Township of Medford, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Medford 3-22-2005 by Ord. No. 2005-4. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and licenses — See Ch. 71.
A. 
For purposes of this chapter, the following terms, phrases and words shall have the meanings given herein:
ABANDONED VEHICLE
A vehicle located on a public right-of-way not in operation and with no operator or owner visible and as defined in Title 39.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWER
A person engaged in the business or offering the services of a vehicle tower or towing service, whereby disabled motor vehicles are towed or otherwise removed from the places where they are disabled, impounded or abandoned by use of a tower or truck so designed for that purpose.
TOWING
Hoisting, lifting, removal, hauling and transportation of any type of vehicle of any size from the highways, streets and roads located in the Township of Medford.
TOWNSHIP
The Township of Medford.
VEHICLE
Any motor vehicle of any type or size, including but not limited to passenger vehicles, trucks, trailers and other heavy vehicles and equipment.
WINCHING SERVICE
Any operation in which a vehicle is moved onto a roadway, from a position off the roadway, or any other operation in which substantial work is required to prepare a vehicle for normal towing.
B. 
When not consistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
A. 
Generally. The Township Council, at the beginning of each year, shall secure contracts with towers to provide light-duty, medium-duty, and heavy-duty towing, which must be used by the Police Department on a rotation basis for the towing of vehicles as set forth in this chapter. The standard guidelines issued by the Towing and Recovery Association of America Inc., shall be used to determine the type of equipment necessary to provide light-, medium- and heavy-duty towing. Contracts are awarded by the Township Council only after the submission of an application as hereinafter set forth together with a review and recommendation of the application by the Chief of Police. A nonrefundable application fee as set forth in Chapter 71 of the Code of the Township of Medford shall be paid to the Municipal Treasurer at the time of the submission of the application and is considered a part thereof. Any tower receiving a contract shall be placed on the rotational list. In the event that the tower assigned to a particular rotation is unavailable, then the next tower on the list shall be called. Each contract shall be for a period of one year commencing January 1 of each year. Applications for the next contract period shall be received no later than October 1 of the current contract period.
B. 
Application process. Any person interested in being placed on the aforementioned rotation list, by way of a contract award, shall submit an application on a form to be prepared by the Chief of Police or his or her designee, said form to contain at a minimum the information specified herein. The applicant shall provide, at a minimum, the following information:
(1) 
List of required equipment and proof of ownership.
(2) 
Experience of applicant with references.
(3) 
Available personnel (employees).
(4) 
Proper business and trade licenses and license of vehicles.
(5) 
Proper proof that the tow trucks have the capability of communicating with dispatch 24 hours a day, seven days a week, either by cellular telephones, beepers, two-way radios, or other comparable equipment.
(6) 
Storage location setting forth capacity, contractor responsible for safe storage area location, proof of ownership or lease of storage area.
(7) 
Insurance and proofs of coverage.
(8) 
List of stockholders.
(9) 
Noncollusion affidavit.
(10) 
Affirmative action affidavit.
(11) 
Hold-harmless agreement.
(12) 
Certification that the applicant is able to provide towing services anywhere in the Township in accordance with the chapter response times.
(13) 
Certification that the applicant will be available for service on business premises 24 hours a day and will abide by the fees set forth in this chapter.
(14) 
Certification that the applicant shall consent to the appointment of the Township's Manager as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.
C. 
Review of application. The Chief of Police shall conduct a background check of the applicant and any employees to be utilized in the towing and storage operation. The background check is to determine if either the applicant or its employees have been convicted of a criminal offense or have had the drivers' licenses suspended or revoked within the past year. Conviction of a criminal offense or suspension of a driver's license within the past year shall be a cause for the disqualification from being awarded the contract. The Chief of Police or his designee shall conduct an inspection of the employees, vehicles, equipment and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with the applicable laws, regulations and standards of performance required by this chapter. The Township shall, at the cost of the applicant, obtain a Better Business Service Bureau report and any other reports that the Chief of Police may deem necessary. After a thorough investigation, the Chief of Police shall recommend to the Township Manager whether an applicant should be awarded the appropriate contract to provide towing services to the Township of Medford in accordance with the terms and conditions of this chapter.
