[HISTORY: Adopted by the Township Committee of the Township
of Egg Harbor 12-18-2013 by Ord. No. 46-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Mercantile licensing — See Ch. 142.
Abandoned vehicles — See Ch. 211.
Vehicles and traffic — See Ch. 213.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 190, Rotary Towing and Storage, adopted 3-10-1999 by
Ord. No. 10-1999, as amended.
The purpose of this chapter is to establish, pursuant to N.J.S.A.
40A:11-5(1)(u), a list of licensed tow operators to provide towing
services for the Township of Egg Harbor on a rotating basis and to
establish, pursuant to N.J.S.A. 40:48-2.49, regulations governing
operators engaged in the removal of motor vehicles.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
Any automobile, truck or any motor vehicle that is left unattended
or which is parked on private or public property without the current
year's registration or bearing license plates, as required by
law, or is positioned so as to constitute an obstruction or hazard
to traffic or public safety.
The location where the licensed tow operator stations its
tow vehicle(s) when not in use.
The removal and transportation of a motor vehicle at the
request or call of authorized personnel or members of the Egg Harbor
Township Police Department as may be required when abandoned, disabled,
damaged as a result of a crash, illegally parked, recovered after
being stolen, or in cases of emergency, from a highway, street or
other public or private road, or a parking area, or from a storage
facility, and other services normally incident thereto, but does not
include recovery of a motor vehicle from a position beyond the right-of-way
or berm or from being impaled upon any other object within the right-of-way
or berm.
A car carrier shall have a commercially manufactured chassis
certified by the manufacturer. The vehicle shall be equipped with
a hydraulically powered winch. The tilt bed or slide back shall be
hydraulically operated. The vehicle shall also be equipped with tie-down
chains, proper safety lights and amber rotation emergency flashing
lights.
A tow beyond the Egg Harbor Township borders which will be
negotiated between the customer and the tow company, also referred
to as a "private tow."
The maximum allowable amount of storage charges to be charged
per twenty-four-hour period or fraction thereof. Each new twenty-four-hour
period begins at 12:01 a.m.
If the customer changes his/her mind as to the tow company
used or if the customer wishes to have the vehicle towed by a third
party after the Township of Egg Harbor authorized tower is on site.
A portable device with wheels that is used in combination
with a tow truck to transport automobiles, trucks or other motor vehicles.
Located on the interior door panel or B pillar, it is the
maximum allowable total weight of a road vehicle or trailer when loaded
(i.e., including the weight of the vehicle itself plus fuel, passengers,
cargo, and trailer tongue weight).
Any motor vehicle that is parked in a fashion or in a place
that is a violation of any parking ordinance or statute of the Township
of Egg Harbor, County of Atlantic, and State of New Jersey.
A towing operator that has complied with all of the provisions
of this chapter and whose name appears on the rotary tow list of licensed
towing operators maintained by the Township Clerk and the Chief of
Police.
A light-duty wrecker shall have a commercially manufactured
chassis certified by the manufacturer for light-duty towing. Each
shall be equipped with a commercially manufactured lifting apparatus
with dual rear wheels, safety chains, proper safety lights, rear floodlights
and amber rotation emergency flashing lights.
Includes all vehicles propelled other than by muscular power.
This term shall also include tracked vehicles, motorcycles, motorized
scooters and mopeds.
An occurrence in which a private passenger motor vehicle
comes in contact with any other object for which the private passenger
motor vehicle must be towed or removed for placement in a storage
facility. This includes all situations which are accidental to one
person even if caused by the intentional acts of another.
All towing services which are in addition to, or in lieu
of, basic towing services or private passenger motor vehicle tows,
as defined herein.
Any person who is in actual physical control of a motor vehicle.
The monetary charge for the presence of a tow truck and operator
where no towing service or road service is conducted or supplied.
Providing routine minor maintenance items, refueling or supplying
equipment to motor vehicles that are disabled or otherwise inoperable,
including calls to assist persons locked out of their motor vehicles.
