[HISTORY: Adopted by the Township Committee
of the Township of Colts Neck 12-12-1991 (Ch. 64A of the 1969 Code); amended in its entirety 12-8-2010. Subsequent
amendments noted where applicable.]
[Added 10-28-2015]
The purpose of this chapter is to establish, pursuant to N.J.S.A.
40A: 11-5, Subsection (1)(u), a list of towing operators to provide
towing services for the Township of Colts Neck on a rotating basis
and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations governing
operators engaged in the removal of motor vehicles.
Certain words, phrases and terms in this chapter shall have
the following meanings:
Any building or property, other than a private garage, available
to the public, operated as a business and which is used for the storage,
repair, rental, lubrication, washing, servicing, adjusting or equipping
of automobiles or other motor vehicles and which complies with all
the provisions of the zoning or other ordinances of the municipality
in which it is located.
When someone other than the Police Department requests a
towing agency's services for the purpose of removing a vehicle. This
could include, but is not limited to, the owner or operator of a vehicle
or the owner or authorized agent of private property.
The operation of an unengaged wrecker along the public streets
in any fashion intended or calculated to solicit business.
When the Police Department orders a vehicle to be towed to
an authorized storage facility, or any other location, and the release
of said vehicle is not allowed. An impound could include, but is not
limited to, vehicles involved in serious or fatal crashes, criminal
investigations and/or stolen vehicles. Said vehicles cannot be released
until written authorization is given by the Police Department.
When the Police Department or its agents/representatives
contact the towing agency to remove and/or impound a vehicle at the
request of the police department.
The person, firm or corporation which owns or leases and
operates, or causes to be operated, a tow truck; includes the words
"owner" and "permittee."
Includes, but is not limited to, cars, station wagons, funeral
service vehicles, taxicabs, limousines, motorcycles, two-axle four-tire
campers, vans, sport utility vehicles, 4x4 vehicles, pickup trucks
and any other similar vehicles having a gross vehicle weight not exceeding
four tons (8,000 pounds).
Any regular police officer, special police officer, or parking
enforcement officer of the Township of Colts Neck, any Monmouth County
Sheriff Officer, any New Jersey State Police Officer, any Code Enforcement
Officer of the Township of Colts Neck, any Zoning Officer of the Township
of Colts Neck, or their designees.
Can be achieved by several actions which may include, but
are not limited to, winching and rigging. A recovery is when an operator
applies his/her knowledge in a skillful manner to preserve the condition
of a motor vehicle while moving it to a towable position.
A motor vehicle, including, but not limited to, a wrecker,
tow truck, wheel lift truck or flatbed truck, employed for the purpose
of towing, transporting, conveying, removing or recovering any vehicle
without causing damage to the vehicle to be towed or transported.
Includes any vehicle having a gross vehicle weight exceeding
four tons (8,001 pounds or more).
Any automobile, passenger vehicle, truck, tractor, trailer,
motorcycle, minibike, moped, go-cart, bus, skimobile, farm equipment,
all-terrain vehicle (ATV) or any other mechanically powered conveyance
which shall be or become disabled or which is required to be removed
from the scene of an accident or the removal of which is necessary
in order to safeguard the public health, safety and welfare.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include, but are not limited to, EMS services
which must be performed and/or police investigations.
The process of moving a vehicle by the use of the cable from
a position that is not accessible for direct hookup by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
onto a tilt bed or carrier, lifting a motor vehicle with a conventional
tow sling nor pulling the vehicle with a chain hooked to a wrecker.
This chapter shall apply to any operators seeking to be enrolled
on the rotating call list described herein.
[Amended 10-28-2015]
No operator shall be eligible for inclusion on the rotating call lists described in this chapter unless such operator shall obtain a permit from the Chief of Police of the Township of Colts Neck or his or her designee for each tow truck/wrecker vehicle which will respond to towing calls. All permittees must possess a storage facility as described and defined in § 213-13 physically located within the Township or no further than two driving miles from the Township border. Permittees shall be included on a rotating call list pursuant to § 213-16. The maximum number of businesses eligible for inclusion on the rotating call list where a permittee has common ownership or interest shall be two.
