As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED
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.
ABSORBENT
A granulated or powder substance used to soak up fluids commonly
found in the operation of motor vehicles.
AFTER-HOURS RELEASE
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.
BASIC ENVIRONMENTAL CLEANUP
The cleanup and removal of small quantities of fluids that
are associated with the operation of a motor vehicle which leak on
the ground.
COMMON INTEREST PROPERTY
Semipublic roadways, driveways and parking areas in residential,
common interest developments. Common property of covenant controlled
communities and homeowner associations.
DISABLED VEHICLE
A motor vehicle which has been abandoned or rendered inoperable
by mechanical failure or accident.
EGG HARBOR CITY STORAGE FACILITY
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.
EXTRAORDINARY SERVICE
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.
IMPOUNDMENT
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.
INSIDE BUILDING SECURED
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.
FLAT BED
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.
MOTOR VEHICLE ACCIDENT
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.
MUNICIPAL TOWING CONTRACTOR
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.
ORDINARY CARE
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.
OUTSIDE BUILDING SECURED
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.
OWNER
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.
PERSONAL BELONGINGS
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.
POLICE
The Egg Harbor City Police Department.
PRINCIPAL LOCATION
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.
PRIVATE PROPERTY
All roadways, driveway and parking areas not common interest
property or under the jurisdiction of a public body as authorized
by law.
PRIVATE TOWING CONTRACTOR
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.
RECOVERY/WINCHING
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.
ROUTE CALLS FOR SERVICE
Repairs that can be provided to a disabled vehicle without
towing, including but not limited to flat tire changing, jump starting
and gasoline deliveries.
STORAGE FACILITY
A lawfully licensed area or lot where motor vehicles are
kept, deposited or stored on a temporary basis.
STORAGE FEES
The maximum allowable amount of storage charges to be charged
per twenty-four-hour period or any part thereof.
STORAGE SERVICES
The housing or holding of vehicles by a licensee under authority
of this chapter.
TOW VEHICLE
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.
UNCLAIMED VEHICLES
Any vehicle towed by a licensed tower under the chapter that
is left unclaimed for a period of 10 days.
VEHICLE
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.
WAITING TIME
Additional time a tow operator spends at the scene other
then the time required for the actual tow and/or recovery.
WRECKER
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. Exemptions.
(1) No license shall be required for owner-requested services.
(2) No license shall be required to remove a vehicle without
consent of the vehicle owner from private property, pursuant to N.J.S.A.
39:4-56.6.
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. 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. 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. Workers' compensation insurance insuring the obligation
of the City towing contractor under the New Jersey Workers' Compensation
and Occupational Disease Laws.
D. 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.
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.