[HISTORY: Adopted by the Township Committee
of the Township of Readington 5-17-2004 by Ord. No. 23-2004. Amendments noted
where applicable.]
A.
No towing operator on or after January 1, 2004, shall
operate within the Township of Readington for police-requested towing
services and/or storage services unless the towing operator has obtained
a license issued by the Township of Readington.
B.
The requirement for an initial license under this
chapter shall commence on January 1, 2004, and the initial license
shall expire on December 31, 2004. Thereafter, the license shall be
issued on an annual basis for the period of January 1 through December
31 of the following year.
C.
There shall be a limitation on the number of licenses
issued and in effect at one time. The Chief of Police will determine
the number of licenses in effect.
D.
The application for a license under this chapter shall
be upon forms made available through the Office of the Township Clerk.
Owner-requested service. No tow operator license
shall be required for the on-site repair and/or the towing or storage
of any vehicle when the request is received by the towing operator
from the motor vehicle owner/operator prior to a police request or
if the owner/operator of a motor vehicle requests the police contact
a tow company of the owner/operator's choice for towing and/or storage
under the direction and control of the owner/operator.
A.
Upon this chapter becoming effective, applications
for the initial license shall be available from and must be received
by the Township Clerk. Thereafter, for a new license or renewal thereof,
the applications must be received by the Township Clerk prior to November
1 of each year for processing prior to December 1 of the license year.
B.
The Township Clerk will forward all complete applications
to the Chief of Police within five days of receipt. The Chief of Police
will conduct, or cause to be conducted, an investigation of each application
to verify the information contained in said application, background
check, survey of equipment, compliance with established rules and
regulations, and such other pertinent matters related to potential
licensing or renewal. Upon concluding the review, the Chief of Police
will return a copy of the application to the Township Clerk, along
with a recommendation for approval or disapproval of a license, and
the reasons, if any, for disapproval. The Township Clerk shall issue
a tow operator license to each qualified applicant, and thereafter,
the licensee's name shall be placed on the Readington Township Police
Department licensed tow operators' list. The Clerk shall forward to
any person rejected for a license a copy of his application with the
reasons for disapproval.
C.
The term of the license shall be for one year commencing
January 1 and expiring on the next succeeding December 31 and shall
list the name of the tow operator business and each employee licensed
thereunder.
D.
Each licensee shall be required to maintain in full
force and effect during the term of its license, insurance coverage
including garage liability and garage keeper's liability insurance,
comprehensive automobile liability insurance, and worker's compensation
insurance with limits of not less than those set forth in the Tow
Operators Rules/Regulations and Guidelines (which are on file in the
Municipal Clerk's office), and provide proof of such coverages to
the Township Clerk at the time of filing of its license application.
E.
In the event of any disapproval, suspension or revocation
of a license for failure to comply with this chapter or the Tow Operators
Rules/Regulations and Guidelines (which are on file in the Municipal
Clerk's office), no refund of application fees shall be given, and
payment of another initial application fee shall be required upon
applying for reinstatement.
Application fees. All application fees submitted
to the Township are nonrefundable and shall be utilized to offset
the cost of processing of the said application and license.
A.
The Police Department of the Township of Readington
may conduct a thorough background check of the licensee, its officers,
principals, and employees prior to the granting of a license. A conviction
for any offense and/or a motor vehicle record evidencing unsafe driving
habits or a disregard for the New Jersey Motor Vehicle Laws will be
considered ample reason to disqualify any applicant or a particular
employee. Each prospective licensee shall furnish with its application
a current driver's abstract, along with executed background check
waivers for all officers, principals and employees, in the form provided
by the Chief of Police.
B.
Each licensee shall submit the names of all employees
newly hired during the term of the license for a review and background
check, which may be performed by the Township Police Department prior
to such individual being added to the license and performing any services
as described in this chapter. The license shall be subject to revocation
for failure to submit employees to such a background check.
A.
The Chief of Police shall have the right, in his sole
discretion, to disapprove and suspend or revoke any license issued
under this chapter, upon investigation and the determination that
there has been a violation of the Tow Operators Rules/Regulations
and Guidelines (which are on file in the Municipal Clerk's office)
and/or this chapter by the licensee or its employees.
B.
The Chief of Police shall be the sole administrator
of the Police Department's licensed Tow Operator's list. All complaints
concerning any licensed tow truck company/operator shall be forwarded
to the Chief of Police for review and investigation.
C.
Any license suspension or revocation shall cause the
tow company to be removed from the tow operators list. A licensed
tow company that has been suspended or revoked may reapply in accordance
with the provisions of this chapter to be placed on the list as of
January 1 of the year after the suspension or revocation.
