The towing and storage of motor vehicles, damaged, stolen or
impounded, within the Township of Waterford shall be performed by
towing operators qualified and licensed pursuant to the provisions
set forth below on a rotating basis without competitive bid. This
ordinance is intended to replace the current sections of this chapter as in effect as of the date of the first reading of this
ordinance.
As used in this chapter, the following terms shall have the
meanings indicated:
AUTOMOBILE
A private passenger automobile of a private-passenger- or
station-wagon-type that is owned or hired and is neither used as 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 car,
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 other than farming or ranching. An automobile
owned by a farm family, copartnership or corporation, which is principally
garaged on a farm or ranch and otherwise meets the definitions contained
in this section, shall be considered a private-passenger automobile
owned by two or more relatives resident in the same household.
INSIDE SECURED
A vehicle storage facility that it 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
All vehicles propelled otherwise than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles.
MOTOR VEHICLE ACCIDENT
An occurrence in which a motor vehicle comes in contact with
any other object for which the motor vehicle must be towed or removed
for placement in a storage facility.
OUTSIDE SECURED
An area not indoors secured by a fence, wall or barrier at
least six feet high with a passive alarm system or similar alarm system
and continuously lighted at night, with all gates, doors or entryways
secured by locks.
OUTSIDE UNSECURED
An area not indoors that is not secured by a fence, wall
or other barrier, and to include all other areas not defined as an
inside building and outside secured facility.
TOW VEHICLE
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by its manufacturer for the removal or transport of private passenger
automobiles.
No license shall be issued unless all of the following standards
are met:
A. Equipment requirement. No license shall be issued to a towing operator
who does not possess, for utilization in this business, the following
tow vehicles and equipment, which tow vehicles and equipment shall
be inspected by the Chief of Police or his authorized representative
prior to a license being issued:
(1) At least one four-ton tow vehicle with a boom and drum rating of
four tons; a one-hundred-foot-long, three-eighths-inch diameter cable
with a recommended working limit of at least 3,500 pounds; recommended
gross vehicle weight of a truck or chassis of 10,000 pounds; and dual
rear wheels maintained and equipped in accordance with manufacturer's
specifications.
(2) At least one sixteen-ton tow vehicle with two booms and two drums,
with each boom having an eight-ton capacity, and each drum having
an eight-ton capacity, and each drum having a two-hundred-foot-long,
one-half-inch cable; recommended gross vehicle weight of truck of
chassis of 16,000 pounds; dual rear wheels; heavy-duty truck tow bar
air brakes; connecting air lines for connection with air compressor
and air brake lines of the towed vehicle; two-speed rear axle and
differential or dual transmission or five-speed transmission; two
heavy-duty high-test pickup chains; and heavy-duty truck sling and
tow bar. In lieu of having this piece of equipment in its possession,
the licensee shall supply the Township Clerk with an agreement in
writing between the licensee and any other entity, or corporation
or person who possesses this specific equipment that he or it will
provide services to the licensee pursuant to the provisions of this
chapter for the term of the license. This agreement shall provide
that the response time shall be in accordance with the provisions
of this chapter and that the licensee shall assume all responsibility
for compliance with the provisions of this chapter. The licensee shall
make provision for the equipment to be available for inspection at
his place of business at the time and place requested by the Chief
of Police or his authorized representative prior to the issuance of
the license. If said agreement shall be canceled for any reason, the
licensee must notify the Township of Waterford within twenty-four
hours.
(3) At least one flatbed or car carrier with at least one-car capacity;
wheel chokes; and four tie-down chains or grab locks.
(4) At least one vehicle equipped with tie-down equipment for carrying
motorcycles.
(5) Safety equipment to be carried on all trucks shall include universal
towing sling; tow hooks and chains; one snatch block for three-eighths-
to one-half-inch cable; two high-test safety chains; four-lamp or
three-lamp revolving amber emergency light with New Jersey state permit;
a toolbox with assortment of hand tools; rear working lights and rear
marker lights; cab lights; body clearing lights located to clear the
towed vehicle; a block choke for the tow vehicle while working; safety
cones; a shovel and a broom; and a steering wheel lock or tie-down.
