[1]
Editor's Note: Former Sec. 4-7, Miniature
Golf Courses and Driving Ranges, originally enacted by Ord. 8-19-1930,
as amended, was repealed by Ord. #1274, § 1, 8-26-1997.
[Ord. #2253,[1] 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
As used in this section, the following terms shall have the
meanings indicated:
"Basic tow" means private property towing and other nonconsensual
towing as defined in this section and other ancillary services that
include the following: arriving at the site from which a motor vehicle
will be towed; 15 minutes' waiting time; hooking a motor vehicle to
or loading a motor vehicle onto a tow truck; transporting a motor
vehicle to a storage facility; unhooking or unloading a motor vehicle
from the tow truck; and situating the motor vehicle in the space in
which it will be stored. "Basic tow" also includes issuing documents
for the release of a motor vehicle to its owner or other person authorized
to take the motor vehicle; issuing an itemized bill; three trips to
the motor vehicle in storage, which, if applicable, include making
a vehicle available to an insurance appraiser or adjuster; issuing
documents for the release of a motor vehicle to its owner or other
person authorized to take the motor vehicle; and retrieving a motor
vehicle from storage during the hours in which the storage facility
is open.
The business office of the towing operator where the towing
operator shall conduct business associated with the towing and storage
of vehicles.
The Chief of the Bernards Township Police Department or his/her
designee.
Releasing a motor vehicle to its owner or operator when the
motor vehicle has been, or is about to be, hooked to or lifted by
a tow truck, but prior to the motor vehicle actually having been moved
or removed from the property.
Includes all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles, motorized scooters, motorized wheelchairs and
motorized skateboards.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle regardless of the reason for the
tow. "Nonconsensual towing" includes towing a motor vehicle when law
enforcement orders the vehicle to be towed whether or not the owner
or operator consents.
[Ord. #2493, 3-29-2022, amended]
An individual, a sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
The nonconsensual towing by a motor vehicle from private
property or from a storage facility of a consumer's motor vehicle
that is parked illegally, parked during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
The removal and transportation of a motor vehicle with a
registered weight rating over 10,000 pounds from a highway, street
or other public or private property. Extraordinary towing service
shall also include the recovery of vehicles with a registered weight
rating of 10,000 pounds or less that require exceptional methods to
retrieve and/or tow the vehicle. "Exceptional methods" are tasks outside
the routine scope of vehicle recovery, including but not limited to
up-righting an overturned vehicle, and winching a vehicle from a location
off the roadway. Recovery charges are in addition to any towing charges.
[Ord. #2493, 3-29-2022, amended]
Use of a tow truck or service vehicle to attempt to repair
a vehicle at the point of breakdown.
[Ord. #2493, 3-29-2022, added]
A storage facility that is either completely indoors or is
surrounded by a fence, wall or other physical barrier that is at least
six feet high and is lighted from dusk to dawn.
A space at which motor vehicles that have been towed are
stored by the towing operator.
The moving or removing from public or private property or
from a storage facility by a motor vehicle of a consumer's motor vehicle
that is damaged as a result of an accident or is otherwise disabled,
is recovered after being stolen, or is parked illegally or otherwise
without authorization, parked during a time at which such parking
is not permitted or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
Dues or other charges of clubs or associations which provide towing
services to club or association members shall not be considered a
service charge for purposes of this definition.
The list maintained by the Bernards Township Police Department
containing the names of those active towing operators who are licensed
with the Township to provide municipal towing services for the Township.
Any person in the business of or offering the services of
a towing service whereby motor vehicles are or may be towed or otherwise
removed from one place to another by the use of a motor vehicle adapted
to and designated for that purpose.
The Township of Bernards, Somerset County, New Jersey.
Any device in, upon or by which a person or property is or
may be transported upon a highway.
