[1997 Code § 320-1]
As used in this Article, the following terms shall have the
meanings indicated:
Any towing firm, individual or company who or which is in
the business of towing vehicles from private property in an agreement
or contract with the owner or operator of a private lot, facility
or property. This definition does not include towers who tow vehicles
at the request of the vehicle owner, such as a service station, garage
or other like tower.
[1997 Code § 320-2]
A.
All private towers shall be required to maintain a storage lot or
facility for all vehicles towed which shall be located within seven
miles of the boundaries of the City of Absecon City.
C.
Each storage facility shall be staffed by a responsible person 24
hours every day while vehicles are being stored or have a responsible
person on call.
D.
Each tower shall be responsible for towing damages while providing
towing services.
E.
After a vehicle has been stored at a towing storage facility for
a period of seven days, the tower may tow the vehicle to another facility
in Atlantic County, provided that the Absecon City Communications
Department has been notified as to the date and time of the removal
and to what location the vehicle is being moved.
F.
It shall be the responsibility of the tower, after at least 48 hours
from the time that a vehicle has been impounded, to send a written
request to the Motor Vehicle Commission in the State where the vehicle
is registered for a certified copy of the registration for the motor
vehicle which has been towed.
G.
Within 48 hours after this information has been received from the
Motor Vehicle Commission, it is the responsibility of the tower to
notify the vehicle owner of the circumstances surrounding the towing
and the charges and fees incurred. The fee for the inquiry to the
Motor Vehicle Commission may be added to the fees and charges already
outstanding for the initial towing and storage.
[1997 Code § 320-3]
[1997 Code § 320-4]
A.
Warning signs shall be sized in accordance with the following:
(1)
The size of warning signs shall be a minimum of two by three feet
and six square feet in area and a maximum of three by five feet and
15 square feet in area.
B.
Warning signs shall be conspicuously located, to be visible to any
entrance to any parking lot, and shall contain the following information:
C.
A minimum of two signs, as herein described, shall be provided in
each private parking lot from which towing will be done.
[1997 Code § 320-5]
A.
Each vehicle to be towed must be inspected by the tower prior to
towing for existing damage and a towed vehicle report filled out before
the vehicle is removed from its place. The report shall describe the
existing damage to the vehicle and shall be kept at the towing storage
facility for inspection by any interested party.
B.
After a vehicle has been hooked and lifted but before it has been
removed from its original place, a report shall be made with the Absecon
City Communications Department by the tower. The report shall contain
the following information:
C.
No vehicle shall be removed from its original place by any tower
until it has been established by the Communications Department that
said vehicle is not a stolen vehicle or one which has been used in
the commission of a crime.
(1)
Should a vehicle be found to be stolen or wanted in connection with
the commission of any crime, the Absecon City Police Department shall
be dispatched to the location and shall maintain control and custody
of the vehicle and the location to ensure the preservation of evidence.
(2)
Should the NCIC/SCIC computers be down, the Communications Department
shall authorize the towing of the vehicle and again check with NCIC/SCIC
within 24 hours. If the vehicle is found to be stolen or otherwise
wanted, the tower shall surrender the vehicle to the care, custody
and control of the Absecon City Police Department at no charge.
D.
No vehicle shall be moved by a tower without the authorization of
the Absecon City Communications Department.
[1997 Code § 320-6]
A.
If the vehicle has not been lifted prior to the owner's return
to the lot, whether it is hooked up or not, it is to be released by
the tower at no charge.
B.
If the vehicle has been lifted but not removed from the lot prior
to the owner's return to the lot, a fee of not more than 50%
of the authorized towing service fee, as indicated on the warning
signs for the lot, may be imposed for the release of said vehicle.
C.
Any vehicle which has been towed from the parking lot, regardless
of how far, before the owner's arrival may be assessed the full
amount of the authorized towing fee.
D.
The maximum fee which can be charged for the towing of any vehicle
from private property by a tower shall be as follows:
E.
Storage charges. There shall be a maximum charge for the storage
of towed vehicles after the first 24 hours of $8 per day, up to and
including the first 14 days. From the eleventh day and until release,
there shall be a maximum charge of $2 per day.
[1997 Code § 320-7]
[1997 Code § 320-8]
[1997 Code § 320-9]
The mercantile license fees are as follows:
[1997 Code § 320-10]
A.
When a violation of this Article occurs, the violator may be fined
and/or have his mercantile license suspended or revoked, according
to the penalties set forth in this Article. For purposes of determining
suspension or revocation of the mercantile license of any tower, the
City Council shall hear all such cases upon recommendation of the
Administrator. The Administrator shall be responsible for the notification
of the tower of such recommendation and notice of charges against
him. The tower shall be afforded an opportunity to be heard before
the City Council and respond to all charges before the decision of
City Council is made.
