[HISTORY: Adopted by the City Council of
the City of Bridgeton 2-17-1998 by Ord. No. 97-18; amended in its entirety 1-15-2008 by Ord. No.
07-22.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance provided an
effective date of 1-1-2008.
As used in this chapter, the following terms
shall have the meanings indicated:
A vehicle which is without a current, valid registration
tag and has been left unattended on a public street or in a public
parking area for more than 30 days, or left upon private property
for more than 30 days and its removal is requested by the owner of
such private property. (A vehicle is deemed abandoned in accordance
with N.J.S.A. 39:4-56.5 if left on private property for more than
48 hours without current license and without consent of the owner
of such property.)
A private-passenger automobile of a private-passenger or
station-wagon type that is owned or hired and is neither used as a
public or livery conveyance for passengers nor rented to others with
a driver, and a motor vehicle with a pickup body, a delivery sedan,
a van, a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by a husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the insured other than farming or ranching. An automobile
owned by a farm family copartnership or corporation, which is principally
garaged on a farm or ranch and otherwise meets the definitions contained
in this section, shall be considered a private-passenger automobile
owned by two or more residents in the same household.
The removal and transportation of an automobile from a highway,
street or other public or private road, or from a parking area or
storage facility, and other services normally incident thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any other object
within the right-of-way or berm.
The New Jersey Department of Insurance.
The Director of Public Safety of the City of Bridgeton.
A building where motor cars or other vehicles are sheltered,
stored, repaired and made ready for use, not including gasoline service
stations used principally for the furnishing of gasoline, oil, lubrication
services and other services primarily relating to the repair of motor
vehicles.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles,
and that is secured by a locking device on each opening.
An occurrence in which a private-passenger automobile comes
in contact with any other object for which the private-passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the owner of the
vehicle even if they were caused by intentional acts of a perpetrator
and the perpetrator was not the owner or otherwise involved with the
owner of the vehicle.
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as "inside building" or "outside
secured."
Individuals, as well as corporations, companies, associations,
societies, partnerships and other entities.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
A person, firm, corporation or other business entity engaged
in the business of removing, transporting and storing disabled, damaged
or otherwise immobile motor vehicles by means of a tow vehicle A towing
operator shall be required to be either the first party lessee or
owner of towing vehicles which are used to remove or transport damaged
or otherwise immobile motor vehicles.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of private-passenger
automobiles.
The governing body of the City of Bridgeton,
at the beginning of each year, will establish a list of towing operators
to be called by the Police Division when required. The towing operators,
as so listed and licensed pursuant to this chapter, shall be called
on a weekly rotating basis by the Police Division of the City of Bridgeton.
Changes in the order of towing rotation shall be made by the Director
of Public Safety with the approval of the governing body.
A.
No towing operator shall be licensed or included on
the towing list established under this chapter unless the following
insurance coverage is in effect and a copy of the coverage in effect
on behalf of such towing operator has been deposited with the Chief
of Police of the City of Bridgeton:
(1)
Comprehensive automobile liability in the amount not
less than $1,000,000 combined single limits;
(2)
Workers' compensation, as required by state law;
(3)
Garage keeper's liability in the amount of $1,000,000
per location;
(4)
Garage liability in an amount not less than $500,000
combined single limits;
(5)
Comprehensive general liability coverage in an amount
not less than $500,000 for each person and $500,000 for each accident;
(6)
Endorsements providing for collision coverage for
vehicles in tow;
(7)
Endorsements for indemnification; and
(8)
Endorsement adding the City as additional insured
on all insurance policies (except workers' compensation).
B.
Each policy of insurance in effect on behalf of a
towing operator shall contain a provision providing for at least 15
days' notice to the Clerk of the City of Bridgeton in the event of
any cancellation or material change with respect to coverages provided
and shall provide a provision for defense and indemnification of the
City, its elected officials, boards, commissions, officers, employees
and agents from all suits, actions, damages or claims to which the
City may be subjected, of any kind and nature whatsoever, resulting
from, caused by, arising out of or as a consequence of the actions
by the towing operator by said insurance company.
C.
All insurance policies shall be written by insurance
companies acceptable to the City and authorized to do business in
the State of New Jersey.
A.
