[HISTORY: Adopted by the Township Committee
of the Township of Montville by Ord. No. 1308 as Ch. 5.52 of the 1998 Code; amended
in its entirety 4-25-2017 by Ord.
No. 2017-15. Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the "Montville Township
Towing Ordinance."
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly states otherwise:
A private passenger automobile, station wagon, van, motorbike,
motorcycle, ATV, moped, or similar vehicle, that is owned or hired
and is neither used as a public or livery conveyance for passengers
or rented to others with a driver; and any other automobile having
a registered vehicle weight of less than 12,500 pounds.
The servicing of a vehicle or the removal and transportation
of a vehicle from a highway, street, or other public or private road,
parking area or from a storage facility. This chapter and the definitions
herein shall not include the recovery of a vehicle from a position
beyond the public right-of-way or berm, or from being impaled upon
any other object outside of the public right-of-way or berm.
A vehicle which has been abandoned, impounded or rendered
inoperable as a result of a mechanical failure, involvement in an
accident or criminal activity. A vehicle the location of which constitutes
a hazard to the motoring public shall be deemed disabled for the purposes
of this chapter.
Repairs which can be performed at the scene of a tow, including
but not limited to flat tire changing, jump starting and gasoline
deliveries.
At a minimum, contractors on the truck list shall meet the
following requirements:
Vehicle must have a manufacturer's gross vehicle weight
rating (GVWR) of 40,000 pounds;
Heavy-duty hydraulic tow truck classification shall be 26,500
pounds up to 80,000 pounds;
Each heavy-duty contractor must have available at least one
flatbed truck, one landall or equivalent trailer, and one recovery
trailer equipped with air cushion/air bag recovery, recovery straps,
broom and shovel, regular saw, and K-12 saw/chain saw;
All drivers involved in heavy-duty/rescue towing must have a
New Jersey CDL Class A license with hazardous material, tank, and
double and triple trailer endorsements;
All drivers must have TRAA levels 1, 2 and 3 towing certificates;
Heavy-duty hydraulic tow truck classification shall be 26,500
pounds up to 80,000 pounds, with minimum twenty-five-ton hydraulic
extendable boom and minimum 45,000 pounds hydraulic under reach; minimum
two 25,000 pound hydraulic winches.
The act of storing and confining a vehicle upon an order
of the Police Department at either the towing operator's storage
area or at a Township facility as a result of abandonment, involvement
in an accident, or suspected criminal activity.
A vehicle storage facility that is completely indoors, having
one or more openings or storage bins in the walls for the storage
of vehicles and that is secured by a locking device on each bin or
opening.
Any wrecker licensed pursuant to the provisions of this chapter.
Any person, firm, partnership, association, corporation,
company, or organization of any kind that is in contract with the
Township, pursuant to this chapter, to provide wrecker/towing services
to the Township.
A vehicle storage facility that is not completely indoors
and that is secured by a fence, wall or other man-made barrier that
is at least six feet in height and is protected with on-site security
or an alarm system. Outside storage facilities shall also maintain
adequate lighting to protect stored vehicles from vandalism.
A person, firm, corporation or partnership who owns and/or
operates a vehicle on the roads and highways within the Township of
Montville, which vehicle, by reason of being disabled or abandoned
on the roads and highways of Montville Township, requires towing and/or
servicing.
Any person, firm, partnership, association, company or organization
of any kind.
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
vehicles.
Elected officials of the Township of Montville through which
legislative and investigative powers of the municipality are exercised.
Additional time the tow operator spends at the scene beyond
the first 10 minutes after arriving on the scene due to circumstances
which do not allow access to the vehicle to be towed, such as police
investigation, extrication and/or medical treatment of involved persons,
etc.
A vehicle driven by mechanical power and employed for the
same purpose of towing, transporting, conveying, recovering or removing
any and all kinds of vehicles under 12,500 pounds, which are unable
to be and actually are not operated under their own power from the
place where they are disabled to some other place, or any vehicle(s)
which the Police Department has ordered to be impounded.
A.
Any person having available space at a garage who desires to engage
in municipal towing at police request, as delineated in this chapter,
must first apply for and be approved for a license according to the
terms and conditions of this chapter and, if approved for a license,
enter into a contract, for a duration of one year. Such persons shall
be known as "licensees" and shall serve as such pursuant to the terms
of the contract between the licensee and the Township, subject to
the Local Public Contracts Law[1] as well as this chapter.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
B.
No licensee shall subcontract to any person who is not a licensed authorized tower any work to be performed by him of the Township, without having first obtained the written approval from the Police Department for the use of the subcontractor, which approval is necessary in order to maintain an equitable and nondiscriminatory administration of the rotation lists referenced in § 358-14. Any licensee authorized to subcontract work remains liable for any violation by the subcontractor and shall be governed by all the terms and conditions of this chapter.
C.
Any licensee who voluntarily removes itself from the rotating list,
thereby relinquishing its license under this chapter, forfeits the
right to reapply for a license under this chapter until the next awarding
of licenses and contracts by the Township.
D.
There shall be no limitation on the number of light-duty towers licensed
and appointed to service the Township of Montville. All qualified
applicants shall be appointed.
E.
There shall be no limitation on the number of heavy-duty towers licensed
and appointed to serve the Township of Montville. All qualified applicants
shall be appointed.
Licensees shall furnish towing, storage and emergency repair
services, in conformance with this chapter, to motor vehicles within
the limits of the Township of Montville when requested to do so by
the Montville Police Department. These services are to include the
towing and storage of unclaimed or abandoned vehicles when requested
to do so by the Montville Township Police Department.
