[HISTORY: Adopted by the Township Committee
of the Township of Westampton 12-7-1992 by Ord. No. 12-1992. Amendments
noted where applicable.]
A.
The purposes of this chapter are to:
(1)
Establish a requirement and procedure for the licensing
of individuals and entities providing towing and storage services
to the Township Police Department.
(2)
Establish, in the interest of public safety, a uniform
policy for the towing and storage of motor vehicles towed and stored
at the request of the Township Police Department.
(3)
Establish uniform fees for towing and storage services.
B.
This chapter shall apply to all motor vehicle towing
and storage operations performed at the request of the Township of
Westampton Police Department.
As used in this chapter, the following terms
shall have the meanings indicated:
A private passenger motor vehicle or any vehicle included
in the definition of "automobile" under N.J.A.C. 11:3-38.2.
The removal and transportation of an automobile 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 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.
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks or motorized
bicycles.
The Township of Westampton.
A person engaged in the business of towing and storing motor
vehicles or offering the services of a tow vehicle or tow truck and
storage services.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles, employed for the purpose of towing, transporting,
conveying and/or removing motor vehicles which are unable to be operated
under their own power from one place to another for which a charge
or fee is extracted.
[Amended 10-12-2010 by Ord. No. 16-2010]
A.
No person
shall engage in the business of towing or storing motor vehicles at
the direction of the Township of Westampton Police Department without
first obtaining a tow operator’s license therefor. Nothing herein
shall require licensing for the rendering of road service or for the
provision of towing and storage services within the Township other
than at the request of the Township Police Department.
B.
The Township
Police Department is responsible for the approval and issuance of
towing and service licenses. The number of licenses issued by the
Township Police Department shall be limited to seven per year.
[Amended 5-27-2014 by Ord. No. 6-2014]
C.
All complete
applications shall be forwarded to the Chief of Police. The Chief
of Police, or his designee, shall be responsible in deciding which
recipient towing companies will be awarded the six licenses. This
application process shall be repeated on a yearly basis.
A.
Applicants for a license under this chapter shall
file with the Township Clerk/Administrator a sworn application on
a form to be furnished by the Clerk/Administrator which shall include
the following information and certification:
(1)
The full name and address of the applicant. If the
application is made for a corporation, it shall state the names and
addresses of the officers and directors thereof, its registered agent
and the names and residential addresses of every stockholder owning
more than 10% of the issued stock.
(2)
The year, make and type of each tow vehicle used in
said business, its serial number, registration number and registered
owner.
(3)
The address where the tow vehicle or vehicles shall
be regularly garaged, the telephone number or numbers and the hours
during which service is available at those numbers and the names,
addresses and New Jersey driver license numbers of all operators.
(4)
The location, size and security features of the storage
lot or space in which towed vehicles will be stored, including the
number of spaces available. The storage lot shall be designated either
as:
(a)
"Inside building": a vehicle storage facility
that is completely indoors, having one or more openings in the walls
for storage and removal of vehicles that are secured by a locking
device on each opening; or
(b)
"Outside secured": a vehicle storage facility
that is not indoors and is secured by a fence, walls or other man-made
barrier that is at least six feet high. The facility is to be lighted
at night so that all vehicles may be plainly visible.
(5)
The name and address of the insurance carriers and the policy numbers of all insurance policies as required by § 224-9 of this chapter.
(6)
A copy of the operator's current fee schedule for
towing and storage services separately listing towing and storage
fees for automobiles and other motor vehicles.
(7)
A certification that on-call towing and storage services
will be available 24 hours per day, every day of the year.
(8)
A certification that the fees and procedures required
by this chapter shall be complied with at all times.
(9)
A statement that the Chief of Police or his designee
may at any reasonable time conduct an inspection of the tow vehicles
or storage facility of any applicant or licensee for the purpose of
determining compliance with this chapter.
(10)
Such other information as the Township Clerk/Administrator
or Chief of Police may reasonably prescribe.
B.
All applications for a tow operator's license shall
be accompanied by a fee of $150 to cover the Township's costs in processing
the application.
[Amended 9-5-2023 by Ord. No. 9-2023]
A.
The Township Clerk/Administrator shall forward all
complete applications to the Chief of Police, who shall conduct or
cause to be conducted such investigation as he deems necessary to
determine the truth and accuracy of the information contained in the
application and whether the applicant meets the following minimum
standards:
(1)
Neither the applicant nor any tow vehicle operator
has any criminal convictions or prior motor vehicle infractions which
might adversely affect public safety or welfare.
