[HISTORY: Adopted by the Township Committee of the Township of Hamilton
8-7-1995 by Ord. No. 1211-95; amended in its entirety 8-4-2003 by Ord. No.
1471-2003. Amendments noted where applicable.]
The Chief of Police or his/her designee will place qualified towers
on a rotating list in the order in which their application is approved. The
Chief of Police will determine the time period for the rotation of this list.
A.
Towing. Towing services must be available 24 hours per
day, seven days per week. The contractor must provide a tow vehicle to the
designated site within 20 minutes of being notified by the Police Department.
B.
The contractor shall be responsible for cleanup of any
motor vehicle debris or material in the area surrounding that vehicle in accordance
with N.J.S.A. 39:4-56.8. The contractor shall not be required to remove any
debris or material which may be hazardous, such as oil, gasoline, kerosene
or other petroleum or chemical products.
C.
Storage. Storage shall be provided for all vehicles towed
until claimed by the vehicle owner or disposed of in accordance with applicable
law. The contractor shall provide adequate land area sufficient to store a
minimum of 10 vehicles, including facilities to store at least one vehicle
indoors. The location of the storage area shall be within the Township of
Hamilton. All storage facilities shall be in compliance with all local, state
and federal regulations. The contractor shall provide proof in the form of
a zoning permit, decision and resolution, or other document issued by the
appropriate land use board of Hamilton Township that the storage facility
to be used is approved for such use under Hamilton Township planning/zoning
regulations.
D.
Access to vehicles. The contractor shall staff the storage
facility and maintain hours of operation, at a minimum, from 8:30 a.m. to
5:00 p.m., Monday through Friday, state and federal holidays excluded. Access
to storage facility on Saturdays will be by appointment only with four-hour
prior notice, a 1/2 hour window of time will be held for the appointment.
The contractor shall be available to surrender, without charge, property from
any vehicle stored on its premises to the vehicle owner, or their agent, proving
such property is not an integral part of the vehicle and providing they have
been issued a vehicle release form from the Hamilton Township Police Department
and submit such form to the contractor.
Any individual or entity seeking placement on the rotating towing list
shall submit a complete application provided by the Municipal Clerk which
provides any and all information as required by the Chief of Police. No applicant
shall receive a towing contractor's license without approval by the Police
Department.
[Amended 12-20-2004 by Ord. No. 1508-2004]
Any license issued under the terms of this chapter shall be considered a business registration license under the Township of Hamilton Business Registration Ordinance (Chapter 124 of the Code of the Township of Hamilton).
A.
Submission of application. Applications for all towing
licenses required by this chapter shall be made in writing to the Township
Clerk who shall review the applications for completeness prior to transferring
said applications to the Chief of Police for processing. All applications
shall be accompanied by a $10 nonrefundable application fee. Thereafter, the
nonrefundable annual renewal fees shall be $10.
[Amended 12-20-2004 by Ord. No. 1508-2004]
(1)
Contents of application. Each application shall include,
but not be limited to, the following information:
(a)
The name of the applicant; if a corporation, the names
and addresses of the officers; if a partnership, the names and addresses of
all partners, shall be set forth.
(b)
The name under which the business is to be conducted.
(c)
The present residence of the applicant.
(d)
The address at which the business is to be conducted.
(e)
The specific nature of the business.
(f)
Whether or not the applicant has ever had a license to
conduct the business herein described denied or revoked. If such license has
been denied, the applicant shall set forth in detail the facts leading to
such denial.
(g)
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature of the offense.
(h)
The business telephone number of the applicant.
(i)
If a corporation, the name and address of the registered
agent thereof.
(j)
If a vehicle is to be used, its description, including
the license number.
(k)
If the applicant is employed by another, the name and
address of the employer, together with credentials establishing the exact
relationship.
(l)
If the applicant is not actively involved in the day
to day operations of the business, then in that event, the applicant shall
provide the name and address of the manager and/or individual responsible
for the day-to-day operations of the business.
(m)
The days of the week and the hours of the day during
which the licensed activity will be conducted,
B.
Emergency contact information form. Upon application
for license, the Hamilton Township Police Department's emergency contact information
form must be completed and returned. The form must have the required minimum
of three names of business representatives and the phone numbers of where
they can be contacted during nonworking hours. It is the business owner/operator's
responsibility to keep these contact numbers current. Businesses are required
to update their contact list whenever the contacts become outdated and upon
the annual renewal of the license.