Applications for a license issued hereunder shall be on forms
furnished by the Montville Township Clerk's Department and shall
state:
A.
The full name and business address of the applicant, and whether
he is owner, lessee or bailee. If the application is made for a corporation,
it shall state the names and addresses of the officers and directors
thereof, its registered office and its registered agent, and the telephone
numbers available on a twenty-four-hour-per-day basis.
B.
The year, make and type of each wrecker, its serial number, registration
number, vehicle lifting capacities and registered owner.
C.
The address where the wrecker(s) shall be regularly garaged.
D.
The names of all towing vehicle operators, their addresses and the
serial numbers of their New Jersey motor vehicle driver licenses.
E.
Evidence to demonstrate that the person, company or corporation applying
for this license has at least three years' experience, as sole
proprietor or as an employee, in the towing of automobiles.
F.
That the applicant has an inside building storage facility or outside secured storage facility with available space for properly accommodating and protecting all motor vehicles to be towed or otherwise removed from the place where they are disabled or impounded, and that any such vehicles will not be stored or allowed to remain on public property or Township streets or on property which is not zoned for such storage. The facility must be located either within the Township boundaries or within three miles traveling distance from the boundaries of the Township. The applicant must, therefore, obtain from the Zoning Officer of the Township of Montville a zoning permit demonstrating that the premises upon which the inside building storage facility or outside secured storage facility is located does not violate Chapter 230, Land Use and Development. The zoning permit, once obtained, must be made part of the application.
G.
That the applicant can ensure a fifteen-minute arrival on-scene time
on all calls, heavy or unusual traffic conditions excepted. A fifteen-minute
response time shall mean that the applicant shall arrive at the location
where the tow is to occur within 15 minutes of being informed that
tow services are required.
H.
The application shall have affixed thereto an affidavit to be sworn
by the applicant that all of the information given in the application
is true and correct, and said application shall be submitted to the
Township Clerk no later than November 1 of the year preceding the
license year.
I.
All drivers involved in heavy-duty rescue towing must provide copies
of New Jersey CDL Class A license with hazardous material, tank, double
and triple trailer endorsements. All drivers must also provide proof
of medical clearance. Drivers must also hold a National Driver Certification
from TRAA or Wreckmaster equivalent:
Level 1 for light-duty towing and recovery;
Level 2 and 3 for heavy-duty towing and recovery.
An application fee for each license shall be accompanied by an application fee as set forth in Chapter 169, Fee Schedule, payable to the Township of Montville, in addition to any fee for the criminal history check set forth in § 358-7 as well as any other fees required by this chapter. These fees do not include the license fees as set forth in § 358-9. Such application fees are not refundable in the event that an inspection of the vehicle(s) has been made and no license is issued because of failure to comply with any of the requirements of this chapter or of any regulations mandated under this chapter by the Police Chief.
A.
The Township Clerk shall refer the application for a license to the
Police Chief who shall cause an investigation to be made of the applicant
and of his proposed business operation and shall make or have made
an inspection of the vehicle(s) to be licensed. The Police Chief may
delegate the inspection of the vehicle(s) to be licensed. The Police
Chief may delegate the inspection of the vehicle(s) to an independent
person, not engaged in business in the Township, who shall be qualified
by experience and training to make such inspection. Any such person
shall report to the Police Chief whether the vehicle(s) are in a thoroughly
safe and sanitary condition and comply with the requirements and standards
of this chapter as set forth herein. The Township shall reserve the
right to disqualify from consideration any applicant whose performance
on similar service previously provided to the Township was determined
to be unsatisfactory. Equipment and personnel of the licensee are
subject to periodic inspections and approval by the Township.
B.
Within 60 days after the receipt of the completed application, the Police Chief is to complete the investigation and inspection, and according to the terms of this section as well as any other relevant section of this chapter, either refuse to approve the application, or shall approve the application and classify each wrecker to be licensed as either light-duty or heavy-duty ensuring compliance with the minimum standards delineated in § 358-10.
C.
Included in the Police Chief's investigation of the applicant
shall be a criminal history check with the New Jersey State Police
Bureau of Investigation.
D.
The Township of Montville recognizes that the licensee must be trustworthy
in that he is safeguarding vehicles belonging to others. Therefore,
to protect the public interest, the Township may disqualify any licensee
wherein an employee, owner, principal, agent, etc., has been convicted
of a crime or a violation under this chapter which crime or violation
would indicate that the licensee may not be responsible in the best
interest of others. Such crimes or violations would include, but not
be limited to, car theft, stealing of car parts, break-ins, thefts,
overcharging, assault, etc.
E.
If any licensee or employee, owner, principal or agent, etc., of
a licensee is found guilty of such a crime or violation during the
term of the license, the license may be canceled by the Township for
reasons aforesaid. The licensee shall notify the Police Department
in writing of any criminal charges or violation that become pending
against him or his employees during the term of the license.
F.
The Township of Montville recognizes that tow truck operators must
also be drivers who abide by this state's motor vehicle laws.
Accordingly, any tow truck operator having one or more convictions,
within three years of the date of the licensee's application,
or renewal thereof, is filed with the Township, for a moving violation
of the motor vehicle laws of this state, which the Township Police
Chief determines will negatively impact upon the ability of the tow
truck operator to safely and properly operate a motor vehicle, will
be disqualified from operating any of the licensee's motor vehicles
within the Township. If the licensee is already licensed, upon a conviction
for a moving motor vehicle violation which the Township Police Chief
determines will negatively impact upon the ability of the tow truck
operator to safely and properly operate a motor vehicle, a tow truck
operator will be immediately disqualified from operating any of the
licensee's motor vehicles within the Township.