Any cleanup that includes the use of up to one bag (20 pounds)
of oil dry, cleanup of glass and/or car parts that are removable by
hand or with hand tools, that are in the crash/incident area, including
the point of impact. Any cleanup that does not fall within these parameters
shall be considered an excessive cleanup.
A storage area or lot owned and maintained by the Township
of Egg Harbor.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed and constructed by its manufacturer and maintained by the
licensed tow operator for the safe removal and/or transport of motor
vehicles.
Providing the use of the mechanical cable device attached
to a tow truck to move or transport any vehicle where the actual towing
of the vehicle does not take place.
[Amended 10-3-2018 by Ord. No. 43-2018]
A.
This chapter hereby establishes a list of licensed tow operators
to provide basic and non-basic towing services for the Township of
Egg Harbor on a rotating basis. The Police Department will maintain
the rotary list and determine the time period for each rotation. The
list of licensed tow operators shall be determined by and under the
direct supervision of the Chief of Police or his/her designee.
B.
A licensed towing operator shall be placed on the rotary list in
the order in which the operator was chosen in the lottery conducted
by the Police Department.
C.
No licensed tow operator may be placed on the rotary list more than
once.
D.
Towing services must be provided on a twenty-four-hour, seven-day-per-week
basis. It is required that a tow vehicle be on the site of the event
within 20 minutes of the time of the call from the Police Department.
If a licensed tow operator does not perform the requested towing service
as required, the next licensed tow operator or a tow operator not
contained on the rotating list may be called to perform the towing
service at the sole discretion of the Police Department.
E.
During adverse weather conditions or other emergency conditions,
all licensed tow operators on the rotating list shall give priority
to requests for towing services made by the Police Department over
requests made by third parties.
F.
Unless requested by the owner or otherwise required due to exigent
circumstances, all vehicles towed pursuant to this chapter shall be
stored at the Township of Egg Harbor storage facility.
G.
Failure to comply with any of the provisions of this chapter may
subject the licensed tow operator to fines, suspension or removal
from the rotary tow list, at the discretion of the Police Department.
H.
The Police Chief may immediately suspend a licensed tow owner prior
to scheduling a formal hearing on the charges if shown sufficient
evidence its operations persistently violate the provisions of this
chapter or where operations of the Police Department are affected
in a negative manner.
[Amended 10-3-2018 by Ord. No. 43-2018]
A.
An individual or entity seeking placement on the annual rotary list
shall be required to submit a completed rotary tow application between
August 1 and August 31 to be considered for the following year's
tow rotation. Only the first eight applications will be accepted and
processed.
B.
All rotary tow applicants are required to request an application
package furnished by the Township Clerk, and submit said application
with any and all information prescribed by the Chief of Police to
the Township Clerk's office no later than August 31.
C.
All applications shall be accompanied by a nonrefundable fee of $500.
D.
Applications will not be accepted prior to August 1 of the calendar
year; nor will they be accepted after August 31 of the calendar year.
E.
Each rotary tow applicant must be able to demonstrate to the Township
that they are thoroughly qualified and experienced in the towing and
removal of vehicles of all types and that they have adequate facilities,
equipment, expertise, licensing and personnel to perform the services
required by the requirements contained herein this chapter in a manner
satisfactory to the Police Department.
F.
Each company must provide a written statement regarding its capability
for providing towing services for heavy trucks, buses and commercial
vehicles.
G.
The Police Department will conduct a background check of the rotary
tow applicant, its officers and employees prior to making a determination
of placement on the towing list. Any persistent violations and/or
high incidence of motor vehicle accidents in the past 10 years may
warrant a driver ineligible. A conviction for a felony will be considered
ample reason to disqualify any licensed tow operator unless waived
by the Township upon application and for good cause.
H.
A license may be denied, suspended, or revoked upon any of the following
grounds:
(1)
Submitting a fraudulent or misleading application.
(2)
A criminal conviction of the towing operator or a named principal
of the towing operator.
(3)
Failure to respond reliably and promptly to calls for assistance
or any other unsatisfactory performance action.