No towing operator shall be authorized to be included
within the towing rotation list established pursuant to this chapter
without first obtaining a license from the Municipal Clerk of the
City of Bridgeton.
B.
The fee schedules of licensed towing operators shall
be made available at the Clerk's office during normal business hours.
C.
The towing operator shall at no time transfer or assign
a license, or any part thereof, for any purpose whatsoever.
D.
All licenses under this section shall expire at the
end of the calendar year in which issued. Applications for renewals
shall be filed with the Clerk on forms provided by the Clerk, at least
30 days before the expiration of said licenses.
A.
Application for licenses issued pursuant to this chapter
shall be made upon blank forms prepared by and made available by the
Clerk of the City of Bridgeton and shall include the following information:
(1)
The name, home address, proposed or actual business
address and telephone number of the applicant and whether he is the
owner, the lessee or operating under some other arrangement. If the
application is made for a corporation, it shall state the names and
addresses of the officers and directors thereof, its registered agent
and the names and residential addresses of every stockholder owning
more than 10% of the issued stock.
(2)
The location, description and hourly availability
of the tow trucks or wreckers owned or operated by the applicant.
(3)
A statement that the applicant has available space
for properly accommodating, storing and protecting all disabled motor
vehicles to be towed or otherwise removed from the place where they
are disabled, and that the disabled vehicles will not be stored or
allowed to remain on public property or City streets or on property
which is not zoned for such storage.
(4)
The description of the vehicles for which the license
is desired, including the year, make, model, type, serial number of
body, motor capacity, length of time the vehicle has been in use and
any other information which the Clerk shall deem necessary or proper
to effectuate the purposes of this chapter.
(5)
Proof that each vehicle to be licensed is duly registered
and inspected as a tow vehicle by the State of New Jersey Division
of Motor Vehicles.
B.
All applications shall attach thereto a copy of the
operator's current fee schedule for towing and storage services, separately
listing towing and storage for automobiles and other motor vehicles.
C.
A certification that on-call towing and storage services
will be available 24 hours per day, every day of the year and a certification
that the fees and procedures required by this chapter shall be complied
with at all times.
D.
All applications shall have an affidavit attached
thereto or a subscription thereto sworn to by the applicant that all
information is true and correct.
A.
Within 10 days after the receipt of an application
as provided for in this chapter, the Municipal Clerk shall request
an investigation to be made of the applicant and of his proposed business
operation, and shall cause the Police Division to make an inspection
of the business and the vehicles proposed for inclusion in the City
of Bridgeton towing rotation list. Within 20 days from the date of
the request by the Clerk for an investigation, a report shall be filed
by the Police Division as to the qualifications of the applicant.
[Amended 9-19-2017 by Ord. No. 17-20]
B.
Upon completion of the application and inspection,
and upon the recommendation of the Director of Public Safety, the
Clerk shall either refuse or shall grant the application and the towing
vehicles listed thereon. The applicant shall be informed of the decision
with respect to the application. If the application is denied, the
reasons for such denial shall be set forth in the notice, along with
the applicant's right to appeal the denial to City Council of the
City of Bridgeton in accordance with this section.
C.
Appeals. Any person aggrieved by the action of the
Director of Public Safety or his designated agent in the denial of
an application for a license or in the revocation thereof or in the
suspension from the City's towing list may appeal to the City Council
of the City of Bridgeton by filing with the Municipal Clerk, within
14 days after notice of the action complained of has been mailed to
such person's last-known address, a written request for a hearing,
setting forth fully the grounds for the appeal. The Municipal Clerk
will set a time and place for a hearing on such appeal, and notice
shall be served on or mailed to the applicant at least five days prior
to the hearing.
A.
The Director of Public Safety or, by his delegation,
the Chief of Police shall establish reasonable rules and regulations
for the inspection and operation of towing vehicles and for the design,
construction and condition of fitness for the safe conduct of towing
services performed in accordance with this chapter, including but
not limited to participation in safety courses, training courses and/or
association with any approved agency.
B.
The Director of Public Safety or the Chief of Police
or their designee shall have the right at all times to inspect all
licensed tow trucks and shall maintain a record of any such inspections.
