[HISTORY: Adopted by the Township Council of the Township
of Hamilton 12-20-2022 by Ord. No. 22-056[1]; amended and restated in its entirety 2-7-2023 by Ord. No. 23-005. Prior history includes Ord. No. 00-056; Ord. No. 01-033; Ord. No. 08-056; Ord. No. 09-022; Ord. No. 11-028. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any motor vehicle, automobile, omnibus, road tractor, trailers,
truck, truck trailer and vehicle which has been continuously parked
on any public street for a period of seven days or is so disabled
as to constitute an obstruction to traffic and the driver or person
owning or in charge thereof neglects or refuses to move same to a
place where it will not obstruct traffic, or is found to be mechanically
inoperative and is allowed to remain inoperative for a period of seven
days, or is parked for any period of time without the current year's
registration, license plates, or inspection markers as required by
law.
Any person who makes formal application under this chapter
to the Township Clerk.
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.
The driving of an unengaged wrecker to and from along a public
street in any fashion calculated for the obvious purpose of soliciting
business along the public street.
Township-furnished adhesive sticker showing proof of annual
license to tow.
A building where motor vehicles are sheltered, stored, repaired
and made ready for use, and it is specifically intended not to include,
within the meaning of this definition, a gasoline service station
used principally for furnishing gasoline, oil, lubrication service
and minor services for automobiles.
Gross vehicle weight rating.
As defined in the most recent Maximum New Jersey State Police
Tower Rates Guide.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles,
and that is secured by a locking device on each opening.
A detachable trailer capable of hauling vehicles, machinery
and/or equipment, commonly referred to as a "low-boy."
The licensed storage area under which the official tower
conducts operations in accordance with the provisions of this chapter.
As defined in the most recent Maximum New Jersey State Police
Tower Rates Guide.
As defined in the most recent Maximum New Jersey State Police
Tower Rates Guide.
An occurrence in which a motor vehicle comes in contact with
another object, for which the motor vehicle must be towed or removed
for placement in a storage facility. This includes all situations
which are accidental licensed owner or operator insurance 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.
A person or company licensed and summoned by the Township
of Hamilton to tow and/or store vehicles whose licensed site meets
the standards set forth in this chapter.
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 equipped with a locked gate and shall have an
alarm system or similar on-site security measure. The facility is
to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined in this section as "inside building"
or "outside secured."
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals,
and also includes all political subdivisions of this state or any
agencies or instrumentalities thereof.
Any person, company, or organization that holds stock in
the company and owns a minimum of one share in a company's stock.
Any action that is not normally associated with roadside
towing, winching, righting an overturned vehicle or other services
required when a vehicle is not on any portion of a traveled roadway
or shoulder. Winching a vehicle onto a flatbed with damaged wheels
or transmission is specifically excluded by this definition.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m. Charges shall accrue beyond 30 days.
Licensees performing towing service for the Township, or
called by a police officer, who shall perform on a rotating basis.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying or removing any and all
kinds of vehicles which are unable to be and actually are not operated
under their own power from the place where they are disabled to some
other place. This shall also include the term "wrecker."
Repositioning a vehicle that has been overturned or is off
the roadway or shoulder so as to accommodate the hooking and positioning
of the vehicle onto the tow vehicle. Winching shall exclude the pulling
of a vehicle onto a flatbed.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying or removing any and all
kinds of vehicles which are unable to be and actually are not operated
under their own power from the place where they are disabled to some
other place.
A.
The Township Clerk shall license persons or companies meeting the criteria set forth in § 468-8 and engaged in the business of or offering the services of motor vehicle towing or wrecking whereby damaged or disabled and/or impounded motor vehicles are towed or otherwise removed from the place where they are damaged or disabled and/or impounded by use of a tow vehicle as defined herein. Such person(s) or company shall be known as an "official tower."
B.
Official towers shall be identified by means of a license, which
shall be issued by the Township upon approval of application as hereinafter
provided. Each licensed official tower shall also have issued by the
Township a decal or insignia for each vehicle used in the towing operation
by the official tower and which shall be placed on each vehicle in
a prominent portion of such vehicle as required by the Chief of Police
or their designee. No vehicle or motorized equipment shall engage
in towing vehicles unless such insignia or decal is affixed as set
forth and the name of the official tower is permanently affixed to
the vehicle. The decal shall remain on the vehicle during the licensed
term. A new decal shall be issued upon approval of a reapplication
and reinspection.
The official tower shall furnish adequate and proper towing,
wrecking, and storage service to damaged or disabled motor vehicles
within the limits of the Township when requested to do so by the Chief
of Police or their designee. The official tower shall be available
to render service 24 hours per day, seven days per week, with a maximum
twenty-minute response time. No official tower shall subcontract or
assign any work performed by the official tower under the provisions
of this chapter.
