[HISTORY: Adopted by the Township Committee
of the Township of Mantua 5-24-1994 (Ch. 139 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 143.
A.
AUTOMOBILE
BASIC TOWING SERVICE
COMMERCIAL VEHICLE
INSIDE BUILDING
MOTOR VEHICLE ACCIDENT
OUTSIDE SECURED
OUTSIDE UNSECURED
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
TOW VEHICLE
TOW VEHICLE'S BASE OF SERVICE
As used in this chapter, the following terms shall
have the meanings indicated:
A motor vehicle of a private passenger or station wagon type
that is owned or leased 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 (3/4 ton or less) 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 owner(s) other than farming or ranching.
An automobile owned by a farm family partnership 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.
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility and other services normally incident thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
Any vehicle other than that as defined as an automobile pursuant
to the definitions as contained in this chapter.
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.
An occurrence in which a private passenger automobile comes
in contract 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 owner
or operator of the motor vehicle even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the owner or operator
of the motor vehicle.
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high. The facility is to be lighted at night.
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.
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.
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 motor
vehicles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
A.
The Township Committee shall appoint persons or entities
meeting the criteria set forth in this chapter to provide towing and
storage services for damaged or disabled motor vehicles which are
to be towed or otherwise removed from the place where they are damaged
or disabled, by use of a tow vehicle, as defined in this chapter.
Such persons or entities shall be known as "official towers." The
services shall be provided by the official towers on a rotating basis
to be maintained by the Mantua Township Chief of Police.
B.
Official towers shall be identified by means of a
license that shall be issued in accordance with the provisions of
this chapter.
C.
Not less than 75 days prior to the beginning of each three-year term
of the official tower's license, the Township shall advertise
for towing license applications pursuant to this chapter. The advertisement
shall be published in the official Township newspaper.
[Amended 4-15-2019 by Ord. No. O-7-2019]
D.
All applicants shall submit their applications at least 60 days prior
to the commencement date for each three-year period. The applications
shall be reviewed in accordance with the procedures set forth in this
chapter. The award of a license to a successful applicant shall be
subject to compliance with the license requirements of this chapter.
[Amended 4-15-2019 by Ord. No. O-7-2019]
E.
Licenses shall be valid for a three-year period commencing on January
1 of the year in which it was issued and terminating on December 31
at the end of the three-year license period.
[Amended 4-15-2019 by Ord. No. O-7-2019]
F.
Notwithstanding the provisions of this chapter that provide for a
three-year term of the license, official towers shall submit, no later
than December 1 of each year that the towing license is in effect,
a detailed certification certifying that the official tower meets
the requirements of this chapter in regard to the issuance of licenses.
Said certification shall be submitted to the Chief of Police or appropriate
designee for review and approval. Failure to submit the certification
or failure to continue to abide by the requirements of this chapter
in regard to the issuance of a towing license shall subject the official
tower to revocation of the license in accordance with the procedures
contained herein.
[Amended 4-15-2019 by Ord. No. O-7-2019]
A.
Official towers shall furnish adequate and proper wrecking, towing,
storage and emergency repair services to motor vehicles damaged or
disabled within the limits of the Township, or any municipalities
for which the Township provides policing services, when requested
to do so by the Chief of Police or his authorized designee. The authorized
towing service is responsible for the prompt and safe removal of the
disabled vehicle and for the prompt and complete removal of all litter,
glass and debris resulting from the accident.
[Amended 3-4-2019 by Ord.
No. O-3-2019]
B.
No official tower shall subcontract any work to be
performed pursuant to this chapter without having first obtained prior
written approval from the Chief of Police. Any official tower to whom
approval to subcontract work has been given shall be responsible for
the services performed by the subcontractor and shall remain liable
for any violation of this chapter by the subcontractor.
C.
Appointed official towers shall also be responsible to tow abandoned
vehicles at the request of the Police Chief, his designee or other
authorized representatives of the Township. An abandoned vehicle is
considered to be a vehicle of any size, in any condition, abandoned
anywhere within the Township limits, upon any Township street or public
right-of-way, public easement, public alley, avenue, thoroughfare
or public/quasi-public places, including public parks and playgrounds.
