[HISTORY: Adopted by the Mayor and Council
of the Borough of Runnemede 4-1-2014 by Ord. No. 14-01; amended in its entirety 4-7-2020 by Ord. No. 20-05.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 106.
[1]
Editor’s Note: This ordinance also repealed former Ch.
375, Vehicles and Equipment, Abandoned, consisting of Art. I, Outdoor
Storage on Private Property, adopted 5-4-1965 by Ord. No. 190, amended
in its entirety 6-5-2001 by Ord. No. 01-06 (Ch. 107, Art. I, of the
1970 Code), as subsequently amended; Art. II, Abandoned Vehicles on
Public Property, adopted 6-5-2001 by Ord. No. 01-06 (Ch. 107, Art.
II, of the 1970 Code); and Art. III, Towing, Impoundment and Public
Sale of Abandoned Vehicles, adopted 2-6-1979 by Ord. No. 336 (Ch.
107, Art. III, of the 1970 Code), as amended.
The abandonment of a motor vehicle or any part thereof on any
highway in this Borough is unlawful and subject to the penalties set
forth herein. The abandonment of a motor vehicle or any part thereof
in the view of the general public anywhere in the Borough is unlawful,
except on the property of the owner or bailee, and such abandoned
motor vehicle or any part thereof may be authorized for removal by
or upon the order of the Chief of Police of the Police Department
of the Borough after a waiting period of 48 hours or more has expired.
This provision shall not be deemed to limit any other remedy of enforcement
provided by state statute or local ordinance.
A.
The purpose of this chapter is to establish the requirements and
procedures for the licensing of towing and storage services, which
is nondiscriminatory in the selection and use of towing operators
on a rotational basis, for the towing of abandoned, illegally parked,
or stolen vehicles or those involved in crashes, with the Borough
of Runnemede, including vehicles suspected of involvement in crimes,
and when otherwise requested by the Police Department of the Borough
of Runnemede.
B.
ABANDONED VEHICLE
ADMINISTRATION CHARGES
MILEAGE CHARGES
STORAGE
VEHICLE ACCESS CHARGE
VEHICLE REMOVAL CHARGE (LOT REMOVAL)
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein:
Any motor vehicle which has remained on or along a highway
or other public property without consent for a period of more than
48 hours or for any period without current license plates. Vehicles
used or to be used in construction, operation or maintenance of public
utility facilities which are left in a manner which does not interfere
with the normal movement of traffic shall not be considered abandoned
vehicles for the purpose of this chapter.
Charges for services, including but not limited to physical
inspection, telephone and/or fax calls, electronic communication,
the copying of documentation, removal of personal items and additional
office paperwork before and at the time of release.
Are calculated on a portal-to-portal basis, which consists
of the following examples: towing company dispatched from towing facility
to destination of tow, tows or transports motor vehicle from point
of pickup back to destination point at a towing company protected
storage facility, a motor vehicle is towed from a point of pickup
to another destination other than the towing company facility, for
example, vehicle owner residence, mechanical repair facility, auto
body repair facility or any other destination, mileage accrual at
arrival back to a point of dispatch (towing company facility).
"Storage charges for twenty-four-hour period" means the maximum
allowable amount to be charged by a storage facility for a twenty-four-hour
period or fraction thereof. A new twenty-four-hour period begins at
12:01 a.m. Storage is charged on a per-calendar-day or any part thereof.
Owner and/or insurance representative must be accompanied
into the secured storage yard facility to inspect, remove personal
belongings, adjust and take photographs. Documentation such as a driver's
license of vehicle owner or business card of the insurance representative
must be photocopied and time stamped when this additional auxiliary
service is performed.
Charge for motor vehicle towed into the storage facility
of the primary tower that is not moveable and must be towed out the
primary tower's storage facility to a designated unsecured staging
area for towing by a secondary tower.
A.