A.
Each official tower's license shall be in effect for a period
of one year and shall expire on December 31. The commencement date
of the license shall be January 1 of the year of its issuance. Each
applicant for an official tower's license shall apply for such
license on or before September 1 of the year prior to the expiration
of the existing license. The Chief of Police or their designee shall
conduct their review and render a report to the Township Clerk recommending
either the approval or denial of the application within 45 days of
receipt of the application from the Township Clerk.
B.
The license shall not be transferable or assigned and may be subject
to revocation for any of the following reasons:
(1)
If it is subsequently determined that the applicant knowingly and
with intent to deceive made false, misleading or fraudulent statements
of material fact in the application or in any other document required
pursuant to this chapter.
(2)
Violation of any federal or state law or municipal ordinance or regulation
relating to the operation of a motor vehicle or the provision of towing
services.
(3)
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance.
(4)
Violation of any of the provisions of this chapter.
Applications for an official tower license shall be made to
the Township Clerk upon a form provided by the Township Clerk and
shall contain the following information:
A.
The name, business address, including the principal place of business
verified by the State of New Jersey Division of Taxation and the address
of the location that is to be licensed pursuant to this chapter, telephone
number and federal tax identification number. When the official tower
is owned and operated by an individual, the name, social security
number, residential and business address, business email, and telephone
number(s) of such individual shall be provided. When the official
tower is a corporation or partnership, the application shall contain
the names, residences, email addresses, telephone numbers, dates of
birth, and social security numbers of all persons owning any interest
in the official tower. In the event that the official tower is conducting
business operating under a trade or business name, the applicant shall
submit a certificate of such name as proof that such name has been
appropriately filed with the County Clerk's Office of Mercer
County and/or with the Secretary of State of New Jersey.
B.
Any such information as may be required by the Township Clerk or designee concerning the personnel, vehicles, equipment and storage facilities of such applicant, as hereinafter provided, showing that the applicant meets the minimum standards of performance as defined in § 468-9 herein.
C.
A certificate(s) of insurance evidencing adequate insurance coverage
as hereinafter provided. If insurance expired within 30 days of issue
of license, a renewal policy from an insurance agent must be included.
D.
No applicant shall make multiple applications to Hamilton Township
under secondary/multiple businesses in order to have multiple spots
on the Hamilton towing list. No vehicle may be listed on more than
one application nor can there be a transfer of vehicles between towers.
Any violation of this subsection shall void all current applications
and forfeit the tower's ability to file during the following
calendar year.
E.
Vehicles.
(1)
All towing vehicles must be listed on the application, including
the make and model number, year of vehicle, vehicle identification
number (VIN), license plate number and any and all other information
that the Township Clerk may deem necessary.
(2)
No vehicle may be listed on more than one application nor can there
be a transfer of vehicles between towers.
(3)
All vehicles must be operational and be able to satisfactorily pass
a DOT inspection at time of operation.
(4)
Decals and/or insignia are not transferable to any other vehicles.
(5)
Each vehicle must show the name and contact information of a licensed
company on the outside of the vehicle.
(6)
A complete list, including dates of service, of all other municipalities,
state agencies and/or governmental entities for which the applicant
is, or has been, an official tower or held a towing permit from. No
applicant shall be eligible for approval or appointment as an official
tower of the Township of Hamilton unless that applicant shall have
been an official tower with a minimum of three years' experience
in municipal towing in any municipality in the State of New Jersey.
(7)
A complete list of all actions taken against the applicant by a governmental
entity for the applicant's alleged violation of any towing ordinance
or regulation while towing as a licensed or permitted tower for that
governmental entity. If the applicant's towing license or permit
has been revoked, suspended or denied, the applicant shall list each
time, what governmental entity was involved and a brief description
of the event(s) that led up to the revocation, suspension and/or denial
of a towing license or permit.
(8)
Suspension or revocation of a license and/or the prior denial of
an application affecting the applicant from this municipality or any
county or state agency granting such license may be cause for denial
of a license under this section.
F.
Every tow vehicle shall be equipped with the following:
(1)
At least three advanced warning devices or flares of a type to be
visible for a distance of not less than 1,000 feet from the disabled
vehicle.
(2)
Approved warning lights/devices, brake and light connections for
the towed vehicle and safety chains. Flashing amber light bars must
be used at all times while servicing the vehicle and be visible for
a distance of not less than 1,000 feet from the disabled vehicle.
An amber light permit, as required by state law, must be acquired
by the applicant and submitted with the application.
(3)
Extra chains and cable for pulling or securing a towed vehicle.