Appointed towers shall also be responsible to provide the above services
to any other municipalities for which the Township provides police
coverage. An "abandoned vehicle" is defined by N.J.S.A. Title 39 or
municipal ordinance. Removal is to be performed under the direction
and supervision of the Police Department on a twenty-four-hour-a-day
basis, and all calls shall be answered within 30 minutes from 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. As to those vehicles which are designated as
abandoned by the Mantua Township Police Department, they will have
to be towed without charge to a storage lot owned by the contractor
and stored thereon for no longer than 90 days without any charges
or liens accruing against the Township. Abandoned vehicles remaining
after 30 days can be removed from the secure area, provided that a
junk title has been applied for and obtained.
[Amended 3-4-2019 by Ord.
No. O-3-2019]
D.
It shall also be the obligation of the official tower
to clean up debris, glass, metal and other debris from roadways related
to the vehicles which the applicant is towing.
E.
No charge shall be made to the Township by the towing agency for
local towing only within a ten-mile radius of the Municipal Building
for police vehicles. This provision applies to emergency or breakdown
purposes within the Police Department. Also, no charge shall be made
to the Township for vehicles determined to be involved in a criminal
investigation. The owner/operator shall be responsible for paying
all fees associated with the removal and storage of the involved vehicle.
All fees must be paid prior to the vehicle being released by the Police
Department.
[Added 4-7-2014 by Ord. No. O-2-2014; amended 5-19-2014 by Ord. No.
O-5-2014]
A.
Applications for inclusion on the official towers'
list shall be made to the Township Committee upon a form prepared
by the Township and shall contain all of the following information:
(1)
The name, residence and business address and telephone
number of the owner of the towing company. If the owner is a corporation,
the application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
(2)
A certification that the applicant has, will be able to and will in the future comply with the qualifications and minimum standards of performance set forth in § 375-5 below.
[Amended 2-11-2003 by Ord. No. O-3-2003]
(3)
A certificate or certificates of insurance evidencing adequate insurance coverage as hereinafter provided in § 375-10 below.
[Amended 2-11-2003 by Ord. No. O-3-2003]
(4)
Certification that the applicant will be able to provide towing services
anywhere in the Township or in any municipality for which the Township
Police Department provides policing services within the maximum response
time provided for herein:
[Amended 3-4-2019 by Ord.
No. O-3-2019]
(5)
Certification that the applicant will be available
for towing 24 hours a day.
(6)
Certification that the applicant will abide by the
fees contained in or referred to in this chapter.
(7)
Consent to appointment of the Township Clerk 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.
(8)
A site plan showing the location of the storage area,
the number of cars that can be stored, the total square footage area
of the storage area and outlying bounds of the inside building and/or
fencing.
(9)
Agreement to abide by the general rules and regulations
established by the Chief of Police in connection with towing procedures
within the Township.
B.
The applicant shall submit completed duplicate applications
to the Chief of Police for his review and approval. The review by
the Chief of Police shall consist of the following:
(1)
A background check to determine if either the applicant
or the applicant's personnel have been convicted of a criminal offense
or have had their driver's licenses suspended or revoked within the
past year. Conviction of a criminal offense or suspension of driver's
license within the past year shall be a cause for disqualification
from inclusion on the official towers' list.
(2)
An inspection of the personnel, 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 applicable laws and regulations and the
standards of performance required by this chapter.
To qualify for inclusion on the list of official
towers, applicants must meet the following minimum qualifications
and standards:
A.
Minimum vehicle requirements.
(1)
Every official tower shall maintain and have available
to render services required by this chapter a minimum of one regular
tow vehicle, one flatbed vehicle and one heavy-duty wrecker (under-reach
is optional).
(2)
Vehicle classes:
(a)
Regular tow vehicles must be equipped with a
boom or winch assembly mounted on the chassis, a tow sling or wheel-lift
assembly with at least 100 feet of either five-sixteenths-inch or
seven-sixteenths-inch cable attached to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch
or hydraulically operated bed, which slides or tilts to accommodate
transporting of vehicles.
