[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:
(2)
Medium and heavy duty:
(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.
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.
