[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.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 198.
Vehicles and traffic — See Ch. 222.
Motor-driven vehicles — See Ch. 225.
[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:
AUTHORIZED STORAGE FACILITY
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.
CONSENT TOW
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.
CRUISING
The operation of an unengaged wrecker along the public streets in any fashion intended or calculated to solicit business.
IMPOUND
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.
NONCONSENT TOW
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.
OPERATOR
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."
PASSENGER VEHICLE
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).
POLICE OFFICER
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.
RECOVERY
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.
TOW TRUCK/WRECKER
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.
TRUCK
Includes any vehicle having a gross vehicle weight exceeding four tons (8,001 pounds or more).
VEHICLE
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.
WAITING TIME
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.
WINCHING
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; 11-13-2024 by Ord. No. 2024-26]
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 five 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 five driving miles from the Township border.
[Amended 10-28-2015; 11-13-2024 by Ord. No. 2024-26]
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.
A. 
Towing fees.
(1) 
Conventional tow, vehicles with GVWR up to 10,000 pounds:
(a) 
Tow beginning between 8:00 a.m. and 5:00 p.m.: $125.
(b) 
Tow beginning between 5:01 p.m. and 7:59 a.m.: $150.
(c) 
Federal/New Jersey State holidays, 8:00 a.m. to 7:59 a.m.: $175.
(2) 
Conventional tow, vehicles with GVWR 10,000 pounds to 26,000 pounds:
(a) 
In effect 24 hours per day with the exception of federal/New Jersey State holidays: $300.
(b) 
Federal/New Jersey State holidays: $325.
(3) 
Conventional tow, vehicles with GVWR over 26,000 pounds:
(a) 
In effect 24 hours per day: $500.
(4) 
Mileage fees, to begin at the scene and ending upon arrival at the tow yard or requested destination:
(a) 
Vehicles with GVWR up to 26,000 pounds: $6 per mile.
(b) 
Vehicles with GVWR 26,001 pounds and over: $10 per mile.
B. 
Winching/recovery fees, if required, per hour:
(1) 
Standard GVWR up to 10,000 pounds: $125.
(2) 
Medium-duty GVWR 10,000 pounds to 26,000 pounds: $300.
(3) 
Heavy-duty GVWR 26,001 pounds and over: $500.
C. 
Service calls.
(1) 
Winching service without tow:
(a) 
GVWR up to 10,000 pounds: $100.
(b) 
GVWR 10,001 pounds to 26,000 pounds: $150.
(c) 
GVWR 26,001 pounds and over: $200.
(2) 
Tire change:
(a) 
Beginning between 8:00 a.m. and 5:00 p.m.: $85.
(b) 
Beginning between 5:01 p.m. and 7:59 a.m.: $100.
(3) 
Fuel delivery:
(a) 
8:00 a.m. to 5:00 p.m.: $85 plus cost of fuel.
(b) 
5:01 p.m. to 7:59 a.m.: $100 plus cost of fuel.
D. 
Miscellaneous fees.
(1) 
Scene cleanup: $50.
(a) 
$25 per additional bag of absorbent.
(2) 
Extra employee per hour: $75.
(3) 
Window cover fee of $25 per window/$75 for tarping entire vehicle.
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.
(2) 
Special towing services include, but are not limited to:
(a) 
Cranes.
(b) 
Lowboy.
(c) 
Air cushions.
(d) 
Roll-off containers.
(e) 
Any other equipment necessary for the removal and cleanup of the scene.
F. 
Storage. Storage includes vehicles taken to the contractor's yard as a result of a motor vehicle crash, impound, or disabled vehicle.
(1) 
The storage period starts at 12:01 a.m. on the day following the day the vehicle is placed into storage and ends at 12:00 midnight each day.
(2) 
Vehicles released on the same day that the vehicle is placed into storage will not incur any storage fees.
(3) 
Storage fees:
(a) 
Vehicles with GVWR up to 10,000 pounds: $50.
(b) 
Vehicles with GVWR 10,001 pounds to 26,000 pounds: $75.
(c) 
Vehicles with GVWR 26,001 pounds and over: $100.
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.
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.