[HISTORY: Adopted by the Township Committee of the Township
of Mansfield 1-28-2008 by Ord. No. 2009-03. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A private passenger motor vehicle or any vehicle included
in the definition of automobile under N.J.A.C. 11:3-22.2.
The removal and transportation of an automobile 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 an automobile 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.
Includes all vehicles propelled otherwise than by muscular
power, but shall exclude motorcycles and such vehicles as run only
upon rails or tracks.
The Township of Mansfield.
A person engaged in the business of towing and storing automobiles
and other motor vehicles, or offering the services of a tow vehicle
or tow truck and storage services.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles, employed for the purpose of towing, transporting,
conveying and/or removing motor vehicles which are unable to be operated
under their own power from one place to another for which a charge
or fee is extracted.
A.
No person shall engage in the business of towing or storing automobiles
or other motor vehicles at the direction of the Township of Mansfield
without first obtaining approval and a Township tow operator's
license from the Township of Mansfield. The Township of Mansfield
is hereby authorized to issue up to a maximum of six tow operator's
licenses at any one time pursuant to this chapter.
B.
Nothing herein shall require the rendering of road service or for
the provision of towing and storage services within the Township other
than at the request of the Township.
A.
Licensed towers shall furnish adequate and proper wrecking, towing,
storage and minimal or minor emergency repair services to automobiles
and other motor vehicles damaged or disabled within the limits of
the Township when requested to do so by the Chief of Police or his
authorized designee. The Chief of Police may require that said vehicle
to be towed to a Township-operated facility, if any.
B.
No licensed tower shall subcontract any work to be performed pursuant
to this chapter without having first obtained prior written approval
from the Chief of Police. Any tower to whom approval to subcontract
work has been given shall be responsible for the services performed
by the subcontractor and shall remain liable for any violations of
this chapter by the subcontractor.
A.
Applicants for a tow operator's license under this chapter shall
file an application with the Chief of Police. The form of the application
shall be furnished by the Chief of Police, and applicants are responsible
for securing these applications. There shall be paid at the time of
submission of the application a nonrefundable one-time application
fee of $75. The application shall include the following information
and certification:
(1)
The full name and address of the applicant and, if different, the
owner(s) of the towing service. The application must state the type
of business entity which is operating the business, i.e., sole proprietorship,
partnership or corporation. If the application is made for a corporation,
it shall state the name and addresses of the officers and directors
thereof, its registered agent and the names and residential addresses
of every stockholder owing more than 10% of the issued stock. If the
application is made on behalf of a sole proprietorship or partnership,
all parties having an equity interest in the towing service shall
be listed.
(2)
The year, make and type of each tow vehicle used in said business,
its serial number, registration number and registered owner(s) and
applicable licenses held by each owner or operator.
(3)
The address where each tow vehicle shall be regularly garaged, the
telephone number or numbers and the hours during which service is
available at those numbers, and the names, addresses and New Jersey
driver license numbers of all operators.
(4)
The location, size and features of the storage lot or space in which
towed vehicles will be stored, including the number of spaces available.
The storage lot(s) shall be designated either as:
(a)
Inside building, a vehicle storage facility that is completely
indoors, having one or more openings in the walls for storage and
removal of vehicles that is secured by a locking device on each opening;
(b)
Outside secured, a vehicle storage facility that is not indoors
and is secured by a fence, walls or other man-made barrier that is
at least six feet high and is installed with a passive alarm system
or a similar on-site security measure. The facility is to be lighted
at night; or
(c)
Outside unsecured, a vehicle storage facility that is not indoors
and is not secured by a fence, wall or other man-made barrier, and
all other storage facilities not defined above as inside building
or outside secured.
(5)
The name and address of the insurance carriers, and the policy numbers
of all insurance policies as required by this chapter.
(6)
A copy of the operator's current fee schedule for towing and
storage services.
(7)
A statement that on-call towing and storage services will be available
24 hours per day, every day of the year.
(8)
A statement that the procedures required by this chapter shall be
complied with at all times.
(9)
A statement that all tow vehicles are equipped with two-way radios
or cellular phones.
(10)
A statement that the Chief of Police or his designee may at
any reasonable time conduct an inspection of the tow vehicles or storage
facility of any applicant for the purpose of determining compliance
with this chapter.
