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.

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.

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.

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.

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.

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.

Investigation of applicant and premises.

Approval/denial process.

The name and address of the licensee.

The number and type of the license and the nature of the licensed activity.

The address and block and lot designation at which the licensed activity is conducted, if the activity is carried on at a fixed location.

If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.

The expiration date of the license.

Any other appropriate information which the Chief of Police or a police officer designated by him/her may request.

Licenses are nontransferable either from person to person or from place to place.

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.

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.

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.

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.

No applicant shall conduct a business without a license or while a denied license is under appeal as aforesaid.

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.

Any license issued by the Township may be revoked by the Township Committee after notice and a hearing for any of the following causes:

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.

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.

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 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:

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.

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.

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.

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.

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.

No person owning or operating a tow vehicle used to meet the terms of this chapter shall:

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).

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:

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

Basic towing.

Nonbasic towing.

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.

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.

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.

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.

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.

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:

The garage liability and automobile liability policies shall name the Township of Hamilton as additional insured and certificate holder.

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.

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.