[Ord. No. 2586, § 1; Ord. No. 2914, § 1]
For reference purposes, this chapter shall be known as the "Towing,
Road Service and Storage of Vehicles Ordinance" of the Township of
Belleville.
[Ord. No. 2586, § 2; Ord. No. 2914, § 2]
The purpose and intent of this chapter is to provide criteria
and standard operating procedures that are reasonable, nonexclusionary
and nondiscriminatory in the selection and use of towing operators,
on a rotational basis, in providing towing, road services and towing
of vehicles that are abandoned, disabled, illegally parked, stolen,
involved in accidents and/or suspected or identified by the Township
as being involved in criminal activities.
[Ord. No. 2586, § 3; Ord. No. 2914, § 3; Ord. No. 2968; Ord. No.
3176]
As used in this chapter, the terms listed shall be defined as
follows:
Shall mean the removal and transportation of a vehicle from
a highway, street or other public or private road, parking area, storage
facility or other area requested by the Township.
Light Duty.
Commercially manufactured chassis, rated capacity of not less
than 10,000 pounds GVWR;
Commercially manufactured lifting apparatus with a minimum capacity
of four tons;
Dual rear wheels;
Universal tow sling or wheel lift or wheel lift with system
seven safety chains;
One snatch block, three ton rating;
Proper safety lights;
Two flood lights to the rear of the vehicle;
One motorcycle sling;
Two-way radio, cellular telephone, or other communications system
approved by the Chief of Police.
Heavy Duty.
Commercially manufactured chassis, rated capacity of not less
than 32,900 GVWR;
Commercially manufactured lifting apparatus with a minimum capacity
of 35 tons;
Two snatch blocks, 12 ton rating;
Air brake hook-up lines;
Tow sling of wheel lift or wheel lift with system seven safety
chains;
Proper safety lights;
Amber rotation emergency flashing light;
Two flood lights to the rear of the vehicle;
Two-way radio, cellular phone, or other communications system
approved by the Chief of Police;
Shall mean a vehicle which has been abandoned or rendered
inoperable as a result of mechanical failure, or involvement in a
motor vehicle accident, or impounded pursuant to an investigation
of criminal activity. A vehicle, the location of which constitutes
a hazard to the motoring public, shall also be deemed disabled for
the purpose of this chapter.
Shall mean recovery services performed on trucks, buses,
tractor-trailers, and heavy machinery requiring the recovery of said
vehicle, or materials transported within of a complex nature included,
but not limited to "heavy winching" or other nonroutine services as
recommended by the towing operator and approved by the police officer
in charge on the scene.
Shall mean the act of storage and confining a vehicle upon
an order of the Police Department at either the towing operator's
storage area or a Township facility as a result of abandonment, forfeiture,
involvement in an accident, or suspected criminal activity.
Shall mean a vehicle storage facility that is completely
indoors, is secured by a locking device, and of sufficient size to
accommodate two full size motor vehicles.
Shall mean a vehicle storage facility with a minimum capacity
of 30 medium sized vehicles that is not completely indoors and that
is secured by a fence, wall or other man made barriers that are at
least six feet in height and is protected with on site security or
an alarm system. Outside storage facilities shall also maintain adequate
lighting to protect stored vehicles from vandalism.
Shall mean the person, firm, corporation or partnership who
owns and/or operates a vehicle on the roads and highways in the Township
of Belleville, which vehicle, by reason of being disabled or being
abandoned on the roads and highways of the Township requires towing
and/or storage.
Shall mean and include, but not be limited to, storage facilities in accordance with section 27-6c. and an office which is of sufficient size and is equipped to facilitate the towing operator's performance of its obligation pursuant to this ordinance and any contract entered into pursuant hereto with the Township.
Shall mean a person, firm, corporation or partnership engaged
in the business in providing towing, road and storage services for
vehicles.
[Ord. No. 2586, § 4; Ord. No. 2914, § 4]
The Chief of Police and the Township Manager are hereby designated
to administer and enforce all provisions of the "Towing, Road Service,
and Storage of Vehicles Ordinance".
