[HISTORY: Adopted by the Township Council
of the Township of Burlington 12-23-1986; amended 9-26-1989; 6-9-1998 (Sec. 12:13 of the 1975 General Ordinances). Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A private passenger automobile of a private passenger or
station wagon type that is owned or hired and is neither used as a
public or livery conveyance for passengers nor rented to others with
a driver, and a motor vehicle with a pickup body or delivery sedan,
a van or 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 an occupation,
profession or business of the insured other than farming or ranching.
[Amended 8-11-2009 by Ord. No. 09-OR-017]
Towing as defined in this section and other ancillary services
as may be specified by the Director by regulation, which are components
of a routine tow.
[Amended 8-11-2009 by Ord. No. 09-OR-017; 12-10-2019 by Ord. No.
2019-OR-040]
A natural person.
[Added 8-11-2009 by Ord. No. 09-OR-017]
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a tow truck, but prior to the vehicle actually
having been moved or removed from the property.
[Amended 12-10-2019 by Ord. No. 2019-OR-040]
The Director of the Division of Consumers Affairs.
[Added 8-11-2009 by Ord. No. 09-OR-017]
The Division of Consumer Affairs in the Department of Law
and Public Safety.
[Added 8-11-2009 by Ord. No. 09-OR-017]
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.
Includes all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles, motorized scooters, motorized wheelchairs and
motorized skateboards. “Motor vehicle” includes commercial
motor vehicles as defined in N.J.S.A. 39:1-1.
[Added 8-11-2009 by Ord. No. 09-OR-017; amended 12-10-2019 by Ord. No.
2019-OR-040]
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle, regardless of the reason for the
tow.
[Added 8-11-2009 by Ord. No. 09-OR-017; amended 12-10-2019 by Ord. No.
2019-OR-040]
An 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 by night.
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.
An individual, a sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
[Added 8-11-2009 by Ord. No. 09-OR-017]
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
[Added 8-11-2009 by Ord. No. 09-OR-017]
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a consumer’s motor vehicle
that is parked illegally, parked during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a services charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of Section 1 of P.L.
1967, c. 305 (N.J.S.A. 39:4-56.5), provided that the abandoned vehicle
is reported to the appropriate law enforcement agency prior to removal
and the vehicle is removed in accordance with Section 1 of P.L. 1973,
c. 137 (N.J.S.A. 39:4-56.6).
[Added 8-11-2009 by Ord. No. 09-OR-017]
A person offering or performing private property towing services.
[Added 8-11-2009 by Ord. No. 09-OR-017]
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.
The location where a business under this chapter shall store
any vehicle towed by such licensee.
The moving or removing from public or private property or
from a storage facility by a motor vehicle of a consumer’s motor
vehicle that is damaged as a result of an accident or otherwise disabled,
is recovered after being stolen, or is parked illegally or otherwise
without authorization, parked during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a services charge is made, either directly or indirectly.
Dues or other charges of clubs or associations which provide towing
services to club or association members shall not be considered a
service charge for purposes of definition.
[Added 8-11-2009 by Ord. No. 09-OR-017]
A commercial enterprise engaged in the business of providing
basic towing service.
Only those vehicles equipped with boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
Any device in, upon, or by which a person or property is
or may be transported upon a highway.
[Added 12-10-2019 by Ord. No. 2019-OR-040]
No person or entity shall operate a towing business
within the Township of Burlington without having obtained a license
authorizing the operation of such business under the provisions of
this chapter.
An application for the issuance of a license
under the provisions of this chapter shall be made on forms furnished
by the Township Clerk and shall include the following information:
A.
The name and address of the applicant. If the application
is brought on behalf of a corporation, partnership or other entity,
the application shall include the name and address of the officers,
directors or other person or entity holding any ownership interest
in such corporation, partnership or other entity. Where an entity
holds ownership interest in any such corporation, partnership or other
entity, the name and address of the officers, directors or other person
holding an ownership interest in such entity shall be provided on
such application.
B.
The year, make, model and registration number of each
tow vehicle, flatbed truck or other vehicle used or to be used by
the applicant in connection with its towing business.
C.
The address where any such tow truck, flatbed truck
or other vehicle shall be garaged by the applicant.
D.
The address and telephone number of each location
from which the applicant's towing services shall be available for
dispatch on a twenty-four-hours-a-day basis.
E.
The full name, address and driver's license number
of each individual who operates or shall operate any towing vehicle
on behalf of the applicant.
F.
The address and a description of the storage facility
to be used by the applicant for the storage of towed vehicles.
G.