(11)
Whether the tower wishes to be designated as a light-duty tower
or heavy-duty tower, or both.
(12)
Such other information as the Chief of Police may prescribe.
In this regard, applicants shall be responsible for the costs of fingerprinting
and background checks as required by the Chief of Police.
The following minimum standards must be met for each class of
towers:
A.
Light-duty. A light-duty tower shall be able to handle all makes
of passenger cars and small trucks up to one ton, such as pickup and
small panel trucks. The garage from which a light-duty tower originates
must be equipped with a portable car dolly. Each light-duty tower
shall be equipped with the following:
(1)
Dual rear wheel or equivalent.
(2)
Power-take-off controlled winch with a minimum cable thickness of
3/8 inch or equivalent.
(3)
Comparable weight equal to the vehicles to be towed, with a minimum
of 10,000 pounds.
(4)
A three-eighths-inch safety chain. The lift chain and safety chains
shall not be attached in any form or manner to the same part of the
wrecker.
(5)
Two double-faced rear flashing amber lights mounted high enough to
be seen over the towed vehicle.
(6)
A three-hundred-sixty-degree rotating amber beacon light mounted
over the cab.
(7)
All lights shall be of such candle power and intensity as to be visible
1/4 of a mile away or shall be equal to the candle power of the lights
on Township police vehicles.
(8)
Tower shall own at least two flatbed trucks and one conventional
wrecker for the removal of vehicles from roadways. A flatbed truck
will be used when, in the opinion of the tower and the police officer
on the scene, to tow the vehicle by conventional means would result
in further damage.
B.
Heavy-duty. All towers classified as heavy-duty shall be equipped
with the following:
(1)
Dual rear wheels.
(2)
Manufacturer rating: gross vehicle weight of 32,000 pounds. Manufacturer
rating may be obtained from the factory where the truck originates.
Other written evidence of gross vehicle weight may be accepted by
the Township if verified.
(3)
Power-take-off controlled winch with a minimum cable thickness of
5/8 inch.
(4)
Two double-faced rear flashing amber lights mounted high enough to
be seen over the towed vehicle.
(5)
All lights shall be of such candle power and intensity as to be visible
1/4 of a mile away or shall be equal to the candle power of the lights
of a Township police vehicle.
(6)
A one-half-inch safety chain. The lift chain and safety chain shall
not be attached in any form or manner to the same part of the wrecker.
(7)
Air brakes.
(8)
Connecting air lines for connection with the compressor and air brake
lines of the towed vehicles.
(9)
Detachable amber flashing lights attached to the rear of the towed
vehicle.
(10)
Two-speed rear axle and differential or dual transmission, five-speed
transmission or automatic transmission.
A.
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 whether the applicant meets the following
minimum standards:
(1)
Neither the applicant nor any tow vehicle operator has any criminal
convictions or prior motor vehicle infractions which might adversely
affect safety or welfare.
(2)
The applicant has the ability to respond to any request for assistance
within 30 minutes.
(3)
The applicant can provide on-call towing services 24 hours per day,
every day of the year.
(4)
The tow trucks and equipment are in safe and sound condition and
in compliance with all applicable laws, rules and regulations.
(5)
The applicant has the ability to perform mechanical inspections of
and minor repairs to disabled vehicles.
(6)
The applicant owns or has a valid lease to a storage facility in or within five miles of the Township in an area legally zoned for such use, and such storage facility includes a minimum of six secured outside and/or inside parking spaces for the storage of impounded vehicles. The definitions related to the various types of indoor and outdoor storage facilities set forth in § 313-4A(4) shall be applied to determine operator compliance with this provision.
(7)
The applicant is in compliance with and/or has the ability to comply
with all other requirements and standards set forth herein or otherwise
required by law.
B.
The Chief of Police shall conduct his review and render a report
to the Township Committee, recommending either approval or denial
of the application within 60 days of receipt of the application and
if there is a viable reason given to the Township Committee, they
may grant the Police Department an extension of 30 days. Within 21
days of receipt of the report of the Chief of Police, the applicant,
or its representative, shall be given notice of the date on which
the Township Committee will consider the application and shall be
permitted to appear and be heard at that time.
C.
Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Township Committee.
A.
