[HISTORY: Adopted by the Mayor and Council
of the Borough of Clementon 3-22-1993 by Ord. No. 93-2. Amendments
noted where applicable.]
The towing and storage of automobiles in the
Borough of Clementon shall be performed by towing operators qualified
and licensed pursuant to the provisions set forth below on a rotating
basis without competitive bid.
As used in this chapter, the following terms
shall have the meanings indicated:
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, or delivery sedan,
a van or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the owner 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 relatives resident in the same household. Excluded
are corporation-owned trucks or vans.
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.
All vehicles propelled otherwise than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles.
An occurrence in which a motor vehicle comes in contact with
any other object for which the motor vehicle must be towed or removed
for placement in a storage facility.
An area not indoors secured by a fence, wall or barrier at
least six feet high with a passive alarm system or similar alarm system
and continuously lighted at night, with all gates, doors or entryways
secured by locks.
An area not indoors that is not secured by a fence, wall
or other barrier, and includes all other areas not defined as an inside
building and outside secured facility.
Starts at 12:01 a.m. for a twenty-four-hour period or fraction
thereof.
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 towing operator's principal place of business where the
tow vehicle is stationed when not in use.
Towing operators performing towing services
for the Borough of Clementon shall perform on a rotating basis. The
Chief of Police is hereby authorized and directed to establish a tow
truck call list of towing operators licensed pursuant to this chapter
and to establish a system of rotation in the assignment of tow trucks.
Towing operators shall be assigned duties from the tow truck call
list only. No licensed towing operator or other party shall respond
to the scene of an accident except upon notification by the officer
in charge at police headquarters or upon request of the driver or
owner of the disabled vehicle.
A.
In order for a towing operator to be listed on the
tow truck call list, a license is required pursuant to the provisions
set forth below. Each license issued hereunder shall terminate on
December 31 of the year in which it is issued, and each renewal license
shall be for the one-year period of January 1 through December 31.
B.
Specifically exempted from the licensing requirement
is the towing, transporting, conveying or removing of motor vehicles
from private property by towing operators who have been privately
engaged or designated by the owner of the vehicle to be so removed.
C.
All applicants for licenses shall pay the sum of $200
at the time the application is filed. This is a nonrefundable fee
which shall be utilized to cover the cost of investigation and review
and shall also be considered to be the fee for the balance of the
year for which the application is filed. Thereafter, the annual fee
shall be in the amount of $100.
Licenses hereunder shall be approved by the
governing body of Clementon Borough and issued by the Borough Clerk.
The application therefor shall contain the following information:
A.
The full name and address of the applicant and, if
such applicant is a corporation, the names and addresses of the officers
and directors thereof, and the registered office and registered agent
thereof; or, if such applicant is a partnership, the names and addresses
of all partners.
B.
The year, make, model and serial number, registration
number and owner of each tow vehicle which is to be used by the applicant
in responding to calls from the Clementon Police Department requesting
the towing and storage of disabled motor vehicles.
C.
The tow vehicle's base of service for each tow vehicle
to be used by the licensed operator.
D.
The location to which the applicant will tow, transport,
convey or remove, and thereafter store, any motor vehicle towed, transported,
conveyed or removed by the applicant pursuant to the provisions of
this chapter.
E.
The specific area at the location referred to above
that the applicant has available for properly storing and protecting
disabled motor vehicles. The applicant shall attach to his application
a diagram of its property showing the secured area (inside or outside
secured) intended for the storage and protection of vehicles removed
from the roadway.
F.
The place and location where the applicant will maintain
an office at which any person whose vehicle has been towed, transported,
conveyed or removed may obtain information relative thereto, attend
to the payment of any money to be paid in connection therewith and
arrange for any further removal or possession of such vehicle.
G.
A statement that the applicant has sufficient personnel
and equipment to provide twenty-four-hour towing and storage services
and is able to respond to police calls in accordance with the requirements
of this chapter.
H.
A certification that the fees charged will not exceed
those set forth in this chapter.
I.
The name of the insurance company and its address
and policy number showing the limits of coverage required by this
chapter, along with a certification that the Borough of Clementon
will be added as an additional insured under the liability provisions
of said policy.
J.
A representation that the applicant will execute an
indemnification and hold-harmless agreement with the Borough of Clementon.
K.
A listing of the applicant's prior towing experience,
including the years in business and other municipalities served.
L.
Such other information as deemed appropriate by the
governing body of the Borough of Clementon.
A.
Application forms may be obtained from the Borough
Clerk, and all completed applications, together with the licensing
fee, shall be submitted to the Borough Clerk.