(4)
At least one heavy-duty broom, a shovel, a crowbar or pry bar, a
set of jumper cables, a flashlight, one two-pound or larger fire extinguisher
of dry chemical type, one dozen flares or similar warning devices
for placement at the scene of an accident or behind a disabled vehicle,
at least 10 pounds of dry sand or a drying compound for gasoline and
oil spilled on the roadway and containers for removal thereof and
a sufficient quantity and types of tools to enable the tow vehicle
operator to perform proper and adequate emergency repair services
for the tow.
(5)
Safety vests must be worn by tow personnel when they are performing
services on the roadways. In accordance with the following specifications,
safety vests shall meet the ANSI specifications for the American National
Standard for High-Visibility Safety Apparel. The vest shall have a
minimum background area of 0.5 m2 (775
in2) material of either fluorescent yellow/green,
fluorescent orange/red, or fluorescent red in color and a minimum
of 0.13m2 (201 in2) retroreflective materials in a contrasting fluorescent color red,
orange/red, or yellow/green. The retroreflective material shall have
contiguous areas encircling the torso, placed in such a manner to
provide 360° of visibility.
A.
An official tower shall maintain, during the life of its license,
insurance policies of the type and with the minimum limits indicated
below and in a form satisfactory to the Township. An official tower
shall provide a certified copy of the policies and/or certificates
of insurance satisfactory to the Township with initial application.
All policies and/or certificates shall be submitted to the Township
Clerk for review and approval by the Department of Law.
(1)
Garage liability insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence, including premises operations and products/completed
operations.
(2)
Automobile liability insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence.
(3)
General property damage and liability insurance. Limit of liability
shall not be less than $1,000,000 combined single units.
(4)
Garagekeeper's insurance. Physical damage insurance policies
shall be specifically endorsed to provide direct primary insurance,
where applicable, for vehicles in tow, possession of, or storage on
property owned or controlled by the tower. Limit of said coverage
shall be not less than $500,000.
(5)
Excess umbrella insurance. Limit of liability shall be not less than
$1,000,000, providing protection in excess of the $1,000,000 garage,
auto liability coverage and general property damage and liability
coverage.
(6)
Workers' compensation insurance. New Jersey statutory coverage,
including employer's liability coverage.
B.
On all liability policies, the Township shall be added as an additional
insured, and insurance policies and/or certificates shall indicate
such coverage as primary coverage notwithstanding any insurance carried
by the Township.
C.
An official tower shall indemnify the Township and the public against
any loss due to injuries, accident or damages of any character whatsoever
where any such damage is the result of an act or omission of the official
tower, its agents or employees in or due to the execution of the work
called for under the contract.
D.
Certified copies of all insurance policies provided above or certificates
thereof satisfactory to the Township of Hamilton shall be provided
with the application. Each such policy or certificate shall contain
a provision that it is not subject to material change, cancellation
or nonrenewal unless 30 days' prior written notice via certified
mail/return receipt shall have been given to the Township of Hamilton
by the tower's insurer. All insurance policies or certificates
must be received 30 days prior to commencement of any work.
E.
The providing of any insurance required herein does not relieve an
official tower of any of the responsibilities or obligations assumed
by the official tower for which the tower may be liable by law or
otherwise.
F.
If any policies contain deductible or copayments, it shall be the
responsibility of the official tower to pay such sums at the same
time a claim is settled by the official tower's insurance company.
G.
If any policies contain limits of liability with an aggregate limit,
the official tower or official tower's insurance company shall
provide the Township quarterly during the policy period a statement
evidencing the limits of liability required under the contract to
be in force.
H.
Policies of insurance required by this section shall be maintained
in full force and effect at all times. At the discretion of the Township,
in the event that any coverage is cancelled, terminated or coverage
decreased in amount, same shall constitute a material breach of the
license and the tower shall be immediately removed from the official
towers list until such time as required coverage is reinstated. The
certificate or certificates and declaration pages shall provide that
the policies shall not be changed or cancelled until 30 days'
prior written notice has been given to the Township.
I.
All policies shall be written by either a company licensed to do
business in the State of New Jersey or a New Jersey eligible surplus
lines company with a minimum Best rating of A-VII (A-minus seven).
Same shall be written on an ISO (Insurance Services Office) form or
better.
J.
Official towers shall enter into a hold harmless agreement in a form
to be prepared by the Attorney for the Township prior to being included
on the official towers list. Applicants shall agree, in writing, to
assume the defense of and indemnify and hold harmless the Township,
its elected officials, boards, commissions, officers, employees and
agents from all suits, actions, damages or claims to which the Township
may be subject to, of any kind and nature whatsoever, resulting from,
caused by, arising out of or as a consequence of the provision of
towing, wrecking, storage and/or emergency services provided at the
request of this Township pursuant to this chapter.
