Township of Maple Shade, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Maple Shade 2-4-1998 by Ord. No. 1998-2; amended in its entirety 5-11-2017 by Ord. No. 2017-06. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 114.
Vehicles and traffic — See Ch. 194.
It is the purpose of this chapter:
A. 
To establish criteria and procedures for the licensing of tow operators providing municipal towing services.
B. 
To establish, in the interest of public safety a uniform policy for the towing and storage of motor vehicles by tow operators on the official tow list (OTL) pursuant to requests of the Township Police Department.
C. 
To establish uniform fees for the towing and storage of vehicles.
As used in this chapter, the following terms shall have the meanings indicated:
AUTOMOBILE
A private passenger motor vehicle or any vehicle included in the definition of "automobile" under N.J.A.C. 11:3-2.2.
BASIC TOWING SERVICE
The removal and transportation of an automobile 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 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.
HEAVY-DUTY TOW
A tow which, based the weight of the vehicle being over 30,000 pounds gross vehicle weight, or the vehicle's size or special characteristics, requires the use of special equipment greater than that used by a basic towing service.
LICENSEE
A tow operator licensed hereunder.
MOTOR VEHICLE ACCIDENT
An occurrence in which a private passenger automobile comes in contact with any other object, including pedestrians, for which the private passenger automobile must be towed or removed from the scene thereof.
POLICE
The Maple Shade Township Police Department State Police, or Sheriff's Departments or such other law enforcement unit that may have jurisdiction upon the roadways within the Township.
STORAGE CHARGES FOR THE TWENTY-FOUR-HOUR PERIOD
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.
STORAGE FACILITY
An automobile storage facility, including an office staffed during the hours of 8:00 a.m. to 6:00 p.m. with on-call access 24 hours per day, that is secured by a fence, wall or other man-made barrier that is at least six feet high, with a locked entrance. The facility is to be lighted at night. The Police Department shall have twenty-four-hour access to the facility.
TOW OPERATOR
A person, corporation or other form of business entity engaged in the business of providing basic or heavy-duty tow service to the public and providing storage facilities for vehicles towed.
TOW OPERATOR'S BASE OF SERVICE
The towing operator's principal place of business where the tow trucks are stationed when not in use.
TOW TRUCK
Those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by their manufacturer for the removal or transport of motor vehicles and any other vehicle, including flatbed vehicles, employed for the purpose of removing and/or transporting motor vehicles which are unable to be operated under their own power.
TOWNSHIP MANAGER
The Township Manager of the Township of Maple Shade, or his or her designee.
WINCHING SERVICES
The act of a tow operator utilizing heavy-duty cables or chains to return a vehicle from a berm, ditch or other location off of the right-of-way so that the vehicle may be properly towed. The term shall not include the pulling of a vehicle onto a tilt bed carrier or lifting a motor vehicle with a conventional tow sling.
No person shall engage in the business of towing and storage of vehicles at the direction of the police without first obtaining a tow operator's license. Nothing herein shall require licensing for the rendering of road service or for the provision of towing and storage services within the Township other than at the request of the police.
A. 
Every applicant for a license shall complete, sign and verify a written application in the manner and on forms furnished by the Township Clerk, and if no forms are made available, the information shall be furnished on the tow operator's letterhead. The application shall include:
(1) 
The full name, business address, residential address and telephone numbers (cell phone, residence and business numbers) of the towing operator and principal owners thereof.
(2) 
A roster of tow vehicles by year, make and type of each tow vehicle and proof that each vehicle is duly registered and inspected by the State of New Jersey Division of Motor Vehicles as a tow vehicle. An applicant must have at least two tow vehicles available for use in the towing of vehicles as authorized by the police.
(3) 
The address where the tow vehicles shall be regularly garaged; the telephone number or numbers and the hours during which service is available at those numbers.
