A.
Its 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 Township of Galloway 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.
The purpose of this ordinance is to establish, pursuant
to N.J.S.A. 40A:11-5(1)(u) a list of towing contractors to provide
basic towing and storage services for the Township of Galloway on
a rotating basis and to establish, pursuant to N.J.S.A. 40:48-2.49,
regulations governing the rates and operators engaged in nonpreference
towing and storage services in the Township of Galloway. Said services
shall be provided under the supervision of the Chief of Police of
the Township of Galloway or his designee.
C.
In addition to the regulation of towing contractors which provide
services to the Township of Galloway, the regulation of private towing
contractors is also appropriate for the protection and welfare of
the public.
[Added 6-25-2013 by Ord. No. 1866]
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 vehicle after business hours. After hour release can only occur
with mutual consent of the vehicle owner and the municipal towing
contractor.
The cleanup and removal of small quantities of fluids that
are associated with the operation of a motor vehicle which leak onto
the ground.
The removal and transportation of a vehicle at the request
or call of authorized personnel or members of the Police Department
as may be required when abandoned, disabled, damaged in accidents,
illegally parked, recovered after being stolen or in cases of emergency
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 a vehicle.
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.
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.
Any facility or location owned or under control of the Township
that the Police Department may direct an impounded vehicle to be removed
to.
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 Township facility as a result of abandonment, involvement
in an accident, suspected criminal activity and any violation of the
New Jersey Motor Vehicle Statutes in 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.
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 4,000 square feet.
A person, firm, corporation or other entity who owns, leases
and/or operates, parks or abandons a vehicle on the roads and highways
within the Township of Galloway, which vehicle by reason of being
disabled or being unlawfully upon said roads 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 Galloway Township 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 Township of
Galloway. Principal location must be staffed during business hours
and maintain a clean comfortable waiting area with toilet facilities.
All roadways, driveways and parking areas not common interest
property or under the jurisdiction of a public body as authorized
by law, including business, commercial and institutional property.
[Amended 6-25-2013 by Ord. No. 1866]
A person, firm, corporation or partnership engaged in the
business of providing nonemergency, nonpreference private towing services
under the authority of this chapter at the request of private property
owners and common interest property associations. This includes towing
from commercial business properties.
[Amended 6-25-2013 by Ord. No. 1866]
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.
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 or transport of automobiles.
Any vehicle towed by a licensed tower under this 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
than 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 Chief of Police, his designee and the Police
Department of the Township of Galloway are hereby designated to administer
and enforce all provisions of this chapter.
