[HISTORY: Adopted by the Township Committee
of the Township of Andover 11-13-2002 by Ord. No. 2002-27. Amendments
noted where applicable.]
The purpose of this chapter is to establish,
pursuant to N.J.S.A. 40A:11-5(1)(u) a list of towing contractors to
provide towing services for the Township of Andover on a rotating
basis and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations
governing operators engaged in the removal of motor vehicles.
The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicates otherwise:
Any automobile which is parked without the current year's
registration or license plates, as required by law, for a period of
more than 48 hours or is positioned so as to constitute an obstruction
of traffic.
A private passenger automobile of a private passenger or
station wagon type that is owned or leased 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, not customarily used in the occupation,
profession or business of the owner(s).
The location where the towing contractor stations its tow
vehicle(s) when not in use.
The removal and transportation of an automobile at the request or call of authorized personnel or members of the Police Department as may be required when abandoned as defined in this chapter or Chapter 175, Vehicles, Abandoned, of the Township Code, disabled, damaged in accidents, illegally parked, recovered after being stolen or in cases of emergency, 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.
The Chief of the Police Department of the Township or his/her
designee.
An occurrence in which an automobile as defined herein comes
in contact with any other object from which the automobile must be
towed or removed for placement in a storage facility. This includes
all situations which are accidental to one person even if caused by
the intentional acts of another.
All towing services which are not basic towing services or
are not performed on automobiles as defined herein.
The maximum allowable amount of storage charges to be charged
per twenty-four-hour period or a fraction thereof. Each new twenty-four-hour
period begins at 12:01 a.m.
Only those vehicles equipped with a boom or booms, winches,
slings, tiltbeds, wheel lifts, or under reach equipment specifically
designed by its manufacturer for the removal or transport of automobiles
as defined herein.
A licensed individual or entity placed upon the rotary list
that performs towing services for the Township.
A.
This chapter hereby establishes a list of towing contractors
to provide basic and nonbasic towing services for the Township of
Andover on a rotating basis. The Police Department will maintain the
rotary list and determine the time period for each rotation. The list
of towing contractors shall be determined by and under the direct
supervision of the Chief of Police.
B.
A towing contractor shall be placed on the rotary
list in the order in which its application was approved. Each new
towing contractor shall initially be placed last on the list. No towing
contractor may be listed more than once, and no contractor shall be
permitted to lease its tow vehicles to another tow contractor in order
to receive multiple listings.
C.
Towing services must be provided on a twenty-four-hour,
seven-day per week basis. It is required that a tow vehicle be on
the site of the event within 20 minutes of the time of the call from
the Police Department. If a towing contractor is called and for any
reason does not or cannot perform the requested service, the next
towing contractor on the list will be called to perform the towing
service.
D.
If no towing contractor on the rotating list is able
to perform the towing services when necessary, the Township is entitled
to have said service performed by a towing contractor not named on
the rotating list.
E.
During adverse weather conditions or other emergency
conditions, all towing contractors on the rotating list shall give
priority to requests for towing services made by the Township over
requests made by third parties.
A.
An individual or entity seeking to be placed on the
rotary list shall be required to submit an application and receive
the approval of the Police Department before issuance of a towing
contractor's license.
B.
All applicants are required to complete a form furnished
by the Township Clerk, providing any and all information prescribed
by the Chief of Police.
C.
Each towing contractor must be able to demonstrate
to the Township that he is thoroughly qualified and experienced in
the towing and removal of vehicles of all types, and that he has adequate
facilities, equipment, expertise, licensing and personnel to perform
the services required by these specifications in a manner satisfactory
to the Andover Township Police Department.
D.
The Andover Township Police Department will conduct
a background check of the towing contractor, its officers, and employees,
prior to making a determination of placement on the towing list. A
high number of traffic violations and/or motor vehicle accidents in
the past 10 years may make a driver ineligible, subject to the discretion
of the Chief of Police, which must be exercised reasonably. A conviction
for a felony will be considered ample reason to disqualify any contractor
unless waived by the Township upon application and for good cause.
E.
A license may be denied, suspended, or revoked upon
any of the following grounds:
(1)
Submitting a fraudulent or misleading application.