[Ord. No. 2586, § 5; Ord. No. 2914, § 5; Ord. No. 3176]
a.
It shall be the responsibility of the Township Manager to approve
all applications for towing operators to be utilized on a rotational
basis for the purpose of providing emergency towing, road and storage
services to the owners of motor vehicles utilizing Township roads
when he determines that the following requirements have been met by
the applicant. On application forms, prepared by the Township, and
provided by the Township Clerk, all towing operators shall submit
written documentation that they are in compliance with the qualification
requirements set forth below:
1.
Submission of Certificates of Insurance. All towing operators shall
submit a current certificate of insurance and maintain a current certificate
on file with the Township. This shall be submitted to the Township
Manager, and filed with the Township Clerk, and shall name the Township
as an additional insured. Failure to have a current certificate on
file shall result in the towing operator's company being removed
from the rotational list and reapplication shall be required. The
certificate shall provide the evidence that the towing operator carries
the following insurance coverage:
(a)
Comprehensive General Liability: Coverage in minimum limits of $5,000,000
for bodily injury, per person and $500,000 for property damage.
(b)
Automobile Liability. Coverage in minimum limits of $5,000,000 per
accidental occurrence and in the aggregate for bodily injury and property
damage. This insurance must also include adequate coverage to protect
the owners of private vehicles that are in the care, custody and control
of the towing operator. Said coverage must provide at least $100,000
in minimum coverage for any damages of losses arising out of theft
of vehicle contents, the theft of vehicle itself, or due to fire or
explosion.
(c)
Excess Liability (Umbrella Form). A minimum of $5,000,000 for bodily
injury, per person and property damage combined.
(d)
Worker's Compensation. Coverage A - statutory: Coverage B -
$100,000 each accident with a $500,000 policy limit and $100,000 each
employee.
b.
The towing operators agree that they shall defend, indemnify, and
hold harmlessly the Township from and against any and all claims,
suits, judgments and demands whatsoever, including, without limitation,
cost, litigation expense, counsel fees, and liabilities with respect
to injury or to death of any person or persons whatsoever, or damage
to property of any kind by whomever owned, arising out of, or cause
or claim to have been caused in whole or in part by the negligent
acts or omissions of the towing operators, or any other person directly
or indirectly employed by the towing operators, while in the performance
of rendering any service pursuant to the scope of this chapter.
c.
The towing operator shall not hold the Township liable for any and
all fees for any towed or stored vehicles which are unclaimed or abandoned
on the towing operator's facilities.
d.
The towing operator shall provide towing services, which include,
but are not limited to, towing and roadside assistance for all Township
vehicles, at no cost to the Township, on a twenty-four-hour basis.
e.
The towing operator must submit proof, within 20 days of approval
of towing rotation, that they can supply the Township with an "E-trak"
or similar equivalent computer software package which is compatible
with the Police Department's management and records software
which provides automated towing and storage records. The towing operator
may provide, with the approval of the Township Manager, a separate
computer which is compatible and can communicate with the towing operator's
computer system for automated storage and towing records retrieval
by the Traffic Bureau and Township Manager. This software or computer
shall be provided at no cost to the Township.
[Ord. No. 2586, § 6; Ord. No. 2914, § 6; Ord. No. 3176]
a.
Any person, firm, corporation or partnership operating a towing and
storage business shall maintain a principal office of operation within
the Township. In maintaining a principal place of operation, any person,
firm, corporation or partnership operating a towing and storage business
shall conform with all of the Township's zoning, land use, and
property maintenance codes. Failure to comply with the Township's
zoning, land use, development, and property maintenance codes shall
subject an operator to suspension from the rotational duty service
list upon request to the Township Manager.
b.
Nothing herein shall preclude a towing operator from storing its
towing vehicles and equipment at another location outside the boundaries
of the Township. The minimum required towing apparatus shall be maintained
within the Township of Belleville, conforming to all State laws, local
ordinances, and zoning regulations.
c.