(4) 
A roster of employees (by name and address). That list shall be accompanied by a certified driver's abstract of each identified employee. Said abstract shall be issued by the New Jersey Division of Motor Vehicles within the 60 days prior to the submission of the application. Proof that all employees have current certification as Level 3 TRAA or Level 6/7 WreckMaster shall be included.
(5) 
The location, size, number of storage parking spaces and security features of the storage facility on which towed vehicles will be stored.
(6) 
The name and address of insurance carriers and the policy numbers of all required insurance policies. Specific insurance requirements are set forth below.
(7) 
Proof of registration with the New Jersey Division of Consumer Affairs.
(8) 
A copy of the business registration certificate issued by the State of New Jersey, affirmative action certification and stockholder's certification (if applicable).
(9) 
A current fee schedule recognizing the maximum fees permitted by this chapter.
(10) 
A certification 1) that on-call towing and storage services will be available 24 hours per day, every day of the year; 2) that the applicant is capable of performing basic and heavy-duty tows; and 3) that the applicant will comply with the fees and procedures contained in or referenced in this chapter.
(11) 
The application shall be accompanied by the following supporting documentation:
(a) 
Zoning certification (issued by the Municipal Zoning Officer/Construction Official of the municipality where the towing facility is located) and the fire subcode certification (issued by the Fire Official) that the property and structures comply with all approvals. Both certifications shall be issued within the 60 days prior to the application's submittal. Any applicant with outstanding zoning and/or construction code violations will be automatically denied an application if the same is not cured within 30 days' notice from the Township official. If the Zoning Officer or Fire Official has not responded to the request, the applicant may submit proof that the applicant has requested such approval in lieu of the actual approval.
(b) 
A deed of ownership or lease agreement for storage locations. All lease agreements shall cover, at minimum, the entire two-year term of the contract, plus one month.
(c) 
A site plan depicting the location of the storage area, the number of vehicles that can be stored inside and outside and the total square footage of the area.
(12) 
Such other information as the Township Manager or Chief of Police of the Township may reasonably prescribe.
B. 
All applications shall be accompanied by a nonrefundable application fee of $250.
A. 
The Township Clerk shall forward all complete applications to the Chief or his/her designee, who shall conduct an investigation to determine the following:
(1) 
The truth and accuracy of all information contained in the application.
(2) 
Whether the applicant and all individuals identified on the roster of employees are of good moral character and meet the general standards of this chapter, as hereinafter set forth. The applicant shall authorize a personal background check, commercial, credit and personal references and such other investigative checks as the Chief of Police or his/her designee may require.
(3) 
Whether the tow operator shall have a sufficient number of employees available to comply with the minimum operational requirements of this chapter. The number of employees on duty, on call and available to respond 24 hours a day, seven days a week shall not be less than three qualified individuals.
(4) 
Whether the applicant has the ability to respond to the scene in response to any request for assistance within 20 minutes after notification.
(5) 
Whether the equipment is in thoroughly safe and sound condition and complies with the standards of this chapter as well as any application provisions of New Jersey statutes and rules.
(6) 
Whether the tow operator can provide access to the storage facility to the police as needed on a twenty-four-hour-a-day basis.
(7) 
Whether the entire land area of the storage facility is enclosed by a fence or sturdy construction of at least six feet in height and is secured by lighting.
(8) 
Whether the applicant is in compliance with and/or has the ability to comply with all other requirements set forth herein and as otherwise required by New Jersey statutes and regulations.
(9) 
If a previous licensee, whether the applicant has met the performance standards of this chapter, as hereinafter set forth.
B. 
Every tow operator shall be responsible for all costs and fees associated to perform criminal and driver's license background checks for each of their employees.
C. 
A driver shall be automatically disqualified where the individual has been convicted of a crime of the fourth degree or higher within the past five years, unless waived by the Chief of Police for good cause. Any driver convicted of a disorderly persons offense shall be authorized, at the discretion of the Chief of Police, taking into account the nature of the crime, the date of the event and efforts taken by the individual to make societal amends.
D. 