If, at any time, the Director of Public Safety or Chief of Police
or his or her designee shall deem the equipment inadequate or unsafe,
he or she shall have the power to demand immediate correction of such
inadequacies, and, if not corrected to his or her satisfaction, he
or she shall have full power to suspend the licensee's entitlement
to be included within the City of Bridgeton towing rotation after
a hearing before the Director of Public Safety with respect to the
violation alleged.
C.
The Director of Public Safety or, by his delegation,
the Chief of Police shall establish reasonable rules and regulations
with respect to inventory and inspection of all towed vehicles and
their contents.
The Clerk, upon the recommendation of the Director
of Public Safety, shall approve an application only when the following
requirements have been met, in addition to any other requirements
imposed by this chapter.
A.
The public convenience and safety will be served by
issuing the license to the applicant for the vehicles described on
such application.
B.
The insurance policies as required by this chapter
have been furnished to the Municipal Clerk and verified as being in
conformance with this chapter.
[Amended 9-19-2017 by Ord. No. 17-20]
C.
The applicant and proposed operators are fit persons
to operate and conduct a towing service within the City of Bridgeton.
D.
The requirements of this section and all other governing
laws, statutes and ordinances have been met.
E.
The vehicles listed on the application have been properly
licensed and inspected by the State of New Jersey and the necessary
stickers affixed thereto. No vehicle shall be licensed or utilized
as a tow truck or towing vehicle under this chapter which does not
comply with state inspection requirements.
F.
The tow trucks or towing vehicles shall meet the standards of classifications for tow vehicles set forth in § 334-10 of this chapter.
G.
The applicant can provide on-call towing services
24 hours per day, every day of the year.
H.
The applicant's base of operation for calls and storage
facility is located within two miles of City limits and the applicant
can demonstrate a response time of no more than 10 minutes.
[Amended 4-5-2011 by Ord. No. 10-29; 9-20-2011 by Ord. No. 11-07]
I.
The applicant has attended and completed any and all
training courses presented by the City of Bridgeton or required by
the City of Bridgeton as a condition of approval in the regulations
governing tow operators.
The following minimum standards with respect
to each class of vehicles listed on the application shall be met:
A.
Light-duty/service requirements: The tow operator
must present for service a minimum of three trucks, consisting of
two flatbeds and a light-duty wrecker, which meet the following requirements:
(1)
Commercially manufactured wrecker and chassis with
a minimum GVWR of 10,000 pounds.
(2)
Dual rear wheels.
(3)
Minimum wheel lift capacity of 3,000 pounds.
(4)
Minimum winch capacity of 8,000 pounds.
(5)
Minimum hydraulic boom capacity of 8,000 pounds.
(6)
Vehicle manufacturer serial plate must be legible
and visible for inspection on undercarriage and chassis boom or certified
by manufacturer's rating paperwork.
(7)
A cable 3/8 inch by 100 feet or OEM specifications.
(8)
Two safety chains 3/8 inch by 10 feet with a minimum
of Grade 8 alloy.
(9)
Two tow chains 3/8 inch by 10 feet with a minimum
of Grade 8 alloy with J- and T-hooks and grab hooks.
(10)
Wheel lift safety straps or equivalent wheel
retention device.
(11)
One four-ton snatch block per winch.
(12)
Trailer ball hitch attachment.
(13)
Motorcycle towing equipment.
(14)
Amber emergency lights with proper amber light
permit from State of New Jersey.
(15)
Two floodlights or worklights to the rear of
the wrecker.
(16)
Two-way radio or cellular phone.
(17)
Assortment of tools.
(18)
Jumper cables.
(19)
Flashlight, fire extinguisher and first-aid
kit.
(20)
Gas can.
(21)
Lug wrench and jack.
(22)
Broom and shovel, road flares, triangles or
road cones.
(23)
Commercially manufactured flatbed and chassis
with a minimum GVWR of 14,500 pounds.
(24)
Vehicle manufacturer serial plate must be legible
and visible for inspection on underreach and chassis or certified
by manufacturer's rating paperwork.
(25)
Seventeen-foot or longer hydraulically operated
slide back or tilt bed.
(26)
A cable 3/8 inch by 50 feet or OEM specifications.
(27)
Four tie-down devices; if chains, they must
be 3/8 inch by 10 feet with a minimum Grade 7 alloy or synthetic web
straps of equivalent strength.
