[HISTORY: Adopted by the City Council of
the City of Pleasantville 8-4-2003 by Ord. No. 25-2003.[1] Amendments noted where applicable.]
The purpose for this chapter is to establish
regulations pertaining to the towing and storage of vehicles to the
City Tow Lot at the request of the City of Pleasantville Police Department
or any other City Department that has the legal authority to order
a vehicle to be towed. This chapter is established pursuant to N.J.S.A.40:48-2.9
and N.J.S.A. 40A:11-5(1)(u). This chapter also establishes regulations
for the towing of vehicles from private parking lots and other private
property at the request of the property owners and which vehicles
are then stored in storage facilities other than the City Tow Lot.
This City employee authorized to enforce the
regulations contained herein shall be the Chief of the Pleasantville
Police Department. The Chief is authorized to delegate this authority
to a subordinate officer(s) and is also authorized to promulgate procedures
and rules consistent with and necessary to the effectuate the provisions
of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A licensed towing operator that has been approved by the
Police Department to provide towing services on behalf of the City.
The City of Pleasantville.[1]
A towing operator that has complied with all provisions of
this article and whose name appears on the list of licensed towing
operators maintained by the Clerk of the City of Pleasantville.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility or to
any other location. This shall include occurrences of vandalism, fire,
comprehensive claims and accidents caused by drunk drivers.
Any person who is in actual physical control of an automobile,
truck or motor vehicle.
The list containing the names, addresses, phone numbers,
and other pertinent information of the licensed towing operators who
have made application and been approved to tow the vehicles at the
direction of the City of Pleasantville Police Department and/or other
authorized City representative.
[Amended 7-7-2014 by Ord. No. 14-2014]
The providing of transportation of automobiles, trucks or
motor vehicles that, as a result of accident, collision, breakdown,
abandonment or otherwise, are unable to be moved under their own power.
A motor vehicle specifically designed, constructed, used
or maintained for the safe transportation of automobiles, trucks or
motor vehicles.
Any towing firm, individual or company who is in the business
of towing vehicles from public or private property in an agreement
or contract with the owner or operator of a private lot, facility
or property. This definition includes towers who tow vehicles at the
request of the vehicle’s owner, such as a service station, garage
or other like tower.
Any motorized vehicle which can only be operated by a licensed
operator or which must be registered with a governmental agency that
promulgates regulations for such vehicles.
[1]
Editor's Note: The former definition of "City tow lot," which
immediately followed this definition, was repealed 7-7-2014 by Ord.
No. 14-2014.
A.
Each tower shall maintain a valid mercantile license,
which shall be prominently displayed at their storage lot or facility.
B.
A copy of the mercantile license shall be kept in
the tow vehicle at all times and must be presented upon demand.
C.
No mercantile license shall be issued until the following
conditions have been met: certificates of insurance showing public
liability insurance in the amount of $1,000,000 and property damage
insurance in the amount of $1,000,000.
Mercantile license fees shall be as follows:
A.
Licensed towing company/operator: $75. (This fee is
subject to change by resolution of City Council).
A.
All private towers shall be required to maintain a
storage lot or facility for all vehicles towed, which shall be located
within seven miles of the boundaries of the City of Pleasantville.
C.
Each storage facility shall be staffed by a responsible
person 24 hours every day while vehicles are being stored or have
a responsible person on call.
D.
Each tower shall be responsible for towing damages
while providing towing services.
E.
After a vehicle has been stored at a towing storage
facility for a period of seven days, the tower may tow the vehicle
to another facility in Atlantic County, provided that the Pleasantville
Police Department has been notified as to the date and time of the
removal and to what location the vehicle is being moved.
F.
It shall be the responsibility of the tower, after
at least 48 hours from the time that a vehicle has been impounded,
to send a written request to the Division of Motor Vehicles in the
state where the vehicle is registered for a certified copy of the
registration for the motor vehicle which has been towed.
G.
