[HISTORY: Adopted by the Township Council of the Township
of Gloucester 9-28-2020 by Ord.
No. O-20-12. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Gloucester
Township Towing Ordinance."
The purpose of this chapter is to establish, pursuant to N.J.S.A.
40:48-2.49, an orderly system to provide for towing services for removal
of damaged motor vehicles in accidents and other abandoned, illegally
parked or disabled vehicles within the Township of Gloucester, using
a towing list of licensed towing operators who will be called upon
a rotating basis by the Police Department.
As used in this chapter and unless otherwise indicated by the
context, the words or terms herein shall have the meanings indicated.
When not consistent with the context, words used in the present tense
shall include the future tense; words in the plural shall include
words in the singular number; and words in the singular shall include
the plural number.
Shall be described and defined pursuant to the map, as prepared
by the Township Engineer and attached to this chapter.
The Chief of Police of the Township of Gloucester.
The operation of an unengaged wrecker along a public street
at a slow rate of speed or in any fashion calculated, designed or
having the effect of soliciting towing business on a public street.
The fenced-in area specifically used by a tower, on the approved
towing list of the Township, for storage of towed vehicles. Not more
than two impound areas may be contained with each 1/2 acre of any
one storage facility.
Between 9:00 a.m. and 5:00 p.m. Monday through Friday, and
9:00 a.m. and 1:00 p.m. Saturday.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
"Shall" is always mandatory and not merely directory.
Storage lot or storage area, and shall mean the location
within a five-mile radius of the center point of Gloucester Township,
as defined by this chapter, consisting of a minimum of 1/2 acre and
used for storage of vehicles towed by towing operators on the list
approved by the Township.
The list of towing operators and wreckers maintained by the
Police Department under the direction and supervision of the Chief
of Police to provide, on a rotating basis, towing service and storage
at the request or call of authorized personnel or member of the Police
Department in cases of emergency, accidents involving motor vehicles
and for disabled abandoned or illegally parked vehicles.
A person engaged in the business of offering towing services,
whereby damaged, disabled, illegally parked or abandoned motor vehicles
are towed or otherwise removed from the places where they are damaged,
disabled, impounded or abandoned by use of a wrecker, tow truck or
other vehicle designed for that purpose. A towing operator shall maintain
a business office for administration purposes of vehicles towed or
impounded pursuant to this chapter within a five-mile radius of the
center point of Gloucester Township, as defined in this chapter.
That service performed, rendered or provided by towing, removing,
transporting, or conveying any kind of vehicle which is or has been
damaged, abandoned, impounded, disabled or otherwise unable to be
moved under its own power, for which a charge is made against the
owner or operator of the vehicle.
The Township of Gloucester, County of Camden, State of New
Jersey.
A vehicle designed and equipped for removing and transporting
wrecked, disabled, abandoned or impounded vehicles. This term shall
also include a flat bed, tow truck or other vehicle used for or to
perform towing services.
A.
New applications for the current year following adoption and effective date of this chapter. The Township of Gloucester Department of Police may establish an expanded list of towing operators-wreckers, who qualify to be called by the Department of Police, pursuant to the terms of this chapter. Towers who wish to be included on the expanded list of qualified towing operators-wreckers for the current year shall complete an application and provide all requisite documents to the Gloucester Township Chief of Police between June 1 and June 30 of the current year. If any application is deemed incomplete by July 1 of the current year, the application shall not be considered to be included on the expanded list of qualified towing operators-wreckers. All applications will be investigated by the Department of Police for qualification and acceptance. All Department investigations will be completed by July 31. The Chief of Police shall submit all approved applications to the Township Clerk for the issuance of the required license, to commence on August 1 of the current year to expire on December 31, 2020. Thereafter, all towing license applicants shall comply with Subsection C, below. The Chief of Police shall establish and maintain a list of qualified towing operators who shall be issued licenses to provide, on a rotating basis, towing services at the request of the Gloucester Township Police Department. Towing operators on the list will be scheduled and treated equally and fairly.
B.
All current license holders with licenses that expire on September 30, 2020, shall be extended to December 31, 2020. Thereafter all intended towing license applicants shall comply with Subsection C, below.
C.
New or renewal applications for the first full year, being January
1, 2021, to December 31, 2021, following adoption and effective date
of this chapter.