D. 
Independent contract. By submission of the fee and application, the tower agrees that all personnel and equipment used under the terms of the contract shall be and remain property of the tower, and in no event shall the property or any employee of the tower be represented or considered belonging to or employed by the Township of Medford. The tower shall be operating under a contract and in no way or sense is an agent or employee of the Township of Medford.
E. 
Hold-harmless agreement; liability.
(1) 
The tower, by submission of the fee and application, agrees to assume the defense of and indemnify and hold harmless the Township, its elected officials, boards, councils, officers, employees and agents from all suits, actions, damages or claims to which the Township may be subjected, of any kind or nature whatsoever, resulting from, caused by, arising out of or as a consequence of the provisions of providing the services required by this chapter. Prior to providing the towing services, the tower shall execute the appropriate contract containing the required hold-harmless clause.
(2) 
The owner of the garage or the parking or storage location shall also agree to indemnify and hold harmless the Township and its officers, employees and agents from any and all suits, actions, damages or claims arising out of the performance of the duties specified in this chapter.
(3) 
The Township of Medford shall not be liable for any service whatsoever which may be rendered to motor vehicles, and the tower shall only seek payment from the driver and/or owner of such vehicles for compensation.
F. 
Township council decision. The Chief of Police shall conduct the aforementioned review and investigation and render a report to the Township Manager recommending either approval or denial of the application within 21 days of the receipt of the application from the Township Manager, who shall immediately forward the review and recommendation to the Township Council. The Township Council shall take action with regard to the application and award or not award a contract within 14 days of the receipt of the report and recommendation of the Township Manager. The applicant or its representative shall be given notice of the date on which the Township Council shall consider the application, and the award of the contract and shall be permitted to appear and be heard at said time. Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Township Council.
The following general requirements shall apply to all towers and towing operations acting on behalf of the Township of Medford:
A. 
Rotation lists. The Township shall maintain two rotation lists. One list shall contain applicants capable of providing light-duty towing, as set forth in the Towing and Recovery Association of America Inc., Vehicle Identification Guide as Class I and Class II. That list shall be known as the "light-duty list." The Township Police Department shall also maintain a rotation-based list of companies for medium- and heavy-duty towing. Companies on this list must maintain equipment capable of towing vehicles in Class III through Class VIII Towing and Recovery Association of America Inc., Vehicle Identification Guide. That list shall be known as the "medium- and heavy-duty" list.
B. 
Equipment. The tower shall have sufficient equipment, either owned or by subcontract, to tow the vehicle in the light- or medium- and heavy-duty class as set forth in the Towing and Recovery Association of America Inc., Vehicle Identification Guide.
C. 
At the time of the submission of the application, the tower shall submit proof satisfactory to the Township and the Police Department of ownership of the required vehicles. Adequate proof shall be proof of ownership by recorded title of the required number of vehicles necessary to meet the chapter requirements or executed lease/rental agreement for the equipment required extending six months beyond the length of the contract. Failure to submit the aforementioned satisfactory proof shall result in the disqualification of the tower.
D. 
Employees.
(1) 
The tower shall have sufficient number of employees available to comply with the minimum operational requirements of this chapter. The tower shall indicate in his application the number of employees who will be on the day shift, the number assigned to the night shift, seven days a week. Tower may utilize employees from another tower, provided the tower from which the employee is being borrowed is from a company on one of the rotations lists, a background check has been conducted by the Chief of Police, and the employee meets all requirements set forth in this chapter.
(2) 
No person shall be employed by the tower unless the Township has obtained a records check and has been approved by the Chief of Police.
(3) 
All drivers of the tower shall be over the age of 18 years and must have a valid, current New Jersey driver's license with no restrictions or conditional endorsements except condition requiring glasses and shall be in good health and of high moral character.
(4) 
The tower shall submit with the application to the Township the names and addresses of all proposed drivers and employees who will be rendering service under this contract on behalf of the tower. This information will be kept current to the Township by the tower.
(5) 
No driver shall perform services under this contract unless previously listed by a contractor to the Township.
E. 