(4)
Failure to utilize safe and adequate equipment as defined herein.
(5)
Violations of motor vehicle laws and/or municipal ordinances.
(6)
Failure or refusal to tow or remove a motor vehicle when requested
to do so by an appropriate municipal official.
(7)
Violations of the Zoning Ordinance or any other applicable ordinances
or codes of the Township of Egg Harbor pertaining to the use or condition
of the premises used by the licensee in conducting the towing business.
(8)
Violations of the provisions of this chapter or any of its rules,
regulations, and policies promulgated hereto.
I.
All rotary tow applicants must receive the approval of the Police
Department before issuance of a licensed tow operator's license.
J.
An individual or entity seeking placement on the rotary list who
does not meet the application's requirements must make the required
corrections or additions within a time frame determined by the Police
Department. Failure to do so will result in a prohibition from participating
in the intended year's rotary tow list.
K.
The Township of Egg Harbor will award four rotary towing licenses
annually. A lottery will be held in the event that more than four
qualified applicants exist. The Township of Egg Harbor has chosen
a method of random selection which ensures that every qualified rotary
tow applicant has an equal chance of being selected each and every
time a selection takes place. The Township of Egg Harbor shall permit
representatives of the affected rotary tow companies to witness the
selection process. The rotary tow lottery shall be conducted under
the direction of the Chief of Police or his/her designee.
L.
Successful applicants shall be notified by the Township Clerk's
office no later than December 20 of the calendar year whether they
have been chosen for the rotary tow license and where they fall in
the rotation.
M.
All licensed tow operators shall be placed onto the rotary list as
of January 1 of the following year after recommendation of the Police
Department and approval by the Township Committee for a term of one
year.
[Amended 10-3-2018 by Ord. No. 43-2018]
A.
When an application for a license is denied by the Township of Egg
Harbor, the applicant may request a hearing on said application by
the service of a notice requesting a hearing. Said notice shall be
served on the Township Clerk; and at the next regularly scheduled
meeting of the Township Committee, a hearing date shall be set, which
shall be no less than seven days nor more than 30 days from the day
of the regularly scheduled meeting.
B.
Proceedings for the suspension or revocation of a license shall be
initiated by the service of a notice of charges proffered against
the licensee. Said notice shall be served by the Township Clerk or
their designee, either personally or via certified mail, return receipt
requested, and shall contain a date, time and place for a hearing
to be held by the Township Committee of the Township of Egg Harbor.
Said hearing shall be scheduled no less than seven days nor more than
30 days after the notice of the suspension or revocation shall be
served upon the licensee. The licensee shall have the right to file
an answer to the notice and to appear in person, or be represented
by counsel, and give testimony at the place and time fixed for the
hearing.
C.
The suspension or revocation shall be effective immediately upon
service of notice to the licensee.
A.
The Police Department in general and the Chief of Police in particular
shall enforce the provisions of this chapter as well as rules and
regulations adopted hereunder.
B.
Cards and statement of rates.
[Amended 10-3-2018 by Ord. No. 43-2018]
(1)
The licensed tow operator, at his own expense, shall prepare three-inch-by-five-inch
printed rate cards which shall be first approved by the Police Department.
The cards will then be provided to the Police Department for distribution
to vehicle owners in need of towing services.
(2)
The rate card shall provide information on claiming a vehicle, the
name of the business, its owner, tower's license number, as well
as the business location, telephone number and hours of operation
for the public. The card shall also state its rates for towing services
and include all methods of acceptable payment. At least one form of
online payment (i.e. credit card, PayPal, etc.) shall be made available.
The rate card must disclose that no fees (i.e. surcharges) will be
charged to the vehicle owner for the use on any online method of payment.
(3)
The rates applicable to towing services performed hereunder shall
be posted in a conspicuous place, visible to the public, at the licensed
tow operator's place of business.