The Borough Council of the Borough of Runnemede shall determine,
at the first meeting of each year, the towing agency or agencies (Class
I and II) which qualify to be called by the Division of Police, pursuant
to the terms of this chapter. The Borough Council may select one or
two tow agencies for each class and may select the same agency or
agencies for both classes. Qualified towers which wish to be considered
shall complete and application and provide all the requisite documents
to the Borough Clerk between October 1 and October 31 of each year
beginning the first year after the initial year of effectiveness of
this chapter. If any application is deemed insufficient by the submission
date (October 31), the application shall not be considered for the
upcoming year. As an alternative to the designation of a single tow
agency, the Borough Council may decide to maintain and alternating
list (of not more than two) of successful applicants which may be
called for Borough Council. Any applicants not receiving approval
from the Council shall be notified in writing that they have not been
selected within 14 business days.
B.
The process for the calendar year shall be that within 10 days after
the effective date of this chapter, information shall be posted for
the acceptance of applications for and by towing agencies. There will
be a fourteen-day period within which the tow agencies may submit
their application. Subsequent thereto, after the investigation of
the applicants and the report of those investigations being forwarded
to Borough Council, at the next Council action meeting, the Council
shall determine which entity or entities shall be approved tow agencies
for the Borough.
C.
Determination by Council shall be based on various factors which
shall include but not be limited to the adequacy of equipment, the
adequacy of the facilities, experience in the field and references,
sufficiency of personnel and the balance of items that are addressed
in the selection of the ordinance entitled "Review of application;
investigation of applicants."[1]
A.
No person, firm or corporation, while acting as the official tow
service for the Borough of Runnemede, shall operate a wrecker or towing
service, upon or along any street in the Borough, until the owner
thereof has received approval from the Borough Council and entered
into an appropriate contract therefore.
B.
The application process to perform towing services will begin on
October 1 of the prior year. Applications for operators wishing to
perform towing services shall be filed with the Borough Clerk not
later than October 31 of the prior year, unless the notice of availability
of such application has been delayed, and shall include the following
information:
(1)
The name, business address and telephone number of the applicant.
If the application is made on behalf of a corporation, it shall state
the name and address of the officers and directors thereof and the
name and address of its registered agent, including a listing of the
names and addresses of every stockholder holding more than 10% of
the stock in the corporation.
(2)
The year, make, type and model number of each wrecker or tow truck
used in said business, its serial number, registration number and
the name and address of the registered owner and any lien holder thereon.
(3)
The address where the wrecker or tow truck or trucks are regularly
garaged, the telephone number or numbers and the names, addresses
and New Jersey driver's license numbers of all employee drivers
of the vehicles identified.
(4)
The location, size and security features of the storage lot or space
in which towed vehicles will be stored, including the number of vehicle
spaces available according to the site plan.
(5)
The name and address of the operator's insurance carrier(s)
and the policy numbers of all insurance policies issued for the business,
the business premises and the vehicles the operator will use for towing.
(6)
A copy of the current fee schedule for towing and storage services.
(7)
A certification that towing and storage services and fees will be
available in compliance with this chapter.
(8)
A certification granting permission to the Borough of Runnemede Police
Department to conduct inspections of the wreckers, tow trucks and
storage facility for the purpose of determining compliance with this
chapter.
(9)
Such other information as the Borough shall deem appropriate and
necessary.
(10)
Applicants must understand that they must be able to respond
and be present at the towing location within 20 minutes of the receipt
of notice of the towing, unless heavy or unusual traffic conditions
prevent the operator from arriving within such period.
(11)
Tower(s) wishing to apply for appointment will be required to
complete the application process, which will include a $500 fee submitted
to the Borough. The application to perform towing services shall be
accompanied by the fee payable to the Borough of Runnemede in the
form of a cashier's check, certified check, or money order to
defray the costs of motor vehicle, criminal, and other investigations
by the Police Department. For the second and third years of services
contract, $250 fee shall be paid on or before January 1 of that year
to defray the costs of updating investigations by the Police Department.
C.
The application shall be for a term of three years.
A.
Upon receipt of all completed applications or renewals, the Chief
of Police shall conduct or cause to be conducted such investigation
as he deems necessary to determine the truth and accuracy of the information
contained in the application and the applicant's compliance with
this chapter, including the motor vehicle and criminal record of the
applicant and all employees. The applicant may be refused if such
investigation reveals the following:
(1)
Conviction of any crime or misdemeanor involving arson and/or other
burnings; atrocious assault and battery; breaking and entering; bribery
and corruption; burglary; embezzlement, conspiracy, conversion and
misappropriation of funds; extortion; larceny; loan sharking; possession
or use of a controlled dangerous substance; and other crimes involving
moral turpitude.
