[HISTORY: Adopted by the Common Council of
the City of Egg Harbor City 6-8-2006 by Ord. No. 13-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 251, Towing, adopted 11-8-1979 by Ord. No. 23-1979, as
amended.
A.Â
It is hereby declared and found that it is of vital
importance to the traveling public that disabled vehicles be removed
from the highways as promptly as possible, that delay in removal results
in retarding the movement of traffic unnecessarily and causes street
accidents, and that the towing of disabled motor vehicles in the streets
of the City of Egg Harbor is a matter affecting the public interest
and consequently should be subject to supervision and administrative
control for the purpose of safeguarding the public against fraud and
exorbitant rates and similar abuses.
B.Â
The purpose of this chapter is to establish, pursuant
to N.J.S.A. 40A:11-5(l)(u) a list of towing contractors to provide
basic towing and storage services for the City of Egg Harbor on a
rotating basis and to establish pursuant to N.J.S.A. 40:28-2.49, regulations
governing the rates and operators engaged in nonpreference towing
and storage services in the City of Egg Harbor. Said services shall
be provided tinder the supervision of the Mayor and Director of Public
Safety of the City of Egg Harbor or their designee.
As used in this chapter, the following terms
shall have the meanings indicated:
Any vehicle which is parked along any highway or other public
property or on any private property without the consent of the owner
or other person in charge of the property for a period of more than
48 hours, or for any period without current registration or license
plates, as required by law, or is positioned so as to constitute an
obstruction to traffic.
A granulated or powder substance used to soak up fluids commonly
found in the operation of motor vehicles.
An additional fee incurred by the vehicle owner for release
of his/her vehicle after business hours. After-hours release can only
occur with mutual consent of the vehicle owner and the City towing
contractor.
The cleanup and removal of small quantities of fluids that
are associated with the operation of a motor vehicle which leak on
the ground.
Semipublic roadways, driveways and parking areas in residential,
common interest developments. Common property of covenant controlled
communities and homeowner associations.
A motor vehicle which has been abandoned or rendered inoperable
by mechanical failure or accident.
Any facility or location owned or under control of Egg Harbor
City that the Police Department may direct an impounded vehicle to
be removed to.
A charge for extra manpower, equipment or additional service
that may be necessary to recover or tow a disabled vehicle. An extraordinary
service charge is not to be routinely incurred.
The act of storing and confining a motor vehicle upon an
order of the Police Department at either the towing operator's storage
area or at a City facility as a result of abandonment, involvement
in an accident, suspected criminal activity and any violation of the
New Jersey Vehicle Statutes which the police may act upon.
A vehicle storage facility that is 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. The inside
storage space shall be safeguarded against access by unauthorized
personnel.
A vehicle carrier equipped with a wheel lift and roll back/tilt
bed with dual rear wheels capable of removing and transporting small
trucks, full-size vans or large passenger cars damage free.
An occurrence in which a vehicle comes in contact with any
other object for which the vehicle 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.
A person, firm, corporation or partnership engaged in the
business of providing basic towing services, road service and storage
services for motor vehicles, licensed under authority of this chapter
to provide towing services at the request of the Police Department.
All towing services which are not basic towing services as
defined herein.
Care that is normally given to protect a motor vehicle from
further damage, including but not limited to usage of tarps for environmental
protection and security protection for storage areas.
A vehicle 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 lit at night. The facility
must be an area of at least 10,000 square feet.
A person, firm, corporation or other entity who owns, leases
and/or operates, parks or abandons a vehicle on the roads or highways
within the City of Egg Harbor, which vehicle by reason of being disabled
or unlawfully upon said road requires towing services.
Property belonging to or under control of a vehicle owner
that might be contained in a vehicle. Personal belongings do not include
items attached to the vehicle.
The Egg Harbor City Police Department.
