[HISTORY: Adopted by the Township Council of the Township of West Windsor 11-10-2025 by Ord. No. 2025-14. Amendments noted where applicable.]
A. 
In accordance with N.J.S.A. 40A:48-2.49 to 40A:48-2.51, 40A:48-2.54 and the Rules of the Division of Consumer Affairs in the New Jersey Department of Public Safety, N.J.A.C. 13:45A-31.1 et seq., as such laws and rules may be amended from time to time, the purposes of this chapter are as follows:
(1) 
To establish a uniform policy for the handling of certain motor vehicles towed and/or stored in West Windsor Township by towers on the official tower list (OTL) pursuant to requests of the police department.
(2) 
To assure that in the interest of public safety, the public receives the best possible service and that only qualified tow truck owners/operators will be included on the OTL.
(3) 
To assure proper storage of vehicles for the purpose of investigation, impoundment, and release of such vehicles to the proper owner, agent or proper authority.
(4) 
To establish a requirement and procedure for registration of individuals and entities who desire to be included on the OTL.
(5) 
To establish maximum fees for towing and storage service.
B. 
This chapter shall apply to all motor vehicle towing and storage operations within West Windsor Township that occur at the initiation of the West Windsor Police Department. Nothing herein limits the right of the owner or operator of a motor vehicle to request or summon a tow operator of his or her own choosing or a tow operator from another municipality, unless a police officer at the scene determines that the operator to be summoned cannot arrive at the scene within a reasonable time frame, or does not have the proper equipment to clear the scene, and the safety of persons or motorists may be jeopardized thereby.
ABANDONED VEHICLE
Shall mean a vehicle which has remained on or along any highway or other public property or on private property without such consent for a period of more than 48 hours or for any period without current license plates.
ACCIDENT VEHICLE
Shall mean a motor vehicle which has been involved in an accident.
BASIC TOW
Means towing and ancillary services that include the following: arriving at the site from which a motor vehicle will be towed; 15 minutes waiting time; hooking a motor vehicle to, or loading a motor vehicle onto, a tow truck; transporting a motor vehicle to a storage facility; unhooking or unloading a motor vehicle from the tow truck; and situating the motor vehicle in the space in which it will be stored. "Basic tow" also includes issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; issuing an itemized bill; three trips to the motor vehicle in storage, which, if applicable, include making a vehicle available to an insurance appraiser or adjuster; issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; and retrieving a motor vehicle from storage during the hours in which the storage facility is open.
CONSENSUAL TOWING
Shall mean towing a motor vehicle when the owner or operator of the motor vehicle has consented to have the towing company tow the motor vehicle.
CONSUMER
Shall mean a natural person.
DECOUPLING
Shall mean releasing a motor vehicle to its owner or operator when the motor vehicle has been, or is about to be, hooked to or lifted by a tow truck, but prior to the motor vehicle actually having been moved or removed from the property.
DECOUPLING FEE
Shall mean a charge by a towing company for releasing a motor vehicle to its owner or operator when the vehicle has been, or is about to be, hooked or lifted by a tow truck, but prior to the vehicle actually having been moved or removed from the property.
DISABLED VEHICLE
Shall mean any motor vehicle which is unable to operate under its own power.
FLAT BED TOW TRUCK
Shall mean a tow truck designed to transport a motor vehicle by means of raising the motor vehicle from road level up onto a hydraulic bed for transporting purposes.
HEAVY-DUTY RECOVERY
Shall mean that recovery of any motor vehicle over 10,000 pounds gross vehicle weight which requires the vehicle to be up righted or recovered from either on or off the traveled portion of a public roadway.
HEAVY-DUTY TOW TRUCK
Shall mean a tow truck with a gross weight of at least 32,000 pounds.
HEAVY-DUTY TOWING
Shall mean the towing of any motor vehicle over 10,000 pounds gross vehicle weight.
IMPOUNDED VEHICLE
Shall mean a vehicle which, at the direction of the police department, is taken into police custody because the operator of the vehicle was engaged in a violation of the law, including but not limited to the operator being arrested on a DWI charge; operator has been cited for driving without registration or insurance; the operator has been arrested for stealing the motor vehicle; vehicle involved in a serious accident, e.g.; death by auto.
LIGHT-DUTY TOWING
Shall mean the towing of any motor vehicle up to 10,000 pounds gross vehicle weight.