Application(s) for light/medium-duty operation, heavy-duty operation and abandoned vehicle licenses under this chapter shall be accompanied by an application fee, as set forth in Chapter 215, Fees, of the Township Code, payable to the Township to cover the administrative expenses incurred by the Township in processing the application and an additional fee, as set forth in Chapter 215, Fees, for every vehicle for which an identifying decal is issued. All fees must be included in full with the application and are nonrefundable.
A.
Upon receipt of a complete application, the Township Clerk shall
forward a copy to the Chief of Police or their designee for their
review, investigation and recommendation.
B.
At the expense of the applicant, the applicant shall also cause each
of its drivers to have an III (Interstate Identification Index) background
check performed at a state-approved facility prior to that driver
performing any towing services in the Township. The tower must provide
copies of all background checks performed to the Township.
C.
A copy of a certified complete driver history abstract as issued
by NJ Division of Motor Vehicle Commission shall be provided with
the application.
D.
A copy of the application shall also be forwarded to the Zoning Officer,
who shall perform an inspection of the storage area to verify the
accuracy of the information contained in the application and to determine
compliance with the applicable zoning laws and regulations in the
standards of performance required by this chapter.
E.
An applicant may be included on the official towers list upon final
determination that:
(1)
The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statements of material in fact in
the application or in any other document required pursuant to this
chapter.
(2)
The applicant has met the standards in this chapter and has furnished
the required hold harmless agreement and certificate(s) of insurance.
(3)
The application has been reviewed by the Chief of Police or their
designee and a favorable report has been submitted.
F.
Background check; disqualification.
(1)
No principal, shareholder, employee, or agent of the applicant shall
have been convicted within the last seven years of any indictable
offense or any offense involving stolen or embezzled vehicles, fraud
relating to the towing business, stolen property, or any other offense
of similar nature.
(2)
The applicant hereby agrees that it will supply the Township any
information and will execute or have executed at the Township's
request any document(s) necessary to enable a criminal background
check to be performed on its principals, shareholders, employees or
agents and to have that information provided to the Township. The
applicant further agrees to ensure that, upon the Township's
request, the necessary process is undertaken and completed. If it
is determined by the Township that a principal within the company/corporation
or any employee or shareholder of the corporation shall have criminal
record information existing on file that violates the terms set forth
below, the applicant will immediately be given notice and five days
to take appropriate action as set forth by the Township. In the event
that the Township requests that a principal/employee be disqualified
from employment because of the reasons set forth herein, the applicant
agrees to be bound by and conform to this request. The applicant understands
and further agrees that failure to take the action set forth by the
Township will preclude the applicant being considered and/or will
constitute a material breach of the license and may result in suspension
or termination.
(3)
Disqualification will be warranted if the criminal history check
reveals a conviction:
(a)
For any indictable crime involving danger to a person;
(b)
For a crime against the family, children or incompetents;
(c)
For any other indictable crime; or
(d)
Involving a violation of any nature regarding work on any contract
with the state, any state agency or any county or municipality for
the provision of services similar to the services to be provided by
this license.
(e)
In any other state or jurisdiction, for conduct which, if committed
in New Jersey, would constitute any of the crimes or offenses included
in this subsection.
(4)
Notwithstanding the above provisions, a principal/employee shall
not be disqualified hereunder on the basis of any conviction disclosed
by a criminal history record check, upon the recommendation of the
Chief of Police, if the individual has affirmatively demonstrated
to the Township clear and convincing evidence of his rehabilitation.
In determining whether an individual has affirmatively demonstrated
rehabilitation, the Township shall consider:
(a)
The nature and responsibility of the individual's prospective
position;
(b)
The nature and seriousness of the offense;
(c)
The circumstances under which the offense occurred;
(d)
The date of the offense;
(e)
The age of the principal/employee when the offense was committed;
(f)
Whether the offense was repeated;
(g)
Social conditions which may have contributed to the offense;
and
(h)
Any evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment received,
acquisition of additional academic or vocational education, successful
participation in correctional work-release programs, or the recommendation
of persons who have supervised the principal/employee.
(5)
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days by the Township Clerk.
Official towers shall have available, at all times, a minimum
of two drivers to provide the services required by this chapter. All
drivers employed by official towers to provide the services required
by this chapter shall meet the following requirements and be subject
to the following regulations. They shall:
A.
Be competent and able to provide minimum road services for disabled
vehicles.
B.
All drivers of vehicles over 26,001 pounds are required to have a
commercial driver's license (CDL) by the State of New Jersey
and/or federal regulations and are required to furnish such license
for the purpose of this section.
C.
Obey all traffic laws and regulations.
D.
Not have been convicted of an indictable degree crime in the State
of New Jersey or the equivalent felony of any other state within the
past 10 years, at the discretion of the Township.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A.
