[HISTORY: Adopted by the Township Council of the Township of Chester 8-18-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 153.
Vehicles and traffic — See Ch. 161.
[Amended 8-17-2021 by Ord. No. 2021-13]
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
ADMINISTRATIVE CHARGE
Fees charged by a towing service provider for post-crash services, including but not limited to, vehicle inspections, telephone service calls, faxes and/or emails, removal of personal items or paperwork.
APPLICANT
An individual or a legally formed business entity which seeks to obtain authorization from the Township to furnish towing services to the Police Department pursuant to this chapter.
AUTOMOBILE
A private passenger automobile, station wagon, van, sport utility vehicle, or pickup truck.
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 that has left the roadway and does not include any additional labor required to clean up the scene.
BOROUGH
Borough of Chester, New Jersey.
BOROUGH COUNCIL
The governing body of the Borough of Chester.
CHIEF OF POLICE
The Chief of Police of the Chester Police Department or in his/her absence or disability, the next highest-ranking officer.
DAYTIME HOURS
From 8:00 a.m. until 4:30 p.m., prevailing time.
DECOUPLING
Releasing a motor vehicle to its owner or operator when the motor vehicle has been, or is about to be, hooked to or lifted by a tow truck, but prior to the motor vehicle actually having moved or removed from the property.
INSIDE BUILDING
A vehicle storage facility that is completely indoors, having one or more openings in the walls for storage and removal of vehicles and is secured by a locking device on each opening.
MEMBER
A member of the Chester Police Department.
MILEAGE
A charge for mileage traveled by the tow truck, from the towing service provider's place of business to the location of the start of the tow, by the shortest route possible.
MOTORCYCLE
A motorcycle, motorbike, or bicycle with motor attached and any other motor-operated vehicle similar to a bicycle or tricycle, including all-terrain vehicles.
NIGHTTIME HOURS
From 4:31 p.m. until 7:59 a.m., prevailing time.
OFFICER
A sworn member of the Chester Police Department.
OPERATOR
An individual employed by a licensed towing service provider and providing vehicle towing services on behalf of the Police Department.
OUTSIDE 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. The facility is to be lighted at night.
OUTSIDE UNSECURED
An automobile storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier that is at least six feet high.
POLICE DEPARTMENT
The Chester Police Department.
RECOVERY OF VEHICLE
The recovery of an automobile from a position beyond the right-of-way berm or from being impaled upon any other object within the right-of-way or berm. It shall also include the recovery of a vehicle which is overturned or on its side.
ROAD SERVICE
Assisting a motor vehicle, without towing or hookup. Service such as providing fuel (plus cost of fuel), jump-start, change flat tire (with available spare), simple opening of vehicle lockout, etc.
TOW VEHICLE
A vehicle equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal and transport of private passenger automobiles.
TOWING SERVICE PROVIDER
A licensed vehicle towing and/or recovery service provider.
TOWNSHIP
Township of Chester, New Jersey.
TOWNSHIP COUNCIL
The governing body of the Township of Chester.
TRUCK
Any motor vehicle other than an automobile as defined above and which requires heavy-duty towing. Medium duty: 10,001 to 26,000 pounds GVW. Heavy duty: 26:001 pounds GVW and up.
WINCHING
Moving a vehicle by use of the cable or winch from a position that is not accessible for direct hookup by conventional means of loading onto a tow vehicle. It shall not include pulling a motor vehicle onto a tilt bed or car carrier or lifting a vehicle with a conventional tow sling.
YARD TOW
The removal of the vehicle from the towing service provider's storage yard for the benefit of another towing service provider who is taking the vehicle from the storage site and whose tow vehicle is physically unable to gain access to the vehicle while it is inside the storage yard.
[Added 8-17-2021 by Ord. No. 2021-13]
Pursuant to N.J.S.A. 40:48-2.49, the Township of Chester, State of New Jersey, is authorized to enact an ordinance setting forth regulations for the removal of motor vehicles from private or public property, including the fees charged for such removal and storage, and the notice requirements.[1]
[1]
Editor's Note: Former § 162-2, Towing contractors; equipment regulations, as amended 6-8-2005 and 3-17-2009 by Ord. No. 2009-2, which immediately followed, was repealed 5-16-2023 by Ord. No. 2023-15. This ordinance also renumbered former § 163-3 as § 163-2.
[Amended 8-17-2021 by Ord. No. 2021-13]
A. 
The fee schedule for towing and storage of automobiles, motorcycles, and medium/heavy trucks shall be established by the Township and Borough Committees by ordinance.
