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.
(3) The registration must include for each person:
(a)
Name, residence and telephone number.
(b)
New Jersey driver's license numbers and expiration
date.
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]
[1]
Day (7:00 a.m. to 7:00 p.m., seven days a week)
response shall be within 12 minutes.
[2]
Night (7:00 p.m. to 7:00 a.m., seven days a
week) response shall be within 15 minutes.
[3]
Large vehicles service requirements shall be
normal day or night response plus 30 minutes when required.
(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:
[1]
Passenger vehicles and trucks under one ton.
(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.
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.
[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
|
(2) Storage.
(a)
No fee shall be charged for any storage period of less than
12 hours.
(b)
The following is the fee schedule for storage:
Type
|
Fee
|
---|
Outside secured storage
|
$45 per day
|
Inside secured storage
|
$60 per day
|
(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
|
(2) Storage.
(a)
No fee shall be charged for any storage period of less than
12 hours.
(b)
The following is the fee schedule for storage:
Type
|
Class 1
|
Class 2
|
---|
Secured storage
|
$75
|
$100
|
(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.
[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.