[HISTORY: Adopted by the Township Committee of the Township of Mullica 3-11-1997 by Ord. No. 5-97. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 63.
Inoperable motor vehicles — See Ch. 235.
A. 
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. The use of the word "shall" indicates a mandatory requirement, and the use of the word "may" indicates a permissive action.
ABANDONED VEHICLES, VESSELS, TRAILERS
The Police Department shall request a tow for any vehicle, vessel or trailer that has been identified as abandoned on public property. The Police Department shall investigate the matter fully and issue any summons or charges applicable to the parties involved as soon as possible. The tow operator shall remove and store the vehicle, vessel or trailer until a final disposition is determined in the appropriate court.
[Added 1-23-2018 by Ord. No. 2-2018]
AUTOMOBILE
A private passenger automobile of a private passenger or station wagon type that is owned or hired and is neither used as a public or livery conveyance for passengers nor rented to others with a driver and a motor vehicle with a pickup body or delivery sedan, a van or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual or by a husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the insured other than farming or ranching. An automobile owned by a farm family, copartnership or corporation, which is principally garaged on a farm or ranch and otherwise meets the definitions contained in this section, shall be considered a private passenger automobile owned by two or more relatives resident in the same household.[1]
CHIEF OF POLICE
The Chief of the Police Department of the Township of Mullica or said Chief's designee.
CLERK
The Clerk of the Township of Mullica.
COMMISSIONER
The Commissioner of Insurance of the State of New Jersey.
DEPARTMENT
The New Jersey Department of Insurance.
HOLIDAYS
Federal holidays: New Year's Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.
[Added 1-23-2018 by Ord. No. 2-2018]
INSIDE BUILDINGS
A vehicle storage facility that is completely indoors, having one or more openings in the walls for storage and removal of vehicles and that is secured by a locking device on each opening.
JUNKYARD
A recognized and licensed junkyard according to the Junkyard Ordinance[2] contained in the Township Code of the Township of Mullica which currently possesses a valid license issued by said township.
MOTOR VEHICLE ACCIDENT
An occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the insured even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the insured or not otherwise involved with the insured.[3]
OPERATOR
A duly licensed tow truck operator engaged in the business of towing motor vehicles.
OUTSIDE SECURED
An automobile storage facility that is not indoors and is secured by a privacy fence that is at least six feet high and includes a metal frame chain-link gate. Such facility does not have to be lighted; however, if an operator chooses to light the same, all such lighting must be in conformity with the Code and ordinances of the Township of Mullica.
[Amended 9-9-2003 by Ord. No. 13-2003]
OUTSIDE UNSECURED
An automobile storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier and all other storage facilities not defined above as “inside building” or “outside secured.”
PERSON
A person, firm, partnership, association, corporation, company, organization or any other type of business entity.
RIVER OR LAKE TOWING
The towing of any automobile from any river or lake contiguous to, or located in, the Township of Mullica.
[Added 9-9-2003 by Ord. No. 13-2003]
ROTATING TOWING LIST
The list maintained by the Mullica Township Police Department containing the names of those wreckers licensed by the Township to respond to requests for the towing of vehicles made by the Police Department within Mullica Township.
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
The maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m. on each day.
TOWNSHIP
The Township of Mullica.
TOW SERVICE
The removal and transportation of a vehicle or object from a highway, street or other public or private property to a Township-approved storage facility and other services normally incident thereto.
[Added 1-23-2018 by Ord. No. 2-2018]
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under reach equipment specifically designed by its manufacturer for the removal or transport of private passenger automobiles.
[Amended 1-23-2018 by Ord. No. 2-2018]
TOW VEHICLE'S BASE OF SERVICE
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
[Amended 1-23-2018 by Ord. No. 2-2018]
WINCHING
Additional services separate from a tow service. The fee is applicable when a vehicle is located beyond a right-of-way, submerged, overturned or any other event where a tow operator must perform winching, additional to simply loading a vehicle on a flatbed or regular tow truck, being that winching is located on a private property and is easily accessible, i.e., driveway or an area where there is a clear access to the vehicle.
