Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton 12-3-2013 by Ord. No. 2013-11-011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 174.
Abandoned vehicles — See Ch. 263.
Vehicles and traffic — See Ch. 265.
Attachment 1 - Rate Schedule
[1]
Editor's Note: This ordinance repealed former Ch. 261, Towing and Storage, adopted 4-3-2012 by Ord. No. 2012-2-003.

§ 261-1 Purpose.

The purpose of this chapter is to provide standards, regulations and rates for police-requested, nonpreferential towing and storage services without competitive bidding, in accordance with N.J.S.A. 40:48-2.49 et seq. and 40A:11-5(u), under the supervision of the Township Committee, Township Administrator and the Lumberton Township Police Department.

§ 261-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AUTOMOBILE
A motor vehicle of a private passenger, sport utility 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 a delivery sedan, a van or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in occupation, profession or business by the owner.
BASIC TOWING SERVICE
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.
CHIEF OF POLICE
As used in this chapter, the Chief of Police shall be the highest ranking uniformed police officer with jurisdiction for law enforcement in Lumberton Township or his designee.
HEAVY DUTY TOW
A tow, which based the weight of the vehicle being over 30,000 pounds gross vehicle weight, or the vehicle's size or special characteristics, which requires the use of special equipment greater than that used by a basic towing service.
LICENSEE
A towing operator licensed hereunder.
MOTOR VEHICLE ACCIDENT
An occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accident 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.
POLICE
The Township Police Department, state police, county police or such other police department that may have jurisdiction upon the roadways in the Township.
STORAGE CHARGES FOR THE TWENTY-FOUR-HOUR PERIOD
The maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.
STORAGE FACILITY
An automobile storage facility that is secured by a fence, wall or other man-made barrier that is at least six feet high and is installed with a passive alarm system or a similar on-site security measure. The facility is to be lighted at night.
TOW TRUCK
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.
TOWING OPERATOR
A person, corporation or other form of business entity engaged in the business of providing a basic towing service or heavy-duty tow service to the general public and providing storage facilities for vehicles towed.
TOWING OPERATOR'S BASE OF SERVICE
The towing operator's principal place of business where the tow trucks are stationed when not in use.
TOWNSHIP ADMINISTRATOR
As used in this chapter the Township Administrator of the Township of Lumberton. In the absence of the Township Administrator any duties herein assigned shall be the responsibility of the Township Committee Liaison for the Police Department or his designee.

§ 261-3 Unlimited number of licenses; rotation of list.

A. 
All towing operators who meet the standards set forth in this chapter shall be issued a license. The Township will not restrict the number of existing licenses to the towers that first qualify hereunder. The Township will entertain towing applications at any time during the two-year period covered by the tow list to be created on or about March 1, 2014. Nevertheless, any towers added after the creation of the original tow list shall only be on the tow list until the expiration of the period identified herein, i.e., the last day of February of an even year. All applications filed during the term of the list to be created on or about March 1, 2014, shall be required to have all the information required herein and the fee for the application shall be the same as fixed herein, regardless of when during the two-year period a tower applies. There shall not be any proration of the application fee. All such licensed towing operators shall be put on a rotational list compiled by or under the authority of the Chief of Police of the Township and shall be called to respond to the needs of the police on a rotating basis.
B. 
Approved tow operators shall operate on a per call rotational list. The Township does not guarantee a minimum or maximum number of tow calls during a contract period. If a tow operator is called for a tow and does not acknowledge the call within five minutes and respond to the scene within 20 minutes, the tow operator shall be skipped with no compensation and the next tow operator on the list shall be summoned.
(1) 
Tow operators are called on a rotational list by Burlington County Central Communications ("Central"). The Township recognizes that a tow company may be tied up on other calls when needed by Lumberton. If a tow operator cannot meet the requirements of the Township chapter and respond to the scene within 20 minutes, it has an obligation to immediately inform Central. The tow company is not permitted to assign the work to another tow company and shall not do so. If the company cannot handle the call, Central will immediately notify the next tow company on the rotational list and the originally called tow company will be skipped in the rotation.
C. 
The Township shall establish two lists of tow operators: the primary list shall include basic tow services. A secondary list shall be for heavy-duty tow operators only. If a heavy-duty tow is required the tow operator shall be called from that list with no change in rotation from basic duty tow list.
D. 
On a rare occasion, the Township shall require a motor vehicle be towed to a secured location upon property owned by a public entity in connection with an ongoing investigation. Such publicly owned property will be other than the tow operator's storage facility. In such cases, the tow operator shall tow the vehicle free of charge to the Township but shall not lose its place on the rotation list. By performing this action for the Township, the tow company is contributing to the public safety in a manner not necessarily anticipated in these regulations and, therefore, the tower shall not lose its place on the tow list if it provides that service to the Township.

