[HISTORY: Adopted by the Board of Commissioners
of the City of Ventnor City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-17-2007 by Ord. No. 2007-4[1]]
[1]
Editor's Note: This ordinance also repealed
former Ch. 208, Towing, adopted 9-9-1963 by Ord. No. 12-1963.
For the purpose of this chapter the following
terms, phrases, words and their derivations shall have the meanings
given herein:
A motor vehicle of a private passenger or station wagon type
that is owned or leased 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 a panel
truck or a camper-type vehicle used for recreational purposes owned
by an individual or by husband and wife who are residents of the same
household, not customarily used in the occupation, profession or business
of the owner(s).
The removal and transport of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility, and other services normally incident thereto, but
does not include recovery of an automobile 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.
Any vehicle other than that defined as an "automobile" pursuant
to the definitions as contained in this chapter.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the owner or operator
of the motor vehicle even if they were caused by the intentional acts
of a perpetrator where the perpetrator was not the owner or operator
of the motor vehicle.
The standing or waiting of a vehicle on any private or quasi-public
property.
The maximum allowable amount of storage charges to be charged
per twenty-four-hour period or a fraction thereof. Each new twenty-four
hour period begins at 12:01 a.m.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
A.
The Mayor and Commission shall appoint persons or
companies meeting the criteria set forth in this chapter and engaged
in the business of offering the services of a motor vehicle towing
or wrecker service, whereby damaged or disabled motor vehicles are
towed or otherwise removed from the place where they are damaged or
disabled, by use of a tow vehicle, as defined in this chapter. Such
persons or companies shall be known as "official towers."
B.
Official towers shall be identified by means of a
license that shall be issued in accordance with the provisions of
this chapter.
C.
Not less than 120 days prior to the beginning of each
two-year term of official towers' licenses, the City shall advertise
for applications for towing licenses for providing towing service
pursuant to this chapter. The advertisement shall be published in
the official City newspaper.
[Amended 5-21-2009 by Ord. No. 2009-12]
D.
All applicants shall submit their applications at
least 90 days prior to the commencement date for each two-year period,
and the applications shall be reviewed in accordance with the procedures
set forth in this chapter. The award of a license to the successful
applicants shall be subject to compliance with the license requirements
of the chapter.
[Amended 5-21-2009 by Ord. No. 2009-12]
E.
For the purposes of the licenses to be awarded pursuant
to this chapter in the year in which it is adopted, the initial term
of the license shall be from the date the license is issued until
December 31, 2008. Licenses issued thereafter shall be for a two-year
period commencing on January 1 of the year in which it was issued
and terminating two years thereafter on December 31.
F.
Notwithstanding the provisions of this chapter that
provide for a two-year term of the license, official towers shall
submit, no later than December 1 of each year that the towing license
is in effect, a detailed certification certifying that the official
tower meets the requirements of this chapter in regard to the issuance
of licenses. The certification shall be submitted to the Chief of
Police for his review and approval. Failure to submit the certification
or failure to continue to abide by the requirements of this chapter
in regard to the issuance of a towing license shall subject the official
tower to revocation of the license in accordance with the procedures
contained herein.
A.
Official towers shall furnish adequate and proper
wrecking, towing and storage of motor vehicles damaged or disabled
within the limits of the City of Ventnor when requested to do so by
the Chief of Police or his authorized designee.
B.
No official tower shall subcontract any work to be
performed pursuant to this chapter without having first obtained prior
written approval from the Chief of Police, except for the use of heavy
equipment in time of emergency. Any official tower to whom approval
to subcontract work has been given shall be responsible for the services
performed by the subcontractor and shall remain liable for any violation
of this chapter by the subcontractor.
C.
Storage area (tow lot). The official tower will provide
and maintain, at his/her cost and expense, a storage area for all
vehicles towed pursuant to the direction of the Police Department.
Such tow lot shall not be located more than five miles from Ventnor
City Hall. The City of Ventnor City shall have no responsibility for
costs or expenses associated with said storage facility and likewise
shall have no rights or obligations concerning its operation.
[Amended 5-21-2009 by Ord. No. 2009-12; 1-26-2023 by Ord. No. 2023-02]
D.
Removal and towing of vehicles.