(2)
All owners and officers of the company or corporation must be fingerprinted.
Once fingerprinting has been completed, the report is to be given
to the Runnemede Police Department.
(3)
Disqualification for criminal convictions unless waived for cause.
(4)
Accuracy of application information.
(5)
Sufficient personnel to staff the equipment and facility.
(6)
Required state/Borough licenses.
(7)
Service on a twenty-four-hour basis, seven days a week.
(8)
Storage:
(a)
Capacity must be approved for at least 60 vehicles.
(b)
Contractor responsible for safe storage.
(c)
Area location to facilitate reasonable towing distances.
(d)
Area enclosed by a sturdy fence with minimum height.
(e)
Area to be lighted from dusk till dawn.
(f)
Area legally zoned for such use.
(g)
Proof of ownership or lease of the storage area.
(h)
Facility available 24 hours a day, 365 days per year and open
to the public on weekdays during normal business hours and limited
hours on Saturdays and Sundays.
(i)
Area allowing access by Police Department officers at all times
in order to conduct investigations and to ensure compliance with this
chapter.
(j)
No release fees charges for releasing vehicles after normal
business hours.
(k)
Storage facility within a five-mile radius of the Police Administration
Building.
B.
The Chief of Police shall, following review of the application, provide
the results of such review to the Borough Council within 30 days of
completion of the motor vehicle and criminal records checks. Any application
disapproved as a result of this process shall be notified in writing.
A.
The authority or the operator to act as a tower shall be issued by the Borough Clerk upon approval by the Borough Council and upon submission of proof of insurance required by § 375-4, and the execution of a signed contract.
B.
Said request for approval shall be submitted during the last weeks
of December of the prior year by the Borough Clerk to be considered
for approval services to perform on or about January 1 of the following
year.
C.
All approvals issued pursuant to this chapter shall expire and the
end of the three-year term for which approval has been granted.
D.
Renewal of the approval shall include certification as to any changes
in the information set forth in the original application and shall
be filed at least not less than 45 days prior to the expiration of
the current year.
E.
All approvals under this chapter are nontransferable.
F.
The regulations and fee schedules of individual towers shall be made
available to the public during normal business hours of the municipality.
G.
Full compliance with the local public contracts law section pertaining
to towing contracts.
A.
Approvals under this chapter may be revoked by the Borough Council,
after reasonable notice and hearing, for any of the following reasons:
(1)
Materially false or inaccurate information in the application or
a change in circumstances, which would have caused disapproval of
the application if the circumstances had existed at the time of application.
(2)
Failure of the operators to comply with any of the requirements of
this chapter, violation of any additional regulations promulgated
by the Borough Council and/or conviction of any state, federal or
local law related to motor vehicle operation.
B.
Any applicant aggrieved by the action of the Chief of Police and/or
his designee and/or Borough Council, in the denial of the application
to provide towing services or revocation thereof, may appeal to the
governing body of the Borough of Runnemede. Such appeal shall commence
by filing with the Borough Clerk, within 14 calendar years after notice
of the action complained of, a written request for a hearing, setting
forth the grounds for the appeal. The governing body will set a time
and place for the hearing on such appeal and notice shall be served
upon the applicant, at least five days prior to the hearing.
A.
No tower shall be called until he/she has provided the Chief of Police
and Borough Clerk with proof of insurance, as per the following schedule;
said proof shall be reviewed by the Borough insurance broker as to
acceptability of the companies and coverage.
B.
Types of insurance and minimum policy limits are as follows:
(1)
Automobile liability in an amount not less than $1,000,000 combined
single limits.
(2)
Workers' compensation as required by law.
(3)
Tower's liability in an amount not less than $100,000 per location.
(4)
Tower's liability in an amount not less than $1,000,000 combined
single limit.
