[HISTORY: Adopted by the City Council of the City of Brigantine as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Mercantile businesses — See Ch. 210.
Vehicles and traffic — See Ch. 284.
[Adopted 4-2-1992 by Ord. No. 11-1992[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 278, Towing, adopted 2-4-1987 by Ord. No. 1-1987.
The following words, terms and phrases shall have the following meanings herein indicated:
PARK
To stand or stop a vehicle for a period of time in locations which are prohibited by law or otherwise on private property.
PARKING FACILITY
Any building, structure, garage, outdoor space, place, driveway, yard or enclosure, or any portion thereof, where vehicles may be parked, stored, housed or otherwise kept.
TOWING OPERATOR
Any person, company, corporation, partnership or other entity that has obtained a mercantile license to tow vehicles within the City of Brigantine or that tows vehicles within the City of Brigantine.
TOWING OPERATOR EMPLOYEE
Any person who operates a tow truck or is in any way employed by a towing operator.
VEHICLE
Any motorized device upon or by which any person or property may be transported from one place to another.
A. 
All towing operators who wish to perform towing services within the City of Brigantine must apply for and receive a mercantile license by said City of Brigantine.
B. 
Any applicant for a mercantile license to operate a towing company performing services within the City of Brigantine shall, in addition to all information required by the Mercantile Officer, also provide the following:
(1) 
The full name of the applicant, date of birth and social security number.
(2) 
The residential address of the applicant or, if said applicant is a corporation or other business entity, the residential address of the president or managing officer.
(3) 
If the applicant is a corporation, the address of the registered agent within the State of New Jersey for said corporation.
(4) 
The address of said towing operator's base of service/storage area.
A. 
All towing operators providing services within the City of Brigantine shall maintain adequate insurance to cover any and all personal injury, property damage or other loss which may occur.
B. 
All towing operators providing services within the City of Brigantine shall indemnify and hold harmless said City of Brigantine for any and all personal injury, property damage or other loss which occurs as the result of the performance of towing services within such City.
The towing or removal of any vehicle from private property without the consent of the registered owner or other legally authorized person in control of said vehicle is subject to the following conditions:
A. 
Any towed or removed vehicle must be stored at the towing operator's place of business in a secured facility. This facility must have business hours which are open to the public during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.
B. 
Prior to removing any vehicle from private property without the consent of the registered owner or other person in control of said vehicle, the towing operator must contact the Brigantine Police Department and advise said Police Department of the license plate number, make and model of the vehicle and, if possible, the owner and/or registrant of said vehicle. This procedure is required so that the City of Brigantine Police Department may determine if said vehicle is in any way connected with a wanted criminal or criminal activity. Said towing operator may only then remove said vehicle upon being advised by said Brigantine Police Department that said vehicle, to the best of its knowledge, is not stolen, owned by any wanted criminal nor involved with any criminal activity.
C. 
Prior to towing or removing any vehicle, the towing operator, in accordance with Subsection B above, shall notify the Brigantine Police Department and make known to said Police Department the location where said vehicle will be stored, the time said vehicle was towed and the make, model, color and license plate number of said vehicle. This is to allow said Police Department to respond to any vehicle owner who indicates his vehicle is stolen or otherwise missing.
D. 
If the registered owner or person in control of a vehicle arrives at such vehicle at a time when said vehicle is scheduled to be towed but prior to the actual removal of the vehicle, said vehicle shall be disconnected from the towing or removing apparatus and returned to the vehicle owner upon the payment by said owner of a reasonable fee, not to exceed half of the normal rate for towing services provided by the towing operator. However, if said person indicates to said licensed towing operator that he will refuse to remove the vehicle and the same is parked illegally, then said licensed towing operator shall be permitted to tow and remove said vehicle.
It is the purpose and intention of this article that no towing operator may pay any third party a commission or other percentage of money earned for any tow in return for said individual's calling in or advising said towing operator that any vehicle is parked illegally. This includes but is not limited to the owners or operators of any premises from which vehicles are to be towed.
A. 
All drivers of towing operators must possess a current valid New Jersey driver's license which will allow said individual to operate a tow vehicle and must have a current valid commercial driver's license if necessary.
B. 
All employees of the towing operator shall be clean and neat and shall be courteous to the general public.
A. 
All towing operators must have equipment adequate to perform the satisfactory services pursuant to this article.
B. 
The towing operator or his employees may not in any way represent or indicate that they are employees of the City of Brigantine and shall save and hold harmless the City of Brigantine from any and all damage incurred while performing towing services. Said damage will be the liability of the towing operator or other individuals according to law, but in no event will be the responsibility of the City of Brigantine.