(3)
Every official tower shall have available a heavy-duty
wrecker, which shall be rated at least at 35,000 pounds and shall
be capable of towing new style buses and trucks with fiberglass front
ends.
(4)
All equipment shall comply with all state and federal
regulations, and all vehicle operators shall possess a C.D.L. license
for over 26,000 pounds.
(5)
Each applicant shall submit, along with its application,
proof of ownership or lease of the vehicles which will be utilized
to provide services pursuant to this chapter.
B.
Minimum equipment requirements.
(1)
Every tow vehicle or flatbed vehicle shall be equipped
with the following:
(a)
At least one amber rotating beacon or strobe
light mounted on the highest practical location of the vehicles, visible
from 360° when in use and visible at a minimum distance of 500
feet during daylight hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for
towing vehicles at night, amber-colored.
(d)
Extra chains and cable for pulling or securing
a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar
or prybar, a set of jumper cables, a flashlight, one two-pound or
larger fire extinguisher of dry-chemical type, one dozen flares or
similar warning devices for placement at the scene of an accident,
if needed, or behind a disabled vehicle, at least 10 pounds of dry
sand or a drying compound for gasoline and oil spilled onto the roadway,
a bin for disposal of debris or other items to be taken from the site
and a sufficient quantity and types of tools to enable the tow operator
to perform proper and adequate emergency repair services for the tow.
(2)
Every tow vehicle or flatbed vehicle shall comply
with any and all state, federal and local laws, regulations and ordinances
pertaining to safety, lighting and towing equipment requirements and
shall be subject to inspection by the Chief of Police or his designee
at any time. No changes may be made in said vehicles or equipment
unless prior written approval is obtained from the Township.
(3)
Every tow vehicle or flatbed vehicle shall have the
official tower's license available upon request and shall have the
name of the official tower displayed on the vehicle in such manner
and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
C.
Minimum personnel requirements.
(1)
Official towers shall have available, at all times,
a minimum of two persons to provide the services required by this
chapter. All persons employed by official towers to provide the services
required by this chapter shall meet the following requirements and
be subject to the following regulations. They shall:
(a)
Have a valid driver's license having no restrictions
or conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(b)
Be mentally alert and present a neat appearance
at all times.
(c)
Obey all traffic laws and regulations.
(d)
Be subject to inspection by the Chief of Police
of the Township and shall be approved by the Chief prior to rendering
any services pursuant to this chapter.
(e)
Not have been convicted of a crime nor had their
driving privileges suspended or revoked within the past year.
(f)
Have satisfactorily completed a performance
(and written, if available) examination related to tow truck operation
by the Garden State Towmen's Association or another state-wide or
national trade organization within three years of application to the
Township to be an official tower.
[Added 2-11-2003 by Ord. No. O-3-2003]
(2)
No person shall be employed by the official tower
unless he has obtained a records check and has been approved by the
Chief of Police.
D.
Minimum storage requirements.
(1)
Every official tower shall maintain an inside building
or outside secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing
a minimum of 10 passenger vehicles and one tractor and trailer. The
area shall have at least 800 square feet of inside storage facilities
to hold and protect police-hold vehicles.
(b)
The location of the storage area shall be either within the
limits of the Township or at no more than a two-mile radius outside
of the Township or any other municipality for which the Township provides
policing services so as to facilitate reasonable towing distances.
[Amended 3-4-2019 by Ord.
No. O-3-2019]
(c)
The storage area shall be fully enclosed by
a sturdy fence having a minimum height of six feet, with at least
one lockable gate for ingress and egress.
(d)
The storage area shall be in an area legally
zoned for such use or be a preexisting nonconforming use permitted
under N.J.S.A. 40:55D-68.
(e)
The towing service and storage facility shall
be available 24 hours a day, 365 days per year and shall be open to
the public on weekdays during normal business hours and for four hours
on Saturdays. The applicant shall specify the hours on which the facility
will be open on Saturdays. The applicant is not required to open on
Sundays.
