[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.
[1]
Editor's Note: This ordinance repealed former Ch. 261, Towing
and Storage, adopted 4-3-2012 by Ord. No. 2012-2-003.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
A towing operator licensed hereunder.
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.
The Township Police Department, state police, county police
or such other police department that may have jurisdiction upon the
roadways in the Township.
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.
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.
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.
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.
The towing operator's principal place of business where the
tow trucks are stationed when not in use.
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.
A.Â
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
three-year period covered by the tow list. Nevertheless, any towers
added after the creation of the original tow list shall only be on
the tow list until the expiration of the contract period. All applications
filed during the term of the list to be created 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 three-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.
[Amended 12-5-2019 by Ord. No. 2019-20]
B.Â
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)Â
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.Â
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.Â
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.
A.Â
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.Â
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)Â
Name, business address, residential address and telephone numbers
(cell phone, residence and business numbers) of the towing operator
and principal owners thereof.
(2)Â
Locations of storage areas for tow trucks, towed vehicles and all
other vehicles used in the towing operator's business.
(3)Â
The application shall be accompanied by the following supporting
documentation:
(a)Â
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)Â
Deed of ownership or lease agreement for storage locations.
All lease agreements shall cover, at minimum, the entire three-year
term of the contract plus one month.
[Amended 12-5-2019 by Ord. No. 2019-20]
(c)Â
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)Â
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)Â
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)Â
Roster of tow trucks and other vehicles (by registration number
and serial number).
(g)Â
Certificates of insurance as required herein.
(h)Â
Affirmative action certification.
(i)Â
Stockholder's certification (if applicable).
(j)Â
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)Â
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)Â
A current fee schedule recognizing the maximum fees permitted
by this chapter.
(m)Â
Application fee. Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 44, of the Code of the Township of Lumberton.
[Amended 12-5-2019 by Ord. No. 2019-17]
(n)Â
Such other information as the Township Committee, Township Administrator
or Chief of Police may reasonably prescribe.
C.Â
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.Â
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.Â
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.Â
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)Â
The applicant is financially capable of sustaining the business of
a towing operator in the Township.
(2)Â
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)Â
If a previous licensee, the applicant has met the performance standards
of this chapter, as hereinafter set forth.
(4)Â
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.Â
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.Â
On or about February 1 prior to the commencement of a three-year
contract period, the Township Clerk shall furnish the list of licensees
for that three-year cycle to the Chief of Police and to all applicants,
whether or not approved.
[Amended 12-5-2019 by Ord. No. 2019-20]
I.Â
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.
A.Â
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.Â
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.Â
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.Â
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.
A.Â
Responsibilities. The licensee shall:
(1)Â
Be capable of providing towing on a twenty-four-hour, seven-days-a-week
basis, including holidays.
(2)Â
Be capable of responding to a call for service from the police within
20 minutes after notification by the police.
(3)Â
Have a minimum of two tow trucks capable of towing most standard
vehicles.
(4)Â
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)Â
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)Â
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)Â
Maintain all insurance coverages in accordance with the standards
hereinafter set forth.
(8)Â
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)Â
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)Â
Train their tow truck operators in the use of all required equipment
and the performance standards of this chapter.
(11)Â
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)Â
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)Â
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)Â
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)Â
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.Â
Insurance requirements.
[Amended 12-5-2019 by Ord. No. 2019-20]
(1)Â
All licensees shall maintain the following insurance coverages:
(a)Â
Workers' compensation and employer's liability insurance.
A tow operator shall procure and shall maintain workers' compensation
insurance in accordance with statutory requirements for all of his/her
employees to be engaged in work on the project. Employer's liability
insurance shall not be less than $1,000,000.
(b)Â
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, commercial general liability insurance of not less than $1,000,000 in any one occurrence and $2,000,000 aggregate for bodily injury, personal and advertising injury and property damage, including blanket contractual liability and products liability. Tow operator's insurance shall be primary and noncontributory.
(c)Â
Automobile liability insurance. The tow operator shall procure
automobile liability insurance for claims arising from owned, non-owned
and hired vehicles with limits of not less than $1,000,000 per occurrence.