C.
Investigation of applicant and premises.
(1)
Each applicant shall be referred to the Chief of Police or a police officer designated by him/her, who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity he/she considers necessary for the protection of the public. The results of the investigation shall be in writing and be completed within 30 days after the application has been filed. If the investigation reveals that the applicant's character, ability or business responsibility is unsatisfactory or the products, services or activity are illegal, the Chief of Police or a police officer designated by him/her shall disapprove the application, and shall withhold application approval from the Township Committee. The Chief of Police or a police officer designated by him/her shall notify the applicant of the denial within five days after completing the investigation by certified mail, return receipt requested. In the event the application is withheld for approval by the Township Committee, the applicant may appeal the decision to the Township Committee for a hearing as more fully set forth in § 276-12 provided hereunder.
(2)
Furthermore, the Hamilton Township Police Department
shall conduct a background check of the towing contractor, its officers and
employees prior to the contractor being placed on the towing list. The following
may be causes in which disqualification for a towing contractor to operate
under the within chapter:
(a)
A high incident of violations and/or motor vehicle accidents
within the past 10 years;
(b)
Conviction of a felony regarding fraud, auto theft, or
similar crimes, of any owner or principal;
(c)
Employees convicted of a felony regarding crimes of violence,
fraud, auto theft, or similar crimes;
(d)
Complaints by citizens against any contractor, which
in the view of the Chief of Police constitute extraordinary circumstances.
(3)
Each contractor must be able to demonstrate that they
are qualified and experienced in the towing and removal of all types of vehicles
and that they have the facilities, equipment, expertise and personnel to meet
the towing and storage requirements of Hamilton Township as set forth herein.
Further, each contractor shall possess any and all licensing required by local
and state law to perform towing and/or storage services within New Jersey.
(4)
A certificate of occupancy or a continued certificate
of occupancy is required if applicable for the premises to be licensed, and
the obtaining of said certificate of occupancy shall be a prerequisite to
the issuance of a license.
[Amended 12-20-2004 by Ord. No. 1508-2004]
(5)
The Chief of Police or a police officer designated by
him/her shall authorize the Township Tax Collector to verify that all real
estate taxes are paid on the premises of the place of the subject business.
(6)
The applicant shall provide to the Chief of Police or
a police officer designated by him/her a certificate of compliance from the
Township Officer that said business is not in violation of the Zoning ordinances
of the Township of Hamilton and that the premises is zoned for its intended
use.
(7)
The applicant shall authorize the Township Fire Inspector
to verify that the premises have been inspected and have passed current fire
inspection regulations and shall obtain a necessary fire compliance certificate.
(8)
The applicant shall obtain from the Township Fire Inspector
a certificate of fire code status for the premises.
D.
Approval/denial process.
(1)
Upon completion of the application investigation and
review, the Chief of Police or a police officer designated by him/her shall
make a recommendation of approval or denial to the Township Committee.
(2)
The Township Committee, by a majority vote, shall approve
or deny any such applications.
(3)
The Township Clerk shall issue a license to applicants
approved by the Township Committee and notify in writing the applications
denied by the Township Committee.
The license shall contain the following information:
A.
The name and address of the licensee.
B.
The number and type of the license and the nature of
the licensed activity.
C.
The address and block and lot designation at which the
licensed activity is conducted, if the activity is carried on at a fixed location.
D.
If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
E.
The expiration date of the license.
F.
Any other appropriate information which the Chief of
Police or a police officer designated by him/her may request.
The Chief of Police or a police officer designated by him/her shall
organize a database record of all licenses issued under this article to promote
economic development and to monitor businesses in the Township of Hamilton.
When the licensed activity is conducted at a fixed location or from
a vehicle, the license shall be prominently displayed at the location or on
the vehicle. In all other cases, the licensee shall have the license in his
possession at all times and shall display it upon the request of any Township
official or any person with whom he/she is doing business.
A.
Licenses are nontransferable either from person to person
or from place to place.
B.