B. 
Nothing in this chapter shall preclude a towing service provider, acting on behalf of a club or association, from charging members of the club or association a fee at a rate established by contract between the towing service provider and the club or association.
C. 
If is determined that the use of specialized towing and/or recovery equipment is needed, nothing in this chapter shall prevent a towing service provider from charging a fee for the specialized equipment and/or service, provided that the fee(s) being charged are reasonable, customary and based on prevailing industry rates.
D. 
Any fee charged that exceeds 150% of the average fee charged in the county where the towing service provider is located shall be deemed excessive.
E. 
A towing operator must accept all forms of payment, such as a debit card, charge card or credit card, for payment in lieu of cash for towing or storage services if the operator ordinarily accepts such payment at his place of business.
F. 
Any towing service provider charging any administrative fees for services described in § 162-1, must provide a list of such services for approval.[1]
[1]
Editor's Note: Former § 162-4, Operator regulations; rights of public, as amended 5-17-2002, which immediately followed, was repealed 5-16-2023 by Ord. No. 2023-15. This ordinance also renumbered former §§ 163-4.1 through 163-5 as §§ 163-3 through 163-10, respectively.
[Added 8-17-2021 by Ord. No. 2021-13]
A. 
General regulations.
(1) 
The Township Council and Borough Council shall establish, by individual resolution, a list of authorized towing service providers to be utilized by the Police Department for official business purposes.
(a) 
Only those towing service provider and employees who successfully complete the application process as set forth in Subsection B and meet the minimum standards and abide by all provisions set forth in Subsection C through G shall be considered for providing contracted police towing services.
(b) 
There shall be no limit on the number of operators on either list.
(c) 
Operators may be added to either list at any time.
(d) 
This list will be maintained by the Police Department's Traffic Officer and forwarded to the Morris County Communications Center (MCCC).
(2) 
The Police Department reserves the right to contact other towing service providers, who may not be on the rotating lists, if at the time of request all of the towing service providers on the rotating fists are unavailable or if specialized towing or recovery equipment is needed and not possessed by any of the towing service providers on the rotating lists. Towing service providers not on the rotating lists may also be called on in times of emergencies or natural disasters. If other towing service providers, not on the rotating lists, are contacted, their fees shall be reasonable and customary, based on prevailing rates in the industry.
(3) 
Whenever a police officer orders the removal of a motor vehicle from private or public property, the officer shall utilize the rotation lists established by the Township.
[Added 5-16-2023 by Ord. No. 2023-15]
B. 
Application process.
(1) 
Pursuant to N.J.S.A. 53:1-20.5 et seq., the applicant and all employees engaged in the towing of vehicles, shall submit to a criminal background investigation and driver's license check, to be performed by a state approved facility and approved by the Police Department, prior to that operator or employee being allowed to perform any towing services on behalf of the Police Department.
(a) 
Copies of the results of the background check shall be made available to the Chief of Police, or his/her designee, immediately upon receipt.
(b) 
Once approved, it shall be the responsibility the applicant to inform the Chief, or his/her designee, of any traffic summons or criminal complaints received by themselves or any employee engaged in providing towing services on behalf of the Police Department.
(2) 
The applicant shall respond to the Police Department to obtain the New Jersey Universal Fingerprint Form (IDG_NJAPP_020115_V2) under the category LOX (Exhibit A). During which time, the applicant shall obtain a case number from the Police Department for the New Jersey Universal Fingerprint Form. The applicant must have each operator complete this document.
(3) 
The applicant must contact IdentoGO (www.bioapplicant.com/nj) to complete the background process; and
(4) 
The applicant shall ensure all operators have a valid driver's license, which can be verified through the NJDMV.
(5) 
Township Council and Borough Council so directs, the Township and Borough Clerks to approve the applications.
C. 
Towing service provider regulations and restrictions.
(1) 
Operators shall always act in a professional manner and at all times be courteous and respectful toward members of the public, as well as representatives of the Township and Borough of Chester. If members of the public, especially those whose cars may have been towed or impounded, resort to strong language, threats and unbecoming behavior toward the tow truck operator, the operator is expected to exercise restraint and not to respond in kind and thereby reflect unfavorably on the Township and Borough of Chester and/or the Police Department.
(2) 
Repeated reports of discourteous behavior by operators, which can be substantiated and documented, may be considered by the Township and Borough as sufficient cause for removal of the operator from the rotational list of automobile towing service providers and truck towing service providers.