§ 261-4 Licensing procedure.

A. 
Except for the occasional solicited towing incident allowed under § 261-8 hereof, no towing operator shall operate within the Township without obtaining a license in accordance with the provisions of this chapter.
B. 
Every applicant for a license shall complete, sign and verify a written application in the manner and on forms furnished by the Township Clerk and, if no forms are made available, the information shall be furnished on the tow operator's letterhead. The application shall include:
(1) 
Name, business address, residential address and telephone numbers (cell phone, residence and business numbers) of the towing operator and principal owners thereof.
(2) 
Locations of storage areas for tow trucks, towed vehicles and all other vehicles used in the towing operator's business.
(3) 
The application shall be accompanied by the following supporting documentation:
(a) 
Zoning certification (issued by the Municipal Zoning Officer/Construction Official) and fire subcode certification (issued by Fire Official). Both certifications shall be issued within the 60 days prior to the application's submittal. Any applicant with outstanding zoning and/or construction code violations will be automatically denied an application if the same are not cured within 30 days' notice from the Township official. If the Zoning Officer or Fire Official has not responded to the request, the applicant may submit proof that the applicant has requested such approval in lieu of the actual approval. As long as the applicant has requested those Township officers for the credentials indicated, the absence of those credentials in the application will not be the cause of failure of the application.
(b) 
Deed of ownership or lease agreement for storage locations. All lease agreements shall cover, at minimum, the entire two-year term of the contract plus one month. For example, the lease agreement for the next term must demonstrate control of the storage area through the last day of February 2016.
(c) 
The applicant shall clearly articulate if it is seeking approval on the basic tow rotation list, the heavy-duty tow rotation list or both.
(d) 
The tow operator shall have a sufficient number of employees available to comply with the minimum operational requirements of this chapter. The number of employees on duty, on call and available to respond 24 hours a day, seven days a week shall not be less than three qualified individuals. The tow operator shall submit a roster of employees (by name and address). That list shall be accompanied by a certified driver's abstract of each identified employee. Said abstract shall be issued by the New Jersey Division of Motor Vehicles within the 60 days prior to the submission of the application.
(e) 
Background checks will be performed internally by the Lumberton Police Department as well as through the New Jersey State Police through a fingerprint system. Applicants will be required to submit fingerprint background checks through the Morpho Trak System. All costs associated with the fingerprint background check will be borne by the applicant. No person shall be utilized for towing or perform any services under this contract unless the Township has obtained a criminal background and motor vehicles records check and the individual has been granted approval by the Chief of Police. A driver shall be automatically disqualified where the individual has been convicted of a crime of the fourth degree or higher within the past five years, unless waived by the Chief of Police for good cause. Any driver convicted of a disorderly persons offense shall be authorized to participate on the tow list, at the discretion of the Chief of Police, taking into account the nature of the offense, the date of the event and efforts taken by the individual to make societal amends.
(f) 
Roster of tow trucks and other vehicles (by registration number and serial number).
(g) 
Certificates of insurance as required herein.
(h) 
Affirmative action certification.
(i) 
Stockholder's certification (if applicable).
(j) 
Names and addresses of three references from businesses, companies and/or municipalities with whom applicant is or has provided towing recovery and storage services.
(k) 
Certification that applicant will be available for service on business premises 24 hours per day, seven days per week and that applicant will comply with the fees and procedures contained in or referenced in this chapter.
(l) 
A current fee schedule recognizing the maximum fees permitted by this chapter.
(m) 
A nonrefundable application fee of $250 shall be paid to the Lumberton Township by each applicant.
(n) 
Such other information as the Township Committee, Township Administrator or Chief of Police may reasonably prescribe.
C. 
Tow operators have the continuing obligation to keep the above application requirements up-to-date throughout the entire term of the contract including notifying the Police Department of new hires and providing a certified driver's abstract and submitting to a criminal background check prior to the employee engaging in tow services for Lumberton Township.
D. 
A license, once issued, shall be valid for a maximum of two years and will expire on the last day of February in even numbered years. Any potential tower, whether on the current tow list or not, may apply one month prior to the expiration of the current license using a new application and paying the applicable registration fee.
E. 
No more than one license shall be granted to any applicant. No licensee shall have any interest in any other license. The person, persons or entity comprising the ownership or partial ownership of one towing entity shall not submit an application for another entity under a separate name. The purpose of this provision is to expand the number of unaffiliated towers on the tow list and to discourage any one person, persons or entities having more than one spot on each rotational list. Once issued, a license is not transferable.
F. 
The Chief of Police of the Township is charged with the responsibility of investigating new and renewal licensees. Upon completion of an investigation, the Chief of Police shall report his recommendation to the Township Clerk. A recommendation of approval shall be predicated upon the Police Chief's determination that:
(1) 
The applicant is financially capable of sustaining the business of a towing operator in the Township.
(2) 
The applicant and all individuals identified on the roster of employees are of good moral character and meet the general standards of this chapter, as hereinafter set forth. The applicant shall authorize a personal background check, commercial, credit and personal references and such other investigative checks as the Chief of Police may require.
(3) 
If a previous licensee, the applicant has met the performance standards of this chapter, as hereinafter set forth.
(4) 
The applicant demonstrates the adequacy of equipment and facilities, availability and adequate response time and the security of the vehicles towed or stored, all as specified in the standards of this chapter, hereinafter set forth.
G. 
The Township Clerk shall issue a license to any applicant recommended for approval by the Chief of Police. The Township Committee shall therein adopt a resolution authorizing the execution of a contract for services with each licensee.
H. 
On or about March 1 of an even year (e.g., 2014, 2016, 2018, etc.) the Township Clerk shall furnish the list of licensees for that two-year cycle to the Chief of Police and to all applicants, whether or not approved.
I. 
An applicant not so approved may appeal to the Township Administrator. Any such appeal shall be filed within 10 days after receipt of the list of licensees from the Township Clerk. The Administrator shall undertake a review of the reasons for rejection by the Chief of Police and shall make an independent determination based upon the standards and criteria of this chapter and the investigative file developed by the police.