The process of moving a motor vehicle by the use of additional
chains, nylon slings and additional lengths of winch cable from a
position that is not accessible for direct hookup by conventional
means for towing and/or loading onto a tow vehicle. Winching is not
pulling a vehicle onto a flatbed carrier or lifting a vehicle by conventional
means.
[Ord. #2493, 3-29-2022, added]
Any fee charges to move a stored vehicle within the tow yard.
The vehicle shall be stored in a manner to facilitate access and removal
from the tow yard. Yard fees are unauthorized under this section.
[1]
Editor's Note: This ordinance was originally adopted as Section
3-18 of the Code and was renumbered and recodified 5-27-2014 by Ord.
#2271 as Section 4-7.
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
It is the purpose of this section to regulate towing operations
within the Township.
[Ord. #2404, 9-11-2018, amended]
a.
A towing operator desiring to provide towing services within the
Township must obtain a license from the Township for such services.
b.
A license shall be issued for a period of three years.
c.
The Township Committee shall have the sole discretion to deny a license
to any towing operator failing to file the requisite application or
to meet the requirements of this section based upon the recommendation
of the Chief of Police.
d.
Licenses may be awarded by the Township at any time. The license
shall not be exclusive, with the Township being able to award licenses
to multiple towing operators at any time.
[Ord. #2404, 9-11-2018, added; Ord. #2493, 3-29-2022, amended]
The following fees for a towing application shall apply:
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
a.
Towing operators must file an application with the Municipal Clerk
to obtain or renew a towing license within the Township.
b.
The applicant shall state the complete street address of the location or locations from which the business of towing shall be conducted, indicating which is its principal location and which is its storage facility(s), which shall meet the requirements of Subsection 4-7.13 of this section. The applicant shall provide a copy of a valid certificate of occupancy for the storage facility for automobile-related uses.
c.
The applicant shall identify and provide a description of its towing vehicles, including vehicle registration number, gross vehicle weight, number of wheels and purpose, with which the applicant intends to provide towing services; and which shall meet the requirements of Subsection 4-7.6 of this section. The applicant shall provide copies of the equipment manufacturer's specification for each piece of equipment.
d.
The applicant shall disclose whether he, or if the applicant is an entity, any person with an interest of 10% or more in the entity, or any towing company in which such person has an interest of 10% or more, is subject to any of the disqualification specified in § 4-7.7.
e.
The applicant shall provide the name, address and driver's license
number of the applicant and all employees of the applicant that are
expected to be involved in the operation of the applicant's vehicular
equipment for the towing of motor vehicles. All drivers for the applicant
shall be at least 18 years of age and possess a valid driver's license
for the operation of the towing equipment.
f.
The applicant shall obtain a criminal background check of the applicant and all of its employees and agents, including the obtainment of a driver's abstract. The costs associated with obtaining the criminal background checks shall be the responsibility of the applicant. Criminal background checks and fingerprinting required under this section shall comply with the provisions of Section 4-1.2.
[Ord. #2414, 4-23-2019, amended]
g.
The application shall include a valid original certificate of insurance from an insurer authorized to do business in the state, at the minimum amounts set forth in Subsection 4-7.11 of this section.
h.
The applicant shall provide written proof of a minimum of five years'
towing experience. The applicant shall provide a minimum of three
references of the applicant's towing experience.
i.
The applicant shall provide copies of all training documents for
its employees as follows:
[Ord. #2493, 3-29-2022, amended]
1.
Each light-duty driver, each heavy-duty driver and each recovery
supervisor from a nationally recognized organization. The nationally
recognized organizations that are acceptable to the Township are:
Towing and Recovery Association of America (800-728-0136), Wreck Master
(800-267-2266), Garden State Towman's Association (732-530-4782).
j.
The applicant shall furnish any additional information concerning
the company, personnel, vehicles, equipment and storage facilities
of the applicant as may be required by the Municipal Clerk or Chief
of Police during the review of the application.
k.