[Added 1-23-2018 by Ord. No. 2-2018]
[1]
Editor’s Note: The former definition of “basic towing service,” which immediately followed this definition, was repealed 1-23-2018 by Ord. No. 2-2018.
[2]
Editor's Note: See Ch. 140, Junkyards.
[3]
Editor’s Note: The former definition of “nonbasic towing services,” added 9-9-2003 by Ord. No. 13-2003, which immediately followed this definition, was repealed 1-23-2018 by Ord. No. 2-2018.
It is the intent and purpose of this chapter to establish a rotating list of towing operators for the hiring of towing and storage services within the Township of Mullica and to regulate the setting of towing fees and storage fees in said Township.
The Chief of Police of Mullica Township Police Department is hereby designated as the responsible municipal officer to enforce the provisions of this chapter in accordance with due process of law.
A. 
The Township of Mullica by this chapter hereby establishes a rotating list of towing operators whom the Township shall use the services of and shall be called on a rotating basis for any towing services required pursuant to this chapter within the Township of Mullica. For any towing operator to be contracted with and placed upon the rotating list herein described pursuant to this chapter, said operator must fully comply with all the terms and conditions of this chapter, which said compliance is to be determined by the Chief of Police of the Township of Mullica or his designee. The rotating list established hereby shall rotate on a weekly basis.
[Amended 9-9-2003 by Ord. No. 13-2003]
B. 
The towing operator shall be placed on the rotating list established by this chapter in the order in which its completed application has been approved. Each new addition to the list will be placed at the bottom of said list.
C. 
Once a list has been established, the Township of Mullica will request towing services from said list on a rotating basis. If a towing operator is called and for any reason does not or cannot perform the requested towing service, such towing contract will be placed on the bottom of the rotating list, and the next towing operator on the list will be called to perform said towing service.
D. 
If no towing operator on the rotating list is able to perform towing services when necessary, the Township of Mullica is entitled to have said services performed by a towing operator not contained on the rotating list. The determination of whether a towing operator is able to perform towing services when necessary shall be made by the Mullica Township Police Department on a case-by-case basis depending on the factual scenario as determined by said Department.
[Amended 9-9-2003 by Ord. No. 13-2003]
E. 
During adverse weather conditions or other emergency conditions, all towing operators on the rotating list shall give priority to requests for towing services made by the Township of Mullica as compared to requests made by third parties.
[Amended 9-9-2003 by Ord. No. 13-2003; 12-28-2010 by Ord. No. 17-2010; 3-8-2011 by Ord. No. 3-2011; 1-23-2018 by Ord. No. 2-2018; 5-24-2022 by Ord. No. 6-2022; 8-23-2022 by Ord. No. 15-2022]
A. 
Towing services provided at day rate.
(1) 
First mile or less: $150.
(2) 
Each additional mile: $3 per mile.
B. 
Towing services provided on nights, weekends or federal holidays.
(1) 
First mile or less: $175.
(2) 
Each additional mile: $3 per mile.
C. 
Winching:
(1) 
Winching without tow: $175 for first 30 minutes; thereafter, $100 for each additional thirty-minute segment.
(2) 
Winching with tow: $100.
D. 
Road service during day, which includes tire change: $100, tools present in vehicle as indicated in owner's service manual.
E. 
Road service on nights, weekends and federal holidays: $125, tools present in vehicle as indicated in owner's service manual.
F. 
Labor and cleanup charges when other than towing services are provided: $60 plus supplies.
G. 
Waiting time when other than towing charges are provided, one man, one truck: $50 per 15 minutes.
H. 
Storage fees.
(1) 
Inside building storage: $65 per day.
(2) 
Outside storage: $50 per day.
I. 
River or lake towing:
(1) 
For all tows: $150.
(2) 
Towing operators may charge an hourly rate over and above the rate of $150 for river and lake towing services for any portion of an hour over the first hour that is spent completing a river or lake tow.
J. 
