[HISTORY: Adopted by the Mayor and Council of the Borough
of Lindenwold 12-1-2010 by Ord. No. 1275. Amendments noted where
applicable.]
The purpose of this chapter is to establish standards and pricing
for towing services, storage of vehicles and accident cleanup services
within the Borough of Lindenwold when said services are requested
by the Borough's Police Department.
A.
Any tower in compliance with the requirements of this chapter shall
be considered qualified and shall be called by the Borough Police
Department on a rotating basis. Any interested tower shall submit
proof of compliance on an annual basis to the Police Department for
review and determination.
B.
Requirements.
(1)
Registration with the Department of Community Affairs.
(3)
Ability to respond to a service call within the Borough within 20
minutes.
(4)
A properly licensed and zoned storage yard open for business, at
a minimum, from 8:00 a.m. to 4:30 p.m., Monday through Friday, and
9:00 a.m. to 12:00 noon on Saturdays, excluding legal holidays, which
has at least two covered or interior storage spaces.
(5)
Tow trucks, including all necessary equipment and materials to remove
and clean up the vehicles and debris resulting from a two-vehicle
collision.
(6)
Agreement to follow directions of police officers concerning the
removal and storage of vehicles as well as the cleanup of the scene,
including an agreement that any vehicle designated as impounded may
not be released without written permission from the Police Department.
(7)
General liability/comprehensive general liability insurance policy
with at least $1,000,000 coverage.
(8)
Garage keepers' legal liability coverage with at least $100,000 in
coverage.
(9)
Automobile liability coverage with at least $1,000,000 combined single
limit.
(10)
Worker's compensation coverage as required by law.
(11)
Posting of schedule of fees on premises in a conspicuous place
visible to the public. The Police Department reserves the right to
publicly post the schedule of fees in whatever manner the Chief of
Police deems appropriate for the purpose of informing the public.
(12)
The operator must own and maintain enough equipment and possess
adequate resources to remove two vehicles from the roadway at the
scene of a two-car collision where both vehicles have been rendered
inoperable.
(13)
Tow trucks used by the operator must be of such construction
to tow any type of vehicle and to pass inspection by the Police Department
or its designee.
(14)
Tow trucks shall be maintained in good condition, comply with
all applicable provisions of N.J.S.A. 39:1-1 et seq., and be available
24 hours a day and be identified on each side with the name and address
of the operator. There shall be no marking on tow trucks indicating
affiliation with the Police Department, such as "official police towing."
(15)
Agreement to follow the regulations established by the Chief
of Police, which regulations may be amended and/or modified by the
Chief.
Any tower interested in qualifying shall present to the Chief of Police, who is designated as the municipal officer to enforce the provisions of this chapter, proof of compliance with § 317-2B and other such information as the Chief deems relevant on an annual basis. The Chief shall review such proofs and, if satisfied with the same, issue a written notice of qualification to the applicant and place the name of the qualified applicant on the list of towers to be called by the Police Department on a rotating basis.
In the event that the Police Chief determines that a qualified
tower is no longer in compliance with this chapter, the Chief shall
give such qualified tower written notice of the deficiency and an
opportunity to cure the deficiency under such terms established by
the Chief. If the deficiency is not cured, the Chief shall send the
qualified tower written notice that the qualification has been revoked.
In the event of a second instance of the same deficiency within one
year the Chief shall be authorized to immediately revoke the qualification.
Any tower aggrieved by the revocation of qualification by the Police Chief shall be entitled to a hearing before the Mayor and Council, which could sustain the Chief's action, reverse it, modify it and/or add conditions. Any aggrieved tower desiring such a hearing shall file with the Borough Clerk a written statement requesting the same and setting out the factual basis for the appeal and pay a fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-44, all or a portion of which may be refunded by the Mayor and Council in the event of a reversal or modification of the Chief's decision.
Any qualified tower, as a condition of said qualification, shall
comply with the following general procedures:
A.
Tower shall be notified by the Police Department for the removal
of all vehicles whether considered abandoned, disabled or impounded.