(f)
The official tower shall have an employee on
duty during all hours in which the storage facility is open.
(g)
The official tower may charge a release fee
or other charge for releasing vehicles to their owners after normal
business hours or on weekends, but in no case shall such fee exceed
$25.
(h)
The official tower shall have available an area
within the Township to store vehicles involved in suspected crimes
or criminal activities as directed by the Chief of Police.
(2)
Ownership of storage area; zoning; fencing requirements.
(a)
The applicant shall, with its application, submit
proof of ownership or lease of the storage area, as follows:
[1]
If the bidder is the owner in fee of the required
storage area, he is to submit with his bid a certified copy of the
deed for the land, together with a survey of the land.
[2]
If the bidder has a lease for the required storage
area, he is to submit with his bid a copy of the lease, containing
a legal description, together with a copy of the survey of the land.
The lease must extend to at least six months after the termination
of the contract.
[3]
If the bidder has an option to lease the required
area, he is to submit with his bid a copy of the option agreement,
containing a legal description, together with a copy of the survey
of the land. The lease must extend to at least six months after the
termination of the contract.
[4]
The deed, lease or option to lease and the survey
approved as to the form and legality by the Township Solicitor and
the survey approved by the Township Engineer.
(b)
The survey or surveys hereinabove required shall
have set forth thereon a certification by the surveyor as to the square
footage within the storage area as surveyed.
(c)
The vehicle storage yard must be located on
land zoned for such use. The vendor must have current and properly
issued licenses or permits, if required, for the operation and continuation
of the storage yard at the time of bidding and shall maintain such
permits and licenses throughout the term of the license provided for
herein. A certification from the municipality in which the storage
area is located demonstrating conformity with the applicable zoning
and with all required licenses and permits must be submitted with
the bids. The vendor must also be in compliance with all applicable
municipal codes for the municipality in which the storage area is
located.
(d)
No towed vehicle may be parked upon the public
street or right-of-way, but must be stored by the tower within the
storage area as herein above described.
(e)
The entire land area must be enclosed by an
opaque fence of sturdy construction at least six feet in height.
(3)
The official tower shall be responsible for ensuring
the proper and safe storage of all vehicles towed pursuant to this
chapter. The official tower shall be liable for any damage incurred
by such vehicles while in transit to or while stored in the storage
area.
(4)
It shall be the obligation of the applicant to maintain
its facilities in a clean condition.
(5)
All equipment and storage yards utilized by the applicant
may be periodically inspected by personnel from the municipality on
a routine basis during normal business hours to make sure that the
applicant is complying with the terms of this chapter.
E.
Minimum standard of performance.
(1)
Response time.
(a)
The towing service bidding for Township towing requirements
must guarantee the following response times within the Township of
Mantua or any other municipality for which the Township provides policing
services:
[Amended 3-4-2019 by Ord.
No. O-3-2019]
(b)
Response time determination is to be initiated
when the police call requesting towing is completed. In no case will
the police wait more than 30 seconds for the telephone connection.
Where the police cannot reach the authorized service, an adequate
authorized service will be called and the incomplete call charged
against the 10% delayed-service performance category.
(2)
Performance standards. The towing service authorized
by the Township of Mantua will be responsible for and will guarantee
the following response performance standards:
(a)
Ninety percent of all calls referred will be answered (towing vehicle reaches the location to which it is sent) within the response time limits specified in Subsection E(1) above.
(b)
Not more than 10% of the calls will be answered
within an additional 10 minutes, day or night.
(c)
No response will be later than 25 minutes whether day or night with the exception of Subsection E(1)(a)[3].
(d)
The performance standards will be reviewed periodically. Where the authorized towing service's performance record is found to be unsatisfactory, such tower will be terminated immediately. (See § 375-12.)
