[HISTORY: Adopted by the Township Council of the Township
of Hillside 6-10-2003; amended
in its entirety 3-17-2015 by Ord.
No. O-15-03. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide standards, regulations
and rates for police-requested towing and storage services requiring
a response thereto by the licensees. It is the further purpose of
this chapter to regulate these services from a public safety perspective
to ensure the quickest response time to the scene of a motor vehicle
accident and minimize the waiting time for police officers. This chapter
will also ensure the prompt removal of motor vehicles from the roadway
as a result of a motor vehicle accident, other hazardous condition,
evidentiary value to a crime or any removal that may be mandated by
New Jersey statute. In addition, this chapter will make certain the
compliance with administrative requirements and specifications of
this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The operation of a tow truck in and upon a roadway within
the Township of Hillside to solicit vehicle towing and/or storage
business except in response to a police request.
The person operating the tow truck for the licensee.
A tow truck capable of towing large trucks and that meets
the following minimum requirements: gross vehicle weight (GVW) 30,000
pounds; towing capacity (GVWR) 80,000 pounds; boom rating 50,000 pounds;
cable size and length 5/8 inch and 200 feet; equipped with chassis
lift under-reach retracted rating 25,000 pounds and extended rating
12,000 pounds.
A vehicle leased by the licensee, through a bona fide company
that leases the necessary equipment and showing the licensee on the
registration as the owner or lessee. If the registration is such that
the lessee is not listed, the licensee will be required to show a
lease agreement from a business regularly engaged in leases of motor
vehicles.
The document approved and issued by the Township of Hillside
granting the privilege to tow and store vehicles and perform other
towing operations for the Township of Hillside.
A towing operator having a license granted by the Township
pursuant to the provisions of this chapter.
A car carrier of the roll-back-and-tilt type, with dual wheels,
capable of removing and transporting passenger cars damage-free and
shall meet the following minimum requirements: GVW 15,000 pounds;
GVWR 18,500 pounds; winch rating 8,000 pounds; cable size and length
3/8 inch and 50 feet; bed length 19 feet; wheel lift retracted rating
6,000 pounds and extended rating 3,000 pounds.
A tow truck with dual wheels, capable of towing passenger
cars and shall meet the following minimum requirements: GVW 14,000
pounds; GVWR 18,000 pounds; boom rating 8,000 pounds; winch rating
8,000 pounds; cable size and length 3/8 inch and 100 feet; wheel lift
retracted rating 6,000 pounds and extended rating 3,000 pounds.
A car carrier of the roll-back-and-tilt type, with dual wheels,
capable of removing and transporting small trucks, large passenger
cars, large sport utility vehicles, and full-size vans damage-free
and shall meet the following minimum requirements: GVW 24,500 pounds;
GVWR 28,000 pounds; winch rating 8,000 pounds; cable size and length
3/8 inch and 50 feet; bed length 22 feet; wheel lift retracted rating
6,000 pounds and extended rating 3,000 pounds.
An individual or entity who or which owns or leases and/or
operates, parks or abandons a vehicle within the Township.
The Police Department of the Township of Hillside or of any
jurisdiction having authority in the subject matter.
The business office of a respondent/licensee, where the licensee
shall conduct business associated with the towing and storage of vehicles
under authority of the towing license issued by the Township of Hillside.
The time from when the police call the licensee and then
until the licensee arrives at the location to service the vehicle.
A police request for road service of a disabled vehicle,
i.e., dead batteries, flat tires, out of gas or other services that
do not require towing.
A towing license, authorized by the Chief of Police, and
issued by the Township of Hillside for the purpose of replacing a
current licensee, whether that replacement is due to the closing of
the business or the revocation of the licensee's towing license
for a violation of this chapter. This license is for emergency situations
only, and the cost will be prorated on a monthly basis.
An individual or entity engaged in the business of providing
towing and storage services.
