[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 9-13-1989 by Ord. No. 89:08; amended in its entirety 11-22-2010 by Ord. No.
2010:09. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough
of Somerdale Towing Ordinance."
The purpose of this chapter is to protect the public health,
safety, morals and welfare by establishing procedures, requirements
and fees for towing operators for towing, road services and storage
at the request of the Police Department of the Borough of Somerdale
and providing fines and penalties for violation thereof.
A.
Word usage.
(1)
When not consistent with the context, words used in the present tense
shall include the future tense; words in the plural number shall include
words, in the singular number; and words in the singular number shall
include the plural number.
(2)
The word "shall" is always mandatory and not merely directory.
B.
BOROUGH
LICENSED TOWER
PERSON
As used in this chapter and unless otherwise indicated by the context,
the words or terms herein shall have the meanings indicated:
The Borough of Somerdale, County of Camden, State of New
Jersey.
One or more towing operators approved by the Police Chief,
to provide towing, road service and storage at the request or call
of authorized personnel of the Police Department in cases of emergency
or an accident involving motor vehicles or for abandoned or illegally
parked vehicles.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Towers shall be selected pursuant to completed applications,
such applications to be received by December 1 of each year and to
be approved by the Chief of Police by January 31 of each year, pursuant
to the following procedures:
A.
A tower interested in being licensed by the Borough shall submit
a sworn application on the form provided by the Police Department.
In order to reduce file space and a reduction of paper, the applicant
shall be responsible to ensure that the application and all supporting
documents are scanned and converted to a PDF format. Such application
shall be submitted via e-mail to the Chief of Police. The application
shall not be deemed submitted unless a reply e-mail has been received
by the applicant that the Chief of Police has received the application.
Incomplete applications or applications missing required documents
or information will not be considered. A certificate of insurance
covering the operations to be performed under this chapter, proof
that any towed and stored vehicle shall be kept in a secure compound
or lot and all other similar documents or items that are required
by this chapter to show compliance with the provisions of this chapter
or that may be required by the Police Chief to assure the necessary
capacity and ability to perform the services needed by such an operator
shall be provided.
B.
Approval as a licensed tower shall expire on January 31 of the following
year. Renewal is permissible upon the complete submission of current
documents as required and set forth by this chapter.
C.
The status as a licensed tower shall not be transferable. Upon the
sale or transfer of a towing business, approval as an authorized tower
of the Borough of Somerdale shall be null and void.
D.
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. Selection by the Chief of Police as an approved or licensed tower under this chapter shall be made in accordance with the ability and capacity of the applicant to conform to or otherwise meet the provisions of this chapter, based upon, but not limited to, the application and supporting documents submitted therewith. Any such selection by the Chief of Police shall be solely at the discretion of Chief of Police, after a fair review of the submitted documents, and with due consideration for past performance, including compliance with the Borough Code and other applicable laws or regulations, such as Chapter 197, Property Maintenance. Selection by the Chief of Police as an approved or licensed tower under this chapter shall be made after completion of all background checks by the Somerdale Police Department and after the review of all documents in support of the application by the Borough Solicitor, with the written approval thereof. The Police Chief shall be the municipal officer designated to enforce the provisions of this chapter in accordance with due process of law.
E.
Upon approval by the Chief of Police, a tower shall be placed on
a list to be utilized by the Somerdale Police Department on a rotating
basis, with a switch of towers every month, if there is more than
one approved tower.
F.
Subcontracting of the police towing shall not be permitted in any
way, shape or form, and any violation of this provision will result
in immediate removal from the approved towers' list.
G.
In the event the Borough is left without an authorized tower, the
Chief of Police is authorized to assign such work to any tower which
has been found qualified to perform such functions by a neighboring
municipality. In the event that this is a permanent situation, the
Chief shall pursue an application process as above. In the event this
is a temporary situation, the replacement tower may remain in place
until the end of the calendar year.
[Added 10-29-2019 by Ord.
No. 2019:08]
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 actions, reverse them, modify
them, and/or add conditions. Any aggrieved tower desiring such a hearing
shall file with the Borough Clerk a written statement requesting same
and setting out the factual basis for the appeal, and paying a fee
of $300, all or a portion of which may be refunded by Mayor and Council
in the event of a reversal or modification of the Chief's decision.
An approved tower of the Borough of Somerdale, in order to be
selected as a licensed tower, shall comply with the following minimum
standards:
B.
A completed and accurate application (form to be provided by the
Police Department), stating under oath the following information,
shall be provided to the Borough of Somerdale:
(1)
The owner's name, social security number, telephone number,
home address, date of birth, two forms of government ID, recent credit
report and proposed or actual business address of the owner applicant.
