[HISTORY: Adopted by the Council of the City
of Northfield 2-4-1992 by Ord. No. 4-92 (Ch. 106 of the 1974
Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "1991 Towing Ordinance of the City of Northfield."
As used in this chapter, the following terms
shall have the meanings indicated:
Automobiles, trucks or any other motor vehicles that are left unattended for a period of time which would represent a violation of Chapter 357, Abandoned Vehicles, of the City of Northfield and New Jersey state statutes.
The City of Northfield.
An enclosed area suitable for the parking and storage of
automobiles, trucks and other motor vehicles.
A portable device with wheels that is used in combination
with a tow truck to transport automobiles, trucks or motor vehicles.
Any automobile, motor vehicle, truck or bus that is parked
in a fashion or in a place that is in violation of any parking ordinance
of the City of Northfield, County of Atlantic or State of New Jersey.
A towing operator that has complied with all provisions of
this chapter and whose name appears on the list of licensed towing
operators maintained by the Clerk of the City of Northfield.
All vehicles propelled otherwise than by muscular power,
except such vehicles as those that run exclusively on tracks. This
term shall also include motorcycles and mopeds.
All motor vehicles used for the transportation of passengers
for hire, including those used for the transportation of schoolchildren.
Any person who is in actual physical control of an automobile,
truck or motor vehicle.
Any automobile used and designed for the transportation of
passengers.
Real property owned by any person, partnership, firm or corporation
and now owned by the City of Northfield or any other governmental
body.
The monetary charge for the presence of a tow truck and operator
where no towing service or road service is conducted or supplied.
Providing routine minor maintenance items, refueling or supplying
equipment to automobiles, trucks or motor vehicles that are disabled
or otherwise inoperable, including calls to assist persons locked
out of their motor vehicles.
A person, firm, corporation or other business entity engaged
in the business of transporting disabled, wrecked or otherwise immobile
motor vehicles, automobiles or trucks by means of tow trucks or other
means.
The providing of transportation of automobiles, trucks or
motor vehicles that, as a result of accident, collision, breakdown,
abandonment or otherwise, are unable to be moved under their own power.
The term "towing service" also includes the transportation of illegally
parked, police-impounded or abandoned automobiles, trucks or motor
vehicles.[1]
A motor vehicle specifically designed, constructed, used
or maintained for the safe transportation of automobiles, trucks or
motor vehicles.
Every motor vehicle designed, used or maintained primarily
for the transportation of property. This includes delivery vans and
pickup trucks.
Every device in, upon or by which any person or property
is or may be transported upon a highway, except devices powered by
human power or operated on stationary tracks.
Providing the use of the mechanical cable device attached
to a tow truck to move or transport any vehicle where the actual towing
of the vehicle does not take place.
[1]
Editor's Note: The definition of "towing slip," which followed
this definition, was repealed 2-9-1993 by Ord. No. 11-93.
Towing operators licensed pursuant to this chapter
agree to provide the following towing services to the City of Northfield
in the following manner:
A.
Towing of illegally parked or police-impounded passenger
automobiles, trucks or motor vehicles.
B.
Towing of abandoned passenger automobiles, trucks
and motor vehicles.
C.
Towing of passenger automobiles, trucks and motor
vehicles from accident scenes, including cleaning and removal of debris
from the scene of the accident as well as any necessary waiting time.
This shall also include the removal of any spilled or leaking liquids.
In the event that minor spillages of motor vehicle fluids result from
an accident, the towing operator shall apply absorbent material to
the affected area and then place the material, double-bagged, in the
vehicle prior to towing.
D.
Towing of all City police vehicles within the limits
of Atlantic County, as well as the City limits of the City of Northfield.
E.
Towing of all City of Northfield owned police vehicles
outside the Atlantic County limits.
F.
Providing winching services and dolly-wheel services
at scenes of accidents and/or other places where passenger automobiles,
trucks or motor vehicles become disabled on the roadway or off.
G.
Providing a flatbed truck for vehicles that cannot
be towed in an ordinary fashion.
H.
Towing and impounding for police investigation purposes
of any passenger automobile, truck or motor vehicle at the direction
of the Duty Police Supervisor.
I.