The towing service and/or on-site vehicle repair of the following:
tire changes, jump starts or jump starts (optional) rendered by a
towing operator.
Every device in, upon or by which a person or property is
or may be transported upon a highway or street.
The time a licensee has equipment and personnel waiting at
a scene to perform a towing operation.
A.
No police-requested towing shall operate within the Township of Hillside
for police-requested towing services and/or storage services unless
the towing operator has obtained a license issued by the Township.
B.
Exemptions: owner-requested service. No license shall be required
for the on-site repair and/or towing or storage of any vehicle when
the request therefor is received by the towing operator from the owner
or the owner's agent prior to a police request therefor.
Licenses to tow shall be issued for twenty-four-month periods.
A.
The Township shall issue a request for qualifications ("RFQ") to
be received no later than 90 days prior to the beginning of each two-year
license term. Entities seeking a license shall submit a typewritten
response to the RFQ signed by the respondent and otherwise consistent
with the RFQ instructions and related forms furnished by the Township
(the "RFQ response"). The RFQ response shall contain all information
necessary to evidence the respondent's identity and legal address,
compliance with the requirements of this chapter and ability to perform
the towing services and storage services contemplated by this chapter.
If the respondent is a partnership, corporation, LLC or any other
entity other than an individual, the RFQ response shall set forth
the names and addresses of all officers, trustees, and directors,
together with names, addresses, social security numbers and dates
of birth of all persons holding more than a ten-percent interest.
The RFQ response shall also contain the names of all tow truck drivers,
their addresses, dates of birth, social security numbers and driver's
license numbers. For both the respondent and tow truck drivers, each
shall state whether or not he or she has ever been convicted of an
offense; such offense shall be described on the RFQ response.
B.
Filing. RFQ responses shall be typewritten and shall be filed with
the Township Clerk together with the RFQ response fee specified in
this chapter.
C.
Qualified towing contractors (hereinafter referred to as "contractors")
shall be invited to submit RFQ responses under this chapter to provide
services for towing and storage of vehicles involved in accidents,
stolen vehicles and other vehicles designated by the Hillside Police
Department, as set forth herein, 24 hours a day, seven days a week,
in the Township of Hillside, in accordance with specifications set
forth within the RFQ. Notice of RFQs shall be placed in the Township's
designated newspaper or other appropriate publication and by posting
said notice conspicuously in the Hillside Township Building.
D.
RFQ responses shall be reviewed and investigated for compliance with
the specifications set forth herein. The two contractors who best
meet the standards articulated in the specifications set forth herein
as determined by the Township shall be awarded a license for the two-year
licensing period or remaining portion thereof. Failure to comply with
any specification in whole or in part may be grounds for elimination
from consideration from inclusion on the list of eligible towers,
as determined by the administration. The Township Council will, by
resolution, award the license to the two selected towing companies.
A.
Reference to Chief of Police. RFQ responses received by the Township
Clerk shall be referred within two business days to the Chief of Police
for his review, along with a copy to the Township Attorney.
B.
Inspection; recommendations; disputes. After such examination of
the respondents and such inspections as the Chief of Police, the Township
Attorney and the Township Clerk may consider necessary to evaluate
the respondent's compliance with and ability to continue to comply
with the requirements of this section, the RFQ responses shall be
returned to the Township Clerk with the recommended approval or disapproval
of each RFQ response by these individuals based upon his examinations,
inspections and evaluations.
C.
Respondents and licensees shall cooperate with any and all investigations
conducted by the Chief of Police or his designee or other law enforcement
agency working in conjunction with the Township Police. The requirements
of cooperation shall continue throughout the period of RFQ response
review and the duration of the license and the storage of vehicles
(even if a license is no longer in effect). The Department of Police
shall conduct an investigation of the RFQ responses. Respondents are
responsible for furnishing the Township applicable background checks
of all respondents, their employees and/or officers, which shall include
fingerprinting of all such individuals and which shall be conducted
at the expense of the respondent at an agency approved by the State
of New Jersey for that purpose, and shall be dated no more than 30
days prior to the due date for all RFQ responses. An RFQ response
may be rejected and license may be denied for fraud, misrepresentation
or false statement in the RFQ response, or when an owner, officer,
director and/or driver has been convicted of a crime involving moral
turpitude within 10 years or any other crime within 10 years.