Yard fee: $50. A yard fee may only be charged to move a vehicle out of the yard to be towed by another towing operator, or a yard fee may be charged after the owner or interested person makes more than one visit to the tow yard for the purposes of inspecting or being allowed access to the towed vehicle.
K. 
Additional worker fee, per hour, minimum: $55. Said fee shall be payable when additional worker is necessary to safely perform the towing operation in extreme towing services.
L. 
An additional fee of $50 to cover the Township's costs under § 217-27B shall be collected at the time the motor vehicle is authorized to be released by the Police Department. If the owner of the motor vehicle surrenders or abandons the motor vehicle, the $50 shall be paid by the party which assumes ownership of the vehicle, exclusive of Township towers. The administrative fee of $50 shall be paid by cash in the exact amount or by money order, Monday through Friday, excluding holidays, from 8:00 a.m. to 4:00 p.m. to the Police Department.
No person shall be liable to any operator who tows or stores a private passenger automobile which was damaged in an accident or recovered after being reported stolen for any fees in excess of those permitted by the towing and storage fees established in this chapter.
[Added 12-28-2010 by Ord. No. 17-2010; amended 1-23-2018 by Ord. No. 2-2018; 5-24-2022 by Ord. No. 6-2022]
Pursuant to N.J.S.A. 40:48-2.50, all fees to be paid to a towing operator by a municipality under the provisions of this chapter shall not exceed the following:
A. 
A limit of $3 per day for the first 30 days of storage per vehicle;
B. 
A limit of $2 per day for the 31st day of storage and any day thereafter; and
C. 
A limit of $400 per vehicle stored regardless of the duration of the storage subject to the waiver provisions that may exist pursuant to regulations of the Division of Local Government Services in the Department of Community Affairs.
D. 
If a vehicle is released from the scene, then a fee of $50 to cover the Township of Mullica's administrative cost is added to tower's bill for tower's reimbursement to Township.
[1]
Editor's Note: Former § 217-7, Review of fee schedules; amendments, was repealed 9-9-2003 by Ord. No. 13-2003.
A. 
The fees set forth in this chapter for towing rates are the maximum charges that shall apply to private passenger automobiles for towing services rendered pursuant to said ordinance. There shall be no additional charges associated with a towing service, other than provided herein, including but not limited to separate charges for waiting time, winching, cleanup costs and additional labor.
[Amended 1-23-2018 by Ord. No. 2-2018]
B. 
The fees set forth in this chapter for storage fees are the maximum storage fees chargeable per twenty-four-hour period for any private passenger automobile which is stored pursuant to the provisions of this chapter.
[Amended 1-23-2018 by Ord. No. 2-2018]
A. 
When towing services are required at the scene of an automobile accident, the day rate shall apply when the time of the accident occurs between 8:00 a.m. and 4:30 p.m., Monday through Friday, excluding federal holidays. The night, weekend and holiday rate shall otherwise apply to all towing services rendered at the scene of an automobile accident.
B. 
When towing services are required for other than an automobile accident, the day rate shall apply when the vehicle is transported (pickup to delivery) entirely between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except on federal holidays. The night, weekend and holiday rate shall otherwise apply to towing services so provided.
C. 
Tow vehicles transporting multiple passenger cars at one time shall receive the applicable fees for each vehicle transported.
This chapter is not intended to regulate or set fees for the towing or storage of trucks, buses or motorcycles or the provision of emergency road service to said vehicles. Such service, if requested, shall be billed at the provider's normal and customary rate or as otherwise agreed upon.
A. 
In order to be placed on the rotating list of towing operators established by this chapter, a towing operator must first receive a towing license from the Township of Mullica.
B. 
Said license, if issued, shall be valid for a period of one year. However, any towing operator that has been granted a three-year license as of the date of the adoption of this ordinance[1] shall continue to be able to operate pursuant to said license until December 31, 2005. Thereafter, all such applicants shall only be granted a one (1) year license. To receive a one-year license, all operators must follow the provisions of this Ordinance. If any operator applies for a one-year license during the course of any year, said license, if granted, shall only be good until December 31st of the year in which it was issued. There shall no pro rata reduction in fees for any applicant who applies for a time period shorter than one year.