A photocopy of a certificate on insurance evidencing
that the applicant has obtained the insurance coverages required by
this chapter and reflection that the Township has been named as an
insured with respect to each of those coverages, with the exception
of workmen's compensation insurance.
H.
Each applicant shall be required to execute an indemnification
agreement in a form satisfactory to the Township Council which shall
fully indemnify the Township or any of its agents, servants or employees
with respect to any of the applicant's activities licensed under this
chapter.
I.
An application fee made payable to the Township of
Burlington in the amount of $100.
In order to obtain a license issued under this
chapter each applicant shall be required to meet the following minimum
requirements:
A.
No officer, director, applicant or any individual
holding any ownership interest in any applicant or other entity which
holds an ownership interest in such applicant, or any individual who
is to operate any towing vehicle of any applicant, shall have been
convicted of any crime or be subject to any administrative or judicial
consent order relating to towing, or be barred from towing by the
New Jersey State Police or any other state agency, unless the Township
Council shall have specifically waived this restriction upon a finding
that the history of such criminal offense, consent order proceeding
or debarment will not endanger the public health, safety or welfare.
[Amended 11-22-2016 by Ord. No. 2016-OR-031]
B.
Each applicant shall be required to provide for basic
towing services and/or vehicle storage on a twenty-four-hour basis,
seven days per week.
C.
Each applicant shall have the capacity to provide
for basic towing services within a time period which shall not exceed
20 minutes during normal, off-peak traffic conditions from the applicant's
town vehicle base of service to the intersection of Route 541 and
Sunset Road in the Township of Burlington.
D.
Each applicant shall own or lease at least the following
vehicles and/or equipment:
(1)
At least one tow vehicle or at least one flatbed truck.
(2)
At least one large broom and shovel for each towing
vehicle.
(3)
At least one set of dolly wheels for each tow vehicle.
(4)
At least one steering wheel lock for towing vehicles
from the rear for each tow vehicle.
(5)
At least one tow-sling-type tow bar to prevent any
part of the crane metal from touching any towed vehicle, for each
tow vehicle.
(6)
At least one set of emergency warning lights, adequate,
in the discretion of the Public Safety Director/Chief Law Enforcement
Officer (PSD/CLEO), and properly licensed, to adequately mark the
scene of a motor vehicle accident.
(7)
At least one set of portable safety lights to be installed
on the rear of each towed vehicle.
(8)
Safety flares for work following nightfall.
(9)
The
tow company is required to properly remove and dispose of fluids generated
by a motor vehicle crash which by estimation amount to two gallons
or less of combined fluids. An absorbent material commonly sold and
used for such purposes must be on the tow truck and available to the
tow truck operator at the time of response.
[Added 2-22-2011 by Ord. No. 11-OR-003]
E.
Each applicant shall own or lease and have available
to it vehicle storage facilities which shall meet the following minimum
requirements:
(1)
Capacity for the storage of at least six passenger
motor vehicles at any one time.
(2)
Such storage facility shall be located within the
Township of Burlington or a municipality with a boundary contiguous
with the boundary of the Township of Burlington.
(3)
The storage area shall have a business office open
to the public between 8:00 a.m. and 6:00 p.m. at least five days a
week, excluding holidays, and is secured and, if it is an outdoor
storage area, lighted from dusk to dawn. Such storage area shall be
accessible Monday through Friday from 8:00 a.m. to 6:00 p.m., Saturday
and Sunday from 9:00 a.m. to 12:00 noon, excluding holidays, for the
storage and/or return of motor vehicles to their owners or, in the
alternative, shall provide reasonable accommodations for after-hours
release of stored motor vehicles.
[Amended 8-11-2009 by Ord. No. 09-OR-017]
(4)
Such storage area shall not be in violation of any
zoning ordinance and shall meet any and all governmental requirements
for use as a storage area under this chapter.
F.
Each applicant shall obtain and maintain the following
minimum insurance coverages:
(1)
Automobile liability insurance in an amount not less
than $1,000,000 combined single limits.
(2)
Workmen's compensation insurance as required by law.
(3)
Garage keeper's liability insurance in an amount not
less than $100,000 per location.
(4)
Garage liability insurance in the minimum amount of
$2,000,000 per occurrence. (It is understood that $1,000,000 of underlying
insurance with an additional $1,000,000 of umbrella insurance will
meet this requirement.)
(5)
Each policy shall be endorsed to provide collision
coverage for vehicles to be towed by the applicant.
(6)
Each insurer shall be authorized to do business in
the State of New Jersey and shall meet minimum rating requirements
satisfactory to Township Council.