D.
The Chief of Police may contact any law enforcement agency where
the respondent has previously performed any service on a regular basis
to verify the basis of any complaint or investigation within the prior
license period.
E.
Visual on-site inspection of the premises and equipment shall be
made and approved prior to the Chief of Police's or his designee's
recommendations.
A.
Authorization. The Township Council at a public meeting, shall by
resolution award a contract and thereby authorize the issuance of
a license to the individuals or entities who best satisfy the requirements
of this chapter upon the recommendations of the Chief of Police.
B.
Licenses shall be reevaluated every year. If the Chief of Police
or his designee has advised the licensee that his or her response
times do not materially conform to the best interests of the Township
as specified herein, then the Chief of Police may make a recommendation
to the Township Council that the licensee has not been responsible
so as to deem the licensee unsuitable as a licensee during the following
license period.
C.
Issuance. The authorized license or licenses shall be issued by the Township Clerk in writing upon payment by the towing operator(s) of the license fee specified in § 279-8.
D.
Determination of qualified towing agent. In determining if a towing
agent qualifies to be issued a license, the Chief of Police, in making
his recommendation, shall take into consideration the following parameters.
These parameters will act as a guide, but any other unforeseen factor
that is determined to be a detriment to the respondent's ability
to properly service the Township may be part of this process. No specific
weight is put on any one of these parameters, but an overall assessment
by the Chief of Police will be made following an investigation by
his designee.
(1)
Past service as a towing agent for the Township of Hillside.
(2)
Other government contracts the respondent is or has serviced.
(3)
Condition and maintenance of vehicles and equipment.
(4)
Overall condition, appearance, access and convenience of the respondent's
facilities. This shall include the ease of ingress and egress by the
public.
(5)
The overall driving records of employees.
(6)
Prior motor vehicle accidents involving the respondent's tow
trucks.
(7)
Any area in which the respondent exceeds the minimum qualifications,
including but not limited to the amount of insurance carried and available
vehicles.
(8)
Access to heavy-duty wreckers. The chapter allows for towing agents
to obtain a lease agreement from another towing company to provide
twenty-four-hour-a-day, seven-days-a-week, heavy-duty service. Ownership
by the towing agent of heavy-duty wreckers stored at the towing agent's
own facility will be used as a determining factor.
(9)
Any other aspect of the respondent's ability to service the
contract that is determined to be applicable but is not specifically
covered in this chapter.
The following schedule of nonrefundable fees is adopted for
the obtaining of a towing license:
A.
General.
(1)
The Township Council shall have the right to suspend or revoke any
license issued under this chapter for good cause upon written complaint
of the Chief of Police following his determination that there is probable
cause for suspension or revocation based upon violation of this chapter.
(2)
A license may be denied, suspended or revoked for material and willful
fraud, misrepresentation or false statement in the course of conducting
the towing operation, for violation of this chapter, or for the conviction
of the respondent, its officers or a person or entity holding a 10%
or larger interest in the respondent of a crime involving moral turpitude
or relating to the towing business or for any other crime. A license
may also be denied if the respondent has had a towing business or
for any other crime. A license may also be denied if the respondent
has had a towing license or contract revoked while working for any
other municipal, county or state agency and due to his or her inability
to meet response times or other conduct as specified in this section.
Such revocation shall have occurred within a twelve-month period prior
to submitting an RFQ response to the Township of Hillside for the
license.