Approvals issued under this chapter may be revoked by the Chief of
Police after reasonable notice and hearing pursuant to this chapter
for any of the following reasons:
(1)
False or materially inaccurate information in the application, or
a change of circumstances which would have caused disapproval of the
application if existing at the time of the approval.
(2)
Failure to comply with any of the requirements of this chapter, any
additional regulations promulgated by the Chief of Police or any state,
federal or local law relating to motor vehicle operation.
(3)
Unsatisfactory service which jeopardizes public safety. More than
three unexcused failures to respond and/or valid complaints (as determined
by the Chief of Police after investigation) within a twelve-month
period shall be considered grounds for revocation.
B.
Revocation shall be in writing and shall include the reasons therefore
and notice of the licensee's right to appeal to the Township
Committee.
Any person aggrieved by the action of the Chief of Police in
denial of an application, suspension from the Township on-call towing
list, or suspension of tow operator's license, may appeal to
the Township Committee by filing with the Office of the Clerk, within
14 days after notice of the action complained of has been mailed to
such person's last known address, a written request for a hearing,
setting forth fully the grounds for the appeal. The Committee will
set a time and place for a hearing on such appeal, and notice shall
be served on or mailed to the applicant or licensee at least five
days prior to the hearing.
A.
Every licensed operator shall carry insurance as follows:
(1)
Comprehensive vehicle liability in an amount not less than $1,000,000
combined single limits.
(2)
Workers' compensation coverage as required by state law.
(3)
Garage keeper's liability in an amount not less than $60,000.
(4)
Garage liability in an amount not less than $1,000,000 combined single
limits.
(5)
Comprehensive general liability coverage in an amount not less than
$1,000,000 for each person and $2,000,000 for each accident.
(6)
Endorsements providing for collision coverage for vehicles in tow.
(7)
Endorsements incorporating the indemnification provision as set forth
herein.
(8)
Endorsements naming the Township as an additional insured in all
insurance policies (except workers' compensation policies).
B.
All tow operators shall hold harmless and indemnify the Township,
its officers, employees and agents, from any and all liability claims,
losses or damage arising or alleged to arise from the performance
of the towing services requested of or rendered by the licensee. The
foregoing indemnification language shall be incorporated in the required
general comprehensive liability policy.
C.
All insurance policies shall be written by insurance companies acceptable
to the Township and authorized to do business in the State of New
Jersey.
D.
No approval shall be issued until the applicant has submitted the
certificates of insurance evidencing the insurance coverage and endorsements
required. All certificates must provide for 30 days' prior written
notice to the Township of policy cancellation or material change.
E.
Any approval shall be issued under this chapter will be automatically
revoked upon expiration or cancellation of the required insurance,
or material change in coverage which renders that coverage not in
compliance with the requirements of this chapter.
A.
The Chief of Police shall maintain a list of those approved tow operators
to respond to calls from the Township Police Department. In order
to be included on the on-call towing list, an applicant must meet
all of the requirements of this chapter.
B.
Calls to tow operators on the on-call list shall be made on a nondiscriminatory
rotating basis, pursuant to procedures established by the Chief of
Police. The Chief of Police or his designee may call a tow operator
out of sequence or seeking the services of a tow operator not on the
on-call list if the circumstances require specialized equipment or
if the interests of public safety so require.
C.
The fees to be charged for towing and storage services shall be as
set forth in this chapter. The Township shall not be liable for the
cost of any towing and/or storage services, unless those services
are performed for a municipal vehicle.
D.
Inclusion on the on-call towing list shall be automatically revoked upon revocation of tow operator's license. The Chief of Police may also suspend a tow operator's inclusion on the on-call towing list for such period of time as he considers appropriate for violations of this chapter, after a hearing on such violations. Suspensions may be appealed pursuant to the procedures set forth in § 313-8.
E.
Nothing in this section shall prohibit a motorist or vehicle owner
from summoning a tow operator of his or her own choosing, except that
any Township police officer at the scene of an incident requiring
towing services shall be responsible for making the final determination
as to when towing shall take place and which tow operator shall be
called.
F.
All vehicles towed at the request of the Township must be removed
to an approved storage facility in the State of New Jersey, unless
the owner or operator of the vehicle specifically requests that it
be towed to another destination. Any Township police officer at the
scene shall be responsible for making the final determination as to
the towing destination.