C. 
All towing vehicles shall at all times be in conformance with all New Jersey State statutes, regulations and other laws.
D. 
All tow vehicles will have the name, address and phone number of the towing operator painted or permanently attached to both sides of any tow vehicles used pursuant to this article.
E. 
All tow vehicles shall be permanently permitted by the State of New Jersey to use a flashing amber emergency light.
No towed vehicle may be stored upon any public street, alleyway or yard within the City of Brigantine. All vehicles towed by a towing operator must be removed to a protected storage facility unless the same are towed to an auto repair or auto body repair shop. No said towed vehicle taken to an auto repair or auto body repair shop within the City of Brigantine is allowed to remain for more than a thirty-day period unless the same is completely covered by a protected material or repairs have begun thereon and will be diligently and expeditiously completed.
A. 
All towing and storage fees charged for services performed pursuant to this article must be posted in a clear and conspicuous place at the base of service of any towing operator, and no such fee for towing or storage shall be charged in excess of said posted rates.
B. 
All towing operators shall provide to the City of Brigantine for the City of Brigantine's records a copy of the current towing and storage fees to be charged for towing services performed pursuant to this article.
C. 
All towing operators upon request shall prepare a bill for all towing and storage services and shall maintain a copy of said bill on file and provide at least one copy of the same to any owner or other individual redeeming a vehicle. Said bills or invoices should include the name, address and telephone number of the towing operator and a complete list of services performed and charges therefor. In addition, said bills or invoices must include the make, model and year of the vehicle towed, as well as the name, address and telephone number of the record owner if ascertained, and the license plate number of the vehicle.
D. 
The City of Brigantine hereby specifically reserves the right to not renew any mercantile license of a towing operator based upon said towing operator's fee schedule's being excessive when compared to other prevailing prices for similar services among other towing operators.
E. 
All invoices mentioned above shall be numerically numbered in consecutive order. An invoice shall be prepared for each vehicle towed and/or stored pursuant to this article.
A. 
The towing operator shall make available to the Brigantine Police Department a record of all vehicles towed from the City of Brigantine and shall provide any and all invoices requested by the City of Brigantine concerning towing services provided in the City of Brigantine upon written request of said Police Department.
B. 
All records which are required to be maintained pursuant to this article shall be kept for a period of not less than four years by a towing operator.
Any towing operator who observes in plain view any instrumentality or evidence of criminal activity shall immediately report the same to the Brigantine Police Department. Failure to do so shall be cause for immediate revocation of said towing operator's mercantile license required pursuant to this article.
A. 
Except for property appurtenant to and obviously a part of a single-family residence and except in instances where notice is given personally to the person in control of the vehicle if the vehicle is considered to be parked illegally, no vehicle may be towed pursuant to this article unless the property owner of the property where said vehicle is to be towed from meets the following requirements concerning the posting of signs relative to towing:
(1) 
A sign giving notice as required in Subsection A must be prominently placed at each driveway, accessway or curb cut allowing vehicular access to the property within five feet of the public right-of-way line.
(2) 
If no driveway or curb cut exists, a sign giving notice as required in Subsection A must be prominently placed where the same is clearly visible to the general parking public. Said signs must at a minimum be placed at a distance of no greater than one sign per 30 feet in any parking facility.
(3) 
Said signs giving notice to the general parking public must clearly state in lettering not less than two inches high and on a contrasting background that unauthorized vehicles will be towed at the vehicle owner's expense. The specific words "unauthorized vehicles will be towed at the vehicle owner's expense" must be included on any such sign in letters which are two inches or larger. Said sign must also provide the name, address and phone number of the towing operator authorized to tow the vehicles from such private property.
(4) 
The sign should also state in letters two inches or greater the fee for the towing of vehicles from such private property.
B. 
All such signs posted pursuant to this article must be permanently installed. The bottom portion of any said sign shall not be less than four feet above ground level and should be placed in a position which makes the same as visible as possible while conforming to the requirements of this article. Any sign must be continuously posted and maintained on the private property for not less than 48 hours prior to the towing or removing of any vehicles from said private property unless said vehicle(s) must be towed to avoid an emergency situation.
C. 
Nothing herein shall allow any sign to be posted in violation of Chapter 198, Land Use.
When an owner of private property or his agent improperly causes a motor vehicle to be towed or removed from said private property, said property owner shall be liable to the owner of said towed vehicle for all accrued costs, including but not limited to the costs of towing, storage, attorneys' fees and court costs, if applicable.