§ 261-5 Complaints, suspension or revocation of license to tow.

A. 
Complaints of any kind, relative to service, overcharging, theft of parts or vehicle contents, damage to towed or stored vehicles, discourteous treatment and the like shall be referred to the Chief of Police for investigation and recommendation to the Township Committee, if necessary. The Chief of Police or his designee shall notify the tow operator in writing of a pending investigation. The Chief shall allot a reasonable time to correct an issue confirmed by the investigation and notify the subject in writing of his findings and time to correct such issues. If the violation is not corrected within the time allotted, the Township may suspend or revoke the contract and immediately remove the tow operator from the rotation list or lists.
B. 
Adequate grounds for a revocation of the contract shall include, but are not limited to, a violation of the terms of this chapter, fraudulent or inaccurate application information, unsatisfactory service or the violation of the New Jersey Department of Insurance Rules and Regulations or any statute or regulation of this chapter. Although a serious violation involving dishonesty in the application process or fraud upon the public or misbehavior by a tower may cause there to be a revocation, there may still be such revocation for habitual violations of more minor offenses if determined by the Chief that such revocation is in the best interests of the public.
C. 
The tow operator has the right to appeal to the Township Committee within 10 days of the receipt of the written decision and shall receive a hearing within 30 days of the receipt of the notice.
D. 
Upon conclusion of the hearing, the Township Committee shall determine whether to affirm, reverse or modify the prior decision of the Chief of Police or his designee. If the tow operator's license is revoked, the tow operator shall not be eligible to reapply during the balance of the two-year tow period within which the revocation occurs and for two additional years.