(2)
A criminal conviction of the towing contractor or
a named principal of the towing contractor.
(3)
Failure to respond reliably and promptly to calls
for assistance or any other unsatisfactory performance action which
interferes with the proper operation of the rotating system maintained
by the Police Department.
(4)
Failure to utilize safe and adequate equipment as
defined herein.
(5)
Violations of motor vehicle laws and/or municipal
ordinances.
(6)
Failure or refusal to tow or remove a motor vehicle
when requested to do so by an appropriate municipal official.
(7)
Violations of Chapter 190, Zoning, or any other applicable ordinances or codes of the Township of Andover pertaining to the use or condition of the premises used by the licensee in conducting the towing business.
(8)
Violations of the provisions of this chapter or any
of its rules, regulations, and policies promulgated pursuant hereto.
F.
Licenses shall be renewed annually from January 1
to December 31 of the succeeding year.
A.
When application for a license is denied by the Township
of Andover, 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 Township 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 or more than 30 days from the date that
the governing body met.
B.
Proceedings for the suspension or revocation of a
license shall be initiated by the service of a notice of charges proffered
against the licensee. Said notice shall be served by the Chief of
Police or his/her 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 Township of
Andover. Said hearing shall be scheduled no less than seven days nor
more than 30 days after the notice of the proposed suspension or renovation
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.
The Police Department in general and the Chief
of Police in particular shall enforce the provisions of this chapter
as well as rules and regulations adopted hereunder.
A.
The rates applicable to towing services performed
hereunder shall be posted in a conspicuous place, visible to the public
at the contractor's place of business.
B.
The contractor shall, at his expense, prepare a printed bill for distribution to the customer, reflecting the fee to be paid in accordance with the rates stated on the printed card, unless otherwise approved by the Police Department. The bill shall also include the information set forth in Subsection B, as well as a statement to the effect that all complaints shall be referred to the Police Department.
C.
Pursuant to N.J.S.A. 40:48-2.54, the owner of any
automobile whose automobile is towed and/or stored other than at the
owner's request may send complaints and/or report disputed fees in
writing to the Chief of Police. The Chief of Police shall arrange
for investigation of the owner's allegations and report the outcome
of the investigation to the owner within 30 days of the Township's
receipt of the written complaint.
D.
The contractor shall accept from any owner, or his
representative, methods of payment in the form of cash, certified
check, money order and at least one major credit card. The contractor
is not obligated to accept personal checks for payment.
A.
The towing contractor shall employ a sufficient number
of employees to comply with the minimum operational requirements.
B.
No person shall be employed by the contractor for
towing hereunder unless he has submitted to a background check and
has been approved by the Police Department. Costs of any such background
check shall be borne by the applicant.
C.
All drivers of the contractor shall be over the age
of 18 years and must have a valid, current; New Jersey state driver's
license and shall be in good health and of good moral character.
D.
In order to keep information current, the contractor
is required to submit a roster of drivers to the Police Department
on a monthly basis. No driver shall perform services hereunder unless
previously listed by the contractor and approved by the Police Department.
E.
Complaints of any kind, relative to service, overcharging,
theft of parts, damage to towed vehicles, discourteous treatment,
and the like, shall be referred to the Police Department for investigation.
F.
All employees of the contractor shall wear uniform
clothing with a name patch indicating the employee's first name and
the name of the contractor's company.
G.
The contractor agrees that the owners or officers
of the contractor shall be responsible, except as otherwise provided
by law, for the negligent acts of their employees while acting hereunder.
No person owning or operating a tow vehicle
shall:
A.
Stand at any public street, intersection, or any public
property, waiting for employment, without first obtaining the consent
of a police officer, or stand on any private property without first
obtaining the consent of the owner of the property.
B.
Seek employment by repeatedly and persistently driving
his tow vehicle in a short space in front of any disabled vehicle
or by otherwise interfering with the proper and orderly progress of
traffic along the public highways. The contractor shall wait until
he receives official notification from the Police Department of the
Township before commencing operations.
C.
Permit or invite loitering in or near the tow vehicle.
D.
Solicit or attempt to divert prospective patrons of
another tow vehicle.