Applications for permits under this chapter shall be made on
forms from the Township of Colts Neck Police Department. The application
shall include the following information:
A.
The full name and address of the operator, and if a corporation the
names and addresses of all officers and shareholders thereof. Only
one corporation shall apply for any one given address. All tow trucks
used by corporation must be registered to said corporation or wholly
owned subsidiary.
B.
The classification(s) of towing for which the applicant is applying,
which shall be regular-duty and/or medium/heavy-duty. An applicant
may apply for either one or both of the aforesaid classifications.
C.
The description by make, model, license number, year, gross vehicle
weight, vehicle identification number and color of each tow truck/wrecker
for which a permit is requested.
D.
The address at which each tow truck/wrecker will be principally kept.
E.
The address of the authorized storage facility to which the towed
vehicles will be taken and at which they will be stored. If the applicant
does not own or lease an authorized storage facility, the applicant
must include a written agreement with a person who does own or control
such an authorized storage facility indicating that the applicant
has permission to store towed vehicles at that facility. This agreement
shall be for a term of not less than the period of validity of the
permit.
F.
The names, addresses and driver's license numbers of all drivers
of tow trucks/wreckers.
G.
The telephone numbers at which the Police Department may summon a
tow truck/wrecker at any time, day or night.
H.
Copies of required insurance policies or certificates of insurance.
I.
If the application is for or includes medium/heavy-duty towing, the application must also include a schedule of rates and fees, as outlined in § 213-13B of this chapter.
J.
All tow trucks must carry the ordinance rates contained herein for
review by the owners of towed vehicles or provide itemized receipts
to vehicle owner indicating the charges incurred pursuant to this
ordinance.
Applications for the initial series of permits under this chapter
shall be made to the Chief of Police within 30 days of the date upon
which this chapter is finally adopted. The first series of permits
issued hereunder shall be good and remain effective until December
31, 2011. Thereafter, permits shall be effective for a period of one
year commencing January 1 of each successive year. Applications for
permits after the initial series shall be filed no later than December
1 of the year preceding the year for which a permit is sought. No
permit issued pursuant to this chapter shall be transferable, and
upon cessation of activity under the permit, through revocation or
otherwise, the permit shall be null and void.
The Chief of Police shall cause an investigation to be made
of each applicant, his or her business location, authorized storage
facility and the vehicles for which permits are sought. A permit shall
not be issued for any tow truck/wrecker owned, leased, managed or
operated by a person convicted of a crime. Upon completion of the
local investigations and inspections called for in this chapter, the
Chief of Police shall either issue the permits applied for or, if
any such permit is refused, the Chief of Police or his designee shall
inform the applicant of the denial and the specific reason(s) therefor.
The permit shall be issued by the Chief of Police when he or she finds
that the applicant has complied with the following regulations:
A.
All requirements of this chapter and other ordinances of the Township
of Colts Neck and other municipalities and the laws of the State of
New Jersey shall be met.
B.
The tow trucks/wreckers have been properly registered and conform
to the laws of the State of New Jersey.
C.
The tow trucks/wreckers to be approved meet the required minimum
standards set forth herein.
D.
The towing operator and all drivers may be required to submit to
a fingerprinting and background investigation with the Township of
Colts Neck Police Department. The towing agency must employ drivers
who have a valid driver's license for the equipment to be operated.
The towing agency will be required to submit a list of operators and
their residential addresses and will be required to make notification
to the Police Department of any changes therein.
There are two separate classifications of tow trucks/wreckers;
they are "regular-duty" and "medium/heavy-duty." There are two separate
rotating call-out lists for these classifications. All tow trucks/wreckers
proposed to be used must be properly licensed and conform to the State
Motor Vehicle laws. No permit shall be issued to a towing operator,
in his or her respective classification, who does not possess, for
utilization in this business, the following equipment:
A.