(e)
Vehicles involved in accidents and disablements, stolen vehicles, vehicles involved in suspected crimes and the like must be towed and stored under the direction and supervision of the Police Department 24 hours a day, seven days a week. Vehicles must be available for release between the hours of 9:00 a.m. to 5:00 p.m., Mondays through Fridays, and 9:00 a.m. to 12:00 noon, Saturdays except for legal holidays. The tower must arrive at the scene of the accident within the response time provided for above under normal conditions after police notification. The Township will expect the tower to arrive at the scene of the accident within the time specified to effect immediate removal and towing of the vehicles. Repeated late arrivals at the scene of the accident may result in the cancellation of the contract. Towing and storage charges must be in accordance with these specifications. The Township will not be responsible for the collection or payment of any charges for towing or storage, except for standby services, as set forth in Subsection E(3) hereafter, under the terms of this chapter.
(3)
Emergency service.
(a)
In addition to the service herein outlined,
the tower will be required to furnish extra towing equipment and service
during storm periods or snow emergencies, traffic emergencies, disasters
or any acts of God and for any other reason when so designated by
the Chief of Police or his duly authorized representative. During
such periods, which are herein referred to as "standby periods," the
tower shall be required to furnish adequate equipment and service
to be held ready to remove the following types of vehicles:
(b)
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.
(4)
The Township reserves the right, during any emergency,
to designate temporary areas owned or leased by the Township for the
storage of disabled vehicles to said area at the direction of the
Chief of Police or his designee. During said emergencies, the tower
shall be entitled to make regular charges to the owners of the vehicles
so removed, and where the storage space is made available by the tower,
the tower shall be entitled to charge the owner of the vehicle the
lawful daily storage charges in addition thereto.
A.
An applicant may be included on the official towers'
list by the Township Committee, by resolution adopted at a regular
public meeting, when, from a consideration of the application and
from such other information as may otherwise be obtained, they find
that all of the following circumstances exist:
(1)
The applicant has met the standards in this chapter.
(2)
The applicant has not knowingly and with intent to
deceive made any false, misleading or fraudulent statements of material
fact in the application or in any other document required pursuant
to this chapter.
(3)
The applicant has furnished the required hold harmless
agreement and certificates of insurance.
(4)
The application has been reviewed and approved by
the Chief of Police.
(5)
Neither the applicant nor the applicant's personnel
have been convicted of a criminal offense or had their driver's license
suspended within the past year.
B.
The Chief of Police shall conduct his review and render
a report to the Township Committee, recommending either approval or
denial of the application, within 21 days of receipt of the application
from the applicant. The Township Committee shall take action with
regard to the application within 39 days of receipt of the written
report of the Chief of Police. The applicant or its representative
shall be given notice of the date on which the Township Committee
will consider the application and shall be permitted to appear and
be heard at that time.
C.
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 Committee.
D.
If the Township Committee fails to take action within
60 days of receipt of a complete application, the application shall
be deemed to have been denied.
A.
Upon approval of the application as herein provided,
the Township Clerk shall issue the applicant an official tower's license
for each tow vehicle or flatbed vehicle to be utilized in providing
services pursuant to this chapter.
B.
Said licenses, which shall be in a form approved by
the Township Committee, shall be displayed on the tow vehicle or flatbed
vehicle at all times.
C.
The licenses shall be valid for the one-year period as set forth in the chapter, shall be nontransferable and shall be subject to revocation by the Township Committee as set forth in § 375-12 below.
E.
Licenses shall not be transferable from one vehicle
to another without the consent of the Chief of Police. Consent may
be granted at the sole discretion of the Chief, if the licensee demonstrates
that the transferee vehicle complies with all of the requirements
of this chapter.
F.
Appointment by the Township on the designated towing
and storage list shall be nontransferable to any third party unless
otherwise agreed to in writing by the Township. This shall include
the nontransferability of the stock ownership interest in any corporate
entity from one person to a third party.
A.
Official towers shall be placed on the official towers'
list at the beginning of each one-year period in accordance with the
procedures as set forth in this chapter. The official towers shall
rotate on the list for one week at a time or for such a period as
designated by the Chief of Police in accordance with his rule-making
authority under this chapter. Unless otherwise changed by the Chief
of Police under his rule-making authority, the one-week rotation shall
commence at 12:00 a.m. Monday and terminate at 11:59 p.m. the following
Sunday.
