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:
ABANDONED VEHICLE
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.
APPLICANT
Any person who makes formal application under this chapter
to the Township Clerk.
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 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.
CRUISING
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.
GARAGE
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.
GVWR
Gross vehicle weight rating.
HEAVY-DUTY TOW
As defined in the most recent Maximum New Jersey State Police
Tower Rates Guide.
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 that is secured by a locking device on each opening.
LAND ALL TRAILER
A detachable trailer capable of hauling vehicles, machinery
and/or equipment, commonly referred to as a "low-boy."
LICENSED PREMISES/SITE
The licensed storage area under which the official tower
conducts operations in accordance with the provisions of this chapter.
MOTOR VEHICLE COLLISION
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.
OFFICIAL TOWER
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.
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 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.
OUTSIDE UNSECURED
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."
PERSON
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.
SHAREHOLDER
Any person, company, or organization that holds stock in
the company and owns a minimum of one share in a company's stock.
SPECIAL RECOVERY SERVICES
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.
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
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.
TOW LIST
Licensees performing towing service for the Township, or
called by a police officer, who shall perform on a rotating basis.
TOW VEHICLE
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."
WINCHING
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.
WRECKER
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.
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.
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 of a type to be visible for
a distance of not less than 1,000 feet from the disabled vehicle.
[Amended 2-6-2024 by Ord. No. 24-003]
(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, 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.
[Amended 2-6-2024 by Ord. No. 24-003]
(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.
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.
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.
[Amended 2-6-2024 by Ord. No. 24-003]
To qualify for inclusion on the list of official towers, applicants
must meet the New Jersey State Guidelines as maybe amended for light-duty
service wreckers; heavy-duty service wreckers and heavy-duty recovery
wreckers.
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.