Within 48 hours after this information has been received
from the Division of Motor Vehicles, it is the responsibility of the
tower to notify the vehicle owner of the circumstances surrounding
the towing and the charges and fees incurred. The fee for the inquiry
to the Division of Motor Vehicles may be added to the fees and charges
already outstanding for the initial towing and storage.
H.
The licensed towing operator shall maintain his business
operation at the same location as the compound and maintain his business
office at the compound.
I.
The licensed towing operator shall, on the first day
of each month, provide, in writing, to the Clerk and Police Chief
of Pleasantville that month’s list of all passenger automobiles,
trucks and motor vehicles in the possession of the licensed towing
operator over the course of the previous month. Said list shall state
the make and model of the passenger automobile, truck and motor vehicle,
the year of the same, the registration number of the motor vehicle,
the vehicle identification number and a detailed list of all charges
and expenses relating to said passenger automobile, truck and motor
vehicle, and the date the vehicle was towed.
A.
Warning signs shall be sized in accordance with the
following: The size of warning signs shall be a minimum two feet by
three feet and six square feet in area and a maximum three feet by
five feet and 15 square feet in area.
B.
Warning signs shall be conspicuously located to be
visible to any entrance to any parking lot and shall contain the following
information:
C.
A minimum of two signs as herein described shall be
provided in each private parking lot from which towing will be done.
A.
Each vehicle to be towed must be inspected by the
tower prior to towing for existing damage and a towed vehicle report
filled out before the vehicle is removed from its place. The report
shall describe the existing damage to the vehicle and one copy shall
be kept by the tower, and the original shall be kept by the Pleasantville
Police Department for inspection by any interested party.
B.
No vehicle shall be removed from its original place
by any tower until it has been established by the Police Department
that said vehicle is not a stolen vehicle or one which has been used
in the commission of a crime.
(1)
Should a vehicle be found to be stolen or wanted in
connection with the commission of any crime, The vehicle shall only
be towed to the City Tow Lot.
(2)
Should the NCIC/SCIC computers be down, the Police
Department shall authorize the towing of the vehicle and again check
with NCIC/SCIC within 24 hours. If the vehicle is found to be stolen
or otherwise wanted, the tower shall surrender the vehicle to the
care, custody and control of the Pleasantville Police Department at
no charge.
C.
No vehicle shall be hooked, lifted or moved by a tower
without the authorization of the Pleasantville Police Department.
Fees and charges for towing, storage and mileage
for all vehicles are as follows:
A.
If the vehicle has not been lifted prior to the owner’s
return to the private parking lot, whether it is hooked up or not,
it is to be released by the tower at no charge.
B.
If the vehicle has been lifted but not removed from
the private lot prior to the owner’s return to the lot, a fee
of not more than 20% of the authorized towing service fee, as indicated
on the warning signs for the lot, may be imposed for the release of
said vehicle.
C.
Any vehicle which has been towed from the private
parking lot, regardless of how far, before the owner’s arrival
may be assessed the full amount of the authorized towing fee.
D.
Maximum fee.
[Amended 2-18-2009 by Ord. No. 1-2009; 5-5-2014 by Ord. No. 9-2014]
(1)
The maximum fee which can be charged for the towing
of any vehicle from off of private property and the City rotary towing
list shall be as follows:
|
Service
|
Maximum Fee
| |
|---|---|---|
|
Towing of all vehicles under 6,000 pounds with
trailer GVW
|
$125
| |
|
Towing of all vehicles weighing over 6,001 pounds
up to 9,999 pounds GVW
|
$135
| |
|
Towing of all vehicles weighing over 10,000
pounds up to 32,000 pounds GVW
|
$250
| |
|
Towing of all vehicles weighing over 32,001
pounds and up
|
Shall be billed at reasonable prevailing rates
| |
|
Winching of vehicles
|
$100
| |
|
Uprighting of vehicles
|
$100
| |
|
Excessive cleanup
|
$35
| |
|
Additional truck with driver (This fee shall
only apply if the vehicle requires more than one tow operator to tow
that specific vehicle.)