Regular-duty tow trucks/wreckers:
(1)
At least one regular-duty tow truck/wheel lift with a gross vehicle
weight (GVW) rating of 14,000 that shall be able to tow or carry all
makes of passenger cars and small trucks, including pickup, sport
utility and small panel trucks/vans, and which must have or be equipped
with the following:
(a)
All tow trucks/wreckers shall have a minimum GVW rating of 14,000
according to the manufacturer's specifications and shall have dual
rear wheels or the equivalent.
(b)
A power-takeoff-controlled winch with a minimum cable thickness
of 3/8 inch or equivalent.
(c)
A three-eighths-inch safety chain. The lift chain and the safety
chain are not to be attached in any form or manner to the same part
of the tow truck/wrecker.
(d)
Front and rear flashing hazard lights.
(e)
A three-hundred-sixty-degree rotating amber beacon light mounted
over the cab, or an approved light bar.
(f)
All lights shall be of such candlepower and intensity as to
be visible 1/4 of a mile away.
(g)
The company name, address and phone number shall be permanently
affixed on both sides of the tow truck/wrecker. The letters and numbers
shall be a minimum of three inches in height.
(h)
Approved towing slings and/or wheel lifts.
(i)
A broom, shovel, absorbent material and sufficient equipment
to clean up any debris on the roadway. The operator must clean away
the debris at the scene.
(j)
Commercial motor vehicle plates.
(k)
A two-way radio and/or a cell phone.
(l)
Assortment of hand tools.
(2)
At least one flatbed or car carrier with a GVW rating of at least
14,000, with:
(a)
A three-hundred-sixty-degree rotating amber beacon or an approved
light bar.
(b)
A broom, shovel, absorbent material and sufficient equipment
to clean up any debris on the roadway.
(c)
Approved wheel chocks.
(d)
Four tie-down chains or grab hooks.
(e)
Commercial motor vehicle plates.
(f)
A two-way radio and/or a cell phone.
(g)
Assortment of hand tools.
(3)
At least one vehicle equipped with tie-down equipment capable of
carrying motorcycles or mopeds. This vehicle may be one of the vehicles
required above.
B.
Medium/heavy-duty tow trucks/wreckers.
(1)
At least one medium-duty tow truck/wrecker that shall be used for the hauling of trucks, buses or other vehicles that are over four tons, but not exceeding 10 tons. Medium-duty tow trucks/wreckers shall comply with Subsection A of this section pertaining to requirements for regular-duty tow trucks/wreckers. The heavy-duty tow truck/wrecker may take the place of this required vehicle. In addition to the above requirements, the medium-duty tow trucks/wreckers shall also have or be equipped with the following:
(a)
Dual rear wheels.
(b)
A power-takeoff-controlled winch with a minimum cable thickness
of 5/8 inch or equivalent
(c)
Four double-faced rear flashing amber lights mounted high enough
to be seen over the vehicle.
(d)
A one-half-inch safety chain. The lift chain and safety chain
are not to be attached in any form or manner to the same part of the
tow truck/wrecker.
(e)
Detachable amber flashing lights to be attached to the rear
of the towed vehicle.
(2)
At least one heavy-duty tow truck/wrecker shall be used for the hauling
of trucks, buses or other vehicles over 10 tons. Heavy-duty tow trucks/wreckers
shall comply with this subsection:
(a)
Vehicle must be a minimum of 25 tons with dual rear wheels.
(b)
A power-takeoff-controlled winch with a minimum cable thickness
of 5/8 inch or equivalent.
(c)
Four double-faced rear flashing amber lights mounted high enough
to be seen over the vehicle.
(d)
A one-half-inch safety chain. The lift chain and safety chain
are not be attached in any form or manner to the same part of the
tow truck/wrecker.
(e)
Air brakes.
(f)
Connecting air lines for connection with the air compressor
and air brake lines of the towed vehicle.
(g)
Detachable amber flashing lights to be attached to the rear
of the towed vehicle.
(h)
A broom, shovel, absorbent material and sufficient equipment
to clean up any debris on the roadway.
A.
Each permittee shall execute an indemnification agreement indemnifying
and holding the Township of Colts Neck and its agents/representatives
harmless from any and all claims arising directly or indirectly from
the actions of the permittee.
