[HISTORY: Adopted by the Township Committee
of the Township of Manalapan 10-11-2000 by Ord. No. 00-11; amended in its entirety 4-11-2007 by Ord. No.
07-09. Subsequent amendments noted where applicable.]
The purpose of this chapter is to establish,
pursuant to N.J.S.A. 40A:11-5, Subsection (1)(u), a list of towing
operators to provide towing services for the Township of Manalapan
on a rotating basis and to establish, pursuant to N.J.S.A. 40:48-2.49,
regulations governing operators engaged in the removal of motor vehicles.
[Amended 12-11-2013 by Ord. No. 2013-13]
The following words, terms and phrases, when used in this chapter,
shall have the following meanings, except where the context clearly
indicates a different meaning:
Any product used to soak up spills or vehicle fluids, including,
by way of example, Speedy Dry; Oil-Dri; absorbent pads; and socks.
Removal and/or disposal of any debris left on the roadway
or property as a result of a motor vehicle accident or recovery.
Driving an unengaged tow vehicle on a public street in a
manner primarily calculated to solicit business.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
The transportation of a vehicle at the request of the Police
Department via a tow vehicle.
When a tow operator applies knowledge in a skillful manner
to preserve the condition of a motor vehicle while moving the damaged
vehicle into a towable position. This may include several actions
which are not limited to winching, rigging, or the recovery of any
vehicle in an abnormal towing position.
Any building or property, other than a private garage, available
to the public, operated as a business and which is used for the storage,
repair, rental, lubrication, washing, servicing, adjusting or equipping
of automobiles or other motor vehicles and which complies with all
provisions of the zoning or other ordinances of the municipality in
which it is located.
The twenty-four-hour period beginning at 12:00 a.m. on the
towing business's scheduled towing date. A tow day will be one calendar
day.
A business with a building or enclosed area in which motorcars
can be sheltered or stored and which owns or operates any two or more
tow vehicles as defined in this section. At a minimum, each business
must have at least two tow vehicles in order to be maintained on the
towing list. Such business must also have gasoline available for disabled
vehicles.
A list of towing businesses, maintained by the Police Department
and used for the purpose of calling the appropriate towing service
for all police needs and for removing vehicles from accidents where
the operator has not selected a towing service.
A person or other legal entity engaged in the business of
providing towing services and storage services for vehicles towed.
A permit issued to a tow operator allowing the tow operator
to be placed on the police towing list to provide towing services.
A vehicle, including but not limited to a wrecker, tow truck,
wheel lift truck, or flatbed truck, employed for the purpose of towing,
transporting, conveying, removing, recovering or winching any vehicle,
that is equipped with a boom, winches, slings, tilt beds, wheel lifts,
or underreach equipment specially designed by its manufacturer for
the removal and transport of private passenger automobiles and small
trucks.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery.
The process of moving a motor vehicle by the use of additional
chains, nylon slings and additional lengths of winch cable from a
position that is not accessible for direct hookup by conventional
means for towing and/or loading onto a tow vehicle.
The Chief of Police or a member of the Police
Department designated by him/her is authorized to enforce the provisions
set forth in this chapter.
[Amended 12-11-2013 by Ord. No. 2013-13]
A.
The Chief of Police or his/her designee shall establish a towing
list designated to provide towing and storage services required by
the Police Department. Any towing operators qualifying pursuant to
this chapter shall be included on the list, and those on the list
shall be called on a rotating basis to provide the required towing
and storage services.
B.
All towing operators shall rotate on a daily basis. Whenever a towing
operator is called through the Police Department, whether as a result
of being next on the tow list, or for another reason, that towing
operator shall continue to operate on his scheduled tow day. The Chief
of Police or his/her designee shall establish such other written procedures
for the operation of the towing list as he shall deem appropriate.
Nothing contained herein shall prevent the Chief of Police or his
designee from requesting additional towing service from others if,
in the judgment of such person, the size, nature or scope of the accident
conditions or the performance of the called towing operator requires
that assistance be rendered.
[Amended 12-11-2013 by Ord. No. 2013-13]
A.
Application procedure; renewals.