G.
The Police Department reserves the right to investigate at any time
the licensee or anyone employed by the licensee for the purpose of
fulfilling the contract herein.
The Police Chief shall approve and classify an application only
when he finds that the following requirements have been met:
A.
That the public convenience and necessity will be served by the use
of the vehicle(s) for which the application has been made.
B.
That the insurance policies as required herein have been procured
and supplied.
C.
That the applicant and proposed operators are fit persons to operate
the wrecker and conduct a wrecker service in the Township. License
holders will be required to submit a list of operators and their legal
addresses and keep the Police Department informed of any changes in
the operator's and/or their legal addresses.
D.
That the requirements of this chapter and all other governing laws,
statutes and ordinances have been met.
E.
That the wrecker(s) have been properly licensed and inspected by
the State of New Jersey having the necessary stickers affixed, and
meet with the required minimum standards as set forth by this chapter.
G.
That the applicant demonstrates to the Police Department that the
applicant will be able to ensure a fifteen-minute on-scene arrival
time for each call, heavy or unusual traffic conditions excepted.
A.
Upon written notification by the Chief of Police that an application
has been approved and classified, as well as compliance being met
with all other sections of this chapter, the Municipal Clerk of the
Township of Montville shall issue a license to the licensee under
this chapter, as well as individual licenses for each wrecker owned
or operated by the licensee designating such wrecker as either light-duty
or heavy-duty.
B.
Prior to conducting any towing activities pursuant to this chapter,
the licensee must execute a contract approved by both counsel for
the Township and the Township Committee, which contract is in conformance
with the Local Public Contracts Law[1] and any other relevant laws, regulations and ordinances.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
C.
The fee for a light-duty or heavy-duty municipal towing license shall be as set forth in Chapter 169, Fee Schedule, per year. This fee shall be payable before issuance of the license regardless of the time of year at which the license is issued, and fees shall not be prorated. In the event that duplicates of a license are required, the same shall be supplied for a fee for each as set forth in Chapter 169. Said license shall remain valid from January 1 to December 31 of each year or part thereof.
D.
Light-duty and heavy-duty municipal towing licenses will expire on
December 31 of each year. Complete license applications and fees must
be submitted annually in order for licenses to be considered for renewal.
It is expressly ordained that all vehicles licensed by the licensee
must be inspected by the Police Department annually.
A.
Each wrecker must meet all of the requirements of the Revised Statutes,
Title 39, Motor Vehicle Rules and Regulation,[1] and must have a lifting capacity of at least five tons.
The Township reserves the right to request verification of the vehicle's
capacities from either the vehicle's manufacturer or a reputable
testing laboratory.
[1]
Editor's Note: See N.J.S.A. 39:1-1 et seq.
B.
Classification of wreckers (light-/heavy-duty). The following shall
be the minimum standards to be utilized by the Police Chief in the
classification of wreckers as either of the following:
(1)
Light-duty wreckers shall be able to handle all makes of passenger
cars, small trucks and any other vehicle having a registered weight
of less than 12,500 pounds, and which complies with the following
standards:
(a)
Dual rear wheels or equivalent.
(b)
A power take-off-controlled winch with a minimum cable thickness
of 1/2 inch or equivalent.
(c)
Comparable weight equal to the vehicles to be towed, with a
minimum of 5,500 pounds.
(d)
A three-eighths-inch safety chain. The lift chain and the safety
chain shall not be attached in any form or manner to the same part
of the wrecker.
(e)
One reflectorized traffic vest.
(f)
A five-pound CO2 dry-powder extinguisher
or equivalent.
(g)
One broom, shovel and debris container.
(h)
Ten pounds absorbent materials such as "speedy dry" and any
other materials necessary to remove any and all debris from the roadway
at the tow site. In addition to removal of any absorbent materials
applied at the scene, each official tower must dispose of any vehicle
debris, such as glass or vehicle parts, removed from the roadway in
a lawful manner.
(i)
Emergency lighting in conformance with applicable federal and
New Jersey state statutes and regulations. This lighting must include
at a minimum either an amber beacon light or a light bar, either of
which must have visibility of 360°. Each vehicle must have a valid
amber light permit issued by the State of New Jersey.
(j)
Equipped with a winch rated to accept at least 8,000 pounds.
(2)
Heavy-duty wrecker. A tow truck with dual wheels, capable of towing
large trucks and which shall meet the following minimum requirements
as set forth in the New Jersey State Police Application and Minimal
Requirements for Vehicular Towing:
(a)
Minimum gross vehicle weight (GVW) of 40,000 pounds commercially
manufactured wrecker and chassis.
(b)
Meeting state and federal DOT requirements governing commercial
motor vehicles.
(c)
Air brakes.
(d)
Air transfer system: means of controlling the brakes of the
towed vehicle.
(e)
Axle lift with minimal lift capacity of 45,000 pounds and tow
capacity of 80,000 pounds.
(f)
Two safety chains, one-half-inch-by-ten-foot alloy.
(g)
Two tow chains, five-eighths-inch-by-ten-foot alloy.
(h)
Axle lift safety straps or equivalent retention device.
(i)
Amber emergency lights with proper amber light permit.