If any of the information required in the application changes, or
if additional information should be added after the filing of the
application, the applicant shall provide that information to the Municipal
Clerk, in writing, within 30 calendar days of the change or addition.
Any application to add an additional driver during the contract term
shall be accompanied by a fee of $25.
l.
The applicant shall provide a certified statement of the willingness
of the towing operator to be available on a twenty-four-hour, seven-day-per-week
basis, and to abide by the instructions and directions of the Chief
of Police, his subordinates, and the provisions of this section. Such
towing operators shall further provide the telephone number or numbers
available on a twenty-four-hour, seven-day-per-week basis.
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
a.
Any towing operator providing municipal rotational towing services
shall have a minimum of four vehicles which meet the minimum standards
set forth below:
1.
At least one light-duty wrecker with a minimum chassis rating of
15,000 pounds gross vehicle weight, equipped with a hydraulic boom
rated for 8,000 pounds, equipped with a hydraulic wheel-lift with
3,000 pounds' lift capacity, and equipped with dual hydraulic winches
with each having a capacity of 8,000 pounds, with each winch equipped
with 100 feet of three-eighths-inch wire rope.
2.
At least two flatbed-type wreckers with a minimum chassis rating
of 25,500 pounds gross vehicle weight, equipped with a minimum twenty-one-foot
bed, and equipped with a hydraulic wheel-lift with 3,000 pounds' lift
capacity.
3.
At least one of the above vehicles must have four-wheel drive.
4.
In addition to foregoing requirements, the towing operator must own
a heavy-duty wrecker with a minimum chassis rating of 33,000 pounds
gross vehicle weight, as well as have a gross vehicle weight registered
of 80,000 pounds, equipped with a hydraulic boom rated for a minimum
of 35 tons, equipped with a hydraulic under-reach with a minimum 45,000
pounds' lift capacity, dual hydraulic winches, and have tandem rear
axles.
5.
All vehicles must be equipped with two-way radios, cab-mounted amber
emergency warning lights (conforming to New Jersey Motor Vehicle Law
standards and all light permits being obtained), tow sling-type bars
with rubber straps and/or wheel-lift capability with safety straps
to prevent damage to towed vehicles, and with steering locks for towing
vehicles from the rear.
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
a.
The Township may deny, suspend or revoke any license for municipal
towing services upon the recommendation of the Chief of Police, or
upon other proof that the towing operator, or any of its employees
or agents:
1.
Has obtained a registration through fraud, deception or misrepresentation;
2.
Has engaged in the use or employment of dishonesty, fraud, deception,
misrepresentation, false promise or false pretense;
3.
Has engaged in gross negligence or gross incompetence;
4.
Has engaged in repeated acts of negligence or incompetence;
5.
Has had a towing operation registration or license revoked or suspended
by any other state, agency or authority for reasons consistent with
this section;
6.
Has violated or failed to comply on more than three occasions with
the schedule of tariff or fee regulations herein; or
7.
Upon proof that the applicant or holder of the registration or, if
the applicant is an entity, a person with an interest of 10% or more
in the applicant or holder of a registration or any towing company
in which such person was a person with an interest of 10% or more
and was serving in such capacity at the time the conduct or conviction
required to be disclosed occurred; or
8.
Has been convicted of:
(b)
Motor vehicle theft or any crime involving a motor vehicle under Chapter 20 of Title 2C of the New Jersey Statutes; or
(c)
Any other crime under Title 2C of the New Jersey Statutes relating
adversely to the performance of towing services or the storage of
motor vehicles as determined by the Chief of Police.
b.
A final refusal to license or the suspension or revocation of a license
by the Township shall not be made except upon reasonable notice to
the applicant and an opportunity for the applicant to be heard by
the Township Committee.
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
a.
The Chief of Police is authorized to establish a system of rotation
for the assignment of licensed towing operators to provide municipal
towing services required pursuant to this section. Pursuant to N.J.S.A.