(3) 
At all times when performing towing services in the Township and Borough of Chester, all operators shall wear a high-visibility safety traffic vest, meeting the specifications set forth in ANSI/ISEA 107-2004, at level Class 2 or higher.
(4) 
Each towing service provider must be available 24 hours a day, seven days a week, and must respond within 20 minutes during daytime hours and 30 minutes during nighttime hours of the original telephone call request by the Police Department.
(5) 
Each towing service provider must have access to a storage lot and a place of business available to the public within a five-mile radius of the Township of Chester. However, if there are no qualified towing service providers within the five-mile radius, the five-mile radius may be extended until an eligible towing service provider can be located.
(a) 
A towing service provider's business location and storage lot must comply with all zoning ordinances and regulations in the municipality in which it is located and the towing service provider must provide written approval of same.
(b) 
Established rate schedules must also be displayed in a conspicuous manner at the operator's place of business.
(c) 
Inspection of the business and storage lot will be required and must be approved.
(6) 
All designated towing service providers will be required to explain their reasons for refusing a call or lateness in responding to a call. Five instances of refusal, unavailability or tardiness to respond, as defined herein, during a calendar year shall be grounds for removal from the list.
(7) 
Towing service providers shall not remove any motor vehicle which has been abandoned and/or involved in an accident, which took place on any public roadway, without first notifying the Police Department.
D. 
Tow truck specifications and requirements.
(1) 
Automobile towing service providers must possess at least one flatbed-style tow vehicle and/or one hoist-type tow vehicle with a sling and wheel lift.
(2) 
Truck towing service providers must possess at least one tow vehicle capable of towing a fully loaded tractor-trailer weighing 80,000 pounds.
(3) 
All tow vehicles shall be properly equipped to perform the services required to be provided by the towing service provider; equipped with adequate amber emergency warning lights, in accordance with New Jersey Division of Motor Vehicle regulations, and carry a copy of the rate schedules established by Township Chester and Borough of Chester.
E. 
Insurance; indemnity.
(1) 
Towing service providers shall furnish the Township and Borough Clerks with a certificate of insurance from an insurance company satisfactory to the Township and Borough. Each certificate of insurance shall identify the coverage provided and shall provide that such insurance shall not be changed or canceled without giving 10 days prior written notice to the Township and Borough by certified mail, return receipt requested. Specific reference to the rotating lists of towing service providers shall be made on all policies of insurance.
(2) 
Towing service providers must have bodily injury liability, property damage liability, employer's liability and motor vehicle liability coverage, with combined policy limits of $1,000,000, and statutorily required workers' compensation coverage.
(3) 
Towing service providers shall indemnify and save the Township and Borough harmless from all damages and claims for damages which may be made by any person for bodily injury or property damages resulting from the towing service provider's performance.
(4) 
Towing service providers shall have an "on-hook vehicle" rider on their towing insurance policy. This rider will provide insurance should the towed vehicle become uncoupled from the tow truck during towing operations.
F. 
Rotating lists.
(1) 
Every two years the Township Council and Borough Council shall establish by individual resolution, a list of automobile and truck towing service providers to be utilized by the Police Department on a rotating basis. An operator may, if qualified, be on both lists. The lists will be used on a rotating basis or on a weekly call-out schedule at the discretion of the Chief of Police. Only those towing contractors who meet the minimum standards of operator performance set forth in this chapter shall be included on such lists. There shall be no limit on the number of towing contractors on either list. Contractors may be added to the lists at any time.
[Amended 5-16-2023 by Ord. No. 2023-15]
(2) 
Such lists shall be utilized by members of the Police Department on a nonexclusionary and nondiscriminatory basis.
(3) 
If at the time of a request for towing services by the Police Department, all towing service providers on the rotating lists, are unavailable or lack any type of specialized equipment needed, officers shall have the right to contact any other qualified towing service provider(s), provided the officer has no interest in, or involvement with, the towing service provider or its owner(s).
(4) 
Towing service providers not on either rotating list may be utilized in times of emergency, to expedite the opening of roadway, natural disasters, etc.; however, a towing service provider's rates shall be reasonable, customary and based on prevailing rates in the industry.
(5) 
If a towing service provider on the Police Department's rotation list cannot perform a specialized function, then another service may be called.
(6) 
No on-duty towing service provider shall be skipped.
G. 
Complaints and penalties.