Any currently licensed business which relocates the business in its entirety to a different premise, the Chief of Police or a police officer designated by him/her is authorized to transfer the license to the new premises. However, the transfer cannot take place until and unless the licensee complies with all of the procedures set forth under § 276-5. Furthermore, the licensee is required to notify the Chief of Police or a police officer designated by him/her, in advance, by filing a transfer of license application and submitting a processing fee of $10.
[Amended 12-20-2004 by Ord. No. 1508-2004]
[Amended 12-20-2004 by Ord. No. 1508-2004]
A license issued to a corporation, partnership, limited partnership
or any other business entity shall automatically expire upon the majority
share of the ownership interest by transfer of shares, partnership or limited
partnership interest, or otherwise, in whole or in part thereof, whether or
not the person carries on business as previously stated in his application
for a license for that year. Upon such transfer, the person shall reapply
immediately for issuance of a new license, designating the required transfer
in ownership interest and paying the requisite licensing fee.
A.
Except where expressly provided otherwise, all licenses
shall expire on December 31 at 12:00 midnight. Applications for the renewal
of licenses shall be made not sooner than October 1 nor later than November
1, accompanied by license fee.
B.
License fees for applications made during the course
of any licensing year shall be charged the full year's fee. There shall be
no proration of fees.
[Amended 12-20-2004 by Ord. No. 1508-2004]
A.
In the event that the Chief of Police or a police officer
designated by him/her makes a determination of nonissuance of a license to
an applicant, the applicant aggrieved thereby may appear to the governing
body of the Township of Hamilton by written notice filed with the Township
Clerk within 30 days of the date of the denial. The Committee shall, at that
time, set a date for the hearing, which shall take place no sooner than 10
days nor later than 30 days from the date the request was presented to the
Committee. The governing body shall review the application documents, hear
testimony from the applicant, the Chief of Police or a police officer designated
by him/her and other witnesses as it deems fit, and thereupon affirm, deny
or modify the action taken by the Chief of Police or a police officer designated
by him/her.
B.
No applicant shall conduct a business without a license
or while a denied license is under appeal as aforesaid.
A.
Such license may be revoked or suspended by the Chief
of Police or a police officer designated by him/her when a licensee who is
an owner of the property upon which the licensed business or activity is conducted
has failed to pay the taxes, assessments and interest on the property for
at least two consecutive quarters. Upon payment of such delinquent taxes,
assessments and/or interest, the license shall automatically he restored with
notification to the applicant.
B.
Any license issued by the Township may be revoked by
the Township Committee after notice and a hearing for any of the following
causes:
(1)
Fraud or misrepresentation in any application for a license.
(2)
Fraud, misrepresentation or other illegal activity in
the conduct of the licensed business.
(3)
A violation of any provision of this chapter or other
Township ordinances.
(4)
Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor or disorderly person's offense involving moral turpitude.
(5)
Conduct of the licensed activity, whether by the licensee
himself or his agents or employees, in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health, safety
or general welfare.
(6)
A criminal conviction of a towing operator or a principal
of the towing operator.
(7)
Failure to respond to calls reliably and promptly, or
any other unsatisfactory performance, which interferes with the operation
of the rotating tow system.
(8)
Failure to utilize safe and adequate equipment as set
forth herein.
(9)
Violations of motor vehicle laws and/or municipal ordinances.
(10)
Failure or refusal to tow or remove a vehicle when requested
to do so by the appropriate municipal official.
C.
Notice of hearing. Notice of a hearing for the revocation
of a license shall be given in writing by the Township Clerk. The notice shall
specifically set forth the grounds upon which the proposed revocation is based
and the time and place of the hearing. It shall be served by mailing a copy
to the licensee at his last known address by certified mail, return receipt
requested. The hearing shall take place not less than 10 days nor more than
30 days from the date of service of the notice of suspension/revocation to
the licensee.
D.
Hearing/determination. At the hearing the licensee shall
have the right to appear and be heard, to be represented by an attorney, to
present witnesses on his own behalf, and to have a permanent record made of
the proceedings at his/her own expense.
E.
Reinstatement. The Township Committee may issue another
license to a person whose license has been revoked or suspended as provided
in this article if, after a hearing which led to the revocation or suspension,
it is satisfied by clear and convincing evidence that the acts which led to
the revocation or suspension will not occur again. Otherwise, no person whose
license has been revoked or suspended, nor any person acting for him/her,
directly or indirectly, shall be issued another license to carry on the same
activity within the Township of Hamilton.