Minimum vehicle requirements. Every official tower shall maintain
and have available to render services a minimum of one regular tow
vehicle with wheel lift, two flatbed vehicles, and one medium-duty
towing vehicle of at least 15,000 pounds gross vehicle weight. Registration
documents shall be provided to the Township certifying registration
is the same or better than the gross vehicle weight (GVW) of the vehicles,
as plated on the vehicle.
B.
Minimum vehicle requirements - heavy-duty. Every official tower (heavy)
shall maintain at least one heavy-duty towing vehicle of at least
35,000 pounds gross vehicle weight. Registration documents shall be
provided to the Township certifying registration is the same or better
than the gross vehicle weight (GVW) of the vehicles, as plated on
the vehicle.
C.
Vehicle classes.
(1)
Heavy-duty tow vehicles of 25,000 pounds gross vehicle weight or
more must be equipped with a boom with a twenty-ton minimum boom rating
or winch assembly mounted on the chassis, a tow sling or tow bar and
a wheel lift assembly or underreach capability. The winch assembly
must have 100 feet of at least five-eighths-inch steel cable attached
to a motor-driven winch.
(2)
Flatbed vehicles must be equipped with a winch or hydraulically operated
bed with slides or tilts to accommodate the transporting of vehicles.
A.
Every tow vehicle shall have cellular phone capability and/or radio
capability with a dispatching center on a twenty-four-hour basis.
B.
Every tow vehicle or flatbed vehicle shall comply with any and all
state, federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Chief of Police or their designee at
any time. All inspections shall be scheduled by the Police Division
and performed at Police Headquarters, Hamilton, NJ. Where applicable,
all permits required by other agencies than the Township shall be
provided to the Township upon request.
C.
Every tow vehicle or flatbed vehicle shall display the official tower's
decal and have the name of the official tower, by a permanently affixed
or painted sign, prominently displayed on the vehicle in such manner
so as to conform to the provisions of N.J.S.A. 39:4-46. Such demarcations
shall be placed on the outside door panels of the vehicle. The sign
shall be at least three inches in height and diameter, be visible
to the naked eye, and the names must be the same on both panels.
D.
Within 10 calendar days at the end of each month, the official tower
shall submit to the Township Clerk a copy of all closed itemized invoices
for services rendered to any owner or operator of a damaged or disabled
vehicle on a form of invoice. The official tower's invoice shall
contain the invoice number, name and address of the owner/operator
of the vehicle towed; the make and model of vehicle towed; plate number;
and the in date of the tow and the out date of the tow. Only fees
applicable in accordance with the most recently adopted Maximum New
Jersey State Police Tower Rates Guide shall appear on said invoice,
and there shall be one invoice per vehicle towed. The invoice shall
be a three-part copy to be distributed as follows:
A.
Upon approval of the application as herein provided, the Township
Clerk shall issue for the applicant an official tower's license
for each tow vehicle or flatbed vehicle to be utilized in providing
services pursuant to this chapter by submitting such to the Chief
of Police or designee for issuance to the official tower(s).
B.
Said licenses and identifying decal/insignia is to be affixed by
the Chief of Police or their designee, which shall be displayed on
the tow vehicle or flatbed vehicle at all times.
A.
All official towers must maintain an office with regular business
hours to the public between 8:00 a.m. and 6:00 p.m. at least five
days a week and three hours on weekends, excluding federal holidays.
The schedule of hours shall be filed with the Municipal Clerk. Any
change or amendment to the schedule of hours shall be filed with the
Municipal Clerk within five days of the change.
B.
To ensure the timely release of a vehicle, the tower shall, release
a vehicle to the owner of the vehicle and/or designee no later than
two hours from the vehicles arrival at the tower's facility or
within one hour of being contacted by the owner and/or designee of
the vehicle that wishes to take possession of said vehicle during
regular business hours. A tow receipt containing an itemization of
all fees must be provided for every transaction.
A.
Every official tower shall maintain an inside building and outside
secured storage area licensed site meeting the following requirements:
(1)
All official towers must have sufficient storage area on their own
premises to store towed vehicles at the licensed site. This area must
be over and above the requirement that is in effect for parking for
the site. No vertical stacking of vehicles is permitted. Each tow
vehicle must be stored at the official tower's licensed site.
A driver must be on call 24 hours a day, seven days a week to respond
to a call for towing during the rotation list. Official towers located
with the Township cannot store vehicles on the thoroughfares of the
Township, whether under the auspices of the Township, County of Mercer
or State of New Jersey, without Township approval. Storage of vehicles
on the thoroughfares of other municipalities wherein Township towers
are located is subject to the requirements of those municipalities.
(2)
The location of the storage area shall be located within the limits
of the Township or must be within five miles from the border of the
Township. Lettering on yard location must be a minimum of 10 inches
tall, visible from the roadway. The sign must be properly affixed
to a fence, structure or building; plastic ties are unacceptable.