All towing operators shall have a storage facility. The storage facilities shall be lighted, fenced and/or secured in order to guarantee the safe storage of all vehicles in accordance with minimum requirements for indoor and outdoor, secured and unsecured storage facilities as defined under Section 27-3 of this chapter.
d.
In addition to other equipment which is necessary for the safe performance
of towing, emergency road and storage services, all towing operators
must own and/or have available at least two or more wheel lift wreckers,
two or more flatbed tow trucks, and two or more heavy duty hydraulic
tow trucks.
e.
All towing operators' tow trucks must be equipped with either
two-way radio and/or mobile cellular phone or other communications
system equipment, licensed by the Federal Communications Commission
(when necessary), approved by the Chief of Police. Said communications
equipment shall also be operational at their principal place of business,
including their garage and/or storage facilities to ensure the proper
availability of services and equipment on behalf of the Township motorists.
f.
All towing operators' tow trucks must be equipped with brooms,
shovels and other street sweeping equipment for clearing debris off
roadways. The towing operator shall, at the time of removing any motor
vehicle and in response to a police request, remove from the public
or private roads or highways, any motor vehicle debris or materials
in the area surrounding the vehicle, except for any debris or materials
in the area which may be hazardous and requiring specialized removal
such as oil, gasoline, kerosene or other petroleum or chemical products.
Charges to the vehicle owner shall not exceed the maximum fees listed
within this chapter.
g.
The towing operators' tow trucks and all other motor vehicles
shall be properly licensed and registered with the New Jersey Division
of Motor Vehicles. All towing operators' tow trucks shall display
New Jersey commercial towing or apportioned license plates, and required
towing permits issued by the Motor Vehicles Commission and be licensed
by the Transportation Committee.
h.
All towing operators shall have facilities and equipment that will
ensure and guarantee the furnishing of prompt and efficient services
for all vehicles.
i.
The towing operator's company name, address and telephone number
shall be prominently and permanently displayed on both sides of all
tow trucks and other towing vehicles.
j.
The towing operator shall employ a sufficient number of employees
to comply with the minimum operational requirements.
1.
No person shall be employed by the towing operator for this chapter
unless he has first obtained a fingerprint record check by the Belleville
Police Department, paid for by the towing operator, and has been approved
by the Chief of Police.
2.
All drivers of the towing operator shall be over the age of 18 years
and must have a valid, current New Jersey State Drivers license, appropriate
for the class tow vehicle being operated, shall be in good health
and of high moral character, and approved by the Transportation Committee.
3.
The towing operator shall submit to the Police Department names,
addresses and the drivers license numbers of all proposed drivers
and employees who will be rendering services under this chapter. No
driver or employee shall perform services under this chapter, unless
previously listed by the towing operator, to the Township. Failure
to submit this shall subject said towing operator to immediate disqualification.
4.
All employees of the towing operator shall wear uniform clothing
with a name patch indicating the employee's first name and the
name of the towing company. All employees shall be clean, neat and
make a good appearance.
5.
The towing operator agrees that the owner(s) or officers of the company
shall be responsible for the negligent acts of the employees while
acting pursuant to this chapter.
k.
All towing operators selected to serve on a rotational basis must
guarantee to the Township the availability of all services to be provided
seven days a week, 24 hours a day. In this respect, a towing operator
shall immediately respond to any type of towing, emergency road service,
or storage call with the appropriate vehicle and/or equipment within
20 minutes after receipt of telephone notification from the Township
Police Department. Unless heavy or unusual traffic conditions or inclement
weather within the Township prevents a towing operator from arriving
at the scene within 20 minutes, failure to respond within this time
frame shall be considered a violation of this chapter. Upon such violation,
the Township shall have the right to contact the next available towing
operator from the rotational list.
l.
The Township of Belleville reserves the right to contact other towing
services operators who may not be on the rotational list, within the
sole discretion of the Township Manager in the event of emergency,
disaster, or unavailability of towing operators on the rotational
list. Failure to respond within the prescribed time to three consecutive
calls shall result in suspension from the rotational list for up to
60 calendar days.
m.