(3)
Written notice of such complaint shall be given to the licensee who
shall be entitled to a hearing within 20 business days before the
Township Council prior to final determination of the complaint by
the Township Council, provided that the licensee requests the review
in writing and serves it on the Township Clerk and the Chief of Police
within three business days of being served with the notice from the
Chief of Police. If, after the hearing, a majority of the members
of the Township Council present and voting decide that there has been
a violation, they may terminate or suspend the license.
B.
Emergency suspension. A license may be suspended by the Chief of
Police whenever the Chief in his reasonable judgment considers such
suspension necessary for reasons of safety, or has reason to believe
that the licensee is not covered by the insurance required. Such suspension
shall continue until terminated by the Chief, provided that if the
suspension is not terminated within three business days, the Chief
shall file a complaint for suspension or revocation, and the suspension
shall remain in effect pending a determination of the complaint.
C.
Temporary license.
(1)
In the event of an emergency suspension or other failure of the licensee(s)
to perform its duties under this chapter, the Chief of Police may
issue a temporary license to a towing operator who submitted an RFQ
response to the most recent RFQ issuance in accordance with this chapter
and who is otherwise qualified to provide the services set forth in
the RFQ, to operate during any licensee's failure to perform,
should the replacement of said licensee be deemed necessary. The issuance
of a temporary license shall be reported to the Township Council immediately
upon issuance and shall be subject to continuation upon the Township
Council's ratification of said issuance by way of resolution
at the next regularly scheduled public meeting thereof.
(2)
Temporary licenses may be issued for a thirty-day period, which may
be extended for five additional thirty-day periods.
D.
Temporary suspension. Any tower shall be suspended for five days
if he or she fails to respond to a request by the Township of Hillside
Police Department to tow a vehicle.
A.
Required equipment. A towing operator, when submitting an RFQ response
for and at all times while holding a license under this chapter, shall
own or lease for use in performing the services required by the license
the following items of equipment:
(1)
A total of three light-duty flatbeds or wreckers, each equipped with
a wheel lift.
(2)
One medium-duty flatbed or wrecker with wheel lift.
(3)
Two heavy-duty wreckers with wheel lift. (This vehicle may be leased
with a contract of lease made available for review by the Police Department.
This vehicle must be available to the licensee 24 hours a day, seven
days a week, while the licensee is on rotation. The leasing of this
equipment shall not hinder the response time.)
(4)
The above-mentioned equipment classes (light/medium/heavy) must meet
or exceed the standards as stated herein.
(5)
Safety equipment to be carried on all trucks shall include:
(a)
Slim-jim lock tool.
(b)
J hooks and chains or tie-downs.
(c)
Snatch block.
(d)
Two high-test safety chains.
(e)
Auxiliary safety light kit (to be placed on rear of towed vehicle
that does not have functioning taillight flashers).
(f)
Rotating amber emergency lights mounted on top of truck (state-issued
permit required, and must be in a truck). If the tow operator has
any towing equipment with a red rotating light bar, then that vehicle
will not be deemed acceptable for use in the Township and may not
be utilized when determining the required equipment for licensee.
(g)
Two white work lights facing the rear of the vehicle.
(h)
Two safety cones with reflective strip (minimum height 18 inches).
(i)
One shovel.
(j)
One broom.
(k)
Steering wheel tie-down.
(l)
Two-way communication system, radio or cellular, with communication
between the licensee's base and all of the required trucks and
from truck to truck.
(m)
Jumper cables or jump box.
(n)
Toolbox with assorted hand tools.
B.
Additional required equipment. Proof from vehicle and equipment manufacturer
detailing specifications of requested equipment is required.
C.
Tow truck lettering. All tow trucks operated by the licensee shall
be permanently lettered on both sides in accordance with New Jersey
Statue, Title 39. (Newly purchased vehicles will be allowed a four-week
grace period, during which time a pair of magnetic signs shall be
used.)
D.