(1)
All towing operators desiring to be included on the towing list shall
file an application with the Police Department on a form approved
by the Chief of Police or his designee. Approval of initial applications
hereunder shall be effective for a period of three years, commencing
on January 1, 2014. The application fee shall be $600 for the three-year
approval. By filing such application, the applicant agrees to the
terms and conditions outlined in the application, including compliance
with this chapter.
(2)
Thereafter, all new applications must be completed and submitted
to the Chief of Police by October 15 of the calendar year preceding
the year the towing operator desires to be included on the towing
list. The application fee shall be prorated at $200 per year. The
towing list shall be effective for a period of one year, commencing
January 1 of each year.
(3)
All renewal applications must be completed and submitted to the Chief
of Police by October 15 of the calendar year in which the approval
expires.
(4)
All towing operators desiring to be included on the tow list shall
comply with all terms and conditions listed in this chapter. Failure
to comply with this chapter shall result in immediate removal from
the tow list.
B.
The application shall include the following information:
(1)
The full name and address of the towing operator and, if a corporation,
the names and addresses of all officers and shareholders thereof.
Only one towing operator shall apply for any one address.
(2)
The description, by make, model, license number, year, gross vehicle
weight, vehicle identification number and color, of each vehicle.
(3)
The address at which each tow vehicle will be principally kept.
(4)
The address of the authorized storage facility to which the towed
vehicles will be taken and at which they will be stored.
(5)
The names, address and copy of the drivers licenses of all drivers
of tow vehicles.
(6)
The telephone numbers at which the Police Department may summon a
tow vehicle at any time, day or night.
(7)
Copies of required insurance policies or certificates of insurance.
(8)
Any other information as may be required by the Chief of Police or
his designee.
C.
All proposed drivers of tow vehicles shall have a criminal history
check and be fingerprinted through Morpho Trak, Inc. Drivers hired
during an approval period shall be required to be fingerprinted within
30 days of being hired by the tow operator.
[Amended 12-11-2013 by Ord. No. 2013-13]
The following are the minimum qualifying factors to be considered
for inclusion on the towing list:
A.
Towing service.
(1)
Motor vehicle accidents. The towing operator must be prepared to
promptly clear the highway, at the request of the Police Department,
of any vehicle involved in a motor vehicle collision. The towing operator
shall be required to clean up all debris from the highway or at the
scene of a collision and shall apply absorbent materials to vehicle
fluids in accordance with state law. Where the vehicles are too large
for the towing service to remove from the scene, the police will call
for the assistance of others.
(2)
Disabled motor vehicles. The towing operator must be prepared to
promptly clear the highway, at the request of the Police Department,
of any vehicle that becomes disabled. Where the vehicles are too large
for the towing service to remove from the scene, the police will call
for the assistance of others.
(3)
Motor vehicle impounds. The towing operator must be prepared to promptly
remove, at the request of the Police Department, any vehicle from
the highway or private property. Where the vehicles are too large
for the towing service to remove from the scene, the police will call
for the assistance of others.
B.
Vehicle storage.
(1)
The premises to be utilized by the towing operator for the operation
of the towing business and storage facility must be in compliance
with all land use regulations of the municipality in which the property
is located. The towing operator shall provide a letter or certification
from the Zoning Officer or other appropriate official of said municipality
to establish compliance. At no time shall a towing operator store
more vehicles upon the premises than are permitted in accordance with
the governing regulations.
(2)
The storage facility maintained by the towing operator shall be sufficient
in size to accommodate the storage, at any given time, of at least
10 passenger vehicles. This storage facility must be in a fenced and
secure area and under the control of the towing operator only. The
towing operator may own or lease more than one storage facility which
may be utilized for the storage of vehicles towed in accordance with
this chapter, and in such case, the total capacity of all such storage
facilities shall be at least 10 passenger vehicles. If more than one
storage facility is utilized, the same must be preapproved by the
Manalapan Township Police Department.
(3)
If a storage facility is used by more than one towing operator, it
shall accommodate at least 10 passenger vehicles for each towing operator.
(4)
The storage facility area must be located in the Township or within
one mile of the corporate boundary of the Township of Manalapan.
(5)
Access to the storage facility area must be provided to the Manalapan
Township Police Department on a twenty-four-hour basis.
C.
Equipment.
(1)
Vehicles.
(a)
Two professionally constructed tow vehicles that meet the standards
specified by the New Jersey Motor Vehicle Code.