(1) 
The governing bodies of the Township or Borough shall have the right to suspend or revoke any towing privileges issued pursuant to this section for good cause upon written complaint of the Police Chief. In the event that a towing service provider fails, or refuses, to retain the proper equipment, personnel or facilities necessary to perform the services required for towing service providers, or that the services performed are not satisfactory or violate any provision of this section, rule or regulation duly adopted, the Police Chief shall file a written complaint with the governing body that there is probable cause for revocation or suspension. Written notice of such complaint and the basis of the complaint shall be given to the towing service provider and said operator shall be entitled to a hearing before the governing body prior to final determination of the complaint by the governing body.
(2) 
Any towing service provider who violates any section of this chapter, in addition to any other penalties provided by law, shall be subject to suspension of towing privileges for:
(a) 
For the first offense, a fine not to exceed $250 and suspension from the towing duty list for one month;
(b) 
For the second offense, a fine not to exceed $500 and suspension from the towing duty list for six months;
(c) 
For the third offense, a fine not to exceed $1,000 and suspension from the towing duty list for one year; and/or
(d) 
For the fourth offense, permanent revocation from the towing duty list.
(3) 
In all cases, if a towing service provider overcharges a vehicle owner, the excess moneys paid shall be returned by the towing service provider to the vehicle owner within 10 business days.
(4) 
A towing service provider may be removed from the lists adopted pursuant to § 162-3A by resolution of the Township and Borough Committees, if its performance is determined to be unreliable or inadequate.
(5) 
If there is a breach of any of the provisions of this chapter or applicable regulations, a towing service provider may be removed from the list by the Chief of Police pending action by the Township and Borough Committees.
[Added 8-17-2021 by Ord. No. 2021-13]
A. 
Vehicle impounds.
(1) 
Vehicles impounded for the following reasons will be towed to the towing service provider's tow yard:
(a) 
DWI arrests, N.J.S.A. 39:4-50;
(b) 
Has not been properly registered, N.J.S.A. 39:3-4;
(c) 
Operating a New Jersey registered motor vehicle without liability insurance, N.J.S.A 39:6B-2;
(d) 
If a motor vehicle operator is operating a motor vehicle while suspended or revoked, N.J.S.A. 39:3-40;
(e) 
If a motor vehicle is abandoned, impedes traffic, or disabled, N.J.S.A. 39:4-136; or
(f) 
Motor vehicle's involved in minor motor vehicle crashes.
(2) 
Vehicles impounded for the following reasons will be towed to the Chester Police Department's impound yard:
(a) 
Motor vehicle's involved in a serious or potentially fatal motor vehicle crashes;
(b) 
Motor vehicles involved in fatal motor vehicle crashes;
(c) 
Stolen/recovered motor vehicles; or
(d) 
Motor vehicles involved in criminal arrests/investigations and being held for evidentiary purposes.
(3) 
The owner of a vehicle being impounded in the Police Department impound yard may remove personal effects from their vehicle at any time during the day or evening hours, provided that the vehicle is not directly connected to a criminal or motor vehicle investigation.
(4) 
At no time, shall the owner or any nonpolice persons be permitted inside the Police Department's impound yard unless accompanied by a member of the Police Department.
B. 
Release of impounded vehicles.
(1) 
In most cases, motor vehicles shall only be released during the towing service provider's regular business hours.
(2) 
Vehicles involved in serious crimes/fatalities may not be released without written approval from the Morris County Prosecutor's Office.
(3) 
Vehicles subject to a search warrant shall not be released without approval from the investigating officer.
(4) 
No vehicle, trailer, etc. will be released if it has mechanical/equipment defects that would render it unsafe on a public roadway.
(5) 
Proof of insurance must be verified prior to the release of any vehicle that is to be driven out of the impound yard.
(6) 
Motor vehicles will only be released to the motor vehicle's registered owner or person having Power of Attorney. Motor vehicles registered as commercial, owned by a business or rental vehicle, may be released to the business, an official representative or person having Power of Attorney.
(7) 
Fees for storage will be calculated starting with the day following the impoundment and counting each day or any part of a day thereafter as a full day. Fees will be in accordance set by the Township and Borough's Councils.
(8) 
The payment of all towing and storage fees owed by the registered owner shall be directly submitted to the towing service provider. At no time will a member of the Police Department accept any payment(s) on behalf of any towing service provider.
[Added 8-17-2021 by Ord. No. 2021-13]
A. 
Any vehicle which is not claimed by the owner within 20 days of impoundment will be considered abandoned. The investigating officer of the impounded motor vehicle shall issue a summons to the vehicle owner for abandonment of a motor vehicle N.J.S.A. 39:4-56.5a pursuant to N.J.S.A. 39:10A-1 through 39:10A-7.