(4)
The licensed tow operator shall, at his expense, prepare a printed
itemized bill for distribution to the customer, reflecting the fee
to be paid in accordance with the rates stated on the printed card,
unless otherwise approved by the Police Department. The bill shall
also include the information set forth within this section, as well
as a statement to the effect that all complaints shall be referred
to the Police Department. The format of this form shall be approved
by the Chief of Police or his/her designee. Any and all complaints
received by the Police Department and/or the Chief of Police shall
be investigated and documented. Citations will be issued for violations
of this chapter. Persistent violations may result in suspension and/or
revocation of license.
(5)
The licensed tow operator shall accept from any owner or his representative
methods of payment in the form of cash, certified check, money order
and by at least one major credit card. The licensed tow operator is
not obligated to accept personal checks for payment. Each licensed
tow operator shall either offer payment by telephone or online service.
Receipts for such (in detail) shall be faxed or emailed to the Police
Department directly as proof of payment.
C.
Hours of service.
[Amended 10-3-2018 by Ord. No. 43-2018]
(1)
Towing services must be provided on a twenty-four-hour, seven day-per-week
basis.
(2)
All light-duty wreckers/flatbed wreckers/car carriers must be equipped
with a two-way radio, or comparable means of communication such as
cellular telephones, to facilitate prompt response.
(3)
It is required that a tow vehicle be on the site of the event within
20 minutes of the time of the call from the Police Department. The
licensed tow operator shall provide the Police Department a telephone
number which will be manned at all times to quickly dispatch tow vehicles.
(4)
The licensed tow operator's normal hours of operation for the
public shall be from 7:00 a.m. to 5:00 p.m., Monday through Saturday,
and 12:00 noon to 4:00 p.m. on Sunday.
D.
Employees.
[Amended 10-3-2018 by Ord. No. 43-2018]
(1)
Licensed tow operators shall employ a sufficient number of employees
to comply with the minimum operational requirements at all times.
If a licensed tow operator shall not have a driver available when
it is their responsibility to tow, they will immediately be suspended
from the rotation list.
(2)
No person shall be employed by the licensed tow operator for towing
hereunder unless he has submitted to a background check and has been
approved by the Police Department.
(3)
All drivers of the licensed tow operator shall be over the age of
18 years and must have a valid, current New Jersey State driver's
license with the proper endorsement(s) and shall be in good health
and of good moral character.
(4)
In order to keep information current, the licensed tow operator will
be required to submit a roster of drivers to the Police Department
two weeks prior to the start of a tow rotation for that company. No
driver shall perform services hereunder unless previously listed by
the licensed tow operator and approved by the Police Department.
(5)
Complaints of any kind relative to service, overcharging, theft of
parts, damage to towed vehicles, discourteous treatment and the like
shall be referred to the Police Department for investigation. Failure
of the licensed tow operator to cooperate with the Police Department
in its investigation shall constitute grounds for revocation of their
license.
(6)
All employees of the licensed tow operator shall wear uniform clothing
with a name patch indicating the employee's first name and name
of the licensed tow operator's company.
(7)
All employees shall be clean, neat and make a good appearance.
(8)
All employees of the licensed tow operator will be required to wear
photo identification badge, approved by the Police Department.
(9)
All employees shall wear a safety vest minimally rated at an ANSI
Level II.
(10)
The licensed tow operator agrees that the owners or officers
of the licensed tow operator shall be responsible, except as otherwise
provided by law, for the negligent acts of its employees while acting
hereunder.
E.
Conduct of licensed tow operators and operators generally. No person
owning or operating a tow vehicle shall:
(1)
Stand at any public street, intersection or any public property waiting
for employment 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 tow vehicle
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. The licensed tow operator shall wait until he
receives official notification from the Police Department before commencing
operations.
[Amended 10-3-2018 by Ord. No. 43-2018]
(3)
Permit or invite loitering within or near the tow vehicle.
(4)
Solicit or attempt to divert prospective patrons of another tow vehicle,
nor shall the licensed tow operator solicit or attempt to divert prospective
patrons from the Township storage facility to any other garage.