(j)
Two flood lights or work lights to the rear of the wrecker.
(k)
Tow light bar or magnetic tow lights.
(l)
Two-way radio or cellular phone.
(m)
Assortment of wood blocks and boards.
(n)
Assortment of tools.
(o)
Flashlight.
(p)
T-bolts/maxi release pins.
(q)
Angle iron.
(r)
First aid kit.
(s)
Fire extinguisher.
(t)
Broom and shovel.
(u)
Road flares, triangles or road cones.
(v)
Two winches, each rated for at least 25,000 pounds, or one winch
rated at least 50,000 pounds.
(3)
Recovery unit: A tow truck with dual wheels, capable of recovering
large trucks and which shall meet the following minimum requirements:
(a)
Commercially manufactured wrecker and chassis 40,000 pounds
minimum gross vehicle weight (GVW).
(b)
Meeting state and federal DOT requirements governing commercial
motor vehicles.
(c)
Minimum gross combination weight rating (GCWR) of 80,000 pounds.
(d)
Hydraulic-operated boom of 50,000 pounds minimum.
(e)
Minimum two 25,000 pound winches.
(f)
Minimum chassis lift/under-reach rated of 45,000 pounds.
(g)
Cable size and length: 5/8 inch and 200 feet or OEM specifications
minimum.
(h)
Air brakes.
(i)
Air transfer system.
(j)
Two safety chains, one-half-inch-by-ten-foot Grade 10 alloy.
(k)
Two tow chains, one-half-inch-by-ten-foot Grade 10 alloy and
four chain binders.
(l)
Four winching chains, one-half-inch-by-eight-foot Grade 10 alloy.
(m)
Four tie-down chains, five-sixteenths-inch by 10 feet and four
chain binders.
(n)
Two recovery straps, minimum of six inches by 20 feet.
(o)
Axle lift safety straps or equivalent retention device.
(p)
Hydraulic recovery stiff legs mounted into body of the truck.
(q)
Two twelve-ton snatch blocks.
(r)
Amber lights with proper permit.
(s)
Two flood lights or work lights to the rear of the wrecker.
(t)
Tow light bar or magnetic tow lights.
(u)
Assortment of wood blocks and boards.
(v)
Assortment of tools.
(w)
Flashlight.
(x)
T-Bolts/maxi release pins.
(y)
Hydraulic bottle jack.
(z)
Angle iron.
(aa)
First aid kit.
(bb)
Fire extinguisher.
(cc)
Broom and shovel.
(dd)
Road flares, triangles or road cones.
(ee)
Environmentally safe drying compound, minimum of 50 pounds.
(ff)
Additional equipment.
(gg)
Air cushion recovery system, including starter cushions, with
motor-driver air pump, with a lifting capacity of 100,000 pounds.
(hh)
Semi-tractor with fifth wheel.
(ii)
Lowboy or Landoll-type trailer with minimum hauling capacity
of 40,000 pounds.
(jj)
Relief trailer or truck capable of transferring loads off damaged
trucks.
C.
Each licensed tower licensed with heavy-duty wreckers must, in addition
to any other criteria, have available at least two flatbed trucks
duly licensed under the terms of this chapter. They must also have
available at least one tractor and one Landoll or equivalent type
trailer and one recovery trailer to include air-cushion/air-bag recovery;
straps; broom and shovel; regular saw, and K-12/saw/chain saw.
D.
General requirements. Every licensed tower must have a minimum of
two flatbed-type trucks with wheel-lifts and one conventional tow
truck with hydraulic ten-ton boom with wheel lift for its light-duty
wrecker. Every licensed tower must have under-reach capability for
its heavy-duty wreckers. This is necessary in order to ensure the
capability of the licensed tower to lift towed vehicles from the underside
of the vehicle in a damage-free manner.
E.
In addition to the service herein outlined, the licensee will be
required to furnish extra towing equipment and service during storm
periods, period of snow emergencies, traffic emergencies, disasters,
any acts of God, and for any other reason when so designated by the
Chief of Police, or their authorized representative. During such periods,
which are herein referred to as "standby periods," the licensee shall
be required to furnish adequate equipment and service to be held ready
to remove the following types of vehicles:
F.
Standby service will begin when the Chief of Police, or his authorized
designee, calls the licensee initially and will end when he terminates
the standby status by telephone or personal contact with the licensee.
A.
The office, workshop, and storage areas of the applicant must be
located in zones where such use is permitted.
B.
Each vendor providing towing services must show proof of ownership
or permission for use of proper land area to store a minimum of 10
cars that is located either within the Township boundaries or within
three miles traveling distance from the boundaries of the Township.
In regards to heavy duty, must also accommodate two tractor and trailers.
A storage facility that is not completely indoors must be secured
by a fence, wall or other man-made barrier that is at least six feet
in height and is protected with on-site security. The facility is
to be lighted at night with continual motion detection actuated lighting.
C.
Adequate lighting, shielded from abutting premises, shall be maintained
during night hours, and all gates and access doors to the storage
area will be locked to provide safety for the automobiles in storage
and their contents from theft, damage or vandalism.
D.
All storage areas shall have fencing at least six feet in height,
which fencing shall be constructed of a material which will shield
the vehicles from the public view and must meet Township building
requirements.
E.
No stacking of wrecked automobiles one on top of the other shall
be permitted, and only one level of storage is permitted.
F.
All automobiles must be stored singly and arranged as to permit inspection
and subsequent removal.
G.
