[Added 12-15-2015 by Ord. No. 40-2015]
Editor's Note: This ordinance also repealed former Art. XIII, Towing and Storage of Motor Vehicles, as amended.
The following words and terms used in this article shall have the following meanings, unless the context clearly indicates otherwise.
- AUTO REPAIR FACILITY
- Any public garage where motor vehicles are painted and/or repaired. No motor vehicle shall remain at an auto body shop for longer than six months, for purposes of this article.
- BASIC TOWING SERVICE
- The removal and transportation of a motor vehicle 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 a motor vehicle 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 City of Millville.
- CITY CLERK
- The City Clerk of the City of Millville.
- CITY COMMISSION
- The Board of Commissioners of the City of Millville.
- CLEANUP AND REMOVAL COSTS
- All costs incurred by the City or its agents in the removal or attempted removal of hazardous substances and disposal thereof, or costs for the taking of reasonable measures to prevent or mitigate damage, whether actual or threatened, to the public health, safety or welfare.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking pumping, pouring, emitting, or dumping of hazardous substances into the water or lands of the State of New Jersey.
- DISPATCH FACILITY
- A place established to transmit requests for towing services.
- HAZARDOUS SUBSTANCES
- The list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA) pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, P.L. 96-510 (42 U.S.C. § 9601 et seq.), and amendments thereto, and those substances listed by the NJDEP as environmental hazardous substances pursuant to Section 4 of P.L. 1983, Chapter 315 (N.J.S.A. 34:5A-4), and amendments thereto.
- HEAVY-DUTY TOW
- A tow truck with dual wheels capable of towing large trucks/vehicles shall meet the following minimum requirements: gross vehicle weight (GVW), 30,000 pounds; gross combined weight rating (GCWR), 80,000 pounds; boom rating, 50,000 pounds; winch rating, 50,000 pounds; cable size and length, 5/8 inch and 200 feet.
- INSIDE BUILDINGS
- Any portion of a towing facility that is completely indoors, having one or more openings in the walls for storage and removal of vehicles and is secured by a locking device on each opening.
- Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery, or two or more unregistered/uninspected, inoperable motor vehicles or other type of junk. For purposes of this article, an auto repair facility or a towing facility shall not be considered a junkyard.
- MOTOR VEHICLE
- Includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.
- MOTOR VEHICLE ACCIDENT
- An occurrence in which a motor vehicle comes in contact with any other object for which the motor vehicle must be towed or removed from the scene thereof.
- OUTSIDE SECURED
- Any portion of a towing facility that is not indoors and is secured by a fence, wall or other man-made barrier that is eight feet high unless otherwise prescribed by the City of Millville Zoning Ordinance and is installed with a passive alarm system (e.g., bell ringer located in the gate area to the enclosed facility) or a similar on-site security measure. Fences which are not less than six feet in height which existed prior to passage of this article shall be permitted; however, if such fences are replaced, the new fence shall be eight feet in height unless otherwise prescribed by the Zoning Ordinance.
- OUTSIDE UNSECURED
- Any portion of a towing facility that is not indoors and is not secured by a fence, wall or other man-made barrier, and all other storage facilities not otherwise defined as inside buildings or outside secured.
- PETROLEUM OR PETROLEUM PRODUCTS
- Oil or petroleum of any kind and in any form, including but not limited to oil petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes.
- PLOT PLAN
- A diagram which shows the buildings, streets, roads, driveways, dimensions of existing and proposed structures, parking areas, easements and property lines of an existing or proposed site at a defined scale.
- POLICE HOLD VEHICLES
- Motor vehicles which are alleged to have been involved in illegal activity, involved in a fatal motor vehicle collision, or designated by a Millville police officer.
- PUBLIC GARAGE
- Any building, structure or property designed and used for equipping, adjusting, greasing, washing, polishing, servicing or storage of motor vehicles, other than at a junkyard, operated for profit and for service of the public. For purposes of this article, a "public garage" means any general repair garage, specialized repair garage, car wash, auto repair facility, or towing facility.
- RESPONSE TIME
- Not more than 20 minutes from the time of the initial request by the Millville Police Department dispatcher to the tow vehicle's arrival at the site of the incident requiring tow services, all traffic regulations observed.
- STORAGE FACILITY
- A place for the storing of motor vehicles.
- TOWING FACILITY
- Any public garage which offers towing services. No motor vehicle shall remain at a towing facility for longer than 60 days for purposes of this article.