(2)
A description of all wreckers owned or leased by the applicant to
be used, including year, make, model, type, serial number of body
and motor capacity and the length of time for which the wrecker has
been in use as a wrecker.
(3)
Proof that the applicant has available space, including inside storage,
for properly accommodating and protecting all disabled or impounded
motor vehicles to be towed or otherwise removed from the place where
they are disabled or impounded and that the disabled or impounded
vehicles will not be stored or allowed to remain on public property
or Borough-owned streets or on any property without the consent of
the owner. The following information shall be provided in proof of
this requirement:
(a)
Information regarding the capacity of the storage facility.
(b)
Height and construction of security fence.
(c)
Lighting provided for security in storage area.
(d)
Proof of ownership or lease of storage.
(e)
Location of storage area and/or facilities.
(f)
Proof of legal use and zoning of storage area.
(g)
Hours of operation of storage facility, with hours of access
and release of vehicles for the public.
(h)
Copy of the proposed storage area's most recent survey.
(4)
The names, social security numbers, dates of birth, home addresses,
telephone numbers and two forms of government identification, and
a recent credit report, of all personnel to be engaged by the applicant
in the towing operation or employees having access to stored vehicles.
At any time that the applicant hires new personnel during the course
of the approved year, the applicant shall file an amended application
providing this information within two weeks after such hire.
(5)
The owner applicant shall provide the Borough of Somerdale a certified
New Jersey motor vehicle abstract of all proposed operators of tow
equipment.
(6)
The Chief of Police or his designee shall have full access to all
areas of the approved storage facility for inspection, and any employee
on the facility grounds must produce identification upon request.
(7)
Copies of all legal documents, duly filed or recorded, evidencing
the nature, trade name and/or legality of the applicant.
(8)
Proof of ownership or lease of all wreckers or tow trucks to be utilized
in the towing operation pursuant to this chapter.
(9)
Such other information which the Police Chief shall deem necessary
or proper to effectuate the purpose of this chapter and to determine
whether there has been compliance with the terms thereof.
C.
A satisfactory background check, performed by the Somerdale Police
Department, shall be made. An applicant owner and all employees shall
cooperate fully with the Police Department and shall provide whatever
documents or information that may be requested pursuant to said background
check. Applicants must submit to required fingerprinting by the State
Police-approved vendor and supply notarized release authorizations.
No tower shall be approved who has been convicted of a crime or who
employs as part of his towing or storage operation someone who has
been convicted of a crime unless specifically waived by the Mayor
and Council for cause. Fingerprint results not received prior to the
approval deadline for approved towers will result in denial of placement
on the approved towers' list.
D.
All approved towing operations shall be able to respond to an emergency
call from the Somerdale Police Department within 10 minutes and shall
therefore be located within such a proximity to the Borough as to
be so available for such emergencies.
E.
Registration with the Department of Community Affairs.
F.
Towing schedule of fees.
Type
|
Fee
| |||
---|---|---|---|---|
Towing application
|
$50
| |||
Towing charges
| ||||
Tow fee (whether regular tow truck or flatbed)
|
$80
| |||
Storage fees (per day)
| ||||
Indoor storage
|
$22
| |||
Outdoor storage
|
$22
| |||
Storage fees (maximum to be charged to Borough per N.J.S.A.
40:48-2.50)
| ||||
1st 30 days
|
$3
| |||
31st day and any thereafter
|
$2
| |||
Limit per vehicle stored without wavier
|
$400
| |||
Sunday impound pickup
|
$20
|
It shall be an unlawful practice and a violation of N.J.S.A.
56:8-1 et seq. for any person to charge rates which are discriminatory
or are not usual, customary and reasonable rates for the towing and
storage of motor vehicles. The Mayor and Council reserve the right
to amend the Schedule of Fees by resolution
|
G.
Ability to respond to a service call within the Borough within 10
minutes.
H.
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 interior storage spaces.
I.
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 the proper required police release form.
J.
The operator must own and maintain enough equipment and possess adequate
resources to remove two vehicles from the roadway for whatever reason
deemed necessary by the Police Department.
K.
The operator must reveal all other contracted towing that is current
with other municipalities and must have a minimum of two eligible
tow vehicles and two eligible employees for each contracted municipality.
An approved tower shall comply with the following rules and
regulations:
A.
The owner shall be notified by the Police Department for the removal
of all vehicles, whether considered abandoned, disabled or impounded.
The tower must arrive prepared to remove all vehicles within 10 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.
B.
In the event that the owner of a vehicle also arrives at the scene
to which 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.
C.
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.
D.
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, the tower will be required to tow certain wrongfully
vehicles back to the initial towing site.
E.
The tower shall tow municipal vehicles for no charge and change flat
tires on any vehicle assigned to the Police Department, free of charge,
at any time. Spare tires must be retrieved from the Borough's
tire storage facility which will be located within the Borough.