LIGHT-MEDIUM DUTY TOW TRUCK
Shall mean a tow truck with a gross weight of less than 32,000 pounds.
MOTOR VEHICLE
Includes all vehicles propelled other than by muscular power, except such vehicles as run only upon rails or tracks and motorized bicycles, motorized scooters, motorized wheelchairs and motorized skateboards.
NONCONSENSUAL TOWING
Shall mean the towing of a motor vehicle without the consent of the owner or operator of the vehicle, regardless of the reason for the tow.
OPERATOR
Shall mean a person who engages in the business of transporting motor vehicles that are inoperable or parked illegally or otherwise without authorization from public or private property to a site where repairs may be made or the vehicle may be stored, and who may also perform vehicle repairs.
PERSON
Shall mean an individual, sole proprietorship, partnership, corporation, limited liability company or any other business entity.
PRIVATE PROPERTY OWNER
Shall mean the owner or lessee of private property, or an agent of such owner or lessee, but shall not include a private property towing company acting as an agent of such owner or lessee.
PRIVATE PROPERTY TOWING
Shall mean nonconsensual towing from private property or from a storage facility by a towing vehicle of a consumer's motor vehicle that is parked illegally, parked during a time at which such parking is not permitted or otherwise parked without authorization or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. This term shall not include the towing of a motor vehicle that has been abandoned on private property in violation of N.J.S.A. 39:4-56.5, provided that the abandoned vehicle is reported to the appropriate law enforcement agency prior to removal and the vehicle is removed in accordance with N.J.S.A. 39:4-56.6.
SECURE STORAGE FACILITY
Shall mean a storage facility that is either completely indoors or is surrounded by a fence, wall or other man-made barrier that is at least six feet high and is lighted from dusk to dawn.
SITE CLEAN-UP
Shall mean the use of absorbents to soak up any liquids from a motor vehicle at the site from which a motor vehicle will be towed.
STORAGE FACILITY
Shall mean a space at which motor vehicles that have been towed are stored.
STORAGE RATES
Shall mean fees charged for the storage of motor vehicles.
TARPING
Shall mean covering a motor vehicle to prevent weather damage.
TOWING
Shall mean the moving or removing from public or private property or from a storage facility by a towing vehicle of a motor vehicle that is damaged as a result of an accident or otherwise disabled, recovered after being stolen or is parked illegally or otherwise without authorization, parked during a time at which such parking is not permitted or otherwise parked without authorization, or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made either directly or indirectly. Dues or other charges of clubs or associations, which provide towing services to club or association members, shall not be considered a service charge for the purposes of this definition.
TOWING COMPANY
Shall mean a person or entity owning or operating a tow truck service for compensation.
TOWING LIST
Shall mean a rotating list of all towing services registered with the Township kept by the Township Police Chief. When the police require the towing and storage of a motor vehicle from public roadways, they shall contact the towing service on the top of the rotating towing list as determined by this chapter.
TOWING RATES
Shall mean fees charged by a towing service for removal and transportation of the vehicle.
TOWING SERVICE
Shall mean a business engaged in the towing or storing of motor vehicles which has been approved for the towing list.
TOWING VEHICLE
Shall mean a motor vehicle employed by the towing service for the purpose of towing, transporting, conveying or removing of motor vehicles from public roadways.
TRANSMISSION DISCONNECT
Shall mean manipulating a motor vehicle's transmission, so that the motor vehicle may be towed.
VEHICLE
Shall mean any device in, upon or by which a person or property is or may be transported upon a highway.
WAITING TIME
Shall mean any time a towing company spends at the site from which a motor vehicle will be towed, during which the towing company is prevented from performing any work by another individual, beyond the time included as part of a basic tow.
WINCHING
Shall mean the process of moving a motor vehicle by the use of chains, nylon slings or additional lengths of winch cable from a position that is not accessible for direct hook up for towing a motor vehicle. "Winching" includes recovering a motor vehicle that is not on the road and righting a motor vehicle that is on its side or upside down, but does not include pulling a motor vehicle onto a flatbed tow truck.
WINDOW WRAP
Shall mean any material used to cover motor vehicle windows that have been damaged.
A. 
No towing service shall be placed upon the towing list for the towing or storing of motor vehicles within the Township, unless the towing service shall first register with the Police Department. In order to be placed upon the towing list for light-duty towing, a towing service must be located within five miles of the geographic center of West Windsor Township. Registration applications shall be made available by the township police department. A towing service that has met all the specifications and requirements of this chapter and has registered with the Township shall be placed on the towing rotation list by the Police Chief. No towing service on the West Windsor Police Department towing rotation list shall exceed the fees set forth in the fee schedule found in § 166-5.