- TOWING OPERATOR
- Any entity that operates a towing business or tow vehicle.
- TOW VEHICLE
- Those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by the vehicle manufacturer for the removal or transport of motor vehicles.
- TOW VEHICLE'S BASE OR SERVICE
- The towing operator's principal place of business where the tow vehicle is stationed when not in use.
Prospective tow list operators shall have a duly licensed towing facility or auto repair facility meeting the requirements set forth in this article.
License application; data required. An application shall be in writing, upon forms to be furnished by the City of Millville, signed by the applicant and filed with the City Clerk; said application shall contain the following information:
The name, business address, business name, telephone number and e-mail address of the towing operator.
The location of the towing operator's towing facility.
The name of the towing operator's insurance company and insurance policy number.
The towing fees, storage fees charged, and any other information which the City Clerk deems relevant and appropriate, including experience and references.
The type, condition, and design of tow vehicle(s) and equipment available for service, and the name and address of the owner of such vehicle(s).
Communications availability, including radio communications, and the location and availability of the dispatch center.
The name, address and driver's license number for each driver or operator of the tow vehicle(s).
Proof that each vehicle to be licensed is duly registered and inspected by the State of New Jersey, Division of Motor Vehicles, as a tow vehicle.
Plot plan. A plot plan shall:
Be drawn neatly to scale, preferably at one inch equals 20 feet.
Indicate the entire lot for which application is being made.
Contain a symbol indicting the direction of north.
Indicate the name of all streets and ways upon which the lot is located, street address and the location and type of existing and proposed street fixtures, such as utility poles, street lights, traffic signals and signs.
Indicate the name of the nearest intersection street and the distance, in feet, to it.
Indicate, with dimensions, all parking and storage areas with distance from building and property lines.
Indicate all driveways and curb cuts and easements.
Indicate the width of all rights-of-way (streets and ways) upon which the lot is located.
Indicate the lot number of the subject property and abutting lots.
Draw a key map of area.
Renewals; plot plan. The applicant may submit a notarized statement with its renewal application that the plot plan required by Subsection A(10) above has not changed from the immediate preceding term. Any changes to the plot plan must be approved by the Planning and/or the Zoning Board of Adjustment.
If a firm, partnership, association, limited liability company, corporation or other organization, the name and address of each officer, director, partner, and/or member thereof. Each application for a license, or a renewal thereof, shall contain the street address for the residence and business of the licensee at the time of application or renewal. A post office box shall be permitted only as part of a mailing address that is submitted by the licensee in addition to the street address of the licensee's residence or business. A licensee whose last address appears as a post office box shall change the address on the application to the street address of the licensee's residence and business. An application of a corporation shall be signed in the name of the corporation by the president and attested by the secretary.
Said application shall be duly verified by the applicant before a notary public or some other person duly authorized to administer oaths.
Each such application shall be accompanied by the full amount of the license fee hereinafter prescribed.
No license shall be issued to a towing operator whose towing facility is located within the City unless said facility is located within a zoning district where such use is a permitted use in accordance with the City of Millville Zoning Ordinance or unless a use variance has been obtained therefor, and any and all Planning Board or Zoning Board approvals and/or permits have been obtained therefor, or unless sufficient proofs are provided by the applicant that said facility was operated at its present location prior to adoption of the zoning ordinance. Details of the location shall be shown on a map or diagram accurately depicting the dimensions, proposed layout and size of the vehicle storage spaces, fire lanes and the maximum number of vehicles to be stored at such premises. The information shall be submitted on a site plan approved by the City of Millville Planning Board and/or the Zoning Board of Adjustment.
The tow vehicle(s) shall comply with any and all state, federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment and shall be subject to inspection by the Millville Police Department or its designee.
An application shall not be deemed complete unless accompanied by:
A current and complete criminal history and a current and complete State of New Jersey certified motor vehicle abstract for each driver or tow vehicle operator employed by or otherwise associated with the towing operator.
A letter of compliance from the Zoning Official representing the municipality having jurisdiction over the facilities of the tow operator's base of service, dispatch and/or storage area that such facilities are not in violation of applicable land use ordinances.
An approval from the City Clerk or such other official, as applicable, representing the municipality having jurisdiction over the property of the tow operator that such property is not in violation of applicable property maintenance and health codes. This compliance letter shall include the dispatch facility and storage facility if not one and the same.