B. 
After expiration of the twenty-day period, if the vehicle owner fails to respond to the issued abandoned vehicle summons or fails to surrenders the vehicle, and/or fails to provide the vehicle's title, the Police Department, shall make application for title to the Division of Motor Vehicles as per policy. Vehicles which remain unclaimed after all requirements of the general orders are met shall be auctioned off to recover towing costs, pursuant to N.J.S.A. 39:10A-1 through 39:10A-7.
C. 
Any vehicle that is towed to the towing service provider's facility during a police tow and is not claimed by the owner pursuant to N.J.S.A. 39:10A-1 through N.J.S.A. 39:10A-7, the Police Department shall make application for a junk title pursuant to N.J.S.A. 39:10A-1 through N.J.S.A. 39:10A-7.
D. 
It shall be the policy of this agency that all abandoned or unclaimed motor vehicles left within the tow operator's storage lot that was not towed as a request from this police agency will be the responsibility of the tow operator's owner, or his/her designee, to file the appropriated private citizen complaint(s) and documentation (OS/SS-358).
E. 
Any towing service provider found to be disposing of vehicles in violation of this procedure will be charged with misapplication of entrusted property (N.J.S.A. 2C:21-15) and will be prohibited from providing service to the Township and Borough of Chester.
F. 
The following procedure shall be followed in regards to the auction of abandoned or unclaimed vehicles:
(1) 
The estimated value (EV) of the vehicle shall be determined as well as the outstanding towing and storage charges to the date of the anticipated auction.
(2) 
If the EV of the vehicle exceeds $400, and is equal to or more than the aggregated towing and storage charges to the date of the auction, the vehicle should be sold at public auction with a minimum bid equal to the amount of the outstanding towing and storage charges. If at auction, the amount bid is equal to the minimum bid, all of the funds are paid to the person towing and storing the vehicle from the monies given to the Township of Chester from the sale. If the bid exceeds the minimum, any excess is retained by the Township of Chester.
(3) 
If the EV of the vehicle exceeds $400, but is less than the outstanding towing and storage charges due, the Township of Chester should auction the vehicle with a minimum bid equal to the EV of the vehicle and pay the entire amount over to the person who towed and stored the vehicle up to the amount of accrued towing and storage charges, retaining any amount over the outstanding charges.
(4) 
If the EV of the vehicle is less than $400, then the municipality should auction the vehicle without a minimum price and pay over to the person towing and storing the vehicle whatever it receives, provided that it is equal to or less than the aggregate amount outstanding.
(5) 
If no bid is received in any of the above scenarios, then the Township of Chester can pay the person towing and storing the vehicle the $400 (from its own coffers) and take title to the vehicle or pay nothing to the person towing and storing the vehicle and instead convey the junk title to that person.
(6) 
Any conveyance of title (or application for title) to the person towing and storing the vehicle should be accompanied by a release signed by them, releasing the Township of Chester from any liability for the payment of any further fees to the person towing and storing the vehicle.
(7) 
If title becomes vested in the Township of Chester, it retains the vehicle or disposes of it in the normal course, following the sale provisions of the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(8) 
A public sale needs to take place in all cases in order to establish title in a third party (successful bidder) or to establish title in the Township of Chester (when no one bids or the minimum bid is not achieved).
G. 
Any vehicle that is towed to the towing service provider's facility during a police tow and is not claimed by the owner pursuant to N.J.S.A. 39:10A-1 through N.J.S.A. 39:10A-7, the Police Department shall make application for a junk title pursuant to N.J.S.A. 39:10A-1 through N.J.S.A. 39:10A-7.
H. 
It shall be the policy of this agency that all abandoned or unclaimed motor vehicles left within the towing service provider's storage lot that was not towed as a request from this police agency will be the responsibility of the towing service provider's owner, or his/her designee, to file the appropriated private citizen complaint(s) and documentation (OS/SS-358).
I. 
The Chester Police Department shall not call a towing service provider to remove a vehicle from private property. This agency shall not provide the property owner with any information regarding the ownership of the motor vehicle on his or her property.
J. 
Any towing service provider found to be disposing of vehicles in violation of this procedure will be charged with misapplication of entrusted property (N.J.S.A. 2C:21-15) and will be prohibited from providing service to the Township and Borough.
[Added 8-17-2021 by Ord. No. 2021-13]
A. 