Each automobile stored in violation of these specifications and without
the permission of the Montville Chief of Police shall be subject to
a penalty of $5 per day, per vehicle, and the Township reserves the
right to terminate any individual's or firm's license in
the event of improper storage.
H.
An on-site inspection and approval of the proposed storage area will
be made by Township representatives prior to award of this license.
I.
The Township reserves the right, during any emergency, to designate
temporary areas owned or leased by the Township for storage of automobiles
towed to said area at the direction of the Chief of Police. During
said emergencies, the licensee shall be entitled to make regular charges
to the owners of the automobiles so removed to that storage area.
J.
The licensee shall be responsible for obtaining a valid salvage title
for each abandoned automobile in his possession that was obtained
through towing under this license. The licensee will endeavor to dispose
of the abandoned automobiles as rapidly as possible by public auction
in compliance with the law of the State of New Jersey. The Township
must also obtain junk title for licensee at no expense to licensee.
A.
The licensee shall be responsible for the towing of automobiles as
described herein on a twenty-four-hour basis, seven days a week, during
the term of the license.
B.
The licensee shall respond promptly to all requests for towing service
by the Township. In any event, the licensee shall respond and be present
at the towing location within 15 minutes of receipt of notice of the
towing, unless heavy or unusual traffic conditions within or without
the Township prevent the licensee from arriving within 15 minutes.
In that event, the licensee shall arrive in a reasonable time given
allowance for said traffic conditions. Repeated late arrivals without
satisfactory cause shall constitute grounds which the Township, in
its discretion, may be considered a violation of this chapter by the
licensee.
C.
Nothing in this chapter shall prevent the owner or operator of an
automobile from contacting a tower or wrecker of his or her own choice
to remove the automobile from the public streets of the Township after
it has become disabled or otherwise inoperable, unless the police
officer on the scene determines that public safety requires that the
vehicle be immediately removed from the scene, at which time a licensed
tower will be called.
D.
All owners or operators of disabled automobiles retain the right
to direct the towing vehicle to remove the disabled automobile to
a garage or workshop of their own choosing.
E.
The licensee shall remove and tow vehicles for storage at either
the licensee's storage yard or the Montville Township facility,
as directed by the Montville Township Police Department, according
to the following categories of vehicles for tow:
(1)
Vehicles to be towed to the licensee's storage facility will
include those which are abandoned, illegally parked, disabled, or
involved in accidents;
(2)
Vehicles to be towed to the Montville Township storage facility will
include those suspected of involvement in criminal activity, stolen
vehicles, vehicles confiscated or seized pursuant to the Forfeiture
Statute (N.J.S.A. 2C:64-1 et seq.), or which are involved in a fatal
accident; and
(3)
The decision as to which category any vehicle tow is assigned and
to which storage facility it will be towed by the licensee shall be
made by the Township of Montville Police Department, and the licensee
shall have no responsibility for the same.
F.
The licensee shall be responsible for the towing of vehicles described in Subsection E from streets, public alleys, public rights-of-way, public easements, avenues, thoroughfares, public or quasipublic places, including parks and playgrounds, or any other Township-owned lots, as directed by the Township of Montville Police Department.
G.
The licensee will be responsible to clean up all broken glass and
debris at the scenes of accidents.
A.
The fees set forth in the schedule below for towing and storage rates
are the maximum permitted charges that shall apply to the towing and/or
storage of passenger automobiles. Towing operators transporting multiple
passenger vehicles at one time shall receive the applicable fees for
each passenger vehicle transported.
(1)
The following towing and storage fees shall apply for passenger vehicles
and other vehicles as indicated.
|
Base charge for towing:
| ||
|
Light-duty road service (plus cost of fuel provided to vehicle)
|
$85
| |
|
Flatbed service
|
$150
| |
|
Wheel lift service
|
$150
| |
|
Winching (per winch)
|
$150 flat fee
| |
|
Heavy-Duty Recovery and Storage
|
Per Hour
| |
|---|---|---|
|
Road service: fuel, jump start, airlines
|
$125
| |
|
Recovery services (per hour)
| ||
|
Heavy-duty 25-ton hydraulic tow truck
|
$500
| |
|
Heavy-duty 40-ton hydraulic rotating crane (recovery only)
|
$1,000
| |
|
Medium-duty hydraulic tow truck
|
$250
| |
|
Medium-duty flatbed
|
$250
| |
|
Heavy-duty flatbed, tractor, Landoll trailer, refrigerated trailer,
drybox trailer, flatbed trailer, detachable low-bed trailer
|
$400
| |
|
Airbag service, flat fee (2-hour minimum)
|
$3,000
| |
|
After first 2 hours, per bag, per hour additional
|
$200
| |
|
Recovery trailer: lighting, cleanup and recovery equipment
|
$350
| |
|
Light tower
|
$275
| |
|
Heavy-duty forklift and backhoe
|
$300
| |
|
Converter dolly
|
$200
| |
|
Heavy-duty recovery supervisor
|
$250
| |
|
Extra laborer, per hour, per man
|
$100
| |
|
Cleanup: sweep glass and debris; clean equipment, tarp and cover
vehicle
|
$100
| |
|
Wireless safety communication system
|
$175
| |
|
Storage charges (per day for vehicles not claimed within
24 hours):
| ||
|---|---|---|
|
Outside secured
|
$45/day
| |
|
Inside (only if directed by police)
|
$60/day
| |
|
Truck storage
|
$100/day
| |
|
Other charges:
| ||
|---|---|---|
|
Mileage (for towing outside of Township limits not applicable
to tow yard)
|
$5 per mile
| |
|
Waiting time (1-hour minimum) (excluding heavy duty)
|
$150 per hour
| |
|
Administration charge (one time per vehicle)
|
$45
| |
|
Cleanup: sweep glass and debris; clean equipment; tarp and cover
vehicle
|
$100
| |
(2)
In the event that the towing operator has been summoned by the Township
for the purpose of towing an abandoned vehicle and has arrived on
the scene; and if the owner or the operator appears on the scene before
the vehicle is hooked to a tow truck, then the towing operator will
collect a road service fee. It is the responsibility of the towing
operator to secure the billing information and collect the road service
fee.