(5)
Miscellaneous coverage to provide complete protections to the Borough
against any and all risks or loss or liability, including comprehensive
general liability.
(6)
Collision coverage for vehicles in tow. Comprehensive, general liability
insurance, in an amount of not less than $1,000,000 for personal injuries,
per occurrence, and $1,000,000 for property damage, per occurrence,
including premises operations and products/completed operations.
(7)
All policies of insurance shall contain an endorsement providing
for collision coverage for vehicles in tow and the name of the Borough
of Runnemede as an additional insured.
(8)
All policies of insurance shall contain an endorsement requiring
that at least 10 days' notice shall be given to the Borough Clerk
in the event of any material change in or cancellation of the policy.
(9)
The tower shall indemnify, hold harmless the Borough for any and
all claims against the Borough arising out of the operation of the
wrecker, his servants, agents or employees under this chapter. The
tower shall provide a written hold harmless agreement, duly executed
to the Borough, prior to be being placed on the towing schedule.
In the event that the Borough has determined to name more than
one tow agency, there shall then be created an alternating list. In
that instance, the following shall occur:
A.
The Chief of Police shall maintain an alternate call list of approved
operators to respond to service calls from the Police Department.
B.
The alternating list shall be determined and compromised from a list
of all approved operators for the next succeeding calendar year having
been approved to provide towing services and having submitted in each
category an application in accordance with this section. Any entities
or persons who have been approved to provide towing services after
November 1 shall not be included on the alternating list for the following
calendar year. An operator may be on both lists.
C.
Calls to operators on the alternating call list shall be made on
a nondiscriminatory, alternating basis, pursuant to the procedures
established by the Chief of Police.
D.
Any operator who does not wish to be placed on the alternating list
must notify the Chief of Police in writing or in the operator's
towing services application. In such event, the operator shall be
removed from the alternate call list for the remaining term of the
year-of which the towing services were to be provided.
The Borough Council, in consultation with the Chief of Police,
may adopt and enforce reasonable rules and regulations for towers.
The Chief of Police is hereby designated as the Borough Officer responsible
for the enforcement of the provisions of this chapter, in accordance
with due process of law.
Any tower called to tow a vehicle at the request of the Police
Department shall charge no more than the maximum fee set forth N.J.A.C.
11:3-38.1 et seq.[1] These maximum fees apply to all towing and storage requests
initiated by the Borough, including but not limited to requests due
to motor vehicle crashes or stolen vehicles as contemplated by N.J.A.C.
11:3-38.1. The maximum daily storage charge applies to the entire
period of time the vehicle is stored subsequent to a tow requested
by the Borough. Towing rates are subject to change in July of each
year.
[1]
Editor's Note: N.J.A.C. 11:3-38 is reserved.
A.
The maximum charges, fees and rates for Class I vehicles to be towed
and stored shall be as follows:
(1)
Flatbed and towing service pursuant to this chapter, which will include
all routine towing/winching, labor and cleanup costs associated with
the removal of the vehicle:
(a)
Any towing service requested for Class I vehicles up to 9,500
GVW, including all-terrain vehicles, motorcycles, motor scooters,
mopeds and trucks: $175 daytime rate, Monday through Friday 8:00 a.m.
to 5:00 p.m., and $200 nights, weekends and holidays.
(2)
Mileage. All vehicles towed from a scene shall not be charged for
the first mile, but each subsequent mile will be charged $3 per mile.
(5)
Additional laborer. In the event of a major event or recovery, additional
manpower may be necessitated. In the event, the additional manpower
will be charged at a rate of $100 per hour.
(6)
Oil Dri used during the cleanup process shall be charged at $25 per
bag used.
(7)
Crash wrap used shall be charged at $30 per window.
(8)
Specialized equipment. In cases where the tower must hire laborers
or rent or utilize specialized equipment not specified in this chapter,
all reasonable charges therefore shall be paid by the owner of the
vehicle or his agent has given his prior written consent thereto,
except where said vehicle is deemed a hazard or health or safety,
whereupon said vehicle will be removed by the direction of the Chief
of Police or his designee, with the owner then being responsible for
all personnel, equipment and labor costs. The Chief of Police or his
designee shall determine the necessity for specialized equipment.