E.
Solicit, demand, or receive from any person any pay,
commission or emolument whatsoever, except the proper fee for transporting
the disabled vehicle in accordance with the schedule of service rates
listed in those specifications.
F.
Pay any gratuity, tip, or emolument to any third person
not involved in the accident or to any police officer, for information
as to the location of the accident, or for soliciting the employment
of licensee's services, nor give any gratuities, fees or other compensation
or gifts to any member of the Police Department or Township employee.
G.
Act in an unprofessional manner or be discourteous
or disrespectful to members of the public as well as representatives
of the Township of Andover. While members of the public, especially
those whose automobiles may have been towed or impounded, may at times
resort to strong language, threats and unbecoming behavior toward
the contractor, the contractor is expected to exercise restraint and
not to respond in kind, and thereby reflect unfavorably on the Township
and/or the Police Department.
A.
The contractor must provide with his application a
detailed listing of the equipment to be utilized while on the towing
list. The listing shall include the following information: type of
vehicle, storage location of vehicles and whether vehicle is owned
or leased. All leased and rented equipment must be permanently located
at the contractor's base of service at all times during the term of
the contract. Each piece of equipment must meet the minimum standards
set forth herein. Equipment that cannot meet these minimum standards
shall not be used for the towing list. The contractor is solely responsible
for the safety, maintenance, and operation, of each piece of equipment
utilized while on the towing list.
B.
The Police Department shall keep a register of the
names of all those owning or operating wreckers accepted on the towing
list, together with the license number, the description of such wreckers
and the date and complete record of inspections made of them by the
Police Department. This register shall be maintained by the contractor.
All operators being used on the tow list shall meet all the licensing
requirements of the Township.
C.
Car carriers and light-duty wreckers.
(1)
Car carrier. A car carrier shall have commercially
manufactured chassis certified by the manufacturer. The vehicle shall
be equipped with a hydraulically-powered winch. The tilt bed or slide
back shall be hydraulically operated. The vehicle shall also be equipped
with tie-down chains, proper safety lights or amber rotation emergency
flashing lights.
(2)
Light-duty wrecker. A light-duty wrecker shall have
a commercially manufactured chassis certified by the manufacturer
for light-duty towing. Each shall be equipped with a commercially
manufactured lifting apparatus with dual rear wheels, safety chains,
proper safety lights, and rear floodlights, amber rotation emergency
flashing lights or amber strobe lights which provide visibility for
360º.
D.
The towing contractor shall supply manufacturer's
certification of the lifting capacities of the devices of type of
vehicle with application submission. A certified testing laboratory
test result is also acceptable for rating lift capacity.
E.
Tow vehicles shall be equipped with two-way radio
for communications with contractor's office facilities. These communications
shall be available 24 hours a day.
F.
Tow vehicles shall be equipped at all times with safety
vests for operators, first aid kits, hand tools, lockout kits, flashlight,
broom, shovel, speedy-dry, work gloves and receipts for services rendered.
No additional charge for use of this equipment is permitted.
G.
Tow vehicles shall be kept in a clean and neat appearance
so as to be reasonably accommodating to persons who may come in contact
with such vehicles.
H.
Tow vehicles shall have the name, address, and telephone
number of the contractor painted on or permanently attached to both
sides of the tow vehicle in compliance with Motor Vehicle and Traffic
Laws of New Jersey (Title 39 of the Revised Statutes).
I.
All tow vehicles shall be properly permitted by the
State of New Jersey for the use of flashing amber emergency lights.
Permits shall be in compliance with Motor Vehicle and Traffic Laws
as referenced above.
Each official tow contractor shall maintain
an outside secured storage facility meeting the following requirements:
A.
The storage facility must be capable of storing a
minimum of 10 automobiles and one tractor and trailer. There must
be at least 800 square feet available to hold vehicles impounded by
the Police Department.
B.
The storage facility must be within the limits of
the Township or within a contiguous township so as to facilitate reasonable
towing distances.
C.
The storage facility must be fully enclosed by a sturdy
fence having a minimum height of six feet with at least one lockable
gate for ingress and egress.
D.
The storage facility must be lighted from dusk until
dawn.
E.
The storage facility must be in area legally zoned
for such use.
F.
The storage facility must be available to receive
vehicles 24 hours per day, 365 days per year. It must be open to the
public to recover vehicles stored there on weekdays during normal
business hours and for four hours on Saturdays. The applicant must
specify the hours during which the facility will be open on Saturdays.
The tow contractor is not required to be open to the public on Sundays.
G.
The tow contractor must have an employee on duty at
all times during which the storage facility is open to the public.
H.
The tow contractor may not charge a release fee in
connection with the release of vehicles to their owners after normal
business hours or on weekends.
I.
Each application must be accompanied by proof of ownership
or lease of the storage area.
J.
The tow contractor is responsible for ensuring the
proper and safe storage of all vehicles towed pursuant to this chapter.
The tow contractor is liable for any damage to such vehicles while
in transit or while stored at the storage facility.
A.
The contractor shall record all vehicles towed in
a book kept for such purposes. The details of each disabled vehicle
towed, serviced or transported together with full information of the
towed vehicle and name and address of the owner and the charges paid
for his services. Full information of the towed vehicle shall include,
but not be limited to, the vehicle's license number, VIN registration
number, make, model, color and year. The record book herein described
shall be kept open for inspection at all times by a duly authorized
representative of the Township. A monthly towing record containing
the information herein stated above shall be filed with the Andover
Township Police Department and office of the Township Clerk setting
forth the details of all tows by vehicle type, date, time of day,
sector, and whether additional services were required. Each incident
shall be reported using the invoice number used for billing. The form
of these reports shall be approved by the Chief of Police.
B.
The contractor shall maintain a record of all personal
property in a towed vehicle that he can observe in sight at the time
the vehicle comes into possession.
C.
Authorized representatives of the Township shall have
access to any of the records required to be kept by the contractor.
A.
The Chief of Police is hereby authorized and empowered
to establish from time to time written policies and procedures as
may be reasonable and necessary to obtain compliance with the terms
of this chapter and the laws of the laws of the State of New Jersey.
All written policies promulgated by the Chief of Police shall be approved
by resolution of the Township Committee.
B.
All regulations, policies and procedures as well as
the tower's rate cards shall be made available for inspection by the
public at the Township Clerk's office during normal business hours.
A.
Any disputes over the interpretation of this chapter,
including the reasonableness of any charges assessed, shall be settled
amicably, if possible, through negotiations between the contractor,
the Police Department and the Township Administrator.
B.
In cases where the Township has mistakenly directed
that a vehicle be towed or has acted on incorrect information supplied
by official sources, the contractor will be reimbursed by the Township
only for the minimum applicable towing fee as stipulated herein.
A.
Tow contractors may not lease or rent equipment without
the approval of the Township. The equipment must comply with the minimum
requirements of these specifications, and the contract to lease or
rent equipment must be at least for the duration of service with the
Township. All leased or rented equipment must be permanently located
at the contractor's base of service at all times while the contractor
is on the tow list. Copies of all leases must be filed with the Township
Clerk.
B.
The tow contractor may not subcontract his equipment
or positions of the work to other tow contractors.
[Amended 3-23-2009 by Ord. No. 2009-09]
The following fees are established as being the usual, customary,
and reasonable rates which shall be charged for towing and storage
of automobiles defined as basic towing service:
A.
Class 1 and Class 2 vehicles.
(2)
Impound tows (written Police Department release required).
(a)
Days (between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday): $125 per hour and $4 per mile (portal to portal).
(b)
Nights (between the hours of 5:01 p.m. and 7:59 a.m., Monday
through Friday; weekends; or on New Jersey state holidays: $150 per
hour and $4 per mile (portal to portal).
(4)
Accident tows.
(a)
Days (between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday): $125 per hour and $4 per mile (portal to portal).
(b)
Nights (between the hours of 5:01 p.m. and 7:59 a.m., Monday
through Friday; weekends; or on New Jersey state holidays: $150 per
hour and $4 per mile (portal to portal).
(5)
Winching/cleanup/recovery: $150 per hour.
(6)
Storage: $47.50 per day.
(a)
There shall be a twelve-hour mandatory DWI hold for which the
daily storage fee shall be waived unless the vehicle is not picked
up after the waiting period.
(b)
For disabled vehicles, the storage fee shall be waived when
the vehicle is serviced or repaired by duty vendor.
(c)
The storage fee shall also be waived if the vehicle is picked
up the same day it comes in.
B.
Class 3 to Class 8 vehicles.
(2)
Disabled or impound tows (written Police Department release required).
(6)
Accident recovery rates for Class 3 through Class 8 vehicles, minimum
weights apply.
|
15,000 lbs.: RV/Motor homes
| |
|
30,000 lbs.: Bus/straight trucks
| |
|
60,000 lbs.: Tractor/trailers
|
(a)
Normal recovery on or near roadway: 1% of declared value of
recovered cargo plus:
[1]
Contained recovery/winching: $0.42 per pound.
[2]
Salvage and debris recovery: $0.54 per pound.
[3]
Inclement weather: $0.18 per pound.
[4]
Nights/holidays/weekends: $0.18 per pound.
[5]
Travel to location: $0.30 per pound.
[6]
Wheels higher than roof: $0.12 per pound.
[7]
Embankments or inclines: $0.12 per pound.
[8]
Back door frame open: $0.12 per pound.
[9]
Tractor from under trailer: $0.12 per pound
[10]
Major suspension damage: $0.60 per pound.
[11]
Handle complete clean up: $0.60 per pound.
[12]
30 M.P.H. Speed Zone: $0.24 per pound.
[13]
50 M.P.H. Speed Zone: $0.36 per pound.
(b)
Additional surcharges shall apply to HAZMAT incidents.
This chapter is not intended to regulate or
set fees for nonbasic towing services or the towing or storage of
trucks and buses. Such service, if requested, shall be billed at reasonable
prevailing rates. The towing contractor shall submit a list of fees
in advance for nonbasic towing to the Chief of Police, who shall have
the sole discretion in determining reasonable prevailing rates.
A.
The towing fees set forth for basic towing service
and those billed for nonbasic towing service are the amounts that
the towing contractor will charge to the vehicle owner or representative.
Unless otherwise provided herein, the Township shall not be responsible
for payment of any towing charges, except for Township-owned vehicles.
B.
In the event the Police Department requires a vehicle
involved in a crime or a fatal accident to be held for investigation,
the Chief of Police may, after review of all the circumstances, require
waiver of storage fees, or a portion thereof, incurred up to the date
of release.
A.
Towing contractors shall be required to purchase,
maintain, and provide during the time of service on the rotary list,
proof of insurance furnished by a reputable insurance company licensed
to do business in the State of New Jersey, containing the following
coverages with liability limits as set forth below:
(1)
Comprehensive general liability insurance policy in
an amount not less than $1,000,000 combined single limit covering
bodily injury and property damage liability including but not limited
to personal injury; product liability (where applicable); independent
contractor and completed operation coverage.
(2)
Garage keepers legal liability insurance policy in
an amount not less than $100,000. Said policy must include both comprehensive
and collision, and an endorsement to include "on hook."
(3)
Automobile liability insurance policy in an amount
not less than $1,000,000 combined single limit covering bodily injury
and property damage liability including but not limited to owned,
nonowned, and hired vehicles.
(4)
Workers' compensation insurance as required by law,
including, but not limited to statutory New Jersey workers' compensation
benefits, and employers liability of at least $100,000.
(5)
Excess/umbrella liability. In the event that garage
liability and/or automobile liability cannot be purchased up to the
required $1,000,000 limit, and excess liability or umbrella liability
policy must be purchased to affect a total liability limit of $1,000,000.
Excess of umbrella liability policies will not be required for garage
and automobile policies that met or exceed the minimum limit of $1,000,000.
B.
The garage liability and automobile liability policies
shall name the Township of Andover as additional insured and certificate
holder.
The contractor will execute an agreement to
hold harmless, indemnify and defend, at the contractor's expense,
the Township, its employees and officials from any and all claims,
demands, suits or actions for personal injury or property damage brought
against the Township, its employees and officials for any activities
which arise out of any services performed under this chapter.
