As used in this chapter:
AUTOMOBILE
A private passenger motor vehicle, whether owned or rented,
that is neither used as a public or livery conveyance for passengers
nor rented to others with a driver, and includes those vehicles described
in N.J.S.A. 39:6A-2.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
BASIC TOWING SERVICE
The removal and transportation from a highway, street or
other public or private road, or a parking area, or from a storage
facility, to the tow operator's storage facility of an automobile
which has been damaged or disabled or is recovered after being stolen,
and includes other services normally incident thereto, but does not
include recovery of such 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.
DAY RATE
The rate for services provided on Mondays through Fridays,
except on New Jersey State holidays, between the hours of 8:00 a.m.
and 4:30 p.m.
HEAVY TOW LIST
The rotating on-call duty list of licensed tow operators
established and maintained by the Chief of Police for the purpose
of providing heavy supplemental towing service in accordance with
this chapter.
INSIDE BUILDING STORAGE FACILITY
One 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.
LIGHT TOW LIST
The rotating on-call duty list of licensed tow operators
established and maintained by the Chief of Police for the purpose
of providing basic and light supplemental towing service in accordance
with this chapter.
OTHER MOTOR VEHICLE
A motor vehicle, as defined in Title 39 of the New Jersey
Revised Statutes, other than an automobile, as defined herein.
OUTSIDE SECURED STORAGE FACILITY
One that is not completely indoors, is secured by a fence,
wall or other man-made barrier that is at least six feet high, is
equipped with a passive alarm system or similar on-site security device
and is lighted at night.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
SUPPLEMENTAL TOWING SERVICE
The removal and transportation from a highway, street or
other public or private road, or a parking area, or from a storage
facility, to the tow operator's storage facility of another motor
vehicle which has been damaged or disabled or is recovered after being
stolen, and includes other services normally incident thereto, but
does not include recovery of such other motor vehicle 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.
TOW OPERATOR
A person or entity engaged in the business of removal of
automobiles and/or other motor vehicles from private or public property,
or the storage of automobiles and/or other motor vehicles following
removal, or both.
WAITING TIME
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to fire/EMS services
which must be performed and/or police investigations.
WINCHING SERVICE
Any operation in which a vehicle is moved onto a roadway
from a position off the roadway, or any other operation whereby a
vehicle is moved by the use of a cable from a position that is not
accessible for a direct hookup by conventional means for loading onto
a tow vehicle. Winching is not pulling a vehicle onto a tilt bed carrier
or lifting a motor vehicle with a conventional tow sling.
No person or entity shall engage in the in the business of towing
and storage of vehicles at the direction of the police without first
obtaining a tow operator's license, issued by the Bordentown Township
Municipal Clerk's office. Nothing herein shall require municipal licensing
for the rendering of road service to motorists or for provision of
towing and storage services other than the on-call basic and supplemental
towing service regulated by this chapter.
Vendor must maintain individual written records for impounded
and abandoned towed vehicles. These records will indicate full vehicle
information, odometer reading, date and time towed and released. These
records will be forwarded monthly to the Bordentown Township Police
Department. Impounded vehicles will not be released without written
Bordentown Township Police Department authorization.
A.
Abandoned vehicles. Vehicles under this section shall be processed
for titles by the Bordentown Township Police Department in accordance
with N.J.S.A. 39:10A-1.
(1)
The Bordentown Township Police Department shall be responsible
for providing the vendor with the name and address of the vehicle
owner and lienholder of all abandoned vehicles towed. This shall be
provided within three days of it being towed.
(2)
Both the vendor and the Bordentown Township Police Department
shall notify the owner and lienholder by regular and certified mail
of the following:
(a)
Cost imposed for towing and storage of the vehicle.
(b)
Provide instructions for recovering the vehicle.
(3)
Failure by the vendor to provide the appropriate notification
within 30 days of receiving the owner or lienholder information may
limit the storage fee to $750 as outlined in N.J.S.A. 39:10A-1.
B.
Unclaimed vehicles.
(1)
Impounded vehicles which remain unclaimed for 15 days after
the owner has been notified by the Bordentown Township Police Department
that it is authorized for release will be processed by the Bordentown
Township Police Department as an abandoned vehicle.
(2)
Vehicles towed as a result of a crash or any vehicle towed on
behalf of the Bordentown Township Police Department which remains
unclaimed for 30 days after being available for release will be considered
abandoned on private property.
Note: The NJMVC procedures for vehicles abandoned on private
property can be found on the New Jersey Motor Vehicle Commission (NJMVC)
website at: http://www.state.nj.us/mvcbiz/Abandoned/Abandoned_vehicles.htm
|
The Chief of Police shall promulgate rules, not inconsistent
with this chapter, as may be reasonable and necessary to carry out
the provisions of this chapter. Current copies of the rules shall
be kept in the Township Clerk's office and shall be provided to all
licensed tow operators.
The Chief of Police shall enforce this chapter and the rules
promulgated thereunder.