(9)
Unloading of goods. In the event that it is necessary to unload a
vehicle, which has been used for transportation of goods prior to
towing, and agreement shall be reached between the tower and the owner
of the vehicle or the owner's agent or representative as to the
charge for said service. No written agreement is necessary in an emergency
situation, and the Chief of Police or his designee shall determine
when an emergency exists.
B.
The maximum charges, fees and rates for Class Ia and Class II vehicles
to be towed and stored shall be as follows:
(1)
Heavy- and medium-duty service:
(a)
Heavy-duty hydraulic wrecker with underreach wheel lift service,
special equipment: $750 per hour, two hours minimum.
(b)
Heavy-duty hydraulic wrecker without underreach: $300 per hour,
two hours minimum.
(c)
Heavy-duty mechanical wrecker: $250 per hour, two hours minimum.
(d)
Heavy-duty wrecker with winching (basic): $300 per hour, two
hours minimum.
(e)
Medium-duty wrecker: $300 per hour, two hours minimum.
(f)
Medium flatbed: $200 per hour, two hours minimum.
(g)
Medium-duty wrecker with winching (basic): $300 per hour, two
hours minimum.
(2)
Road service heavy duty, plus parts and fuel: $100 per man hour with
a one-hour minimum.
(3)
Labor rate per man, heavy duty: $100 per man hour with a one-hour
minimum.
(4)
Breakdown: $100 per man hour with a one-hour minimum.
(5)
Accident: $100 per man hour with a one-hour minimum.
(6)
Winching, basic winch: $150 per hour plus $5 per foot of cable.
(7)
Uprighting and major recovery: $250. Additional hourly rates may
apply: two-hour minimum.
(8)
Road cleanup: $100 per man hour with a one-hour minimum.
(9)
Bed cleanup: $100 per man hour with a one-hour minimum.
(10)
Material charge (Oil Dri, oil absorbers): $25 per bag.
(13)
Admin fee: $35.
(14)
Rollovers:
(a)
Equipment and manpower:
[1]
Crane/rotator with operator: $3,500 per hour portal to portal.
[2]
Heavy-duty, thirty-five-ton hydraulic wrecker with operator:
$750.
[3]
Heavy-duty, twenty-five-ton hydraulic wrecker with operator:
$450.
[4]
Medium-duty hydraulic wrecker with operator: $400.
[5]
Heavy-duty rollback with operator: $285.
[6]
Bobcat forklift with operator: $285.
[7]
Tractor trailer box unit with operator: $350.
[8]
Tractor trailer lowboy unit with operator: $750.
[9]
Extra man, straight time. $100.
[10]
Recovery specialists: $250 per hour (minimum of
two hours).
(b)
Extra equipment and material required: to be charged on an as-needed
basis at fair market price.
A.
Every tower called by the Police Department shall keep a record of
the vehicle along with vehicle registration and VIN number. The owner
of said vehicle which has been towed pursuant to this section shall
be permitted by the towing agency to recover items of personal property
in the vehicle at the time it was towed. The owner shall not be permitted
to remove from the vehicle any internal part from the vehicle, whether
attached to the vehicle or not, including, but not limited to batteries,
tires and license plates.
B.
No charge shall be made to the Borough by the towing agency for towing
to its police fleet and the changing of flat tires. The changing of
flat tires will be handled by Public Works during normal working hours.
Also, no charge shall be made to the Borough for vehicles determined
to be involved in a criminal investigation. The owner/operator shall
be responsible for paying all fees associated with the removal and
storage of the involved vehicle. All fees must be paid prior to the
vehicle being released by the Police Department.
A.
Minimum standards.
(1)
All operators shall provide and maintain sufficient equipment to
perform the duties under this chapter.
(2)
All operators on the list and all towers utilized shall comply with
and conform to the following standards and procedures:
(a)
Operators shall, at all times, employ a sufficient number of
employees to comply with the operational requirements.
(b)
All drivers of the operator shall be over the age of 18 years
and must have a valid, current New Jersey State driver's license
and shall be in good health and of high moral character.