The City of Millville shall have the right to verify the accuracy of the information supplied in the application by interviewing, investigating and inspecting all personnel, vehicles, equipment and storage areas proposed for utilization by the applicant and to determine compliance with all applicable laws, regulations and standards of performance required by this article.
Upon receipt of a completed application form, the City Clerk or a designee shall furnish a copy of the application to the Chief of Police.
An applicant shall be disqualified from obtaining or holding a towing operator's license if a criminal history background check and/or driver's abstract required pursuant to § 52-54 G(1) reveals a record of conviction of any of the following crimes or offenses:
In New Jersey or elsewhere, any crime or offense as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in Subsection r of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4 or N.J.S.A. 2C:39-9 or a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.
In any other state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection J(1) of this section.
In New Jersey or elsewhere, the conviction of an alcohol or drug-related traffic offense enumerated in N.J.S.A. 39:4-49.1, N.J.S.A. 39:4-50 et seq. or N.J.S.A. 39:4-51 et seq. or its equivalent in any other state, territory, commonwealth or other jurisdiction of the United States, which has occurred in the last 10 years prior to the application being submitted.
Notwithstanding anything herein to the contrary, if a person who has been convicted of one of the crimes or offenses enumerated in Subsection J(1) or (2) of this section can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxicab.
The City Clerk, with the assistance of the Millville Police Department, upon receipt of a completed application, shall conduct a background investigation of the towing operator. This investigation shall include an inspection of the towing facility, the tow vehicle(s) and the towing operation, and inquiry into all relevant matters to determine if the towing operator meets the requirements of all applicable laws, regulations, standards of performance and security of vehicles towed or stored as mandated by N.J.S.A. 40:48-2.49b.
The City Clerk and/or the Millville Police Department may request and obtain additional information from the Chamber of Commerce and the Department of Weights and Measures and Consumer Protection of the applicable county and from any other appropriate sources.
The towing operator shall at no time transfer or assign a license, or any part thereof, for any purpose whatsoever.
No individual shall operate a tow vehicle unless that individual is duly licensed by the State of New Jersey. Any change in licensure of vehicle operators during the period of the license must be reported to the City Clerk within 15 days of such change. Failure to do so shall be basis for revocation of a license.
In the event that the City Clerk determines that the towing operator is not qualified, a written report shall be filed specifying the findings and the reasons for the recommendation of rejection. A copy of the report shall be sent by certified mail, return receipt requested, and regular mail to the towing operator applicant.
Any towing operator who is denied a license based upon the findings and recommendations of the City Clerk may file with the City Clerk a written request for a hearing before City Commission, provided that such request is filed within 30 days of receipt of notification. A hearing shall be scheduled before City Commission within 60 days of the City Clerk's receipt of such request, at which hearing City Commission shall be the hearing officer for final determination of the matter.
[Amended 8-7-2018 by Ord. No. 45-2018]
In order to be included on the City of Millville Police Department Tow List, a towing operator shall submit proof of insurance to the City Clerk and a copy thereof to the Millville Police Department each year on or before January I. The towing operator shall furnish proof of insurance coverage for their garage operations by Certificate of Insurance accompanying the license application. Said certificate shall name City of Millville as the certificate holder and shall name City of Millville as an additional insured on all liability policies. All insurance policies shall be obtained front an insurance company authorized to conduct business in the State of New Jersey. Said insurance policies shall be written for not less than the limits specified below or required by law, whichever may be greater.
Automobile liability in an amount not less than $1,000,000 combined single limit.
Commercial general liability insurance or its equivalent for bodily injury, personal injury and property, damage including loss of use, with minimum limits of $1,000,000 each occurrence and $2,000,000 general aggregate.
Workers' compensation insurance, including occupational diseases, in accordance with the statutory requirements of the laws of the State of New Jersey. The worker's compensation insurance policy shall contain an employee's liability endorsement providing limits of not less than statutory requirements.
Garage keepers' legal liability which includes comprehensive and collision coverage. Said policy shall include "on hook" coverage and coverage for the property of others which is in the care, custody or control of the licensed towing operator. Said policy shall also include the peril of transportation for any motor vehicle in the possession or control of the towing operator in an amount not less than $100,000 per location.
Garage liability insurance in an amount not less than $1,000,000 combined single limit.
The certificate of insurance shall provide that the insurance company give City of Millville 30 days prior notice of any changes or cancellation terms of such policies during the period of coverage.