(2)
The applicant has the ability to respond to the scene
in response to any request for assistance within 25 minutes after
notification.
[Amended 6-9-1998 by Ord. No. 14-1998]
(3)
The applicant can provide on-call towing services
24 hours per day, every day of the year.
(4)
The tow trucks and equipment are in safe and sound
condition and in compliance with all applicable laws, rules and regulations.
All applicants must meet minimum standards of operator performance,
including but not limited to standards concerning the adequacy of
the applicant's equipment and storage facilities and availability.
(5)
The applicant owns or has a valid lease to a storage facility within three miles of the Township, in an area legally zoned for such use, and such storage facility shall have a minimum of 20 spaces for passenger automobiles and will be either an inside building or outside secured facility as defined in § 224-4A(4) above for storage of all vehicles towed or impounded.
(6)
The applicant is in compliance with and/or has the
ability to comply with all other requirements and standards set forth
herein.
(7)
Storage facility must meet local zoning requirements.
[Added 4-11-2006 by Ord. No. 7-2006]
B.
In addition to the minimum standards of performance
referred to in the preceding subsection, all applicants are subject
to disqualification if found deficient in any one of the following
areas:
C.
The Chief of Police shall endorse his approval or disapproval of the application within 30 days of receipt by him. If the application is disapproved, the reasons therefor shall be set forth in writing. The Township Clerk/Administrator shall notify the applicant in writing that the application has been granted or denied. If the application is denied, the reasons for such denial shall be set forth in the notice, along with the applicant's right to appeal the denial to the Township Committee pursuant to § 224-8.
A.
A tow operator's license shall be issued by the Township Clerk/Administrator to an approved applicant upon provision of insurance certification pursuant to § 224-9 and approval by the Chief of Police. The Township Clerk/Administrator shall send a copy of the license to the Police Department for filing and shall keep a permanent record of all licenses issued.
B.
All licenses issued under this chapter shall expire at the end of the calendar year in which issued. Applications for renewal, certifying any changes to the original application or certifying no change, shall be filed with the Clerk/Administrator at least 30 days before expiration on forms provided by the Clerk/Administrator. Renewal applications will be forwarded to the Chief of Police for review and any necessary investigation in accordance with the procedures and standards set forth in § 224-5. If approved, a renewal license shall be issued upon payment of the license fee and provision of required insurance certifications.
C.
All licenses issued under this chapter, or certified
copies thereof, shall be displayed prominently on all tow vehicles
and at the tow operator's principal place of business.
D.
All licenses issued under this chapter are nontransferable.
A.
Licenses issued under this chapter may be revoked by the Chief of Police after reasonable notice and hearing pursuant to § 224-8 for any of the following reasons:
(1)
False or materially inaccurate information in the
application or a change of circumstances which would have caused disapproval
of the application if existing at the time of approval.
(2)
Failure to comply with any of the requirements of
this chapter, any additional regulations promulgated by the Chief
of Police or any state, federal or local law relating to motor vehicle
operation or storage.
(3)
Unsatisfactory service which jeopardizes public safety.
More than three unexcused failures to respond and/or valid complaints
(as determined by the Chief of Police after investigation) within
a twelve-month period shall be considered grounds for suspension and/or
revocation.
Any person aggrieved by the action of the Chief
of Police or the Township Clerk/Administrator in the denial of an
application for a license or in revocation thereof or in the suspension
from the Township's on-call towing list may appeal to the Township
Committee by filing with the Clerk/Administrator, within 14 days after
notice of the action complained of has been mailed to such person's
last known address, a written request for a hearing, setting forth
fully the grounds for the appeal. The Committee will set a time and
place for a hearing on such appeal, and notice shall be served on
or mailed to the applicant or licensee at least five days prior to
the hearing. The Committee's determination shall be made by resolution
and shall become effective immediately.
A.
Every licensee shall carry insurance as follows:
(1)
Comprehensive automobile liability in an amount not
less than $500,000 combined single limits.
[Amended 2-1-1993 by Ord. No. 1-1993]
(2)
Workers' compensation coverage as required by state
law.
(3)
Garage keeper's liability in an amount not less than
$60,000 per location.
(4)
Garage liability in an amount not less than $500,000
combined single limits.