40A:11-5(1)(w), the rotation system shall be established on a nondiscriminatory
and nonexclusionary basis. Only licensed towing operators with the
Township shall be assigned to the rotation list. A towing operator
shall be added to the rotation list at any time upon being licensed
with the Township pursuant to this section. All new licensed towing
operators shall be assigned to the rotation list at the bottom of
such list. The rotation list shall be composed so as to permit a reasonable
rotation of licensed towing operators. If the towing operator currently
on call under the rotation list cannot respond and provide the required
municipal towing service, the Township shall move to the next towing
operator on the rotation list. If no towing operator on the rotation
list is able to respond and provide the required municipal towing
service, the Chief of Police may deviate from the rotation list and
arrange for another towing operator to provide such service.
b.
Notwithstanding the above rotation list, in the interests of public
safety, the Chief of Police, at his/her discretion, taking into account
the emergency, safety and location of the situation, may part from
the rotation list and call for the closest available towing operator
to respond.
[Ord. #2404, 9-11-2018, added]
a.
No person shall tow any motor vehicle parked for an unauthorized
purpose from any privately owned parking lot, from other private property
or from any common driveway without the consent of the motor vehicle
owner or operator, unless the person is registered with the Township,
is authorized to act by the owner of the private property as set forth
in Paragraph b, and there is posted in a conspicuous place at all
vehicular entrances to the property which can easily be seen by the
public, a sign no smaller than 36 inches high and 36 inches wide stating:
1.
The purpose or purposes for which parking is authorized and the times
during which such parking is permitted;
2.
That unauthorized parking is prohibited and unauthorized motor vehicles
will be towed at the owner's expense;
3.
The charges, which shall not exceed the fee specified in ordinances
on file with the Municipal Clerk for the towing and storage of towed
motor vehicles; and
4.
The tow company name, phone number, street address of the storage
facility where the towed vehicles can be redeemed after payment of
the posted charges and the times during which the vehicle may be redeemed.
[Ord. #2493, 3-29-2022, amended]
b.
A towing company shall not remove a motor vehicle from private property without the consent of the owner or operator of the vehicle, without first obtaining the written authorization from the property owner or lessee, or its employee or agent, who shall verify the alleged violation with the Police Department by way of notification pursuant to § 4-7.19 herein below, if it occurs during normal business hours of any premises at the location operated by the property owner or lessee authorizing the removal of the vehicle, except that general authorization in writing shall be sufficient for the removal of a motor vehicle parked on private property within 15 feet of a fire hydrant, standpipe or other water source for fighting fires; in a fire lane; in an identified handicap restricted parking area; in a manner that interferes with the entrance to or exit from the property; or if the violation occurs at a time other than during normal business hours of the premises of the property owner or lessee authorizing the removal of the vehicle.
c.
Except as provided in Paragraph d of this subsection, the owner or
person in lawful possession of private property may cause the removal
of the motor vehicle parked on the property by a towing company registered
and in compliance with this Section 4-7 if signs are posted on the
property as required under Paragraph a of this subsection, or if the
vehicle is parked on the property for longer than 48 hours.
d.
The provisions of this subsection shall not apply to a motor vehicle
parked on a lot or parcel on which is situated a single-family unit,
or an owner-occupied multi-unit structure of not more than six units,
or in front of any driveway or garage entrance where the motor vehicle
is blocking access to that driveway or garage entrance.
[Ord. #2493, 3-29-2022, amended]
e.
A towing company must release the vehicle to its owner who returns
to the vehicle before it is removed from the property. In such instances,
the towing company shall only charge the decoupling fee, and not require
payment of the full basic tow fee.
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
a.
Rotational towing:
1.