§ 261-6 Responsibility of licensees; minimum standards of performance.

A. 
Responsibilities. The licensee shall:
(1) 
Be capable of providing towing on a twenty-four-hour, seven-days-a-week basis, including holidays.
(2) 
Be capable of responding to a call for service from the police within 20 minutes after notification by the police.
(3) 
Have a minimum of two tow trucks capable of towing most standard vehicles.
(4) 
If seeking participation on the heavy-duty tow list, the applicant shall have at least one heavy-duty wrecker with a minimum of 30,000 pounds gross vehicle weight rating.
(5) 
Maintain its towing operator's base of service and storage facility for Lumberton tows, within the geographical limits of the Township or within a five-mile radius of the Township Municipal Building.
(6) 
The storage area, located in a manner set forth in the immediately preceding subsection, shall include adequate storage space for at least 20 vehicles, 10 of which spaces shall be dedicated exclusively to the storage of vehicles that were removed under the provisions of this chapter. Tow operators that seek approval for the heavy-duty tow list must also identify a separate area not less than 15 feet by 30 feet for the storage of a heavy-duty vehicle. The storage area shall be open a minimum of eight hours per day (9:00 a.m. to 5:00 p.m.), Monday through Friday, except legal holidays, for reclaiming automobiles. All such storage facilities must be maintained in compliance with local, state and federal laws and regulations, and vehicles must be stored in compliance with all applicable ordinances and only on premises approved by the Township unless otherwise authorized by the owner of the vehicle and permitted by law.
(7) 
Maintain all insurance coverages in accordance with the standards hereinafter set forth.
(8) 
Not have been convicted of a crime of the fourth degree or higher within the past five years, unless waived by the Chief of Police for good cause. Any driver convicted of a disorderly persons offense shall be authorized at the discretion of the Chief of Police taking into account the nature of the crime, the date of the event and efforts taken by the individual to make societal amends.
(9) 
Require their tow truck operators to register with the Chief of Police. Registrations shall be a precondition to the operator driving a tow truck for the licensee in the Township. The initial registration shall expire when the license expires, and each renewal of the license shall require reregistration of the operator with the Police Chief. Termination of the operator's employment by the licensee shall also be reported by the licensee to the Chief of Police as soon after termination as reasonably possible.
(10) 
Train their tow truck operators in the use of all required equipment and the performance standards of this chapter.
(11) 
Require their tow truck operators to have a personal driver's license with no restrictions or conditional endorsements, except if prescription glasses are required; and to have a commercial driver's license, if required by law; and present a neat appearance at all times.
(12) 
Have at least one year of continuous experience in emergency towing, recovery and storage of motor vehicles for law enforcement agencies. Such experience shall be verifiable and proven to the satisfaction of the police at the time of application for license. This provision shall not prevent the issuance of a license but shall be a factor weighed in considering the issuance of a license to a new tow operator business.
(13) 
Maintain written records for at least six years from the date of the service of all tows performed and all signed acknowledgments of receipt of vehicles by owners or authorized agents.
(14) 
The tow operator shall submit monthly reports, on or before the 10th of the month, to the Lumberton Township Police Department of all vehicles towed the previous month, as well as vehicles which are unclaimed from previous months. The report shall identify each vehicle by make, model, year, license plate, vin/serial number and police incident/case number. In addition, the odometer reading is needed on all vehicles left on the lot over 30 days. Motor Vehicle Commission requires this information when requesting a title for auction. The contractor further agrees to furnish the Township with such records, reports and information of services rendered as the Township may reasonably request. The Township reserves the right to amend the minimum list of reporting requirements from time to time.
(15) 
Failure to adhere to these requirements will result in the tow operator being suspended from the tow list pursuant to the procedures in this chapter until the compliance issue is resolved.
B. 
Insurance requirements.
(1) 
All licensees shall maintain the following insurance coverages:
(a) 
Worker's compensation and employers liability insurance. A tow operator shall procure and shall maintain worker's compensation insurance in accordance with statutory requirements for all of his/her employees to be engaged in work on the project.
(b) 
General liability insurance. The tow operator shall procure and maintain, during the entire time it is performing services under Chapter 261 of the Township Code, general liability insurance of not less than $1,000,000 in any one occurrence and $2,000,000 aggregate.
(c) 
Automobile liability insurance. The tow operator shall procure automobile liability insurance for claims arising from owned, hired, and nonowned vehicles with limits of not less than $1,000,000 per occurrence.
(d) 
Excess liability insurance. In addition to the above general liability and automobile liability insurance requirements, the tow operator shall maintain an additional $4,000,000 insurance umbrella.
(e) 
Garage keepers liability insurance. The tow operator shall secure and maintain during the life of this contract garage keepers liability insurance in an amount not less than $120,000 per location.
(f) 
Public liability and property damage, contingent liability insurance. The tow operator shall also carry public liability and property damage, contingent liability insurance to indemnify the Township of Lumberton and the public against any loss due to injuries, accidents or damages of any character whatsoever, where any such damage is the result of any act or omission of the tow operator, his agents or employees in or due to the execution of the work called for under the contract and this chapter. Public liability insurance limits shall be at least $500,000 per accident and be specifically endorsed to provide collision insurance for vehicles in tow.
(2) 
Each policy required herein shall contain an endorsement providing for 20 days' notice to the Township in the event of any change or cancellation and shall be with insurance companies acceptable to the Township and operating on an admitted basis in the State of New Jersey. Each policy required herein shall name the Township as an additional insured.
(3) 
In addition, the tow operator shall have coverage for contractual liability and also name the Township as an additional insured. All insurance required hereunder shall remain in full force and effect for the period of the contract. Insurance policy shall cover on an occurrence basis.
(4) 
Certificate of insurance. Certificates of insurance showing that both the tow operator and the Township of Lumberton are named as additional insured, in conformance with the above, shall be furnished to the Township Administrator, subject to approval of the Township Solicitor, Risk Consultant and filed with the Township Clerk.
C. 
Minimum equipment requirements.
(1) 
Equipment to be carried on all tow trucks should include the following: a universal towing sling, except flatbeds; J-hooks and chains; one snatch block for three-eighths-inch to one-half-inch cable; two high-test safety chains; an auxiliary safety light kit to place on the rear of a towed vehicle; four-lamp or three-lamp revolving amber light or lamp bars; a tool box with assortment of hand tools; rear working lights and rear marker lights; cab lights; body clearing lights located to clear a towed vehicle; blocking choke for the tow truck while working; safety cones; shovels and broom; a steering wheel lock or tie down; and a two-way radio communication system or cell phone with hands free headset. Applicants who do not maintain such equipment shall demonstrate why the equipment is not necessary.
(2) 
In addition, every tow truck shall be equipped with safety tools to remove disabled or locked vehicles.
(3) 
All tow trucks shall be properly lettered on both sides, as required by law.
D. 
Performance standards. A licensee shall:
(1) 
When on call, provide towing on a twenty-four-hour, seven-days-a-week basis, including holidays.
(2) 
Dispatch a tow truck or trucks, as circumstances warrant, when requested by the police to respond, in such a manner that the tow truck arrives at the scene within 20 minutes under normal and reasonable circumstances.
(3) 
Maintain and operate all tow trucks in accordance with all existing traffic regulations and in a safe and prudent manner.
(4) 
Not stop at any accident scene unless directed by the police, except to notify the police of an unattended accident and advise accident victims that the police have contacted the licensee on rotation; and not solicit or attempt to divert patrons of another towing operator, whether or not licensed under this section, or solicit prospective patrons of a given repair service to any other repair service.
(5) 
Not respond to the scene of an accident except upon notification by the police through the per call rotation list.
(6) 
Not tow vehicles without proper authorization from the police at the scene or the owner or driver at the scene. Upon such authorization and if not accompanied by the owner or driver of the towed vehicle, the licensee shall disclose in writing the location of the storage facility.
(7) 
Not release any vehicle impounded or confiscated without proper authorization from the police.
(8) 
Notify the police on a monthly basis of unclaimed vehicles.
(9) 
Be responsible for all vehicles and their contents after towing. If the vehicle is unattended, the licensee shall make an inventory of any apparent valuable contents at the accident scene and maintain said inventory at least until the disposition of the vehicle.
(10) 
Cooperate with other towing operators in the case of emergency services at the scene of accidents and/or disasters.
(11) 
Comply with police instructions at the scene, even if it means countermanding towing requests by the owners or drivers of disabled vehicles.
(12) 
Prior to departure from the accident scene, clean and clear streets of any debris resulting from any accident, and toward that end carry the necessary equipment to perform such cleaning services.
(13) 
Report any dispute between towing operators and/or persons at the scene to the police; and report to the police any observed disabled vehicles, accidents or any other activities that may require police attention.
(14) 
Not use flashing lights or sirens except as permitted by the police pursuant to law.
(15) 
Not tow a vehicle for illegal parking until a summons has been issued.
(16) 
Accept at least one major credit card for towing services.
(17) 
Immediately notify the police in the event that the licensee is not operational due to mechanical failure, personnel deficiency or other incapacitating cause.
(18) 
Post hours of operation on storage facilities so that the public may be informed as to when the facilities are open for recovery of motor vehicles.
(19) 
Maintain the public portions of storage facilities as a clean and safe environment for public invitees.
(20) 
Not park or store an impounded vehicle on any public street or sidewalk or any unsecured area. All vehicles stored shall be stored in the storage facility as defined herein.
(21) 
Not employ any Township employee or allow any Township employee to have a financial interest of any type or degree whatsoever in the towing operator's business.
(22) 
Clear accident areas of debris upon arrival on the scene.
(23) 
Display fees on cards, conspicuously indicating the maximum rates for towing and storage charges, in each tow truck, and present a card to the driver of the disabled vehicle to be towed. Such a fee card shall also be conspicuously posted at every storage facility and location where the vehicle is to be retrieved.