(1)
The Township of Gloucester Department of Police shall establish a
list of towing operators-wreckers, who qualify to be called by the
Department of Police, pursuant to the terms of this chapter. All towing
operators-wreckers must be in compliance with all ordinances within
the Township of Gloucester. All towers who wish to be included on
the list of qualified towing operators-wreckers shall complete an
application and provide all requisite documents to the Gloucester
Township.
(2)
Chief of Police, between August 1 and August 31 of each year. If
any application is deemed incomplete by September 1 of each year,
the application shall not be considered for the upcoming twelve-month
period, commencing January 1 of each year. All applications will be
investigated by the Department of Police for qualification and acceptance.
All Department investigations will be completed by November 30 of
each year. The Chief of Police shall submit all approved applications
to the Township Clerk for the issuance of the required license, to
commence on January 1 of each year for a twelve-month period. The
Chief of Police shall establish and maintain a list of qualified towing
operators who shall be issued licenses to provide, on a rotating basis,
towing services at the request of the Gloucester Township Police Department.
(3)
Towing operators on the list will be scheduled and treated equally
and fairly.
A.
No person, firm or corporation, while acting as the official tow
service for the Township of Gloucester, shall operate a towing service
upon or along any street in the Township until the owner has obtained
a license therefor.
B.
To be placed on the towing list, towing operators shall be qualified
and required to apply for and hold a license to perform towing services
at the request or call of the Police Department. The license shall
be issued to all qualified towing operators approved by the Chief
of Police to be placed on the towing list. Said license shall be subject
to annual renewals by the Chief of Police.
C.
Prior to issuance of any license or renewal, the Chief of Police
shall cause an inspection to be made of the required storage facility
and towing equipment to verify compliance with this chapter and all
other applicable federal, state and local laws, ordinances, rules
and regulations.
Applications for licenses hereunder shall be submitted to the
Chief of Police upon forms prepared and made available by the Township.
The application form shall be properly completed, signed and accompanied
by the application and license fee. The Chief of Police shall investigate
and review all applications for compliance with the terms of this
chapter and minimum standards of operator performance mandated by
statute. Towers must be in compliance with all ordinances within the
Township of Gloucester. The background and driving records of all
applicants and employees shall be checked by the Police Department.
Among other things, the application shall contain:
A.
The name of the applicant with both the home and business address
of the applicant as well as home and business telephone numbers.
B.
A statement whether applicant is an individual, firm, partnership,
association, corporation, company or other type of entity.
C.
The names and addresses of all persons owning an interest in the
applicant and, if a corporation, the names and addresses of all officers
and stockholders with the interest held by each.
D.
The names of all employees with their drivers' license and social
security numbers.
E.
The description of all vehicles and equipment to be used in providing
towing service, setting forth the year, make, model serial number,
license and registered owner of each vehicle.
F.
The location where the tow truck(s), wrecker or other equipment is
garaged, maintained and stored; the name and address of the owner,
lot and block number and size of storage facility or impound area,
including the number of storage vehicle spaced available.
G.
The name and address of the owner operator's insurance carrier(s)
and the policy numbers of all insurance policies issued for the business,
business premises and the vehicles identified.
H.
A copy of the current fee schedule for towing and storage services.
I.
A certification that the towing and storage service fees will be
in compliance with this chapter.
J.
A certification granting permission to Gloucester Township Police
Department to conduct inspections of wreckers, tow trucks(s) and storage
facility to determine compliance with this chapter.
K.
A certification that the applicants understand and agree that they
must be able to respond and be present at the towing location within
20 minutes of receipt of notice of the towing.
L.
Such other information as the Township may deem necessary and appropriate.
A.
Upon receipt of all completed applications, the Chief of Police shall
conduct or cause to be conducted such investigation as he deems necessary
to determine the truth and accuracy of the information contained in
the application, and the applicant's compliance with this chapter,
including the motor vehicle and criminal record of the applicant and
all employees. All employees of the applicant must be fingerprinted
by the Department of Police or its authorized vendor. The applicant
and all employees are subject to a background check by Township's
Police Department or its authorized vendor.
B.