B. 
The towing service owner or its authorized representative shall sign the registration application form indicating that the full requirements of this chapter have been met by the towing service applicant.
C. 
If any information provided by a towing service in its registration application changes, the towing service is responsible for notifying the Police Department of the change in the registration information within 30 days of such change. Failure to comply with this provision will be deemed a violation of the chapter.
A. 
The minimum amounts of insurance a towing company shall secure and maintain are:
(1) 
Motor vehicle liability for light-medium duty tow truck, for coverage for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of $750,000; and
(2) 
Motor vehicle liability for a heavy-duty tow truck for coverage for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of $1,000,000, single limit.
A. 
Towing and storage rates and fees of motor vehicles damaged in accidents, utilized in the commission of crimes, recovered after being stolen, or otherwise impounded by the police department shall not exceed the prevailing Garden State Towing Association (GSTA) posted rates for the calendar year in which the service is provided or most recent posted rates. The rates posted on the GSTA website may increase year-to-year, and shall be presumed fair and reasonable. The website www.gsta.org provides a link to GSTA rates.
B. 
A towing company that engages in private property towing or other nonconsensual towing shall calculate storage fees based upon full 24-hour periods a motor vehicle is in the storage facility. For example, if a motor vehicle is towed to a storage facility at 7:00 p.m. on one day and the owner of the motor vehicle picks up the motor vehicle before 7:00 p.m. the next day, the towing company shall charge the owner of the motor vehicle only for one day of storage. If a motor vehicle is stored for more than 24 hours, but less than 48 hours, the towing company may charge for two days of storage.
C. 
A towing company shall not charge any fee for private property towing or other nonconsensual towing and related storage services not included in Subsection A above.
D. 
If a towing company charges a consumer a fee for a private property or other nonconsensual towing service that is disputed by the consumer, the parties shall use good faith efforts to resolve the dispute. If the parties are unable to resolve the dispute and the Police Chief or his designee determines the fee to be unreasonable under this chapter or N.J.A.C. 13:4 A-31.5, the Police Chief may order the towing company to reimburse the consumer for an amount equal to the difference between the charged fee and a reasonable fee, plus interest, as calculated pursuant to Subsection E below.
E. 
The interest rate imposed pursuant to Subsection D above shall be based on the average rate of return, to the nearest whole or 1/2%, for the corresponding preceding fiscal year terminating on June 30, of the State of New Jersey Cash Management Fund (State accounts) as reported by the Division of Investment of the Department of the Treasury.
F. 
A towing company performing a private property tow or other nonconsensual tow shall take the motor vehicle being towed to the towing company's storage facility having the capacity to receive it that is nearest to the site from which the motor vehicle is towed.
G. 
A bill for a private property tow or other nonconsensual tow shall include the time at which a towed motor vehicle was delivered to a towing company's storage facility.
H. 
All storage fees associated with vehicles impounded for investigative purposes by the police department are to be paid by West Windsor Township, and the associated fees shall be governed by N.J.S.A. 40:48-2.50, as the same may be amended from time to time. These charges shall be accrued until the date the vehicle was authorized for release. Any and all additional storage fees that accumulate beyond the date of police authorized release, are at the sole responsibility of the vehicle owner.
I. 
Any vehicle involved in a collision that is consensually towed solely for a brake inspection, will be at the authorization of the vehicle's owner or operator, and all associated fees will be paid by the person providing consent.
A. 
All towing services placed on the Police Department towing list shall be available to respond to a police request for a tow 24 hours a day, seven days a week, including holidays.
B. 
All towing companies shall respond to a call in any part of the Township within 20 minutes. If a towing company does not respond within 20 minutes of a call, the towing company next on the list shall be called and entitled to provide services as needed, and the first towing company shall lose any claim to compensation.
C. 
All drivers and operators of towing vehicles shall be properly licensed to operate a motor vehicle within the State of New Jersey and are subject to driver's license checks by the Township Police Department at the time of registration and at least on an annual basis thereafter. All towing vehicles shall be properly registered and inspected in accordance with any applicable law.
D. 
All vehicles must be towed in a safe manner.
E. 