B.
All applications shall be investigated and evaluated
by the Borough Police Chief or his designee regarding the applicant's
background and qualifications, and a report of the Police Chief's
findings and recommendations shall be submitted to the governing body
within 30 days of the receipt of said application. All applicants
shall execute a release for information to be obtained by the Police
Chief to complete the investigation and evaluation.
C.
All applications are subject to review and approval
by the governing body of Clementon Borough. Only those applicants
which are responsible and qualified pursuant to the provisions of
this chapter shall be approved. All approved applicants shall be required
to execute a contract with the Borough of Clementon to provide the
towing and storage services referred to herein.
No license shall be issued unless all of the
following standards are met:
A.
Equipment requirement. No license shall be issued
to a towing operator who does not possess, for utilization in this
business, the following tow vehicles and equipment, which tow vehicles
and equipment shall be inspected by the Chief of Police or his authorized
representative prior to a license being issued:
(1)
At least one four-ton tow vehicle with a boom and
drum rating of four tons; a one-hundred-foot-long three-eighths-inch-diameter
cable with a recommended working limit of at least 3,500 pounds; recommended
gross vehicle weight of truck or chassis of 10,000 pounds; and dual
rear wheels maintained and equipped in accordance with manufacturer's
specifications.
(2)
At least one sixteen-ton tow vehicle with two booms
and two drums, with each boom having an eight-ton capacity and each
drum having an eight-ton capacity, and each drum having a two-hundred-foot-long
one-half-inch cable; recommended gross vehicle weight of truck or
chassis of 16,000 pounds; dual rear wheels; heavy-duty truck tow bar
air brakes; connecting air lines for connection with air compressor
and air brake lines of the towed vehicle; two-speed rear axle and
differential or dual transmission or five-speed transmission; two
heavy-duty high-test pickup chains; and heavy-duty truck sling and
tow bar. In lieu of having this piece of equipment in its possession,
the licensee may supply the Borough Clerk with an agreement, in writing,
between the licensee and any other entity or corporation or person
who possesses this specific equipment that he or it will provide services
to the licensee pursuant to the provisions of this chapter for the
term of the license. This agreement shall provide that the response
time shall be in accordance with the provisions of this chapter and
that the licensee shall assume all responsibility for compliance with
the provisions of this chapter. The licensee shall make provision
for the equipment to be available for inspection at his place of business
at the time and place requested by the Chief of Police or his authorized
representative prior to the issuance of the license. If said agreement
shall be cancelled for any reason, the licensee must notify the Borough
of Clementon within 24 hours.
(3)
At least one flatbed or car carrier with at least
one-car capacity; three-hundred-sixty-degree rotating amber emergency
light; wheel chokes; and four tie-down chains or grab hooks. In lieu
of having this equipment in his possession, the licensee may supply
the Borough Clerk with an agreement, in writing, between the licensee
and any other entity or corporation or person who possesses this specific
equipment that he or it will provide services to the licensee pursuant
to the provisions of this chapter for the term of the license. This
agreement shall provide that the response time shall be in accordance
with the provisions of this chapter and that the licensee shall assume
all responsibility for compliance with the provisions of this chapter.
The licensee shall make provisions for the equipment to be available
for inspection at his place of business at the time and place requested
by the Chief of Police or his authorized representative prior to the
issuance of the license. If said agreement shall be cancelled for
any reason, the licensee must notify the Borough of Clementon within
24 hours.
(4)
At least one vehicle equipped with tie-down equipment
for carrying motorcycles.
(5)
Safety equipment to be carried on all trucks, which
shall include universal towing sling; tow hooks and chains; one snatch
block for three-eighths-inch to one-half-inch cable; two high-test
safety chains; four-lamp or three-lamp revolving amber light; a tool
box with an assortment of hand tools; rear working lights and rear
marker lights; cab lights; body clearing lights located to clear the
towed vehicle; a blocking choke for the tow vehicle while working;
safety cones; a shovel and broom; and a steering wheel lock or tie-down.
B.
The tow vehicle's base of service, the towing operator's place of business, the proposed storage areas and any other premises to be utilized by the towing operator as set forth in the license application shall comply with all provisions of Chapter 298, Zoning, Chapter 214, Article II, Property Maintenance Code, and all other applicable laws of the Borough of Clementon pertaining to the use or condition of said premises.
C.
Each towing operator shall have the ability to store
all motor vehicles within an inside secured or outside secured area.
The enclosure shall be in good repair and well-maintained, and must
be continuously lighted from dusk to dawn. No vehicles shall be stored
in an outside unsecured area. Each storage area shall be subject to
inspection and approval by the Chief of Police or his designee prior
to a license being issued.