Sufficient space at an auto-related business where the licensee
shall conduct business associated with the towing and storage of vehicles
under the authority of the towing license issued by the City of Egg
Harbor. Principal location must be staffed during business hours and
maintain a clean and comfortable waiting area with toilet facilities.
All roadways, driveway and parking areas not common interest
property or under the jurisdiction of a public body as authorized
by law.
A person, firm, corporation or partnership engaged in the
business of providing nonemergency, nonpreference towing and storage
services for motor vehicles, licensed under the authority of this
chapter to provide towing services at the request of the common interest
property association.
Any vehicle that is recovered 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. It shall also include the uprighting
of any vehicle which is overturned or on its side.
Repairs that can be provided to a disabled vehicle without
towing, including but not limited to flat tire changing, jump starting
and gasoline deliveries.
A lawfully licensed area or lot where motor vehicles are
kept, deposited or stored on a temporary basis.
The maximum allowable amount of storage charges to be charged
per twenty-four-hour period or any part thereof.
The housing or holding of vehicles by a licensee under authority
of this chapter.
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 of automobiles.
Any vehicle towed by a licensed tower under the chapter that
is left unclaimed for a period of 10 days.
Every device in, upon or by which a person or property is
or may be transported upon a highway, except devices moved by human
power.
Additional time a tow operator spends at the scene other
then the time required for the actual tow and/or recovery.
A tow vehicle with dual rear wheels capable of towing or
wheel lifting vehicles.
The Mayor or Director of Public Safety, or their
designee, and the Police Department of the City of Egg Harbor are
hereby designated to administer and enforce all provisions of this
chapter.
No towing contractor shall operate within the
City of Egg Harbor for towing and/or storage services unless the towing
operator has obtained a license issued by the City of Egg Harbor.
A.Â
No towing service, whether licensed or unlicensed,
shall respond to the scene of an accident or emergency for the purpose
of towing a vehicle unless specifically notified by the Police Department
or at the request of the vehicle owner. All persons, wreckers and
tow vehicle operators are prohibited from soliciting business at the
scenes of accidents or emergencies within the City.
B.Â
Unless another penalty is expressly provided for by
New Jersey statute, every person convicted of a violation of this
subsection shall be liable to a penalty of not more than $500 and
or imprisonment for a term not exceeding 90 days.
A.Â
License application.
(1)Â
The complete legal business name, business address
and principal location address.
(2)Â
The complete home address, home telephone number,
date of birth and social security number of the applicant, if a sole
proprietorship, or the complete home addresses, home telephone numbers,
dates of birth and social security numbers of principal officers and
partners, if the applicant is a corporation or partnership.
(3)Â
Photocopies of all registrations of every tow vehicle
to be operated by the applicant. If the tow vehicle is leased, the
applicant is required to submit a lease agreement.
(4)Â
Names, addresses and telephone numbers of any lienholders
on the principal location.
(5)Â
Name, address and telephone number of the insurer
and photocopies of each certificate of insurance.
(6)Â
Photocopies of all towing vehicle operators' current
drivers' licenses, along with their social security numbers.
(7)Â
Evidence to demonstrate that the applicant applying
for the license has at least five years' experience in the field of
towing and storage of vehicles.
(8)Â
Proof that the applicant has a principal location
and storage facility within the City of Egg Harbor.
(9)Â
Proof that the applicant's principal location and
storage facility meet all zoning requirements applicable.
(10)Â
The applicant shall provide an agreement that upon
the issuance of a license the City towing contractor shall indemnify
the City of Egg Harbor against all claims of a third party relating
to any and all claims arising from towing and/or storage services
of the licensee.
(11)Â
The applicant shall provide an affidavit that the
information given in the application is true and correct.
(12)Â
Applications will be processed according to the order
in which the City Clerk received them.
B.Â
Investigation and inspection.
(1)Â
Applications received by the City Clerk shall be referred
to the Director of Public Safety, The Director or his designee shall
initiate an investigation to be made of the applicant and of its proposed
business operation and shall perform inspections of the vehicles to
be licensed.