A rotational towing operator may only charge a fee for those towing
and storage services set forth as follows, plus the cost of any materials,
parts or fuel, unless otherwise provided for in N.J.A.C. 13:45A-31.4:
|
Basic Tow Fee
|
Fees (not to exceed)
Day
|
Fees (not to exceed)
Night/Weekend/Holiday
| ||||
|---|---|---|---|---|---|---|
|
Light-duty rate (less than 10,000 G.V.W.)
| ||||||
|
Tow
|
$125
|
$150
| ||||
|
Recovery
|
$150
|
$200
| ||||
|
(Basic tow is a flat rate)
| ||||||
|
(Recovery is billed per hour, per truck, with 1 hour minimum
and 30-minute increments thereafter)
| ||||||
|
Medium-duty rate (10,000 to 32,000 G.V.W.)
| ||||||
|
Tow
|
$150
|
$200
| ||||
|
Recovery
|
$250
|
$350
| ||||
|
(Basic tow is a flat rate)
| ||||||
|
(Recovery is billed per hour, per truck, with 1 hour minimum
and 30-minute increments thereafter)
| ||||||
|
Heavy-duty rate (greater than 32,000 G.V.W.)
| ||||||
|
Tow
|
$400
|
$450
| ||||
|
Recovery
|
$450
|
$500
| ||||
|
(Basic tow is a flat rate)
| ||||||
|
(Recovery is billed per hour, per truck, with 1 hour minimum
and 30-minute increments thereafter)
| ||||||
|
Storage
|
Fees (not to exceed)
Outside
|
Fees (not to exceed)
Inside
|
|---|---|---|
|
Light-duty (per day)
|
$35
|
$50
|
|
Medium-duty (per day)
|
$75
|
$100
|
|
Heavy-duty (per day)
|
$100
|
$200
|
|
Mileage
|
$4 per mile from scene or site of tow
| |
|
Road service
|
$75 per call
| |
|
Decoupling fee
|
$25 per call
| |
|
Clean-up labor charge
|
$50 per hour
|
2.
A towing operator may not charge a service fee for towing and storage
services which are ancillary to and shall be included as part of basic
towing services and is not included in the schedule approved by the
Township.
3.
A towing operator must accept all forms of payment, such as a debit
card, charge card or credit card, for payment in lieu of cash for
towing or storage services if the operator ordinarily accepts such
payment at his place of business.
4.
A towing operator that engages in private property towing or other
nonconsensual towing shall calculate storage fees based upon full
twenty-four-hour periods a motor vehicle is in the storage facility.
For example, if a motor vehicle is towed to a storage facility at
7:00 p.m. on one day and the owner of the motor vehicle picks up the
motor vehicle on or before 7:00 p.m. the next day, the towing operator
shall only charge the owner of the motor vehicle for one day of storage.
If a motor vehicle is stored for more than 24 hours, but less than
48 hours, the towing operator may only charge for two days of storage.
5.
A bill for private property tow or other nonconsensual tow shall
include the time at which a towed motor vehicle was delivered to a
towing company's storage facility.
6.
Municipal storage rates. Storage fees to be charged to or on account
of the Township for the storage of Township-owned or -operated vehicles
shall not exceed those fees permitted by N.J.S.A. 40:48-2.50.
7.
The Township Committee may annually change the fees set forth herein
by duly adopted resolution.
b.
Nonconsensual:
1.
A towing company may only charge a service fee for the following
schedule of towing and storage services, unless otherwise provided
for by state law:
|
Service Provided
|
Fees
(not to exceed)
| |
|---|---|---|
|
Full basic tow fee
|
$100
| |
|
Administration fee
|
$30
| |
|
Storage fee
| ||
|
Inside storage, per day
|
$35
| |
|
Outside storage, per day
|
$25
| |
|
Decoupling fee
|
$25
| |
2.
A towing company may not charge a service fee for towing and storage
services which are ancillary to and shall be included as part of basic
towing services, and is not included in the schedule approved by the
Township.
3.
A towing company must accept all forms of payment, such as a debit
card, charge card or credit card, for payment in lieu of cash for
towing or storage services if the operator ordinarily accepts such
payment at his place of business.