(6) In lieu of having the required equipment in his possession, the licensee
shall supply the Township Clerk with an agreement in writing between
the licensee and any other entity, or corporation or person who possesses,
this specific equipment that he or it will provide services to the
licensee pursuant to the provisions of this chapter for the term of
the license. This agreement shall provide that the response time shall
be in accordance with the provisions of this chapter and that the
licensee shall assume all responsibility for compliance with the provisions
of this chapter. The licensee shall make provisions for the equipment
to be available for inspection at his place of business at the time
and place requested by the Chief of Police or his authorized representative
prior to the issuance of the license. If the said agreement shall
be canceled for any reason, the licensee must notify the Township
of Waterford within 24 hours.
B. The tow vehicle's base of service, the towing operator's place of
business, the proposed storage areas, and any other premises to be
utilized by the towing operator as set forth in the license application
shall comply with all provisions of the Zoning Ordinance, Property
Maintenance Code, and all other applicable laws of the Township of Waterford,
or the municipality wherein the property is located, pertaining to
the use or condition of said premises.
C. Each towing operator shall have the ability to store all motor vehicles
within an inside secured area. The enclosure shall be in good repair
and well-maintained, and must be continuously lighted from dusk to
dawn. No vehicles shall be stored in an outside unsecured area. Each
storage area shall be subject to inspection and approval by the Chief
of Police or his designee prior to a license being issued.
D. The secured storage area must be available 24 hours a day, 365 days
per year and open to the public on weekdays during normal business
hours from 9:00 a.m. to 5:00 p.m. and limited hours to be approved
by the governing body of the Township of Waterford on Saturdays from
8:00 a.m. to 2:00 p.m. The storage yard shall be made available for
the pickup of a motor vehicle after normal business hours on weekdays
from 5:00 p.m. to 11:00 p.m., Saturday from 2:00 p.m. to 8:00 p.m.,
and Sunday from 1:00 p.m. to 5:00 p.m., during which time there will
be a gate fee charged in addition to the standard fees addressed in
this chapter. This storage area must be located within the Township
of Waterford and the towing operator's place of business shall be
located within the Township of Waterford and/or a contiguous adjoining
municipality.
E. All towing operators shall maintain and produce proof of the following
insurance coverage, with the Township of Waterford named as an additional
insured, with the application when submitted to the Township Clerk:
(1) Automobile liability in the amount of not less than $1,000,000 combined
single limit.
(2) Comprehensive liability insurance in the amount of not less that
$1,000,000 combined single limit.
(3) Garage keepers liability in an amount of not less than $75,000, both
on hook and for each storage location.
(4) Garage liability in an amount of not less that $1,000,000 combined
single limit.
(5) The policies shall be endorsed to provide collision coverage for
vehicles in tow.
F. To provide the public with prompt and adequate tow truck service,
the licensee must respond within 25 minutes after being summoned.
G. Operators and their employees shall be fully trained and knowledgeable
in the operation of all required equipment and shall be subject to
background investigations by the Township of Waterford Police Department.
H. All billings for towing and storage services shall be itemized for
the services actually rendered pursuant to the fee schedules set forth
herein. A copy of the fee schedule set forth in this chapter shall
be available to the public and at the towing operator's place of business
during normal business hours.
I. Agree to defend, indemnify and hold harmless the Township of Waterford
for any and all suits, judgments, costs, expenses, including attorney's
fees, and claims on account of breach of contract, damaged property,
or personal injuries, including death arising out of or in any way
connected with the towing and storage services to be provided.
J. Priority for a license shall be given to businesses located within
the Township of Waterford which perform towing services as a part
of their business operation.
A license may be denied, suspended or revoked upon any of the
following grounds after an appropriate hearing in accordance with
the terms of this chapter:
A. Submitting a fraudulent or misleading application.
B. A criminal connection that reflects on the applicant to deal with
the problem in a fair and reputable manner.
C. Failure to respond reliably and promptly to calls for assistance
or any other action which interferes with the proper operation of
the rotating system maintained by the Police Department.
D. Violations of motor vehicle law and/or municipal ordinances.
E. Failure or refusal to tow or remove a motor vehicle when requested
to do so by an appropriate municipal officer.
F. Violations of the Zoning Ordinance, Property Maintenance Code or any other applicable ordinances or codes of the Township
of Waterford pertaining to the use or condition of the premises used
by the licensee in conducting the towing business.
G. Violations of the provisions of this chapter or any of its rules
or regulations.