[Amended 9-9-2003 by Ord. No. 13-2003]
[1]
Editor's Note: “This ordinance” refers to Ord. No. 13-2003.
C. 
Applications for licenses pursuant to this chapter shall be submitted to the Township Clerk.
D. 
A fee in the amount of $500 shall be paid to the Township of Mullica as part of the application process for a one-year license.
[Amended 9-9-2003 by Ord. No. 13-2003]
E. 
All applications shall include the following:
(1) 
Name of towing operator.
(2) 
Business address of towing operator.
(3) 
Residence address of towing operator or the president or managing partner of said towing operator.
(4) 
Business telephone number of the towing operator.
(5) 
Home telephone number of towing operator or the president or managing partner of said towing operator.
(6) 
If a corporation, all shareholders owning 10% or more in said corporation.
(7) 
Any documentation concerning equipment and/or insurance as required by this chapter.
(8) 
The records and information regarding records and/or employees as required by this chapter.
(9) 
A hold harmless agreement as required by this chapter.
(10) 
Copies of valid and existing driver's license for all employees who will be operating tow vehicles.
(11) 
A sketch of the base of service of the tow operator.
(12) 
A statement that the applicant has sufficient personnel and equipment to provide twenty-four-hour towing service and to respond to police calls in accordance with the requirements of this chapter.
(13) 
A letter from the Zoning Officer indicating that the applicant meets all of the requirements of the Municipal Land Use Ordinance of the Township of Mullica and all land use requirements of this chapter; and a letter from the Tax Collector indicating all of the applicant’s taxes have been paid up to and including payment of the most recently billed quarter.
[Added 9-9-2003 by Ord. No. 13-2003]
F. 
Upon the submission of a complete application, a satisfactory police records check and a satisfactory inspection of equipment by the Police Department, the Township Clerk may recommend to the Township Committee that a towing operator be granted a towing license and placed on the rotating list established by this chapter. All fees of any nature incurred by the Police Department performing any check of any applicant pursuant to this chapter shall be the sole responsibility of the applicant, and the same shall be paid prior to the issuance of any license.
[Amended 9-9-2003 by Ord. No. 13-2003]
G. 
The Township Committee may approve such recommendation by resolution at any properly noticed meeting of said body. If a person's license expires during the time of the investigation and action by the governing body, the same may stay in full force and effect until a decision by the governing body is rendered.
H. 
Each license, or a copy thereof, shall be prominently displayed in each piece of equipment used in performing services pursuant to this chapter.
I. 
Any false, misleading or fraudulent statements made in an application for license or contained in any of the documents attached thereto may be cause for immediate removal of any towing operator from the rotating list established by this chapter. Said operator may be subject to removal even if said false, misleading or fraudulent statement is found to be untrue at a time other than during the application process or is found to be untrue through other acquired evidence and information regarding the same.
[Amended 9-9-2003 by Ord. No. 13-2003]
All towing operators who wish to be licensed and placed on the rotating list pursuant to this chapter must meet the following requirements:
A. 
All towing operators must have a base of service located within the Township of Mullica where towed vehicles, pursuant to this chapter, may be stored in a safe and aesthetically pleasing manner and in compliance with all laws, regulations, ordinances, rules or other promulgations by municipal, county, state and federal entities. A towing operator's base of service cannot be his/her home or residence. Nothing contained in this section shall prevent one towing operator from using property of another as long as all other requirements of this chapter are complied with.
B. 
All towing operators shall be subjected to a check by the Mullica Township Police Department, which said investigation shall include, but not be limited to:
(1) 
A criminal investigation of the applicant, if the applicant is an individual, or all partners, shareholders or other owners, if the applicant is other than an individual. Only shareholders owning 10% of any corporation shall be subject to such investigation if the applicant is a corporation.
(2) 
The ability of the applicant to respond to all locations within the Township from the applicant's base of service within 15 minutes or less assuming normal and reasonable weather conditions.