B.
The Township shall request wrecking, towing and storage
services from each official tower in rotation. When called, the tower
shall advise the dispatcher if a vehicle is available and the estimated
time of arrival. If no tow vehicle is available or if, in the discretion
of the Township official making the request, the response time is
insufficient under the circumstances to properly protect the public
health, safety or welfare, the next official tower on the list shall
be called for that particular towing event. The official tower who
is at the top of the list, however, shall remain on the top of the
list for any subsequent calls until that tower's one-week period at
the top of the list is finished.
C.
All requests for service shall be made by the Chief
of Police or his official designee.
D.
The Township shall request service only from official
towers; provided, however, that if no emergency or road hazard exists,
the Township shall request such service from such other person as
the owner of the motor vehicle in need of such services may request,
and provided, further, that, if none of the official towers are available
or able to provide such services as are requested by the Township
or if an emergency exists, the Township may request such services
from any other available source.
E.
During adverse weather conditions, heavy traffic conditions
or emergency conditions, official towers shall give priority to requests
from the Township over any other requests which may be received by
the official towers.
The tower shall agree, in writing, to assume
the defense of and indemnify and hold harmless the Township, elected
officials, boards, commissions, officers, employees and agents from
all suits, actions, damages or claims to which the Township may be
subjected of any kind and nature whatsoever resulting from, caused
by, arising out of or as a consequence of the provision of towing,
wrecking, storage and/or emergency services provided at the request
of the Township pursuant to this chapter. Official towers shall enter
into a hold harmless agreement, in a form to be prepared by the Township
Solicitor, prior to being included on the official towers' list.
A.
No person shall be included on the official towers'
list unless and until such person has provided to the Township a certificate
or certificates of insurance evidencing that there is in effect the
following insurance coverages:
(1)
Automobile liability insurance in combined single
limits of an amount not less than $1,000,000.
(2)
Workers' compensation as required by law.
(3)
Garage keepers' liability in an amount not less than
$60,000 per location.
(4)
Garage liability in combined single limits of an amount
not less than $1,000,000.
(5)
Sufficient comprehensive general public liability
insurance to protect the Township from any liability, loss or damage
arising out of the activities to be conducted. Such insurance shall
be in the minimum amount of $1,000,000 for each person and $2,000,000
for each accident.
[Amended 11-22-1994]
B.
Policies of insurance shall contain endorsements to
provide collision coverage for vehicles in tow.
C.
Policies of insurance shall be written by insurance
companies authorized to do business in the State of New Jersey. The
insurance companies shall be acceptable to the Township and shall
have at least a B+ rating by a recognized rating service.
D.
All certificates of insurance shall provide that the
policies may not be canceled, terminated or coverage decreased without
30 days' written notice to the Township.
E.
Policies of insurance required by this chapter shall
be maintained in full force and effect at all times. In the event
that any coverage is canceled, terminated, interrupted or decreased
in amount, the tower shall be removed from the official towers' list
until such time as the required coverage is reinstated or replaced.
[Amended 4-18-2011 by Ord. No. O-05-2011; 4-1-2019 by Ord. No. O-5-2019]
A.
Fees for towing and storage of private passenger vehicles (light-duty
towing or light-duty wrecker/flatbed) apply only when initially and
specifically requested by the Mantua Township Police Department as
a result of a motor-vehicle crash (MVC), police impound, or disabled
motor vehicle (DMV), and may not exceed the following fee schedules.