(1)
The official tower shall remove and tow to his/her
storage facility (tow lot) all vehicles as directed by the Ventnor
City Police Department which are towed as a result of, inclusive of
but not limited to, abandonment, accidents, traffic violations, theft,
being disabled, police investigations or suspected involvement in
a criminal activity, unless otherwise directed. The decision on when
a vehicle fits the above criteria for removal and towing shall be
made by the Ventnor City Police Department, and the official tower
shall have no responsibility for the same.
(2)
In the event that the official tower has been summoned
by the City for the purpose of towing a vehicle and the owner of the
vehicle arrives on the scene prior to the removal of the vehicle by
the official tower, the owner may be charged by the official tower
the drop fee listed in the fee rate schedule only if the vehicle in
question has been actually hooked up to the tow truck.
(3)
The official tower shall be responsible for the towing
of any disabled City-owned vehicles as per the approved fee schedule,
when requested by the City, including the changing of tires on those
vehicles.
(4)
The official tower will be responsible to clean up
all broken glass and debris at the scene of accidents.
(5)
Prior to the official tower towing any vehicle from
any portion of the beach located in Ventnor City, he/she shall first
contact the Police Department and secure permission to enter upon
the beach and tow the vehicle. The official tower shall take all necessary
steps to prevent damage to the beach, sand dunes, or bulkhead in towing
any vehicle from the beach. The official tower shall be responsible
for any damage to the beach, sand dunes, vegetation, snow fence, bulkheads
or any other structure located on or adjacent to the beach as a result
of the tow operation.
(6)
The official tower shall have the right to utilize
another towing contractor to perform towing services upon the beach,
if the official tower believes his equipment is inadequate or insufficient
to accomplish the towing. In the event that another towing contractor
performs the towing, the fees shall be those specified in the contract,
and said towing contractor shall comply with all the terms and conditions
of the original contract.
A.
Applications for inclusion on the official towers
list shall be made to the Mayor and Commission upon a form prepared
by the Chief of Police and approved by the City Attorney and shall
contain all of the following information:
(1)
The name, residence and business address and telephone
number of the owner of the towing company. If the owner is a corporation,
the application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)
Such information as may be required by the Mayor and
Commission concerning the personnel, vehicles, equipment and storage
facilities of such application, as hereinafter provided, showing that
the applicant meets the minimum standards of performance.
(3)
A certificate or certificates of insurance evidencing
adequate insurance coverage as hereinafter provided.
(4)
The names and addresses of two business references
who have known the applicant for at least two years.
(5)
Certification that the applicant will be able to provide
towing services anywhere in the City with a maximum response time
of 20 minutes, except when extraordinary circumstances occur.
(6)
Certification that the applicant will be available
for service on business premises 24 hours a day and that he/she will
abide by the approved fees contained in or referred to in this chapter.
B.
The applicant shall submit completed duplicate applications
to the City Clerk, who shall forward a copy to the Chief of Police
for his review and approval. The review by the Chief of Police shall
consist of the following:
(1)
A background check to determine if either the applicant
or the applicant's personnel have been convicted of a criminal offense
or have had their driver's licenses suspended or revoked within the
past year. Conviction of a criminal offense or suspension of driver's
license within the past year shall be a cause for disqualification
from inclusion on the official towers list.
(2)
An inspection of the personnel, vehicles and equipment
proposed to be utilized by the applicant to verify the accuracy of
the information contained in the application and to determine compliance
with applicable laws and regulations and the standards of performance
required by this chapter.
C.
An applicant may be included on the official towers
list by the Mayor and Commission, by resolution adopted at a regular
public meeting, when, from a consideration of the application and
from such other information as may otherwise be obtained, they find
that all of the following circumstances exist:
(1)
The applicant has not knowingly and with intent to
deceive made any false, misleading or fraudulent statements of material
fact in the application or in any other document required pursuant
to this chapter.
(2)
The applicant has met the standards in this chapter
and has furnished the required hold harmless agreement and certificates
of insurance.
(3)
The application has been reviewed and approved by
the Chief of Police.
(4)
Neither the applicant nor the applicant's personnel
have been convicted of a criminal offense or had their driver's licenses
suspended within the past year.
D.
The Chief of Police shall conduct his review and render
a report to the Mayor and Commission recommending either approval
or denial of the application. The Mayor and Commission shall take
action with regard to the application after receipt of the report
of the Chief of Police. The applicant or his/her representative shall
be given notice of the date on which the Mayor and Commission will
consider the application and shall be permitted to appear and be heard
at that time.