(3) 
Referral of the applicant to the Township Zoning officer to ensure the applicant's place of business conforms with all local zoning laws or is a legally permitted, preexisting, nonconforming use.
(4) 
All applications to be placed on the rotating list must be submitted at least 90 days prior to the expiration of the current license. The Chief of Police or his designee shall complete said investigation within 45 days of the receipt of the application. If the investigation causes the application not to be approved until subsequent to the expiration of the then current license of the operator, the operator shall continue to be allowed on the rotating list until said pending application is either granted or denied. Upon completion of the investigation, the Chief of Police shall make his recommendation to the Township Clerk with respect to the granting or denial of a license. The Township Clerk shall forward all such information to the Township Committee in order for the Township Committee to decide upon the granting or denial of said license. If the license is denied for any reason by the Township Committee, $100 of the original fee shall be kept by the Township of Mullica as an administrative expense for the processing by the Clerk and the investigation by the Police Department.
[Amended 9-9-2003 by Ord. No. 13-2003]
(5) 
A conviction for any felony may be considered reason to eliminate said towing operator from the rotating list.
C. 
The Township of Mullica reserves the right to not renew any license of a towing operator already on the rotating list if said towing operator's performance has been determined by the Township Committee to be unsatisfactory for any reason. Any such towing operator denied re-licensure shall be given a hearing regarding the same if said towing operator requests said hearing within 15 days of being advised of his/her denial for re-licensure. Said hearing shall occur within 45 days after a written request is submitted by said towing operator requesting such hearing.
[Amended 9-9-2003 by Ord. No. 13-2003]
D. 
A towing operator's equipment, a list of personnel and base of operation are subject to periodic inspections and approval by the appropriate authorities of the Township of Mullica.
E. 
All towing operators shall comply with all federal and state laws and regulations concerning wages, hours and any and all other terms of employment.
All towing operators who wish to be licensed and placed on the rotating list pursuant to this chapter must meet the following requirements concerning employees:
A. 
Each towing operator shall make available for service at least two wreckers on twenty-four-hour call. One of these vehicles will be a roll-back-type conveyance vehicle. The second vehicle will be one with wheel lift capabilities. All vehicles shall also have in proper working order warning devices, such as lights, flares and flags suitable for placing on the highway to warn other motorists of the presence of a disabled or parked vehicle. The type, condition and design of the equipment required shall at all times be such that will efficiently perform the work required and shall be subject, from time to time, to inspection by the Township of Mullica. All vehicles shall be registered in the name of the towing operator and shall be properly registered and insured in accordance with all state statutes and regulations and this chapter.
B. 
The towing operator and all employees of the towing operator shall at all times be courteous to the motoring public and present a clean and neat appearance. All towing operator employees must wear an ANSI II-approved garment vest at all times when they are at the scene of an accident or tow and are not within the tow vehicle.
[Amended 9-9-2003 by Ord. No. 13-2003; 1-23-2018 by Ord. No. 2-2018]
C. 
The towing operator and all employees shall obey all traffic laws, regulations and ordinances while performing any services pursuant to this chapter. The towing operator shall have a continuing obligation to supply the names and addresses of all employees who will be performing services pursuant to this chapter to the Police Chief of the Township of Mullica. All such employees must have current and valid driver's licenses which would allow them to operate any of the tow vehicles.
D. 