B.
Each permittee shall obtain and keep in effect the following policies
of insurance naming the township as an additional insured:
(1)
Worker's compensation insurance, as required by the State of New
Jersey.
(2)
A garage keeper's liability insurance policy as set forth in N.J.S.A.
39:3-84.8, not less than $500,000.
(3)
Automobile hazard 2.
(4)
Automobile liability policy as set forth in N.J.S.A. 39:3-84.8, not
less than $1,000,000 combined single limit.
(5)
Hook/cargo insurance policy as set forth in N.J.S.A. 39:3-84.8, not
less than $100,000.
C.
Each permittee shall have his or her insurance agent submit a certificate
of coverage to the Township of Colts Neck.
D.
Annual renewal.
(1)
Certificates of insurance must be submitted to the township prior
to the renewal date.
(2)
Each insurance policy required herein must contain an endorsement
providing 10 days' notice to the Borough in the event of cancellation,
revision or modification. The aforesaid insurance policies must be
in full force and effect for the entire time period the towing license
is issued, and these insurance policies must be written by insurance
companies authorized to conduct business in New Jersey and have a
satisfactory rating from the Commissioner of Insurance.
E.
If an operator to whom a permit has been issued fails to keep the
required insurance in effect, township officials may immediately suspend
the permit issued and may take from the operator the permit and any
device identifying the permit.
A.
The towing services rendered hereunder shall be provided, subject
to the following conditions:
(1)
Any tow operator shall be a professional and wear a neat-appearing
uniform specified by the tow agency owner, and should also wear a
reflective vest as an outer garment.
(2)
No person owning or operating towing apparatus under these specifications
shall permit or invite loitering within or near the tow trucks/wreckers
when in use.
(3)
No such person shall solicit, demand or receive from any person any
commission or fee except the fee for transporting or servicing the
vehicle to be towed as outlined in this chapter.
(4)
No such person shall pay any gratuity, tip or emolument to any third
persons not involved in the towing or removal of any vehicle or to
any police officer for any information as to the location of any crash
or for soliciting the employment of the operator's service.
(5)
No permittee shall engage in the conduct of cruising for tows or
service calls in the Township of Colts Neck.
(6)
The driver of the tow truck/wrecker shall be required to clean up
all broken glass and debris from the scene of any crash to which he
or she is called before the tow truck/wrecker leaves the scene of
such crash. The debris shall be placed in a suitable container and
removed by the tow truck/wrecker and in no instance shall the same
be left at curbside.
(7)
The permittee shall have sufficient staff to ensure the availability
of a towing apparatus operator on a twenty-four-hour, seven-day-per-week
basis.
A.
The Township of Colts Neck shall be permitted, at reasonable times
and intervals, to inspect all towing apparatus and all aspects of
the operation to ensure the maintenance of conditions necessary for
the safe conduct of a towing service business, in accordance with
the standards outlined in this chapter.
B.
All towing apparatus shall be maintained in good working order and
meet minimum safety standards. If, at any time, the Township of Colts
Neck shall find the equipment inadequate, unsafe or not in compliance
with the motor vehicle laws of the State of New Jersey or, in the
event that the operator fails to comply with the provisions of this
chapter, the Chief of Police or his/her designee shall notify the
operator to correct and cure such deficiencies.
C.
The Township of Colts Neck is also authorized and empowered to establish,
from time to time, such additional rules and regulations, not inconsistent
with this chapter, as may be reasonable and necessary in effectuating
and carrying out the provisions and intent of this chapter.
D.
The Chief of Police or his/her designee shall keep a record of the
names and addresses of all persons owning or operating tow trucks/wreckers
and the date and complete record of each inspection made.
A.
If in the event that the Chief of Police or his/her designee shall
determine that the terms of this chapter are being or have been violated
by a permittee, the Chief of Police or his/her designee may order
an immediate correction of any noncompliance or violation, specifying
a reasonable period within which corrections are to be made, failing
which, the Chief or his/her designee may revoke or suspend the permit.
B.