G.
Only one licensee under this chapter shall be permitted
to operate from any one tow vehicle base of service or storage facility.
A.
Applications for a license under this chapter shall
be submitted to the Township Clerk.
B.
Once the Clerk has deemed an application complete,
the same shall be forwarded to the PSD/CLEO who shall undertake a
background investigation of each individual referred to in the application
and shall further conduct a review of the application to determine
compliance with the requirements of the chapter.
C.
The PSD/CLEO shall thereafter report his findings
to the Township Clerk. The Clerk shall thereafter submit a copy of
the application together with a written recommendation of the PSD/CLEO
to the Township Council.
A.
Upon receipt of an application from the Township Clerk,
the Township Council shall undertake a review of the application and
may issue a license once it has been determined that the application
meets each of the requirements of this chapter.
B.
A license issued under this chapter shall expire as
of December 31 of the calendar year in which such license is issued.
C.
Where the Township Council has made a determination
that a license should not be issued, it shall notify the applicant
in writing, by certified mail, return receipt requested, of such determination
and shall advise the applicant that the applicant may request a hearing
as to such determination by filing a written request for such hearing
with the Township Clerk not later than 10 days following the mailing
of the notice by the Township Council of its determination to deny
the application for license. Upon receipt of a request for a hearing,
the Township Council shall schedule a hearing on at least 10 days'
notice to the applicant by certified mail, return receipt requested,
and provide the applicant with an opportunity to be heard concerning
the action taken by the Township Council. Following such hearing,
the Township Council may affirm, reverse or modify its determination.
A.
The PSD/CLEO shall maintain a list of licensees under
this chapter in such order as the PSD/CLEO shall deem appropriate
so as to ensure that no licensee shall be excluded or in any way discriminated
against. Such list shall contain the names, addresses and twenty-four-hour
telephone numbers of each licensee.
B.
The PSD/CLEO shall direct that members of his Department
shall request towing services of licensees under this chapter in the
sequence that they appear on such list. Such list shall rotate on
at least a weekly basis.
C.
In addition, the PSD/CLEO shall keep a record of requests
made for the services of licensees under this chapter, as well as
a record of the response time of each licensee, and shall record any
and all complaints received from members of the public as to the quality
of service or fees exacted by each licensee.
[Amended 4-25-2006 by Ord. No. 06-OR-011; 9-23-2008 by Ord. No. 08-OR-025; 8-11-2009 by Ord. No. 09-OR-017; 10-8-2013 by Ord. No. 13-OR-031; 12-10-2019 by Ord. No. 2019-OR-040]
A.
Rates. Unless expressly modified, the Township adopts
as its municipal fee schedule the rate schedule adopted by the New
Jersey State Police. A licensee shall not charge a fee in excess of
the published rates approved by the New Jersey State Police in effect
at the time of the towing service. A copy of the rate schedule shall
be available in the Township Clerk’s office.
B.
No licensee shall charge a fee for basic towing services
or storage in excess of the fees set forth herein.
C.
Every operator of a towing service shall give the
owner of each vehicle towed a written estimate of cost and a written
receipt when paid.
Every licensee under this chapter shall be subject
to the following additional requirements and/or prohibitions:
A.
Each licensee shall provide prompt response to each
call for towing service and, in the case of any motor vehicle accident,
shall be responsible for removing any debris at the site resulting
from such accident, except that a licensee shall not be required to
remove any substance which has been classified as a hazardous or toxic
waste by any law.
B.
Each licensee shall provide the Police Department
with the following information on vehicles which remain unclaimed
for over 30 days:
C.
Each licensee shall maintain a record, in a bound
volume, of all towing and wrecking calls made by the licensee, together
with the name of the owner and operator of each vehicle which is the
subject of such a call, the fee charged for the service, and the date
and amount of payment.
D.
Any employee or other agent operating a towing vehicle
or other vehicle on behalf of the licensee shall possess a valid New
Jersey driver's license which shall be in good standing.
E.
Each licensee shall maintain the insurance coverages
provided for in this chapter over the term of any license and shall,
upon request by the PSD/CLEO, or his designee, present evidence of
the existence of such insurance coverages.
F.
Each licensee shall be obligated to advise the Township
of any change in information provided on the application submitted
for a license under this chapter. In addition, each licensee shall
be continuously under an obligation to meet the minimum license requirements
provided for in this chapter over the terms of the license.
G.
No licensee or other individual or entity engaged
in the towing business shall cruise with a towing vehicle for the
purpose of soliciting towing business in the Township of Burlington.