All towing companies shall be capable of providing reasonable roadside services to disabled vehicles such as, but not limited to, jump-starting, changing of flat tires and providing fuel. Such services will only be performed if they can be done so safely, as determined by the police officer on the scene.
F. 
All towing companies shall make available a copy of its basic rates and a business card to all owners and operators of motor vehicles which will be towed.
G. 
Towing companies shall not remove any motor vehicle which has been abandoned or involved in an accident in any public roadway without first notifying the Township Police Department.
H. 
The towing company shall notify the Police Department of all vehicles found by the towing company to have been abandoned and not claimed within 14 days after being stored. The Police Department shall, upon notification, process the vehicle in accordance with the New Jersey Motor Vehicle Code concerning abandoned and unclaimed motor vehicles.
I. 
The Police Chief may promulgate an application and minimal requirements for vehicular towing, which requirements shall not be inconsistent with this chapter and which shall be enforced pursuant to the procedures set forth in this chapter.
J. 
Violations. In addition to the procedures and penalties set forth in § 166-12, a violation of any of the rules in this chapter shall be considered an unlawful practice under P.L. 1960, c. 39 (N.J.S.A. 56:8-1 et seq.).
K. 
The towing service must operate in compliance with New Jersey's Predatory Towing Prevention Act.
A. 
A towing list will be kept with the Chief of Police. The towing list shall include all towing companies which have registered with the Township. A towing company shall be placed on the bottom of the towing list upon registration with the Township. The towing list shall be a rotating list as provided for in Subsections B, C and D.
B. 
When the need arises, the Police Department will call the towing company on the top of the list. The towing company called, if it shall perform any of the services covered by this chapter, shall be placed on the bottom of the towing list and not called again until all other towing companies on the towing list have been called.
C. 
If a towing company is unavailable to perform required services when called by the Police Department, for whatever reason, said towing company shall be charged with a call and placed on the bottom of the towing list, and the next available towing company shall be called. The towing company that responds in its place shall remain at the top of the list.
D. 
If a towing company, after being dispatched, is recalled and does not perform any duties or services covered by this chapter, the towing company shall remain on the top of the towing list. However, if a towing company arrives at the scene of an incident in which its services are required and cannot perform said services, it shall lose its place on the towing list, and the next towing company on the list shall be called.
E. 
All requests, other than AAA request, owner's requests or where special tow vehicles are needed and/or public safety is threated, shall be on a strict rotation basis.
A. 
All towing companies shall have an indoor storage facility at its disposal for motor vehicles which have been involved in criminal activity and impounded by the police department.
B. 
All storage facilities shall have a business office open to the public between 8:00 a.m. and 6:00 p.m. at least five days a week, excluding holidays.
C. 
A towing company shall provide reasonable accommodations for after-hours release of stored motor vehicles.
D. 
All towing companies shall have secure storage facilities.
E. 
A towing company that engages in private property towing or other nonconsensual towing shall provide or arrange for after-hours release of stored motor vehicles.
F. 
A towing company that does not release a stored motor vehicle to its owner, or other person authorized to take the motor vehicle, during normal business hours when requested, as required by Subsection C above, shall not charge a fee for after-hours release of the stored motor vehicle.
G. 
All towing companies shall keep accurate records of all motor vehicles towed and stored at the direction of the Township Police Department and retain them for three years. A copy of such records shall be provided to the township upon request.
A. 
A towing company that performs private property or other nonconsensual towing shall retain, for three years, the following records:
(1) 
Invoices for both consensual towing and nonconsensual towing services;
(2) 
Job orders;
(3) 
Documentation of waiting time;
(4) 
Logs, which shall include the time when a towed motor vehicle was delivered to the towing company's storage facility from a private property or other non-consensual tow and the date and purpose of each trip to the motor vehicle in storage;
(5) 
Documents relating to private property and other nonconsensual towing services performed and rates charged for services; and
(6) 
Any contracts under which the private property towing company is authorized to perform private property towing services.
B. 
A towing company that engages in private property towing or other non-consensual towing shall make records retained pursuant to Subsection A above available for review by the Police Department upon request.
A. 
All towing companies engaged in light-duty towing shall have at least one rollback truck and one wrecker, with necessary brooms and equipment to do the complete removal. Each truck must have a manufacturer's capacity of at least 10,000 pounds, gross vehicle weight and a manufacturer's boom capacity of four tons. Proof of capacity must be supplied to the Police Department at the time of registration.
B. 