Any and all complaints of any kind, including but not limited to complaints relative to service, overcharging, theft of personnel items or parts, damage to towed or stored vehicles, discourteous treatment and the like, shall be referred to Chief of Police or his designee. Any such complaint which is deemed to be true may subject the towing operator to suspension or removal from the rotating list, the filing of a criminal complaint or the filing of a summons for violating this chapter. The Chief of Police or his designee shall make the initial determination whether said charges are criminal in nature. If said charges are criminal in nature, the Chief of Police or his designee shall file a summons In the Municipal Court and/or refer the matter to the Atlantic County Prosecutor’s office, whichever action is deemed appropriate. If any violation is non-criminal, the Chief of Police shall have the authority to suspend a towing operator from the rotating list or to recommend to the Township Committee said towing operator’s removal from the rotating list. If the Chief of Police makes a determination that said towing operator should be suspended or recommended for removal from the rotating list, the towing operator shall have the ability to appeal such a decision to the Township Committee by filing a written request for appeal within 15 days of being notified of the Chief of Police’s decision. If no such an appeal is filed, the suspension shall take effect or the Township Committee shall remove said towing operator from the rotating list. If such an appeal is timely filed, then the towing operator shall be granted a hearing within 45 days of the date of the receipt by the Township Clerk of the written request for appeal. This date may be extended by mutual agreement between the towing operator and the Township Committee. At any such hearing, all parties shall be able to submit any and all witnesses, testimony and relevant evidence and the official Rules of Evidence of the State of New Jersey shall not be applicable. The Township Committee shall render a decision within 30 days after the conclusion of said hearing. The towing operator shall be allowed to continue to be placed on the rotating list until any final determination is made. If a suspension is ordered by the Township Committee, then said suspension shall be applicable whether or not the annual license has expired and a new license has been obtained for a subsequent year. The Township Committee, after hearing, may also refer the matter back to the Chief of Police with a recommendation that a summons be filed in Municipal Court for any violation of this chapter.
[Amended 9-9-2003 by Ord. No. 13-2003]
E. 
All towing operators placed on the rotating list pursuant to this chapter agree, understand and consent to the fact that by being placed on said rotating list they assume responsibility, unless otherwise provided by law, for any and all careless, intentional, negligent or other acts or omissions of themselves and their employees while acting in the performance of the duties prescribed by this chapter.
F. 
Nothing contained in this chapter shall allow any towing operator or any employee thereof to in any way indicate to the public or act in such a manner so as to represent to the public that said towing operator or its employees are employees of the Township of Mullica or representatives thereof.
G. 
All towing operators shall supply a detailed list of the equipment to be used in performance of services pursuant to this chapter, including the type of vehicles to be used, the storage location for said vehicles and whether the same are owned or leased, and if leased, from whom.
H. 
Notwithstanding any portion of this chapter, the towing operator is solely responsible for the safety, maintenance and operation of each piece of equipment utilized pursuant to this chapter, and any inspection by the Township of Mullica in no way relieves the towing operator of said responsibility.
I. 
All towing operators must have adequate personnel available during the hours of 8:00 a.m. to 4:30 p.m. Monday through Friday at said towing operator's base of service to accept payment for any and all charges resulting from a vehicle towed pursuant to this chapter.
[Added 9-9-2003 by Ord. No. 13-2003; amended 1-23-2018 by Ord. No. 2-2018]
[Amended 9-9-2003 by Ord. No. 13-2003]
No vehicle which is towed pursuant to this chapter, may be stored upon any public street, alley or passageway within the Township of Mullica and only may be stored in a storage area acceptable to the Township of Mullica in conformance with said Township zoning laws. Any vehicle towed pursuant to this chapter shall immediately be transported to the base of service of the towing operator. It shall absolutely be prohibited for any towing operator, for any reason, to tow any vehicles to the residential home of said towing operator or of any of said towing operator's employees. Any vehicles towed pursuant to this chapter shall be towed only to the base of service of said towing operator. Likewise, no vehicle which is towed pursuant to this chapter, shall be left on the tow vehicle to be taken to the base of operation at a later date.
Unless otherwise dictated by law, towing operators shall be responsible for the reasonable care, custody and control of vehicles and the contents therein during the time that towing services are provided. Towing operators who are placed on the rotating list hereby indemnify and hold harmless the Township of Mullica, its agents, servants and employees concerning any and all damage, theft, vandalism or other acts of destruction which occur on any vehicles towed and/or stored by said towing operator.
A. 
All towing operators placed on the rotating list established by this chapter shall remove and tow any and all vehicles as directed by the Mullica Township Police Department. The Mullica Township Police Department will have full jurisdiction and authority at any accident scene, and the towing operator must obey any and all orders and commands of police personnel in order to clear an accident scene expeditiously or to further the police in any type of assistance to the motoring public or investigation of an accident.