The applicant may be refused if such investigation reveals the following:
(1)
Conviction of any crime or misdemeanor involving arson; aggravated
assault; breaking and entering; bribery and corruption; burglary;
embezzlement, conspiracy, conversion and misappropriation of funds;
extortion; larceny; loan sharking; possession or use of a controlled
dangerous substance; and other crimes against the person or crimes
involving moral turpitude; in the last 10 years, or a disorderly persons
conviction over the last three years.
(2)
Conviction of operating a motor vehicle under the influence of an
intoxicating liquor or drug (N.J.S.A. 39:4-50); leaving the scene
of an accident (N.J.S.A. 39:4-129); failure to report an accident
(N.J.S.A. 39:4-130); reckless driving (N.J.S.A. 39:4-96); and possession
of a controlled dangerous substance in an automobile (N.J.S.A. 39:4-49.1);
in the last two years.
(3)
Inaccurate application information.
(4)
Failure to provide a list of experience-related towing.
(5)
Insufficient personnel to staff the equipment and facility.
(6)
Not having required state/Township licenses.
(8)
Service on twenty-four-hour basis, seven days a week.
(9)
Insufficient:
(a)
Capacity.
(b)
Contractor responsible for safe storage.
(c)
Area location to facilitate reasonable towing distances.
(d)
Area enclosed by a sturdy fence with a minimum height of six
feet.
(e)
Area to be lighted from dusk till dawn.
(f)
Area legally zoned for such use.
(g)
Proof of ownership or lease of storage area.
(h)
Facility available 24 hours a day, 365 days per year and open
to the public on weekdays during normal business hours and limited
hours on Saturdays and Sundays.
(i)
Area allowing access by Police Department officers at all times
in order to conduct investigations and to ensure compliance with this
chapter.
(j)
No release fees charged for releasing vehicles after normal
business hours.
(k)
Storage facility within a five-mile radius of the center point
of Gloucester Township.
(l)
Signage visible with hours of operation and contact information.
C.
The Chief of Police shall, following review of the application, endorse
his approval or disapproval of the application, within 30 days of
completion of the motor vehicle and criminal records checks. If the
application is disapproved, the reasons therefor shall be set forth
in writing.
A.
An operator's license shall be issued by the Township Clerk to the
applicant, upon approval thereof by the Chief of Police, and upon
submission of proof of insurance as required by this chapter.
B.
Such license shall be issued with a commencement date of January 1 of each year by the Township Clerk, except as provided under § 79-4A above.
C.
All licenses issued pursuant to this chapter shall expire December
31 of each year.
D.
Applications for renewal of licenses shall include a certification
as to any changes in the information set forth in the original application,
and shall be filed August 1 to August 31 of each year.
E.
All licenses issued under this chapter shall be prominently displayed
on all wreckers and tow trucks and at the operator's place of business,
with Township certificate.
F.
All licenses issued under this chapter are nontransferable.
G.
Licensee shall permit no new employee or temporary employee to operate
under a license unless first approved in accordance with the procedures
set forth in Issuance of license.
H.
All approved employee/drivers shall be required to display on their
shirt or cover jacket their name and employer name and/or identification
symbol, which must be worn while acting in their capacity as a towing
vendor.
I.
The regulations and fee schedules of individual towers shall be made
available to the public during normal business hours of the municipality.
The application and license fee under this chapter shall be $1,000. The annual renewal fee shall be in the amount of $150. This application and license fee shall be in lieu of the mercantile fee required under Chapter 63, Mercantile Licensing, of the Code of the Township of Gloucester (Ordinance No. O-76-43).
All applications for license to be placed on the towing list
shall have the minimum equipment and storage facilities hereinafter
described.
A.
Required towing equipment.
(1)
Two wreckers, of which one must be a flatbed (owned or leased) with:
(a)
Three-eighths-inch safety chain.
(b)
Detached lilt chain and safety chain.
(c)
Amber overhead lights - 360° visibility.
(d)
Clean-up equipment, to include broom, shovel proper (heavy duty),
containers/bags for removal and disposal of clean-up debris.
(e)
A minimum amount of two forty-pound bags of oil dry or equivalent.
(f)
Reflective traffic vest or outer garment, approved ANSI class
two or three.
(2)
Proof of ownership or lease by applicant of the required towing equipment
must be submitted with the application. The same vehicle may not be
used by more than one approved towing operator. Applicant is not permitted
to subcontract for towing services.
(3)
All equipment shall comply with all state and federal regulations.
