towing and storage of vehicles
under authority of the towing license issued by the Township of Union.
RESPONSE TIME
The time from when the police call the licensee and then
until the licensee arrives at the location to service the vehicle.
ROUTINE CALLS FOR SERVICE
A police request for road service of a disabled vehicle,
i.e., dead batteries, flat tires, out of gas or other services that
do not require towing.
TEMPORARY LICENSE
A towing license, authorized by the Chief of Police, and
issued by the Township of Union for the purpose of replacing a current
licensee, whether that replacement be due to the closing of the business
or the revocation of the licensee's towing license for a violation
of this chapter. This license is for emergency situations only, and
the cost will be prorated on a monthly basis.
TOWING OPERATOR
An individual or entity engaged in the business of providing
towing and storage services.
TOWING SERVICES
The towing service and/or on-site vehicle repair of the following:
tire changes, jump starts or jump starts (optional) rendered by a
towing operator.
VEHICLE
Every device in, upon or by which a person or property is
or may be transported upon a highway or street.
WAITING TIME
The time a licensee has equipment and personnel waiting at
a scene to perform a towing operation.
WINCHING CABLE FEE
A one-time fee charged when a vehicle has left the roadway,
overturned or become embedded, attached, or hitched to another vehicle,
tree, pole, guardrail or other fixed object.
[Added 6-9-2009 by Ord. No. 5103]
[Amended 3-14-2006 by Ord. No. 4938]
Licenses to tow shall be issued for three calendar
years commencing January 1, 2007. Three calendar years shall be referred
throughout this chapter as a license period.
[Amended 3-14-2006 by Ord. No. 4938; 6-9-2009 by Ord. No. 5103]
The following schedule of nonrefundable fees
is adopted for the obtaining of a towing license:
A. Application fee:
$500 by certified or bank check with application.
B. License fee: $3,000
by certified or bank check due and payable upon the granting of the
license.
Licensee shall at all times maintain the equipment and storage and garage facilities required by this chapter throughout the term of the license period. Failure to maintain the required equipment and storage and garage facilities throughout the license period may subject the licensee to a suspension or revocation in accordance with §
568-9. The Chief of Police or his designee may from time to time inspect the licensee's equipment and storage and garage facilities to ensure continued compliance with this chapter throughout the license period.
Towing and storage services shall be governed
by the following provisions:
A. The schedule
when a licensee will be on duty will be set by the Police Department's
Administration Bureau and approved by the Chief of Police for a period
of one month. The period shall be no less than one month and not more
than two continuous months. The schedule will provide for the rotation
of all licensed towers. Towers will be responsible to have equipment
available 24 hours a day, seven days a week, while on rotation.
B. Licensee shall
respond to all police requests for towing and/or road service, when
requested by a police dispatcher or any other police officer expressly
authorized to communicate such a request. Licensee will respond with
the number of tow trucks requested to the scene within a reasonable
time. Such reasonable time shall be deemed to be 16 minutes under
in normal atmospheric conditions and within 30 minutes in inclement
weather. This may be extended in emergency situations, such as floods
or blizzards.
C. If a licensee
is wholly or partially unable to respond due to failure of any equipment
or personnel insufficiencies, the licensee will immediately notify
the Police Department who will contact the next towing company in
the rotation to handle the request. If such an incident occurs, the
licensee will furnish, in writing, within five business days, the
details of the circumstances which caused the failure to respond to
the Police Department's Administration Bureau which will make a determination
if a follow-up investigation and/or inspection of the licensee's facility
is required.
D. Tow trucks of
a licensee shall not cruise roadways within the Township for business
and shall not respond to any scene where towing may be required except
upon request of the Township Police Department or any other Police
Department.
E. No rotating or
flashing lights or sirens shall be used on a tow truck except as permitted
by New Jersey Division of Motor Vehicles (DMV)/Department of Transportation
(DOT) (N.J.S.A. 39:3-50), and all vehicles operated by the licensee
shall have a current permit for said lights issued by the DOT along
with all other required vehicle documents. Unless specifically licensed
to have red rotating and flashing lights, any vehicle so equipped
will not be considered for use in the Township of Union.