E.
Written notice of the approval or denial of the application
shall be provided to the applicant within seven days of the decision
of the Mayor and Commission.
F.
If the Mayor and Commission fail to take action within
30 days of receipt of a complete application, the application shall
be deemed to have been denied.
A.
Upon approval of the application as herein provided
and payment of the required fees, the City Clerk shall issue the applicant
an official tower's license for each tow vehicle or flatbed vehicle
to be utilized in providing services pursuant to this chapter.
B.
The licenses, which shall be in a form approved by
the Mayor and Commission, shall be displayed on the tow vehicle or
flatbed vehicle at all times.
C.
The licenses shall be valid for the two-year period
as set forth in the chapter, shall be nontransferable and shall be
subject to revocation by the Mayor and Commission for any of the following
reasons:
D.
Each license granted shall entitle the licensee to
operate a towing business or to drive a tow truck in the City of Ventnor
for a period of two years, from January 1 to December 31 of the succeeding
year.
E.
The mercantile license fees are set forth in Chapter 114, Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Licenses shall not be transferable from one vehicle
to another without the consent of the Chief of Police. Consent may
be granted at the sole discretion of the Chief of Police, if the licensee
demonstrates that the transferee vehicle complies with all of the
requirements of this chapter.
To qualify for inclusion on the list of official
towers, applicants must meet the following minimum standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available
to render services required by this chapter a minimum of one regular
tow vehicle and one flatbed vehicle.
(2)
Vehicle classes:
(a)
Regular tow vehicles must be equipped with a
boom or winch assembly mounted on the chassis, a dolly assembly, a
tow sling or wheel lift assembly and at least 100 feet of either three-eighths-inch
or seven-sixteenths-inch cable attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed which slides or tilts to accommodate
transporting of vehicles.
(3)
Every official tower shall have available a heavy-duty
wrecker, and under reach shall be rated at 35,000 pounds and shall
be capable of towing new-style buses and trucks with fiberglass front
ends.
(4)
All equipment shall comply with all state and federal
regulations, and all vehicle operators shall possess a CDL license
for over 26,000 pounds.
(5)
Each applicant shall submit, along with his/her application,
proof of ownership or lease of the vehicles which will be utilized
to provide services pursuant to this chapter.
B.
Minimum equipment requirements.
(1)
Every tow vehicle or flatbed vehicle shall be equipped
with the following:
(a)
At least one amber rotating beacon or strobe
light mounted on the highest practical location of the vehicles, visible
from 360° when in use and visible at a minimum distance of 500
feet during daylight hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for
towing vehicles at night, amber colored.
(d)
Extra chains and cable for pulling or securing
a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar
or pry bar, a set of jumper cables, a flashlight, one two-pound or
larger fire extinguisher of dry chemical type, one dozen flares or
similar warning devices for placement at the scene of an accident
or behind a disabled vehicle, at least 10 pounds of dry sand or a
drying compound for gasoline and oil spilled onto the roadway and
a sufficient quantity and types of tools to enable the tow operator
to perform proper and adequate emergency repair services for the tow.
(2)
Every tow vehicle or flatbed vehicle shall comply
with any and all state, federal and local laws, regulations and ordinances
pertaining to safety, lighting and towing equipment requirements and
shall be subject to inspection by the Chief of Police or his designee
at any time. No changes may be made in said vehicles or equipment
unless prior written approval is obtained from the City.
(3)
Every tow vehicle or flatbed vehicle shall display
the official tower's license and shall have the name of the official
tower displayed on the vehicle in such manner and of such lettering
as conforms to the provisions of N.J.S.A. 39:4-46.
C.
Minimum personnel requirements. Official towers shall
have available, at all times, a minimum of two persons to provide
the services required by this chapter. All persons employed by official
towers to provide the services required by this chapter shall meet
the following requirements and be subject to the following regulations.
They shall:
(1)
Be competent mechanics able to provide minimum road
service for disabled vehicles.
(2)
Have a valid driver's license having no restrictions
or conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(3)
Be mentally alert and present a neat appearance at
all times.
(4)
Obey all traffic laws and regulations.
(5)
Be subject to inspection by the Chief of Police or
his designee and shall be approved by the Chief of Police prior to
rendering any services pursuant to this chapter.
(6)
Not have been convicted of a crime nor had their driving
privileges suspended or revoked within the past year. [Note: The one-year
provision only applies to driver's license suspension or revocation.]
