[HISTORY: Adopted by the Board of Commissioners
of the City of Margate City 4-28-1983 by Ord. No. 1983-5; amended
in its entirety 5-2-2019 by Ord. No. 04-2019. Subsequent amendments
noted where applicable.]
For the purpose of this chapter the following terms, phrases,
words and their derivations shall have the meanings given herein:
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 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 the occupation, profession or business
of the owner(s).
The removal and transport 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.
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 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.
The standing or waiting on any private or quasi-public property
of a vehicle.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
The towing operator's principal place of business where
the tow vehicle is stationed when not in use.
A.
The Mayor and Commission shall appoint persons or companies meeting
the criteria set forth in this chapter and engaged in the business
of offering the services of a motor vehicle towing or wrecker service,
whereby damaged or disabled motor vehicles are 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 companies
shall be known as "official towers."
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 45 days prior to the beginning of each one-year term
of official towers' licenses, the City shall advertise for applications
for towing licenses for providing towing service pursuant to this
chapter. The advertisement shall be published in the official City
newspaper.
D.
All applicants shall submit their applications at least 30 days prior
to the commencement date for each one-year period, and the applications
shall be reviewed in accordance with the procedures set forth in this
chapter. The award of a license to the successful applicants shall
be subject to compliance with the license requirements of the chapter.
E.
Licenses issued thereafter shall be for a one-year period commencing
on January 1 of the year in which it was issued and terminating after
one year on December 31 of the same year.
F.
Notwithstanding the provisions of this chapter that provide for a
one-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.
The certification shall be submitted to the Chief of Police for his
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.
A.
Official towers shall furnish adequate and proper wrecking, towing
and storage to motor vehicles damaged or disabled within the limits
of the City of Margate when requested to do so by the Chief of Police
or his authorized designee.
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, except for the use of heavy equipment in
time of emergency. 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.
Removal and towing of vehicles.
(1)
In the event that the official tower has been summoned by the City
for the purpose of towing a vehicle, and the owner of the vehicle
arrives on the scene prior to the removal of the vehicle by the official
tower, the owner may be charged by the official tower the drop fee
listed in the rate schedule only if the vehicle in question has been
actually hooked up.
(2)
The official tower shall be responsible for the towing of any disabled
City-owned vehicles when requested by the City and, if required, the
changing of tires on those vehicles.
(3)
The official tower will be responsible to clean up all broken glass
and debris at the scene of accidents.
(4)
Prior to the official tower towing any vehicle from any portion of
the beach located in Margate City, he shall first contact the Police
Department and secure from it permission to enter upon the beach and
tow the vehicle. The official tower shall take all necessary steps
to prevent damage to the beach, sand dunes, or bulkhead in towing
any vehicle from the beach. The official tower shall be responsible
for any damage occasioned to the beach, any dunes, vegetation, snow
fence, bulkheads or any other structure located on or adjacent to
the beach.
(5)
The official tower shall have the right to utilize another towing
contractor to perform towing services upon the beach, if the official
tower believes his equipment is inadequate or insufficient to accomplish
the towing. In the event that another towing contractor performs the
towing, the fees shall be those specified in the contract, and said
towing contractor shall comply with all the terms and conditions of
the original contract.
A.
Applications for inclusion on the official towers' list shall
be made to the Mayor and Commission upon a form prepared by the Chief
of Police and approved by the City Attorney 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)
Such information as may be required by the Mayor and Commission concerning
the personnel, vehicles, equipment and storage facilities of such
application, as hereinafter provided, showing that the applicant meets
the minimum standards of performance.
(3)
A certificate or certificates of insurance evidencing adequate insurance
coverage as hereinafter provided.
(4)
The names and addresses of two business references who have known
the applicant for at least two years.
(5)
Certification that the applicant will be able to provide towing services
anywhere in the City with a maximum response time of 20 minutes, except
when extraordinary circumstances occur.
(6)
Certification that the applicant will be available for service on
business premises 24 hours a day and that it will abide by the fees
contained in or referred to in this section.
(7)
Consent to certification that will consent to appointment of the
City 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)
Towing company storage facility shall be no further than 4.5 miles
from the Margate City Police Department.
B.
The applicant shall submit completed duplicate applications to the
City Clerk, who shall forward a copy 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
drivers' licenses suspended or revoked within the past year.
Conviction of a criminal offense or suspension of drivers' 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 and equipment proposed to
be utilized by the application 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.
C.
An applicant may be included on the official towers' list by
the Mayor and Commission, 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 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.
(2)
The applicant has met the standards in this chapter and has furnished
the required hold harmless agreement and certificates of insurance.
(3)
The application has been reviewed and approved by the Chief of Police.
(4)
Neither the applicant nor the applicant's personnel have been
convicted of a criminal offense or had their drivers' license
suspended within the past year.
D.
The Chief of Police shall conduct his review and render a report
to the Mayor and Commission recommending either approval or denial
of the application. The Mayor and Commission shall take action with
regard to the application after receipt of the report of the Chief
of Police. The applicant or its representative shall be given notice
of the date on which the Mayor and Commission will consider the application
and shall be permitted to appear and be heard at that time.
E.
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Mayor and Commission.
F.
If the Mayor and Commission fail to take action within 30 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 and payment of
the required fees, the City 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.
The licenses, which shall be in a form approved by the Mayor and
Commission, 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 Mayor and Commission for any of the following reasons:
D.
Every license granted shall entitle the licensee to operate the towing
facility or to drive a tow truck for a period of one year.
E.
The mercantile license fees are as follows:
Name of License
|
Fee
|
---|---|
Towing operator
|
$300
|
Tow truck employee
|
$100
|
F.