D.
An applicant or licensee shall have the right to appeal
the decision of the Chief of Police to disapprove, suspend or revoke
its license. Any aggrieved party may appeal the decision of the Chief
of Police by providing a written statement of appeal containing the
facts and supporting documentation to the Township Administrator within
seven (7) days of the date of such disapproval, suspension or revocation.
(1)
Within 30 days of the receipt of the said appeal,
the Township Administrator shall investigate the matter and issue
a written report thereon, with copies to the aggrieving party, the
Chief of Police and the Township Committee.
(2)
In the event that the matter is not resolved to the
satisfaction of the aggrieved party, then the aggrieved party may
request a final review of such action by the Township Committee, by
filing a written request with the Office of the Township Clerk within
seven days of the date of the Administrator's written report. Thereafter,
the Township Committee will conduct a review of the matter and issue
a final determination no later than the second regular Township Committee
meeting next following the receipt of the written request by the Township
Clerk.
A.
There is hereby established and adopted a Maximum
Fee Rate Schedule for the towing and storage by licensees under this
chapter as hereinafter set forth. The Maximum Fee Rate Schedule shall
also be made part of the Tow Operators Rules/Regulations and Guidelines
(which are on file in the Municipal Clerk's office) and shall be subject
to adjustment.
(1)
The Chief of Police is directed to monitor and from
time to time recommend to the Township Committee amendments to the
Tow Operators Rules/Regulations and Guidelines (which are on file
in the Municipal Clerk's office) for consideration and enactment by
formal resolution of the Township Committee at a public meeting.
(2)
Prior to the adoption of any amendment to these initial
Tow Operators Rules/Regulations and Guidelines (which are on file
in the Municipal Clerk's office), the Chief of Police shall provide
to each tow operator licensed under this chapter a copy of such proposed
amendment at least five days in advance of the public meeting at which
the Township Committee will consider such recommendation.
B.
Rates.
[Amended 3-17-2014 by Ord. No. 07-2014; 5-17-2021 by Ord. No. 11-2021]
(1)
Basic towing services: The Township of Readington
prescribes to the rate chart established by the New Jersey State Police
for tow operators on state highways. This can be found at www.gsta.org.
(2)
Storage time starts from when the vehicle is towed
and stops once the vehicle owner/operator or a representative thereof
requests to pick up the vehicle. If the owner/operator or a representative
requests to pick up the vehicle, but the tow operator is unavailable
to release said vehicle, storage fees cannot be charged after that
request. If the owner/operator or a representative does not meet at
said time, storage charges may resume.
C.
Miscellaneous provisions.
(1)
The above towing fees apply to a private passenger
automobile/utility vehicle and shall not include such additional services
as may be required for recovery such as up-righting of vehicle, etc.
(2)
Standby time at scene of major accidents when so required
by police shall not exceed $50 per hour in addition to above.
(3)
"Basic towing service" means the removal and transportation
of an automobile/utility vehicle from a highway, street or other public
or private road, or a parking area, or from a storage facility and
other services normally incidental 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.
All licensees, by applying for and accepting
a tow operator's license under this chapter, agree to and shall indemnify
and hold the Township of Readington and its officers and employees
harmless from any liability, expense or costs of suit, including reasonable
attorney's fees and costs, arising out of or resulting from any action
of the tow operator in performing towing and storage services in the
Township of Readington as a licensee under this chapter. This indemnification
clause shall be included as part of the application for a license
and shall also be printed on the applicant's license.
Any person or entity who shall be found to have
violated any section of this chapter or to have submitted a false
or misleading application shall, in addition to penalties hereinafter
provided in this chapter, be subject to removal from the tow operators
list and/or suspension or revocation of its license. Upon conviction
of a violation of this chapter, the person or entity shall be punishable
by a fine not to exceed $1,000 and/or by imprisonment for up to 90
days, and/or by a period of community service not exceeding 90 days,
in the discretion of the Court.
[Added 5-17-2021 by Ord. No. 11-2021]
A.
A vehicle
owner/operator may request a towing service of their choosing. Such
requests shall be granted only when possible. Licensed tow operators
that are authorized towing agents for any club, association, etc.,
will not receive preferential treatment.
B.
If the vehicle location is such that it interferes with or is likely to interfere with the safe passage of traffic, creates any hazardous condition, is the subject of a police investigation or if the towing service requested by the owner/operator does not respond in a timely manner, Township police will arrange for the vehicle to be towed in the most expeditious manner. This will generally be by following the Readington Township Tow Schedule for that year. The vehicle's registered owner shall be responsible for the rates outlined in § 217-7, Rules and regulations; rates.