(28)
One bridle chain, high test, with J-hooks, T-hooks
and grab hooks.
(29)
One four-ton snatch block.
(30)
Assortment of wood blocks and boards.
B.
Heavy-duty/service vendors may tow vehicles that are
over 32,000 pounds GVWR or that have dual rear wheels. All towing
vehicles classified as "heavy duty" shall meet the following requirements:
(1)
One commercially manufactured hydraulic wrecker and
chassis with underreach capabilities and a minimum GVWR of 32,000
pounds.
(2)
Meet state and federal DOT requirements governing
commercial motor vehicles.
(3)
Air brakes.
(4)
Air transfer system: a means of controlling the brakes
of the towed vehicle.
(5)
Axle lift with a minimum lift capacity of 25,000 pounds
and a tow capacity of 80,000 pounds.
(6)
Vehicle manufacturer serial plate must be legible
and visible for inspection on undercarriage and chassis boom or certified
by manufacturer's rating paperwork.
(7)
Two safety chains 1/2 inch by 10 feet with a minimum
of Grade 8 alloy.
(8)
Two tow chains 5/8 inch by 10 feet with a minimum
of Grade 8 alloy.
(9)
Axle lift safety straps or equivalent retention device.
(10)
Amber emergency lights with proper amber light
permit from State of New Jersey.
(11)
Two floodlights or worklights to the rear of
the wrecker.
(12)
Tow light bar or magnetic tow lights.
(13)
Two-way radio or cellular phone.
(14)
Assortment of wood blocks and boards.
(15)
Assortment of tools.
(16)
Flashlight.
(17)
T-bolts/maxi release pins.
(18)
Angle iron.
(19)
First-aid kit.
(20)
Fire extinguisher.
(21)
Broom and shovel.
(22)
Road flares, triangles or road cones.
(23)
Two twelve-ton snatch blocks per winch.
(24)
Trained/certified CVI-enlisted personnel will
assist in any federal DOT requirements governing commercial motor
vehicles.
C.
Recovery duty. Includes service for all accidents,
recovery and winching incidents for any vehicle over 10,000 pounds
GVWR or any vehicle that has dual wheels.
D.
Recovery requirements.
(1)
Two commercially manufactured hydraulic wreckers and
chassis with underreach capabilities and a minimum GVWR of 32,000
pounds.
(2)
Oshkosh or Sterling-type crane can be substituted
for one hydraulic boom wrecker.
(3)
Meet state and federal DOT requirements governing
commercial motor vehicles.
(4)
Air brakes.
(5)
Air transfer system: a means of controlling the brakes
of the towed vehicle.
(6)
At least one truck shall have an axle lift with a
minimum lift capacity of 25,0000 pounds and a tow capacity of 80,0000
pounds.
(7)
Each wrecker must have a minimum winch capacity of
50,000 pounds.
(8)
Each wrecker must have a minimum boom capacity of
50,0000 pounds.
(9)
A cable 5/8 inch by 200 feet or OEM specifications.
(10)
Two safety chains 1/2 inch by eight feet alloy.
(11)
Two tow chains 1/2 inch by 10 feet and four
chain binders.
(12)
Recovery straps six inches by 20 feet or longer.
(13)
Axle lift safety straps or equivalent retention
device.
(14)
Two scotch blocks or recovery stiff legs mounted
into body of truck.
(15)
Two twelve-ton snatch blocks per winch.
(16)
Amber emergency lights with proper amber light
permit from State of New Jersey.
(17)
Two floodlights or worklights to the rear of
the wrecker.
(18)
Two-way radio or cellular phone.
(19)
Assortment of wood blocks and boards.
(20)
Assortment of tools.
(21)
Flashlight.
(22)
Angle iron.
(23)
Tow light bar or magnetic tow lights.
(24)
T-bolts/maxi release pins.
(25)
Hydraulic bottle jack.
(26)
First-aid kit.
(27)
Fire extinguisher.
(28)
Broom and shovel.
(29)
Road flares, triangles or road cones.
(30)
Additional equipment, either owned or subcontracted.
(31)
One air cushion recovery system, including starter
cushions, with motor-driven air pump and a lifting capacity of 100,000
pounds.
(32)
One semi-tractor with fifth wheel.