|
$50
| |
|
Service calls during regular business hours,
8:00 a.m. to 5:00 p.m.
|
$25
| |
|
Service calls after hours, Sundays and Holidays
|
$40
| |
|
Service calls for flat tire, remove tire and
replace with serviceable spare tire, add to above rate
|
$15
| |
|
Vehicle storage, inside or outside, per day
|
$50
| |
|
Flat bed or dollies
|
$50
|
(2)
Vehicles will be released during normal business hours
only.
E.
Payment of fees and charges provided in this immediate
section may be made in cash or by major credit card.
F.
STANDARD CLEANUP
WINCHING OF VEHICLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Added 2-18-2009 by Ord. No. 1-2009]
Any cleanup that includes the use of oil dry, cleanup of
glass and/or car/vehicle parts that are in the accident/crash area,
including point of impact. Any cleanup that does not fall within these
parameters shall be considered an excessive cleanup.
This service fee does not apply if the vehicle has to be
pulled onto the flatbed during a normal tow. This will apply if it
is used to but not limited to pulling a vehicle out of a ditch, etc.
A.
The towing operator shall submit a written list to
the Chief of Police indicating which vehicles have been held for 30
days or more, as delineated by N.J.S.A. 39:10-1 et seq.
B.
The Chief of Police or his designate will physically
examine the vehicle documenting pertinent information, assigning the
same a control number and applying for auctionable title through the
state.
[Amended 7-7-2014 by Ord. No. 14-2014]
The City of Pleasantville does not possess a
City-owned tow lot. The licensed towing operator shall store the vehicle
at their motor vehicle facility and compound. The City of Pleasantville
Police Department shall keep a record of all vehicles towed at its
direction and the location of the vehicle towed.
Towing operators licensed pursuant to this article
agree to provide the following towing services to the City of Pleasantville
in the following manner:
A.
The towing of passenger automobiles, trucks and motor
vehicles from accident scenes, including cleaning and removal of debris
from the scene of the accident, as well as any necessary waiting time.
B.
The provision of winching services and dolly-wheel
services at scenes of accidents.
C.
The provision of a flatbed truck for vehicles that
cannot be towed in an ordinary fashion.
D.
The towing and impounding for police investigation
purposes of any passenger automobile, truck or motor vehicle at the
direction of the Chief of Police.
E.
The towing of any automobiles, trucks or motor vehicles
that are recovered after being stolen.
F.
The licensed towing operator shall make available
for service to the City of Pleasantville at least two trucks having
two-way communication equipment on a twenty-four-hour call.
G.
The licensed towing operator shall provide tow trucks
capable of handling the transporting of heavy passenger automobiles
and equipped to provide appropriate towing service and road service.
H.
Licensed towing operators shall equip their tow trucks
to provide the following.
I.
The tow trucks provided by the licensed towing operator
shall comply at all times with the statutes and regulations of the
State of New Jersey and be subject to inspection by the Chief of Police
of the City of Pleasantville.
J.
The storage of any abandoned, wrecked or disabled
passenger automobile, truck or any motor vehicle that might be towed
by the towing operator pursuant to this article.
[Added 2-18-2009 by Ord. No. 1-2009]
K.
The licensed towing operator agrees that no rate or
fees for towing service, road service or any other service shall be
charged in excess of the maximum rates and fees set forth hereinafter
in this article.
[Added 2-18-2009 by Ord. No. 1-2009]
A.
The Police Department shall establish an approved
list of towing operators that will be permitted to tow vehicles to
the City Tow Lot. Tow operators shall be chosen to conduct the towing
operations specified in this chapter on a rotating nondiscriminatory
basis. No tow operator may be listed more than one time on the list.
No tow operator may lease, rent or otherwise allow another tow operator
to use its vehicles or equipment in an effort to obtain additional
spots on the rotary list.