(2)Â
A criminal history check and driver's license check
will be performed on all persons listed in the application. Each applicant
will pay fees required by the State of New Jersey for criminal history
record information.
(3)Â
The City of Egg Harbor recognizes that the City towing
contractor must be trustworthy in that it is safeguarding vehicles
belonging to others, Therefore, to protect the public interest, the
City of Egg Harbor may disqualify any applicant wherein an employee,
owner, officer, partner, etc. that has been convicted of a crime (including
a disorderly persons' offense) or any violation that would indicate
that the applicant may not be responsible to perform in the best interest
of others.
(4)Â
The City of Egg Harbor recognizes that tow truck operators
must also be drivers who abide by the state's motor vehicle laws.
Accordingly, the City of Egg Harbor may disqualify any tow truck operator
having one or more convictions, within three years of the date of
the application or renewal thereof, of any moving violation of the
motor vehicle laws of this state, which the Director of Public Safety
or his/her designee determines will negatively impact upon the ability
of the tow truck operator to safely and properly perform the services
listed in this chapter. If the applicant is already licensed, any
conviction for any moving violation which the Director of Public Safety
or his/her designee determines will negatively impact on the ability
of the tow truck operator to safely and properly perform required
services will result in the disqualification of the tow truck operator
from performing duties associated with this chapter.
(5)Â
The City towing contractor shall notify the Police
Department in writing of any criminal charges (including disorderly
persons' offenses), motor vehicle offenses, or ordinance violations
that are issued against the City towing contractor or its employees
during the term of the license. Failure to make the proper notification
to the Police Department may result in the revocation of the license.
(6)Â
The Director of Public Safety shall have a reasonable
period of time after the receipt of the completed application to complete
the investigation and inspection and submit a written report to the
City Clerk. The report shall include recommendations that the applicant
be accepted, denied or accepted with provisions.
C.Â
Issuance of licenses and fees.
(1)Â
Upon written notification by the Director of Public
Safety that an application has been approved, the City Council shall,
at a public meeting, by resolution, consider the issuance of a license.
(2)Â
Upon approval by the City Council, the City Clerk
shall issue a license to the City towing contractor under this chapter.
Licenses are the property of the City and cannot be assigned, leased,
shared, transferred or sold to another person, corporation or proprietorship
under any circumstances.
[Amended 4-11-2019 by Ord. No. 6-2019]
(3)Â
A yearly applicant fee of $300 shall be payable to
the City of Egg Harbor.
[Amended 4-11-2019 by Ord. No. 6-2019]
(4)Â
All towing licenses will be issued for a period of
one year beginning January 1 of each year and expire on December 31.
Applications for license renewals are to be completed and returned
to the City Clerk by September 15 for the following calendar year.
(5)Â
Licenses are property of the City of Egg Harbor and
cannot be assigned, leased, shared, transferred or sold to another
person, corporation or proprietorship under any circumstances.
(6)Â
The City towing contractor shall not represent that
he/she is a servant, agent or employee of the City with respect to
said towing service but is an independent contractor and shall not
hold himself/herself out as an official member of the government of
the City of Egg Harbor or of its departments.
(7)Â
The City of Egg Harbor may issue a temporary City
towing contractor license in the event that any emergent situation
arises, for the purpose of adding additional towers or replacing a
current license, for reasons of revocation, or issued immediately,
but the applicant must submit an application within two business days.
A temporary license shall be valid for 60 days.
D.Â
Tow vehicle requirements.
(1)Â
A City towing contractor must own or lease for use,
two tow vehicles (one of which must be a medium-duty flatbed).
(3)Â
All tow vehicles must have properly authorized amber
emergency warning lights mounted so as to warn approaching traffic
of their presence.
(4)Â
All tow vehicles must comply with all applicable laws
and safety standards.