(5)
Solicit, demand or receive from any person any pay, commission or
emolument whatsoever, except the proper fee for transporting the disabled
vehicle in accordance with the schedule of service rates listed in
these specifications. Approved rate cards shall be carried at all
times and available for distribution by the driver of the tow company.
[Amended 10-3-2018 by Ord. No. 43-2018]
(6)
Pay any gratuity, tip or emolument to any third person not involved
in the crash or to any police officer for information as to the location
of the crash, 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 or Township employee.
(7)
Act in an unprofessional manner or be discourteous or disrespectful
to members of the public as well as representatives of the Township
of Egg Harbor. While members of the public, especially those whose
motor vehicles may have been towed or impounded, may at times resort
to strong language, threats and unbecoming behavior toward the licensed
tow operator, the licensed tow operator is expected to exercise restraint
and not to respond in kind, and thereby reflect unfavorably on the
Township and/or the Police Department.
F.
Classification of equipment.
(1)
The licensed tow operator must provide with his application a detailed
listing of the equipment to be utilized while on the towing list,
including a listing of equipment demonstrating their capability for
towing heavy trucks, buses and commercial vehicles.
[Amended 10-3-2018 by Ord. No. 43-2018]
(2)
The listing shall include the following information: type of vehicles;
make, model and year of vehicles; vehicle color; VIN number; vehicles
license plate number; storage location of vehicles and whether the
vehicle is owned or leased.
[Amended 10-3-2018 by Ord. No. 43-2018]
(3)
All leased and rented equipment must be permanently located at the
licensed tow operator's base of service at all times during the
term of the contract.
(4)
Each piece of the equipment must meet the minimum standards set forth
herein.
(a)
Equipment that cannot meet these minimum standards shall not
be used for the towing list.
(b)
The licensed tow operator is solely responsible for the safety,
maintenance and operation of each piece of equipment utilized while
on the towing list.
(c)
The licensed tow operator shall provide a minimum of two light-duty
wreckers and two car-carrier vehicles, and one of those vehicles shall
be equipped with four-wheel drive.
G.
Tow vehicles.
(1)
The licensed tow operator shall supply manufacturer's certification
of the lifting capacities of the devices and type of vehicles with
application submission. A certified testing laboratory test result
is also acceptable for rating lift capacity.
(2)
Tow vehicles shall be equipped with two-way radios for communications
with the licensed tow operator's office facilities. These communications
shall be available 24 hours a day.
(3)
Tow vehicles shall be equipped at all times with ANSI certified and
Department of Transportation approved safety vests for operators,
first-aid kits, hand tools, lockout kits or their equivalent, flashlight,
broom, shovel, work gloves and receipts for services rendered. No
additional charge for use of this equipment is permitted.
(4)
Tow vehicles shall be kept in a clean and neat appearance so as to
be reasonably accommodating to persons who may come in contact with
such vehicles.
(5)
Tow vehicles shall have the name, address and telephone number of
the licensed tow operator painted on or permanently attached to both
sides of the tow vehicle in compliance with Motor Vehicle and Traffic
Laws of New Jersey (Title 39 of the Revised Statutes).
(6)
All tow vehicles shall be properly permitted by the State of New
Jersey for the use of flashing amber emergency lights (N.J.S.A. 39:3-50).
Permits shall be in compliance with Motor Vehicle and Traffic Laws
as referenced above. Failure to comply with this regulation will subject
the applicant to immediate disqualification from the rotary tow list
consideration.
(7)
All tow vehicles shall be registered in the name of the licensed
tow operator in compliance with Motor Vehicle and Traffic Laws as
referenced above.
H.
Towing service recordkeeping.
(1)
The licensed tow operator shall record all vehicles towed in a book
kept for such purposes.
(2)
The details of each disabled vehicle towed, serviced or transported,
together with full information on the towed vehicle and the name and
address of the owner and the charges paid for his services shall be
recorded.
(3)
Full information on the towed vehicle shall include, but not be limited
to, the police control number, the vehicle's license number,
VIN registration number, make, model, color and year.
(4)
The record book herein described shall be kept open for inspection
at all times by any duly authorized representative of the Township.