F.
Cleanup of all accident debris at the scene of an accident emanating
from said accident shall be done promptly in accordance with N.J.S.A.
39:4-56.8.
G.
Charges for services shall be made in accordance with the established
fees and charges set by the Borough of Somerdale in the Fee Ordinance[1] and § 240-5F. Such fees and charges shall be posted on the premises of the towing operation, which rates are to be clearly visible to the customers. A copy of said fees and charges is to be provided to the public upon request. In addition, a copy of the Fee Schedule shall be available to the public during the normal business hours of the Borough.
I.
All wreckers shall be in a thoroughly safe and sanitary condition,
properly licensed and equipped in compliance with Title 39 of the
Statutes of the State of New Jersey and shall, in addition, comply
with the following minimum standards:
(1)
A wrecker shall be able to handle all makes of passenger cars and
small trucks, such as pickup and small panel trucks up to 1 1/2
tons.
(2)
All wreckers shall be a minimum of 3/4 ton according to the manufacturer's
specifications.
(3)
A wrecker shall have a power-takeoff-controlled winch with a minimum
cable thickness of 3/8 inch or equivalent.
(4)
Each wrecker shall have a gross weight equal to the vehicles to be
towed, with a minimum of 5,500 pounds.
(5)
Each wrecker shall have a three-eighths-inch safety chain. The lift
chain and the safety chain are not to be attached in any form or manner
to the same part of the wrecker.
(6)
Each wrecker shall have front and rear flashing hazard lights.
(7)
Each wrecker shall have a three-hundred-sixty-degree rotating amber
beacon light mounted over the cab or approved light bar with a permit
issued by the state of New Jersey.
(8)
All lights shall be of such candlepower in intensity as to be visible
1/4 mile away.
(9)
All companies will have the company name, address and phone number
permanently affixed (in letters and numbers a minimum of three inches
high) on both sides of each wrecker. Magnetic signs are strictly prohibited.
There shall be no marking on the trucks indicating affiliation with
Police Department such as "official police towing."
(10)
Each wrecker shall be equipped with a portable car dolly and
sufficient equipment to clean up the debris on the roadway.
(11)
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,
New Jersey Motor Vehicle Inspection Station or it's designee.
(12)
The Police Chief may order any previously approved tow vehicles
to be inspected by New Jersey Motor Vehicles if he has reason to believe
that the tow vehicle is in violation of the predetermined inspection
standards set forth by New Jersey Motor Vehicles even if such vehicle
currently displays a valid inspection sticker. The ordered tow vehicle
shall be taken out of service until proof of reinspection has been
satisfied.
J.
All drivers shall carry business cards, which shall be given to the
owner/driver of every vehicle to be towed.
K.
Every driver of a wrecker shall give the owner/driver of the vehicle
a written receipt for the fee paid.
L.
All drivers must present a valid New Jersey driver's license
upon request by law enforcement so that the driver can be cross-checked
with the approved towers' list.
M.
No person shall pay any gratuity, tip or emolument to any third person
not involved in the accident or to any police officer for any information
as to the location of any accident or for soliciting the employment
of the operator's services nor give any gratuities, fees or other
compensation or gifts to any members of the Police Department.
N.
The owner or operator shall maintain a ledger of all towing or wrecking
jobs handled, the name of the owner or operator of the towed vehicle,
if known, the charges made for the service, and the date and amount
of payment, for review by the Police Chief at his request.
O.
The towing operator is responsible at all times for the security
of the storage facility and shall provide safe storage for any towed
vehicle.
(1)
The towing operator is responsible to be open to the public on weekdays
during normal business hours and limited hours (at least three hours)
on Saturdays.
(3)
The towing operator is responsible for the removal of all vehicles
needing to be towed from the public rights-of-way within the Borough
of Somerdale, including those vehicles that may exceed the capacity
of the wrecker as set forth in § 240-6D(1) above, even if
a special, outside towing operator needs to be involved.
(4)
The Borough shall not be responsible for any unclaimed fees or costs
that the approved tower has incurred for any police ordered impounds.
(5)
On occasion, a 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.
(6)
The 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.
(7)
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
a "police hold" is marked on the tow form. The vehicle owner shall
have the right to take photos of the stored vehicle for insurance
purposes at no cost to the vehicle owner. Any property removal disputes
will be referred to the Police Department. Access to the facility/yard
must be given to the owner with the consent of police.
P.
Agreement to follow the regulations established by the Chief of Police,
which regulations may be amended and/or modified by the Chief.
A.