A.
Official towers shall be placed on the official towers
list at the beginning of each two-year period in accordance with the
procedures as set forth in this article. The official towers list
shall consist of a maximum of three companies. If more than the maximum
number of companies apply, priority will be given to those companies
who have performed satisfactorily for the City in the past. The official
towers shall rotate on the list for one month at a time or for such
a period as designated by the Chief of Police in accordance with his
rule-making authority under this article. Unless otherwise changed
by the Chief of Police under his rule-making authority, the one-month
rotation shall commence at 12:00 midnight on the first day of each
month and terminate at 11:59 p.m. on the last day of the month.
[Amended 5-21-2009 by Ord. No. 2009-12]
B.
The City shall request wrecking, towing and storage
services from each official tower in rotation. When called, the tower
shall advise the dispatcher if a vehicle is available and the estimated
time of arrival. If a tow vehicle is not available or if, in the discretion
of the City official making the request, the response time is insufficient
under the circumstances to properly protect the public health, safety
or welfare, the next official tower on the list shall be called for
that particular towing event. The official tower who is at the top
of the list, however, shall remain on the top of the list for any
subsequent calls until that tower's one-month period at the top of
the list is finished.
C.
All requests for service shall be at the direction
of the Chief of Police, his authorized designee or an authorized representative
of the City of Ventnor.
D.
The City shall request service only from official
towers; provided, however, that if no emergency or road hazard exists,
the City shall request such service from such other towing service
as the owner of the motor vehicle in need of such services may request;
and provided further that if none of the official towers are available
or able to provide such services as are requested by the City, or
if an emergency exists, the City may request such services from any
other available source.
E.
During adverse weather conditions, heavy traffic conditions
or emergency conditions, official towers shall give priority to requests
from the City of Ventnor over any other requests which may be received
by the official towers.
The applicant shall agree, in writing, to assume
the defense of and to indemnify and hold harmless the City of Ventnor,
its elected officials, boards, commissions, officers, employees and
agents from all suits, actions, damages or claims to which the City
of Ventnor may be subjected of any kind and nature whatsoever resulting
from, caused by, arising out of or as a consequence of the provisions
of towing, wrecking, storage and/or emergency services provided at
the request of the City of Ventnor pursuant to this chapter. Official
towers shall enter into a hold harmless agreement in a form to be
prepared by the City Attorney prior to being included on the official
towers list.
A.
No person shall be included on the official towers
list unless and until such person has provided to the City a certificate
or certificates of insurance evidencing that there is in effect the
following insurance coverage:
(1)
Automobile liability insurance in an amount not less
than $1,000,000 combined single limits.
(2)
Workers' compensation as required by law.
(3)
Sufficient comprehensive general public liability
insurance to protect the City of Ventnor from any liability, loss
or damage arising out of the activities to be conducted. Such insurance
shall be in the minimum amount of $1,000,000 for each person and $3,000,000
for each incident.
B.
Policies of insurance shall contain endorsements to
provide collision coverage for vehicles in tow.
C.
Policies of insurance shall be written by insurance
companies authorized to do business in the State of New Jersey. Insurance
companies shall be acceptable to the City of Ventnor and shall have
at least a B+ rating by a recognized rating service.
D.
The City of Ventnor City shall be named as an additional
insured on all policies of insurance provided pursuant to this chapter.
All certificates of insurance shall provide that the policies may
not be canceled or terminated or the coverage decreased without a
thirty-day written notice to the City.
E.
Policies of insurance required by this chapter shall
be maintained in full force and effect at all times. In the event
that any coverage is canceled, terminated, interrupted or decreased
in amount, notice shall immediately be made by the official tower
to the City of Ventnor, at which time that tow company shall be removed
from the official towers' list until such time as the required coverage
is reinstated or replaced.
A.
Approved fees are set forth in Chapter 114, Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
There shall be no charge for towing of any motor vehicle
or impounding of a motor vehicle for police investigative purposes
at the direction of the Chief of Police or his designee.
C.
The official tower shall provide, at his/her expense,
a printed rate card, four inches by six inches, which will be provided
to the Police Department for distribution to vehicle owners at the
scene of an accident or when requesting a vehicle release authorization
from the Police Department. The rate card shall provide information
on claiming a vehicle, the name of the business, its owner, and the
tower's license number, as well as the business location, telephone
number and hours of operation for the public. The card shall also
state its rates for towing services and include all methods of payment
accepted.