The towing operator shall agree in writing to assume the defense of and indemnify and hold harmless the City, its elected officials, boards, commissions, officers, employees, attorneys and agents, from all suits, actions, damages or claims to which the City, its elected officials, boards, commissions, officers, employees, attorneys and agents may be subjected of any kind and nature whatsoever resulting from, caused by, arising out of or as a consequence of the provision of towing, storage and/or emergency services provided by the towing operator pursuant to this article. Tow operators shall enter into a hold-harmless agreement in a form to be approved by the City Solicitor prior to being included on the towing list.
Upon the receipt and review by the City Clerk of a completed application, and upon the findings resulting from the investigation of the applicant and a recommendation of approval, the application shall thereupon be referred to the Commission of the City of Millville for consideration, and when the Commission has determined to approve the granting of such license, it shall do so by resolution. Upon the adoption of such resolution, the City Clerk shall issue a license certificate, which shall state the purpose for which the license is granted, the name, business name and the base-of-service address of the licensee, the number of the license and the date of its expiration, which license certificate shall be signed by the City Clerk.
All licenses issued under this article shall be effective for the period of two years. The license shall begin on the first day of January and end on the 31st day of December two years after the granting of the same. All licenses shall expire automatically; applications for renewal thereof shall be submitted on or before December 1 of the expiring year. Applications received after December 1 of the expiring year will not be accepted.
A nonrefundable fee of $500 shall be submitted simultaneously with an original application and all renewal applications.
A license may be revoked or suspended at any time for cause by action of the Millville City Commission, after an opportunity for the licensee to be heard, for the violation of any of the provisions of this article or any other ordinance of the City of Millville. Such license, when so suspended or revoked, shall not be reinstated except for good and sufficient cause shown.
All towing operators, in order to provide services in no-preference motor vehicle accidents or for the removal of motor vehicles from private or public property, as may be authorized by the Police Department or the City Zoning Officer, must be licensed by the City of Millville in accordance with this article.
Towing operators must meet the twenty-minute response time to be eligible for inclusion on the City of Millville Police Department tow list.
The list of licensed towing operators shall be maintained by the Police Department and shall be utilized on a rotation basis. The rotation shall be on a weekly basis unless otherwise specified by the Police Department or in the event of emergency conditions. The towing and storage services shall be rotated among towing operators on an equal basis, by the job or by the week.
Licensed tow operators shall be subject to the minimum standards of the performance rules and regulations of the Millville Police Department, including safety, availability, and compliance with the procedures established by this article.
If the Chief of Police determines at any time that a towing operator is unable or unwilling to fulfill the requirements of this article or the statutes and regulations of the State of New Jersey, the Chief of Police shall file a written report with the City Clerk. The City Clerk shall then notify the towing operator by regular and certified mail at the address stated pursuant to § 52-54A(1), that the Chief of Police has recommended its removal from the Police Department towing list. The tow operator may file a written exception and request for a hearing with the City Clerk within 15 days from receipt of notification. The City Clerk shall then schedule a hearing before City Commission within 30 days of the aforesaid request. After conducting a hearing, the City Commission may then, by resolution, remove the towing operator from the Police Department towing list if the Commission determines, by a preponderance of evidence, that the performance of the towing operator is unreliable or inadequate.
The tow operator shall cease towing of vehicles on behalf of the City of Millville Police Department upon notification by the City Clerk that the tow operator is to be removed from the list.
Licensed towing operators agree to provide the following services on an around-the-clock basis:
Removal and transporting of motor vehicles involved in a motor vehicle accident where the owner or operator of the motor vehicle has not made a preference for the towing of the vehicle.
Removal and transporting of a motor vehicle from private or public property as may be authorized by the Police Department or the City Zoning Officer.
Removal and disposal from City or private property motor vehicles which, pursuant to state law and regulations, would be subject to the jurisdiction of the Millville Police Department. Such vehicles shall be moved to such location as specified by the Millville Police Department.
The storage of a motor vehicle removed and transported from the scene of a motor vehicle accident.
A towing operator responding to a tow shall be responsible for all site cleanup related to a motor vehicle accident, including the pickup and removal of all debris from the scene of the accident and containment of any hazardous fluids from the vehicle prior to tow, in accordance with the laws of the State of New Jersey, and all services as defined by state regulations and this article (Article XIII of Chapter 52 of the Millville City Code).