B. 
The towing operator shall respond promptly to any and all requests for towing services by the Township of Mullica. This means that any towing operator shall respond and be present at a location where towing services are required within a period of no more than 15 minutes after receipt of a request for towing services. The failure of a towing operator to arrive within said time frame may be considered cause for removing said towing operator from the rotating list established by this chapter.
C. 
When a towing operator is summoned by the Township of Mullica for the purpose of providing towing services pursuant to this chapter and the owner of the vehicle which is to be towed arrives on the scene prior to the removal of said vehicle by the towing operator and declines such service, said owner may be charged an unloading and show up charge which in no event shall be in excess of  1/2 the maximum fee established pursuant to this chapter for a day rate basic towing service.
D. 
In order to qualify to be placed on the rotating list, a towing operator’s base of service must have a parking area where at least 15 vehicles which are towed pursuant to this chapter may be parked. This requirement is for each towing operator using a base of service. Therefore, if two operators are permitted to use the same base of service, 30 spaces shall be required. Any base of the service not already in existence and used by a licensed operator as of the date of the adoption of this ordinance[1] shall be considered a conditional use and must receive appropriate approval to operate as a conditional use prior to being issued a towing license.
[Added 9-9-2003 by Ord. No. 13-2003]
[1]
Editor's Note: “This ordinance” refers to Ord. No. 13-2003.
Each towing operator shall prepare a bill for towing and/or storage fees for each vehicle towed pursuant to this chapter. All such fees shall be in conformity with requirements and conditions imposed by this chapter. Prior to the release of any vehicle by the towing operator from said towing operator's storage facility, the towing operator may obtain full payment of the amount due and owing to said towing operator for any and all towing and/or storage fees. In addition, the towing operator prior to the release of any vehicle must be given a copy of a release form executed by the Township of Mullica Police Department. The owner of the vehicle is responsible for obtaining said release slip from the Police Department and executing the same.
A. 
All insurance required pursuant to this chapter shall be furnished by an insurance company authorized to do business in the State of New Jersey. All towing operators placed on the rotating list established by this list will be required to purchase and maintain during the time they remain on said rotating list comprehensive automobile liability insurance, garage keepers liability insurance, comprehensive risk insurance for any storage building and/or facility and workers' compensation insurance with limits not less than those listed below:
(1) 
Automobile liability insurance shall not be less than $1,000,000 combined single limit (bodily injury and property damage). All such liability insurance policies shall be specifically endorsed to provide collision insurance for vehicles in tow commonly referred to as "on hook" coverage.
(2) 
Garage keepers liability insurance in an amount not less than $100,000 per location with additional on hook coverage to the extent it is not provided pursuant to Subsection A(1) above.
(3) 
Comprehensive garage liability insurance in an amount not less than $1,000,000 combined single limit.
(4) 
Workers' compensation insurance as required by law.
B. 
The Township of Mullica shall be named as an additional insured on all policies of insurance required by this chapter.
C. 
The towing operators, through their insurance companies, shall indemnify and hold harmless the Township of Mullica against any and all loss due to injuries, accidents or other damages of any character whatsoever caused as a result of an act or omission of the towing operator, his agents or employees in the execution of any towing services or other services performed pursuant to this statute.
D. 
The towing operator shall provide the Township of Mullica with certain certificates of insurance evidencing the coverage required by this chapter. Said certificates must be provided prior to the granting of any license pursuant to this chapter. Said certificates must specifically include naming the Township as an additional insured as set forth above and must specifically list each tow vehicle to be used by the towing operator in the performance of duties pursuant to this chapter. All such policies shall include a clause which shall provide the Township of Mullica at least 30 days' written notice prior to the cancellation or intention not to renew any said policy or 30 days' written notice regarding any material change in said policy. Any lapse of said insurance in any manner shall be cause for immediate removal of the towing operator from the rotating list established pursuant to this chapter.
A. 