4.
A towing company that engages in private property towing or other
nonconsensual towing shall calculate storage fees based upon full
twenty-four-hour periods a motor vehicle is in the storage facility.
For example, if a motor vehicle is towed to a storage facility at
7:00 p.m. on one day and the owner of the motor vehicle picks up the
motor vehicle on or before 7:00 p.m. the next day, the towing company
shall only charge the owner of the motor vehicle for one day of storage.
If a motor vehicle is stored for more than 24 hours, but less than
48 hours, the towing company may only charge for two days of storage.
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
In addition to the insurance requirements set forth in N.J.A.C.
45A-31.3, as may be amended from time to time, all licensed towing
operators providing municipal towing services must maintain the following
insurance policies, naming the Township as an additional insured:
a.
Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is up to 26,000 pounds, for the death of or injury to
persons and damage to property for each accident or occurrence in
the amount of $750,000, single limit; and
b.
Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is more than 26,000 pounds, for the death of or injury
to persons and damage to property for each accident or occurrence
in the amount of $1,000,000, single limit.
c.
Garage keeper's policy: a garage keeper's liability policy in the
minimum amount of $100,000, and on-hook coverage, for each vehicle
damaged on a separate claim.
[Ord. #2493, 3-29-2022, amended]
d.
Garage liability policy: a garage liability policy covering the applicant's
business, equipment and vehicles in the minimum amount of $500,000
for any one person injured or killed, and a minimum of $1,000,000
for more than one person killed or injured in any accident and an
additional $100,000 for any damage arising from injury to or destruction
of property, and/or a combined single limit of $1,000,000. In addition
to each policy containing an endorsement showing the Township as an
additional insured, such policy shall also provide an endorsement
entitling the Township to 30 days' prior written notice to the Chief
of Police in the event of any change in coverage under the policy,
or in the event of the cancellation of the policy.
e.
Worker's compensation policy: a worker's compensation policy covering
all of the applicant's employees and operators, containing statutory
coverage, including liability coverage of at least $100,000 for each
accident per person, $500,000 policy aggregate limit per disease,
and $100,000 for each disease per person.
f.
Umbrella liability insurance policy in the amount of $2,000,000.
[Ord. #2493, 3-29-2022, amended]
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
Any license issued by the Township to a towing operator pursuant
to this section shall include a provision whereupon the licensed towing
operator assumes all liability and shall indemnify and save the Township,
its committees, boards, departments, agents, and employees, harmless
from damages or losses sustained by vehicles while being towed, stored
or released from the towing operator's possession, and from all personal
injuries and property damage occurring to any persons or property
as a result of the performance of the towing operator's services,
including, but not limited to, towing, storage, or other such activities
relating to the municipal towing services. All responsibility for
the release of a stored vehicle shall be on the towing operator only.
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
a.
The towing operator providing towing services must tow all vehicles
to a storage facility meeting the following requirements:
1.
Has a business office opened to the public between 8:00 a.m. and
6:00 p.m. at least five days a week, excluding holidays;
2.
Have the ability to provide inside vehicular storage;
3.
Have the ability to store a minimum of six vehicles;
4.
Is safe and secured, such as being completely fenced in;
5.
If it is an outdoor storage facility, lighted from dusk to dawn;
and
6.
Is located within 10 driving miles of any Township border.
b.
The towing operator shall provide reasonable accommodations for after-hours
release of stored motor vehicles and shall not charge a release fee
or other charge for releasing motor vehicles to their owners after
normal business hours or on weekends.
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
All towing operators who have been licensed with the Township
to provide rotational towing services shall be obligated to comply
with the following duties and regulations:
a.
Remove and tow to the designated storage facility all vehicles directed
by the Chief of Police to be removed and towed because such vehicles
are, in the Chief of Police's sole discretion designated as abandoned,
illegally parked, disabled, involved in an accident, or to be impounded
because of criminal or other investigation. At the sole discretion
of the Chief of Police, taking into consideration safety concerns,
the owner or operator of a disabled vehicle may be permitted to arrange
for the vehicle to be towed by a towing operator of his/her choice.
b.