It is understood that the responsibility of the tow operator as established above in no way relieves the vehicle owner of his responsibility for the cleanup and removal of any debris or spilled fluids coming from his vehicle.
A towing operator shall provide either one boom tow truck with a wheel lift or winch rollback or one boom tow truck with a wheel lift, capable of transporting the vehicle to be removed without additional damage. The transported vehicle shall not exceed the carry weight or capacity of the carrying vehicle.
The towing operator shall ensure the proper utilization and deployment of safety devices as more particularly defined in § 55-60.3 herein.
If a licensed towing operator is unable to handle a particular situation for whatever reason, the City shall have the right to use whatever means necessary to accomplish the removal, transporting and storage of motor vehicles.
No towing operator shall subcontract any work to be performed pursuant to this article without having first obtained prior written approval from City Commission. Any towing operator to whom approval to subcontract work has been given shall be responsible for the services performed by and the acts and omissions of the subcontractor and shall remain liable for any violation of this article by the subcontractor.
The towing operator shall provide a towing facility of sufficient size to accommodate not fewer than 25 passenger vehicles and one tractor and trailer and not less than 800 square feet of inside storage facilities to hold and protect "police hold" vehicles. At no time shall any automobiles towed by a towing operator be stored at any other location, except where a vehicle is towed at the request of the owner to a specific location. Vehicles shall have a maximum of sixty-day storage life with the exception of vehicles awaiting repair or in the process of being repaired at authorized body shops, in which case vehicles shall have a maximum of six months' storage life, or vehicles taken to authorized junkyards.
The towing facility shall be staffed by the licensed towing operator during normal business hours and include twenty-four-hour telephone service seven days per week during the week in which the licensed facility is on call.
The towing operator shall provide tow vehicles capable of handling the transporting of motor vehicles as defined in § 52-52 and equipped to provide regular towing service. Gross vehicular weight of 14,000 pounds to 15,000 pounds is "regular towing service." Gross vehicular weight of 15,000 pounds and above is "heavy towing service." Carry weight shall not be less than 4,000 pounds or less than that needed to carry the transported vehicle safely.
Each tow vehicle or flatbed vehicle shall be equipped with towing and safety equipment; warning devices, such as lights, flares and flags, to warn other automobile operators of the presence of a disabled automobile; and mechanics tools to perform complete emergency work, including but not limited to the following:
At least one amber rotating beacon or strobe light mounted on the highest practical location of the vehicle, which when in use shall be visible from 360° at a distance of not less than 500 feet during daylight hours.
One snatch block per winch.
Safety tow lights or magnetic tow lights for towing vehicles at night. Safety tow lights, red in color, shall be mounted in the rear of the vehicle being towed.
Ample chains and cable for pulling or securing a towed vehicle. The working limit of cable shall be noted.
At least one heavy-duty broom, shovel, crowbar or pry bar, jumper cables, flashlight, fire extinguisher of dry chemical type having a capacity of not less than two pounds, one dozen flares or similar warning devices for placement at the scene of an accident or behind a disabled vehicle, not less than 10 pounds of dry sand or a drying compound for gasoline and oil spilled onto the roadway, and tools sufficient to enable the tow vehicle operator to perform proper and adequate emergency repair services for the tow.
All wrecked vehicles must be in compliance with all safety equipment requirements as listed in N.J.S.A. 39:3-1 et seq. and 49 CFR 393.
No changes may be made to tow vehicles or equipment without prior written approval of the Millville Police Department.
Each tow vehicle shall display a sticker issued by the City Clerk on the upper left side of the driver's door panel and shall have the City of Millville's name and license number issued to the licensed tow operator and license expiration date displayed on the vehicle.
[Amended 4-2-2019 by Ord. No. 16-2019]
Towing operators and their employees shall provide all services required by this article at all times and shall be subject to the following requirements:
Possess sufficient knowledge, skill and ability to provide minimum road services for disabled vehicles and to adequately remove a vehicle from an accident scene without causing additional damage to the vehicle.
Possess a valid driver's license and/or a commercial driver's license with no restrictions or conditional endorsements except for the wearing of eyeglasses.
Be mentally alert and present a neat appearance at all times.
Obey all traffic laws, statutes, regulations and ordinances promulgated by the State of New Jersey and the City of Millville.
Be subject to inspection by the City Clerk and/or the Millville Police Department prior to rendering any services pursuant to this article.