F. All tow trucks
shall be operated in accordance with all existing traffic regulations
and in a safe and prudent manner. Tow truck drivers will request police
assistance when they find it necessary to turn around, back up, tow
in a direction opposite the flow of traffic, cross a median or other
hazardous situation during the course of providing service or towing.
G. Each licensee
will be responsible for all vehicles and visible contents in their
custody that are towed off the roads under direction of the police
and shall assist officers in making an inventory at the scene to note
such contents of each vehicle.
H. No vehicle will
be removed from any roadway within the Township without proper authorization
from the police at the scene, or the vehicle owner or operator as
the case may be.
I. No licensee shall
be required to tow to an area further than the licensed storage area
between the hours of 6:00 p.m. and 8:00 a.m. unless said licensee
agrees to tow farther. If licensee agrees to tow farther than the
licensed storage area between 6:00 p.m. and 8:00 a.m., he/she will
only do so if adequate towing coverage will be available to the Township.
J. The investigating
officer and/or supervisor at the incident scene is in complete charge
of the incident scene (excluding actual towing operations), and all
tow truck drivers shall comply with the officer/supervisor's instructions.
K. Each licensee,
prior to departing from the scene of towing services, shall be required
to clean and clear the roadway of any nonhazardous debris resulting
from any accident at such scene when rendering towing services, and
at all times carry the necessary equipment to perform such cleaning
services. Such equipment shall minimally include, but is not limited
to, a broom and shovel. The licensee may charge the owner or his insurance
company for the services rendered.
L. In the event
a licensee refuses to tow or render services at the scene of an accident
or disabled vehicle (except when a heavy duty tow truck is required)
when requested by the police or vehicle owner/operator, the officer
assigned to the incident shall report the refusal to his supervisor
with all pertinent details.
M. Each licensee
shall be required to keep up-to-date records of all vehicles towed
in conjunction with this license. Each licensee shall provide the
Township Police Administration Bureau with a list of all vehicles
towed by order of the police (impounded) that remain unclaimed in
storage every Friday by 12:00 noon.
N. Vehicles impounded
or confiscated by the police and stored by the licensee shall not
be released by the licensee without written authorization by the Police
Department.
Towing and storage charges shall be paid by
the owner of a vehicle towed and/or stored by a licensee at police
request, and pursuant to N.J.S.A. 40:48-2.49, such charges shall be
as follows:
A. Towing services.
The following is the fee schedule for towing services:
(1) Daytime.
[Amended 11-28-2006 by Ord. No. 4982; 6-9-2009 by Ord. No.
5103]
|
Light Duty
|
Medium Duty
|
Heavy Duty
|
---|
First two miles or less (wrecker)
|
$55
|
$75
|
$400*
|
First two miles or less (flatbed)
|
$75
|
$85
|
N/A
|
Each additional mile or any portion thereof
|
$2.50
|
$4.50
|
|
*NOTE: Per hour or fraction thereof.
|
(2) No towing
operator will be required to tow any vehicle in excess of the towing
area.
(3) Daytime fee
will be applied as follows:
(a) Basic
tow: daytime fees apply between 8:00 a.m. and 4:30 p.m., Monday through
Friday, except New Jersey state holidays.
(b) Accident
tow: daytime fees apply between 8:00 a.m. and 4:30 p.m., Monday through
Friday except New Jersey state holidays.
(4) Nights, weekends,
and New Jersey state holidays. There shall be an additional surcharge
per tow of $10 in addition to daytime rates.
(5) A "release
fee" of $10 shall be paid by the owner or agent to the Union Police
Department at the time he or she is provided with a vehicle release
after showing proof of ownership and insurance. This fee shall be
payable in cash, certified check or money order to the Record Clerk.
[Amended 6-9-2009 by Ord. No. 5103; 7-28-2009 by Ord. No. 5112]
B. Storage services.
The following is the fee for per-day storage services:
(1) Storage charges.