The Chief of Police shall be responsible for enforcing the provisions
of this chapter as well as the rules and regulations to be established in
relation to this chapter. The regulations include, but shall not be limited
to, the following:
A.
The contractor shall provide at his/her own expense,
three-inch by five-inch information cards (rate cards) for distribution by
the Police Department to vehicle owners at the scene of an accident. These
cards shall include the following information:
B.
The contractor shall post all rates for towing and storage
performed under this chapter in a conspicuous place, visible to the public,
at his/her place of business. The contractor shall prepare at his own expense
and present a bill to the towing customer specifying the fee charged to the
customer in conformance with the rates set forth on the printed rate card,
unless otherwise approved by the Hamilton Township Police Department in writing.
The bill shall also state that complaints are to be referred to the Hamilton
Township Police Department. All complaints relative to service, overcharging,
discourteous treatment, or any other matter, are to be recorded on forms approved
by the Police Department and are to be investigated.
C.
The contractor shall accept payment from any owner or
their representative in the form of cash, certified check, money order or
any major credit card. Contractors are not obligated to accept personal checks.
The contractor shall provide the customer with a receipt for any payment.
The receipt shall include the date of payment, the amount billed, amount paid,
a signature from the tower or his/her representative and the name, address
and phone number of the towing contractor.
D.
The contractor shall provide towing service 24 hours
a clay, seven days a week. All wreckers used by the contractor shall be equipped
with two-way communications devices that facilitate communication between
the wrecker and the contractor's dispatcher. Tow vehicles are to be on the
tow site within 20 minutes of notification by the Hamilton Township Police
Department. The contractor shall provide the Police Department with a phone
number that is manned at all times from which towing services can be ordered.
The contractor shall maintain minimum public hours of operation from 8:30
a.m. through 5:00 p.m., prevailing time, Monday through Friday, state and
federal holidays excluded. Access to a storage facility on Saturdays will
be by appointment only with four-hour prior notice, a 1/2 hour window
of time will be held for the appointment.
E.
The contractor shall employ, at a minimum, an adequate
number of employees to meet his/her obligations under this chapter. No employee
of the contractor shall be used to meet the terms of this chapter without
first submitting to a background check by the Hamilton Township Police Department,
and next getting approval there from. All drivers used to meet the terms of
this chapter shall be at least 18 years of age, possess a current, valid New
Jersey driver's license, be of good health and good moral character.
F.
The contractor shall provide to the Hamilton Township
Police Department an initial roster of drivers and update this roster as personnel
changes. No driver shall provide services used to meet the terms of this chapter
unless previously listed by the contractor and approved by the Hamilton Township
Police Department. All employees of the contractor shall maintain a neat,
clean and orderly appearance and shall be required to have immediately available
a photo identification badge. The contractor agrees that the owners and/or
officers of the contractor shall be responsible, unless otherwise specified
by law, for the negligent acts of their employees used to meet the terms of
this chapter.
G.
No person owning or operating a tow vehicle used to meet
the terms of this chapter shall:
(1)
Stand or otherwise station themselves at any public street,
intersection or other public property within the Township of Hamilton awaiting
employment regarding police-related incidents without first obtaining consent
from the Hamilton Township Police Department. Nor shall that person stand
or station themselves for such purposes on private property without first
obtaining the consent of that property owner.
(2)
Seek employment by placing their tow vehicle in close
proximity to any disabled vehicle involved in a police-related incident without
first obtaining notifications from the Police Department of Hamilton Township
before commencing operations.
(3)
Permit or allow loitering within or near the tow operation.
(4)
Solicit or attempt to divert prospective patrons of another
tow operator.
(5)
Solicit, demand or receive from any person any pay, commission
or emolument, except the proper fee for transporting the designated vehicle
in accordance with the schedule of service rates set forth herein.
(6)
Pay any tip, gratuity or emolument to any third party
not involved in any incident precipitating the need for towing services, or
to any police officer for information pertaining to the location of said incident,
or for soliciting the employment the contractor's services, nor give any gratuities,
fees or other compensation or gifts to any member of the Police Department
or Township employee.