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.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum 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
and one flatbed vehicle.
(2)
Vehicle classes:
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a dolly assembly, a tow sling or wheel lift
assembly and at least 100 feet of either three-eighths-inch or seven-sixteenths-inch
cable attached to 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)
All equipment shall comply with all state and federal regulations,
and all vehicle operators shall possess a CDL license for over 26,000
pounds.
(4)
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 pry bar,
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 or behind a disabled
vehicle, at least 10 pounds of dry sand or drying compound for gasoline
and oil spilled onto the roadway 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 City.
(3)
Every tow vehicle or flatbed vehicle shall display the official tower's
license 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. 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:
(1)
Be competent mechanics able to provide minimum road service for disabled
vehicles.
(2)
Have a valid driver's license having no restrictions or conditional
endorsements other than a condition requiring the wearing of eyeglasses.
(3)
Be mentally alert and present a neat appearance at all times.
(4)
Obey all traffic laws and regulations.
(5)
Be subject to inspection by the Chief of Police of the City and shall
be approved by the Chief prior to rendering any services pursuant
to this chapter.
(6)
Not have been convicted of a crime nor had their driving privileges
suspended or revoked within the past year.
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 midnight Wednesday and terminate at 11:59 p.m. the following
Tuesday.
B.
The City 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 City 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.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
City over any other requests which may be received by the official
towers.
The applicant shall agree, in writing, to assume the defense
of and indemnify and hold harmless the City, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims to which the City may be subjected of any
kind and nature whatsoever resulting from, caused by, arising out
of or as a consequence of the provisions of towing, wrecking, storage
and/or emergency services provided at the request of the City pursuant
to this chapter. Official towers shall enter into a hold harmless
agreement in a form to be prepared by the City Attorney 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 City a certificate or certificates
of insurance evidencing that there is in effect the following insurance
coverages:
(1)
Automobile liability insurance in an amount not less than $1,000,000
combined single limits.
(2)
Workers' compensation as required by law.
(3)
Sufficient comprehensive general public liability insurance to protect
the City 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 $3,000,000 for each accident.
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. Insurance companies shall
be acceptable to the City and shall have at least a B+ rating by a
recognized rating service.
D.
The City of Margate City shall be named as an additional insured
on all policies of insurance provided pursuant to this chapter. All
certificates of insurance shall provide that the policies may not
be canceled or terminated or the coverage decreased without 30 days'
written notice to the City.
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.
A.
The following are the approved fees:
(1)
Transporting of illegally parked, impounded or disabled motor vehicle
7,000 gross volume weight or less: $100.
(2)
Transporting of illegally parked, impounded or disabled motor vehicle
exceeding 7,000 gross volume weight but less than 12,000 gross volume
weight: $200.
(3)
Transporting of illegally parked, impounded or disabled motor vehicle
exceeding 12,000 gross volume weight: $350.
(4)
Transporting of motor vehicle 7,000 gross volume weight or less from
accident scene to include cleaning and removal of area debris: $125.
(5)
Transporting of motor vehicle exceeding 7,000 gross volume weight
but less than 12,000 gross volume weight from accident scene, to include
cleaning and removal of debris: $225.
(6)
Transporting of motor vehicle exceeding 12,000 gross volume weight
from accident scene to include cleaning and removal of debris: $375.
(7)
Extra winching service: $100 per hour.
(8)
Drop fee (vehicle must be hooked to collect drop fee): 50% of applicable
tow fee.
(9)
Towing of all City-owned vehicles within the limits of Atlantic County:
no charge.
(10)
Towing of all City-owned vehicles outside the limits of Atlantic
County: $2 per mile.
(11)
Storage lot: $30 per day.
(13)
Labor and additional equipment: $50.
B.
Accident and impounded vehicles (not to include illegally parked
vehicles) will be released Monday through Friday, 8:00 a.m. to 12:00
noon and 1:00 p.m. to 4:00 p.m.
C.
No charge for towing of any motor vehicle or impounding of motor
vehicle for police investigative purposes at the direction of the
Chief of Police or his designee.
D.
Official police towers shall respond to releases within 30 minutes
of being notified or the Chief of Police, or his designee, may waive
the towing fee and release the vehicle.
E.
All damage to towed vehicles is to be reported immediately.
A.
The City will not be responsible to the official tower for the collection
or payment of any charges for towing regardless of where the vehicle
is stored, regardless of by whom the vehicle was towed, and regardless
of the reason for towing, inclusive of but not limited to abandonment,
accidents, traffic violations, theft or police investigations.
B.
The City will not be responsible to the official tower for any charges
due and owing from a vehicle, nor will it assist the official tower
in collecting any towing and/or storage charges for any vehicle, whether
it has been stolen, abandoned or involved in an accident or traffic
violations and regardless of where the vehicle is stored.
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 City 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, a schedule of the fees that may
be charged for all services provided pursuant to this chapter.
C.
The City 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 City 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 City vehicles. Compensation
shall be the responsibility of the owner of the tow 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 City 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.
A.
In the event that a complaint is received by the City involving the
improper conduct or actions of the tower 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 City 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 City Clerk to the Mayor and Commission.
C.
The Mayor and Commission 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 complainant.
D.
If, after considering the matter, the Mayor and Commission shall determine that one of the causes for revocation of the official tower's license as set forth in § 275-5C exists, the license shall be revoked and the tower shall surrender the same to the City Clerk within one day.
E.
Failure to surrender the license upon revocation shall constitute
a violation of this chapter.
F.
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.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction be punished by a fine not to exceed $1,000;
and 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.