(5)
A monthly towing record containing the information herein stated
above shall be filed with the Police Department setting forth the
details of all tows by vehicle type, date, time of day, sector and
whether additional services were required.
(6)
Each incident shall be reported using the invoice number used for
billing. The form of these reports shall be approved by the Chief
of Police.
(7)
The licensed tow operator shall maintain a record of all personal
property in a towed vehicle that he can observe in sight at the time
the vehicle comes into possession.
(8)
Authorized representatives of the Township shall have access to any
of the records required to be kept by the licensed tow operator.
(9)
There shall be a consecutive, sequential control number assigned
by the Police Department to be used in every instance by the Township
and the licensed tow operators. All forms, communications, etc., shall
use this control number.
(10)
A licensed tow operator's failure to comply with the provisions
listed in this section will be cause for suspension from the rotary
tow list.
[Amended 10-3-2018 by Ord. No. 43-2018]
I.
Policies and procedures.
(1)
The Chief of Police is hereby authorized and empowered to establish
from time to time written policies and procedures as may be reasonable
and necessary to obtain compliance with the terms of this chapter
and the laws of the State of New Jersey. All written policy(ies) promulgated
by the Chief of Police, pertaining to the rotary tow service, shall
be approved by resolution of the Township Committee.
(2)
All regulations, policies and procedures shall be made available
for inspection by the public at the Township Clerk's office during
normal business hours.
[Amended 10-3-2018 by Ord. No. 43-2018]
J.
Disputes and adjustments.
(1)
Complaints by motor vehicle owners of price gouging or any other
objectionable practice by any licensed tow operator will be referred
to the Chief of Police, who shall promptly investigate and resolve
any disputes. Failure of the licensed tow operator to cooperate with
the Police Department in its investigation shall constitute grounds
for revocation of his/her license.
(2)
Any disputes over the interpretation of this chapter, including the
reasonableness of any charges assessed, shall be settled amicably,
if possible, through discussions between the licensed tow operator
and the Police Department.
[Amended 10-3-2018 by Ord. No. 43-2018]
(3)
In cases where the Township has mistakenly directed that a vehicle
be towed or has acted on incorrect information supplied by official
sources, the licensed tow operator will be reimbursed by the Township
only for the minimum applicable towing fee as stipulated herein.
K.
Subcontracts and leases.
(1)
Licensed tow operators may not lease or rent equipment without the
written approval of the Township. The equipment must comply with the
minimum requirements of these specifications, and the contract to
lease or rent equipment must be at least for the duration of service
with the Township. All leased and rented equipment must be permanently
located at the licensed tow operator's base of service at all
times while the licensed tow operator is on the tow list. Copies of
all leases must be filed with the Police Department.
(2)
The licensed tow operator may not subcontract his equipment or portions
of the work to other licensed tow operators.
A.
The following fees are established as being the usual, customary
and reasonable rates which shall be charged for towing and storage
of automobiles defined as basic towing service.
B.
The authorized tow service time shall be based on the time that the
incident was called in to the Police Communications Center, and the
"time stamp" will be the computer-aided dispatch (CAD) entry time.
C.
Towing of vehicle: the automobile's GVWR will be used to calculate
the weight.
D.
Basic towing services provided during the day between the hours of
7:00 a.m. and 5:00 p.m. shall be charged a flat fee of $135.
[Amended 10-3-2018 by Ord. No. 43-2018]
E.
Basic towing services provided during the evening between the hours
of 5:01 p.m. and 6:59 a.m., weekends, or during New Jersey State holidays,
shall be charged a flat fee of $150.
[Amended 10-3-2018 by Ord. No. 43-2018]
F.
Daily storage fee:
(1)
Township storage facility: $20.