(33)
One lowboy or landall-type equipment-hauling
trailer with a minimum hauling capacity of 40,000 pounds.
(34)
One relief trailer or truck capable of transferring
loads off damaged trucks.
Licenses granted under this chapter shall be
for a one-year period from January 1 until December 31 of each year.
A.
In the event that provisions of this chapter are not
complied with, the Chief of Police and/or the Director of Public Safety,
in addition to such other procedures established by this chapter,
shall have the right to suspend a licensee's license for a period
not to exceed 30 days if the Chief and/or Director has cause to believe
the licensee is not following the provisions of this chapter, the
statutes of the State of New Jersey or the rules and regulations enacted
by the City of Bridgeton Police Department governing towing operations.
B.
If, within the thirty-day period of suspension, the
licensee requests a hearing, in writing, to the Clerk of the City
of Bridgeton, such a hearing shall be scheduled as soon as possible,
but not less than within 20 days, before City Council. The license
shall continue on suspension pending the hearing. At such hearing,
the licensee shall show good cause why the license shall not be canceled.
C.
Upon cancellation, a licensee must reapply in accordance
with this chapter for a new license.
A.
The licensee shall be responsible for any damage occurring
to any vehicle after it has come into the towing operator's possession
until the owner or his representative takes possession.
B.
The licensee shall maintain insurance coverage in
the amounts and types specified in this chapter.
C.
The licensee agrees to save and hold harmless the
City from all manner of liability and expense, including attorneys'
fees, arising from actions or omissions of the licensee.
D.
All vehicles towed must be stored in an area protected
by lighting and six-foot-high chain-link or stockade fencing to secure
the safety of all vehicles stored.
E.
The storage facility must be of sufficient size to
accommodate at least 15 vehicles and must contain at least 4,000 square
feet either inside or outside storage area, or in combination.
F.
Unless otherwise directed by the owner of a vehicle,
all vehicles towed by the licensee shall be stored at the yards or
facilities listed on the application and at no other location.
G.
All storage yards or areas must meet current zoning
standards and comply with all applicable municipal ordinances and
state laws.
H.
The towing fees and storage fees established by the
licensed towing operator shall be conspicuously posted at the storage
facility owned or operated by the licensee, along with maximum fees
established by ordinance. Additionally, the driver responding to a
call shall carry a printed handout regarding towing fees and storage
fees.
I.
All towing operators shall be required to clear debris
and refuse, including but not limited to broken glass and speedy dry
materials, from the scene of any accident to which the licensee is
called.
J.
The licensee shall be required to respond to calls
for towing services without delay, and in no event shall a licensee
respond to a request for towing services later than 15 minutes from
the receipt of a call for towing services.
K.
In the event that a tower cannot provide adequate
towing services upon being called, it shall notify the telecommunications
officer, who shall notify the next towing operator on the rotation
list to assist with provision of towing services.
The Chief of Police shall keep a register of
the names of all persons and entities owning or operating tow trucks
to which licenses have been issued under this chapter, together with
the license number and description of such tow trucks.
A.
Charges for the transportation, hauling or service
of disabled or abandoned passenger cars by a towing operator under
this chapter shall not exceed the charges as set forth by the Department
of Community Affairs, or any other department with jurisdiction over
this issue, if any, and as amended from time to time, but in no event
shall such charges be more than reasonable and customary in the area.
B.
Station wagons, pickup trucks and panel trucks up
to 1 1/2 tons shall be considered the same as passenger automobiles
for the purpose of rates and fees.
C.
For motor vehicles which are not private-passenger automobiles, as set out in rules or regulations set forth by the Division of Community Affairs or any other department with jurisdiction over this issue, and if the vehicle is located within the public right-of-way, the maximum towing charge shall be as provided in Chapter 149, Fees, Article II, Schedule of Fees.
D.
Rates for flatbeds shall be the same as for the utilization
of other towing vehicles as set forth above, depending upon the weight
of the vehicle being towed.
E.
With respect to any vehicle that has been damaged,
rolled over or is off the public right-of-way, an additional charge,
which shall not be unreasonable, may be charged by the towing operator
and negotiated between the driver of the vehicle and the towing operator.
F.