All towing companies engaged in heavy-duty towing shall have one heavy-duty wrecker with a manufacturer's capacity of not less than 33,000 pounds, gross vehicle weight and a boom capacity of not less than 12 tons independently or 24 tons jointly; air brakes so constructed as to lock rear wheels; heavy-duty underreach.
C. 
All towing companies engaged in heavy-duty recovery shall have two heavy-duty wreckers with manufacturer's capacity of not less than 33,000 pounds gross vehicle weight and boom capacity of not less than 12 tons independently or 24 tons jointly; two power winches with pulling capacity of not less than 12 tons each; at least 200 feet of cable at least nine-sixteenths of an inch diameter on each drum; double boom to permit splitting, or single boom hydraulically elevated and extendible with a 360° swivel on the end of the boom; air brakes so constructed as to lock rear wheels; heavy-duty underreach; two snatch blocks with a twelve-ton rating and two scotch blocks.
D. 
All towing vehicles must have radio equipment with a 24-hour dispatch service or a cellular telephone for the purpose of maintaining communications with the police department radio desk.
E. 
All towing vehicles must be equipped with at least one five-pound ABC-type fire extinguisher, safety chains, substances for application to small liquid spills, and stiff push brooms to clean up debris at scene.
F. 
Proof of towing vehicle and equipment specifications shall be provided to the Township with the registration application.
G. 
All towing vehicles are to conform with all applicable state and federal laws and shall be subject to inspection by Township officials during normal business hours at the time of registration and on an annual basis thereafter.
A. 
If a motor vehicle operator or owner wishes to have his vehicle towed by a particular towing company, their request shall be honored, providing the police officer in charge at the scene has not already dispatched a towing company or the police officer has determined that the motor vehicle in question will not be removed in an expeditious or safe manner and will jeopardize the public safety, in which case the motor vehicle operator or owner shall be required to utilize a compensated dispatched towing company.
B. 
The owner or operator of any motor vehicle required to be towed or stored shall have the right to remove all personal items and effects from the motor vehicle unless the police department has placed a ("police hold") on any such items.
A. 
In accordance with the Predatory Towing Prevention Act, for services rendered, or to redeem a motor vehicle from storage, the operator shall accept in payment, cash, a check issued by an insurance company, a valid debit card, or a valid major credit card or charge card subject to the provisions of Subsection B of this section.
B. 
The operator may request additional identification, as determined by the Director of the Division of Consumer Affairs, before proceeding with repairs or towing. Unless the motorist is unable to produce such identification, or the operator has a bona fide reason to believe the card or other identification is fictitious, altered, stolen, expired or revoked or not valid for any other cause or is clearly offered with intent to defraud the issuer, the debit card, charge card or credit card shall be deemed an acceptable form of payment in lieu of cash if the operator ordinarily accepts the card at his/her place of business. Nothing in this chapter shall preclude payment by a motorist in the form of check or money order, if this form of payment is acceptable to the towing service.
C. 
It is the responsibility of the towing company to recover all charges for vehicle towing and recovery operations from the vehicle owner or the owner's insurance carrier. The West Windsor Police Department shall not be responsible for collecting any fees that are owed to the towing company.
A. 
All violations of this chapter and all complaints by the public or police department against any towing company shall be forwarded to the Police Chief or his/her designee.
B. 
The Police Chief or his/her designees shall determine if any complaint or violation against a towing company is of such a serious nature as to warrant a hearing and possible disciplinary action. If the Police Chief decides that a hearing is required, he/she shall upon proper notice to all interested parties, conduct a hearing in which all parties may present evidence. If, after a hearing, the Police Chief finds that a towing company has violated any provision of this chapter, the Chief may, depending on the seriousness of the offense:
(1) 
Fine the violating party not more than $1,000;
(2) 
Suspend the violating party from the towing list for not more than three months for a first offense; not more than six months for a second offense; not more than one year for a third offense;
(3) 
Permanently remove the violating party from the list for any violation after its third offense.
A. 
Repealer. Any and all ordinances inconsistent with the terms of this chapter are hereby repealed to the extent of any such inconsistencies.
B. 
Severability. In the event that any clause, section, paragraph, or sentence of this chapter is deemed to be invalid or unenforceable for any reason, then the Township Council hereby declares its intent that the balance of the chapter not affected by said invalidity shall remain in full force and effect to the extent that it allows the Township to meet the goals of the chapter.
C. 
This chapter shall take effect upon passage and publication according to law. This chapter becomes effective after 20 days.