(4)
The storage area shall be fenced with fencing at a minimum of six
feet in height. The fenced area shall be no less than 5,000 square
feet in area, dedicated solely to the operation of the tow company
at the licensed site. No other business or tow company shall use the
storage area designated. The storage area shall have a suitable gate
and be installed with a locking device or a similar on-site security
measure. The facility is to be lighted at night.
(5)
A certificate of occupancy must be furnished with the application
indicating that the licensed site is legally zoned for towing and
storage of vehicles or is subject to land use approval permitting
such use in accordance with the requirements set forth herein.
(6)
All official towers must maintain an office with regular business
hours to the public between 8:00 a.m. and 6:00 p.m. at least five
days a week and three hours on weekends, excluding federal holidays.
The applicant shall prominently display the hours with proper signage
during which the facility will be open. The facility/building must
be sufficiently staffed and equipped to allow for the prompt intake
and release of vehicles. The building shall be within sight distance
and/or within 500 feet of the entrance of the storage area. On the
application for a towing license, the applicant shall list all business
hours, required pursuant to this subsection, for the calendar year
of the license in question, which shall not be changed during the
calendar year.
(7)
The official tower shall not charge any additional fee or other charge
for releasing vehicles to their owners during normal business hours
or for moving a vehicle from one location to another in the storage
area.
(8)
A official tower must make reasonable accommodation for after-hours
release of stored vehicles. The official tower may charge for after-hours
release in accordance with the most recently adopted Maximum New Jersey
State Police Tower Rates Guide.
(9)
The applicant shall, with its application, submit proof of ownership
or a complete copy of the lease of the storage area.
(10)
The official tower shall be responsible for ensuring the proper
and safe storage of all vehicles towed pursuant to this chapter. The
official tower shall be liable for any damage incurred by such vehicles
while in transit to or while stored in the storage areas.
(11)
Towing rates must be displayed prominently at the licensed site.
(12)
All storage of vehicles shall be at the licensed site.
(13)
Inside storage shall be capable of storing no less than two
vehicles with each having an overall length of 245 inches long by
96 inches wide per license.
B.
Video surveillance of the storage area shall be available to the
enforcement agency within 24 hours of a request to review footage.
Security footage shall be kept for a minimum of 30 days.
A.
The Township Clerk shall keep a register of the names of all those
owning or operating wreckers accepted under the license provided for
in this chapter, together with the license number and the description
of such wreckers and the date and complete record of inspections made
of them.
B.
All drivers must obtain an official tower identification card and
maintain a safe driving record. Such identification card shall be
presented to the officer(s) at the scene for verification that the
individual is a licensed and approved tower for the official towing
company.
C.
Every person licensed under this chapter shall make a record, in
a record book kept solely for such purpose, of the details of each
disabled vehicle towed, serviced or transported, together with full
information concerning the details surrounding the hiring, the names
of the owners of the towed vehicle and of the patron engaging him,
and the charges paid for his services. The record book described in
this section shall be open for inspection at all times by any duly
authorized representative of the Township.
A.
For purposes of this section, storage charges "per calendar day"
means the maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period. There shall be a prorated fee from
the time of the initial tow until 12:00 midnight. After such time,
a per-calendar-day rate shall take effect. All storage rates must
follow the most recently adopted Maximum New Jersey State Police Tower
Rates Guide.
B.
Towing rates shall include the total distance traveled from the tow
vehicle's base of operations to the job site and return by way
of the shortest route possible. Tow vehicles transporting multiple
vehicles at one time shall charge the applicable fee for each vehicle
transported. No person shall be liable to any tow operator who tows
or stores an automobile for any fees in excess of this chapter.
C.
Official towers engaged by the Township of Hamilton shall not charge
a fee in excess of the most recently adopted maximum New Jersey State
Police rates. No charges may be imposed for roadside service and labor
categories as listed in the rate guide, except for accident cleanup
and disposal of debris, which may be charged at $60 per hour, plus
the cost of absorbent material used, as promulgated in the Township's
Allowable Rates-Towing Service Guide listed under Additional Service
at Paragraph (3a).
D.
Official towers must provide itemized invoices for only services
rendered that conform with the most recently adopted New Jersey State
Police Tower Rates Guide.
E.
The Township of Hamilton shall be charged at a rate of 50% of the
most recently adopted Maximum New Jersey State Police Tower Rates
Guide.
F.
After the first hour, all hourly billable rates shall be charged
in half-hour increments.
G.
Charges for all official tows are inclusive of the operator(s). An
official tower may not separately charge for an operator that drives/operates
the towing equipment or manual labor.
H.