(1)
Towing. The following is the fee schedule for towing services:
|
Weekdays (Monday through Friday, 8:00 a.m. to 5:00 p.m.)
|
Fee
|
|---|---|
|
Police impound, DMV
|
$125 flat rate
|
|
Disabled motor vehicle
|
$125 flat rate
|
|
Police request for tow due to motor vehicle crash
|
$125 ($3/loaded mile)
|
|
Winching, basic only
|
$95
|
|
Miscellaneous Fees
|
Billed per 1/2 hour
|
|
Labor rate per 1/2 hour, per additional man if needed
|
$90
|
|
Road clean (extraordinary cleanup only)
|
$45
|
|
Flatbed cleanup
|
$45
|
|
Uprighting and major recovery
|
$185 minimum charge
|
|
Material charge (oil dry, oil absorbers)
|
$20
|
|
Nights, Weekends and New Jersey State Holidays
|
Fee
|
|
Police impound only
|
$150 flat rate (no mileage)
|
|
Police request for tow due to MVC, breakdown, RSV
|
$150 ($3 per loaded mile)
|
|
Winching, basic only
|
$125
|
|
Miscellaneous Fees
|
Billed per 1/2 hour
|
|
Labor rate per 1/2 hour, per additional man if needed
|
$100
|
|
Road clean (extraordinary cleanup only)
|
$50
|
|
Yard labor (to include escort and cleanup)
|
$55
|
|
Flatbed cleanup
|
$45
|
|
Uprighting and major recovery
|
$250 minimum charge
|
|
Material charge (oil dry, oil absorbers)
|
$20
|
(3)
Service calls. The following is the fee schedule for service calls:
|
Type
|
Day
|
Night
|
|---|---|---|
|
Road service
|
$75
|
$105
|
|
Tire change
|
$75
|
$95
|
|
Battery/jump-start
|
$75
|
$95
|
|
Gas/fluid delivery (plus gas cost)
|
$75
|
$95
|
B.
Fees for medium- and heavy-duty service.
(1)
Towing. The following is the fee schedule for towing services:
|
Class 1: All Vehicles 9,000 to 16,000 Pounds Gross Vehicle Weight
|
Class 2: All Vehicles 16,001 to 80,000 Pounds Gross Vehicle
Weight
| |
|---|---|---|
|
Type
|
Weekdays, 8:00 a.m. to 5:00 p.m.
| |
|
Standard tow
|
$200 per hour (minimum 2 hours)
|
$300 per hour (minimum 2 hours)
|
|
Wheel lift
|
$210
|
$300
|
|
Flatbed
|
$225
|
$350
|
|
Nights, Weekends, and Holidays
| ||
|
Standard tow
|
$200
|
$300
|
|
Wheel lift
|
$220
|
$300
|
|
Flatbed
|
$235
|
$325
|
(3)
Labor. The following is the fee schedule for additional labor:
|
Type
|
Class 1
|
Class 2
|
|---|---|---|
|
Labor rate per hour per additional man
|
$95
|
$110
|
C.
Fees for rapid recovery for rollovers and heavy-duty service.
(1)
The following is the fee schedule for rapid recovery and heavy-duty
service:
|
Type
|
Fee
|
|---|---|
|
Heavy-duty thirty-five-ton hydraulic wrecker with operator (crane)
|
$900
|
|
Heavy-duty thirty-five-ton hydraulic wrecker with operator
|
$500
|
|
Heavy-duty twenty-five-ton hydraulic wrecker with operator (crane)
|
$900
|
|
Heavy-duty twenty-five-ton hydraulic wrecker with operator
|
$500
|
|
Heavy-duty mechanic wrecker with operator
|
$350
|
|
Medium-duty hydraulic wrecker with operator
|
$325
|
|
Heavy-duty rollback with operator
|
$285
|
|
Bobcat forklift with operator; pallet jack
|
$285
|
|
Tractor trailer box unit with operator
|
$375
|
|
Tractor trailer lowboy unit with operator
|
$400
|
|
Site coordinator
|
$150
|
|
Base coordinator
|
$80
|
|
Extra man, straight time
|
$95
|
|
Extra man, overtime
|
$125
|
(2)
Extra equipment and material required will be charged on an as-needed
basis.
(3)
There is a five-hour minimum per incident.
A.