B.
Failure of any person, company, corporation or organization to comply
with the requirements of this Article shall, upon conviction in municipal
court, be punished by a fine of not less than $100 and not more than
$500. Each day's failure to comply with these provisions shall
constitute a separate violation.
[1997 Code § 320-11]
A.
Wreckers used by the vendor must be of such construction that they
will be able to tow any type of vehicle and must be found to be satisfactory
by the City of Absecon City.
B.
In cases of emergency, the City reserves the right to request any
available vendor.
C.
Vendors shall provide each vehicle with a shovel, broom and any other
equipment necessary to clean up broken glass, fluids and debris from
the scene of an accident to which they are called before leaving scene.
D.
Wreckers shall be maintained in good condition, to include compliance
with all provisions of N.J.S.A. Title 39, and be available 24 hours
a day and shall be suitably identified on each side with the name
and address of the vendor.
E.
The vendor must have a minimum of two wreckers, at least one to be
a flatbed.
F.
The vendor shall submit proof of ownership by recorded title of the
required number of wreckers necessary to meet the City's requirements.
G.
All wreckers shall have communications with their respective office
or cellular telephones with numbers provided to the Absecon Communications
Department.
[1997 Code § 320-12]
The vendor must show proof that he owns or can lease a minimum
storage area of at least 10,000 square feet.
A.
If the vendor is the owner in fee of the required storage area, he
is to submit with his application a certified copy of the deed for
the land, together with a survey of the land.
B.
If the vendor has a lease for the required storage area, he is to
submit with his application 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.
C.
If the vendor has an option to lease the required storage area, he
is to submit with his application 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.
D.
The deed, lease or option to lease and survey shall be approved as
to form and legality by the City Attorney and the survey approved
by the City Engineer.
E.
The survey or surveys hereinabove required shall have set forth thereon
a certification by the surveyor to the City as to the square footage
within the storage area as surveyed.
F.
Land used for storage of vehicles must be in an area within 3 1/2
miles of the boundaries of the City of Absecon City, must be zoned
for such use and meet all applicable municipal codes. In addition,
it must be in an area reasonably accessible to the public, so that
stored automobiles may be claimed.
G.
No towed vehicle may be parked upon the public street, but it must
be stored by the vendor within the storage area as hereinabove described.
H.
The entire land area must be enclosed by a fence of sturdy construction
at least six feet in height and adequately lit at night to prevent
vandalism.
[1997 Code § 320-13]
A.
Any person, company or corporation applying for a contract must have
at least five years' experience as sole operator or as an employee
in the towing of vehicles and vehicle storage in order to be considered
for a contract. A vendor must be approved by the Chief of Police before
a contract will be awarded.
B.
A background check will be made by the Police Department of the successful
vendor, his employees or officers, and a conviction for a crime will
disqualify a vendor unless waived by the City Council upon application
and good cause shown.
[1997 Code § 320-14]
A.
The vendor shall have sufficient number of employees available to
comply with the minimum operational requirements. The vendor must
indicate in his application the number of employees who will be on
the day shift and the number assigned to the night shift, seven days
a week.
B.
No person shall be employed by the vendor unless he has obtained
a records check and has been approved by the Chief of Police.
C.
All drivers of the vendor shall be over the age of 18 years and must
have a valid, current New Jersey State driver's license with
no restrictions or conditional endorsements, except a condition requiring
glasses, and shall be in good health and of high moral character.
D.
The vendor shall, at the time of application, submit to the City
the names and addresses of all proposed drivers and employees who
will be rendering service under this contract on behalf of the vendor.
This information will be kept current to the Chief of Police by the
vendor.
E.
The service, equipment and personnel are subject to periodic inspections
and approval by the Police Department. The City reserves the right
to have a qualified person or agency make such inspections.
F.
Complaints of any kind relative to service, overcharging, theft of
parts, damage to towed or stored vehicles, discourteous treatment
and the like shall be referred to the Chief of Police for investigation
and recommendations to the City Administrator, if necessary. Such
complaints may be cause for termination of the contract by the City
Council.
G.
Falsifying application. Any misstatement of fact as to qualifications
of the vendor, his employees or any condition under this contract
will result in termination of the vendor's services with the
City and subject the vendor to appropriate civil and criminal penalties.
[1997 Code § 320-15]
A.
An abandoned vehicle is considered to be a vehicle of any size, in
any condition, abandoned anywhere within the City limits upon any
City street or public right-of-way, public easement, public alley,
avenue, thoroughfare or public or quasi-public places, including public
parks and playgrounds.
B.