(d)Â
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)Â
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)Â
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.
(g)Â
Cyber security and privacy liability insurance. The tow operator shall procure and maintain, during the entire time it is performing services under Chapter 261 of the Township Code, cyber security and privacy liability insurance of not less than $1,000,000 in any one occurrence or claim. Such insurance shall contain the following coverage:
[1]Â
Liability arising from the theft, dissemination and/or use of
confidential information, including, but not limited to, personally
identifiable information (PII), protected health information (PHI),
security codes, access codes, passwords, security codes or personal
identification numbers (PINs);
[2]Â
Notification costs, credit monitoring and other expert services,
regulatory fines and defense costs;
[3]Â
Network security liability arising from unauthorized access
to, use of, or tampering with computer systems, including hacker attacks;
[4]Â
Liability arising from the introduction of a computer virus
into, or otherwise causing damage to a vendor's (first party)
or customer's (third party) computer, computer system, network
or similarly related property and the data, software and programs
thereon;
[5]Â
Liability arising from professional misconduct or lack of requisite
skill required for the performance of services defined in the contract
or agreement.
(h)Â
Property insurance. The tow operator shall provide a certificate
of insurance evidencing coverage for all property owned and controlled
by the tow operator used in providing services to Lumberton. The tow
contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property
which may arise from or in connection with products and materials
supplied to Lumberton.
(2)Â
Each policy required herein shall contain an endorsement providing
for 30 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)Â
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. The insurance policy shall cover on
an occurrence basis.
(4)Â
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
and Risk Consultant and filed with the Township Clerk.
C.Â
Minimum equipment requirements.
(1)Â
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)Â
In addition, every tow truck shall be equipped with safety tools
to remove disabled or locked vehicles.
(3)Â
All tow trucks shall be properly lettered on both sides, as required
by law.
D.Â
Performance standards. A licensee shall:
(1)Â
When on call, provide towing on a twenty-four-hour, seven-days-a-week
basis, including holidays.
(2)Â
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)Â
Maintain and operate all tow trucks in accordance with all existing
traffic regulations and in a safe and prudent manner.
(4)Â
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)Â
Not respond to the scene of an accident except upon notification
by the police through the per call rotation list.
(6)Â
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)Â
Not release any vehicle impounded or confiscated without proper authorization
from the police.
(8)Â
Notify the police on a monthly basis of unclaimed vehicles.
(9)Â
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)Â
Cooperate with other towing operators in the case of emergency
services at the scene of accidents and/or disasters.
(11)Â
Comply with police instructions at the scene, even if it means
countermanding towing requests by the owners or drivers of disabled
vehicles.
(12)Â
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)Â
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)Â
Not use flashing lights or sirens except as permitted by the
police pursuant to law.
(15)Â
Not tow a vehicle for illegal parking until a summons has been
issued.
(16)Â
Accept at least one major credit card for towing services.
(17)Â
Immediately notify the police in the event that the licensee
is not operational due to mechanical failure, personnel deficiency
or other incapacitating cause.
(18)Â
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)Â
Maintain the public portions of storage facilities as a clean
and safe environment for public invitees.
(20)Â
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)Â
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)Â
Clear accident areas of debris upon arrival on the scene.
(23)Â
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.
A.Â
Generally.
(1)Â
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)Â
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)Â
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)Â
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.Â
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)Â
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)Â
Refer to Schedule B for specialized equipment and winching.[2]
[Amended 12-5-2019 by Ord. No. 2019-20]
[2]
Editor's Note: Schedule B is included in the Rate Schedule, which is included as an attachment to this chapter.
(3)Â
Refer to Schedule C for storage and general charges.[3]
[Amended 12-5-2019 by Ord. No. 2019-20]
[3]
Editor's Note: Schedule C is included in the Rate Schedule, which is included as an attachment to this chapter.
(4)Â
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.Â
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.Â
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.Â
Township vehicles.
(1)Â
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.
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.
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.
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.
The Chief of Police is hereby designated to enforce the provisions
of this chapter and any applicable rules and regulations.
[Amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