Storage of any abandoned, wrecked or disabled passenger
automobiles, trucks or motor vehicles that might be towed by the towing
operator pursuant to this chapter.
J.
Providing of road service to disabled vehicles within
the City limits of the City of Northfield.
K.
Towing and impounding for police investigation purposes
of any passenger automobile, truck or motor vehicle at the direction
of the Duty Police Supervisor from City Hall to the compound at no
charge.
[Added 3-2-1993 by Ord. No. 11-93]
[Amended 3-2-1993 by Ord. No. 11-93; 8-16-1994 by Ord. No.
11-94]
A.
A licensed towing operator shall provide a compound
which shall at all times be in compliance with all New Jersey statutes
and regulations, as well as all ordinances promulgated by the City
of Northfield. The compound shall be serviced by roads which are not
subject to any tolls.
[Amended 4-9-2013 by Ord.
No. 3-2013]
B.
Said compound shall be enclosed by a six-foot-high
fence and be of sufficient size to accommodate at least 12 passenger
automobiles at one time.
C.
The compound shall be available 24 hours a day, 365
days per year, and open to the public on weekdays during normal business
hours and limited hours on Saturdays and Sundays.
D.
The licensed towing operator shall make available
for service to the City of Northfield at least two tow trucks having
two-way communication equipment on a twenty-four-hour call, seven
days a week.
E.
The licensed towing operator shall provide tow trucks
capable of handling and transporting heavy passenger automobiles and
equipped to provide appropriate towing services and road service.
All tow vehicles shall be registered in the name of the licensed tow
operator in compliance with all traffic laws and regulations of the
State of New Jersey.
F.
Licensed towing operators shall equip their tow trucks
to provide the following: mechanic's tools to perform complete emergency
work: towing and safety equipment and warning devices such as lights,
flares and flags to warn other motor vehicle operators of the presence
of a disabled or parked vehicle.
G.
The tow trucks provided by the licensed towing operator shall be of such type and design to properly and safely perform all towing services and road services as set forth in § 350-3 of this chapter. They shall comply at all times with the statutes and regulations of the State of New Jersey and be subject to the inspection by the Chief of Police of the City of Northfield.
H.
Operators of tow trucks shall be courteous and competent
mechanics and present a clean and neat appearance. All operators shall
be at least 18 years of age and possess a current valid New Jersey
driver's license appropriate for the category of vehicle they may
drive. A commercial driver's license with all endorsements may be
necessary. Said driver's license shall be subject to inspection by
the Chief of Police of the City of Northfield.
I.
The licensed towing operator agrees that no rates or fees for towing services, road service or any other service shall be charged in excess of the maximum rate and fees set forth hereafter by resolution by the City Council of the City of Northfield. Nothing in this chapter shall limit the fees charged to persons to whom services are supplied outside the scope of § 350-3 of this chapter by any towing operator.[1]
J.
The tow trucks provided by the licensed towing operators
shall be strategically located within a reasonable area to be prescribed
by the Chief of Police of the City of Northfield.
K.
The licensed towing operator shall see to it that
said tow trucks shall be operated in such a fashion as will produce
adequate service to the public as determined from time to time by
the Chief of Police of the City of Northfield. During adverse weather
and heavy traffic conditions, the licensed tow operator shall arrange
to make available additional tow trucks to stand by as necessary to
serve the City of Northfield. It is the stated purpose of this chapter
to provide towing service and road service to the City of Northfield
which will result in emergency towing and/or road service within a
maximum of 15 minutes from the time that the licensed towing operator
is notified by the City of Northfield Police Department. Should the
tow operator fail to respond as provided herein, the City of Northfield
Police Department reserves the right to cancel the tow and call upon
the next available licensed tow operator on the rotation list.
[Amended 4-9-2013 by Ord.
No. 3-2013]
[Amended 3-2-1993 by Ord. No. 11-93]
A.
Any person, company or corporation applying for a
contract must have at least five years' experience as a municipal
tow operator engaged in the towing of vehicles and vehicle storage
in order to be considered for a contract.
B.
License
required; application and investigation; insurance. All towing operators,
in order to provide towing services to the City of Northfield, shall
be licensed with the Clerk of the City of Northfield.
(1)
The Clerk of the City of Northfield shall take applications
for the licensing of tow operators from any towing operator who asserts
that he can comply with the terms of this chapter.