(5)Â
The City towing contractor must maintain a twenty-four-hour
telephone service for police contact All responding tow vehicles must
have two-way communications via radio or cellular phone.
E.Â
Storage facility requirements.
(1)Â
All vehicle stored under this chapter shall be stored
and protected with ordinary care to protect the vehicle from further
damage. All vehicle storage will be one level.
(2)Â
There shall be no unescorted access to the storage
area by the general public. Storage areas shall be posted against
unauthorized entry.
(3)Â
The Police Department shall have access to any part
of the storage area 24 hours a day, seven days a week, for the purpose
of inspection and investigation. Under this provision, "access" means
a contact person must be provided to provide entry.
(4)Â
No vehicle towed by the City towing contractor shall
be stored outside of the storage facility.
(5)Â
The City towing contractor shall maintain regular
hours for the release of vehicles from storage. A minimum of eight
hours a day Monday through Friday (excluding New Jersey state holidays).
Weekend releases will be by prior appointment only. Hours shall be
conspicuously posted at the City towing contractor's principal location
and the storage facility.
A.Â
The City towing contractor shall be responsible for
the basic towing services on a twenty-four-hours, seven-days-a-week
basis during the terms of his/her license.
B.Â
City towing contractors will be placed on call on
a rotating basis as determined by the Director of Public Safety.
C.Â
The City towing contractor shall be required to respond to all City
requests for towing services within 20 minutes unless unusual traffic
conditions exist. Repeated late arrivals without satisfactory cause
shall constitute grounds under which the officer in charge of the
Police Department may consider the City towing contractor in violation
of this chapter and may be grounds for immediate suspension or revocation
of said license.
[Amended 4-11-2019 by Ord. No.
6-2019]
D.Â
Nothing in this chapter shall prevent the owner or
operator of a vehicle from contacting a tower or wrecker of their
own choice to remove the vehicle from the public streets of the City
of Egg Harbor City after it has become disabled or otherwise inoperable,
unless the police officer on the scene determines that public safety
requires that the vehicle be immediately removed from the scene, at
which time the on-call City towing contractor will be summoned.
E.Â
All owners or operators of any disabled vehicle retain
the right to direct the City towing operator to remove the disabled
vehicle to a garage or workshop of their own choosing, provided that
payment or arrangement for payment for services has been made to the
City towing contractor.
F.Â
City towing contractors licensed under this subsection
shall accept a minimum of two major credit cards.
G.Â
City towing contractors shall be responsible for the
towing of vehicles from the public streets, public rights-of-way,
public easements, avenues, thoroughfares, public or quasi-public places,
including parks and playgrounds, or any other City storage facility
as directed by the Police Department.
H.Â
The City towing contractor shall remove vehicles for
storage to either the City towing contractor's storage facility or
the City storage facility as directed by the Police Department.
I.Â
Vehicles towed to the City towing contractor's storage
facility will incur charges as set forth in this chapter.
J.Â
In the event, the police direct the City towing contractor
to move the vehicle from the City Storage facility to his/her storage
facility, the owner of the vehicle will incur the cost of the additional
tow and storage fees commencing the date the vehicle is moved. The
City towing contractor that provided the original service will be
requested to provide the secondary service. Where a vehicle is stored
as a result of having been involved in a fatal motor vehicle accident
or incident, the permitted storage fees are limited to not more than
14 calendar days.
[Amended 4-11-2019 by Ord. No. 6-2019]
K.Â
The owner of any vehicle shall have the right to remove
his/her personal belongings from the stored vehicle within 24 hours
of the accident or release from the hospital. A release for personal
property must be obtained from the Police Department, listing exactly
what property is to be released. The release of personal property
will take place during normal business hours. All other personal belongings
can be removed after the owner satisfies his/her obligations with
the City towing contractor.
L.Â
The owner or agent of the owner shall have the right
to photograph the stored vehicle during normal business hours.
M.Â
If the stored vehicle is being held as evidence, the
removal of personal belongings and/or photographs will be allowed
only with the consent of the Police Department.