All operators shall be over the age of 18 years and must have a valid
New Jersey driver's license with no restrictions or conditional endorsements
except conditions requiring eyeglasses. Operators shall be in good
health and/or high moral character. Vehicles used for towing must
be properly licensed and inspected when applicable by the State of
New Jersey. Vehicles shall have the necessary stickers affixed or
required insurance cab decals. No vehicle shall be licensed as a wrecker
which is using dealer license plates or which has a failed inspection.
B.
Required storage facilities.
(1)
The size of the storage lot will be at least 1/2 acre (21,780 square
feet) and have adequate capacity to store all towed vehicles as determined
by the Chief of Police. Each 1/2 acre of storage facility shall be
used by not more than two towers on the approved towing list of the
Township.
(2)
The impoundment area must be visually screened from a highway and
any adjoining property via shrubs, wall or solid fencing. Preexisting
chain link fencing is allowed but must be modified with screening
on any street frontage.
(3)
The impound area must be secure and must be enclosed by a sturdy
six-foot fence or wall with locks on all gates. The towing operator
is responsible for safe storage.
(4)
The entire impound area will be lit continuously from dusk to dawn.
This continuous light shall be assisted by motion sensor lighting
for compliance with applicable Township regulations.
(5)
Impound area shall be available 24 hours a day, 365 days per year
and open to the public on normal business hours and between the hours
of 9:00 a.m. to 5:00 p.m. Monday through Friday, and 9:00 a.m. to
1:00 p.m. on Saturday.
(6)
The storage area and administrative business office shall have someone
on duty or available at all normal business hours.
No towing operator on the towing list shall be called upon to
perform towing services unless and until he has deposited with the
Chief of Police proof of insurance as set forth in the following schedule,
which proof shall have been reviewed by the appropriate Township official
as to acceptability of the companies and coverage.
A.
The required insurance and minimum policy limits are as follows:
(1)
Automobile liability in an amount not less than $1,000,000 combined
single limits.
(2)
Workers' compensation as required by statute.
(3)
Garagekeepers' liability in an amount not less than $60,000 per location.
(4)
Garage liability in an amount not less than $1,000,000 combined single
limit.
(5)
Miscellaneous coverage to provide complete protection to the municipality
against any and all risks of loss or liability, including comprehensive
general liability.
(6)
Collision coverage for vehicles in tow.
B.
The Township shall be listed as an additional insured in all policies,
and all policies should contain a provision requiring notification
to the Township prior to any policy revision or termination.
A.
Response to call. All towing operators on the towing list shall be
required to remove, transport or convey from the roadway or other
areas any and all vehicles at the request of the Police Department.
All towing operators on the towing list shall respond within 20 minutes
of a request made by the Police Department. In the event a towing
operator on-call cannot respond or perform his specific task, the
next available towing operator on the towing list will be notified.
Late arrivals may result in a thirty-day suspension from the towing
list. After vehicles are removed from the roadway as a result of a
motor vehicle crash, it is the towing operator's responsibility to
clear the roadway of debris and liquids.
B.
Availability of towing operators on list. All towing operators shall
be available 24 hours a day, seven days a week, when on-call to provide
towing services. In the event of an emergency, illness or vacation,
towing operators shall be responsible to provide notice to the Chief
of Police and secure a licensed towing list operator as a substitute.
C.
Storage of towed vehicles. Unless otherwise authorized, all vehicles
which are removed, transported or conveyed from the roadway and other
areas at the request of the Police Department shall be stored in an
area zoned for such use. No towed vehicles shall be placed, stored
or parked on any public street or right-of-way, or in any other area
not in compliance with this chapter and approved.
D.
Notification requirements. All licensed towing operators shall be
required to notify the Chief of Police within 24 hours of any modifications
or change with respect to the applicant's ownership, lease, insurance,
location or circumstances regarding the equipment, storage facilities
or employees and to any information which the applicant was required
to supply.
E.
Towing operators shall comply with all state and federal laws and
regulations, and the towing operator's place of business shall not
be located at their private residence.
F.
The Township shall not be liable for charges and fees for towing
and storage services performed or provided by towing operators on
the list. The towing operator shall proceed and charge all fees for
towing services and storage against the owner of the vehicle receiving
such service.
G.
Towing operators shall be responsible for conduct of all drivers
and employees.
H.
No official, employee or member of the Township Police Department
shall have any interest in any towing operator on the towing list
or any storage facility utilized.
I.
All roadway debris must be cleaned up to the satisfaction of the
officer on scene, and all debris must be properly disposed of in proper
containers/bags.
The wrecker must maintain a storage facility for towed vehicles
with the following requirements:
A.
The impoundment area must be visually screened from the highway.
B.
The facility must be secure. The contractor is responsible for safe
storage.
C.
The storage area must be lighted from dusk to dawn.
D.
There shall be a sturdy six-foot fence with locks on gates.
E.
All vehicles will be stored in a facility within a five-mile radius
of the center point of Gloucester Township, in an area zoned for such
use.
F.
Proof of ownership or lease of storage area must be submitted.
G.
Not more than two Township-approved towing companies may share the
same storage facility.
H.
The storage facility, building and grounds must meet all zoning requirements.
I.
The storage lot will be at least one-half acre (21,780 square feet).
J.
Upon request for service, the tower must be able to respond to the
incident with 20 minutes.
K.
The tower who fails to arrive on location in a timely fashion (within
20 minutes of receipt of the call) or fails to provide adequate service
may be subject to deletion from the tow list upon recommendation from
the Chief of Police.
L.
If the wrecker cannot or does not comply within the required time
limit, then the next name on the list of wreckers shall be called.
A.
The towing operator's business must be staffed during normal business
hours. The business location shall be maintained in a clean and comfortable
waiting room and toilet facilities. The towing operator business shall
not use answerable machines or pagers to receive calls from the Department
of Police. Cell phones may be utilized with approval of the Chief
of Police. The towing operator business shall notify the Department
of Police when unable to respond to a call or when unable to meet
the response time requirement.
B.
The towing operator business must post in a conspicuous manner a
copy of the approved fee schedule. The towing operator business must
notify the Chief of Police or his designee concerning any changes
in employee status, including additions and deletions.
The Chief of Police from time to time shall make and promulgate
reasonable rules and regulations for the proper administration and
enforcement of this chapter and its purposes; such rules, however,
shall not be inconsistent with the terms of this chapter.
The following fees or charges are hereby established for the
towing and road services performed by towing operators on the rotating
Township list maintained by the Gloucester Township Police Department
under the direction and supervision of the Chief of Police and for
storage in conjunction therewith.
A.
For all towing, road and storage services resulting from an accident,
theft recovery, illegally parked, disabled or abandoned or otherwise
requiring services, the fees shall not exceed the following:
(3)
Heavy duty: $750 per hour calculated from the location to storage
yard, with a two-hour minimum.
(4)
Towing or removal for any reason of a motorcycle, moped, all-terrain
vehicle and like vehicles: $100.
(5)
Road service: $75; after normal business hours and Sundays: $125.
(7)
Yard removal: $55, after normal business hours, Sundays and holidays.
C.
No charge shall be made to the Township for towing or storage or
any other services provided to the Township, its police vehicles or
for any vehicle used in the commission of a crime, provided the vehicle
is located within a twenty-five-mile radius of the Township of Gloucester.
The tow operator shall not be responsible for damages resulting therefrom.
Applicable towing rates shall apply to Township-owned vehicles requiring
a tow beyond the aforementioned twenty-five-mile radius.
D.
Office administration fee: $35.
Every licensed towing operator called by the Police Department
shall keep a record of the name and address of the owner of the towed
vehicle and shall file reports as required by the Chief of Police
which shall include but not be limited to itemized towing and storage
charges per vehicle.
A.
Any person who violates any provision of this chapter may be suspended
or removed from the towing list and, in addition, upon conviction
shall be subject to a fine of not more than $500 for each offense.
Each violation shall constitute a separate offense and shall be charged
as a separate offense.
B.
The Chief of Police shall have the power to suspend a towing agency
from the rotational duty roster for failure to comply with any section
of this chapter, as follows:
C.
The Chief of Police shall have the power to suspend a towing agency
from the rotational duty roster for failure to comply with any ordinance
within the Township of Gloucester, as follows:
Any towing operator on the towing list who fails to properly
respond to calls in the established response time, fails to provide
adequate service or otherwise violates the terms and provisions of
this chapter, falsifies any information with regard to his application
or violates the Department of Insurance rules shall be subject to
license termination by the Chief of Police.