(2)
In the event that the owner of a stored vehicle cannot pay for the
storage of the stated vehicle in the Township tow lot, the Chief of
Police or his designee may opt to take the motor vehicle title in
lieu of the storage fee. This will be decided on a case-by-case basis
and dependent upon the situation and facts on hand. The owner is still
responsible for the payment of the towing fee.
|
Daily Storage Fee
| |
|---|---|
|
The maximum allowable amount of storage charges to be charged
per 24-hour period or fraction thereof. Each new 24-hour period begins
at 12:01 a.m.
|
$20
|
(3)
Basic and nonbasic towing fees shall be charged in accordance with
the following schedule:
[Amended 10-3-2018 by Ord. No. 43-2018]
|
Basic Towing Service
|
Basic Towing Service Fee
|
|---|---|
|
Basic towing services provided during the day between the hours
of 7:00 a.m. and 5:00 p.m. shall be charged a flat fee for motor vehicles
with a GVWR of no more than 9,000 pounds
|
$135
|
|
Basic towing services provided during the evening between the
hours of 5:01 p.m. and 6:59 a.m., weekends, or during New Jersey State
holidays, shall be charged a flat fee for motor vehicles with a GVWR
of no more than 9,000 pounds
|
$150
|
|
Nonbasic Tow Service
|
Additional Fees
| |
|---|---|---|
|
Flatbedding Fee is in addition to any basic tow
service fee (as requested by a police officer or as recommended by
the vehicle manufacturer or as required due to extensive damage or
equipment malfunction)
|
$50
| |
|
Winching of Vehicle is in addition to any basic
tow service fee
| ||
|
A distance less than 100 feet
|
$0
| |
|
A distance greater than 100 feet
|
$100
| |
|
Uprighting of Vehicle is in addition to any basic
tow service fee
|
$100
| |
|
Additional Truck with driver is in addition to
any basic tow service fee
|
$50
| |
|
Use of Dolly System is in addition to any basic
tow service fee
|
$50
| |
|
Motor vehicles with a GVWR Under 9,000 Pounds With a Trailer is in addition to any basic tow service fee
|
$50
| |
|
Motor vehicles with a GVWR Over 9,001 Pounds
|
$200
| |
|
Motor vehicles Over 11,500 Pounds' but Under 26,001
Pounds' GVWR
|
$300
| |
|
Motor vehicles Over 26,001 Pounds' GVWR will
be considered non basic tows, and the fee shall be set utilizing the
prevailing rates
| ||
|
Excessive Cleanup is in addition to any basic tow
service fee; this includes car parts that are not able to be cleared
by hand
|
$35
| |
|
Oil Dry, per bag (20 pounds) after the first bag
is used
|
$15
| |
|
Trailers: any trailer that cannot be towed with
an automobile shall be considered a separate tow per the basic tow
rate
| ||
|
Response Cancellation Fee, i.e., "no tow"
|
$50
| |
|
Decoupling fee
|
$50
| |
|
Egg Harbor Township vehicles under 9,000 pounds' GVWR
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$0
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Towing of all Township-owned police vehicles outside
the limits of Atlantic County
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$2 per mile
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Towing of any motor vehicle for investigative purposes at the direction of the on-duty officer in charge. If criminal or
motor vehicle charges result, owner is responsible. If no charges
result a flat fee of $100 will be paid by Township to Tow Company.
This includes original tow to police headquarters, and subsequent
tow to the impound lot.
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$100
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Road Service to Egg Harbor Township police vehicles
(no tow)
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$35
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G.
Fee when electing to drive away; mileage charge for other destination.
(1)
If a rotary tower is called by the Police Department, the above towing charges shall apply even when the operator of a vehicle elects to drive the vehicle after services have been rendered, but payment will be required immediately prior to the release of the vehicle. See the response/cancellation fee scheduling in § 190-7.
(2)
If the vehicle is not drivable, and the destination requested is
not the designated licensed storage facility, then a mileage charge
of $6 per mile from point of tow to the destination will apply in
addition to the tow fees. Payment will be required immediately prior
to the release of the vehicle.
This chapter is not intended to set fees for the towing or storage of trucks and buses. Such service, if requested, shall be billed at reasonable prevailing rates. In the event the licensed tow operator wishes to impose rates for services not included in § 190-7, a list of those fees shall be submitted in advance to the Chief of Police, who shall have the sole discretion in determining reasonable prevailing rates.