Required communication. The licensee shall maintain a twenty-four-hour
phone number which is manned by the licensee's personnel. Such
personnel must have constant two-way communication, radio or cellular,
with the licensee's vehicles. Answering machines, paging devices
and/or phone services may not be utilized. The licensee or an employee
of the licensee must promptly answer calls from the Police Department
to a licensee.
A.
All storage and garage facilities are to be used exclusively by the
licensee.
B.
Inside-building secured storage. Each licensee shall have an inside-building
secured storage space sufficient to accommodate at least three vehicles
for exclusive use of the Police Department in connection with vehicles
being held as evidence or under investigation. The inside vehicle
storage facility must be completely indoors, having one or more openings
in the wall for storage and removal of vehicles and that is secured
by a locking device on each opening. Inside-building secured storage
must be within five miles, by radius, of the Township of Hillside
Police Department, 1409 Liberty Avenue, Hillside, New Jersey, or located
within the established boundaries.
C.
The inside-building storage space shall be capable of being locked,
safeguarded against access by unauthorized persons and employees.
D.
Outside secured storage. Each licensee shall have an outside secured
storage area to accommodate at least 100 vehicles at any one time
dedicated to the storage of vehicles towed from the Township of Hillside.
All such storage areas must be 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 other on-site security measures. The facility is to
be lighted at night. Outside secured storage must be within five miles,
by radius, of the Township of Hillside Police Department, located
at 1409 Liberty Avenue, Hillside, or located within the established
boundaries of the Township of Hillside.
E.
Hours and conditions. The hours of recovery of vehicles from storage
shall be no less than Monday through Friday, 8:00 a.m. to 5:00 p.m.,
and Saturday from 9:00 a.m. to 1:00 p.m. The vehicle shall be made
available by the licensee immediately upon an emergency request by
the Police Department. Facilities shall be kept clean and in good
order to accommodate persons who may enter facilities with respect
to any vehicle stored therein.
F.
Unsecured outside storage. No unsecured storage area of any kind
will be permitted for use by any licensee for storage of any kind
of vehicle towed under the license.
The licensee shall at all times maintain the vehicles, equipment and storage facilities required by this chapter throughout the term of the license period. Failure to maintain the required vehicles, equipment and storage facilities throughout the license period may subject the licensee to suspension or revocation in accordance with § 279-9. The Police Chief or his designee may from time to time inspect the licensee's equipment and storage facilities to ensure continued compliance with this chapter throughout the license period.
A.
All tow truck drivers must have an appropriate, valid New Jersey
driver's license with no restrictions or conditional endorsements,
except conditions requiring glasses. Each driver/employee shall be
of good moral character, mentally alert and present a neat appearance
at all times. Drivers and employees shall behave in a professional
and courteous manner at all times when dealing with the Police Department
and the public. Possession of a commercial license with appropriate
endorsements, when required by law, shall be a minimum mandatory requirement
of this chapter.
B.
Light- and medium-duty drivers must obtain Level 1 driver certification
from a tow truck operators training course within six months of the
licensee obtaining a license to tow in Hillside Township. New hires
must obtain certification within nine months from start of employment.
C.
Heavy-duty drivers must obtain Level 2 driver certification from
a tow truck operators training course. New hires must obtain certification
within nine months from start of employment. Heavy-duty drivers must
have CDL endorsement on their licenses.
D.
A heavy-duty recovery supervisor must obtain Level 3 driver certification
from a tow truck operators training course (within nine months of
availability) and/or having training from an industry-recognized recovery
course. On the recovery scene, not all personnel need to be recovery
qualified, but a responsible recovery supervisor must have the listed
requirements.
E.
At the time of the submission of its RFQ response or at any time a new tow truck driver is assigned, the licensee shall submit to the Police Department the name, driver's license number, social security number and the date of birth of the tow truck driver prior to the driver's operation of any tow truck pursuant to a Police Department request, along with a completed background check as set forth in § 279-6C herein and the RFQ.