Have no criminal convictions and not be subject to driving privilege suspensions or revocations within one year from the date of the application or renewal.
The tow vehicles provided by the towing operator shall be of such type and design to properly and safely perform all towing services required by this article and shall at all times comply with New Jersey statutes and regulations and be subject to inspection by the Millville Police Department.
All drivers of tow vehicles shall possess at all times a valid New Jersey driver's license and a commercial driver's license, where applicable, which shall be subject to inspection by the Millville Police Department. Said operator shall respect all traffic laws and shall comply with all statutes and regulations of the State of New Jersey and of the City of Millville.
The tow vehicles provided by the towing operator shall be geographically located so as to permit a response time within 20 minutes.
The towing fees and storage fees established by the towing operator shall be conspicuously posted at the towing facility owned or operated by the towing operator, which fees shall not exceed the maximum fees set forth in this article.
At all times, the towing operator shall maintain the towing facility in a clean and orderly fashion. Reasonable measures shall be taken by the towing operator to prevent vandalism, theft or damage to automobiles stored therein.
In the event that automobiles which are towed and stored by the towing operator are abandoned or unclaimed by the owners thereof, the towing operator shall make no claim against the City, its agents or employees. Only those vehicles towed from private property or public right-of-way under authorization of either the City Zoning Officer or the Police Department, not including accident vehicles, shall be disposed of by the City pursuant to N.J.S.A. 39:10A-1 et seq., or other appropriate state statutes or state regulations.
The towing operator operating pursuant to these regulations is an independent contractor and in no sense an agent, servant or employee of the City. Said operator shall at all times maintain direct supervision, management and control over all its employees and personnel engaged in the operation or services performed pursuant to these regulations.
The City shall not be responsible for the acts of the towing operator in performing the services contemplated by this article. The towing operator agrees to save and hold harmless the City from all manner of liability as a result of its actions or omissions, whether of a negligent or intentional nature.
Towing operators approved for tow list eligibility shall be required to fulfill tow requests of the Millville Police Department. Failure or refusal to remove a vehicle pursuant to directive of the Millville Police Department shall be cause for removal from the list.
The tow operator shall be responsible for ensuring the proper, safe and secure storage of all vehicles towed. The tow operator shall be liable for any and all damage incurred by such vehicles while in transit to or while stored in or at the facilities of the operator.
The tow operator shall record all vehicles towed in a book kept for such purposes. The details of each disabled vehicle towed, serviced or transported, together with full information of the towed vehicle and name and address of the owner and the charges paid for his services, shall be recorded. Full information of the towed vehicle shall include, but not be limited to, the vehicle's license number, VIN registration number, make, model, color and year. The record book herein described shall be kept open for inspection at all times by any duly authorized representative of the City of Millville. A quarterly towing record containing the information herein stated above shall be filed with the Millville Police Department and the City Clerk setting forth the details of all tows by vehicle type, date, time of day, sector and whether additional services were required.
Every tow operator on the Police Department Tow List shall maintain outside secured storage area meeting the following requirements:
[Amended 6-6-2018 by Ord. No. 32-2018]
The storage area shall be capable of storing not fewer than 25 passenger vehicles and one tractor and trailer.
The storage area shall be located either within the limits of the City or at such location outside of the City as to facilitate a response time of not more than 20 minutes.
Outside storage areas shall be fully enclosed by a fence of sufficient security to prevent trespassing, having a height of eight feet, or as otherwise prescribed by the City of Millville Zoning Ordinance, with at least one lockable gate for ingress and egress, and shall be lighted from dusk to dawn. (If the storage facility includes more than one access point, then all access points must be secured with appropriate gate and lock.) Fences which are not less than six feet in height which existed prior to adoption of this article shall be permitted; however, if such fences are replaced, the new fence shall be eight feet in height or as otherwise prescribed by the Zoning Ordinance.
The storage facility shall be available to the Millville Police Department 24 hours a day, 365 days per year, and shall be open to the public on weekdays during normal business hours and for limited but reasonable hours on weekends. The applicants shall specify the hours on which the facility will be open to the public on weekends. The storage facility shall release a stored vehicle to the owner thereof on such date as shall have been requested by said owner, and storage charges shall not accrue beyond the requested date of release.
The tow operator shall have an employee on duty during all hours in which the storage facility is open.
The tow operator shall not charge a release fee or other charge for releasing vehicles to their owners after normal business hours or on weekends.