(2)
A background check will be made by the Police Department
of the applicant and his employees or officers, and a conviction for
a crime will disqualify an applicant unless waived by the City Council
upon application and good cause shown.
(3)
Each licensed towing operator will be charged a nonrefundable
annual renewal fee of $250.
[Amended 7-23-2013 by Ord. No. 7-2013]
(4)
The application form shall be prescribed by the Clerk
of the City of Northfield. It shall include the name, business address
and telephone number of the towing operator, the location of the compound,
the name of its insurance company, the insurance policy number and
any other information the Clerk, Police Chief or his designee deems
relevant and appropriate.
(5)
The towing operator must date and sign the application
and certify that he has read this chapter and agrees to abide by all
of the terms and specifications of the same.
(6)
Upon submission of the application form, the Clerk
of the City of Northfield shall furnish the Chief of Police of the
City of Northfield with a copy of said application. The Chief of Police
of the City of Northfield or his designee, upon receipt of said application
from the Clerk of the City of Northfield, shall conduct an investigation
of the towing operator and its operation. Said investigation by the
Chief of Police of the City of Northfield or his designee shall consist
of an inspection of the proposed compound, an inspection of the tow
trucks and whether the towing operator and his employees or officers
meet with the requirements of this chapter.
[Amended 4-9-2013 by Ord.
No. 3-2013]
(7)
The aforementioned insurance policy shall be so endorsed
to include the City of Northfield as an additional named insured and
shall provide a standard severability of interest clause. The insurance
policy shall also provide that the City of Northfield will be defended
and indemnified by said insurance company.
(8)
Such certificate of insurance shall provide that the
insurance policy will not be canceled or materially changed without
30 days' prior written notice addressed to the Clerk of the City of
Northfield.
[Amended 4-9-2013 by Ord.
No. 3-2013]
C.
Compound.
(1)
At all times, the aforesaid compound shall be maintained
by the licensed towing operator in a clean and orderly fashion. Reasonable
measures shall be taken by the licensed towing operators at all times
to prevent vandalism, theft or damage to any passenger automobiles,
trucks or motor vehicles stored at said compound.
(2)
If said compound is to be located within 1,000 feet
of the nearest edge of the right-of-way of any interstate highway
or primary highway, it shall at all times comply with N.J.S.A. 27:5E-1
et seq. (the Junkyard Control Act) and any New Jersey Administrative
Code regulations enacted pursuant to said New Jersey statute.
(3)
The licensed towing operator shall maintain his business
operation at the same location as the compound.
D.
The licensed towing operator shall provide transportation
from City Hall in the City of Northfield to the compound for the owners
of any passenger automobile, truck or motor vehicle towed by the licensed
towing operator during regular business hours only, at no cost or
expense to the City or the owner of the vehicle.
E.
The licensed towing operator shall, on the first day
of each month, provide in writing to the City of Northfield that month's
list of all passenger automobiles, trucks or motor vehicles in the
possession of the licensed towing operator over 20 days. Said list
shall state the make and model of the passenger automobile, truck
or motor vehicle, the year of the same, the registration number of
the motor vehicle, the vehicle identification number and mileage and
detailed list of all charges and expenses relating to said passenger
automobile, truck and motor vehicle and date the vehicle was towed.
In the event that the licensed towing operator does not provide or
supply such information in a timely fashion, the licensed towing operator
shall indemnify and hold the City of Northfield harmless for any claims
arising from the registered towing operator's failure to do so.
F.
In the event that passenger automobiles, trucks and
motor vehicles that are stored or towed by the licensed towing operator
are abandoned or unclaimed by the owners thereof, the licensed towing
operator agrees to make no claims whatsoever against the City of Northfield,
its agents, representatives and/or employees for towing fees or charges,
storage fees or charges, or road service fees or charges or any other
fees or charges whatsoever.
G.
The licensed towing operator shall not employ any
additional operators as other employees after a mercantile license
is issued unless the City of Northfield Police Department has conducted
a background check and cleared those individuals.
H.
The licensed towing operator shall provide a roster
of employees to the City of Northfield Police Department on a monthly
basis.
A.
All towing operators, in order to provide towing services
to the City of Northfield, shall be licensed with the Clerk of the
City of Northfield.