B.
Towing operators shall be authorized in the order
that their applications are approved.
C.
Towing services must be provided on a twenty-four-hour,
seven-day-a-week-basis. A tow operator that is selected to respond
to a call for towing services must be at the service site within 10
minutes from the time of notification by the Police Department. If
the towing operator is not there within this period of time, the Police
Department may select another towing operator from the list. Continued
violation of this provision may be grounds for removal from the rotary
list.
D.
If no towing operator on the rotary list is available
or responds in a timely manner to a call for service, the Police Department
may then select a towing operator not on the rotary list.
E.
During adverse weather conditions or other emergency
conditions, all towing contractors on the rotary list shall give priority
to requests for towing services to the City of Pleasantville.
A.
The licensed towing operator agrees that all personnel
and equipment used under the terms of this article shall be and remain
employees and property of the registered towing operator.
B.
The licensed towing operator shall at all times maintain
direct supervision, management and control over its personnel and
equipment, and in no event shall such equipment and/or personnel be
represented by said licensed towing operator as belonging to or employed
by the City of Pleasantville.
C.
The licensed towing operator shall agree that it is
operating under this article and as an independent contractor and
in no manner or sense as an agent or employee of the City of Pleasantville.
D.
The licensed towing operator shall at no time sublet
or assign his license, or any part thereof, or any tow for any purpose.
E.
The licensed towing operator shall agree to indemnify,
defend and hold harmless and reimburse the City of Pleasantville from
any and all claims or law suits against the City arising out of the
acts, negligence, intentional negligence and/or responsibility of
the licensed towing operator.
F.
Insurance.
(1)
The licensed towing operator shall, prior to the beginning
date of this license, furnish the City Clerk of the City of Pleasantville
with certificates of insurance naming the City as an additional named
insured, describing the types and amounts of insurance, identifying
the coverage to this license by reference and providing for 30 days’
written notice to the City by registered mail prior to any modification,
cancellation, nonrenewal or other change in coverage, and containing
a severability-of-interests clause as follows: “The term ‘the
insured’ is used severally and not collectively, but the inclusion
herein of more than one insured shall not operate to increase the
limits of the company’s liability.” The policies must
be effective prior to the beginning date of this license and must
remain in force during the term of this license. In the event of interruption
of coverage for any reason, all services under the license shall cease
and shall not resume until coverage has been restored.
(2)
The following are the minimum mandatory types and
amounts of insurance coverage to be carried:
(a)
Workers’ compensation: statutory New Jersey
limits.
(b)
Towing liability personal injury liability:
$2,000,000, combined single limits. In lieu of a combined single limit
of $2,000,000, a policy with split limits of $1,000,000, $2,000,000
and $100,000 is acceptable.
(c)
Towing including hoist, fire, explosion, theft,
riot, civil commotion, vandalism and malicious mischief (VMM) and
collision: (VMM deductible: $25; collision deduction: $100).
(3)
Neither approval by the City nor failure to disapprove
certificates of insurance furnished by the licensed towing operator
shall release the licensed towing operator of full responsibility
for all liability and casualty claims or losses. Insurance is required
as a measure of protection and the licensed towing operator’s
liability is not limited thereto.
(4)
The aforesaid insurance policy shall also be written
as to include coverage to the licensed towing operator with respect
to the property of others which is in the care, custody or control
of the licensed towing operator. Such insurance policy shall also
provide coverage to the licensed towing operator for any losses due
to fire, theft or vandalism of any passenger automobile, truck or
motor vehicle of other persons in its possession.
(5)
The aforesaid insurance policy shall be so endorsed
to include the City of Pleasantville as a named insured and shall
provide a standard severability-of-interest clause. The insurance
policy shall also provide that the City of Pleasantville shall be
defended and indemnified by said insurance company.
G.