If any vehicle which has been properly towed pursuant to this article remains unclaimed for a period of 48 hours from the time of the towing or removal of said vehicle, the towing operator shall send notice to the registered owner of the vehicle that the same has been towed and the location of said vehicle. If after being notified the registered owner still does not claim said vehicle within 96 hours, then the towing operator must send out a letter by registered mail, return receipt requested, to the registered owner of the vehicle indicating that the vehicle has been towed and the location of said vehicle.
Any violation of this article shall subject the towing operator or any other such violator to one or more of the following penalties, as determined by the Municipal Court Judge with jurisdiction over violations of this article:
A. 
Imprisonment in the county jail for a term not to exceed 90 days;
B. 
A fine not exceeding $1,000; or
C. 
A period of community service not exceeding 90 days.
Any towing operator who refuses or fails after two or more written notices from the City of Brigantine to abide by the terms of this article may have his or its mercantile license revoked and shall no longer perform towing services in the City of Brigantine until a new mercantile license has been issued.
[Adopted 5-20-1992 by Ord. No. 10-1992]
The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise:
AUTOMOBILE
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 a delivery sedan, a van or 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 owner(s).
BASIC TOWING SERVICE
The removal and transportation of an automobile which has been damaged in an accident or recovered after being stolen 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. Basic towing service shall include the removal and transportation of any automobile from any alley way within the City of Brigantine but shall not include the removal and transportation of any automobile from the beach and/or bay surrounding the City of Brigantine and shall not include the removal of any automobile from private property.
BEACH OR BAY TOWING
The towing of any automobile from the beach, bay or water contiguous to and surrounding the island of Brigantine.
CITY LOT STORAGE
Vehicle storage facility owned by the City of Brigantine.
INSIDE BUILDINGS
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.
MOTOR VEHICLE ACCIDENT
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 to one person even if caused by the intentional acts of another.
NONBASIC TOWING SERVICES
All towing services of automobiles which are not basic towing services, beach or bay towing services or towing services provided on or from private property.
OUTSIDE SECURE
Any 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 and is installed with a passive alarm system or a similar on-site security measure. The facility is to be lighted at night.
OUTSIDE UNSECURED
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.
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
The maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or a fraction thereof. Each new twenty-four-hour period begins at 12:01 a.m.
TOWING CONTRACTOR
Any individual or entity placed on the rotating list established by this article who performs or shall perform towing services pursuant thereto and who has been licensed according to this article.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches, slings, tiltbeds, wheel lifts or underreach equipment specifically designed by its manufacturer for the removal or transport of private passenger automobiles.
TOW VEHICLE'S BASE OF SERVICE
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
[Amended 6-2-2010 by Ord. No. 9-2010]
A. 
The City of Brigantine, by this article, hereby establishes a rotating list of towing contractors who the City shall use the services of and who shall be called on a rotating basis for any towing services required pursuant to this article within the City of Brigantine. For any towing entity to be contracted with and placed upon the rotating list herein described pursuant to this article, said towing entity must fully comply with all the terms and conditions of this article which said compliance is to be determined by the City Manager of the City of Brigantine or his designee. Said rotating list established by this article, shall be rotated on a weekly basis.
B. 
A towing contractor shall be placed on the rotating list established by this article in the order in which its completed application is approved. Each new addition to the list will be placed at the bottom of said list.
C. 
Once a list has been established, the City of Brigantine will request towing services from said list on a rotating basis. If a towing contractor is called and for any reason does not or cannot perform the requested towing service, such towing contractor will be placed on the bottom of the rotating list, and the next towing contractor on the list will be called to perform the towing services.
D. 
If no towing contractor on the rotating list is able to perform towing services when necessary, the City is entitled to have said services performed by a towing contractor not contained 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 City of Brigantine as compared to requests made by third parties.
The following fees are established as the maximum rates which can be charged for towing and storage fees pursuant to this article:
A. 
Towing services:
(1) 
Basic towing services provided at the day rate:
[Amended 5-19-1998 by Ord. No. 7-1998; 5-19-2004 by Ord. No. 15-2004]
(a) 
First mile or less: $85.
(b) 
Each additional mile: $1.75.
(2) 
Basic towing services provided on nights, weekends or New Jersey State holidays:
[Amended 5-19-1998 by Ord. No. 7-1998; 5-19-2004 by Ord. No. 15-2004]
(a) 
First mile or less: $95.
(b) 
Each additional mile: $1.75.
(3) 
Nonbasic towing services provided at the day rate: $50 for all tows.
(4) 
Nonbasic towing services provided on nights, weekends and New Jersey State holidays: $60 for all tows.
(5) 
Beach or bay towing services provided during days: $150 for all tows. Towing contractors may charge an hourly rate over and above the basic rate of $150 for beach or bay towing services for any portion of an hour over the first hour spent completing a beach or bay tow.