B.
Provided that the maximum number of licensed towing operators governed by § 350-7, below, is not met or exceeded, the Clerk of the City of Northfield shall take applications for the licensing of tow operators from any applicant who asserts that he/she can comply with the terms of this chapter. In the event that the maximum number of licensed towing operators governed by § 350-7, below, is met or exceeded, the Clerk of the City of Northfield shall not accept any new applications for the licensing of tow operators.
[Amended 7-23-2013 by Ord. No. 7-2013]
C.
Each licensed towing operator will be charged a nonrefundable
application fee of $500. Said fee shall be paid upon the submission
of the signed application to the Clerk of the City of Northfield and
shall be nonrefundable. Each licensed towing operator will be charged
a nonrefundable annual renewal fee of $250.
[Amended 4-9-2013 by Ord.
No. 3-2013]
D.
The application form shall be prescribed by the Clerk
of the City of Northfield. It shall include the name, business address
and telephone number of the towing operator, the location of the compound,
the name of its insurance company, the insurance policy number and
any other information the Clerk deems relevant and appropriate.
E.
The towing operator must date and sign the application
and certify that he has read this chapter and agrees to abide by all
of the terms and specifications of the same.
F.
Within three business days of the submission of a
complete application form, the Clerk of the City of Northfield shall
furnish the Chief of Police of the City of Northfield with a copy
of said application.
[Amended 4-9-2013 by Ord.
No. 3-2013]
G.
The Chief of Police of the City of Northfield, upon
receipt of said application from the Clerk of the City of Northfield,
shall conduct an investigation of the towing operator and its operation.
[Amended 4-9-2013 by Ord.
No. 3-2013]
H.
Said investigation by the Chief of Police of the City
of Northfield shall include but not necessarily be limited to an inspection
of the proposed compound, an inspection of the tow trucks and a determination
as to whether the towing operator meets the requirements of this chapter.
[Amended 4-9-2013 by Ord.
No. 3-2013]
I.
After the investigation authorized by this chapter,
the Chief of Police of the City of Northfield shall report to the
Clerk, in writing, whether or not the towing operator meets the requirements
of this chapter.
[Amended 4-9-2013 by Ord.
No. 3-2013]
J.
If the Chief of Police of the City of Northfield advises
the Clerk of the City of Northfield that the towing operator meets
the requirements of this chapter and of the approval of the towing
operator, said towing operator shall be added to the list of licensed
towing operators of the City of Northfield and notified, in writing,
accordingly.
[Amended 4-9-2013 by Ord.
No. 3-2013]
K.
If the Chief of Police determines that the towing
operator does not meet the requirements of this chapter, he shall
report, in writing, to the Clerk of the City of Northfield his determination,
findings and reasons for his rejection/denial of the application of
the towing operator. The Chief of Police shall simultaneously supply
a copy of his report to the applying towing operator and the Council
for the City of Northfield.
[Amended 4-9-2013 by Ord.
No. 3-2013]
L.
Any applicant aggrieved by the rejection/denial of
an application to be added to the list of licensed towing operators
of the City of Northfield shall, upon written notice provided to the
Chief of Police and the Clerk of the City of Northfield made by the
aggrieved applicant within seven calendar days of that rejection/denial,
be entitled to a hearing before the Council of the City of Northfield
at said Council’s next available meeting.
[Amended 4-9-2013 by Ord.
No. 3-2013; 7-23-2013 by Ord. No. 7-2013]
M.
The licensee shall comply with all state and federal
laws and regulations concerning wages, hours and terms of employment.
N.
The licensee shall not discriminate in its hiring
practices and shall comply with all state and federal laws and regulations
regarding nondiscrimination in employment.
[Amended 4-9-2013 by Ord.
No. 3-2013]
A.
The City Clerk shall maintain a list of all licensed
towing operators approved by the Chief of Police of the City of Northfield.
B.
In the event that more than one towing operator shall
become a licensed towing operator, the towing services needed by the
City of Northfield shall be rotated among licensed towing operators
for time periods to be prescribed by the Chief of Police of the City
of Northfield on an equal basis. Each new licensed towing operator
shall initially be placed last on the rotary list. The maximum number
of licensed towing operators providing towing services to the City
of Northfield at any given time shall be capped at four licensed towing
operators. Notwithstanding the foregoing, if at the time of the adoption
of this section, there are more than four approved licensed towing
operators, said licensed towing operators shall remain licensed and
able to provide towing services in the City of Northfield until said
towing operators' licenses are suspended, terminated or revoked.