Store such vehicles and move such vehicles as directed by Chief of
Police. When not otherwise directed or required by the Chief of Police,
the owner or operator of a disabled vehicle may request that the vehicle
be towed to a location other than the designated storage facility.
Upon direction of the Chief of Police, the towing operator shall not
release a vehicle towed which is subject to a criminal investigation,
including, without limitation, compliance with "John's Law," without
prior authorization by the Chief of Police.
c.
Provide twenty-four-hour, seven-day-a-week service to the Township
during the term of the license.
d.
Not utilize answering machines or answering services when on call
under the rotation list.
e.
Respond promptly to all requests for municipal towing services by
the Chief of Police. In any event, the towing operator shall respond
and be present at the location (all locations within the Township)
for municipal towing services within 20 minutes of receipt of notice
of same between the hours of 8:00 a.m. and 5:00 p.m. (hereinafter
"daytime"), and within 25 minutes of receipt of notice between the
hours of 5:01 p.m. and 7:59 a.m. (hereinafter "nighttime"). In the
event a towing operator does not arrive at the tow location within
the above time periods, the police officer on the scene shall have
the right to have a substitute towing operator called to the location
who will have the right to perform the municipal towing services;
and the originally called towing operator shall have no right to payment
from any party.
[Ord. #2493, 3-29-2022, amended]
f.
Not charge any fee for replacement of equipment or materials provided
at the scene of the tow.
h.
Clean up all broken glass, debris and motor vehicle fluids at the
scene of accidents. [All towing operators must be equipped with a
broom, shovel and absorbent materials for auto fluids (speedy dry).]
[Ord. #2493, 3-29-2022, amended]
i.
Ensure that all drivers and operators of the towing operator must
wear ANSI Class 3 reflective safety vests at all times when responding
to a request by the Township.
j.
Furnish additional towing equipment and services during storm periods,
periods of snow emergencies, traffic emergencies, natural or other
disasters, any acts of God, and for any other reason when so designated
by the Chief of Police. Such standby service shall begin and end when
the Chief of Police notifies the towing operator. The Township reserves
the right, during any such emergency, to designate temporary areas
owned or leased by the Township and/or the towing operator for the
storage of disabled vehicles, and to direct the towing operator to
remove such disabled vehicles to said areas.
k.
A copy of all document records of all vehicles towed and/or stored
as prescribed by this section shall be sent to the Police Department
on a monthly basis. This will be done in a manner prescribed by the
Police Department.
[Ord. #2493, 3-29-2022, amended]
l.
In all of the towing operator's dealings with the public, the towing operator shall act in a professional manner, courteous at all times, and respectful to members of the public, as well as representatives of the Township. Reports of discourteous behavior by the towing operator or his/her drivers will be handled as per Subsection 4-7.16.
[Ord. #2493, 3-29-2022, amended]
m.
As per N.J.S.A. no motor vehicle which has been impounded pursuant
to the laws of this state shall be released by the state or local
law enforcement authority which impounded the vehicle unless proof
of valid motor vehicle insurance for that vehicle is presented to
the law enforcement authority. The recovery or salvage of the impounded
motor vehicle by, or on behalf of, an insurer, financial institution
or other lending entity shall not require proof of valid motor vehicle
insurance for that vehicle.
[Ord. #2493, 3-29-2022, added]
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
All persons, towing operators, and owners of towing equipment
are hereby prohibited from soliciting business at the scenes of accidents
and emergencies within the Township.