D.
The secured storage area must be available 24 hours
a day, 365 days per year and open to the public on weekdays during
normal business hours and limited hours to be approved by the governing
body of Clementon Borough on Saturdays and Sundays.
E.
Insurance coverage.
(1)
All towing operators shall maintain and produce proof
of the following insurance coverage, with the Borough of Clementon
named as an additional insured, with the application when submitted
to the Borough Clerk:
(2)
The policies shall be endorsed to provide collision
coverage for vehicles in tow.
F.
In order to provide the public with prompt and adequate
tow truck service, the licensed tow operator must respond within 15
minutes after being summoned, and the licensed tow operator’s
storage facility must be within a six-mile radius from the Clementon
Borough Municipal Building.
[Amended 6-4-2013 by Ord.
No. 2013-06]
G.
Operators and their employees shall be fully trained
and knowledgeable in the operation of all required equipment and shall
be subject to background investigations by the Borough of Clementon
Police Department.
H.
All billings for towing and storage services shall
be itemized for the services actually rendered pursuant to the fee
schedules set forth herein. A copy of the fee schedule set forth in
this chapter shall be available to the public at the towing operator's
place of business during normal business hours.
I.
Towing operators shall agree to defend, indemnify
and hold harmless the Borough of Clementon for any and all suits,
judgments, costs, expenses, including attorney's fees, and claims
on account of breach of contract, damaged property or personal injuries,
including death, arising out of or in any way connected with the towing
and storage services to be provided.
A.
The governing body hereby designates the Police Department
generally and the Chief of Police in particular as the supervising
authority to enforce the provisions of this chapter, as well as the
rules and regulations adopted hereunder.
B.
Each licensed towing operator shall at all times maintain
the necessary equipment to remove disabled vehicles as required by
this chapter. Each towing operator, prior to departure from the scene
of towing services, shall clean and clear the streets of any customary
debris resulting from any motor vehicle accident at such scene and
shall at all times carry the necessary equipment to perform said cleaning
services.
C.
Refusal to tow an abandoned or stolen motor vehicle
or at the scene of a motor vehicle accident may result in the disqualification
of any towing operator, and a report of said refusal shall be furnished
to the Chief of Police and the Borough Clerk by the investigating
officer at the scene of the accident, as soon as possible.
D.
If the licensee summoned is unable to respond within
the time constraints specified in this chapter, he shall so notify
the individual requesting the service, and the next-named towing operator
on the tow truck call list shall be called to respond.
E.
No towing operator operating pursuant to the license
issued hereunder shall employ, either directly or indirectly, any
personnel or employees of the Borough of Clementon.
F.
The Borough of Clementon Police Department shall maintain
a log record of calls to licensed towing operators, and said record
shall be available for inspection by any licensed tow operator upon
reasonable notice.
G.
An individual whose motor vehicle has been towed and/or
stored or the owner's representative has the right to retrieve any
of his or her personal possessions therefrom, even when said motor
vehicle is within the possession of the towing operator. "Personal
property" shall be defined to mean anything that is not permanently
attached to the motor vehicle so as to be an integral part thereof.
Either the vehicle owner or representative seeking the retrieval of
any personal items shall first obtain a release form from the Clementon
Borough Police Department prior to arranging with the towing operator
to obtain said items and shall be required to execute a receipt thereof.
The towing operator shall maintain copies of the said receipts. The
owner of the motor vehicle or representative is also permitted to
take pictures of the motor vehicle. The towing operator shall not
charge the vehicle owner or representative for the removal of personal
items or taking pictures of the vehicle.
[Amended 9-6-2022 by Ord. No. 2022-11]
H.
The Borough of Clementon reserves the right to review
the qualifications of any personnel employed by the towing operator
at any time.
I.
The towing operator and any of its employees are independent
contractors and they do not represent nor are they employed by the
Borough of Clementon.
J.
The towing operator shall at all times be responsible
for the conduct of its employees and shall be liable to the Borough
of Clementon and the owners of any motor vehicles towed or stored
by the contractor for any injuries, damages or costs incurred as a
result of the conduct of said employees.
K.
All towing operators shall comply with all state and
federal laws and regulations concerning the hiring of employees, their
wages, hours and terms of employment.
L.
The Borough of Clementon is not liable for any of
the services performed by the contractor unless those services are
performed for municipal vehicles. The contractor shall proceed directly
against the individual owner of the motor vehicle for all fees and
charges incurred.
M.