F.
No licensee shall employ, directly or indirectly, and no party owning
10% or more of the licensee shall employ any officers of the Police
Department, nor shall they employ, directly or indirectly, the Mayor
or any member of the Township Council and/or his/her immediate family.
G.
No licensee shall knowingly purchase equipment or services from any
business which is owned or controlled by any person who resides in
the same household as an officer of the Police Department, the Mayor
and/or member of the Township Council.
Towing and storage services shall be governed by the following
provisions:
A.
The schedule when a licensee will be on duty will be set by the Police
Department's Traffic Bureau and approved by the Chief of Police
for a period of one week. The schedule will provide for the rotation
of the two most qualified licensed towers. Towers will be responsible
to have equipment available 24 hours a day, seven days a week, while
on rotation.
B.
The licensee shall respond to all police requests for towing and/or
road service, when requested by a police dispatcher or any other police
officer expressly authorized to communicate such a request. The licensee
will respond with the number of tow trucks requested to the scene
within a reasonable time. Such reasonable time shall be deemed to
be 15 minutes under normal atmospheric conditions and within 30 minutes
in inclement weather. This may be extended in emergency situations,
such as flood or blizzards. Heavy-duty wreckers will respond within
30 minutes from when it is determined that such a vehicle is required.
C.
If a licensee is wholly or partially unable to respond due to failure
of any equipment or personnel insufficiencies, the licensee will immediately
notify the Police Department who will contact the next towing company
in the rotation to handle the request. If such an incident occurs,
the licensee will furnish in writing, within five business days, the
detail of the circumstances which caused the failure to respond to
the Police Department's Community Safety Bureau which will make
a determination if a follow-up investigation and/or inspection of
the licensee's facility is required.
D.
Tow trucks of a licensee shall not cruise roadways within the Township
for business and shall not respond to any scene where towing may be
required except upon request of the Township Police Department or
any other Police Department.
E.
No rotating or flashing lights or sirens shall be used on a tow truck
except as permitted by New Jersey Division of Motor Vehicles (DMV)
Department of Transportation (DOT) (N.J.S.A. 39:3-50), and all vehicles
operated by the licensee shall have a current permit for said lights
issued by the DOT along with all other required vehicle documents.
Unless specifically licensed to have red rotating and flashing lights,
any vehicle so equipped will not be considered for use in the Township
of Hillside.
F.
All tow trucks shall be operated in accordance with all existing
traffic regulations and in a safe and prudent manner. Tow truck drivers
will request police assistance when they find it necessary to turn
around, back up, tow in a direction opposite the flow of traffic,
cross a median or other hazardous situation during the course of providing
service or towing.
G.
Each licensee will be responsible for all vehicles and visible contents
in their custody that are towed off the roads under direction of the
police and shall assist officers in making an inventory at the scene
to note such contents of each vehicle.
H.
No vehicle will be removed from any roadway within the Township without
proper authorization from the police at the scene, or the vehicle
owner or operator, as the case may be.
I.
The investigating officer and/or supervisor at the incident scene
is in complete charge of the incident scene (excluding actual towing
operations), and all tow truck drivers shall comply with the officer's/supervisor's
instructions.
J.
Each licensee, prior to departing from the scene of towing services,
shall be required to clean and clear the roadway of any nonhazardous
debris resulting from any accident at such scene when rendering towing
services, and at all times carry the necessary equipment to perform
such cleaning services. Such equipment shall minimally include but
is not limited to a broom and shovel.
K.
In the event a licensee refuses to tow or render services at the
scene of an accident or disabled vehicle (except when a heavy-duty
tow truck is required) when requested by the police or vehicle owner/operator,
the officer assigned to the incident shall report the refusal to his
supervisor with all pertinent details.
L.