[Amended 10-3-2018 by Ord. No. 43-2018]
A.
The towing fees set forth for basic towing service and those billed for nonbasic towing service are the amounts that the licensed tow operator will charge to the vehicle owner or representative. Unless otherwise provided herein, the Township shall never be responsible for payment of any towing charges, except for Township-owned vehicles and/or those towed for investigative circumstances as stated in § 190-7F(3).
B.
In the event that the Police Department requires a vehicle involved
in a crime, a crash involving serious bodily injury or a fatality
to be held for investigation, the Chief of Police may, after review
of all of the circumstances, waive storage fees, or a portion thereof,
incurred up to the date of release.
A.
Licensed tow operators shall be required to purchase, maintain and
provide during the time of service on the rotary list proof of insurance
furnished by a reputable insurance company licensed to do business
in the State of New Jersey, containing the following coverage with
liability limits as set forth below:
(1)
Garage liability/comprehensive general liability insurance policy
in an amount not less than $1,000,000 combined single limit covering
bodily injury and property damage liability, including but not limited
to personal injury, products liability (where applicable), independent
contractor and completed operation coverage.
(2)
Garagekeepers legal liability insurance policy in an amount not less
than $100,000. Said policy must include both comprehensive and collision
and an endorsement to include on hook.
(3)
Automobile liability insurance policy in an amount not less than
$1,000,000 combined single limit covering bodily injury and property
damage liability, including but not limited to owned, nonowned and
hired vehicles.
(4)
Workers' compensation insurance as required by law, including
but not limited to statutory New Jersey workers' compensation
benefits, and employer's liability of at least $100,000.
(5)
Excess/umbrella liability. In the event that garage liability and/or
automobile liability cannot be purchased up to the required limit
of $1,000,000, an excess liability or umbrella liability policy must
be purchased to effect a total liability limit of $1,000,000. Excess
or umbrella liability policies will not be required for garage and
automobile policies that meet or exceed the minimum limit of $1,000,000.
B.
The garage liability and automobile liability policies shall name
the Township of Egg Harbor as additional insured and certificate holder.
C.
A certificate of insurance reflecting the above coverages shall be
submitted with the application to the Township Clerk's office
and the Police Department. Subsequent renewals of coverage shall be
submitted to the Township Clerk's office and the Police Department.
Any policy cancellation notices must be provided to the Township Clerk's
office and the Police Department.
[Added 10-3-2018 by Ord.
No. 43-2018]
The licensed tow operator will execute an agreement to hold
harmless, indemnify and defend, at the licensed tow operator's
expense, the Township, its employees and officials from any and all
claims, demands, suit or action for personal injury or property damage
brought against the Township, its employees and officials for any
activities which arise out of any services performed under this chapter.
A.
Approved licensed tow operators and all of their personnel and equipment
used under the terms of this chapter shall be and remain employees
and property of the approved licensed tow operator.
B.
Approved licensed tow operators shall at all times maintain direct
supervision, management and control over their personnel and equipment,
and in no event shall such equipment and/or personnel be represented
by an approved licensed tow operator as belonging to, employed by,
or an agent of the Township of Egg Harbor.
C.
Approved licensed tow operators shall operate under this chapter
as independent licensed tow operators and in no manner or sense an
agent or employee of the Township of Egg Harbor.
D.
Approved licensed tow operators shall at no time sublet or assign
approval as a tow operator, or any part thereof, for any purpose whatsoever.
Any and all terms or words in this chapter that are deemed to
be ambiguous by a court of competent jurisdiction shall be resolved
with an interpretation that best promotes the Township's interest
in limiting its liability and protecting the health, safety and welfare
of the public.
[Amended 10-3-2018 by Ord. No. 43-2018]
Any licensed tow operator who violates any provision of this
chapter shall, upon conviction thereof, be subject to a fine not exceeding
$2,000 or a term of imprisonment not exceeding 90 days or a period
of community service not exceeding 90 days, or any combination of
the foregoing.