No licensed towing operator shall pile or store vehicles
on public streets or sidewalks.
N.
Each towing operator shall maintain a record of all
vehicles towed, including the date towed, where the vehicle was stored,
when the vehicle was released and the fees charged, together with
any and all other services rendered. Said records shall be maintained
at the principal place of business of the towing operator as set forth
on the application and said records shall be maintained for a minimum
three years.
[Amended 2-26-2008 by Ord. No. 2008-03; 11-25-2008 by Ord. No.
2008-19; 2-21-2023 by Ord. No. 2023-04]
The following fees or charges are hereby established for the
towing and road services towing operators on the rotating Borough
list maintained by the Clementon Police Department under the direction
and supervision of the Chief of Police and for storage in conjunction
therewith:
A.
For all towing, road and storage services resulting from an accident,
theft recovery, illegally parked, disabled or abandoned or otherwise
requiring services, the fees shall not exceed the following:
(1)
Automobiles, motorcycles, mopeds, and all-terrain vehicles and like
vehicles:
(a)
Regular and flatbed, daytime (8:00 a.m. to 5:00 p.m., Monday
through Friday, 8:00 a.m. to 1:00 p.m., Saturday): $150.
(b)
Regular and flatbed, nighttime (after hours and Sunday): $175.
(c)
Cleanup: $50.
(d)
Oil dry (per bag): $15.
(e)
Collision wrap (per vehicle): $30.
(f)
Administration: $35.
(g)
Winching (plus $3 per foot of cable): $125.
(h)
Uprighting: $150.
B.
In all cases the towing operator shall remove the debris as part
of the towing services and a $50 fee shall be charged for the clearing
of debris by said towing operator.
C.
No charge shall be made to the Borough for towing or storage or any
other services provided to the Borough, its police vehicles or for
any vehicle used in the commission of a crime, provided the vehicle
is located within a ten-mile radius of the Borough of Clementon. The
tow operator shall not be responsible for damages resulting therefrom.
Applicable towing rates shall apply to Borough-owned vehicles requiring
a tow beyond the aforementioned ten-mile radius.
D.
The fees charged by a licensed towing operator to the Borough of
Clementon shall not exceed those fees established at N.J.S.A. 40:48-2.50.
E.
Storage charges per twenty-four-hour period shall start at 12:01
a.m. for a twenty-four-hour period or fraction thereof.
A license may be denied, suspended or revoked
upon any of the following grounds after an appropriate hearing in
accordance with the terms of this chapter:
A.
Submitting a fraudulent or misleading application.
B.
A criminal conviction of the towing operator or a
named principal of the towing operator.
C.
Failure to respond reliably and promptly to calls
for assistance or any other action which interferes with the proper
operation of the rotating system maintained by the police department.
D.
Violations of motor vehicle laws and/or municipal
ordinances.
E.
Failure or refusal to tow or remove a motor vehicle
when requested to do so by an appropriate municipal official.
G.
Violation of the provisions of this chapter or any
of its rules or regulations.
A.
Proceedings for the suspension or revocation of a
license shall be initiated by the service of a notice of charges filed
against the licensee. Said notice shall be served by the Chief of
Police or his designee, either personally or via certified mail, return
receipt requested, and shall contain a date, time and place for a
hearing to be held by the governing body of the Borough of Clementon.
Said hearing shall be scheduled no less than seven days, nor more
than 30 days, after the notice of the proposed suspension or revocation
shall be served upon the licensee. The licensee shall have the right
to file an answer to the notice and to appear in person, or be represented
by counsel, and give testimony at the place and time fixed for the
hearing.
B.
When an application for a license is denied by the
Borough of Clementon, the applicant may request a hearing on said
application by the service of a notice requesting a hearing. Said
notice shall be served on the Borough Clerk, and at the next regularly
scheduled meeting of the governing body a hearing date shall be set
which shall be no less than seven days, nor more than 30 days, from
the date scheduled.
[Added 2-26-2008 by Ord. No. 2008-03[1]]
Any person or entity having a complaint with regard to the fees
charged by a towing operator shall file a request for mediation in
writing with the Chief of Police of the Borough of Clementon. The
Chief of Police or his designee shall conduct a hearing to determine
whether or not there has been a violation of this chapter. The towing
operator and the individual or entity filing the complaint shall appear
and be heard at the hearing. The decision of the Chief of Police or
his designee shall be binding upon both parties.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or by imprisonment in the county jail for a term not exceeding 90 days, or both. These penalties shall be in addition to and separate from any action taken by the Borough of Clementon pursuant to § 266-10 hereof.