Availability; response time. The tower shall be available 24 hours a day, seven days a week for the use of the Township at the direction of the authorized representatives of the Police Department as per the rotation requirements hereinafter set forth. The Police Department shall call the next subsequent person on the appropriate list, either light-duty or medium- and heavy-duty lists. In the event next subsequent tower is unavailable with respect to a particular incident, then the next tower shall be called or dispatched to the scene, the next tower to be as set forth on the rotation list established by the Township Council upon the recommendation of the Township Manager. The rotation lists shall be as a result of the receipt and review of the approval of the aforementioned applications and the award of a contract with respect thereto. In the event that none of the towers set forth on the rotation list are available or are able to provide the appropriate services as requested by the Township, or if an emergency exists, the Township may request such services from any other available source. During adverse weather conditions, heavy traffic conditions or emergency conditions, the tower set forth on the rotation list shall give priority to requests from the Township over any other request which may be received by the tower. Notwithstanding the establishment of a rotation list by the Township Council, no tower shall be called until the Chief of Police or his designee has ascertained that the following requirements have been met:
(1) 
The insurance policies, as required, have been procured and supplied. The Township of Medford must be added as an additionally insured party.
(2) 
The vehicle to be used for towing has been properly licensed and inspected by the State of New Jersey and has the necessary stickers affixed. No vehicle shall be licensed as a wrecker which is using dealer license plates or which has failed inspection.
(3) 
The requirements of this chapter and all other laws, statutes and ordinances have been met.
F. 
Storage location. The vehicles must be towed to a location containing a minimum storage area of at least 10,000 square feet. The applicant shall submit as part of the application process proof that he owns or can lease the aforementioned minimum storage area. For the convenience of the public and for investigative purposes, the storage area must be located within a five mile radius from the boundaries of Medford, New Jersey, for light-duty vehicles storage and eight miles for medium- and heavy-duty storage. If the tower has an option to lease the required storage area, he shall submit with his application a copy of the option agreement, containing the legal description together with a copy of the survey of the land. The lease shall extend to at least six months after the termination of the contract. The surveys as required herein shall have set forth thereon a certification by the surveyor to the Township as to the square footage within the storage area as surveyed. The storage area shall meet the following requirements:
(1) 
The land used for the storage of vehicles shall be zoned for such use and meet all applicable municipal codes. In addition, it shall be in an area reasonably accessible to the public so that stored automobiles may be claimed.
(2) 
No towed vehicle may be parked upon the public street and shall be stored by the tower within the storage area as hereinafter defined.
(3) 
The storage area must be accessible 24 hours per day by the police.
(4) 
The storage area shall accept all types of cars and trucks and be able to hold at least 45 vehicles of any type.
(5) 
The entire land area shall be enclosed by a fence of sturdy construction of at least six feet in height and shall be secured with lighting.
(6) 
All the land proposed to be utilized by the tower for storage shall be level and clear of all debris and must be clearly marked.
(7) 
The tower shall be responsible for each vehicle in his area until final disposition and removal, as ordered by the Township. All vehicles, regardless of conditions, shall be stored singly and so arranged to permit inspection and subsequent removal. Adequate walkway inspection space shall be provided at all times.
G. 
Violations.
(1) 
If a tower is in violation of any of the terms of this chapter or the contract, the Chief of Police shall notify the Township Manager, and the Township Manager shall notify the tower in writing. If the violation is not corrected within 48 hours of the receipt of said written notice, the Township Manager, upon recommendation of the Chief of Police, shall revoke the contract. Adequate grounds for a revocation of the contract shall include but not be limited to a violation of the terms of this chapter, fraudulent or inaccurate application information, unsatisfactory service or the violation of the New Jersey Department of Insurance Rules and Regulations or any statute or regulation or this chapter. The tower has the right to appeal to the Township Council within 10 days of the receipt of the Township Manager's written decision and shall receive a hearing within 30 days of the receipt of the notice. Upon conclusion of the hearing, the Township Council shall determine whether to affirm, reverse or modify the Township Manager's decision. After three violations the Township manager shall direct the Chief of Police to remove the tower from the appropriate rotation list, and provide notice of the removal to the contractor.
(2) 
Complaints of any kind, relative to service, overcharging, theft of parts, damage to towed or stored vehicles, discourteous treatment and the like shall be referred to the Chief of Police for investigation and recommendation to the Township Manager, if necessary. Such complaints may be cause for termination of the contract by the Township Manager.