Each licensee shall be required to keep up-to-date records of all
vehicles towed in conjunction with this license. Each licensee shall
provide the Hillside Township Police Traffic Bureau with a list of
all vehicles towed by order of the police (impounded) that remain
unclaimed in storage every Friday by 12:00 noon.
M.
Vehicles impounded or confiscated by the police and stored by the
licensee shall not be released by the licensee without written authorization
by the Police Department.
Towing and storage charges shall be paid by the owner of a vehicle
towed and/or stored by a licensee at police request, and pursuant
to N.J.S.A. 40:48-2.49, such charges shall be as follows:
A.
Towing services. The following is the fee schedule for towing services.
|
Type
|
Rate
| ||
|---|---|---|---|
|
Basic Tow Rates
| |||
|
Category I (all vehicles 0 to 6,000 pounds GVW)
|
$75
| ||
|
Category II (all vehicles 6,001 to 26,000 pounds GVW)
|
$85
| ||
|
Category III (all vehicles 26,001 pounds and over GVW)
| |||
|
Single
|
$125
| ||
|
Combined unit
|
$175
| ||
|
Heavy-duty Category II and III (under-reach vehicles only)
|
$250
| ||
|
Trailers, containers, chassis and chassis with containers
|
$125
| ||
|
Extra Tow Service Rates
| |||
|
Winching cable (to be used only when vehicle left roadway),
per cable foot
|
$1.50
| ||
|
Recovery/winching (Category I and II only), per hour (1 person,
1 truck)
|
$100
| ||
|
Release brake cylinder, each
|
$15
| ||
|
Bumper removal
|
$20
| ||
|
Release air brakes
|
$15
| ||
|
Drop drive shaft
|
$15
| ||
|
Axle
|
$15
| ||
|
Jump starts
|
$25
| ||
|
Tire changes
|
$50
| ||
|
Lockouts
|
$25
| ||
B.
Storage services.
(1)
The following is the fee for per-day storage services.
(2)
Storage fees shall be charged in accordance with the following:
(a)
Vehicles stored after 1:00 p.m. will not be charged storage
for that day.
(b)
Vehicles claimed prior to 11:00 a.m. will not be charged storage
for that day.
(c)
Vehicles stored for 24 hours or less shall only be charged for
a single day.
(d)
All vehicles shall be charged at least one day for storage.
|
Storage Fees
| ||
|---|---|---|
|
Type
|
Rate
| |
|
Inside storage Category I, per day
|
$30
| |
|
Inside storage Category II, per day
|
$60
| |
|
Inside storage Category III, per day
|
$90
| |
|
Outside storage Category I
|
$20
| |
|
Outside storage Category II
|
$50
| |
|
Outside storage Category III (including combined units)
|
$75
| |
(3)
Categories.
|
Type
|
Description
| |
|---|---|---|
|
Category I
|
All vehicles 0 to 6,000 pounds GVW
| |
|
Category II
|
All vehicles 6,001 to 26,000 pounds GVW
| |
|
Category III
|
All vehicles 26,001 pounds and over GVW
|
(4)
"Gross vehicle weight" shall mean the registered weight, the manufacture's
gross vehicle weight rating, or the actual weight, whichever is greatest.
(5)
No other fees, charges or surcharges will be levied, which includes
but is not limited to: yard charges, cleanup charges, or any other
service charge not covered by the fee schedule set forth in this chapter.
C.
The licensee shall accept a minimum of two major credit cards 24
hours a day and must be able to do so both at the principal location
and by drivers on the road at the time service or tow is performed.
D.
The Township and its Police Department shall not be liable to a licensee
with respect to towing and/or service rendered to any owner pursuant
to the licensee or otherwise. The licensee shall look to the registered
owner and/or operator of such vehicle for payment of towing and/or
storage service charges or any other compensation. If the vehicle
is unclaimed by the registered owner and/or operator and the finance
company and/or lien holder claims the right to retrieve said vehicle,
then the licensee may seek compensation for the towing of the vehicle
and its storage from the date the finance company and/or lien holder
reasonably has notice of the location of the subject vehicle.