(c)
All employees shall be clean, neat, and make a good appearance.
All employees of the operator will be required to wear in a place
where visible driver's license photo IDs issued by the N.J. Motor
Vehicle Commission.
(d)
The operator shall be responsible for the towing of vehicles,
from all streets, alleys, public easements, thoroughfares, public
or quasipublic places, including parks, playgrounds, including rivers,
lakes and streams.
(e)
In all underwater recoveries of a nonemergent nature (threats
to life or public safety), it shall be the responsibility of the operator
to be either certified or assisted by a New Jersey certified underwater
specialists for the proper towing of such vehicles.
(f)
The operator shall respond promptly to all requests for towing
services by the Borough. In any event, the operator shall respond
and be present at the towing location within 20 minutes of receipt
of notice of towing, unless heavy or unusual traffic conditions prevent
the operator from arriving within such period. In that event, the
operator will be given 10 additional minutes to arrive. If the operator
fails to arrive promptly, the police may call the next operator on
the alternating list.
(g)
The operator shall have the right to utilize another tower of
their choice to perform towing services, if the operator believes
his equipment is inadequate or insufficient to accomplish the towing.
In the event that another operator assists or performs the towing,
the fees shall be those specified in this chapter.
(h)
The operator shall prepare a bill for towing charges, for each
vehicle towed, consistent with this chapter. Prior to the release
of any vehicle, the owner shall contact the Runnemede Borough Police
Department, for authorization to release said vehicle.
(i)
The operator will maintain a written log of all towing services
performed in the Borough, through the use of wrecker request forms,
filled out by the responding police officer.
B.
Required towing equipment.
(1)
One standards tow truck with underreach capabilities and one flatbed
owned or leased, with:
(a)
Three-eighths-inch chain.
(b)
Detached list chain and safety chain.
(c)
The vehicle to be used for towing has been properly licensed
and inspected, when applicable, by the State of New Jersey and has
the necessary stickers affixed or required insurance cab decals. No
vehicle shall be licensed as a wrecker which is using dealer license
plates or which has failed inspection.
(d)
That the towing service vehicle is equipped with granular absorbent
(Oil Dri or its equivalent) in a minimum amount equal to two forty-pound
bags.
(e)
Fluid spills. Spills resulting from motor vehicle crashes that
are less than five gallons in volume or covering an area less than
10 feet by 10 feet will be mitigated by the towing agency. The tow
agency shall be responsible for the proper disposal of any materials
used in the cleanup of the vehicle fluids.
(f)
While at the scene, any employee of the towing agency shall
wear a safety vest or its equivalent bearing reflectorized material
at nighttime and for daytime an orange vest, shirt or jacket.
(g)
The tow agency shall submit to the Borough the names and addresses
of all proposed drivers and employees who will be rendering service
under this contract on behalf of the tow agency. This information
will be kept current with the Chief of Police by the tower.
(h)
The service equipment and personnel are subject to periodic
inspections and approval by the Borough. The Borough reserves the
right to have a qualified person or agency make such inspections.
(i)
All wreckers and flatbeds shall be maintained in good condition,
to include compliance with all regulations of the New Jersey Revised
Statutes Title 39 and be available 24 hours a day when on call.
(2)
Proof of ownership or lease by the applicant of the required towing
equipment must be submitted with the initial application. The same
vehicle may not be used by more than one approved towing contractor.
(3)
The tower is not permitted to subcontract for towing services.
C.
Additional requirements.
(1)
The tow agency's principal business must be staffed during business
hours and Saturdays 9:00 a.m. to 12:00 noon. The agency shall maintain
a clean and comfortable waiting room and toilet facilities.
(2)
The tow agency shall not use answering machines or pagers to receive
calls from the Police Department. Cell phones may be utilized, but
only with the approval of the Police Department.
(3)
The tow agency shall notify the Police Department when unable to
respond to a call or when unable to meet the response time requirement.
(4)
The tow agency must post in a conspicuous manner a copy of the approved
fee schedule. The tow agency shall notify the Police Department concerning
any charges in employee status, including additions/deletions.
A.