With respect to any straight-body truck, tractor-trailer
or other vehicle with over two axles, whether in the public right-of-way
or not, such rates, which shall not be unreasonable, may be agreed
upon between the towing operator and the owner of the vehicle.
G.
To the extent practicable prior to engaging a tow,
each towing operator shall inform the owner of such vehicle as to
the amount of fees and costs, including storage fees, to be incurred
for such services.
B.
With respect to any fees charged for storage services
to parties other than the City of Bridgeton, storage fees shall not
exceed the limits established by the Department of Community Affairs
or any other department with jurisdiction over this issue.
C.
With respect to any vehicle towed and stored at the
direction of the Police Division pursuant to a police investigation,
no operator may charge the City of Bridgeton for towing and storage
in excess of $250 for any one vehicle in the event that possession
and ownership ultimately rest in the City of Bridgeton, regardless
of the length of time stored.
A.
Any vehicle which is abandoned and which is towed
by a licensee at the request of the City of Bridgeton shall be towed
in accordance with this chapter.
B.
All vehicles which are deemed to be abandoned vehicles
in accordance with this chapter may be towed at the request of the
Police Division. If the Division of Housing and Code Enforcement of
the City of Bridgeton determine the need for any vehicle to be towed
in accordance with this chapter, the City official shall notify the
Police Division to arrange for the tow. The owner of the vehicle shall
be responsible for the cost of abandoned vehicle tows in accordance
with this chapter, and under no circumstances shall the City of Bridgeton
be responsible for fees in excess of the storage fees set forth hereunder.
Expenses for towing and storage of abandoned vehicles shall be recovered
from the sale of such vehicles, and charges or expenses incurred for
towing and storage of abandoned vehicles may otherwise be collected
from the owner of such vehicles.
C.
All towing operators shall comply with the requirements
of N.J.S.A. 39:10A-1 et seq., as well as any other statute, rule or
regulation relevant to this issue.
D.
Subject to agreement and negotiation with the owner/operator,
the recovery costs for any vehicle shall be the sole responsibility
of the owner/operator and shall not be the responsibility of the City
of Bridgeton.
E.
Spillage. Any costs incurred by any City department,
including but not limited to the Streets and Roads Department, Fire
Department, etc., such as storage, cleanup, etc., shall be borne by
the owner/operator of the vehicle. Any reasonable incidental expenses
incurred by the City of Bridgeton during the recovery of any vehicle
shall be borne by the owner.
A.
Abandoned and unclaimed motor vehicles shall be disposed
of and sold, as the case may be, in accordance with the provisions
of N J.S.A. 39:10A-1 et seq.
B.
When a towing operator tows an abandoned vehicle at
the request of the City of Bridgeton, the required reports pursuant
to N.J.S.A. 39:10A-1a shall be prepared by such towing operator and
furnished to the Director of Public Safety of the City of Bridgeton
or his designee.
C.
Unless otherwise disposed of, when it has been ascertained
that an abandoned vehicle has not been stolen and is one which can
be certified for a junk title, and the vehicle shall remain unclaimed
by the owner or other person having a legal right thereto for a period
in excess of 15 business days, then in such event such vehicle may
be sold at auction, at a public place, to be conducted by the Police
Division of the City of Bridgeton. The towing operator shall provide
photographs of the vehicle to the Chief of Police or his designated
agent prior to the sale.
D.
All other sales of abandoned motor vehicles shall
take place and occur in accordance with the provisions of N.J.S.A.
39:10A-1 et seq.
A.
The Police Division of the City of Bridgeton or the
Director of Public Safety shall maintain a record of all towing calls
made to towing operators appearing on the City of Bridgeton towing
rotation list, the date and time thereof, and any missed calls by
towing operators. Additional information may also be recorded as to
the place, time of such tow, the identity and make, model and year
of the vehicles being towed and any other information which may be
deemed pertinent.
B.
Every towing operator licensed under this chapter
shall record, in a book kept solely for such purpose, the details
of each disabled vehicle towed, serviced or transported, together
with all information concerning the vehicle, including but not limited
to the name of the owner of the towed vehicle, if known, the individual
engaging towing services, the charges for the same, together with
the make, model, year and license plate number of all vehicles being
towed. The record book described in this section shall be kept open
for inspection at all times by any duly authorized representative
of the City of Bridgeton.