(7)
Act in an unprofessional manner, be discourteous or disrespectful
to members of the public as well as representatives of the Township of Hamilton.
Also, while members of the public, especially those whose vehicles may have
been towed or impounded, may at times resort to strong language, threats and/or
unbecoming behavior toward the contractor, the contractor shall exercise restraint
and not respond in kind, thereby reflecting unfavorably on Hamilton Township
and/or the Hamilton Township Police Department.
H.
The contractor shall supply along with his/her application
for a tower's license a listing of the equipment to be used to meet the terms
of this chapter. The list shall include the type of vehicles used, the storage
location of the vehicles and whether each vehicle is owned or leased by the
contractor. The contractor shall not lease or rent equipment to be used to
meet the terms of this chapter without the written approval of the Township
of Hamilton. Said lease or rental contract shall be, at least, for the term
of the contractor's inclusion as a tower for Hamilton Township. Copies of
all leases and/or rental contracts shall be filed with the Hamilton Township
Municipal Clerk. Any and all equipment that is leased or rented by the contractor
shall be permanently located at the contractor's base of operation for the
duration of the contractor's term on the tow list. Each piece of equipment
used to meet the terms of this chapter shall meet the minimum standards set
forth herein. Equipment that does not meet these standards shall not be used
to meet the terms of this chapter. The contractor is solely responsible for
the safety, maintenance and operation of each piece of equipment used to meet
the terms of this chapter. The contractor shall not subcontract his/her equipment
used to meet the terms of this chapter or portions of work under the terms
of this chapter to any other tow contractor(s).
I.
The contractor shall provide, at a minimum, one or both
of the following pieces of equipment to be used to meet the terms of this
chapter:
(1)
One light-duty wrecker. These shall have commercially
manufactured chassis certified by the manufacturer for light-duty towing.
Each shall be equipped with commercially manufactured lifting apparatus with
dual rear wheels, safety chains, proper safety lights, rear floodlights and
amber rotation emergency flashing lights.
(2)
One car carrier vehicle. These shall have commercially
manufactured chassis certified by the manufacturer. Each shall be equipped
with a hydraulically powered winch. The tilt bed or slid-back shall be hydraulically
operated. Each shall also be equipped with tiedown chains, proper safety lights
and amber rotation emergency flashing lights.
J.
The Police Department shall keep a roster of the names
of the towers on the tow list together with the license and identification
number of each tow vehicle owned or operated by each contractor, a description
of each tow vehicle and a complete record of inspections of each vehicle made
by the Police Department.
K.
The contractor shall supply, along with its application
for a tower's license, a manufacturer's certification, or that of a certified
testing laboratory, certifying the lifting capacities of each piece of equipment
used to meet the terms of this chapter.
L.
Each tow vehicle shall be equipped with or contain equipment
for providing two-way communications with the contractor's office facilities.
These communications shall be available 24 hours a day, seven days a week.
Tow vehicles shall also be equipped at all times with safety vests for operators,
first aid kits, hand tools, a flashlight, broom, work gloves and receipts
as specified above. The contractor shall not apply any additional charge for
using this equipment.
M.
All tow vehicles shall be kept in a clean and neat condition
to reasonably accommodate persons who may come in contact with such vehicles.
All tow vehicles shall have the name, address, phone number and any required
local, state and/or federal license numbers permanently affixed to both sides
of the tow vehicle in compliance with the motor vehicle and traffic laws of
the State of New Jersey (Title 39 of the Revised Statutes). All tow vehicles
shall be properly permitted by the State of New Jersey for the use of amber,
flashing, emergency lights.
N.
The contractor shall maintain a record of all vehicles
administered to under the terms of this chapter in a separate ledger dedicated
only for such information. Information contained in this ledger shall include
details of each vehicle towed, serviced or transported, and particularly the
following:
(1)
Name and address of the owner (if and when available).
(2)
The services provided and the charges paid for those
services.
(3)
The VIN number of the vehicle, the license number, its
make, model, color and year.
(4)
The date, time of day, and area of the Township where
the vehicle was towed/serviced.
(5)
Each vehicle incident reported in this ledger shall include
the invoice number of the charges paid and the towing/service number issued
by the Hamilton Township Police Department.
O.