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended; Ord. #2493, 3-29-2022, amended]
Any person having a dispute or complaint arising from a specific
act of towing services or storage of motor vehicles which is regulated
by this section shall present that complaint or dispute to the Chief
of Police for resolution. The Chief of Police shall render his/her
decision as to how the said complaint or dispute is to be resolved
within 15 business days of his/her conducting a hearing as to the
same. Such hearing can be in person, by telephone or on written presentation
at the election of the Chief of Police. In the event of an adverse
decision against a licensed towing operator, said license may be revoked.
Any appeal of the Chief of Police's decision may be appealed to the
governing body of the Township. The towing company shall be responsible
for the conduct of its employees.
[Ord. #2253, 10-29-2013, added; Ord. #2404, 9-11-2018, amended]
a.
This section shall be enforced by the Bernards Township Police Department.
b.
Any violation of the provisions of this section shall subject such
violator, upon issuance of a summons and conviction in municipal court,
and at the court's discretion, to the fines and penalties set forth
in Township's General Penalty Ordinance for each such violation.
c.
Any violation of the provisions of this section may also subject
the violator to a revocation or nonissuance of the license with the
Township. If a towing operator's license is revoked pursuant to this
provision, such towing operator is barred from reapplying to the Township
for a period of three years from the date of the revocation.
d.
In addition to any penalties or other remedies provided herein, the
towing operator that has billed a person an amount in excess of the
fee specified in this section for the service provided shall reimburse
such person for the excess cost.
[Ord. #2404, 9-11-2018, added]
It shall be an unlawful practice for any towing company:
a.
Provision of schedule of fees.
1.
Except as otherwise provided in Paragraph 2 of this subsection, to
fail to provide the person whose motor vehicle is to be towed, prior
to providing any towing services, a written schedule of fees.
2.
To fail to provide the schedule and information required under Paragraph
1 of this subsection immediately upon being contacted by the person
whose motor vehicle was towed, if that person was not present at the
time the towing services were provided.
b.
To make, give, or cause any undue or unreasonable preference or advantage
or undue or unreasonable prejudice or disadvantage to any person in
any particular locality, with respect to providing towing services.
c.
To give any benefit or advantage, including a pecuniary benefit,
to any person for providing information about motor vehicles parked
for unauthorized purposes on privately owned property or otherwise
in connection with towing from privately owned property motor vehicles
parked without authorization. Nothing in this section shall preclude
a towing company, acting on behalf of a club or association, from
charging members of the club or association a fee at a rate established
by contract between the towing company and the club or association
which is lower than the rate specified in the towing company's schedule
on file with the Township, provided that membership in such club or
association is generally available to the public.
d.
To fail, when so requested by the owner or operator of a vehicle
subject to nonconsensual towing, to release a vehicle to the owner
or operator that has been, or is about to be, hooked or lifted but
has not actually been moved or removed from the property when the
vehicle owner or operator returns to the vehicle, or to charge the
owner or operator requesting release of the vehicle more than the
decoupling fee.
e.
To charge any fee other than those charges established by municipal
ordinance, or the rate specified in the towing company's schedule
on file with the Township, or to charge a fee in an amount or for
a service not listed on the schedule on file with the Township at
the time. Nothing in this section shall preclude a towing company,
acting on behalf of a club or association, from charging members of
the club or association a fee at a rate established by contract between
the towing company and the club or association which is lower than
the rate specified in the towing company's schedule on file with the
Township, provided that membership in such club or association is
generally available to the public.
f.
To refuse to accept for payment in lieu of cash or an insurance company
check for towing or storage services, such as a debit card, charge
card or credit card, if the operator ordinarily accepts such payment
at his place of business.
[Ord. #2404, 9-11-2018, added]
The towing of any vehicle without the consent of the owner must
be reported to the Bernards Township Police Department prior to the
removal of the vehicle from the property. The towing operator must
advise the Police Department of the time and place from which the
vehicle was towed, the license number, the vehicle identification
number, the make, the model and color of the vehicle, and the location
to which the vehicle was towed, in order to provide the Police Department
the opportunity to verify that the license number matches the vehicle
identification number.