The licensed towing operator shall on the first day
of each month provide, in writing, to the City Clerk and Police Chief
of Pleasantville, or his designee, that month's list of all passenger
automobiles, trucks and motor vehicles in the possession of that licensed
towing operator over the course of the previous month. Said list shall
state the makes and models of all motor vehicles, the years of same,
the registration numbers of the motor vehicles, the vehicle identification
numbers and a detailed list of all charges and expenses relating to
said motor vehicles and the dates the vehicles were towed.
[Added 2-18-2009 by Ord. No. 1-2009]
H.
A licensed towing operator shall provide a compound,
which must be located within the City of Pleasantville, and shall
at all times be in compliance with all New Jersey statutes and regulations,
as well as all ordinances promulgated by the City of Pleasantville.
[Added 2-18-2009 by Ord. No. 1-2009]
(1)
Said compound shall be enclosed by an eight-foot-high
fence and be of sufficient size to accommodate at least 50 passenger
vehicles at one time. At no time will any motor vehicles towed by
any licensed towing operator be stored in any other location. Said
fence shall be enclosed with privacy slates.
(2)
The compound shall be staffed by a licensed towing
operator during business hours, which will be defined as between 8:00
a.m. and 5:00 p.m., Monday through Sunday, inclusive. The towing operator
will, with prior notification, make a vehicle available to be retrieved
by the public after normal business hours. The towing operator may
charge an additional fee for this service, as follows:
(3)
The compound shall be adequately lighted.
I.
All licensed towing operators who provided private
property towing service shall provide the Chief of Police, or his
designee, with a signed copy of the agreement between the property
owner and the towing firm.
[Added 2-18-2009 by Ord. No. 1-2009]
J.
Disposing of the vehicle.
[Added 7-7-2014 by Ord. No. 14-2014]
(1)
Upon
towing of a vehicle at the direction of the City, the Police Department
shall, within five to seven business days, provide notice to the owner
of vehicle of the vehicle’s location and reason for tow.
(2)
If
the vehicle has not been retrieved by the owner and the Police Department
no longer needs the vehicle for investigation, the Police Department
shall execute a written release of the vehicle to the licensed towing
operator no less than 30 calendar days after the towing. The Police
Department shall store the original release on file, and provide copies
to the registered owner and licensed towing operator.
(3)
Once
the vehicle is released to the licensed towing operator, the licensed
towing operator shall proceed to dispose of the vehicle in accordance
with N.J.S.A. 39:10A-7 through N.J.S.A. 39:10A-20.
A.
The licensed towing operator agrees to make no claim
against the City of Pleasantville, its agents, representatives and/or
employees for the following:
B.
This section shall apply to any and all passenger
motor vehicles, trucks and motor vehicles that are stored or towed
by the licensed towing operator, including those abandoned and unclaimed
by the owners thereof.
A.
All towing operators, in order to provide towing service
in the City of Pleasantville, shall be licensed with the Clerk of
the City of Pleasantville.
B.
The Clerk of the City of Pleasantville shall take
an application for the licensing of a towing operator from any towing
operator who asserts that he can comply with the provisions of this
article.
C.
The application form shall be prescribed by the Clerk
of the City of Pleasantville and shall include the name, business
address and telephone number of the towing operator, the location
of the compound, the name of its insurance company, the insurance
policy number and any other information the Clerk deems relevant and
appropriate.
D.
Each licensed towing operator shall purchase a mercantile
license from the City Clerk. Said licensing fee shall be paid upon
the submission of the signed application to the Clerk of the City
of Pleasantville.
E.
The towing operator must date and sign the application
and certify that he has read this article and agrees to abide by all
of the terms and specifications of the same.
F.
The Chief of Police of the City of Pleasantville shall
conduct an investigation of the towing operator and its operation.
This investigation shall consist of an inspection of the proposed
compound and inspection of the tow trucks and such other relevant
inquiries as the Chief of Police deems appropriate to determine that
the towing operator meets with the requirements of this article.
G.