(3)
Vehicles that are towed under this chapter and that subsequently
become the target of a police investigation (criminal, fatal accident,
etc.), and become the responsibility of the Township to pay the tow
charge shall be charged at the current rate for towing of Township-owned
vehicles.
(4)
Storage fees shall commence once the towed vehicle has been brought
to the storage facility and counted as one calendar day and continue
for every calendar day following. The fees set forth for storage are
the maximum storage charges per twenty-four-hour period and same shall
apply to a vehicle that is stored as a result of accidents, abandonments,
repairs, or suspected criminal activity.
(5)
Road repair services. The towing operator shall be permitted to charge
an additional fee based on the towing operator's prevailing hourly
labor rates and charges for parts or materials for any road repair
services provided in addition to those defined herein. It shall be
the responsibility of the tow operator to first inform the owner/operator
of the vehicle of the hourly labor rates and the estimated total cost
for parts and/or materials, and receive written consent from the owner/operator,
prior to the performance of such additional road repair services.
(6)
Wherever applicable, it shall be the responsibility of the towing
operator to first inform the owner or operator of the estimated total
cost prior to the performance of any towing service.
(7)
Release of impounded vehicles. No impounded vehicle is to be released
without proper authorization from the Police Department. Vehicle release
must be available during normal business hours.
B.
The licensee shall not charge a storage fee for any automobile stored
at the Township of Montville storage facility, which is the Township
Public Works garage, or other site as designated by the ranking police
officer on the scene.
C.
Every operator of towing service shall, prior to the actual towing
or storing of any automobile, give the owner or operator a written
estimate of cost, when feasible, and a written receipt when paid.
D.
The rates applicable to towing services performed under this chapter
shall be posted in a conspicuous place, visible to the public at both
the licensee's storage facility and office and at the Montville
Township Police Department during normal business hours.
E.
The licensee shall prepare a bill for towing charges for each vehicle
towed, consistent with the schedule of towing services under this
chapter, and shall provide copies of bills to the Chief of Police
for inspection within two weeks after their scheduled rotation.
F.
The licensee will be responsible to accept payment for towing and
storage charges in the form of cash and personal checks with proper
identification from vehicle owners or operators who have had their
vehicle towed under this chapter.
G.
Prior to the release of any vehicle by the Township storage facility,
the Township will direct the vehicle owner to the licensee to obtain
payment for the licensee's towing fee as indicated on said bill.
Neither the Township nor its officers will collect or otherwise accept
any payment on behalf of the licensee. The licensee will be responsible
to contact the Police dispatch and advise them that the payment has
been received and the vehicle can be released.
H.
Within 10 working days of the tow, the Police Department shall be
responsible for attempting to notify the owner of an abandoned vehicle
towed under this chapter that his/her vehicle has been towed to an
impound area. In the event the towed vehicle is not removed by the
owner within seven days, the licensee shall be responsible for notifying
the Police Department in writing of said situation. Failure of the
licensee to notify the Police Department as stated herein shall limit
the storage charge to seven working days only. The Township will make
good faith efforts to auction abandoned vehicles and other unclaimed
vehicles towed within the Township pursuant to state law. The Township
will not assist the licensee in otherwise collecting unpaid towing
bills. The Township must obtain junk title for licensee at no expense
to licensee.
I.
In the event that an auction on said vehicles is held, and money
is received, the licensee shall be paid his towing fee for said vehicle
from the auction amount, provided that the auction amount is equal
to or greater than the towing fee. If not, the licensee shall receive
the auction amount and the Township shall have no obligation to pay
the licensee the difference. If the proceeds from such a sale of a
vehicle are insufficient to pay the accrued towing or service charges
for that vehicle, the licensed tower agrees that there shall be no
further liability on the Township of Montville to pay same, and any
excess amounts which may be due shall be waived.
J.
The rates and charges provided for in this chapter are to be all
inclusive, and no other rates shall be charged relating to the towing,
storage, processing, servicing or release of vehicles.
A.
The Chief of Police shall see that a record is maintained containing
the names, addresses and twenty-four-hour telephone numbers of all
licensed wreckers and a record of the types of wreckers available
to meet the specific need of the emergency.
B.
Licensees shall perform licensed services on a rotating basis. The
Chief of Police shall maintain a revolving list schedule of licensed
wreckers to provide service where needed and instruct all duty officers
to call each successive licensee provided on a seven-day rotational
basis.
C.
No licensee shall respond to the scene of a disabled vehicle except
upon notification by the police officer in charge at police headquarters
or upon request of the driver.
D.
Separate lists will be administrated by the Police Department for
light-duty towing and heavy-duty towing. If a licensee is approved
for both heavy-duty and light-duty towing, the licensee's turn
on the light-duty list must be separate from its turn on the heavy-duty
list.
E.