(b)
Each tow vehicle shall be permanently lettered on both sides
in accordance with Title 39 of the Revised Statutes.
(c)
Each tow vehicle must satisfy all safety standards as established
by Title 39 of the Revised Statutes or applicable regulations. When
required by the Manalapan Township Police Department, each towing
operator shall submit its vehicles for inspection by the Manalapan
Township Police Department or any other approved inspection agency
designated by the Manalapan Township Police Department. Any deficiencies
shall be corrected within 30 days of the date of inspection. Proof
of corrected deficiencies shall be provided by the towing operator
to the Manalapan Township Police Department.
(d)
Each vehicle shall be equipped with amber warning lights affixed
to the top of each tow vehicle.
(e)
Operator equipment, as outlined herein, must be the type, condition
and design to efficiently perform the work required by the Township.
(3)
Supplies.
(a)
Each tow vehicle shall be equipped with a broom capable of sweeping
debris from the highway.
(b)
Each tow vehicle shall be equipped with a flat shovel capable
of removing debris from the highway.
(c)
Each tow vehicle shall be equipped with containers capable of
holding loose material to be removed from the scene.
(d)
Each tow vehicle shall be equipped with at least 20 pounds of
an absorbent material in order to dry liquid on the highway that is
to be removed from the highway.
D.
Response time.
(1)
The towing operator shall respond to all calls within the Township
of Manalapan within 20 minutes.
(2)
Large-vehicle service response time shall be within 50 minutes.
(3)
Response time determination is to be initiated when the police call
requesting towing is completed. Where the police cannot reach the
next eligible operator on the list, that operator shall be deemed
to have forfeited its position, and the next succeeding operator on
the list shall be called.
E.
Insurance.
(1)
The towing operator shall maintain the following minimum insurance
coverage in the name of the applicant:
(a)
Automobile liability in an amount not less than $1,000,000 combined
single limits.
(b)
Workers' compensation as required by statute.
(c)
Garage keeper's liability in an amount not less than $100,000
per location.
(d)
Garage liability in an amount not less than $1,000,000 combined
single limit.
(e)
Policies in force to provide collision coverage for vehicles
in tow.
(2)
Certificate of insurance. At time of application, the towing operator
shall present a certificate of insurance evidencing the above coverage
by an insurance company licensed to do business in the State of New
Jersey. Included on such certificate shall be a statement that the
insurance company or agent will notify the Chief of Police immediately
of any change, cancellation or lapse of such coverage. Such statement
shall not include language making such notification permissive, nor
language absolving the company/agent from liability for failure to
notify.
(3)
By virtue of making application to be included on the towing list,
the applicant will be deemed to agree to indemnify and hold the Township
of Manalapan and its officers and employees harmless from any liability,
expense or costs of suit, including reasonable attorney's fees, arising
out of or resulting from any action of the applicant in performing
towing and storage services in the Township of Manalapan.
(4)
The applicant agrees to notify the Chief of Police immediately of
any change, cancellation or lapse of insurance coverage.
F.
Prohibition of oral inquiry. No towing operator included on the towing
list shall make oral inquiry regarding its position on the list, violations
by other towing operators or any other matters relating to performance
under this chapter. All such inquiries must be made in writing addressed
to the Chief of Police.
G.
Customer fees and billing. All customers shall be provided a written
bill which must be in an amount not exceeding the rates provided for
herein. All towing operators shall accept at least two major credit
cards and shall not charge the patron for the use of any credit card.
H.
Recordkeeping. All customer bills shall include, at a minimum, the
date, time, location and vehicle information; all service charges
and fees; and the name, address and telephone number of the vehicle
owner. A copy of all customer bills shall be retained by the towing
operator for a period of three years from the date of service and
will be made available for inspection by the Township Police Department
upon request.
I.
Storage provision during emergency condition. During emergency situations
(snowstorms, etc.), the towing operator must provide additional vehicle
storage spaces as needed. Said storage space does not have to be located
at the primary facility. Said spaces will only be used during the
period of such emergency.
J.
Registered towing personnel. The towing operator must register all
personnel, on a form approved by the Police Department, who are authorized
by the firm to provide towing and storage services for the firm at
the time of employment and then register and update the information
at the time a renewal application is filed or as otherwise required
by the Police Department. The registration must include for each person:
(1)
Name, residence and telephone number.