N.Â
When the City towing contractor has been contacted
to remove a disabled vehicle by the Police Department and then the
owner or operator of that vehicle appears prior to the City towing
contractor's arrival and requests his/her own towing service, the
City towing contractor cannot charge for the response.
O.Â
The City towing contractor will also be responsible
to clean up and remove all broken glass and debris at the scene of
accidents as per N.J.S.A. 39:4-56.8-b.
P.Â
The City towing contractor will also be responsible
for basic environmental cleanup.
Q.Â
In the event that an emergency arises and the on-call
City towing contractor cannot provide adequate service when requested
by the Police Department, another City towing contractor will be contacted
to respond.
R.Â
If no City towing contractor can perform the required
service, the Police Department may contact any available towing contractor
with the proper equipment to perform the activity. The fees for vehicles
that require this extraordinary service shall be reasonable and customary,
based upon the prevailing rate in the industry. Whenever applicable,
it shall be the responsibility of the towing contractor to first inform
the owner or operator of the estimated total cost prior to the performance
of any towing service.
S.Â
City towing contractors may not charge any owner for
any damage to his/her tow equipment or storage facilities resulting
from any towing operation.
T.Â
Prior to towing any vehicle, the City towing contractor
shall remove or secure anything that may fall from the disabled vehicle
while being towed.
U.Â
The City towing contractor will notify the Police
Department on a monthly basis, if they are in custody, of any unclaimed
police-requested, stored vehicles. The Police Department will file
for junk titles for any vehicles towed at the Police Department's
request left on the City towing contractor's premises. The Police
Department will be responsible for compliance with N.J.S.A. 39:10A-1
and will make every effort to dispose of unclaimed vehicles expeditiously.
A.Â
The rates on the City of Egg Harbor Towing and Storage
Rate Schedule[1] annexed hereto and incorporated herein by reference, represent
the maximum rate permitted under this chapter. It shall be unlawful
for any City towing contractor to charge a rate in excess of the rates
prescribed in this chapter therein for the services regulated herein.
[1]
Editor's Note: A copy of the Towing and Storage
Rate Schedule is on file in the City's offices.
B.Â
There shall be no mileage charge for any vehicle towed
under this chapter from the point of service back to the City towing
contractor's storage facility or the Egg Harbor City storage facility.
If the owner or operator designates the vehicle to be towed to another
location, then the City towing contractor can only charge for the
loaded mileage outside the boundaries of the City.
C.Â
Separate fees are incurred for each recovery action.
D.Â
On each occasion that extraordinary service is provided,
receipts of expenses incurred by the City towing contractor must be
maintained by the City towing contractor for review prior to billing
the owner of the vehicle.
E.Â
As deemed necessary, the Director of Public Safety
shall recommend to the City Council, which shall establish by resolution,
changes to the Egg Harbor City Towing and Storage Rate Schedule.
F.Â
An administrative
fee of $25 is to be charged for the processing of a tow release prepared
by the City of Egg Harbor Police Department. Such fee is to be paid
by the owner of the vehicle and collected by the City of Egg Harbor
prior to a release being issued.
[Added 6-25-2015 by Ord.
No. 10-2015]
The City towing contractor shall have in effect,
prior to application and at all times during the term of the license,
the following insurance:
A.Â
Garage keeper's liability must be maintained in the
amount of $500,000 for any one claimant, and $1,000,000 for more than
one claimant, along with $500,000 coverage for property damage for
any one event.
B.Â
Automobile insurance must be maintained and it must
be issued by an insurance corporation authorized to transact business
in the State of New Jersey. The policy must insure every tow vehicle
operator against liability imposed by law for damages arising out
of bodily injury, including death, sustained by any person and injury
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 vehicle of the City towing contractor. The amount of the limits
of liability coverage to be offered by such policy shall be $2,000,000
combined single limit.