(a) Inside
building secured storage facility:
Type of Vehicle
|
Fee
|
---|
Autos
|
$30
|
Pickups/vans/SUV
|
$35
|
Trucks
|
$50
|
Tractor trailers/buses
|
N/A
|
(b) Outside
secured.
Storage Facility Capacity
|
Fee
|
---|
Autos
|
$20
|
Pickup/vans/SUV
|
$25
|
Tractor trailers/buses
|
$125
|
(c) Outside
unsecured storage fees are not permitted. If a licensee stores any
vehicle in an unsecured location, he or she will have waived his or
her right to collect any fee for the towing of said vehicle.
(d) Storage
charges start to accrue after the vehicle has been stored for at least
one hour. Storage charges are to be calculated on a per-calendar-day
basis starting on the date of the initial tow to yard.
C. Yard charges.
(1) Administrative
fee: $10; car cover fee: $20; car photograph fee: $20.
[Amended 6-9-2009 by Ord. No. 5103]
(2) Placing any
vehicle on a public street adjacent to it for the vehicle's removal:
$30.
(3) Vehicle estimate
requested by the owner or third-party insurance carrier (includes
time with appraiser): $70.
(4) Removal of
personal property from the subject vehicle:
(a) First
time (up to 15 minutes): no charge.
(b) All additional
times: $20.
D. Cleanup charges:
Clean debris at accident scene: $20 minimum, and an additional $15
per each 15 minutes for the cleanup charged to each vehicle damaged.
Speedy dry is an additional $15, charged to the vehicle leaking fluid.
[Amended 6-9-2009 by Ord. No. 5103]
E. Waiting time
charges. If, once the towing operator arrives at the scene of the
accident, he is required by the police, fire, or other emergency staff
to wait more than 15 minutes to obtain the vehicle, he may charge
$15 per each 15 minutes after the initial 15 minutes has lapsed.
F. The licensee
shall accept a minimum of two major credit cards 24 hours a day and
must be able to do so both at the principal location and by drivers
on the road at the time service or tow is performed. The licensee
will only have to accept credit cards from the vehicle owner or operator.
[Amended 6-9-2009 by Ord. No. 5103]
G. The Township
and its Police Department shall not be liable to a licensee with respect
to towing and/or service rendered to any owner pursuant to the licensee
or otherwise. The licensee shall look to the registered owner and/or
operator of such vehicle for payment of towing and/or storage service
charges or any other compensation. If the vehicle is unclaimed by
the registered owner and/or operator and the finance company and/or
lien holder claims the right to retrieve said vehicle, then the licensee
may seek compensation for the towing of the vehicle and its storage
from the date the finance company and/or lien holder reasonably has
notice of the location of the subject vehicle.
H. If a crime victim's
vehicle is towed by a licensee to premises controlled by the Police
Department solely for the purpose of utilizing the vehicle or its
contents as evidence or in an ongoing criminal investigation, the
Township shall be charged $1 per tow. If this vehicle cannot be removed
from the premises controlled by the Police Department in a timely
manner by the crime victim or an authorized agent, then the licensee
may be requested by the Police Department to remove and store said
vehicle where the owner or agent shall be responsible for these charges
only not the original tow.
[Amended 6-9-2009 by Ord. No. 5103]
I. Township motor
vehicles shall also be towed at the rate of $1 per tow. If the licensee
refuses or fails to respond to a request for a Township vehicle tow,
the licensee who refuses or fails to respond shall reimburse the Township
for any fees associated with said tow within 10 days of receiving
an invoice for the cost of the tow. The licensee shall also be suspended
from towing for the Township of Union for a period of five days.
[Amended 6-9-2009 by Ord. No. 5103]
J. Winch cable fee: $125. A one-time fee charged when
the vehicle has left the roadway, overturned or become embedded into,
attached, or hitched to another vehicle, tree, pole, guardrail or
other fixed object.
[Added 6-9-2009 by Ord. No. 5103]