[Amended 5-21-2009 by Ord. No. 2009-12]
D.
All prior damage to towed vehicles is to be reported
immediately to the Police Department for entry into the tow log.
E.
The official tower, at his/her expense, will prepare a printed bill for distribution to the customer, reflecting the amount to be paid in accordance with the approved fees stated on the printed rate card and Chapter 114, Fee Schedule.
F.
There shall be no additional fees charged by the official
towers other than those listed in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Storage rates are in an amount set forth in Chapter 114, Fee Schedule. Any dispute regarding storage fees and proper notification to owners or dates of storage shall be resolved by the Chief of Police or his designee.
A.
The City of Ventnor will not be responsible to the
official tower for the collection or payment of any charges for towing
and /or storage regardless of where the vehicle is stored, regardless
of by whom the vehicle was towed, and regardless of the reason for
towing, inclusive of but not limited to abandonment, accidents, traffic
violations, theft or police investigations.
B.
The City of Ventnor will not be responsible to the
official tower for any charges due as a result of towing and/or storage
of any vehicle, nor will it assist the official tower in collecting
any towing or storage charges for any vehicle, whether it has been
stolen, abandoned or involved in an accident or traffic violations
and regardless of where the vehicle is stored.
A.
Copies of this chapter and the schedule of fees that
may be charged by official towers shall be made available to the public
during normal business hours at the Municipal Clerk's office, City
Hall. Copies shall also be made available to the public at each official
tower's place of business.
B.
All official towers shall post, in a prominent place
at each storage area clearly visible to the public, a schedule of
the fees that may be charged for all services provided pursuant to
this chapter.
C.
The City of Ventnor reserves the right to make periodic
unannounced inspections of the personnel, vehicles, equipment and
storage areas of all official towers.
D.
The relationship between an official tower and the
City of Ventnor is one of an independent contractor. Neither party
shall be construed in any manner whatsoever to be an employee of the
other, nor shall any employee or agent furnished by any party be construed
to be an employee or agent of the other party. Inclusion on the official
towers' list shall not be construed or considered as a joint venture,
partnership, association, contract of employment or profit-sharing
agreement.
E.
The municipality shall not be liable or responsible
for compensating the official towers for any of the services performed
under this chapter unless those services are performed for the City-owned
vehicles. Compensation shall be the responsibility of the owner of
the towed motor vehicle, and the official tower shall proceed directly
against the owner.
F.
The official tower shall, at all times, be solely
responsible for the conduct of his/her employees.
G.
Each official tower shall keep and maintain adequate
and complete records showing all vehicles towed, stored and released,
all services rendered and all fees charged and collected. All records
shall be available for inspection by the City of Ventnor at any time
during normal business hours. Records shall be kept and maintained
by the official tower at one central location and shall be retained
for a period of seven years. Records may be written, printed or computerized
as long as the requirements of this subsection are met.
A.
In the event that a complaint is received by the City
involving the improper conduct or actions of the tower, unsatisfactory
performance of services by an official tower, or excessive charges
or damage to a motor vehicle while in the custody of the tower, written
notice of the same shall be provided by the City Clerk to the official
tower involved. The tower shall have the opportunity to respond, in
writing, within five days.
B.
Within 14 days of receipt of the tower's response,
or within 21 days of receipt of the complaint if no response is received,
the matter shall be presented by the City Clerk to the Mayor and Commission.
C.
The Mayor and Commission shall consider the matter
at a regular public meeting and may request that the complainant and
the tower involved appear and give testimony regarding the complainant.
D.
If, after considering the matter, the Mayor and Commission shall determine that one of the causes for revocation of the official tower's license as set forth in § 208-5C exists, the license shall be revoked and the tower shall surrender the same to the City Clerk within one day.
E.
Failure to surrender the license upon revocation shall
constitute a violation of this chapter.
F.
Nothing contained herein shall prevent or limit the
right of any person to commence or maintain an action for damages
or any other relief directly against an official tower in a court
of competent jurisdiction.
A.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not
to exceed $1,000; and each violation of any of the provisions of this
chapter and each day the same is violated shall be deemed and taken
to be a separate and distinct offense.
B.
In addition to the fine provided above, a violation
of any of the provisions of this chapter shall be cause for revocation
of the official tower's license.