The owner, or in the absence of the owner, the driver of the vehicle
involved in an accident shall have the right to designate a towing
operator of his/her choice. If the vehicle to be towed is situated
in a dangerous position in the roadway, and the towing company selected
has not responded within 20 minutes from the time the driver is notified
of this right, the Township reserves the right to contact the rotational
towing company. If the Police Officer on the scene determines that
immediate removal is a necessity for public safety, the driver or
owner of the vehicle shall not have the right to designate a towing
operator of his choice.
n.
Employees of the towing operator, in responding to a call, shall
request and be afforded police assistance during the course of providing
towing, emergency road services, or removal of abandoned or accident
vehicles when such employees find it necessary to turn around, back
up, tow in the opposite direction of traffic or to cross the median.
o.
A towing operator shall not permit a vehicle to be removed from the
site of a motor vehicle accident, the scene of a crime, or any other
instance or situation without the prior approval and permission of
the Police Officer in charge at the scene. A towing operator shall
not place or remove any items from a vehicle, which is involved in
a motor vehicle or criminal investigation without the expressed approval
from the Police Officer in charge on the scene.
p.
During a Township, County, or State declared snow, rain, or flood
emergency, the towing operator shall have available, within one hour
of such request, a minimum of five light duty tow trucks to assist
the Police Department to move, tow vehicles or otherwise clear the
streets, where needed.
q.
The towing operator shall release a towed vehicle after the owner
obtains the proper tow form releasing the vehicle from the Township
impoundment, from the Records Bureau of the Township Police Department,
and paying the authorized towing and storage fees. Releases from the
towing operator shall be available Monday through Friday 8:00 a.m.
to 5:00 p.m., excluding Township Holidays.
[Ord. No. 2586, § 8; Ord. No. 2914, § 7; Ord. No. 2968; Ord. No.
3176]
a.
Following the review of the applications by the Chief of Police,
and upon the Council approval thereof, a towing operators list will
be maintained and updated annually by the Police Department. It shall
be the responsibility of the Chief of Police to establish a towing
operators' rotational duty service list. The Police Department
shall call the towing operators in accordance with the rotational
duty service list as set forth by the Chief of Police. The Police
Department shall have the right to call the next towing operator on
the list should a towing operator fail to respond to a call within
20 minutes or if the first operator called cannot be reached by telephone
or advises that he is unable to respond.
b.
Weekly, the towing operator shall submit to the Traffic Bureau Commander
all original copies of released tow sheets and copies of all corresponding
towing bills showing itemized charges paid by the party taking possession
of said towed/impounded vehicle and shall have the person's name,
address, telephone number, and signature on said bill and copy. Each
approved towing operator shall, periodically or upon request submit
a report of unclaimed vehicles remaining in their possession as of
the date of the report.
c.
The towing operator shall forward to the Traffic Bureau Commander
a list of all vehicles towed under this chapter at the beginning of
every Township business day since the previous forwarded list.
d.
The towing operators shall pay the cost of preparing and sending
registered letters for preparing Junk/Salvage Title and cost of advertisement.
Where so authorized by the Chief of Police, the towing operator may
request conventional titles on vehicles, which are resalable and roadworthy.
Requests to seek conventional titles must be submitted, in writing,
to the Chief of Police.
e.
The Township shall conduct auctions of unclaimed vehicles with clear
titles on a timely basis as required by law. The towing operator shall
accept vehicles with junk titles of unclaimed vehicles in lieu of
towing and storage fees and charges from the Township. The towing
operator, on the rotational list, shall not assert any claim against
the Township for towing and storage fees, and other such charges from
the Township. The towing operator shall undertake reasonable effort
to contact the vehicle owner and bear the expense of obtaining junk
titles on unclaimed vehicles.
[Ord. No. 2586, § 9; Ord. No. 2914, § 8]
a.
The Chief of Police is hereby authorized to establish reasonable
rules and regulations for supervision, inspection and safe operation
of tow trucks, wreckers, and other related vehicles and equipment
in accordance with the standards outlined in this chapter. The Traffic
Bureau Commander shall have the right, at all times, to inspect all
towing vehicles and related equipment which perform services pursuant
to this chapter.
b.