H. 
Records; inspection; release of vehicle. The tower shall maintain records of all vehicles towed, stored and released by him pursuant to this chapter. Records shall be kept for a seven-year period. The tower shall maintain a record provided by the police of all property found anywhere in a towed vehicle, including trunk and glove compartment, if opened or key available, and the tower shall be responsible to safeguard and release the contents to the owner.
(1) 
Only the Chief of Police or his designee shall have access to any part of the storage area at any time of the day or night for inspection purposes, including both indoor and outdoor areas. Authorized representatives of the Police Department or the Township Manager or their designees shall have access to any of the records required to be kept by the tower.
(2) 
The tower shall not release vehicles towed under this contract without the claimant's first obtaining a release from the Police Department.
(3) 
The service, equipment and personnel are subject to periodic inspections and approval by the Township. The Township reserves the right to have a qualified person or agency make such inspections.
I. 
Disputes and adjustments.
(1) 
Any disputes over the interpretation of the contract, including the reasonableness of any fees assessed, shall be settled amicably, if possible, through negotiations between the tower, the Police Department and the Township Manager.
(2) 
In cases where the Township has been at fault in wrongfully directing that a vehicle be towed, the tower may petition the Township Council for reimbursement of costs incurred in the towing and storage of said vehicle.
J. 
Standby service.
(1) 
In addition to the service requirements of this chapter, the tower shall be required to furnish extra towing equipment and service during storm periods, periods of snow emergencies, traffic emergencies, disasters, any acts of God and for any other reason when so designated by the Township Manager and/or Chief of Police, or their duly authorized representatives. During such periods which are herein referred to as standby service periods, the tower shall be required to furnish adequate equipment and service to be held ready to remove all types of vehicles.
(2) 
Standby service will begin when the Chief of Police or his authorized designee calls the tower initially and will end when he terminates the standby status by calling the tower.
(3) 
The Township reserves the right, during any emergency, to designate temporary areas owned or leased by the Township for the storage of disabled vehicles in said area at the direction of the Chief of Police or his designee.
A. 
Removal. Vehicles shall be removed as follows:
(1) 
Abandoned vehicles.
(a) 
Abandoned vehicles as defined in Title 39 of the New Jersey Revised Statutes shall be removed under the direction and supervision of the Police Department on a twenty-four-hour-a-day basis. All calls with respect thereto shall be answered within 20 minutes from the time of notification under normal conditions seven days a week, anywhere within the Township limits, unless the Police Department determines it is not a threat to vehicle, traffic or persons, and could be removed during business hours. Abandoned vehicles shall be towed without charge to the Township to the aforementioned required storage area and stored thereon for no longer than 90 days without any charges or liens accruing against the Township. Abandoned vehicles remaining after 90 days may be removed from the secured area, provided that a junk title has been applied for pursuant to the provisions of Title 39, said application to be by the tower.
(b) 
The tower may be penalized $150 per day for each abandoned vehicle not removed and towed within a reasonable amount of time after notification by the Police Department and may be grounds for termination of the contract.
(c) 
The requirement to tow abandoned motor vehicles shall only apply to public rights-of-way, easements, avenues and places, including public parks and playgrounds, and all quasi-public areas. The owner of private property shall be responsible for the removal of any unattended or disabled vehicles in accordance with the provisions of N.J.S.A. 39:4-56.6 and shall employ a tower of his choice.
(d) 
The Township retains the right to require that the abandoned vehicle shall be towed to municipal property and to retain any moneys realized from the sale of such vehicles. Otherwise, it shall be the responsibility of the tower to provide for the disposition of abandoned vehicles and the issuance of junk motor vehicle titles in accordance with the provisions of Title 39. The Township Police Department shall assist in providing any information needed for the proper disposition of such vehicles.
(2) 
Vehicles not abandoned.