Notice of suspension or revocation shall be given to the permittee,
in writing, by the Chief of Police or his/her designee, and, if requested,
a hearing shall be conducted by the Chief of Police or his/her designee,
at which time the permittee shall be entitled to produce arguments
and evidence as to why any suspension or revocation should not be
in effect against such permittee.
C.
An appeal of a ruling of the Chief of Police or his/her designee
concerning the suspension or revocation of a permit shall be filed
with the Township Committee of the Township of Colts Neck within 14
days of the date of service of a copy of said decision upon the permittee.
The Township Committee shall conduct a hearing within 30 days of filing
or modify the revocation or suspension imposed by the Chief of Police
or his/her designee.
D.
Any person who violates any provision of a local government ordinance
shall be subject to the penalties provided under the ordinance. In
addition to the penalty provided, the Township of Colts Neck, after
notice and hearing, may revoke or suspend any permit issued or position
on a rotation list.
A.
The permittees shall have their principal place of business, garage
and/or storage facility opened to the public and operated at least
during normal business hours, Mondays through Fridays and at least
9:00 a.m. to 12:00 noon on Saturdays. These requirements do not apply
to legal holidays. The storage facility must be physically located
within the Township or no further than two driving miles from the
Township Border.
[Amended 10-28-2015]
B.
The premises to be utilized by the permittee for the operation of
a garage and the storage of motor vehicles must be a property on which
the towing and storage of motor vehicles is a permitted use under
the ordinances of the municipality in which the property is located.
At no time shall a tower store more vehicles upon the premises than
are permitted applicable ordinances or regulations.
C.
The storage facility maintained by the permittee shall be sufficient
in size to accommodate the storage, at any one time, of at least 20
passenger vehicles. This storage area must be in a secure area under
the control of the permittee only. The permittee may own or lease
more than one storage facility which will be utilized for the storage
of vehicles towed under this chapter and, in such case, the total
capacity of all such storage facilities shall be at least 20 passenger
vehicles. If more than one storage facility is utilized, the same
must be preapproved by the Police Department of the Township of Colts
Neck.
D.
The storage facility maintained by the permittee shall have sufficient
inside or covered and protected space for the storage of at two passenger
vehicles. If the permittee is requested to tow any vehicle involved
in a fatal crash or criminal investigation, that vehicle(s) shall
be stored indoors or in a covered and protected space until such time
as the investigation has been completed and the vehicle has been released
to outside storage.
[Amended 10-28-2015; 12-7-2022 by Ord. No. 2022-14]
Charges shall be paid by the vehicle owner or driver for transportation,
hauling or service of disabled vehicles or for any unoccupied vehicle
parked or standing in violation of any provisions of New Jersey State
law or the Code of Colts Neck Township, which shall be deemed a nuisance
and a menace to the safe and proper regulation of traffic, and any
police officer may provide for the removal of such vehicle by an approved
tow truck/wrecker or operator of any approved tow truck/wrecker. The
owner thereof shall pay the costs of the removal and storage before
regaining possession of the vehicle according to the following rates.
Towing and storage contractors shall not charge fees for towing or
storage more than those authorized by this chapter. Unless specified,
the fee includes waiting time.
E.
Special towing services.
(1)
If special towing services are required, the towing and storage contractor
shall quote the vehicle owner or the owner's authorized representative
directly. In the event that the owner is incapacitated, a written
copy of the price quote should be filed with the Colts Neck Township
Police Department.
F.
Storage. Storage includes vehicles taken to the contractor's yard
as a result of a motor vehicle crash, impound, or disabled vehicle.
G.
Receipt. The towing and storage contractor shall utilize the Colts Neck Township Police Department towing service receipt itemizing all charges as set forth in § 213-15 of this chapter.
H.
Violations and penalties; liability for operators who engage in a
pattern and practice of knowingly violating fee limits. Operators
who engage in removal of motor vehicles, or any employee, officer
or agent thereof who engages in a pattern or practice of knowing violation
of the fee limits set herein may be liable to the municipality for
a civil penalty of not less than $25 nor more than $50 for each motor
vehicle stored with the operator. Such penalties will be collected
in a summary manner in the Colts Neck Township Municipal Court in
accordance with the Penalty Enforcement Law of 1999.