§ 261-7 Rate schedule.

A. 
Generally.
(1) 
At the time of tow, each tow operator licensed shall be responsible for providing a three-inch-by-five-inch preprinted card identifying the towing company's name, address, storage location, hours of operation for pickup, phone number and rates for towing and storage according to the terms of this chapter. Said card shall be presented and explained to the owner or occupant of the vehicle on scene or, in the alternative, when the owner or occupant is absent or not physically or mentally capable of receiving said card, provided to the officer requesting tow for inclusion in the police report.
(2) 
Towing and storing charges and fees shall be in accordance with N.J.S.A. 40:48-2.50 as well as the provisions of this chapter. Except as otherwise provided herein, the charge and fee for towing and storage of vehicles within the Township of Lumberton shall be in accordance with the provisions of the rules and regulations of the New Jersey Department of Insurance. The Township shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles. The charges and fees and rates applicable to services performed pursuant to this chapter shall be posted in a conspicuous place visible to the public at the tow operator's storage area and shall be posted on each and every vehicle. The tow operator shall prepare a bill for charges pertaining to each vehicle and present the same to the claimant of a vehicle. The bill shall be itemized in detail as to the actual services rendered and shall contain a statement that the claimant may complain with respect thereto to the Township. The Township will not be responsible for charges due and owing from a claimant of a vehicle. The Township shall not be responsible for the collection or payment of any charges for the towing or storage of vehicles. Vehicles impounded as a result of police investigations involving stolen vehicles or fatal/serious/suspicious accidents will not result in storage charges, however the Township reserves the right to store such vehicles at a location of its choosing. Said location will include inside storage, lock down measures, full access accountability and twenty-four-seven access by the Police Department.
(3) 
In the event the Township conducts an auction of unclaimed abandoned vehicles pursuant to Title 39, the tow operator's bill for towing and storage shall be an expense of possession and sale and shall be paid from the proceeds of such auction. Each vehicle auctioned shall be a separate item for purposes of this subsection. The title fee for which the Township must pay the State of New Jersey for title certificates shall be paid by the purchaser at the auction even if the tow operator is the purchaser and shall be in addition to the bid price of each vehicle. In the event the Township determines to utilize the provisions of Title 39 with respect to unclaimed vehicles, the tow operator shall receive no compensation for its services.
(4) 
The fee for towing a vehicle shall include the service rendered from the scene where the vehicle is located to the storage area and from the storage area to the curbline of the property on which is located the storage area. The charge for towing includes any incidental and related costs such as connecting and reconnecting a transmission, drive line or axle. There shall be no additional charges for any other services, including but not limited to waiting time, cleanup costs and additional labor when the towing services as defined herein are provided, except as otherwise provided herein. The tow operator may charge a fee for a vehicle lockout service, i.e., when a tow operator responds and opens a locked vehicle when the owner/operator has locked the keys in the vehicle or is otherwise unable to open the vehicle.
B. 
Charges and fees. The charges, fees and rates for vehicles to be towed and stored shall be categorized in the following manner. There will be no mileage charge for vehicles towed.
(1) 
Refer to Schedule A for towing service charges — flat fee.[1]
[1]
Editor's Note: Schedule A is included in the Rate Schedule, which is included as an attachment to this chapter.
(2) 
Refer to Schedule B for winching service charges — per each 1/2-hour of winching.[2]
