[HISTORY: Adopted by the Township Committee
of the Township of Mullica 3-11-1997 by Ord. No. 5-97. Amendments noted where
applicable.]
A.
ABANDONED VEHICLES, VESSELS, TRAILERS
AUTOMOBILE
CHIEF OF POLICE
CLERK
COMMISSIONER
DEPARTMENT
HOLIDAYS
INSIDE BUILDINGS
JUNKYARD
MOTOR VEHICLE ACCIDENT
OPERATOR
OUTSIDE SECURED
OUTSIDE UNSECURED
PERSON
RIVER OR LAKE TOWING
ROTATING TOWING LIST
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
TOWNSHIP
TOW SERVICE
TOW VEHICLE
TOW VEHICLE'S BASE OF SERVICE
WINCHING
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.
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]
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]
The Chief of the Police Department of the Township of Mullica
or said Chief's designee.
The Clerk of the Township of Mullica.
The Commissioner of Insurance of the State of New Jersey.
The New Jersey Department of Insurance.
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]
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.
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.
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]
A duly licensed tow truck operator engaged in the business
of towing motor vehicles.
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]
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.”
A person, firm, partnership, association, corporation, company,
organization or any other type of business entity.
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]
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.
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.
The Township of Mullica.
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]
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]
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]
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.
[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]
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.
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.
[1]
Editor’s Note: Former § 217-18, Emergency services,
was repealed 1-23-2018 by Ord. No. 2-2018.
[1]
Editor’s Note: Former § 217-19, Standby service,
was repealed 1-23-2018 by Ord. No. 2-2018.
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.
No towing operator shall release, without prior
authorization of the Township of Mullica Police Department, any vehicle
which is involved in any crime or suspected of being involved in a
crime.
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.