(2)
New Jersey driver's license number and expiration date.
(3)
Social security number.
(4)
Signed statement by each person setting forth his/her understanding
that a criminal history check will be required, the results of which
will be used by the Police Department in determining the eligibility
of the towing and storage operator for inclusion on the tow list.
K.
Conduct of towing operators.
(1)
The towing operator agrees that the owner(s) or officers of the company
shall be responsible, except as otherwise provided by law, for the
negligent acts of their employees while acting pursuant to this chapter.
(2)
The towing operator will ensure adequate available personnel to provide
necessary Township wrecker services on all assigned tow days on a
twenty-four-hour basis.
(3)
Employees shall not claim to represent or be employed by the Township
of Manalapan.
(4)
No towing operator shall solicit, demand or receive from any person
any commission or fee except the fee for transporting or servicing
the vehicle to be towed, as established by this chapter.
(5)
No towing operator or his employees shall pay any gratuity or tip
to any third person not involved in the towing or removal of any vehicle
for any information as to the location of any crash or for soliciting
the employment of the operator/operator's service.
(6)
No towing operator shall engage in the conduct of cruising for tows
or service calls within the Township.
(7)
The subcontracting of towing services is not permitted. Only towing
operators employing approved drivers and utilizing inspected and approved
tow vehicles will be permitted.
(8)
The switching or trading of rotation assignments by towing operators
shall not generally be permitted unless some exigent circumstances
exist which necessitate same. Such circumstances shall be submitted
in writing to the Chief of Police for approval prior to any such activity
taking place.
(9)
The schedule of fees associated with towing and storage hereunder
shall be conspicuously displayed in all operator facilities for review
by customers. Similarly, a schedule of these fees shall also be placarded
on each approved tow vehicle to be utilized by the towing operator.
[Amended 12-11-2013 by Ord. No. 2013-13; 4-12-2023 by Ord. No. 2023-03]
The fees charged by towing operators shall not exceed the current
fees for towing or storage authorized by the New Jersey State Police.
A.
Storage. Storage includes vehicles taken to the contractor's yard
as a result of a motor vehicle crash, impound, or disabled vehicle.
B.
Receipt. The towing and storage contractor shall issue a receipt itemizing all charges as set forth in § 216-6H of this chapter.
C.
Violations and penalties; liability for operators who engage in a
pattern and practice of knowingly violating fee limits. Operators
who engage in removal of motor vehicles, or any employee, officer
or agent thereof, who engage in a pattern or practice of knowing violation
of the fee limits set herein may be liable to the municipality for
a civil penalty of not less than $50 nor more than $100 for each motor
vehicle stored with the operator. Such penalties will be collected
in a summary manner in the Manalapan Township Municipal Court in accordance
with the Penalty Enforcement Law of 1999.[1]
[1]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.
[Amended 12-11-2013 by Ord. No. 2013-13]
Nothing contained in this chapter shall prevent a person responsible
for an automobile disabled upon the public streets or highways within
Manalapan Township from arranging for the prompt removal of the vehicle
from the scene of an accident or disablement by wrecking or towing
services of his/her own selection. The person responsible will be
advised of the ability to select such towing service at the required
time of removal, providing that such person is present, fully conscious
and capable of taking prompt action.
[Amended 12-11-2013 by Ord. No. 2013-13]
[Amended 12-11-2013 by Ord. No. 2013-13]
In the event that a towing operator shall fail to perform satisfactorily,
or performs in violation of this chapter, such person or entity may
immediately be removed from the tow list by the Chief of Police. As
soon as practical after such removal, the Chief of Police shall cause
written notice of such removal to be given to the person or entity
removed. The notice shall set forth the reason(s) for such removal.
The person or entity removed shall have the right to submit in writing
such rebuttal as deemed appropriate and an explanation of the steps
being taken and procedures being implemented to correct any deficiencies.
After review of such response, the Chief of Police or his/her designee
may continue the removal from the list indefinitely or return the
person or entity to the list either immediately or after a specified
period of time.
[Amended 12-11-2013 by Ord. No. 2013-13]
The Police Department and the office of the Township Clerk shall
maintain copies of this chapter, which shall be available for inspection
during regular business hours of the municipality.