(a) 
All vehicles involved in accidents, disablements, stolen vehicles, vehicles involved in suspected crimes and the like shall be towed and stored under the direction and supervision of the Police Department 24 hours a day, seven days a week. Vehicles shall be available for release between the hours 9:00 a.m. to 5:00 p.m., Monday through Fridays, and 9:00 a.m. to 12:00 noon on Saturdays, Sunday and holiday hours are optional. Any vehicle towed and stored after 4:00 p.m. and claimed prior to 11:00 a.m. the next day shall only be charged for one day storage.
(b) 
The tower shall arrive at the scene of the accident within 20 minutes under normal conditions after police notification. Repeated late arrivals at the scene of accidents may result in the termination of the contract as otherwise provided in this chapter.
(c) 
In the event that the tower has been summoned by the Township for purposes of towing a vehicle and the owner of the vehicle has also summoned his own tower and said tower arrives on the scene prior to the removal of the vehicle by the Township tower, then the owner is entitled to remove his own vehicle at no cost or expense to the owner or to the Township. There shall be no charge to the Township for the tower appearing at the scene under said conditions.
(d) 
The tower shall, without charge to the Township, complete any inspections of Motor Vehicles, including garage reports and fatal motor vehicles accidents, as determined by the Police Department.
B. 
Storage. The tower shall store the abandoned and nonabandoned vehicles in the storage area as required in this chapter. The vehicles shall be stored until claimed by the owner or until auctioned by the Township in compliance with state law or as otherwise to be disposed of pursuant to state law. Vehicles to be removed shall be towed to the tower's storage area or to Township property at the discretion of the Township Police.
A. 
The tower shall indemnify and hold harmless the Township of Medford from any and all claims against the Township of Medford arising out of the operation of any towing services, garage services, storage services, or repair services, under this chapter.
B. 
Insurance requirements.
(1) 
Workers' compensation and employers liability insurance. A tower shall procure and shall maintain workers' compensation insurance in accordance with statutory requirements for all of his/her employees to be engaged in work on the project; in case of any such work sublet, the contractor shall require the subcontractor similarly to provide workers' compensation insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the contractor's workers' compensation insurance.
(2) 
General liability insurance. The tower shall procure and maintain during the entire time it is performing services under Chapter 136 of the Township Code general liability insurance of not less than $1,000,000 bodily injury and property damage in any one occurrence.
(3) 
Automobile liability insurance. The tower shall procure automobile liability insurance for claims arising from owned, hired, and nonowned vehicles with limits of not less than $1,000,000 any one person; $2,000,000 any one accident for bodily injury; and $500,000 each accident for property damage, which insurance shall be maintained during the life of this contract.
(4) 
Garage keepers liability insurance. The tower shall secure and maintain during the life of this contract garage keepers liability in an amount not less than $60,000 per location.
(5) 
Public liability and property damage, contingent liability insurance. The tower shall also carry public liability and property damage, contingent liability insurance to indemnify the Township of Medford and the public against any loss due to injuries, accidents or damages of any character whatsoever, where any such damage is the result of any act or omission of the tower, his agents or employees in or due to the execution of the work called for under the contract and this chapter. Such policies shall contain the provision that 30 days' notice of change or cancellation be given to the Township by the insurance company. Public liability insurance limits shall be at least $500,000 per accident and be specifically endorsed to provide collision insurance for vehicles in tow. In addition, the tower shall have coverage for contractual liability and also name the Township as an additional insured. All insurance required hereunder shall remain in full force and effect for the period of the contract.
(6) 
Certificate of insurance. Certificates of insurance showing that both the tower and the Township of Medford are named as additional insured, in conformance with the above, shall be furnished to the Township Manager, subject to approval of the Township Solicitor, and filed with the Township Clerk.
A. 
Generally.
(1) 
Towing and storing charges and fees shall be in accordance with the provisions of this chapter. Except as otherwise provided herein, the charge and fee for towing and storage of vehicles within the Township of Medford shall be in accordance with the provisions of the rules and regulations of the New Jersey Department of Insurance. The Township shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles. The charges and fees and rates applicable to services performed pursuant to this chapter shall be posted in a conspicuous place visible to the public at the tower's storage area and shall be posted on each and every vehicle. The tower shall prepare a bill for charges pertaining to each vehicle and present the same to the claimant of a vehicle. The bill shall be itemized in detail as to the actual services rendered and shall contain a statement that the claimant may complain with respect thereto the Township. The Township will not be responsible for charges due and owing from a claimant of a vehicle, nor will it assist the tower in collecting such charges. Vehicles impounded as a result of police investigations involving stolen vehicles or fatal accidents will not result in storage charges for the period of such police investigation.