(6) 
Beach or bay towing services provided on nights, weekends and New Jersey State holidays: $200 for all tows. Towing contractors may charge an hourly rate over and above the basic rate of $200 for beach or bay towing services for any portion of an hour over the first hour spent completing a beach or bay tow.
B. 
Storage fees.
(1) 
Inside building storage/storage facility capacity:
(a) 
Twenty-one or more spaces: $13.
(b) 
Ten to 20 spaces: $18.
(c) 
Fewer than 10 spaces: $22.
(2) 
Outside storage facility capacity:
(a) 
Twenty-one or more spaces: $9.
(b) 
Ten to 20 spaces: $11.
(c) 
Fewer than 10 spaces: $25.
[Amended 5-20-2009 by Ord. No. 10-2009]
(3) 
Outside unsecured storage facility capacity:
(a) 
Twenty-one or more spaces: $7.
(b) 
Ten to 20 spaces: $9.
(c) 
Fewer than 10 spaces: $10.
(4) 
Storage within a City lot: $7.
[Amended 6-2-2010 by Ord. No. 9-2010]
No person shall be liable to any other person or entity who tows or stores a private passenger automobile pursuant to the provisions of this article for any fees in excess of those permitted by the towing and storage fee schedule established by this article. Pursuant to law, fee schedules or parts thereof shall be reviewed by the New Jersey Commissioner of Insurance on an annual basis and may be revised if necessary. In the event that any portion of the above schedules are revised by the Commissioner of Insurance, the revised fee shall be the maximum fee that may be charged by a towing contractor, and this section shall be amended accordingly.
A. 
The fees set forth in this article for towing rates are the maximum charges that shall apply to private passenger automobiles for basic and nonbasic towing services rendered pursuant to this article. There shall be no additional charges other than provided herein, including but not limited to separate charges for flat bedding, waiting time, wenching, cleanup costs and additional labor, when towing services are provided pursuant to this article.
B. 
The fees set forth in this article for storage fees are the maximum storage fees chargeable per twenty-four-hour period for any private passenger automobile which is stored pursuant to the provisions of this article.
A. 
When towing services are required to the scene of an automobile accident, the day rate shall apply when the time of the accident occurs between 8:00 a.m. and 4:30 p.m., Monday through Friday excluding New Jersey State holidays. The night, weekend and holiday rate shall otherwise apply to all towing services provided at the scene of an automobile accident.
B. 
When towing services are required for other than an automobile accident, the day rate shall apply when the vehicle is transported (pickup to delivery) entirely between the hours of 8:00 am. and 6:00 p.m., Monday through Friday except on New Jersey State holidays. The night, weekend and holiday rate shall otherwise apply to towing services provided.
C. 
Towing rates shall be calculated based on the total distance traveled from the tow vehicles base of service to the job site and return by way of the shortest route available. A fraction shall be rounded up to the nearest whole mile.
D. 
Tow vehicles transporting multiple passenger cars at one time shall receive the applicable fees for each vehicle transported.
This article is not intended to regulate or set fees for the towing or storage of trucks, busses or motorcycles or the provision of emergency road service. Such service, if requested, shall be billed at the provider's normal and customary rate or as otherwise agreed upon.
A. 
In order to be placed on the rotating list of towing contractors established by this article, a towing contractor must first receive a towing contractors license from the City of Brigantine.
B. 
Said license, if issued, shall be valid for a period of one year.
C. 
Applications for license pursuant to this article shall be submitted to the City Manager or his designee.
D. 
An administrative fee as set forth in Chapter 210, Mercantile Businesses, Article II, Fee Schedule, shall be paid to the City of Brigantine as part of the application process. All said administrative fees collected will be accounted for and deposited in the local treasury as required by N.J.S.A. 40A:5-15.
E. 
All applications shall include the following:
(1) 
The name of the towing contractor.
(2) 
The business address of the towing contractor.
(3) 
The residence address of the towing contractor or the President or managing partner of said towing contractor.
(4) 
The business telephone number of the towing contractor.
(5) 
The home telephone number of the towing contractor or the President or managing partner of said towing contractor.
(6) 
If a corporation, all shareholders owning 10% or more of said corporation.
(7) 
Any documentation concerning equipment as required by this article.
(8) 
The records and information concerning employees as required by this article.
(9) 
All certificates of insurance as required by this article.
(10) 
A hold-harmless agreement as required by this article.
F. 
Upon the submission of a complete application, a satisfactory police records check and a satisfactory inspection of equipment (if deemed necessary), the City Manager may recommend to the Mayor and Council that a towing contractor be granted a license and placed on the rotating list of towing contractors established by this article.