[Amended 2-1-1993 by Ord. No. 1-1993]
(5)
Comprehensive general liability coverage in an amount
not less than $500,000 for each person and $500,000 for each accident.
[Amended 2-1-1993 by Ord. No. 1-1993]
(6)
Endorsements providing for collision coverage for
vehicles in tow.
(8)
Endorsement naming the Township as an additional insured
in all insurance policies (except workers' compensation policies)
for licensees on the Township's on-call towing list.
B.
All licensees shall hold harmless and indemnify the Township, its officers, employees and agents from any and all liability claims, losses or damage arising or alleged to arise from the performance of the towing services requested of or rendered by the licensee. The foregoing indemnification language shall be incorporated in the general comprehensive liability policy required by § 224-9A.
C.
All insurance policies shall be written by insurance
companies acceptable to the Township and authorized to do business
in the State of New Jersey.
D.
No license shall be issued or renewed until the applicant has filed with the Township Clerk/Administrator certificates of insurance evidencing the insurance coverage and endorsements required in § 224-9A. All certificates must provide for 30 days' prior written notice to the Township of policy cancellation or material change.
A.
The Chief of Police shall maintain a list of those
tow operators licensed by the Township to respond to calls from the
Township Police Department. In order to be included on the on-call
towing list, an applicant must meet all of the requirements of this
chapter and shall enter into an agreement with the Township for a
term of one year, said agreement to be prepared by the Township Attorney.
B.
Calls to tow operators on the on-call list shall be
made on a nondiscriminatory rotating basis, pursuant to procedures
established by the Chief of Police. Nothing herein shall prohibit
the Chief of Police or his designee from calling a tow operator out
of sequence or seeking the services of a tow operator not on the on-call
list if the circumstances require specialized equipment or if the
interests of public safety so require. If the tow operator selected
does not respond to the scene within the 25 minutes after notification,
the Chief of Police or his designee shall be permitted to summon the
next available tow operator. When any unusual situation occurs which
may be dangerous to the safety of the public, such as a spill of toxic
material or other dangerous cargo, the Township Police Department
may select any qualified tow operator.
C.
The fees to be charged for the towing and storage services of automobiles shall be as set forth in § 224-11. The Township shall not be liable for the cost of any towing and/or storage services unless those services are performed on a municipal vehicle.
D.
Inclusion on the on-call towing list shall be automatically revoked upon expiration or revocation of the tow operator's license. The Chief of Police may also suspend a licensed tow operator's inclusion on the on-call towing list for such period of time as he considers appropriate for violations of this chapter, after a hearing on such violations. Suspensions may be appealed pursuant to the procedures set forth in § 224-8.
E.
Nothing in this section shall prohibit a motorist
or motor vehicle owner from summoning a tow operator of his or her
own choosing, except that any Township police officer at the scene
of an incident requiring towing services shall be responsible for
making the final determination as to when towing shall take place
and which tow operator shall be called.
F.
All vehicles towed at the request of the Township
Police Department must be removed to an approved storage facility
unless the owner or operator of the vehicle specifically requests
that it be towed to another destination. Any Township police officer
at the scene shall be responsible for making the final determination
as to the towing destination.
G.
No vehicle shall be released by the tow operator until
the owner or agent of the vehicle produces a release form from the
Police Department. No verbal releases are to be accepted. The Township
is not responsible for any costs, compensation or damage which a tow
operator may suffer by the Township agreeing for a vehicle to be released.
Vehicles may only be retrieved during the normal working hours of
the tow operator.
[Amended 2-1-1993 by Ord. No. 1-1993]
H.
Up to 20 vehicles towed at the request of the Township
Police Department must be stored together at the approved storage
facility and not scattered throughout the premises.
[Amended 2-1-1993 by Ord. No. 1-1993]
I.
No tow operator shall dispose, destroy, remove, sell
or otherwise transfer any vehicle towed at the request of the Township
Police Department without first complying with all applicable laws
of the State of New Jersey and notifying the Township Police Department
of its intention to do so, in writing, at least 14 days prior to effectuating
the same.
J.
Prior to commencing any tow, the tow operator shall
sign the tow report prepared by the officer on location acknowledging
receipt of the vehicle.
K.
Upon request by the Township Police Department, the tow operator shall store a motor vehicle in an inside building as defined in § 224-4A(4). Vehicles designated by the police as being suspected as being used in criminal activity shall be stored in a separate space for the exclusive use of the Police Department and shall not be released without the written permission of the Chief of Police, Acting Chief of Police or Lieutenant.