Upon receipt of notice by the Clerk that an application has
been approved and classified and upon the payment of the license fee
designated herein, the Township Clerk shall issue a Township of Mansfield
tow operator's license, designated "light-duty" or "heavy-duty"
or both.
Fees and rates for towing and storage of motor vehicles shall
not exceed the following limits:
A.
Light-duty day rate (8:00 p.m. to 5:59 p.m.): $85 to $125 per towing
vehicle dispatched, plus any fees for additional services performed
and mileage ($4 per mile) from the scene.
B.
Light-duty night rate (6:00 p.m. to 8:00 a.m.): $100 to $175, plus
any fees for additional services performed from the scene and mileage
($4.50 per mile). The night rate shall apply on Sundays and legal
holidays in the State of New Jersey.
C.
Medium towing. For motor vehicles with gross weight between 10,000
pounds and 26,000 pounds: $175 to $250 per hour with a minimum of
one hour per towing vehicle dispatched, regardless of the time of
day and mileage ($5 per mile).
D.
Heavy-duty towing. For motor vehicles with a gross weight over 26,000
pounds which can be moved with a conventional wrecker, $350 to $500
per hour and mileage ($6 per mile). Minimum one hour per towing vehicle
dispatched, regardless of the time of day.
E.
For motor vehicles with a gross weight over 26,000 pounds where under-reach
towing is required, $450 to $600 per hour and mileage ($6 per mile).
Minimum one hour per towing vehicle dispatched, regardless of the
time of day.
F.
No mileage shall be charged if the vehicle is towed to the tow operator's
storage facility or to any location requested by the owner that is
located within the Township of Mansfield.
G.
Mileage may be charged should the owner request that the vehicle
be towed to another location outside the Township of Mansfield, but
the operator must first obtain the owner's approval of the operator's
applicable mileage rate. No person shall be liable to any tow operator
for any mileage fee in excess of the operator's fee schedule.
H.
Rates for road service shall not exceed the following:
(1)
Motor vehicles with a gross vehicle weight of less than 10,000 pounds:
$75 to $125 per hour day rate and $125 to $150 per hour night rate,
with one hour minimum charge, plus costs of any materials used, including
but not limited to, gasoline.
(2)
Motor vehicles with gross vehicle weight greater than 10,000 pounds:
$100 to $125 per hour day rate and $125 to $175 per hour night rate,
with one hour minimum charge, plus costs of any materials used, including
but not limited to gasoline.
I.
Storage fees shall not exceed $30 per day, or any part thereof, for
outside unsecured storage of motor vehicles under 22 feet in length
and shall not exceed $75 per day, or any part thereof, per unit, for
all other motor vehicles.
J.
Storage fees shall not exceed $35 per day, or any part thereof, for
outside secured storage of motor vehicles under 22 feet in length
and shall not exceed $85 per day, or any part thereof, per unit, for
all other motor vehicles.
K.
Storage fees shall not exceed $40 per day, or any part thereof, for
inside secured storage of motor vehicles under 22 feet in length and
shall not exceed $100 per day, or any part thereof, per unit, for
all other motor vehicles.
L.
Sixty-five dollars to $75 for extra help if needed per hour and any
additional equipment necessary to clear roadway of debris is extra
charge. All rates are subject to weather conditions. Winching and
recovery charges are subject to conditions pertaining to accident
scene and weather conditions.
M.
Prior to hookup or flat-bedding of a motor vehicle, the tow operator
shall present a copy of its fee schedule to the owner or operator
of the vehicle. The fee schedule shall also contain the name, address
and telephone number of the tow operator and a statement of the hours
when the motor vehicle may be claimed.
N.
Operators licensed by the Township may petition the Township Committee
for changes in the fee limits established herein based upon inflation,
reasonableness and economic need.
The Chief of Police shall promulgate such rules, regulations
and procedures, not inconsistent with this chapter, as may be reasonable
and necessary to carry out the provisions of this chapter. Copies
thereof shall be provided to all approved tow operators and shall
be made available to the public, along with copies of current fee
schedules, during normal business hours. Failure to comply with applicable
rules, regulations and procedures may be cause for revocation of a
tow operator's approval.
The Chief of Police is hereby designated to enforce the provisions
of this chapter and any applicable rules and regulations.
Within 10 days of notice of approval of the license, the applicant
shall pay the following fees to the Township:
