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.
CRUISING
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.
IMPOUND AREA
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.
NORMAL BUSINESS HOURS
Between 9:00 a.m. and 5:00 p.m. Monday through Friday, and
9:00 a.m. and 1:00 p.m. Saturday.
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
SHALL
"Shall" is always mandatory and not merely directory.
STORAGE FACILITY
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.
TOWING LIST
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.
TOWING OPERATOR
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.
TOWING SERVICE
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.
TOWNSHIP
The Township of Gloucester, County of Camden, State of New
Jersey.
WRECKER
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.
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.
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.
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.
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:
(1) Automobiles.
(a)
Regular and flatbed: $150; after normal business hours and Sundays:
$175.
(b)
Removal from beyond right-of-way or berm or impaled upon any
object: $125, plus $3 per one foot of cable, plus $150 if need to
upright.
(2) Trucks.
(a)
Dual wheels up to 10,000 pounds: $200.
(b)
Specialized equipment: $250 an hour with a minimum two hours
for off-road recovery.
(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.
(6) Storage.
(a)
Outside storage: $45 per day. No charge for first day if pick-up
by close of business.
(b)
Inside storage: $55 per day. No charge for first day if pick-up
by close of business.
(c)
Heavy-duty storage, e.g., tractor (unit)/trailer (unit): $100
per day per unit.
(7) Yard removal: $55, after normal business hours, Sundays and holidays.
B. In all cases the towing operator shall remove debris as part of the
towing services and as directed by the officer at the scene.
(1) Cleanup fee: $50 fee shall be charged for the cleaning of debris
by said operator.
(2) Oil dry product: $15 per product bag.
(3) Collision wrap: $30 per vehicle.
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.
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.