No person shall tow any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from any privately-owned parking lot, from other private property or from any common driveway without the consent of the motor vehicle owner or operator, unless:
(1) 
The person shall have entered into a contract for private property towing with the owner of the property;
(2) 
There is posted in a conspicuous place at all vehicular entrances to the property which can easily be seen by the public, a sign no smaller than 36 inches high and 36 inches wide stating:
(a) 
The purpose or purposes for which parking is authorized and the times during which such parking is permitted;
(b) 
That unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner's expense;
(c) 
The name, address, and telephone number of the towing service provider that will perform the towing;
(d) 
The charges for the towing and storage of towed motor vehicles;
(e) 
The street address of the storage facility where the towed vehicles can be redeemed after payment of the posted charges and the times during which the vehicle may be redeemed;
(f) 
Such contact information for the Division of Consumer Affairs as may be required by regulation;
(g) 
The property owner has authorized the person to remove the particular motor vehicle; and
(h) 
The person tows the motor vehicle to a secure storage facility that is located within a reasonable distance of the property from which the vehicle was towed.
B. 
No private property owner shall authorize the towing of any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from the private property owner's property without the consent of the motor vehicle owner or operator, unless:
(1) 
The private property owner has contracted with a private property towing service provider for removal of vehicles parked on the property without authorization; and
(2) 
A sign that conforms to the requirements of Subsection A(2) of this section is posted on the property.
C. 
This section shall not apply to a motor vehicle parked on a lot or parcel on which is situated a single-family unit or an owner-occupied multiunit structure of not more than six units or in front of any driveway or garage entrance where the motor vehicle is blocking access to that driveway or garage entrance.
D. 
The requirements of Subsection A(2) of this section shall not apply to a residential community in which parking spaces are specifically assigned to community residents provided that:
(1) 
The assigned spaces are clearly marked as such;
(2) 
There is specific documented approval by the property owner authorizing the removal of the particular vehicle; and
(3) 
A sign, which can easily be seen by the public, is posted in a conspicuous place at all vehicular entrances to the residential community property, stating that unauthorized parking in an assigned space is prohibited and unauthorized motor vehicles will be towed at the owner's expense, and providing information or a telephone number enabling the vehicle owner or operator to immediately obtain information as to the location of the towed vehicle.
E. 
The exemption in this subsection shall not apply to any private parking lot or parcel owned or assigned to a commercial or other nonresidential entity located in such residential communities.
[Added 8-17-2021 by Ord. No. 2021-13]
A. 
The owner of any vehicle towed shall have the right to remove property belonging to him or her from the stored vehicle unless instructions to the contrary are marked on the towing form (i.e., traffic or criminal investigation). The vehicle owner or his or her representative shall have the right to take photographs of stored vehicles.
B. 
Public inspection.
(1) 
This chapter, all regulations adopted by the Police Chief and the fee schedules of individual tow operators, shall be available to the public during normal business hours.
[Added 8-17-2021 by Ord. No. 2021-13]
The towing of any vehicle without the consent of the owner must be reported to the Police Department prior to the removal of the vehicle from the property. The towing operator must advise the Police Department of the time and place from which the vehicle was towed, the license number, the vehicle identification number, the make, the model and color of the vehicle, and the location to which the vehicle was towed, in order to provide the Police Department, the opportunity to verify that the license number matches the vehicle identification number.
[Added 8-17-2021 by Ord. No. 2021-13]
The Chester Police Department is designated to enforce the provisions of this chapter in accordance with due process of law. In carrying out the provisions of this chapter, the Police Chief is hereby authorized to adopt additional reasonable regulations which are not inconsistent with this chapter.
A. 
Any contractor who violates any section of this chapter, in addition to any other penalties provided by law, shall be subject to suspension of towing privileges for one month for a first offense, three months for a second offense and six months for a third offense. If the contractor commits a fourth offense, its right to provide towing services to the township shall be permanently revoked.
B. 
Any contractor who violates the operator rate schedule shall receive a fine of $100 and suspension of towing privileges for one month. A second violation will result in a fine of $250 and suspension of towing privileges for six months. A third violation will result in a fine of $500 and permanent revocation of towing privileges.
C. 
In all cases of documented overcharges, the excess moneys paid will be returned by the contractor to the vehicle owner.
D. 
A towing operator may be removed from the annual list by resolution of the Township Council if its performance is determined to be unreliable or inadequate. If there is a breach of any of the provisions of this chapter or applicable regulations, an operator may be removed from the list by the Chief of Police pending action by the Township Council.