In addition to the minimum standards of performance referred to above, all applicants are subject to disqualification if found deficient in any one of the following areas:
(1) 
Provision of false or inaccurate information within the application.
(2) 
Lack of experience and/or does not have good references from prior customers.
(3) 
Failure to maintain facilities, information, or status to qualify as a tow operator.
(4) 
Provision of inadequate or insufficient services.
A. 
Upon completion of an investigation, the Chief of Police or his/her designee shall report his/her recommendation to the Township Clerk and notify the applicant in writing.
B. 
The Township Clerk shall issue a license to any applicant recommended for approval by the Chief of Police. The Township Council shall therein adopt a resolution authorizing the execution of a contract for services with each licensee.
C. 
The applicant not so approved may appeal to the Township Manager. Any such appeal shall be filed within 10 days after receipt of the written notice from the Chief of Police. The Manager shall undertake a review of the reasons for rejection by the Chief of Police or his/her designee and shall make an independent determination based upon the standards and criteria of this chapter and the investigative file developed by the police.
A. 
Licenses issued under this chapter shall be effective for a period of two years. All licenses shall expire automatically on May 31. All vendors shall reapply one month prior to the expiration of the current license using a renewal application and paying the applicable registration fee.
B. 
Licensees shall have the continuing obligation to keep the above application requirements up-to-date throughout the entire term of the contract, including notifying the Police Department of new hires and providing a certified driver's abstract and submitting to a criminal background check prior to the employee engaging in tow services for Maple Shade Township. All changes in information must be reported within 15 days of the change. Failure to do so shall be basis for revocation of license.
C. 
No more than one license shall be granted to any applicant. No licensee shall have any interest, direct or indirect, in any other license.
D. 
Once issued, a license is not transferable.
A. 
Complaints of any kind, relative to service, overcharging, theft of parts or vehicle contents, damage to towed or stored vehicles, discourteous treatment and the like shall be referred to the Chief of Police for investigation and recommendation to the Township Council, if necessary. The Chief of Police shall notify the tow operator, in writing, of a pending investigation.
B. 
The Chief shall allot a reasonable time to correct an issue confirmed by the investigation and notify the subject of his/her findings and time to correct such issues. If the violation is not corrected within the time allotted, the Township Manager may suspend or revoke the contract and immediately remove the tow operator from the rotation list or lists. Removal from the tow list shall occur only for the most egregious violations, including, but not limited to, safety violations.
C. 
Adequate grounds for a revocation of the contract shall include, but are not limited to, a violation of the terms of this chapter, fraudulent or inaccurate application information, unsatisfactory service or the violation of the New Jersey Department of Insurance Rules and Regulations or any statute or regulation of this chapter.
D. 
The tow operator has the right to appeal to the Township Council within 10 days of the receipt of the Township Manager's written decision and shall receive a hearing within 30 days of the receipt of the notice.
E. 
Upon conclusion of the hearing, the Township Council shall determine whether to affirm, reverse or modify the Township Manager's decision. If the tow operator's license is revoked, the tow operator shall not be eligible to reapply for two additional years from the date of revocation at the next contract term.
A. 
Every licensee shall maintain the following insurance coverages:
(1) 
Comprehensive automobile liability in an amount not less than $1,000,000 combined single limits.
(2) 
Workers' compensation as required by New Jersey law.
(3) 
Comprehensive general liability in an amount not less than $1,000,000 for each person and $3,000,000 for each accident.
(4) 
Garage keepers' liability insurance in an amount not less than $120,000.
(5) 
Garage liability insurance in an amount not less than $1,000,000 combined single limits.
(6) 
Endorsements to provide for collision coverage for vehicles while in possession of the tow operator.
B. 
Each policy required herein shall contain an endorsement providing for 30 days' notice to the Township in the event of any change or cancellation and shall be with insurance companies acceptable to the Township and operating on an admitted basis in the State of New Jersey. Each policy required herein shall name the Township as an additional insured.