A.
Colts Neck service receipt. All permittees shall maintain a record,
namely the Colts Neck Township Police Department towing service receipt,
of all nonconsent and consent towed vehicles from within the Township
of Colts Neck. The purpose of this record shall be to record in a
uniform manner all vehicles towed and/or stored on a form provided
by the Colts Neck Township Police Department. This record shall be
retained for a period of seven years and made available to any Colts
Neck police officer for inspection upon request and shall contain
the following information:
[Amended 10-28-2015]
(1)
The date, time and name of the tow truck/wrecker driver who towed
the vehicle and the location from which the vehicle was towed.
(2)
The physical location of the vehicle after being towed.
(3)
Identification of the towed vehicle, to include make, year, model,
color, license number and vehicle identification number and name of
the registered owner, if known.
(4)
Type of incident requested (tow, impound, consent, nonconsent, etc.).
(5)
Itemized service or fees charged.
B.
Submission of Colts Neck service receipts. The permittee shall submit
the Colts Neck Township Police Department towing service receipt for
all vehicles towed (at the request of the Township of Colts Neck Police
Department) and stored at its facility. In any event these forms shall
be submitted to the Police Department on the first day of each month.
[Amended 10-28-2015]
C.
After towing of a vehicle to an authorized storage facility, the
permittee, upon request, shall make the vehicle available to any authorized
police officer of the Township of Colts Neck (or any other authorized
officer) for a search, inventory and/or inspection of the vehicle
and any or all property.
D.
A vehicle impounded by the police shall not be released without a
written order from the Police Department.
E.
A written record shall be kept by the permittee indicating the name
of the person receiving any vehicle that was towed, the type of proof
of ownership presented and the name of the person releasing the vehicle.
F.
It shall be the responsibility of the permittee to obtain proper
proof of ownership and identification prior to the release of any
vehicle. Release of any vehicle to an unauthorized person by the permittee
may result in suspension or revocation of permits.
G.
The permittee shall submit a list of all vehicles towed (at the request
of the Township of Colts Neck Police Department) and stored at its
facility. This list shall be submitted to the Police Department on
the first day of each month. The list must include, at a minimum,
the following information pertaining to each vehicle:
(1)
Year, make, model and color.
(2)
Registration number and state of registration.
(3)
Vehicle identification number.
(4)
Officer's name requesting the tow or impound and/or police department's
case number.
(5)
The date the vehicle was towed.
(6)
Type of tow: consent, nonconsent, impound, accident, etc.
H.
At the request of the Police Department, the permittee shall provide
a copy of the invoice for each service performed by the permittee
during any period specified in said request. Each invoice, at a minimum,
shall contain the information required to be maintained by the towing
company pursuant to this subsection.
A.
The Chief of Police is hereby directed to establish a system of rotation
in the assignment of tow trucks/wreckers called the "rotating call
lists." There shall be two separate rotating call lists established,
one for regular-duty towing and the other for medium/heavy-duty towing.
The system shall be designed to provide a fair opportunity for all
permittees to participate in the towing and storage of vehicles as
authorized by this chapter. Where a permittee owns or is otherwise
interested in separate motor vehicle businesses which employ tow trucks/wreckers,
the Chief may include each separate business on the towing list notwithstanding
common ownership or interest, provided that each such business is
conducted on a separate lot as shown on the Tax Map, each such business
has its own tow truck/wreckers and is otherwise capable of furnishing
the towing and storage services called for in this chapter, and provided
further that the intent of this chapter is to afford a fair opportunity
for all permittees to participate in the program as described herein.
The maximum number of businesses eligible for inclusion on the list
where a permittee has common ownership or interest shall be two.
B.
The owner or operator of the disabled vehicle must be informed, if
possible, of the tow truck/wrecker service to be summoned prior to
the call. Should the owner or operator decline the service of the
tow truck/wrecker service on the rotation call list, the owner or
operator may request an alternative service of his or her choosing,
which will be permitted if said service can respond within a reasonable
time.
