[HISTORY: Adopted by the Township Council of the Township
of Clark by Ord. No. 92-04 (Sec. 4-27 of the 2002 Revised General Ordinances). Amendments
noted where applicable.]
Under the option allowed by N.J.S.A. 40A:11-5 et seq., towing
services required by any municipal entity shall be assigned on nonexclusionary,
nondiscriminatory terms to competent service providers on the basis
of rotating assignments.
[Added 1-21-2020 by Ord.
No. 20-05]
As used in this chapter, the following terms shall have the
meanings indicated:
A passenger motor vehicle, including station wagons, hearses,
funeral flower and service vehicles, vehicles for which issuance of
passenger car plates are authorized, taxi cabs, motorcycles, panel
vans, pick-up trucks and similar vehicles having a gross weight not
exceeding 6,999 pounds.
Any wrecker used exclusively for the removal of trucks, trailers,
tractors, busses, and/or other oversized vehicles.
Any motor vehicle towed and/or stored under the authority
of this chapter may be assessed an additional $50 if the vehicle remains
in storage more than two business days.
The Chief of Police will be responsible for the promulgation of rules and regulations pertaining to the towing and storage of motor vehicles under this chapter and for a fee schedule for services not covered by state mandate. The fees established shall be reasonable and in no case shall exceed the maximum fee permitted by state law. Section 333-8 establishes towing and storage fees, which shall be updated periodically.
A.
Service providers shall be available to respond 24 hours a day, seven
days per week, for motor vehicle accidents, impounds or breakdowns
at the request of the Police Department.
B.
Service providers shall rotate on a weekly basis, beginning at 0001
hours Sunday and ending at 2,400 hours Saturday.
C.
Service providers shall be required to respond to the scene within
15 minutes. Between the hours of 12:00 midnight and 6:00 a.m., a twenty-five-minute
response is acceptable.
D.
Service providers located in Clark or in other contiguous municipalities
shall be eligible for inclusion on the towing roster, provided that
they ensure response within established guidelines.
E.
Service providers may maintain a storage area at their facility and
transport vehicles directly to the facility. The Chief of Police,
in his discretion, may permit service providers, upon their request,
to utilize storage areas owned by another provider.
F.
Annually, the Chief of Police or his designee shall establish the
weekly rotation list of service providers.
Any service provider can be removed from the rotation list for
cause by order of the Chief of Police. Any provider removed by the
Chief shall be entitled to a hearing pertaining to such removal conducted
by the Township Council.
This chapter shall not apply to towing or storage services required
within the jurisdiction of the Garden State Parkway Authority, and
nothing contained herein is intended to alter, modify or supersede
such regulations.
Nothing in this chapter shall preclude a police supervisor from
bypassing the rotation list to secure heavy equipment towing services
as extraordinary circumstances may require.
[Amended 5-19-2003 by Ord. No. 03-16; 6-18-2007 by Ord. No. 07-11; 1-17-2012 by Ord, No. 12-01; 1-21-2020 by Ord. No. 20-05]
A.
Authority. N.J.S.A. 40:48-2.49, Operators engaged in removal of motor
vehicles; regulations by municipalities.
(1)
(2)
(4)
Separation charge: $75.
(5)
Waiting time at scene (per minute): $2.
(7)
Rollover charges: $150.
(9)
Collection, clean up and disposal of debris on or off of roadway
at scene of call: $35.
(10)
Where the use of special equipment, such as dolly, tilt-bed
truck, front wheel lift snatch blocks, or other special hook-up is
required, the above towing charges may be increased by $35.
(11)
Winching and wrecking charges that are not included in any of
the fee schedules above shall be based on the hourly rate determined
from the current edition of the Chilton's Labor Guide and Parts
Manual.
B.
Storage.
(1)
Class I and II vehicles: $40 per day.
(2)
Class III vehicles: $100 per day.
(3)
All vehicles towed by the Township of Clark must be stored within
the city limits at the designated facility, J&E Auto Body. Impound
yard must be fenced in and secured. The Township of Clark will have
full access to impound yard at all times.
C.
Administrative fee. Any motor vehicle towed and/or stored under the
authority of this chapter may be assessed an additional $50 if the
vehicle remains in storage more than two business days.
D.
Special circumstances. In a case where special circumstances arise
due to the recovery of a vehicle beyond that which is required to
perform a basic tow that requires additional labor, a charge of $75
per half hour will be permitted.
A.
Any vehicle towed, either impounded, recovered, stolen or involved
in an accident, will be transported to the storage facility of an
approved service provider.
(1)
Exception.
A disabled motor vehicle or a motor vehicle involved in an accident
wherein a police investigation is not required may be towed to another
storage facility as may be agreed upon between the vehicle owner and
towing service provider. However, any such facility shall charge only
those rates as may be provided for under the terms of this chapter.
B.
Towing service providers operating under this chapter shall not solicit
or attempt to divert patrons of a given repair service to any other
repair service, nor shall any police officer designate or suggest
any vendor or repair service to a motorist.