C. 
Certificate of insurance. Certificates of insurance, showing that both the tow operator and the Township of Maple Shade are named as additional insured, in conformance with the above, shall be furnished to the Chief of Police, subject to approval of the Township Solicitor and Risk Consultant, and filed with the Township Clerk.
D. 
Licensees shall hold harmless and indemnify the Township, its officers, employees and agents, from any and all liability claims, losses or damage arising or alleged to arise from the performance of the towing services requested and/or rendered by the licensee.
A. 
For ease of operation within the Police Department as well as in operation of the tow list by Central Communications, the Township limits the rotation to two licensed companies. If the rotational list is not full, the Township will entertain towing applications at any time; however, said applications will continue to expire at the end of the two-year term (end of May), and the application fee shall not be prorated. If the rotational list is full, the Township will maintain a waiting list and advise those companies on the waiting list when vacancies arise.
B. 
Each such licensed towing operator shall be put on a rotational list compiled by the Chief of Police of the Township and shall be called to respond to the needs of the police on a rotating basis. Calls to tow operators on the OTL shall be made on a nonexclusionary and nondiscriminatory rotating basis, pursuant to procedures deemed by the Chief of Police to be both equitable to the tow operators and responsive to the public safety needs of the community.
C. 
Approved tow operators shall operate on a per-call rotational list. The Township does not guarantee a minimum or maximum number of tow calls during a contract period. If a tow operator is called for a tow and does not acknowledge the call within five minutes and respond to the scene within 20 minutes, the tow operator shall be skipped with no compensation and the next tow operator on the list shall be summoned.
(1) 
Tow operators are called on a rotational list by Burlington County Central Communications ("Central"). The Township recognizes that a tow company may be tied up on other calls when needed by Maple Shade. If a tow operator cannot meet the requirements of this chapter and respond to the scene within 20 minutes, it has an obligation to immediately inform Central. The tow company is not permitted to assign the work to another tow company. If the company cannot handle the call, Central will immediately notify the next tow company on the rotational list and the originally called tow company will be skipped in the rotation. The importance of this process cannot be overstated.
D. 
Only those tow companies that can perform both basic tow services and heavy-duty tow services shall be considered for the rotational list.
E. 
On a rare occasion, the Township shall require that an automobile be towed to a secured location other than the tow operator's storage facility. In such cases, the tow operator shall tow the vehicle free of charge to the Township and shall not lose its place on the rotation list (i.e., the same tow company will be called for the next paid tow).
F. 
Fatalities and serious bodily injury accidents. The Township reserves the right to contact the tow company of its choice to respond to a fatality or serious bodily injury accident. In making this decision, the officer on the scene will consider the extent of the detail and care necessary to preserve evidence and the storage location for follow-up investigation by all law enforcement agencies and/or the National Transportation Safety Board. The rotational list will return to its normal order after such a rare call.
A. 
Responsibilities. The licensee shall:
(1) 
Provide tow services on a twenty-four-hour, seven-day-a-week basis, including holidays.
(2) 
Respond to all calls for service from the police within 20 minutes after notification by the police.
(3) 
Have a minimum of: one light-duty wrecker, two flatbeds, one-heavy-duty wrecker with a thirty-ton boom and one sixty-ton rotator.
(4) 
Maintain its towing operator's base of service and storage facility for Maple Shade tows in a location that is accessible to all areas of Maple Shade Township within 20 minutes under normal driving conditions.
(5) 
Maintain a storage facility which shall include adequate storage space for at least 20 vehicles, 10 of which spaces shall be dedicated exclusively to the storage of vehicles that were removed under the provisions of this chapter. For the heavy-duty tows, the licensee must also identify a separate area not less than 15 feet by 30 feet for the storage of a heavy-duty vehicle. The storage facility shall be open a minimum of eight hours per day (8:00 a.m. to 6:00 p.m.), Monday through Friday, except legal holidays, for reclaiming automobiles. All such storage facilities must be maintained in compliance with local, state and federal laws and regulations, and vehicles must be stored in compliance with all applicable ordinances and only on premises approved by the Township unless otherwise authorized by the owner of the vehicle and permitted by law. The Police Department shall have twenty-four-hour access to the storage facility for investigative purposes.