Any vehicle with a GVW of 26,001 pounds will be considered a heavy-duty vehicle. Any officer on the scene shall determine the immediate need/requirement for a heavy-duty wrecker. The officer will make notification to the next heavy-duty towing agency (HDTA) in the on-call rotation. The HDTA shall remove the vehicle and store it on its property, which may be located out of the Borough. The HDTA shall comply with all the rules and regulations established in this chapter. Prior to being selected as a HDTA, the HDTA will provide all of the required documents of a tow agency applicant as stated in § 375-13.
B.
The HDTA shall have at least one wrecker capable of righting, winching
and towing vehicles up to 80,000 pounds. The wreckers shall have the
underreach capability of at least 35,000 pounds and a boom capability
of 50,000 pounds. The HDTA shall respond to the scene within 30 minutes
of a receipt of a call. If the HDTA does not respond within the required
time limit, then the Police Department shall notify the next HDTA
on the alternating list to respond to the scene.
Prior to the issuance of any contract, the Chief of Police or
his designee shall conduct an inspection of the storage facility and
towing equipment to verify compliance with this chapter.
All complaints regarding services rendered pursuant to this
chapter shall be forwarded immediately in writing to the Chief of
Police. The Chief of Police shall conduct an extensive review of any
and all complaints, including but not limited to conducting an interview
of all parties participating in said incident. Upon completion of
a thorough review, the Chief of Police shall forward a written report
to the Mayor, Borough Council and all interested parties as to his/her
findings. Upon a finding of any violation, the Chief of Police may
recommend a suspension or removal from the tow list or any such other
action that may be warranted based upon the facts. An applicant on
the list may not be suspended or removed from the list unless it has
been advised of its right to a hearing before the Borough Council.
A.
Each tower shall be deemed to have taken possession of motor vehicles
towed in accordance with this chapter, other than abandoned motor
vehicles towed at the request of the Chief of Police or his designee,
under the provisions of N.J.S.A. 39:10A-1 and 39:5-56.5.
B.
It shall be the responsibility of the police to notify the registered
owner, or any person having a legal interest therein, within 10 days
of having towed said vehicle or rendered any other service thereto,
of the location of the vehicle, the service rendered by the tower.
C.
Upon the expiration of 60 days after the time to collect the motor vehicles as set forth in Subsection B has expired, the tower shall either sell the vehicle after a public auction in a private sale or cause a title certificate to be issued for the motor vehicle in accordance with the laws of the State of New Jersey, specifically N.J.S.A. 10A-8 et seq., a copy of said title to be kept by the applicant.
D.
Any notification required in this chapter shall be in writing, sent
by certified or registered mail, return receipt requested, to the
last known address of the person to whom the notice is to be given.
E.
Upon the request by the tower, the Runnemede Borough Police Department
shall perform all searches with the Division of Motor Vehicles to
determine ownership and the last known address of the title owner
to the vehicle in question. All administration fees and auction fees
will be paid by the Borough.
F.
At any time prior to the sale of the motor vehicle or issuance of
a title certificate therefore, the owner of the motor vehicle may
reclaim possession of the motor vehicle from the tower upon payment
of the towing services as set forth herein and the expense of storage
of the motor vehicle.
A.
Any disputes over the interpretation of this chapter, including the
reasonableness of any fees assessed, shall be settled amicably, if
possible through negotiations between the tower, the Police Department
and the Borough Administrator.
B.
In cases where the Borough has been at fault in wrongfully directing
that a vehicle be towed, the tower may petition the Borough Administrator
for reimbursement of costs incurred in the towing and storage of said
vehicle.
Any vehicle found abandoned and removed by a licensed operator,
and unclaimed by the owner may be subject to sale at public auction,
pursuant to N.J.S.A. 39:10A-1 et seq. The licensed operator shall
notify the Chief of Police of the make, model and vehicle identification
number of any towed vehicle held in storage which remains unclaimed
for 30 days or more. Any and all costs associated with the advertising,
sale or issuance of a new or replacement title or otherwise for any
vehicle to be sold at public auction pursuant to N.J.S.A. 39:10A-1
et seq. shall be the sole and exclusive responsibility of the licensed
tower under this Code section.