If the Chief of Police of the City of Pleasantville
after due investigation deems the towing operator in compliance with
all provisions of this article, the Chief of Police shall report to
the Clerk, in writing, whether or not the towing operator meets the
requirements of this article. If the towing operator meets with the
requirements of this article, said towing operator shall be added
to the list of licensed towing operators in the City of Pleasantville.
H.
If the Chief of Police deems the towing operator not
in compliance with any provisions of this article, he shall report,
in writing, to the Clerk of the City of Pleasantville his findings,
with reasons for his rejection of the application of the towing operator.
The Chief of Police shall supply a copy of his report to the towing
operator.
I.
Any towing operator who is aggrieved by the actions
of the Chief of Police rejecting his application shall serve notice
upon the Clerk within 30 days of such rejection, entitling the operator
to a hearing by the full Council of the City of Pleasantville.
J.
Towing operators authorized pursuant to this article
will be placed alphabetically on a rotation list of all licensed towing
operators. In the event that more than one towing operator shall become
a licensed towing operator, the towing services needed shall be rotated
among licensed towing operators alphabetically on the rotation list.
After reasonable attempt is made to contact a towing operator without
success, the next towing operator will be called.
A.
All towing charges and storage charges for automobiles
that are damaged in accidents or recovered after being stolen shall
conform to the State of New Jersey mandate regarding the same, which
fee schedule shall be adopted as the schedule for the City of Pleasantville.
Fees for tows authorized by the City for other than the aforementioned
shall be as follows:
[Amended 2-18-2009 by Ord. No. 1-2009]
(1)
For initial tow from scene to the storage facility
(City or rotary list storage facility), the fee shall not exceed the
maximum allowed under the fee schedule.
(2)
The storage fee for vehicles towed from the scene
shall be $25 per day.
(3)
The storage fee shall be in effect 24 hours after
the initial tow from the scene.
B.
This fee schedule shall be made available to the public
during normal business hours of the City of Pleasantville. The schedule
is subject to change by resolution of City Council.
C.
Licensed towing operators shall tow disabled City
vehicles at no charge from any location within Atlantic County. If
a City vehicle is disabled anywhere outside of Atlantic County then
the licensed towing operator shall only bill the City at a rate of
$4 per mile. The City of Pleasantville shall not be billed for any
additional fee related to the tow.
[Added 2-18-2009 by Ord. No. 1-2009]
D.
If a vehicle is impounded for investigation purposes
by the Pleasantville Police Department, the following procedures will
be adhered to:
[Added 2-18-2009 by Ord. No. 1-2009]
(1)
If a vehicle is to be brought from a scene for examination,
the vehicle will be transported and left at the Police Department.
Following the examination, the towing operator will be notified and
the vehicle removed from the Police Department to the towing operator's
facility. No additional fees will be assessed to the vehicle's owners
or the City.
(2)
Should a vehicle be confiscated and held by the City
for investigation, the vehicle will be towed from the point of confiscation
and transported to a location designated by the investigating officer.
The towing operator will then bill the City $25, regardless of the
amount of time that the vehicle is held.
When a violation of Article I or II occurs, the violator may be fined and/or have his mercantile license suspended or revoked, according to the penalties set forth in this article and his/her name may be removed from the rotary list.
A.
For the purpose of determining suspension or revocation
of the mercantile license of any tower, the City Council shall hear
all such cases upon recommendation of the administrator. The administrator
shall be responsible for the notification of the tower of such recommendation
and notice of charges against him. The tower shall be afforded an
opportunity to be heard before the City Council and to respond to
all charges before the decision of the City Council is made.
B.
Failure of any person, company, corporation or organization
to comply with the requirements of this article shall, upon conviction,
be punished by a fine of not less than $100 nor more than $1,000,
imprisonment for a term not exceeding 90 days and/or a period of community
service not exceeding 90 days. Each day’s failure to comply
with these provisions shall constitute a separate violation.