An abandoned vehicle, as defined by N.J.S.A. Title 39 or Chapter 326, Abandoned Vehicles, will be removed under the direction and supervision of the Police Department on a twenty-four-hour-a-day basis, and all calls shall be answered within 10 minutes from time of notification under normal conditions, seven days a week, anywhere within the City limits, unless the Police Department determines that the vehicle is not a threat to vehicle traffic or persons and could be removed during business hours.
C.
As to those vehicles which are designated as abandoned by the Absecon
Police Department, they will be towed without charge to the City to
a storage lot owned by the vendor and stored thereon for no longer
than 90 days without any charges or liens accruing against the City.
Abandoned vehicles remaining after 90 days can be removed from the
secure area, provided that a junk title has been applied for.
D.
Any violation of the provisions of this Article shall subject the
vendor hereunder to a hearing to be conducted before the City Administrator,
who shall set a limited time within which the condition complained
of shall be corrected, or the contract shall be canceled upon approval
of a majority decision of the City Council.
(1)
The contract is contingent upon the vendor's compliance with
the provisions of N.J.S.A. 34:10-1 et seq., which law provides that
laborers, workers and mechanics, while engaged on work under the contract,
shall work not more than eight hours in any day, except as otherwise
provided for in said statute, and that the prevailing rate of daily
wages in the locality where the work is performed shall be paid to
the mechanics, workmen and laborers engaged in the work under this
contract.
(2)
No part of the contract shall be assigned, leased or sublet or otherwise
disposed of by the vendor herein.
(3)
In the event that bankruptcy proceedings are instituted against the
vendor, voluntary or involuntary; or an assignment for the benefit
of creditors is made by said vendor; or a receiver is appointed for
the vendor and such receivership is not dismissed within 15 days after
the appointment of the receiver; or the vendor refuses or fails, after
two or more notices from the City that it is failing, to live up to
the terms of the contract or performs the work unsatisfactorily or
otherwise shall be guilty of a substantial violation of the requirements
of this article, the City Council, upon a majority vote, may suspend
or terminate the right of the vendor to perform under this Article.
E.
Motor vehicle scrap or junk motor vehicle titles. It is the responsibility
of the Police Department to secure any motor vehicle scrap or junk
titles. All disposition of vehicles not claimed by their owner will
be in accordance with current regulations enacted by the Division
of Motor Vehicles under N.J.S.A. Title 39 or otherwise according to
law.
F.
Abandoned motor vehicles from private property. The owner of the private property will be responsible for the removal of any unattended or disabled vehicles in accordance with the provisions of N.J.S.A. 39:4-56.6 and Article I of this chapter and shall employ a towing vendor of his choice. The Police Department reserves the right to impound any such vehicle found to be stolen or used in the commission of a crime or otherwise secured for investigative purposes.
G.
The City shall retain the right to tow abandoned vehicles to its
own land and to retain any moneys realized from the sale of such vehicles
or convert the same to the City's use.
[1997 Code § 320-16]
Vehicles that are towed by order of the Police Department must be towed to an area meeting the requirements of Section 320-12. The vendor shall be responsible for each vehicle in his area until final disposition and removal, as ordered by the City. All vehicles, regardless of condition, must be stored to permit inspection and subsequent removal.
[1997 Code § 320-17]
A.
Vehicles involved in accidents, disablements 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. and 5:00 p.m. Monday through Friday and 9:00 a.m. and 12:00 noon Saturday, except legal holidays. The vendor must arrive at the scene of the accident within 10 minutes, under normal conditions, after police notification. The City will expect the vendor to arrive at the scene of the accident within the time specified to effect immediate removal and towing of vehicles. Repeated late arrivals at the scene of accidents may result in the cancellation of the contract. Towing and storage charges must be in accordance with this Article. The City will not be responsible for the collection or payment of any charges for towing or storage or standby services, as set forth in Section 320-19 hereafter, under the provisions of this Article.
B.
The vendor must store such vehicles in the manner provided in Section 320-16. These vehicles will be stored until claimed by the owner or until auctioned by the City in compliance with State law.
C.
Vehicles removed pursuant to this section must be towed to the vendor's
storage area or a City storage area, at the discretion of the Police
Department.
D.
The Police Department will call the vendor for towing service. The
vendor may call in other services to handle a call in an emergency
situation.
E.
In the event that the vendor has been summoned by the City for purposes
of towing a vehicle and the owner of the vehicle, as well as the owner's
tower, arrives on scene prior to removal of the vehicle by the vendor,
then in that event the owner is entitled to remove his own vehicle.
[1997 Code § 320-18]
A.
All charges for services performed under the contract shall be in
conformity with this Article.
B.
The rates applicable to services performed under this Article shall
be posted in a conspicuous place, visible to the public, at the vendor's
storage area.
C.
The vendor shall prepare a bill for charges pertaining to each vehicle
and present it to the claimant of a vehicle. This bill shall be itemized
as to actual services rendered.
D.