At any time, should the Traffic Bureau Commander determine that any
vehicle being utilized is unsafe, he shall direct the immediate correction
of the condition or direct that a substitute vehicle be provided immediately.
[Ord. No. 2586, § 10; Ord. No. 2914, § 9]
a.
The Chief of Police shall have the authority to suspend a towing
operator from the rotational duty service list for a period up to
60 calendar days for failure to comply with any section of this chapter.
A subsequent violation shall result in the removal of the towing operator
from the rotational duty service list for a period up to 36 months.
A towing operator so affected may appeal the decision of the Chief
of Police as to either a suspension or a removal. In such cases, an
appeal shall be filed with the Township Manager within 10 business
days of the suspension/removal decision. The operator, Chief, and
such witnesses that may be called shall be afforded an opportunity
to be heard by the Township Manager who shall render his determination
within 20 business days following the conclusion of the hearing. The
Township Manager's determination, as rendered, shall be final
and conclusive.
b.
Failure to comply with the zoning, land use, and property maintenance codes of the Township shall also subject a towing operator to suspension from the rotational duty service list. Any towing operator suspended from the rotational duty service list for any violation of the Township's zoning, land use and development and/or property maintenance codes shall have the right to appeal as set forth in Section 27-9a above.
[Ord. No. 2586, § 11; Ord. No. 2914, § 10]
Any person, firm or corporation who violates any of the provisions
of this chapter shall, upon conviction, be subject to a fine not exceeding
$1,000 and/or to imprisonment for a term not exceeding 90 days or
both. Every violation of this chapter, or every day that any violation
shall be permitted to continue shall be construed as a separate and
distinct violation hereof. The Police Department is designated as
the enforcement agency for this chapter.
[Ord. No. 2586, § 7; Ord. No. 2914, § 13; Ord. No. 2968; Ord. No.
3176; Ord. No. 3273; amended 7-13-2021 by Ord. No. 3624]
a.
The Township shall from time to time adopt and/or amend the Towing
and Storage Fee Schedule, which shall set forth the maximum permitted
fees that shall be charged for towing and/or storage of passenger
automobiles or other vehicles by towing operators on the rotational
list. Towing operators transporting multiple passenger cars at one
time shall receive the applicable fees for the number of vehicles
transported. The fee rates for towing and storage are located at the
end of this chapter. The towing rates shall apply to within 1 1/2
mile of the Township boundaries. The towing operator may charge an
additional towing fee to the standard rates, listed, of two $2 per
mile, outside the Township boundaries.
b.
It shall be the responsibility of all towing operators to provide
all motorists utilizing the towing operator's services with a
written schedule of fees, which lists in full all fees, to be charged
for towing, storage, and road service. Towing operators shall not
exceed the maximum charges set forth on the Towing and Storage Fee
Schedule for vehicles regulated under the provisions of this chapter.
c.
The Towing and Storage Fee Schedule of all towing operators serving
the Township of Belleville shall be filed with the Township Clerk,
Township Manager, and Chief of Police within 10 days of notification
of approval, and shall be made available to any citizen upon request.
The fee schedule shall be made available at the Belleville Municipal
Building Police Records Department located at 152 Washington Avenue,
Belleville, Monday through Friday, except Township holidays, between
the hours of 8:30 a.m. and 4:00 p.m.
d.
The fees set forth for storage are the maximum storage charges per
calendar day period that shall apply to a vehicle that is stored as
a result of accidents, abandoned vehicles, repairs, emergencies or
suspected criminal activities.
e.