Such additional rules and regulations regarding the rotation of wreckers
as may be promulgated hereunder by the Police Chief and filed with
the Municipal Clerk shall take effect immediately after service of
a copy thereof on licensees, which service may be made by addressing
same to said licensees by ordinary mail at their known address. If,
pursuant to the rules and regulations for rotation of wreckers adopted
under this chapter, the Police Department summons a wrecker to the
scene of a disabled vehicle for the purpose of removing the vehicle
and the summoned wrecker shall arrive at the scene, the owner or driver
of the disabled vehicle shall use the services of the summoned wrecker.
A.
By making application to be utilized as a licensed tow operator by
the Police Department and by accepting such employment, the person
or firm agrees to:
(1)
Provide a prompt response to each call.
(2)
Clean all debris at the accident site emanating from the accident.
(4)
All licensees shall maintain a record showing all vehicles impounded
at the request of the Township of Montville Police Department. Those
vehicles may include abandoned vehicles, recovered stolen vehicles,
or vehicles held for investigation by the Department. This record
shall be made available to any police officer for inspection upon
request and shall contain the following information:
(5)
A vehicle impounded by the police shall not be released without a
written tow order release form authorizing said release.
(6)
A written record shall be kept or maintained by the towing service
indicating the name of the person releasing the vehicle, the type
of proof of ownership presented, and the name of the person receiving
said vehicle.
(7)
It is expressly required that each licensee maintain a hard copy
receipt of all services provided for under this chapter, which receipt
shall bear the original signature of the person to whom the vehicle
was released.
(8)
After towing or hauling a vehicle to his garage, the licensee shall
make an inventory of all accessible and apparent property contained
within the vehicle and shall forward a copy of the inventory, setting
forth the date of hauling and the name and address of an owner of
the vehicle, within the two-hour period after expiration of the call
period to the Police Department.
(9)
Comply with all other terms and conditions of this chapter.
(10)
Comply with all motor vehicle rules and regulations found within
Title 39.
B.
Conduct of official towers and operators generally. No person owning
or operating a wrecker shall:
(1)
While waiting for employment, stand at any public street, intersection
or any other public property without first obtaining the consent of
a police officer or stand on any private property without first obtaining
the consent of the owner of the property;
(2)
Seek employment by repeatedly and persistently driving his wrecker
to and from in a short space in front of any disabled vehicle or by
otherwise interfering with the proper and orderly progress of traffic
along the public highways;
(3)
Permit or invite loitering within or near his wrecker;
(4)
Solicit or attempt to divert prospective patrons of another wrecker,
nor shall he solicit or divert prospective patrons of a given garage
in the Township to any other garage;
(5)
Solicit, demand or receive from any person any pay, commission, or emolument whatever, except the proper fee for transporting the disabled vehicle in accordance with the schedule of service rates listed in § 358-13;
(6)
Pay any gratuity, tip or emolument to any third person not involved
in the accident or to any police officer for information as to the
location of any accident or for soliciting the employment of the licensee's
services, nor give any gratuities, fees or other compensation or gifts
to any member of the Police Department;
(7)
No soliciting for vehicle repair shall be made by the licensee at
the scene of an accident or within 48 hours of the release of any
vehicle owner or operator from a hospital.
C.
Release of vehicles. Licensees shall only release vehicles towed
as a consequence of the licensee's performance under this chapter,
after receiving a written authorization from the Police Department
to release the vehicle.
A.
The licensee will indemnify and hold harmless the Township of Montville,
its officers and employees from and against any and all claims for
personal injury or property damage against the Township arising out
of any towing services or repair services under this chapter.
B.
The licensee will further defend the Township of Montville, its officers
and employees, at the licensee's expense, in connection with
any claim, demand, suit, or action brought against the Township and
arising out of the operation of any towing, garage services provided
under this chapter.
C.
The licensees agree that to the fullest extent permitted by law,
they shall defend, indemnify and hold harmless the Township from and
against any and all claims, suits, judgments and demands whatsoever,
including, without limitation, cost, litigation, expenses, counsel
fees and liabilities with respect to injury or death of any person
or persons whatsoever, or damage to property of any kind whomever
owned, arising out of or caused or claimed to have been caused in
whole or in part by the negligent acts or omissions of the licensee
or any person directly or indirectly employed by the licensee while
in the performance of rendering of any services pursuant to the scope
of this chapter.
A.
If a license is awarded, the bidder will be required to purchase
and maintain, during the term of the contract, comprehensive general
liability insurance, comprehensive automobile liability insurance,
and workers' compensation insurance with limits of not less than
those set forth below:
(1)
Comprehensive general liability insurance limit of liability shall
not be less than $500,000 combined single limits (bodily injury and
property damage) per occurrence and aggregate including premises operations
and products/completed operations.
(2)
Automobile liability insurance limit of liability shall not be less
than $1,000,000 combined single limits (bodily injury and property
damage) per occurrence.
(3)
Workers' compensation insurance statutory coverage including
liability coverage with a limit of at least $100,000 (where applicable).
(4)
Excess umbrella coverage in the amount of $1,000,000 combined single
limit.
B.
On all liability policies, the Township of Montville shall be named
as additional insured, and insurance certificates shall indicate such
coverage.
C.
All liability insurance policies will be endorsed to provide collision
coverage for automobiles in tow.
D.
The licensee shall provide the Township with certificates of insurance
evidencing the coverages required above. These certificates must be
provided before commencing work in connection with the licensee. Failure
to submit this with the bid shall subject said bid to immediate disqualification.
