[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.
[Amended 2-6-2006 by Ord.
No. 1552-2006; 5-21-2007 by Ord. No. 1594-2007; 12-17-2018 by Ord. No. 1889-2018]
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 Township of Hamilton 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.
(2)
The following fees are established as being the reasonable and customary
rates that shall be charged for towing defined as "basic towing service":
(a)
Towing services provided during the day: $140 per tow.
(b)
Towing services provided on nights, weekends or on New Jersey
State holidays: $140 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. 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 maximum charge for towing Township of Hamilton municipal vehicles,
both basic and nonbasic, whether from within the Township of Hamilton
or outside the Township of Hamilton to any designated municipal impound
shall be $100.
(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 are 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 Township of Hamilton Police Department shall monitor all
towed vehicles to insure that all applicable violations are 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 Township of
Hamilton 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 the Township of Hamilton 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.