Each towing operator placed upon the rotating list established by this chapter shall keep a clear record of all vehicles towed which clearly state the name and address of the owner of said vehicle, the insurance carrier pertaining to said vehicle, the vehicle make and model and identification number, telephone number of the owner, the name and address of the driver and the license plate number of said vehicle. Such record must be maintained on a monthly basis, and by the 10th day of each month, the towing operator must forward to the Chief of Police and City Clerk a list of vehicles towed for the preceding month.
B. 
All said records shall be kept for at least a four-year period from the date that towing services are provided pursuant to this chapter.
C. 
Towing operators shall maintain, if at all reasonably possible, a record of all personal property contained in a towed vehicle that can be observed in plain view at the time the towing services are performed. All towing operators will have a duty pursuant to this chapter to report any suspected illegal activities, contraband or evidence of crime observed by said towing contractor and/or its employees immediately to the Township of Mullica Police Department. Any invoices kept pursuant to this chapter shall be consecutively numbered and should display the name, address and telephone number of the towing operator on the same. Such invoice shall be prepared for each vehicle towed and/or stored pursuant to this chapter and must state, at a minimum, the date of service, the type of service, list of charges and identify characteristics of the vehicles as hereinbefore stated.
All fees as outlined by this chapter must be posted by the towing operator in an easily visible location at said towing operator's base of service and shall also be kept on file in the Clerk's Office of the Township of Mullica.
Nothing herein is in anyway meant to conflict or contradict any of the regulations adopted, or to be adopted, by the Commissioner of Insurance pertaining to towing services and regulations.
Except upon written consent of the Township, a towing operator shall not assign or transfer in any manner any license issued pursuant to this chapter.
Any person requiring towing services prescribed by this chapter shall have the option to engage an operator of his choice; provided, however, that said operator is immediately available to provide said service. If the operator is not immediately available and, in the judgment of the Chief of Police or his designee, the delay in waiting for said operator will create an unreasonable traffic or safety hazard, said officer shall immediately provide for the towing of said vehicle by a towing operator on the rotating list. Any owner shall only have the option to engage his own towing operator if she/he signs a release releasing the Township and any of its agents, officers or employees from any and all liability.
A. 
The operator agrees to make no claim against the Township of Mullica, its agents, representatives, and/or employees for towing fees or charges, storage fees or charges, road service fees or charges, or for any other fees, charges or expenses whatsoever, for failure to obtain auctionable title for any vehicle. This section shall apply to any and all passenger motor vehicles, trucks or motor vehicles that are stored or towed by the operator, including those abandoned and unclaimed by the owners thereof.
B. 
The Chief of Police of the Township of Mullica or his designee shall process any paperwork to obtain a junk title for any vehicle. The towing operator shall pay an administrative fee of $2 per vehicle for the processing of the paperwork to obtain said junk title. The Chief of Police or his designee, in his/her discretion, may also process paperwork to obtain titles for any abandoned or other vehicle. The Chief of Police or his designee, in cooperation with the towers, shall determine if a junk title should be obtained for any such vehicle or if said vehicle should be sold at auction.
C. 
The Chief of Police of the Township of Mullica or his designee shall process any paperwork to obtain a junk title for any vehicle. The Chief of Police or his designee, in his/her discretion, may also process paperwork to obtain titles for any abandoned or other vehicle. The Chief of Police or his designee, in cooperation with the towers, shall determine if a junk title should be obtained for any such vehicle or if said vehicle should be sold at auction.
[Amended 1-23-2018 by Ord. No. 2-2018]
D. 
Whenever any vehicle is sold, junked or released, a complete history of all bills generated regarding said vehicle shall be forwarded to the Mullica Township Police Department.
Each and every person violating any of the provisions of this chapter shall be subject, upon conviction thereof, to a fine not exceeding $500 or imprisonment in the county jail for not more than 90 days or not more than 30 days' community service, provided that the court shall have the power, in its discretion, to impose a sentence of both fine, community service and imprisonment not exceeding the maximum limits herein fixed. The continuation of such violation for each successive day shall constitute a separate offense, and each person continuing or allowing or permitting the continuance of a violation may be punished as provided above for each separate offense.