C.
No tow operator shall dispose of, destroy, remove,
sell or otherwise transfer any vehicle towed at the request of the
City Police Division or other City department without first complying
with all applicable laws of the State of New Jersey and notifying
the City Police Division of its intention to do so, in writing, at
least 14 days prior to effectuating the same.
A.
Each towing operator approved for provision of towing
services under this chapter shall be included upon a list to be maintained
by the Director of Public Safety and Police Division of the City of
Bridgeton.
B.
Commencing at 12:01 a.m. each Monday morning, the
Director of Public Safety or the Chief of Police shall designate a
towing operator to receive all calls for towing services from the
City of Bridgeton from such time until 11:59 p.m. the following Sunday.
Thereafter, the next approved towing operator shall serve for the
succeeding week, and other towing operators shall be rotated in like
fashion.
C.
In the event that a towing operator is unable, refuses
or fails to respond to a towing call by not arriving at the scene
of the tow within 15 minutes from the call, then, in such event, the
next approved towing operator on the rotation list shall be called
to respond by the tower at the scene.
D.
If the licensee misses, fails or refuses to respond
to three towing calls within a thirty-day period, such towing operator's
continued inclusion on the City of Bridgeton's towing rotation list
may be suspended or revoked as provided herein. If a licensee is notified
of an attempt to suspend his license, upon request, the licensee shall
be entitled to a hearing before the Director of Public Safety. In
the event that the licensee is notified of the City's intention to
revoke the licensee's license, then in such event the licensee will
be entitled to a hearing before the City Council. Any appeal with
respect to the Director of Public Safety's determination to suspend
a licensee's license shall be heard by the City Council of the City
of Bridgeton.
E.
Such additional rules and regulations regarding the
rotation of towing vehicles may be promulgated by the Director of
Public Safety with the approval of the governing body.
F.
All vehicles towed during the designated rotation
period for each licensee shall, to the extent practicable, be made
by the rotation towing operator on duty. In the event that a towing
operator lacks the necessary equipment to conduct a tow, then in such
event the tower shall call the next scheduled towing operator for
such tow. When any unusual situation occurs which may be dangerous
to the safety of the public, such as a spill of toxic material of
other dangerous cargo, the Director of Public Safety or the Police
Division may select any qualified tow operator.
Nothing in this chapter shall be construed to
preclude the owner of any vehicle from requesting any towing operator,
at the owner's election, from towing the owner's vehicle or from utilizing
the services of a particular towing operator within or without the
City of Bridgeton, so long as such request does not jeopardize public
safety.
B.
In addition to the penalty prescribed under this section,
the Clerk, after notice and a hearing before City Council, may revoke
or suspend any license issued under this chapter or refuse to renew
any license previously issued for violation of any of the provisions
of this chapter or any rules and regulations promulgated by the Director
of Public Safety and/or the Chief of Police of the City of Bridgeton.
(1)
Additionally, licenses may be revoked or suspended
for the following reasons:
(a)
Unsatisfactory service which jeopardizes public
safety;
(b)
More than three unexcused failures to respond
and/or valid complaints as determined by the Director of Public Safety
after investigation within a twelve-month period;
(c)
Any complaint relative to service, overcharging,
theft of parts, damage, discourteous treatment or the like.
C.
In the event that any licensee, after procuring the
license pursuant to this chapter, shall thereafter be unable to comply
with the provisions of this chapter, he shall notify the Clerk of
the City of Bridgeton, in writing, after which the penalty provisions
of this section shall not apply.
D.
In the event that any tow operator does not keep the
required records as required by this chapter or the rules and regulations
adopted by the Director of Public Safety or by his delegate, the Chief
of Police, the tow operator shall forfeit any fees or costs it would
otherwise be entitled to pursuant to this chapter.
The Director of Public Safety and/or the City
Police Division may promulgate such rules, regulations and procedures,
not inconsistent with this chapter, as may be reasonable and necessary
to carry out the provisions of this chapter. Copies thereof shall
be provided to all licensed tow operators and shall be made available
to the public, along with copies of current fee schedules, during
normal business hours. Failure to comply with applicable rules, regulations
and procedures may be cause for revocation of a tow operator's license.