Tower must arrive prepared to remove all vehicles within 20 minutes
of notification, unless otherwise specified by the Police Department.
If the tower fails to respond within the allotted time, the Borough
may, within its discretion, notify another vendor to effect immediate
removal and towing of vehicles. Any towing charges assessed by the
vendor to the Borough shall be passed on to the tower.
B.
Tower must be available for removal and storage of vehicles 24 hours
a day, seven days a week, including the removal of abandoned vehicles.
C.
In the event that the owner of a vehicle also arrives at the scene
to which a tower has been summoned, with approval of the Police Department
the owner shall be allowed to remove the vehicle at no expense to
himself or the Borough.
D.
In the event the tower is required to perform additional unspecified
services in furtherance of its obligations hereunder, such services
shall be provided at reasonable cost. Such services shall not affect
the basic towing and storage charges outlined in the Borough's
Schedule of Fees.
E.
In the event that a vehicle has been wrongfully removed pursuant
to this chapter, the vehicle shall be returned to the owner at no
charge. On occasion, tower will be required to tow certain wrongfully
removed vehicles back to the initial towing site.[1]
F.
Any municipal-owned vehicles shall be towed free of charge.
G.
Tower shall change flat tires on any vehicle assigned to the Police
Department free of charge at any time when employees of the Borough
Garage are not working or available.
H.
Tower must accept all major credit cards for all towing services
and associated costs.
A.
All vehicles removed pursuant to this chapter must be stored at the
tower's storage facilities, with the following exception: on
occasion the tower will be required to tow certain vehicles which
are involved in criminal investigation or other investigation to a
designated facility for further investigation at no charge to the
Borough.
B.
Tower shall be responsible for each vehicle in its storage area,
including but not limited to damage or theft, until final disposition
or removal is ordered by the Borough. All vehicles, regardless of
condition, must be stored singly and so arranged to permit inspection
and subsequent removal if necessary. Adequate walkway inspection space
must be provided at all times.
C.
The owner of any vehicle towed shall have the right to remove property
belonging to him from the stored vehicle at no cost to the owner unless
"Police Hold" is marked on tow form. Vehicle owner or his representative
shall have the right to take photos of stored vehicle for insurance
purposes at no cost to the vehicle owner or his representative. Any
property removal disputes will be referred to the Police Department.
Access to storage facility/yard must be given to owner/representative
with consent of police.
A.
No vehicle shall be released to either owners or lienholders without
a police release form. Vehicles shall be available for release between
8:00 a.m. and 4:30 p.m., Monday through Friday, and 9:00 a.m. and
12:00 noon, Saturday, except for legal holidays. It shall be the responsibility
of the Police Department to notify the owners of vehicles, when known,
when vehicles are turned over to the tower for removal and storage.
B.
Upon release of a vehicle to its owner or lienholder, all ownership
rights and responsibilities shall revert to the owner or lienholder.
The Borough shall not be liable for daily storage fees for any day
following the date of release, whether or not the owner actually reclaims
possession of the motor vehicle from the tower. Tower shall not impose
any additional charges upon an owner or lienholder which are not expressly
indicated in the Borough's Schedule of Fees. All vehicles shall
be released by tower upon receipt of a police release form.
C.
The tower shall notify the Police Department of any released vehicle
which remains unclaimed by the owner by way of a monthly written report.
Tower shall maintain records of all vehicles towed, stored and
released by him, as well as all services rendered while performing
services covered by this chapter.
A.
Tower shall be required to maintain a yearly tow log documenting
all vehicles that were towed at the request of the Police Department.
A copy of this log will be submitted to the Police Department at the
end of the calendar year. Tower is required to maintain a copy of
said tow log for a period of seven years. The tower shall update the
tow log on a daily basis and it shall be made available to the Chief
of Police or his designee immediately upon request.
B.
Towed vehicle log. This report shall include the following information
on every vehicle towed by the tower at the request of the Police Department
and covered under the terms of this chapter:
C.
The Police Department will provide a tow log form to tower to be
used by tower to document towed vehicles.