G. 
The Mayor and Council may approve such a recommendation by resolution at any properly noticed meeting of the City Council.
H. 
Each license or a copy thereof shall be prominently displayed in each piece of equipment used in performing services pursuant to this article.
I. 
Any false, misleading or fraudulent statements made in an application for license or contained in any of the documents attached thereto is cause for immediate removal of any towing contractor from the rotating list established by this article.
All towing contractors who wish to be licensed and placed on the rotating list pursuant to this article must meet the following requirements:
A. 
All towing contractors must have a legally permissible base of service where the towing vehicles required pursuant to this article may be stored in a safe and aesthetically pleasing manner and in compliance with all laws, regulations, ordinances, rules or other promulgations by municipal, county, state and federal entities. A towing contractor's base of service cannot be a home or residence.
[Amended 6-2-2010 by Ord. No. 9-2010]
B. 
All towing contractors must be subjected to a check by the City of Brigantine Police Department, and a conviction for any felony will be considered reason to eliminate said towing contractor from the rotating list of towing contractors in the City of Brigantine. Likewise, the names of all employees and drivers of the towing vehicles which are to be utilized by each towing contractor must be submitted to the City of Brigantine Police Department along with a copy of a current driver's license for each individual. Said Police Department shall run a Division of Motor Vehicles license check on said individuals. Any towing contractor (and their employees) consents to said checks upon the filing of an application for a license pursuant to this article by any said towing contractor. If any towing contractor continues to let any employee continue to perform towing services that has a revoked or suspended license, said towing contractor may be removed from the rotating list as established by this article.
C. 
Any applicant to be placed on the rotating towing list must sign an agreement with the Police Department regarding the same. Said agreement shall specifically state that if there are two negative complaints against the towing operator within a one-year period, the City Manager, after consultation with the Chief of Police, may remove said towing operator from the rotating list without the necessity of a hearing.
[Amended 6-2-2010 by Ord. No. 9-2010]
D. 
Each towing contractor shall provide the City of Brigantine the telephone number at which said towing contractor can be contacted to perform towing services along with the address of the base of operation of said towing contractor.
[Amended 6-2-2010 by Ord. No. 9-2010]
E. 
Towing contractors' equipment, personnel lists and base of service are subject to periodic inspections and approval by the City of Brigantine. Said inspections will be performed by the City Manager or his designee.
F. 
All towing contractors shall comply with all federal and state laws and regulations concerning wages, hours and any and all other terms of employment.
G. 
Each towing contractor prior to being placed on the rotating list established by this article shall provide proof to the City of Brigantine that they have engaged in the services of emergency police towing and recovery for a period of one year prior to their being placed on the rotating list. This record of performance shall be verified by the Chief of Police of the City of Brigantine.
H. 
Subcontracting of or for any towing services to be performed pursuant to this article is strictly prohibited.
All towing contractors who wish to be licensed and placed on the rotating list pursuant to this article must meet the following requirements concerning employees:
A. 
Each towing contractor must employ a sufficient number of employees to comply with the provisions of this article. No person shall be employed by a towing contractor for the purpose of this article unless they have submitted to a record check and Division of Motor Vehicles license check and have been approved by the City of Brigantine Chief of Police after said Chief of Police has reviewed results of said checks. Any individual who has a suspended or revoked license in this or any other state shall immediately cease and desist from performing towing services pursuant to this article.
B. 
All drivers of towing contractors licensed pursuant to this article shall be over the age of 18 years and must have a current valid New Jersey State driver's license or current valid commercial driver's license if necessary.
C. 
The towing contractor, at the time he wishes to be placed on the rotating list, shall submit to the City of Brigantine the names, addresses and any driver's license of all proposed drivers and employees who will be performing towing services pursuant to this article. It will be the sole and exclusive obligation of the towing contractor to update and supplement this list as any change in personnel occurs with said towing contractor. No driver shall perform towing services pursuant to this article unless previously listed by the contractor in the list of employees supplied to the City. Failure to submit or keep this list updated will subject said towing contractor to immediate removal from the rotating list established by this article.
D. 
All complaints of any kind, including but not limited to complaints relative to service, overcharging, theft of parts, damage to towed or stored vehicles, discourteous treatment and the like shall be referred to the City Manager or his designee in writing. Any two complaints which are deemed to be true shall subject the towing contractor to removal from the rotating list in the discretion of the City Manager, without the necessity of a hearing, after consultation with the Chief of Police.
[Amended 6-2-2010 by Ord. No. 9-2010]
E. 