The City will not be responsible for charges due and owing from a
claimant of a vehicle, nor will it assist the vendor in collecting
such charges.
E.
Should the City conduct an auction of unclaimed vehicles pursuant
to N.J.S.A. 39:10A-1, the vendor's bill for towing and storage
shall be an expense of possession and sale and shall be paid from
the proceeds of such auction.
F.
The title fee which the City must pay to the State of New Jersey
for title certificates shall be passed on to the purchaser at the
time of auction.
[1997 Code § 320-19]
A.
In addition to the service herein outlined, the vendor will be required
to furnish extra towing equipment and service during storm periods,
periods of snow emergencies, traffic emergencies, disasters, 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 vendor 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 vendor initially and will end when he terminates
the standby status by calling the vendor.
C.
The City reserves the right, during any emergency, to designate temporary
areas owned or leased by the City for the storage of disabled vehicles
in said area at the direction of the Chief of Police or his designee.
During said emergencies, the vendor shall be entitled to make regular
charges to the owners of the vehicles so removed, and, where storage
space is made available by the vendor, the vendor shall be entitled
to charge the owner of the vehicle the lawful daily storage charges
in addition thereto.
[1997 Code § 320-20]
A.
The vendor will indemnify and hold harmless the City of Absecon City
from any and all claims for personal injury or property damage against
the City of Absecon City arising out of the operation of any towing
services or repair services under this agreement. The vendor will
further defend the City of Absecon City, at the vendor's expense,
in connection with any claim, demand, suit or action brought against
the City and arising out of the operation of any towing, garage or
repair services under this agreement.
B.
Comprehensive general liability insurance. Limit of liability shall
be not less than $1,000,000 combined single limits (bodily injury
and property damage) per occurrence and aggregate, including premises
operations and products/completed operations.
C.
Automobile liability insurance. Limit of liability shall be not less
than $1,000,000 combined single limits (bodily injury and property
damage) per occurrence.
D.
Workers' compensation insurance. Statutory coverage, including
liability coverage, with a limit of at least $100,000.
E.
Garagekeeper's liability insurance. Limit of liability shall
not be less than $100,000.
F.
All policies shall be specifically endorsed to provide collision
insurance for vehicles in tow.
G.
The City of Absecon City shall be named as an additional insured
on all policies.
H.
Proof of all coverage shall be provided to the City, and all insurance
shall be held in force during the term of any contract.
[1997 Code § 320-21]
A.
The vendor shall maintain records of all vehicles towed, stored and
released by him under this Article. Records shall be kept for a seven-year
period.
B.
The vendor shall not release vehicles towed under this Article without
the claimant first obtaining a release from the Police Department.
C.
The vendor shall maintain a record of all property found anywhere
in a towed vehicle, including the trunk and glove compartment, if
open or a key is available, and the vendor shall be responsible to
safeguard and release the contents to the owner.
D.
Only the Chief of Police or his designee shall have access to any
part of the storage area at any time of the day or night for inspection
purposes, including both indoor and outdoor areas.
E.
Authorized representatives of the Police Department or City Administrator
or their designees shall have access to any of the records required
to be kept by the vendor.
[1997 Code § 320-22]
The term of any contract shall be from the date of award and
extend for one year and be subject to the requirements and limitations
of New Jersey statutes.
[1997 Code § 320-23]
A.
Any disputes over the interpretation of this Article, including the
reasonableness of any fees assessed, shall be settled amicably, if
possible, through negotiations between the vendor, the Police Department
and the City Administrator.
B.
In cases where the City has been at fault in wrongfully directing
that a vehicle be towed, the vendor may petition the City for reimbursement
of cost incurred in the towing and storage of said vehicle.
[1997 Code § 320-24]
A.
Towing. Motorcycles, motor scooters, mopeds, automobiles, trucks,
buses, tractor-trailers and other heavy equipment, days, nights, weekends
and State holidays: $75.
B.
Storage. The rate for a twenty-four-hour period commencing after
the initial day of impound and each additional twenty-four-hour period
thereafter for motorcycles, motor scooters, mopeds, automobiles, trucks,
buses, tractor-trailers and other heavy equipment shall be $20.
C.
New Jersey insured private passenger automobiles. Rates for the towing
and/or storage of New Jersey insured private passenger automobiles
shall not exceed those set forth by the New Jersey Department of Insurance.
[1997 Code § 320-25]
The owner of any vehicle towed shall have the right to remove
property belonging to him from the stored vehicle unless a "police
hold" is marked on the tow form. The vehicle's owner or his representative
shall have the right to take photos of the stored vehicle for insurance
purposes.
[1997 Code § 320-26]
All vendors holding a contract under the provisions of this
Article shall be called to provide services on a rotating basis which
provides all vendors with equal access to service calls.