(6) 
Maintain all insurance coverages in accordance with the standards set forth above.
(7) 
Pass the background checks identified herein.
(8) 
Comply with the state affirmative action statutes and rules and with the Americans with Disabilities Act.
(9) 
Train its tow truck operators in the use of all required equipment and the performance standards of this chapter.
(10) 
Require its tow truck operators to have a personal driver's license with no restrictions or conditional endorsements, except if prescription glasses are required; and to have a commercial driver's license, if required by law; and to present a neat appearance at all times.
(11) 
Have at least one year of continuous experience in emergency towing, recovery and storage of motor vehicles for law enforcement agencies. Such experience shall be verifiable and proven to the satisfaction of the police at the time of application for license. This provision shall not prevent the issuance of a license but shall be a factor weighed in considering the issuance of a license to a new tow operator business.
(12) 
Maintain written records for at least six years from the date of the service of all tows performed and all signed acknowledgments of receipt of vehicles by owners or authorized agents.
(13) 
The tow operator shall submit monthly reports, on or before the 10th of the month, to the Maple Shade Township Police Department of all vehicles towed the previous month, as well as vehicles which are unclaimed from previous months. The report shall identify each vehicle by make, model, year, license plate, VIN/serial number and police incident/case number. In addition, the odometer reading is needed on all vehicles left on the lot over 30 days. The Motor Vehicle Commission requires this information when requesting a title for auction. The contractor further agrees to furnish the Township with such records, reports and information of services rendered as the Township may reasonably request. The Township reserves the right to amend the minimum list of reporting requirements from time to time.
B. 
Failure to adhere to these requirements will result in the tow operator being suspended from the tow list pursuant to the procedures in this chapter until the compliance issue is resolved.
C. 
Minimum equipment requirements.
(1) 
All tow vehicles must be in compliance with safety standards and equipment required by state statute and as required by any rules or regulations promulgated by the Chief of Police. The tow operator must have sufficient equipment to tow any size vehicle utilizing the roads of Maple Shade Township. Applicants who do not maintain such equipment shall demonstrate why the equipment is not necessary.
(2) 
In addition, every tow truck shall be equipped with safety tools to remove disabled or locked vehicles.
(3) 
All tow trucks shall be properly lettered on both sides, as required by law. The name on the truck shall match the applicant's name so that the police officer can confirm that the vendor dispatched is the same as the vendor that takes the tow.
D. 
Performance standards. A licensee shall:
(1) 
When on call, provide towing on a twenty-four-hour, seven-day-a-week basis, including holidays.
(2) 
Dispatch a tow truck or trucks, as circumstances warrant, when requested by the police to respond in such a manner that the tow truck arrives at the scene within 20 minutes under normal and reasonable circumstances.
(3) 
Maintain and operate all tow trucks in accordance with all existing traffic regulations and in a safe and prudent manner.
(4) 
Not stop at any accident scene unless directed by the police, except to notify the police of an unattended accident and advise accident victims that the police have contacted the licensee on rotation; and not solicit or attempt to divert patrons of another towing operator, whether or not licensed under this section, or solicit prospective patrons of a given repair service to any other repair service.
(5) 
Not respond to the scene of an accident except upon notification by the police through the per-call rotation list.
(6) 
Not tow vehicles without proper authorization from the police at the scene or the owner or driver at the scene. Upon such authorization and if not accompanied by the owner or driver of the towed vehicle, the licensee shall disclose, in writing, the location of the storage facility.
(7) 
Not release any vehicle impounded or confiscated without proper authorization from the police.
(8) 
Notify the police monthly of unclaimed vehicles.