C.Â
Workers' compensation insurance insuring the obligation
of the City towing contractor under the New Jersey Workers' Compensation
and Occupational Disease Laws.
D.Â
The City towing contractor shall supply a certificate
of insurance to the City Clerk which describes each policy of insurance
and identifying the City of Egg Harbor as an additional insured party.
Each 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 Egg Harbor City Clerk.
A.Â
The City towing contractor shall prepare and issue
to the owner/operator a written invoice for services rendered under
this chapter. The invoice shall reflect the date, time, and location
of service, the employee that performed the service and that the service
was performed at the direction of the Police Department. A copy of
the invoice shall be retained by the City towing contractor and filed
in a manner that coincides with his/her normal business practice and
will allow immediate access to such records when requested by the
Police Department.
B.Â
The City towing contractor has discretion to establish
the method of payment and forfeits all mechanic lien rights once he/she
physically releases a vehicle from his/her custody. The City will
not be held liable for or assist the City towing contractor to collect
any unpaid fees that were incurred under the provisions of this chapter.
C.Â
The City towing contractor shall incur the cost of
and shall post the rate schedule listed in this chapter in a conspicuous
location at the City towing contractor's principal location where
payment of fees are transacted.
D.Â
The City towing contractor shall incur the cost of
preparing a payment rate circular for fees listed under this chapter
and shall distribute this rate circular to all customers at no cost.
E.Â
The City towing contractor shall not release any vehicle
impounded under this chapter without written release from the Police
Department. The release form must be attached and filed with the invoice.
F.Â
All records, payment invoices and other documentation
resulting from the City towing contractor's compliance with this chapter
must be kept by the City towing contractor for a period of two years.
A.Â
At all times the City towing contractor and his/her
employees will present a neat appearance and act in a professional
and courteous manner when interacting with the public and police.
B.Â
All towing vehicles shall be operated in accordance
with all existing traffic regulations and statutes and in a safe and
prudent manner. Tow vehicle operators must request police assistance
whenever their activities will obstruct or impede traffic flow.
C.Â
The investigating officer and/or supervisor at the
scene shall maintain complete charge of the incident scene (excluding
the actual towing operations), and all tow operators shall comply
with the officers' instructions.
A.Â
The Director of Public Safety or his/her designee
shall investigate and keep a record of all complaints that are received
regarding the provisions of this chapter.
B.Â
The Director of Public Safety, with the advice and
consent of the Mayor, has the authority to suspend any license at
any time for criminal activity (including disorderly persons' offenses),
violation of applicable motor vehicle laws, or violations of this
chapter.
C.Â
The Director of Public Safety or his/her designee
shall oversee all tow vehicles used by the City towing contractors
to ensure that they are kept in a safe condition. The Director of
Public Safety or his/her designee may inspect any or all tow vehicle
at any time. If the Director of Public Safety or his/her designee
finds the equipment inadequate or unsafe, the Director of Public Safety
or his/her designee may demand immediate correction and/or suspend
the City towing contractor's license.
D.Â
The Director of Public Safety, with authorization
by the City Council, may establish additional rules and regulations
as may be necessary and reasonable to govern the issuance and the
operation of towing services and storage facilities. Such rules and
regulations, once adopted, shall be issued in writing to all City
towing contractors.
E.Â
Any City towing contractor who violates any section
of this chapter, in addition to any other penalties provided by law,
shall be subject to suspension of towing privileges for one month
for a first offense, three months for a second offense and permanently
for a third offense.
F.Â
In addition to the previous subsection, the Director
of Public may immediately revoke the City towing contractor's license
for any offense grievous in nature.
G.Â
After such revocation, the licensee may request a
public hearing before the Licensing Committee. The licensee must notify
the City Clerk, in writing, of a request for a hearing within 20 days
of the termination notice issued by the Director of Public Safety.
H.Â
In all cases, and in addition to any other penalty,
if a City towing contractor overcharges a vehicle owner, the contractor
will return the excess money paid.