The fees set forth shall be exclusive of any other repair service
costs provided by the towing operator, including, but not limited
to, such activities as repairing flat tires or installing new and/or
spare parts to a disabled vehicle. The towing operator shall be permitted
to charge an additional fee based on the prevailing hourly labor rates
and charges for parts or materials. Wherever applicable, it shall
be the responsibility of the towing operator to first inform the owner
of the vehicle the hourly labor rates and the estimated total cost
for parts and/or materials. Wherever applicable, it shall be the responsibility
of the towing operator to first inform the owner of the vehicle of
the hourly labor rates and the estimated total cost for parts and/or
materials prior to the performance of road repair services. The towing
operator shall inform the owner that any repair services be performed
by it for the owner are not sanctioned by the Township or the Township
Police Department. The towing operator shall secure the signature
of the owner of the vehicle on a form to be provided by the Township
which shall advise the owner that any repairs provided by the towing
operator are not sanctioned by the Township or the Township Police
Department. The towing operator shall have the owner sign the form
provided prior to the commencement of any repair work. A copy of the
form shall be filed with the Township Police Department. Failure to
obtain the signature of the owner, by the towing operator, prior to
the commencement of any repair work, shall result in the suspension
or removal of the towing operator.
f.
In the event that use of the heavy-duty tow truck is required, the
maximum fee permitted for heavy-duty towing services shall not exceed
$300 an hour plus $3.50 a mile at any time and on any day. Use of
a heavy-duty tow truck shall, in each instance, be recommended by
the towing operator and approved by the Township Police Department.
h.
A one-time fee of $40 may be charged in the case of totally wrecked
vehicles, which need to be relocated within the storage lot, when
access to said vehicle by a salvage company who purchased said vehicle
is needed to remove that vehicle from the storage lot.
i.
Reserved.
[Deleted 7-13-2021 by Ord. No. 3624]
|
The TOWING AND STORAGE FEE SCHEDULE which outlines the service
provided and fees charged is amended as follows:
|
|
TOWING AND STORAGE FEE SCHEDULE
| |
|---|---|
|
Service Provided
|
Fees
|
|
Vehicles (under 1 ton) including motorcycles
|
$100
|
|
Winching
|
$150 (per hour)*
|
|
Storage
|
$25 (per day for first to third day) $45 (per day thereafter)
|
|
Vehicles (greater than 1 ton, less than 5 tons)
|
$225
|
|
Winching
|
$175 (per hour)*
|
|
Storage
|
$40 (per day for first to third day)+n $75 (per day thereafter)
|
|
Vehicles (greater than 5 tons)
|
$450
|
|
Winching
|
$350 (per hour)*
|
|
Storage
|
$90 (per day, per unit)
|
|
*Winching charges will apply to any vehicle without keys. Rate
will be any part of the hour.
| |
|
Heavy Duty Recovery Service
|
$450 (per hour while on scene)
|
|
75 Ton Rotator Crane Wrecker
|
$750 (per hour with 3 hour minimum.)
|
|
Manpower at Heavy Duty Recovery Scene
|
$80 (per hour per man)
|
|
Landoll Trailer Service (for large vehicles to be carried, which
are not towable)
|
$450 (per hour with 2 hour minimum)
|
|
Drive shaft Removal (for vehicles over 1 ton)
|
$75
|
|
Caging Brakes (for vehicles over over 1 ton)
|
$25 (per brake chamber)
|
|
Removal of Axles (for vehicles over 1 ton)
|
$75 (per axle)
|
|
Air Supply (for vehicles over 1 ton)
|
$50 (per unit)
|
|
Clean-up (nonhazardous)
|
$50 (minimum)
|
|
Yard Fee (for non-driveable vehicles needed to be removed from
yard by tow truck)
|
$60
|
|
The following mileage rates apply to requested out of town towing
service:
| |
|
Vehicles (under 1 ton)
|
$7 per mile
|
|
Vehicles (greater than 1 tone, less than 5 tons)
|
$10 per mile
|
|
Vehicles (greater than 5 tons)
|
$14 per mile
|
|
The following if necessary applies:
|
|
At heavy recover scenes, as need arises, to use emergency lighting,
dumpsters, loaders, etc., charges will be given accordingly. In addition,
any dump fees necessary will be charged accordingly.
|
|
In the event that heavy duty air bags are required, set up fees
will be $2,500 and an hourly rate is $500 per hour, with a two-hour
minimum.
|
[1]
Editor's Note: Ord. No. 3273 amended the Towing and Storage
Fee Schedule. Please refer to the schedule for the Township's
current fees.