This ledger shall be open for inspection at any time by any authorized representative of Hamilton Township. In addition to this ledger, the contractor shall deliver a monthly towing report to the Hamilton Township Municipal Clerk containing the information referenced above, exclusive of Subsection N(2). The Chief of Police shall approve the form of this report.
P.
The Police Department of Hamilton Township shall assign
consecutive, sequential numbers to every incident falling under the terms
of this chapter. This tracking number shall be included on all invoices, receipts,
forms, communications, etc. that have any connection to services rendered
under the terms of this chapter. The Hamilton Township Police Department shall
maintain a record of any personal property that can be observed in any vehicle
towed by that contractor.
Q.
The Township of Hamilton shall conduct an option of vehicles
on a quarterly basis, at a minimum, and shall do so in accordance with the
laws of the State of New Jersey.
R.
The Chief of Police is hereby authorized to develop,
establish and amend as necessary policies and procedures as may be reasonably
and necessary to obtain compliance with the terms and conditions of this chapter
and the laws of the State of New Jersey. The Hamilton Township Committee shall
approve all such policies and procedures hereby promulgated after such have
been made available to the general public for comment. All such policies and
procedures and towers' rate cards shall be available for inspection by the
public at the office of the Hamilton Township Municipal Clerk during normal
business hours.
S.
An attempt shall be made to amicably settle, through
negotiations between the contractor, the Police Department and the Township
Administrator, all disputes over the interpretation of this chapter, including
the reasonableness of any charges assessed. In cases where the Township has
mistakenly directed that a vehicle be towed or has acted on incorrect information
supplied by Township official sources, the contractor shall be reimbursed
by the Township only for the minimum applicable towing fee as set forth herein.
Nothing stated herein shall be construed as limiting the right of any person
to have their vehicle towed as expeditiously as possible by any tower of their
choosing, to any location of their choosing, as long as such action, in the
opinion of the Hamilton Township Police Department, does not present an unreasonable
risk or inconvenience upon the public byways of the Township of Hamilton.
A.
Basic towing.
(1)
Basic towing services shall be defined as: The removal
and transportation of an automobile from the incident scene to the contractor's
storage lot at the request or call of authorized personnel or members of the
Hamilton Township Police Department as may be required when said automobile
is abandoned, disabled, damaged in accidents, illegally parked, recovered
after being stolen or, in the case of emergency, from a highway, street or
other public or private road, or from a parking area or from a storage facility.
It does not include recovery of an automobile from a position beyond the right-of-way
or berm, being impaled upon any other object within the right-of-way or berm
or not in an upright position, cleanup, oil dry, additional workers, wait
time, yard fees, administrative fees or any further services provided by the
contractor.
[Amended 5-21-2007 by Ord. No. 1594-2007]
(2)
The following fees are established as being the reasonable
and customary rates that shall be charged for towing defined as "basic towing
service":
[Amended 2-6-2006 by Ord. No. 1552-2006; 5-21-2007
by Ord. No. 1594-2007]
(a)
Towing services provided during the day: $115 per tow.
(b)
Towing services provided on nights, weekends or on New
Jersey State holidays: $115 per tow.
(d)
The Chief of Police shall have sole discretion in determining
the maximum fees permitted for the following: cleanup, oil dry, additional
workers, wait time, yard fees and administrative fees. These fees will be
reviewed annually between October and December, and the approved fee list
shall be issued by the Chief of Police or his designee along with the list
of individuals or entities approved for inclusion on the rotation tow list.
(3)
The charge for towing Hamilton Township municipal passenger
vehicles from within the Township of Hamilton to any designated municipal
impound shall be $50. The charge for towing Hamilton Township municipal passenger
vehicles from outside the Township to any designated municipal impound or
from inside the Township to a designated location outside the Township shall
be $75.
(4)
There shall be no additional charges other than those
specified in the fee schedule listed above.
(5)
The above fee schedule shall not apply when the operator
of the vehicle elects either a specific tower or to be towed to a destination
other than the tower's storage facility. In such cases, the towing and storage
charges shall be mutually agreed upon between the towing contractor and the
operator of the vehicle.
B.
Nonbasic towing.
(1)
Nonbasic towing shall be defined as: All towing services
that are not basic towing services or private passenger automobiles.