C.
The licensed towing operator for any one period of
time will be selected pursuant to the list maintained by the City
Clerk and provided to the Chief of Police.
D.
If the Chief of Police determines at any time that the licensed towing operator or any licensed towing operator is unable to fulfill the requirements of § 350-4D, or in times of emergency, the Chief of Police may call upon other towing operators to provide services to the City of Northfield. Any towing operator called shall comply with § 350-4H, I and J of this chapter.
E.
The Chief of Police of the City of Northfield shall be responsible for enforcing provisions of §§ 350-3, 350-4, 350-5 and 350-8 of this chapter. Further, the Chief of Police or his designee shall conduct at least two inspections of the licensed towing operator's facility to ensure continued compliance. No prior notice will be necessary.
F.
If the Chief of Police of the City of Northfield finds at any time that a licensed towing operator is not in compliance with any provision of § 350-3, 350-4, 350-5 or 350-8 of this chapter, he shall advise the Clerk of such violation, and the Clerk shall suspend the offending licensed towing operator's license and remove his name from the list of licensed towing operators.
G.
No further towing services, as described in § 350-4, may be performed by a towing operator suspended from the list of licensed towing operators until he complies with all of the provisions of this chapter.
H.
Any license issued by the City of Northfield may be
terminated upon the finding that the licensed towing operator provided
fraudulent or inaccurate application information; violated any federal,
state or municipal regulations; has provided unsatisfactory service;
or has violated any Department of Insurance rules or regulations.
In this event, upon receipt of written direction from the Chief of
Police of the City of Northfield, the City Clerk shall suspend the
offending licensed towing operator's license and remove his name from
the list of licensed towing operators.
I.
Any towing operator aggrieved by the actions of the
Chief of Police of the City of Northfield or the Clerk of the City
of Northfield in suspending the licensed towing operator's license
and/or the removal of his/her name from the list of licensed towing
operators of the City of Northfield shall, upon written notice provided
to the Chief of Police and the Clerk of the City of Northfield made
by the aggrieved towing operator within seven calendar days of that
suspension/removal, be entitled to a hearing before the Council of
the City of Northfield at said Council’s next available meeting.
[Amended 7-23-2013 by Ord. No. 7-2013]
From time to time, the Council of the City of
Northfield shall, by resolution, enact standardized fees and rates
for the following work to be performed by licensed towing operators:
A.
Towing of illegally parked or police-impounded passenger
automobiles, trucks and motor vehicles, to include storage for the
first 24 hours.
B.
Towing of abandoned passenger automobiles, trucks
and motor vehicles, to include storage for the first 24 hours.
C.
Towing of passenger automobiles not in excess of 6,000 pounds from accident scenes, to include cleaning and removal of area debris, including liquid debris, pursuant to § 350-3C, waiting time and storage for the first 24 hours.
D.
Towing of trucks and all other motor vehicles, including passenger automobiles in excess of 6,000 pounds, from accident scenes, to include cleaning and removal of area debris, including liquid debris, pursuant to § 350-3C, waiting time and storage for the first 24 hours.
E.
Charge for each additional twenty-four-hour storage.
F.
No charge for towing of all City police vehicles within
the City of Northfield and the County of Atlantic.
G.
Towing of all City-owned police vehicles outside the
limits of Atlantic County.
H.
Providing winching service.
I.
Additional charges for providing dolly-wheels.
J.
Additional charges for providing flat bedding of vehicles
that cannot otherwise be towed in a normal fashion.
K.
No charge for towing of any passenger automobiles,
trucks or motor vehicles or impounding of any such passenger automobiles,
trucks or motor vehicles for investigation purposes at the direction
of the Duty Police Supervisor (to include storage).
L.
Response fees.
M.
Road service to disabled vehicles during normal business
hours and for nonbusiness hours.
N.
Towing or transport of mopeds.
O.
Towing or transport of motorcycles.
P.
Road service to Northfield Police vehicles.