(9) 
Be responsible for all vehicles and their contents after towing. If the vehicle is unattended, the licensee shall make an inventory of any apparent valuable contents at the accident scene and maintain said inventory at least until the disposition of the vehicle.
(10) 
Cooperate with other towing operators in the case of emergency services at the scene of accidents and/or disasters.
(11) 
Comply with police instructions at the scene, even if it means countermanding towing requests by the owners or drivers of disabled vehicles.
(12) 
Prior to departure from the accident scene, clean and clear streets of any debris resulting from any accident, and toward that end carry the necessary equipment to perform such cleaning services.
(13) 
Report any dispute between towing operators and/or persons at the scene to the police, and report to the police any observed disabled vehicles, accidents or any other activities that may require police attention.
(14) 
Not use flashing lights or sirens except as permitted by the police pursuant to law.
(15) 
Not tow a vehicle for illegal parking until a summons has been issued.
(16) 
Accept at least cash money orders and at least one major credit card for towing and/or storage services.
(17) 
Immediately notify the police in the event that the licensee is not operational due to mechanical failure, personnel deficiency or other incapacitating cause.
(18) 
Post hours of operation on storage facilities so that the public may be informed as to when the facilities are open for recovery of motor vehicles.
(19) 
Maintain the public portions of storage facilities as clean and safe environments for public invitees.
(20) 
Not park or store an impounded vehicle on any public street or sidewalk or any unsecured area. All vehicles stored shall be stored in the storage facility as defined herein.
(21) 
Not employ any Township employee or allow any Township employee to have a financial interest in the towing operator's business.
(22) 
Clear accident areas of debris upon arrival on the scene.
(23) 
Display fees on cards, conspicuously indicating the maximum rates for towing and storage charges, in each tow truck, and present a card to the driver of the disabled vehicle to be towed. Such a fee card shall also be conspicuously posted at every storage facility and location where the vehicle is to be retrieved.
A. 
Generally.
(1) 
At the time of tow, each tow operator licensed shall be responsible for providing a three-inch-by-five-inch preprinted card identifying the towing company's name, address, storage location, hours of operation for pickup, phone number and rates for towing and storage according to the terms of this chapter. Said card shall be presented and explained to the owner or occupant of the vehicle on scene, or in the alternative, when the owner or occupant is absent or not physically or mentally capable of receiving said card, provided to the officer requesting tow for inclusion in the police report.
(2) 
Towing and storing charges and fees shall be in accordance with N.J.S.A. 40:48-2.50 as well as the provisions of this chapter. Except as otherwise provided herein, the charge and fee for towing and storage of vehicles within the Township of Maple Shade shall be in accordance with the provisions of the rules and regulations of the New Jersey Division of Consumer Affairs in the Department of Law and Public Safety. The Township shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles. The charges and fees and rates applicable to services performed pursuant to this chapter shall be posted in a conspicuous place visible to the public at the tow operator's storage area and shall be posted on each and every vehicle. The tow operator shall prepare a bill for charges pertaining to each vehicle and present the same to the claimant of a vehicle. The bill shall be itemized in detail as to the actual services rendered and shall contain a statement that the claimant may complain with respect thereto to the Township. The Township will not be responsible for charges due and owing from a claimant of a vehicle. The Township shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles. Vehicles impounded as a result of police investigations involving stolen vehicles or fatal/serious/suspicious accidents will not result in storage charges to the Township; however, the Township reserves the right to store such vehicles at a location of its choosing. Said location will include inside storage, lockdown measures, full access accountability and twenty-four-hour, seven-day-a-week access by the Police Department.
(3) 
In the event the Township conducts an auction of unclaimed abandoned vehicles pursuant to Title 39, the tow operator's bill for towing and storage shall be an expense of possession and sale and shall be paid from the proceeds of such auction. Each vehicle auctioned shall be a separate item for purposes of this subsection. The title fee for which the Township must pay the State of New Jersey for title certificates shall be paid by the purchaser at the auction, even if the tow operator is the purchaser, and shall be in addition to the bid price of each vehicle. In the event the Township determines to utilize the provisions of Title 39 with respect to unclaimed vehicles, the tow operator shall receive no compensation for its services but shall not lose its place on the rotational list.