In the event a complaint is received by the Township
involving the improper or unsatisfactory performance of services by
an official tower, excessive charges or damage to a motor vehicle
while in custody of the tower, written notice of the same shall be
provided by the Township Clerk to the official tower involved. The
tower shall have the opportunity to respond, in writing, within five
days.
B.
Within 14 days of receipt of the tower's response
or within 21 days of receipt of the complaint if no response is received,
the matter shall be presented by the Township Clerk to the Mayor and
Committee.
C.
The Mayor and Committee shall consider the matter
at a regular public meeting and may request that the complainant and
the tower involved appear and give testimony regarding the complaint.
D.
A license may be revoked and the tower taken off the
official towers' list for any one or more of the following reasons:
(1)
If it is subsequently determined that the applicant
knowingly and with intent to deceive made false, misleading or fraudulent
statements of material fact in the application or in any other document
required pursuant to this chapter.
(2)
Violation of any federal or state law or municipal
chapter or regulation relating to the operation of a motor vehicle
or the provision of towing services.
(3)
Violation of any rule or regulation promulgated by
the New Jersey Department of Insurance.
(4)
Unsatisfactory service provided pursuant to this chapter.
(5)
Failure to pay the required license fees.
(6)
Failure to comply with the terms of this chapter.
(7)
Failure to comply with all state and federal laws
and regulations concerning wages, hours and terms of employment.
(8)
Failure to comply with all environmental regulations.
E.
If, after considering the matter, the Mayor and Committee
shall determine that one of the causes for revocation of the official
tower's license, as set forth above exists, the license shall be revoked
and the tower shall surrender the same to the Township Clerk within
one day.
F.
Failure to surrender the license upon revocation shall
constitute a violation of this chapter.
G.
Nothing contained herein shall prevent or limit the
right of any person to commence or maintain an action for damages
or any other relief directly against an official tower in a court
of competent jurisdiction.
A.
Copies of this chapter and the schedule of fees that
may be charged by official towers shall be made available to the public
during normal business hours at the Township Municipal Building. Copies
shall also be made available to the public at each official tower's
place of business.
B.
All official towers shall post, in a prominent place
at each storage area clearly visible to the public, services provided
pursuant to this chapter.
C.
The Township reserves the right to make periodic unannounced
inspections of the personnel, vehicles, equipment and storage areas
of all official towers.
D.
The relationship between an official tower and the
Township is one of an independent contractor. Neither party shall
be construed in any manner whatsoever to be an employee of the other,
nor shall any employee or agent furnished by any party be construed
to be an employee or agent of the other party. Inclusion on the official
towers' list shall not be construed or considered as a joint venture,
partnership, association, contract of employment or profit-sharing
agreement.
E.
The municipality shall not be liable or responsible
for compensating the official towers for any of the services performed
under this chapter unless those services are performed for the Township
vehicles. Compensation shall be the responsibility of the owner of
the towed motor vehicle, and the official tower shall proceed directly
against the owner.
F.
The official tower shall, at all times, be solely
responsible for the conduct of its employees.
G.
Each official tower shall keep and maintain adequate
and complete records showing all vehicles towed, stored and released,
all services rendered and all fees charged and collected. All records
shall be available for inspection by the Township at any time during
normal business hours. Records shall be kept and maintained by the
official tower at one central location and shall be retained for a
period of seven years. Records may be written, printed or computerized
as long as the requirements of this subsection are met.
H.
Each official tower shall obtain and keep current
a certification from the Township demonstrating conformity with the
applicable zoning and with all required licenses and permits. This
certification shall be submitted with the annual official tower's
application. Furthermore, all official towers must be in compliance
with all applicable Township ordinances.
[Added 2-11-2003 by Ord. No. O-3-2003]
[Amended 3-11-2003 by Ord. No. O-7-2003]
A.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not
to exceed $2,000, up to 90 days in jail and up to 90 days' community
service, or any combination of the above. Each violation of any of
the provisions of this chapter and each day the same is violated shall
be deemed and taken to be a separate and distinct offense.
B.
In addition to the fine provided above, a violation
of any of the provisions of this chapter shall be cause for revocation
of the official tower's license.