(2) 
In the event the Township conducts an auction of unclaimed abandoned vehicles pursuant to Title 39, the tower's bill for towing and storage shall be an expense of possession and sale and shall be paid from the proceeds of such auction. Each vehicle auctioned shall be a separate item for purposes of this subsection. The title fee for which the Township must pay the State of New Jersey for title certificates shall be paid by the purchaser at the auction even if the tower is the purchaser and shall be in addition to the bid price of each vehicle. In the event the Township determines to utilize the provisions of Title 39 with respect to unclaimed vehicles, the tower shall receive no compensation for its services.
(3) 
The fee for towing a vehicle shall include the service rendered from the scene where the vehicle is located to the storage area and from the storage area to the curbline of the property on which is located the storage area. There shall be no additional charge for towing a vehicle from the storage area to the curbline for the purpose of an owner of a vehicle towing the vehicle to a service station or other vehicle repair shop or the person's home or any location. The charge for towing includes any incidental and related costs such as connecting and reconnecting a transmission. There shall be no additional charges for any other services, including but not limited to waiting time, cleanup costs and additional labor when the towing services as defined herein are provided, except as otherwise provided herein. The tower may charge a fee for a vehicle lockout service, i.e., when a tower responds and opens a locked vehicle when the owner/operator has locked the keys in the vehicle or is otherwise unable to open the vehicle.
B. 
Charges and fees. The charges, fees and rates for vehicles to be towed and stored shall be as follows:
(1) 
Light duty:
(a) 
Tow: as set forth in Chapter 71 of the Code of the Township of Medford.
(b) 
Storage: as set forth in Chapter 71 of the Code of the Township of Medford.
(c) 
Mileage: as set forth in Chapter 71 of the Code of the Township of Medford.
(2) 
Medium and heavy duty:
(a) 
Tow: as set forth in Chapter 71 of the Code of the Township of Medford.
(b) 
Labor charges: as set forth in Chapter 71 of the Code of the Township of Medford.
(c) 
Storage: as set forth in Chapter 71 of the Code of the Township of Medford.
(d) 
Mileage: as set forth in Chapter 71 of the Code of the Township of Medford.
(3) 
Winching shall not exceed a fee as set forth in Chapter 71 of the Code of the Township of Medford.
(4) 
Removal of vehicles from storage lot. A storage removal fee as set forth in Chapter 71 of the Code of the Township of Medford may be assessed for removing an inoperable, nondriveable vehicles from the storage lot. A fee as set forth in Chapter 71 of the Code of the Township of Medford shall be charged for vehicles that are driven off of the lot.
(5) 
Statutory impounds, including Insurance Fraud Law impounds.
(a) 
Normal tow: as set forth in Chapter 71 of the Code of the Township of Medford (statutory impounds normally involve removing vehicles without keys, thus requiring more time an effort on the part of the tower).
(b) 
Storage fee: as set forth in Chapter 71 of the Code of the Township of Medford.
(c) 
Mileage: as set forth in Chapter 71 of the Code of the Township of Medford. The tower must use the most short and most direct route/distances when calculating mileage.
C. 
Specialized equipment. In cases where the tower must hire laborers or rent or utilize specialized equipment not specified in this chapter, all reasonable charges therefor shall be paid by the owner of the vehicle, after the owner of the vehicle or his agent has given his prior written consent thereto, except where said vehicle is deemed a hazard to health or safety, whereupon said vehicle will be removed by the direction of the Chief of Police or his designee, with the owner then being responsible for all personnel, equipment and labor costs. The necessity for specialized equipment shall be determined by the Chief of Police or his designee.
D. 
Unloading of goods. In the event that it is necessary to unload a vehicle which has been used for transportation of goods prior to or after towing, an agreement shall be reached between the tower and the owner of the vehicle or the owner's agent or representative as to the charge for said service. No written agreement is necessary in an emergency situation, and the Chief of Police or his designee shall determine when an emergency exists.