All employees of towing contractors placed on the rotating list pursuant to this article shall be clean, neat and make a good appearance and treat all individuals with whom they come in contact in a kind and courteous manner.
F. 
All towing contractors placed on the rotating list implemented by this article agree, understand and consent to the fact that by being placed on said rotating list they assume responsibility, unless otherwise provided by law, for any and all careless, intentional, negligent or other acts of themselves or their employees while acting in the performance of any duties prescribed by this article.
G. 
Nothing contained in this article shall allow any towing contractor or any employee thereof to in any way indicate to the public or act in such a manner so as to represent to the public that said towing contractor or its employees are employees of the City of Brigantine or representatives thereof.
H. 
All employees of towing contractors shall obey all traffic laws and regulations when performing towing services, including adherence to all speed limits, and shall submit to the orders and instructions of members of the Brigantine Police Department at the scene of any accident.
I. 
All employees of towing contractors, when possible, should be competent mechanics able to provide roadside service.
Each towing contractor who wishes to be licensed and placed upon the rotating list established with this article must meet the following requirements concerning equipment:
A. 
A detailed listing of the equipment to be utilized in the performance of services pursuant to this article, provided to the City of Brigantine, including:
(1) 
The type of vehicle(s).
(2) 
The storage location of vehicle(s).
(3) 
Whether vehicle(s) are owned or leased.
(4) 
If leased, the company from whom said vehicle(s) are leased.
B. 
In addition to the above, all vehicle(s) when not in use must be permanently located at the towing contractor's base of service. Each piece of equipment must meet the minimum standards set forth herein as well as all minimum safety requirements as established by state and federal law.
[Amended 6-2-2010 by Ord. No. 9-2010]
C. 
The towing contractor is solely responsible for the safety, maintenance and operation of each piece of equipment utilized pursuant to this article.
D. 
All towing contractors must have equipment adequate to perform satisfactory towing services pursuant to this article. If any towing contractor causes any damage, personal injury or other harm to any person or property because of the use of inadequate equipment, said towing contractor will be solely liable for the same, and the City of Brigantine shall in no way be liable.
E. 
The towing contractor shall supply, upon request, the manufacturer's certification of the lifting capacities of any devices for each vehicle which said towing contractor plans to use pursuant to this article.
F. 
All vehicles used as equipment pursuant to this article shall be equipped at all times with safety vests for operators, first aid kits, a receipt book for services rendered, hand tools, lockout kits, flashlight, broom, shovel, work gloves and flares or other necessary warning devices.
G. 
All towing equipment shall be kept in a clean and neat fashion so as to be reasonably accommodating to the persons who may come upon said tow vehicles. Equipment used pursuant to this article shall have the name, address and phone number of the towing contractor painted or otherwise permanently attached to both sides of said equipment and shall be in compliance with all other motor vehicle statutes of the State of New Jersey, including being properly permitted by said state for the use of flashing amber emergency lights.
H. 
All equipment used pursuant to this article shall be registered in the name of the towing contractor.
No vehicle which is towed pursuant to this article may be stored upon any public street, alley or passageway within the City of Brigantine and may only be stored in a storage area acceptable to the City of Brigantine as determined by the City Manager or his designee. Any towing contractor who stores vehicles in a prohibited storage area is subject to immediate removal from the rotating list established by this article.
Towing contractors shall be responsible for the reasonable care, custody and control of vehicles and the contents therein during the time that towing services are provided. Towing contractors who are placed on the rotating list hereby indemnify and hold harmless the City of Brigantine, its agents, servants and employees concerning any and all damage, theft, vandalism or other acts of destruction which occur on any vehicles towed and/or stored by said towing contractor unless said damage and/or destruction was caused exclusively by the negligence of the City of Brigantine or its employees.
The Brigantine Police Department shall be responsible for the processing and disposal of each vehicle which is transported and stored at the City storage facility until final disposition and removal of said vehicle as consented to by the City of Brigantine. It is the responsibility of each towing contractor to cooperate fully with the City of Brigantine and said City of Brigantine Police Department and to provide any and all information which said towing contractor may have concerning the name, address and telephone number of the owner of the vehicle, the driver of the vehicle, if it can be determined at the time towing services were required, and any holders of a security interest concerning said vehicle. In addition, the towing contractor may be requested to assist the City of Brigantine in notification of the owners and/or drivers of said vehicles and any holders of security interest therein. This procedure shall be determined and as directed by the Chief of Police of the City of Brigantine. Prior to the release of any vehicle from the City of Brigantine's storage facility, an individual must provide:
A. 
Proof of ownership of the vehicle satisfactory to the Brigantine Police Department.
