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.
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.
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.
- AFTER HOUR RELEASE
- 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.
- BASIC ENVIRONMENTAL CLEANUP
- The cleanup and removal of small quantities of fluids that are associated with the operation of a motor vehicle which leak onto the ground.
- BASIC TOWING SERVICE
- 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.
- 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.
- 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.
- GALLOWAY TOWNSHIP STORAGE FACILITY
- 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.
- 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.
- 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.
- NONBASIC TOWING SERVICES
- All towing services, which are not basic towing services, as defined herein.
- 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 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.
- 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.
- The Galloway Township 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 Township of Galloway. Principal location must be staffed during business hours and maintain a clean comfortable waiting area with toilet facilities.
- PRIVATE PROPERTY
- 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]
- PRIVATE TOWING CONTRACTOR
- 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.
- ROUTINE 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.
- 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 or transport of automobiles.
- UNCLAIMED VEHICLE
- 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.
- WAITING TIME
- 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.