E.
If a vehicle is towed by a licensee to premises controlled by the
Police Department for the purpose of utilizing the vehicle or its
contents as evidence, or in an ongoing criminal investigation, such
vehicle shall not be released from Police Department custody, except
to the licensee, unless the owner of the vehicle furnishes the Police
Department with a receipt that all applicable fees for towing and/or
service have been paid in full. For any tows required by this section,
the Township shall be charged $1 per tow. If a vehicle is released
by the police to any party other than the licensee without proper
receipt, the Township shall be responsible for all charges, but may
pursue its remedy against the owner or other persons responsible.
F.
Township motor vehicles shall also be towed at the rate of $1 per
tow.
G.
There will be no access to towed vehicles by the vehicle owner or
his agent while the vehicle is in the tow yard until all fees have
been paid. Exceptions will be prescription drugs, prescription eyeglasses
or any other exigent circumstance as determined by the Chief of Police
or his designee.
A.
The licensee shall have in effect, prior to submission of its RFQ
response and at all times during the term of the license, the following
insurance:
(1)
Garage keepers' liability policy in the amount of $500,000 for
any one claimant, and $1,000,000 for more than one claimant with $500,000
coverage for property damage for any one event.
(2)
Automobile liability insurance issued by a financially sound insurance
corporation of, or authorized to transact business in, the state insuring
the licensee and every tow truck operator against liability imposed
by law for damages because of bodily injury, including death, sustained
by any person and injury to or destruction of property, including
the loss of use thereof, caused by accident and arising out of the
ownership, maintenance or use of the tow trucks of the licensee.
(3)
The amount of the limits of automobile liability coverage to be offered
by such policy shall be $1,000,000 for bodily injury per occurrence,
$3,000,000 for aggregate bodily injuries in each accident and $1,000,000
for property damage in each accident.
(4)
The licensee shall supply a certificate of insurance to the Township
Clerk describing every policy of insurance and identifying the Township
as an insured party. Each such certificate of insurance shall contain
a provision that no cancellation of the policy shall become effective
until after the expiration of 15 days' written notice of such
proposed cancellation forwarded by the insurance company to the Township
Clerk and Police Chief.
B.
Indemnity. The RFQ response of any towing operator for a license
pursuant to this chapter shall include an agreement by the towing
operator that upon the issuance of a license, the licensee shall indemnify
the Township against all claims of third parties relating to towing
and/or storage service of the licensee.
C.
Motor vehicle information. The Police Department shall, within three
business days, attempt to provide, when requested, towing operators
with the Department of Motor Vehicles information regarding registered
owners and lien holders. The information requested and given shall
be in conformance with N.J.S.A. 39:10A-1 et seq. and shall not in
any way violate the confidentiality that is reposed in the Police
Department.
A.
Resolution. The Township Council may from time to time adopt a resolution
changing any fees charged and/or associated with the towing and storage
of motor vehicles.
B.
Enforcement. The Chief of Police is hereby designated to enforce
the provisions of this chapter in accordance with due process of law.
C.
Copies of regulations and fees. Copies of this chapter, the fee schedules
of the licensees, and the fee schedule for towing and storage shall
be made available to the public at either Town Hall or police headquarters
during normal business hours.
D.
Objections to the fees and services by the public.
(1)
It shall be deemed a theft of services to issue payment by check
or credit card for the towing services under this chapter and thereafter
stopping payment or having insufficient funds to pay for the services
provided.
(2)
Any complaint as to services rendered by the tower or as to fees
charged are to be addressed in writing to both the Chief of Police
and the Clerk within 10 days of paying for said services. The Chief
may dismiss the complaint or recommend a refund (in whole or part).
If no objection is given, the proposed resolution by either party
within seven days shall be deemed acceptable to all.