(4) 
The fee for towing a vehicle shall include the service rendered from the scene where the vehicle is located to the storage area and from the storage area to the curbline of the property on which is located the storage area. The charge for towing includes any incidental and related costs such as connecting and reconnecting a transmission, drive line or axle. There shall be no additional charges for any other services, including but not limited to waiting time, cleanup costs and additional labor when the towing services as defined herein are provided, except as otherwise provided herein. The tow operator may charge a fee for a vehicle lockout service, i.e., when a tow operator responds and opens a locked vehicle when the owner/operator has locked the keys in the vehicle or is otherwise unable to open the vehicle.
B. 
Charges and fees. The charges, fees and rates for vehicles to be towed and stored shall be as follows. There will be no mileage charge for vehicles towed.
(1) 
Towing service charges, flat fee: $85.
(2) 
Winching service charges: $85 per each 1/2 hour of winching.
(3) 
Storage: $35 per twenty-four-hour period.
(4) 
General administrative charge: $45.
C. 
Specialized equipment. In cases where the tow operator must hire laborers or rent or utilize specialized equipment not specified in this chapter, all reasonable charges therefor shall be paid by the owner of the vehicle, after the owner of the vehicle or his/her agent has given his/her prior written consent thereto. The consent requirement may be waived when the Chief of Police deems the vehicle to be a hazard to health or safety, whereupon said vehicle will be removed by the direction of the Director of Public Safety, with the owner then being responsible for all personnel, equipment and labor costs. The necessity for specialized equipment shall be determined by the Chief of Police.
D. 
Unloading of goods. In the event that it is necessary to unload a vehicle which has been used for transportation of goods prior to or after towing, an agreement shall be reached between the tow operator and the owner of the vehicle or the owner's agent or representative as to the charge for said service. No written agreement is necessary in an emergency, and the Chief of Police shall determine when an emergency exists.
E. 
The Township shall not be liable for the cost of any services performed by the tower unless those services are performed for or on a municipal vehicle. Payment for towing services to nonmunicipal vehicles shall be a matter solely between the tow operator and the motor vehicle owner or operator, except vehicles impounded in conjunction with a criminal investigation.
F. 
All towers on the OTL must perform emergency road service when so requested by the Maple Shade Township Police Department. The fees charged for service shall be in accordance with this chapter.
This chapter shall not prevent the occasional operation at the scene of an accident, upon the request of an owner or driver of a vehicle, of a tow truck which is owned by a person not a licensee hereunder. If a tow operator is called to a scene and subsequently recalled because of this situation, the tow operator will return to the rotational list for the next police-dispatched tow call. Neither the vehicle owner nor the Township shall be charged for such an event.
Upon the adoption of this chapter, the Township Clerk shall give 30 days' public notice by newspaper publication of the necessity of making application for a license to engage in the business of basic towing service as a licensee of the Township. In addition, the Chief of Police shall give notice to all towing operators known to have engaged in basic towing service in the Township for the year last passed. In the year of adoption of this chapter, the Township Clerk shall identify the date applications are due and the expected date of award. The initial contracts shall expire on May 31, 2019, regardless of the date of implementation of this chapter.
The Chief of Police 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 the cause of suspension or revocation of a tow operator's license. The Township Committee may amend fees from time to time by adoption of a resolution.
The Chief of Police is hereby designated to enforce the provisions of this chapter and any applicable rules and regulations.
In addition to the suspension and revocation provisions established herein, any person, firm or corporation violating the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $1,000 or to imprisonment for not more than 90 days or a period of community service not to exceed 90 days, or any combination thereof, and each day any such violation shall continue shall be deemed to be a separate and distinct offense.