Every operator of a wrecker shall give the driver of the vehicle
being towed a written notice listing the fee to be paid and the name
and address of the tower. A copy of this notice shall be given to
the police officer in charge or to the Chief of Police if no officer
is present. If the driver is not available, the operator shall give
the officer in charge or the Chief of Police two copies of the notice.
The form of this notice must be approved by the Chief and will be
printed at the expense of the tower. All disputes as to fares shall
be determined by the Chief of Police. The police officer at the scene
shall report any disputes to the Chief.
A.
Official towers shall perform on a rotating basis. The rotating system
is to be used in the assignment of towers in such areas where the
owner or driver of a motor vehicle declares or is unable to indicate
any specific choice of a tower to remove the vehicle. When the owner
or driver of the disabled motor vehicle indicates a choice of a specific
tower owner, that tower shall be called and no tower shall be assigned
from the rotation list. No person shall respond to the scene of a
disabled vehicle except upon notification by the officer in charge
in Police Headquarters or upon request of the driver or owner of the
disabled motor vehicle.
B.
Such additional rules and regulations regarding the rotation of towers
as may be promulgated under this chapter by the Municipal Clerk shall
take effect immediately after service of a copy thereof on holders
of all appropriate licenses for towers in the Township, which service
may be made by addressing the copy to the licensees by ordinary mail
at their last known address. If, pursuant to the rules and regulations
for rotation of towers adopted under this chapter, the Police Division
summons a tower to the scene of a disabled vehicle for the purpose
of removing the vehicle and the summoned wrecker shall arrive at the
scene, the owner or driver of the disabled vehicle shall use the services
of the summoned tower.
C.
In the establishment of a rotation system of assignment of towers,
separate lists shall be set up for light/medium-duty towers, heavy-duty
towers, and abandoned vehicles. The assignment of a call from the
heavy-duty list of a heavy-duty tower shall be in addition to, and
not in limitation of, the rights of such heavy-duty tower owner to
participate on a rotating basis in the light-/medium-duty call list.
D.
The Township shall request service only from official towers; provided,
however, that if no emergency or road hazard exists, the Chief of
Police or their designee shall allow the owner of the motor vehicle
to call the tower of their choice. If the response exceeds 30 minutes
by the wrecker chosen, the next official tower from the rotation list
shall be called.
E.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Township over any other requests which may be received by the official
towers.
The Chief of Police shall establish reasonable rules and regulations
for the inspection and operation of wreckers and for the design, construction,
maintenance and condition of fitness for the safe conduct of the wrecker
service business in accordance with the standards in this chapter.
A licensee under this chapter shall maintain all wreckers in a condition
of safety for the transportation and hauling of disabled vehicles.
The Chief shall have the right at all times to inspect all such licensed
wreckers and shall maintain a record, in writing, of the report of
all such inspections. If at any time the Chief of Police shall deem
the equipment inadequate or unsafe, he shall have the power to demand
immediate correction and, if not corrected to the full satisfaction
of the Chief, shall then have the power to immediately suspend the
license in the interest of protection of the public health, safety
and welfare after a due process hearing is had before the Chief of
Police upon the nature and circumstances of the violation.
A.
The official tower must maintain written records for impounded and
abandoned towed vehicles. The record shall indicate year, make, model,
color, odometer reading, date and time towed and released. Impounded
vehicles shall not be released without written HTPD authorization.
B.
All vehicles found by the Police Division to be abandoned shall be
towed to the licensee's storage facility. These vehicles will
be towed at a rate that is in accordance with the most recently adopted
Maximum New Jersey State Police Tower Rates Guide.
A.
A licensee under this chapter shall arrive at the scene of the accident
within 20 minutes of the call for service, unless a longer response
time is approved by the Police Division.
B.
If the tower on call is dispatched for a towing service and arrives
on the scene of the accident within the specified response time, the
tower shall be given the tow or paid the towing fee by the owner,
regardless of whether the owner has subsequently requested another
tower be dispatched.
C.
If the licensee misses and/or refuses three calls within a thirty-day
period, the tower's license may be suspended for a period to
be determined by the Township. The Police Division shall provide the
Township Clerk, by the 10th day of each month, a monthly tow service
vehicle log. Written notification will be given by the Township Clerk
for each missed and refused call. There will be no refund of licensee
fees for suspended licenses.
D.
If the tower is called by the police and the vehicle to be towed
does not require a tow before the tower arrives, there will be no
fee charged, and the tower will not be charged with a call but will
receive the next tow call.
E.
Refusal to respond to any service request shall result in the licensee/contract
tower being skipped for their next regular rotation call. Subsequent
offenses of this section shall be addressed by the Township Clerk
and the Chief of Police or their designee.
A.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be punished by the penalties set forth in Chapter 1, General Provisions, § 1-2, Violations; penalties, of the Township Code, in addition to the penalties established by this chapter. Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
B.