The City of Millville shall not be responsible for the processing of licensure or any other documents required by the State of New Jersey with regard to vehicles left abandoned at a repair facility. Vehicles left abandoned at a repair facility, including those involved in accidents, are the responsibility of the repair facility, per N.J.S.A. 39:10A-8.
When towing or storing a motor vehicle under the police tow list, the towing charge and storage charge per vehicle shall not exceed those charges as set forth in the following fee schedule.
There will be no charge for towing of all non-heavy-duty City of Millville vehicles within the City of Millville and the County of Cumberland.
There shall be no additional charges other than provided herein.
Tow vehicles transporting multiple motor vehicles at one time may charge the applicable fee for each such vehicle transported.
The towing rates shall be calculated based on the total distance traveled from the point of tow to the tow operator's base of service by way of the shortest available route. Fractions may be rounded up to the nearest whole mile.
The City Clerk shall make available to the public, during normal business hours, a copy of this article and the fee schedule of licensed towing operators.
There shall be no additional charges other than those provided in the fee schedule.
The City Clerk and the Millville Police Department shall be responsible for the enforcement of the provisions of this article.
The City of Millville Police Department may authorize the towing and storage of motor vehicles located on public streets or public property which are unregistered, abandoned or illegally parked or which are permitted to be towed and stored pursuant to state statute or state regulations.
A tow operator shall not tow motor vehicles located in the public right-of-way or on private property unless authorized to do so by the owner of the vehicle or by the Police Department. This article, however, does not preclude a towing operator licensed by the City or state from towing motor vehicles located on private property in accordance with state licensure privileges.
Motor vehicles which remain unclaimed by the owner or other person having legal right thereto shall be disposed of pursuant to the applicable provisions of Title 39 of the New Jersey Statutes. The last known owner of an abandoned vehicle, or the owner of the property from which an abandoned vehicle is removed, shall be responsible for all towing fees or charges, storage fees or charges, road service fees or charges, and any other fees permitted by law.
The Millville Police Department may make periodic inspections of facilities, equipment and service and, upon request, shall be provided full access to equipment or property. Such inspections shall be made quarterly, semiannually, or annually, as determined by the applicable City official, but in no case shall such inspections be made less than annually.
The towing operator shall notify the vehicle owner, by written form acknowledged by the owner at the time of the tow, or by certified mail within three days of the tow, of towing and storage fees and removal of the vehicle. It shall be the responsibility of the towing operator to obtain all information regarding the vehicle owner at the time of the tow.
Storage by Police Department.
The Police Department shall have the right to store at its own facilities motor vehicles towed at its direction or confiscated in suspected crimes. All licensed towing operators shall extend storage to the City of Millville Police Department and, if so requested, shall provide separate storage space for exclusive use of the Police Department.
Abandoned vehicles or vehicles confiscated by the Police Department are to be stored as authorized by the Police Department to assure protection of the vehicle and to provide security of said vehicle until appropriately disposed of by the Police Department.
The towing operator shall not release a designated police hold vehicle without the proper release form approval from the Millville Police Department.
All towing operators shall provide adequate public posting of charges at their primary place of business and storage facility.
Towing operators shall not pile vehicles or park towed vehicles on public streets or sidewalks.
All towing operators shall maintain a record of each motor vehicle towed, stored and released and of all services rendered, which records shall be maintained at one central location and retained for a period of not less than five years.
Discharged petroleum or hazardous substances. Pursuant to the Spill Compensation and Control Act, including N.J.S.A. 58:10-23.11g, Subdivision c, any person in any way responsible for a discharge of petroleum or hazardous substances shall be strictly liable, jointly and severally, without regard to fault, for all costs of cleanup and removal of the discharge from the public right-of-way and private property within the area of the spill. The tow operator and/or facility owner shall be responsible for the cleanup and removal of any spill or discharge of petroleum or hazardous substances at its storage facility. The facility owner may choose to take action against the vehicle owner for the cost of such cleanup and removal. The responsible party shall contact the NJDEP Action Line to report any spills or leaks as required by N.J.S.A. 58:10-23.11e.
This article is not intended to regulate or set fees for nonbasic towing services or the towing or storage of trucks and buses. Such service, if requested, shall be billed at reasonable prevailing rates. The towing contractor shall submit a list of fees in advance for nonbasic towing to the City Clerk, who shall have the sole discretion in determining reasonable prevailing rates.