C.
The authorized towers will be responsible for and guarantee the following
performance standards:
(1)
The permittee shall dispatch tow trucks/wreckers immediately upon
receipt of notification from the Police Department and shall ensure
that the tow trucks/wreckers arrive at the scene requested within
15 minutes of the giving of such notification.
(2)
Ninety percent of all calls referred will be answered within the
response time limits outlined above.
(3)
Not more than 10% of the calls will be answered within an additional
10 minutes, day or night.
D.
In the event that the permittee, when called upon to respond by the
Police Department, is unavailable or is unable to respond, the Police
Department shall be authorized to call upon another towing service
operator, who may or may not be covered by this chapter, to respond
to the needed service or services.
E.
The permittee shall not respond to the scene of a crash or call for
service except upon notification by the Police Department or upon
the request of the driver or owner of the vehicle concerned.
F.
The Police Department of the Township of Colts Neck reserves the
right to call upon any towing operator, other than any permittee covered
by this chapter, in the event that, in the opinion of the Police Department,
special equipment and/or services not maintained by a permittee are
necessary for the prompt, efficient and/or safe removal, storage and/or
inspection of the vehicle(s) concerned. This is particularly with
reference to serious/fatal motor vehicle crash investigations, criminal
investigations, stolen vehicles, construction equipment or vehicles
presenting spent or hazardous circumstances, such as vehicles carrying
toxic, flammable, explosive or environmentally sensitive material.
The Police Department shall also determine the location where these
vehicles will be stored.
G.
The Police Department of the Township of Colts Neck also reserves
the right, in circumstances when more tow trucks/wreckers are required
at a given crash scene or at a given time, to call upon one or more
other permittees to respond to the dispatch of the Police Department
when necessary so as to protect the public health, safety and welfare.
A.
Each application for a permit shall be accompanied by a fee of $450
per business with a registration fee of $40 per tow truck/wrecker
for the year applied for and all subsequent years. If said application
is rejected, 1/2 of the application fee and all of vehicle registration
fee shall be refunded by submitting a properly executed voucher.
B.
All the permit fees provided for in this section must be accounted
for by the Township of Colts Neck and deposited in the local treasury,
as required by N.J.S.A. 40A:5-15.
A.
All vehicles stored by a permittee as a result of nonconsent tows,
which are not claimed for by the legal owners, shall be disposed of
in accordance with N.J.S.A. 39:10A-1 through 39:10A-7, also known
as the "Abandoned Vehicle Law." The permittee must make written notification
to the Police Department of the Township of Colts Neck that the said
vehicle(s) are still in his/her possession and meet the requirements
set forth in N.J.S.A. 39:10A for disposal. The Police Department shall
take the appropriate action as outlined in N.J.S.A. 39:10A, as may
be amended.
B.
All vehicles stored by a permittee as a result of consent tows, which
are not claimed by the legal owners, shall be disposed of in accordance
with P.L. 1964, c. 81 (N.J.S.A. 39:10A-1 et seq.), P.L. 1983, c. 455.[1] The permittee shall take all necessary actions and bear
all expenses outlined by Motor Vehicle Services pursuant to current
laws.
[1]
Editor's Note: See N.J.S.A. 39:10A-8.
C.
It shall be the duty of the permittee to promptly notify, in writing,
the Police Department of the Township of Colts Neck when a vehicle
has been removed from storage as a result of any actions outlined
in subsections above.
D.
The Police Department will, at the permittee's request, supply available
information as to the owner of a vehicle, the owner's last known address
and any other reasonable data that may be of assistance.
A violation of any provision of this chapter shall be punishable as provided in § 1-9 of this Code.
If any section, paragraph, subparagraph, clause or provision
of this ordinance, Code or chapter shall be adjudged invalid or unenforceable,
such adjudication shall apply only to the section, paragraph, subparagraph,
clause or provision so adjudged, and the remainder of this ordinance,
Code or chapter shall be deemed valid and effective.