The licensee shall produce a certificate of insurance at the time
of license renewal as well as at the time of the insurance policy
renewal.
E.
Insurance coverage shall indemnify the Township of Montville, its
officers and employees, and the public against any loss due to injuries,
accidents or damages of any character whatsoever, where any such damage
is the result of act or omission of the licensee, his agents or employees
in or due to the execution of the work called for under the license.
F.
The certificates of insurance shall be issued by a company certified
to do business in New Jersey, and each policy so required must contain
an endorsement providing for 30 calendar days' written notice
to both the Township of Montville and licensee, to be delivered by
certified mail, receipt requested, of any intended cancellation, intention
not to renew, or revision or material change in such coverage.
G.
The providing of any insurance required herein shall not relieve
the licensee of any of the responsibilities or obligations assumed
by the licensee under this chapter or for which the bidder may be
liable by law or otherwise.
H.
Failure to provide and continue in force such insurance as required
above shall be deemed a material breach of the license and shall operate
as an immediate termination thereof.
I.
In the event that any policy is changed so as to fail to conform
to the above requirements or if any policy on any licensed wrecker
is canceled for any reason, the Chief of Police shall notify the person
responsible for the policy, and it shall be corrected or reinstated
or replaced with a conforming policy within the 10 days after the
notice is received and before the date of cancellation. If the policy
or certificate is not corrected, reinstated or replaced within 10
calendar days of the date of cancellation, the Chief of Police shall
immediately suspend the wrecker license and shall pick up from the
owner all indicia of licensing, including any stickers, cards, medallions
or other means of identification.
A.
The Chief of Police shall see that a record is maintained of the
regular response of wreckers to police calls.
B.
The Chief of Police shall see that a record is maintained of any
and all complaints from vehicle owners as to improper service or charges.
C.
The Chief of Police is hereby given the authority to promulgate rules
and regulations necessary to carry out the intent and purpose of this
chapter, subject to the approval by resolution of the governing body
of the Township of Montville.
D.
The Chief of Police is hereby given the authority to suspend or revoke
the right of any person or firm which is on the authorized list if
the person or firm violates any of the terms and conditions of this
chapter.
E.
Failure of the licensee to submit the required listing of towers,
including proof of ownership or lease or license, to be used during
the term of this license shall be sufficient cause for cancellation
of the license granted by the Township.
F.
The Police Chief shall maintain due diligence over all licensed towers
to see that they are kept in a condition of safety for the transportation
and hauling of disabled vehicles, and shall have the right at all
times to inspect all such licensed towers and shall maintain a record,
in writing, of the report of all such inspections. If, at any time,
the Police Chief shall deem the equipment inadequate or unsafe, he
shall have the power to demand immediate correction, and, if not corrected
to the full satisfaction of the Police Chief, he shall then have the
power to revoke or suspend the license as in the case he may deem
fit and proper, after a hearing is had upon the nature and circumstances
of the violation.
G.
The Police Chief is authorized and empowered to establish additional
regulations not inconsistent herewith, as may be necessary and reasonable,
governing the issuance of any license provided for in this chapter.
All regulations promulgated by the Police Chief shall be filed with
the Township Clerk.
H.
Whenever the Police Chief promulgates regulations, notice of said
promulgations shall be published in the official newspaper of the
Township. That publication shall state that a regulation has been
promulgated by the Police Chief of the Township of Montville pursuant
to the authority of the Montville Township tower chapter and state
specifically that a copy of the regulation is on file in the Montville
Township Municipal Clerk's office and, unless an emergency situation
arises, any such rule or regulation promulgated by the Chief of Police
shall not become effective until 10 days after the date of publication
in the newspaper.
I.
The licensee must make himself available during normal business hours,
or his designee authorized to act on his behalf, to handle complaints,
make adjustments and transact business communications.
J.
Documentation. Every licensee shall furnish, at its expense, the
owner of a disabled vehicle with a copy of towing and storage rates
as provided in this chapter. The regulations and fee schedules of
licensees shall be made available to the public during the normal
business hours of the municipality.
An applicant for a license under this chapter, as well as any
licensee, has the right to file an administrative appeal of any action
taken or ruling made by the Police Chief in the administration of
this chapter. The appeal must be filed in writing with the Township
Administrator within 10 calendar days of the Police Chief's decision.
A hearing is to be held within 15 days of the filing of the appeal
and a written ruling from the Township Administrator shall be the
final administrative decision rendered on any appeal filed pursuant
to this chapter.
The Township of Montville believes there will be occasions that require the licensee to provide services to Township-owned vehicles. The licensee shall charge the Township according to the service rates delineated in § 358-13 for performing these services. This municipal expenditure is subject to municipal budgeting law. The service shall include, but not be limited to, jump starts and change of flat tires of Township vehicles.
Only licensed towers of the Township of Montville are subject
to the terms of this chapter. When the owner or driver of a disabled
vehicle indicates a choice of a specific wrecker owner who is not
licensed by the Township pursuant to this chapter, that wrecker shall
be called to the scene at the discretion of the police officer on
the scene based on his/her consideration of the public safety and
the need to clear the scene. If any such wrecker is called to the
scene, this chapter does not apply to that wrecker's activities.
B.
Notwithstanding the above penalty provisions, it is expressly ordained that in addition to any fines, the following suspension and revocation schedule is to be applied to the licenses of the licensee, together with all associated wrecker licenses, found to have violated the provisions of this chapter by charging and collecting service rates in excess of those set forth in § 358-13.