Any complaint or dispute by an owner of a vehicle
that is towed with or without the owner's consent pursuant to the
provisions of this chapter shall be submitted to the Director of Public
Safety or his/her designee, who shall promptly investigate and resolve
any disputes.
A.Â
Any person or company engaged in the towing of vehicles
from common interest property shall obtain a mercantile license from
the City. At the time an application is submitted to the City Clerk,
the applicant shall provide the following information in a form acceptable
to the Clerk.
(1)Â
The full name, address and telephone number of the
company.
(2)Â
The full name, address and telephone number of each
corporate officer and shareholder.
(3)Â
Proof of general and automobile liability insurance
with a single limit coverage of not less then $1,000,000.
(4)Â
Proof of "hook insurance" with property damage coverage
of not less than $250,000 or, in the alternative, a letter from the
towing operator stating that it will be responsible for any and all
damage caused by the towing operator and both the towing company and
the common interest property association having a contract for the
removal of vehicles from the common interest property shall supply
to the City an agreement to save and hold harmless the City of Egg
Harbor from any and all claims of any nature whatsoever from any party
with respect to any towing operation conducted under the terms and
conditions of this chapter.
(5)Â
An insurance certificate shall be in effect for the
period of the mercantile license.
B.Â
All trucks utilized by the private towing contractor
shall have permanent identification on both the driver's side and
passenger's side doors with at least three-inch letters painted thereon
stating the name, address and telephone number of the owner or operator
of said vehicle. Plastic or any other removable type of identification
sign shall not be acceptable.
C.Â
No mercantile license shall be issued to a private
towing contractor unless the applicant supplies the City Clerk and
the Police Department with the address and phone number of the property
where said towed vehicle shall be stored. This property must be fenced
and lighted and shall be accessible 24 hours per day, seven days per
week.
D.Â
No vehicle may be towed by a private towing contractor
unless there is posted a sign or signs at all entrances which can
easily be read at any time of the day or night indicating the location
of the no-parking zones, the name, address and telephone number of
the towing company, the address and telephone number of the location
where the vehicle will be stored and the charge therefor.
E.Â
The common interest property association shall file
a copy of the contract between the private towing contractor and the
common interest property association with the City Clerk and the Police
Department.
F.Â
The rates chargeable by a towing company shall not
be more than $100 per vehicle up to and including 8,000 pounds GVW
and $125 for vehicles over 16,000 pounds GVW. A fifty-percent drop
fee shall be charged if the owner returns before the vehicle is towed.
The towing operator shall give the person whose vehicle is towed or
dropped a receipt.
G.Â
Storage fees may not exceed $20 per day for the first
10 days of storage per vehicle and $30 per day for any day thereafter.
H.Â
Private towing contractors licensed under this subsection
shall accept a minimum of two major credit cards, 24 hours a day and
must be able to do so both at the storage facility and by drivers
on the road at the time service or tow is performed.
I.Â
Prior to hooking a vehicle, the Egg Harbor City Police
Department must be notified so as to verify that the vehicle is not
listed as stolen or missing.
J.Â
The common interest property association shall list
who can approve the towing process. This representative shall appear
on the contract between the towing operator and the common interest
properly association.
K.Â
The vehicle shall be stored at a mainland location
within a ten-mile radius of the geographic boundary of Egg Harbor
City.
L.Â
No other means of restraint to a motor vehicle shall
be utilized other than removal from the property. "Booting" is not
permitted.
M.Â
Unless another penalty is expressly provided for by
New Jersey statute, every person convicted of a violation of this
subsection shall be liable to a penalty of not more than $500 and/or
imprisonment for a term not exceeding 90 days.
A.Â
No vehicle may be towed from a commercial business
property without appropriate notice to the vehicle owner. For the
purpose of this subsection, appropriate notice includes actual communication,
written notice or the posting of a sign or signs clearly indicating
prohibition.