L.
In addition to any requirements set forth elsewhere
in this chapter, all approved towing services must provide, in writing,
an employment nondiscrimination statement prior to the issuance of
said approval and must agree to comply with all state and federal
laws and regulations concerning wages, hours and terms of employment.
M.
Employees of an approved towing service shall in no
way be deemed to represent or be employed by this municipality, and
all such towing services shall be responsible for the conduct of their
employees.
N.
All towing and storage fees shall be disclosed in
an appropriate notice on the front or top page of all invoices and
receipts. Additionally, adequate public posting of such fees must
be made at the storage area, in easy view of the public.
A.
Fee schedule enumerated; restrictions.
(1)
No person shall be liable to any tow operator who
tows or stores an automobile which was damaged in an accident and
recovered after being reported stolen, for any fees in excess of those
fees as listed by the fee schedule, which shall be kept on file with
the Chief of Police or his designee, as well as by the Westampton
Township Administrator. The fee schedule shall be made applicable
by resolution, which shall change from time to time according to the
prevailing rates for towing. Any changes in the fee schedule are hereby
permitted to be done by resolution, which shall be passed by the Westampton
Township Committee. The fee schedule shall include basic towing service
fees, storage fees, and miscellaneous charges.
[Amended 2-1-1993 by Ord. No. 1-1993; 6-9-1998 by Ord. No. 14-1998; 4-11-2006 by Ord. No.
7-2006; 10-12-2010 by Ord. No. 16-2010]
(2)
In no event shall any tow operator charge a towing
or storage fee for private passenger vehicles damaged in an accident
or recovered after being stolen in excess of the fees established
by the Department of Insurance as set forth in N.J.A.C. 11:3-38.1
et seq., or any amendments or supplements thereto. It shall be the
responsibility of the tow operators to comply with all applicable
Department of Insurance rules and regulations. The tow operator shall
submit annually as part of its application or renewal thereof its
fee schedule for the towing and storage of automobiles, which shall
be subject to the review and approval of the Township Committee.
(3)
For all towing services other than those defined as
basic towing and for all vehicles other than those defined as automobiles,
the tow operator shall set reasonable and customary fees for the Burlington
County area for the towing and storage of such vehicles. The tow operator
shall submit annually as part of its application or renewal thereof
its fee schedule for the towing and storage of all motor vehicles
other than automobiles, which shall be subject to the review and approval
of the Township Committee.
[Amended 4-11-2006 by Ord. No. 7-2006]
(4)
It shall be the responsibility of the tow operators
to comply with all applicable Department of Insurance rules and fee
regulations.
[Amended 4-11-2006 by Ord. No. 7-2006]
(5)
Towers are required to submit, monthly, to the Chief
of Police, a copy of impound reports and invoices for each vehicle
towed that month.
[Amended 6-9-1998 by Ord. No. 14-1998[1]]
[1]
Editor's Note: This ordinance also provided
for the repeal of former Subsection A(6), pertaining to storage fees,
which immediately followed this subsection.
B.
No person shall be liable to any tow operator for
any other towing or storage services for any fees in excess of the
licensee's approved fee schedule. Current fee schedules shall be submitted
for approval on an annual basis at the time of application for license
renewal.
C.
When basic towing services are rendered for any automobile, there shall be no additional charges other than those provided for in Subsection A above, including but not limited to flatbedding, waiting time, winching, cleanup costs and additional labor.
D.
Tow vehicles transporting multiple vehicles at one
time may charge the applicable fee for each vehicle transported.
E.
Prior to hookup or flatbedding of a motor vehicle,
the tow operator shall present a copy of its fee schedule to the owner
or operator of the vehicle. The fee schedule shall also contain the
name, address and telephone number of the tow operator and a statement
of the hours when the motor vehicle may be claimed.
The Chief of Police shall promulgate such rules,
regulations and procedures, not inconsistent with this chapter, as
may be reasonable and necessary to carry out the provisions of this
chapter. Copies thereof shall be provided to all licensed tow operators
and shall be made available to the public, along with copies of current
fee schedules, during normal business hours. Failure to comply with
applicable rules, regulations and procedures may be cause for revocation
of a tow operator's license.
The Chief of Police is hereby designated to
enforce the provisions of this chapter and any applicable rules and
regulations.