(2)
This chapter is not intended to regulate or set fees
for nonbasic towing services or the towing and storage of trucks and buses.
Such service, if required, shall be billed at reasonable prevailing rates.
The towing contractor shall submit a list of fees in advance for nonbasic
towing services to the Chief of Police, who shall have the sole discretion
in determining the maximum fees permitted.
C.
Vehicles that arc not claimed by their owners shall be
sold at public auction as soon as legally possible as set forth in N.J.S.A.
39:10A-1 et seq. The Hamilton Township Police Department shall monitor all
towed vehicles to insure that all applicable violations arc issued, that all
titles are secured as soon as legally possible and that auctions are held
as soon as legally possible.
D.
Vehicles that are legally eligible shall be put up for
public auction according to law by the Township of Hamilton. These vehicles
are to be grouped for sale. Groups are to be determined based on their location
and the length of time each vehicle has been eligible for public sale. Groupings
are to be made at the sole discretion of the Hamilton Township Police Department.
Each group of vehicles shall compose a lot. Said lots are to be auctioned
off according to law. The minimum acceptable bid for each lot shall not be
less than the aggregate charges for towing and storage accrued by each vehicle
in said lot. All proceeds from the public auction of these vehicles shall
remain with the Township of Hamilton and shall be used to satisfy any claims
for towing and storage.
E.
In the event that no bids are received for any lot, the
contractor agrees to accept title to each vehicle comprising said lot as payment
in full for any towing and/or storage claims against said vehicles. In no
event shall the Township of Hamilton be liable for any charges or claims associated
with the towing and/or storage of any vehicles towed or stored under the terms
of this chapter unless said vehicle is owned by Hamilton Township and sold
at public auction.
A.
The towing and storage fees set forth herein for basic
towing services and those billed for nonbasic towing services are the amounts
that the towing contractor shall charge the vehicle owner or representative.
B.
In the event that the Police Department requires a vehicle
involved in a police matter to be held for investigation, the police may direct
that said vehicle be towed to a designated police impound property.
A.
The towing contractor shall be required to purchase,
maintain and provide during the time that he/she is providing service under
this chapter, proof of insurance furnished by a reputable insurance company
licensed to do business in the State of New Jersey, containing the following
coverages with liability limits as set forth below:
(1)
Garage liability/comprehensive general liability insurance
policy in an amount not less than $1,000,000 combined single limit, covering
bodily injury and property damage liability, including but not limited to
personal injury, products liability (where applicable), independent contractor
and completed operation coverage.
(2)
Garage keeper's legal liability insurance policy in an
amount not less than $100,000. Said policy must include both comprehensive
and collision and an endorsement to include “on hook."
(3)
Automobile insurance policy in an amount not less than
$1,000,000 combined single limit, covering bodily injury and property damage
liability, including but not limited to owned, nonowned and hired vehicles.
(4)
Worker's compensation insurance as required by law, including
but not limited to statutory New Jersey worker's compensation benefits, and
employer's liability of at least $100,000.
(5)
Excess/umbrella liability. in the event that garage liability
and/or automobile liability cannot be purchased up to the required $1,000,000
limit, an excess liability umbrella liability policy must be purchased to
effect a total liability limit of $1,000,000. Excess or umbrella policies
will not be required for garage and automobile policies that meet or exceed
the $1,000,000 minimum limit.
B.
The garage liability and automobile liability policies
shall name the Township of Hamilton as additional insured and certificate
holder.
A.
The contractor shall execute an agreement to hold harmless,
indemnify and defend, at the contractor's expense, the Township of Hamilton,
its employees and officials from any and all claims, demands, suit or action
for personal injury or property damage brought against the Township, its employees
and officials for any activities which arise out of any service performed
under this contract.
B.
The Township of Hamilton shall similarly indemnify and
hold a contractor harmless, in accordance with the provisions of this section,
from any and all claims, suits, demands or actions for personal injury or
property damage brought against the contractor and/or the Township which is
caused by any act or omission or negligence of the Township of Hamilton or
its respective employees and/or agents, unless such loss should occur as the
result of the gross negligence or intentional act of contractor, its employees
and/or agents.
Penalties for any violation of this chapter shall be up to $250 for
a first offense, up to $500 for a second offense, and up to $1,000 and/or
revocation of a license for subsequent offenses.