[2]
Editor's Note: Schedule B is included in the Rate Schedule, which is included as an attachment to this chapter.
(3) 
Refer to Schedule C for administrative, storage and general charges.[3]
[3]
Editor's Note: Schedule C is included in the Rate Schedule, which is included as an attachment to this chapter.
(4) 
Refer to Schedule D for miscellaneous charges.[4]
[4]
Editor's Note: Schedule D is included in the Rate Schedule, which is included as an attachment to this chapter.
C. 
Specialized equipment. In cases where the tow operator must hire laborers or rent or utilize specialized equipment not specified in this chapter, all reasonable charges therefor shall be paid by the owner of the vehicle, after the owner of the vehicle or his agent has given his prior written consent thereto. The consent requirement may be waived when the Chief of Police deems the vehicle to be a hazard to health or safety, whereupon said vehicle will be removed by the direction of the Chief of Police, with the owner then being responsible for all personnel, equipment and labor costs. The necessity for specialized equipment shall be determined by the Chief of Police.
D. 
Unloading of goods. In the event that it is necessary to unload a vehicle which has been used for transportation of goods prior to or after towing, an agreement shall be reached between the tow operator and the owner of the vehicle or the owner's agent or representative as to the charge for said service. No written agreement is necessary in an emergency situation, and the Chief of Police shall determine when an emergency exists.
E. 
Township vehicles.
(1) 
During the tow operator's rotation period the tow operator will tow any Township-owned vehicle to any location within the Township's borders without cost to the Township. The tow operator may invoice for mileage cost (federal rate) if required to tow outside Township borders. Tows beginning in Lumberton Township, going through an adjacent municipality and returning to Lumberton Township do not qualify for mileage reimbursement. The tow operator performing this service shall not lose its turn in the rotation.

§ 261-8 Operation by other tow truck operators.

This chapter shall not prevent the occasional operation at the scene of an accident, upon the request of an owner or driver of a vehicle, of a tow truck which is owned by a person not a licensee hereunder.

§ 261-9 Implementation.

Upon the adoption of this chapter, the Township Clerk shall give 30 days' public notice by newspaper publication of the necessity of making application for a license to engage in the business of basic towing service as a licensee of the Township. In addition, the Chief of Police shall give notice to all towing operators known to have engaged in basic towing service in the Township for the year last past. In the year of adoption of this chapter, the Township Clerk shall identify the date applications are due and the expected date of award. The initial contracts shall expire on January 31, 2014, regardless of the date of implementation of the chapter.

§ 261-10 Regulations and procedures.

The Chief of Police shall promulgate such rules, regulations and procedures, not inconsistent with this chapter, as may be reasonable and necessary to carry out the provisions of this chapter. Copies thereof shall be provided to all licensed tow operators and shall be made available to the public, along with copies of current fee schedules, during normal business hours. Failure to comply with applicable rules, regulations and procedures may be the cause of suspension or revocation of a tow operator's license.

§ 261-11 Enforcement.

The Chief of Police is hereby designated to enforce the provisions of this chapter and any applicable rules and regulations.

§ 261-12 Violations and penalties.

In addition to the suspension and revocation provisions established herein, any person, firm or corporation violating the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $1,000 or to imprisonment for not more than 90 days or a period of community service not to exceed 90 days, or any combination thereof; and each day any such violation shall continue shall be deemed to be a separate and distinct offense.