H.
The tow company must allow access to the tow storage
area for both insurance companies and vehicle owners for the purpose
of collecting personal property, vehicle inspections, and repair estimates.
The tow company shall not charge a fee to allow this access on the
first visit by the vehicle’s owner. Subsequent access to the
tow yard by the vehicle’s owner will be charged at a rate of
$25 per visit. The insurance company will be charged $40 per visit.
[Amended 8-11-2009 by Ord. No. 09-OR-017]
I.
Each licensee
under this chapter shall be under a continuing obligation to comply
with each and every requirement of this chapter and the requirements
of any other applicable law, including, but not limited to, the New
Jersey statute that is known as the Predatory Towing Prevention Act,[1] as may be amended from time to time.
[Added 8-11-2009 by Ord.
No. 09-OR-017]
[1]
Editor's Note: See N.J.S.A. 56:13-7 et seq.
[Amended 8-11-2009 by Ord. No. 09-OR-017]
A.
Should the Township Council determine that any licensee
shall, have violated any provision of this chapter, the Township Council
shall, by certified mail, return receipt requested, advise the licensee
of such determination.
B.
Should the licensee desire a hearing on such determination,
the license shall, within 10 days of the mailing of the notice of
determination by the Township Council, advise the Township Council
of the licensee's desire for such a hearing. Upon receipt of a request
for a hearing, the Township Council shall, not less than 10 days prior
to the date of such hearing, notify the licensee, by certified mail,
return receipt requested, of the date, time and place of such hearing.
Following such hearing, or in the absence of an election to request
such hearing by the licensee, the Township Council may revoke or suspend
any license issued under this chapter upon determination that such
licensee has violated any provision of this chapter.
[Added 8-11-2009 by Ord. No. 09-OR-017[1]]
A.
No person
shall tow any motor vehicle parked for an unauthorized purpose or
during a time at which such parking is not permitted from any privately
owned parking lot, from other private property or from any common
driveway without the consent of the motor vehicle owners or operator,
unless:
(1)
The
person shall have entered into a contract for private property towing
with the owner of the property;
(2)
There
is posted in a conspicuous place at all vehicular entrances to the
property which can easily be seen by the public a sign no smaller
than 26 inches high and 36 inches wide stating:
(a)
The purpose or purposes for which parking is authorized and the times
during which such parking is permitted;
(b)
That unauthorized parking and unauthorized motor vehicles will be
towed at the owner's expense;
(c)
The name, address, and telephone number of the towing company that
will perform the towing;
(d)
The charges for the towing and storage of towed motor vehicles;
(e)
The street address of the storage facility where the towed vehicles
can be redeemed after payment of the posted charges and the times
during which the vehicle may be redeemed; and
(f)
Such contact information for the Division of Consumer Affairs as
may be required by regulation;
(3)
The
property owner has authorized the person to remove the particular
motor vehicle; and
(4)
The
person tows the motor vehicle to a secure storage facility that is
located within a reasonable distance of the property from which the
vehicle was towed.
B.
No private
property owner shall authorize the towing of any motor vehicle parked
for an unauthorized purpose or during a time at which such parking
is not permitted from the private property owner’s property
without the consent of the motor vehicle owner or operator, unless:
C.
This section
shall not apply to a motor vehicle parked on a lot or parcel on which
is situated a single-family unit or an owner-occupied multiunit structure
of not more that six units or in front of any driveway or garage entrance
where the motor vehicle is blocking access to that driveway or garage
entrance.
D.
Residential
communities with assigned parking spaces.
(1)
The requirements of Subsection A(2) of this section shall not apply to a residential community in which parking spaces are specifically assigned to community residents, provided that:
(a)
The assigned spaces are clearly marked as such;
(b)
There is specific documented approval by the property owner authorizing
the removal of the particular vehicle; and
(c)
A sign, which can easily be seen by the public, is posted in a conspicuous
place at all vehicular entrances to the residential community property
stating that unauthorized parking in an assigned space is prohibited
and unauthorized motor vehicles will be towed at the owner’s
expense, and providing information or a telephone number enabling
the vehicle owner or operator to immediately obtain information as
to the location of the towed vehicle.
(2)
The
exemption in this subsection shall not apply to any private parking
lot or parcel owned or assigned to a commercial or other nonresidential
entity located in such residential communities.
[Amended 8-11-2009 by Ord. No. 09-OR-017]
Any person or entity who shall be found in violation
of this chapter shall be subject to a fine not exceeding $2,000, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof, for each and every
violation of this chapter.