No towing operation shall be approved hereunder unless there shall
be provided to the Police Chief the following insurance policies or
certificates of insurance:
(1)
Auto garagekeeper's policy. An auto garagekeeper's legal
liability policy covering fire, theft and explosion in the minimum
amount of $100,000 and collision coverage subject to a deductible
of $500, with each accident deemed a separate claim.
(2)
Garage liability policy. A garage liability policy covering the operation
of the applicant's equipment or vehicles for any bodily injury
or property damage. This policy shall be in the minimum amount of
$100,000/300,000.
(3)
Automobile liability policy. An automobile liability policy covering
general liability in the minimum amount of $1,000,000, single limit.
Collision coverage for vehicles in tow shall be provided.
(4)
Workers' compensation policy. A workers' compensation policy
as required by New Jersey statutes.
B.
Each policy required must contain an endorsement providing 30 days'
notice to the Borough in the event of any material change or cancellation
for any cause.
C.
In the event that the policy is changed so as to fail to conform
to the above requirements or if any policy or any approved towing
operation is canceled for any reason, the Police Chief shall notify
the person responsible for the policy within 10 days after the notice
is received and before the date of cancellation. If the policy or
certificate is not corrected, reinstated or replaced within the required
time, the Police Chief shall immediately suspend the approved status
of the tower.
D.
The Borough of Somerdale must be named as an additional insured under
the liability portion of the insurance coverage.
E.
Indemnification and liability.
(1)
The approved tower shall indemnify and hold harmless the Borough
for liability from any and all obligations, liabilities, judgments,
claims and demands for personal injuries, including wrongful death,
as well as all claims for damages to property which may arise out
of this agreement and the work performed hereunder, provided that
the same results from the negligent actions or omissions of the approved
tower.
(2)
The approved tower further agrees to save and hold harmless the Borough
and to defend at its own cost and expense any such claims or lawsuits
instituted by third parties against the Borough, provided that the
same results from the negligent actions or omissions of the approved
tower.
Nothing in this chapter shall prevent the owner, agent or lessee
of a vehicle which is disabled from calling a wrecker or tower of
his choice to remove his vehicle, if it is able to be done without
causing a public safety hazard and can be accomplished in a reasonable
amount of time.
The Police Department shall have the power to require an approved
tower to remove vehicles where:
A.
There is obstruction of a public right-of-way or private property.
B.
It is reasonable to believe that the vehicle is unsafe to operate.
C.
A vehicle has been vandalized or presents a fire or safety hazard
or an attractive nuisance.
D.
An abandoned vehicle bears no discernible registration or identification
data.
E.
An abandoned vehicle is not licensed or operable.
F.
A vehicle is violating any emergency no-parking provision.
G.
Any other condition where permitted or required by law.
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. to 4:30 p.m., Monday through Friday, and 9:00 a.m. to 12:00
noon, Saturday, except for legal holidays. It shall be the responsibility
of the Police Department to notify the owners of vehicles not present
during impound, 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. The 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 the 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.
A.
The tower shall maintain records of all vehicles towed, stored, and
released by him, as well as all services rendered while performing
services under this chapter.
A.
The 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. The 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:
(1)
The date the vehicle was towed by the contractor.
(2)
The name of the tow truck operator.
(3)
The vehicle identification number.
(4)
The license plate number.
(5)
The state the vehicle is registered in.
(6)
The make of the vehicle.
(7)
The model of the vehicle.
(8)
The color of the vehicle.
(9)
The release date of the vehicle.
(10)
The date the vehicle was moved to Borough-owned/leased storage.
(11)
The final disposition of the vehicle.
C.
The Police Department will provide a tow log form to the tower to
be used by the tower to document towed vehicles.
Whenever an owner of a motor vehicle that was towed by an approved tower pursuant to the power vested in the Police Department by § 240-9 above has a complaint regarding the towing, storage or other services provided (or not provided by the Police Department), the Chief of Police is hereby empowered to mediate and otherwise resolve any such dispute between the motor vehicle owner and the approved tower, utilizing the services of the Borough Solicitor as needed. In the event that any such dispute is not readily resolved between the approved tower and the motor vehicle owner, then the owner may petition the Mayor and Council for a hearing to review the dispute. Any decision of Mayor and Council shall be deemed final.
A.
Any person who violates any provision of this chapter may be removed
from the approved towing list and, in addition, upon conviction, shall
be subject to a fine of not more than $1,000 but of at least the minimum
amount of $100 and/or imprisonment for a term not to exceed 90 days
and/or a period of community service not to exceed 90 days for each
offense. Each violation shall constitute a separate offense and shall
be charged as a separate offense.
B.
Notwithstanding the above, any person, including any approved tower, or any employee, officer or agent thereof, who engages in a pattern or practice of knowingly violating the fee limits set in § 240-11 above shall be liable for a civil penalty of not less than $25 or more than $50 for each motor vehicle stored with the operator.