B. 
A paid receipt from the towing contractor for services performed by said towing contractor.
C. 
A paid receipt from the City of Brigantine for any storage fees.
D. 
A release from the City of Brigantine Police Department.
The City will take all proper and necessary steps pursuant to New Jersey statute to sell at public auction any vehicle which is considered abandoned. If and when requested by the City of Brigantine, the towing contractor shall be responsible for moving any vehicles contained in the City of Brigantine storage area, at a prearranged charge, in order for the City to conduct any auction and properly dispose of said vehicles pursuant to this article.
[Amended 5-21-2025 by Ord. No. 12-2025]
A. 
All towing contractors placed on the rotating list established by this article shall remove and tow any and all vehicles as directed by the Brigantine Police Department under the Supervision of the Chief of Police.
B. 
All towing contractors placed on the rotating list established by the City of Brigantine pursuant to this article shall be responsible for the towing of vehicles pursuant to this article on a twenty-four-hour day, seven-day-a-week basis.
C. 
Towing contractors shall respond promptly to any and all requests for towing services by the City of Brigantine, and in any event said towing contractor shall respond and be present at the location where towing services are required within a period of no more than 10 minutes after receipt of the request for towing services. Failure of a towing contractor to arrive within the guidelines delineated above can be considered cause for removing said towing contractor from the rotating list established by this article in the discretion of the City Manager of the City of Brigantine.
D. 
If the towing contractor is summoned by the City of Brigantine for the purposes of providing towing services pursuant to this article and the owner of the vehicle which is to be towed arrives on the scene prior to the removal of said vehicle by the towing contractor, said owner may be charged an unloading and showup charge which in no event shall be in excess of 1/2 the maximum fee established pursuant to this article for a day rate basic towing service.
E. 
Any contractor placed on the rotating list established by this article shall be responsible for the towing of any disabled City-owned vehicle when requested by said City. This service will be furnished to the City of Brigantine for an amount not to exceed the following maximum charges:
(1) 
Towing City vehicles within City limits:
(a) 
Day rate: $25.
(b) 
Night, weekend and holiday rate: $35.
(2) 
Towing City vehicles outside of City limits:
(a) 
Day rate: $50.
(b) 
Night, weekend and holiday rate: $60.
(3) 
Towing City vehicles, beach tows: rate of $100 plus $75 per hour for each hour after the first hour.
Any towing contractor placed upon the rotating list established by this article will be responsible for the clean up of any and all accident scenes to which said towing contractor provides towing services. This shall include but not be limited to the clean up of all broken glass, debris and other clean up as required at said site. Notwithstanding this section, the towing contractor shall not be responsible for the clean up of any hazardous-type materials such as fuel, oil, chemicals, etc.
A. 
Each towing contractor shall prepare a bill for towing and/or storage fees for each vehicle towed pursuant to this article. All such fees shall be in conformity with the requirements and conditions as imposed by this article. Prior to the release of any vehicle by the towing contractor from said towing contractor's storage facility, the towing contractor shall obtain full payment of the amount due and owing to said towing contractor for any and all towing and/or storage fees. In addition, the towing contractor prior to the release of any vehicle shall obtain a release form executed by the City of Brigantine Police Department pursuant to procedures established by the Chief of Police of the City of Brigantine.
B. 
Notwithstanding any provisions of this article, nothing herein shall be construed as requiring or allowing any towing contractor to charge the City of Brigantine fees in excess of those established pursuant to N.J.S.A. 40:48-2.49, 40:48-2.50 and other applicable statutes.
In addition to the services required by this article, the towing contractor will be required to furnish all available equipment and service during storm periods, periods of snow emergencies, traffic emergencies, special events, disasters or any other acts of God or other reasons which cause emergency conditions as determined by the City Manager, Chief of Police and/or Emergency Management Director. Said periods will be referred to as "standby periods" in which standby service is to be provided by all towing contractors who are on the rotating list established by this article.
A. 
Any standby period shall begin when determined by the City Manager, Chief of Police or Emergency Management Director and shall be terminated at the discretion of the same.
B. 
The City of Brigantine pursuant to this article hereby reserves the right, during any standby period, to designate temporary areas owned or leased by the City of Brigantine for the storage of any and all vehicles at the direction of the City Manager, Chief of Police or Emergency Management Director.
C. 
The City Manager, Chief of Police or Emergency Management Director shall determine the type and number of tow vehicles and personnel to be used during any standby period. The charges for the services performed during any standby period will be computed on an hourly basis at the rate of $40 per hour for all special events and $60 per hour during any snowstorm, flood, hurricane or other act of God to be paid to the towing contractor upon submission of an itemized invoice of said towing contractor detailing the hours they were on standby to the City of Brigantine.
A. 
All insurance required pursuant to this article shall be furnished by an insurance company with a B+ or better rating, as published in the most recent edition of the Best Insurance Key Rating Guide, and all said insurance companies issuing insurance to be obtained pursuant to this article must be authorized to do business in the State of New Jersey. All towing contractors placed on the rotating list established by this article will be required to purchase and maintain during the time they remain on said rotating list comprehensive automobile liability insurance, garage keepers liability insurance, comprehensive risk insurance for any storage building and/or facility and workers' compensation insurance with limits not less than those listed below:
(1) 
Automobile liability insurance in an amount not less than $1,000,000 combined single limit (bodily injury and property damage). All such liability insurance policies shall be specifically endorsed to provide collision insurance for vehicles in tow.
(2) 
Garage keepers liability insurance in an amount not less than $60,000 per location.
(3) 
Comprehensive garage liability insurance in an amount not less than $1,000,000 combined single limit.
(4) 
Workers' compensation insurance as required by law.
B. 
The City of Brigantine shall be named as an additional insured on all policies of insurance required by this article.
C. 
The towing contractors through their insurance companies shall indemnify and hold harmless the City of Brigantine against any and all loss due to injuries, accidents or other damages of any character whatsoever, caused as a result of an act or omission of the towing contractor, his agents or employees in the execution of any towing services or other services performed pursuant to this article.
D. 
The towing contractor shall provide the City of Brigantine with certain certificates of insurance evidencing the coverage required by this article. This requirement will include separate certificates which must be produced for each tow vehicle owned by a towing contractor. All such policies shall include a clause which shall provide the City of Brigantine at least 30 days' written notice prior to the cancellation of or the intention not to renew or any material change in said policies. The failure to submit any said certificate or failure to include said clause shall subject a towing contractor to immediate removal from the rotating list.
E. 
Any interruption of coverage of insurance required by this article shall be deemed sufficient reason to remove any towing contractor from the rotating list established by this article.
A. 
Each towing contractor placed upon the rotating list established by this article shall keep a clear record of all vehicles towed which clearly state:
(1) 
The name and address of the owner of said vehicle.
(2) 
The insurance carrier pertaining to said vehicle.
(3) 
The vehicle make, model and identification number.
(4) 
The telephone number of the owner.
(5) 
The name and address of the driver.
(6) 
The license plate number of said vehicle.
B. 
All said records shall be kept for at least a four-year period from the date that towing services are provided for said vehicle. A copy of each said record for any vehicle towed pursuant to this article shall be provided to the City of Brigantine if any such vehicle is stored in the City storage area.
C. 
Towing operators shall maintain, if at all reasonably possible, a record of all personal property contained in a towed vehicle that can be observed in plain view at the time the towing services are performed. All towing operators will have a duty pursuant to this article to report any suspected illegal activities, contraband or evidence of crime observed by said towing contractor and/or its employees immediately to the City of Brigantine Police Department.
D. 
The Chief of Police of the City of Brigantine or his designee shall have access to any of the records required to be kept by the towing contractor pursuant to this article.
E. 
All invoices kept pursuant to this article shall be consecutively numbered and shall display the name, addresses and telephone number of the towing contractor on the same. Such invoice shall be prepared for each vehicle towed and/or stored pursuant to this article and must state at a minimum the date of service, the type of service, itemization of charges and the identifying characteristics of the vehicle as stated herein before.
All fees as outlined by this article must be posted by the towing contractor in an easily visible location at said towing contractor's base of service and shall also be kept on file in the Clerk's office of the City of Brigantine.
[Amended 5-19-1998 by Ord. No. 7-1998; 6-2-2010 by Ord. No. 9-2010]
For the purposes of this article, the City Manager is designated as the person responsible for the enforcement of the provisions of this article and shall be responsible for resolving any disputes or receiving any complaints regarding this article.
If the licenses entered into pursuant to this article shall be for a period in excess of one year, said contract shall contain a clause making them subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation or, in the alternative, shall contain an annual cancellation clause.
All towing equipment required pursuant to this article shall have two-way radio capability which will allow the dispatching center of the towing contractor to contact said truck on a twenty-four-hour basis. All said towing contractors must have said dispatching capability so as to be able to contact said trucks other than via the telephone on a twenty-four-hour basis.
A. 
Any person or entity who shall violate any of the provisions of this article shall be subject to imprisonment in the county jail for any term not exceeding 90 days or by a fine not exceeding $1,000; or by a period of community service not exceeding 90 days.
B. 
Each violation of any provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.