In addition to the penalty provided in Subsection A of this section, any license issued under this chapter may be revoked or suspended or renewal denied, after notice and opportunity to be heard in accordance with Chapter 285, Licenses and Permits, of the Code of the Township of Hamilton, for violation of the provisions of this chapter or of any rules and regulations established thereunder or for violation of the provisions of any federal or state law or any local ordinance, including but not limited to the Zoning Ordinance of the Township.[1]
C.
The Township Clerk shall be the enforcement agency. The Business
Administrator or their designee shall have the authority to hear complaints
against any official tower, whether brought by Township representatives,
the public and/or other official towers. Any and all complaints lodged
against a towing agent in the Township by another towing agent shall
be put in writing. The complaint will be forwarded to the Township
Clerk, who will forward a copy to the Business Administrator.
D.
In the event that a complaint (of a noncriminal nature) is received by the Township involving the improper or unsatisfactory performance of services by an official tower or damage to a motor vehicle while in the custody of the tower, the procedure as established in Chapter 285 shall be followed.
E.
The enforcement agency shall give written notice of said complaint,
by certified mail, return receipt requested, to the official tower
against whom the complaint is made. The official tower shall make
a written response to such complaint within five calendar days from
receipt of the written notice. Copies of the notice of complaint and
written response shall be provided to the Business Administrator.
F.
The Business Administrator, after hearing the matter, shall have
the authority to invoke disciplinary action according to set policy.
Any contestation of such decision by the Business Administrator shall
be made by way of appeal to the Council within 14 calendar days of
the notice of said suspension or revocation. The Council shall then
conduct a hearing regarding the appeal of the suspension or revocation
at the next public Council meeting or within 30 calendar days of the
tower's notice of appeal. Any suspension will be for the remainder
of the tow week and, at a minimum, the following rotation.
G.
If, after considering the matter and the findings by the Business
Administrator, the Council shall determine that there is good and
sufficient cause for suspension or revocation of the official tower's
license, the tower shall surrender said license to the enforcement
agency within one calendar day.
H.
Failure to surrender the license upon suspension or revocation shall
constitute a violation of this section, subject to all legal action
available to the Township, including permanent removal from the official
towers list.
I.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction. Upon the second suspension within one towing term, said
towing agent shall be revoked for the remainder of the term.
J.
If the licensee cannot, at any time, meet any provisions of this
chapter, the licensee shall inform the Township Clerk in writing.
If in the opinion of the Township Clerk the licensee's failure
to meet the specifications of this chapter was the fault of the licensee,
the licensee shall be liable for a fine of not less than $100 per
day for each day any provision of this chapter was not met.
A.
Copies of this chapter and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at the Township Hall. Copies shall also be made available
to the public at each official tower's place of business.
B.
All official towers shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of fees that may be
charged for all services, provided that the same is pursuant to this
chapter.
C.
The Township reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment, records, and storage areas
of all official towers.
D.
Each official tower shall keep and maintain adequate and complete
records showing all vehicles towed, stored and released, all services
rendered and all fees charged and collected. All records shall be
available for inspection by the Township at any time during normal
business hours. Records shall be kept and maintained by the official
tower at one central location and shall be retained for a period of
seven years. Records may be written, printed or computerized, as long
as the requirements of this subsection are met.
E.
Neither the Township nor the tower shall be construed in any manner
whatsoever to be an employee of the other, nor shall any employee
or agent furnished by any party be construed to be an employee or
agent of the other party. Inclusion on the official towers list shall
not be construed or considered as a joint venture, partnership, association,
contract of employment or profit-sharing agreement.
F.
The official tower shall, at all times, be solely responsible for
the conduct of its employees and reporting of any changes to the Township
Clerk.
H.
All Township vehicles towed by any licensee shall be towed to the
Hamilton Township Department of Public Works.
A.
A limit, per day, for the first 30 days of storage of a removed vehicle
found abandoned by the police and towed at their direction and stored
at a tower's facility may be charged to the Township for the
storage of the vehicle. The daily limit shall be in accordance with
the most recently adopted Maximum New Jersey State Police Tower Rates
Guide.
B.
A limit, per day, for the 31st day of storage and any day thereafter
of a removed vehicle, whether said vehicle is found abandoned by the
police and towed at their direction and stored at a tower's facility
for the storage of the vehicle.[1] The daily limit shall be in accordance with the most recently
adopted Maximum New Jersey State Police Tower Rates Guide.
[1]
Editor's Note: So in original.
C.
A maximum limit per removed vehicle, whether said vehicle is owned
by the Township of Hamilton or found abandoned by the police and towed
at their direction and stored at a tower's facility, may be charged
for the storage of the vehicle regardless of the duration of the storage.
The maximum limit shall be in accordance with the most recently adopted
Maximum New Jersey State Police Tower Rates Guide.
