Township of Winslow, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Winslow 5-19-1992 by Ord. No. O-10-92. Amendments noted where applicable.]
[Amended 10-15-2019 by Ord. No. O-2019-022]
The towing and storage of motor vehicles, abandoned, damaged, stolen, impounded, or otherwise determined by the Police Department to require lawful removal and/or storage, within the Township of Winslow shall be performed by towing operators qualified and licensed pursuant to the provisions set forth below on a rotating basis without competitive bid.
[Amended 4-25-1995 by Ord. No. O-19-95; 4-26-2016 by Ord. No. O-2016-007A]
As used in this chapter, the following terms shall have the meanings indicated:
AUTOMOBILE
A private-passenger automobile of a private passenger or station wagon type that is owned or hired and is neither used as a public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body, or delivery sedan, a van, or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the owner other than farming or ranching. An automobile owned by a farm family copartnership or corporation, which is principally garaged on a farm or ranch and otherwise meets the definitions contained in this section, shall be considered a private-passenger automobile owned by two or more relatives resident in the same household.
BASE OF SERVICE
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
BASIC TOWING SERVICE
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, including, but not limited to, arriving at the site, 15 minutes' waiting time, hooking a motor vehicle to, or loading a motor vehicle onto, a tow truck, situating the motor vehicle in the space in which it will be stored and such other ancillary services as set forth in N.J.S.A. 56:13-9 and N.J.A.C. 13:45A-31.2, 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.
CANCELATION
The canceling of the requested towing vehicle prior to its arrival on scene.
CONSUMABLES
Items necessary for the proper functioning of a motor vehicle, including, but not limited to, gasoline, oil, antifreeze, transmission or brake fluid.
IMPOUNDMENT
The act of storing and confining a vehicle upon an order of the Police Department at either the tow operator's storage area or at a Township facility as a result of abandonment, involvement in an accident or suspected criminal activity or as otherwise required and/or provided by law.
INSIDE SECURED
A vehicle storage facility that is completely indoors, having one or more openings in the walls for storage and removal of vehicles and that is secured by a locking device on each opening.
MOTOR VEHICLE
All vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks, motorized bicycles, motorized scooters, motorized wheelchairs and motorized skateboards.
MOTOR VEHICLE ACCIDENT
An occurrence in which a motor vehicle or automobile, as defined herein, is damaged or comes in contact with any other object, as a result of which the motor vehicle or automobile must be towed or removed for placement in a storage facility. This includes damage caused by vandalism, fire, or drunken drivers, but does not include mechanical breakdowns or impounded vehicles.
OUTSIDE SECURED
An area not indoors secured by a fence, wall or barrier at least six feet high and continuously lighted at night, with all gates, doors or entryways secured by locks and all of which shall be within the jurisdictional boundaries of the Winslow Township Police Department.
OUTSIDE UNSECURED
An area not indoors that is not secured by a fence, wall, or other barrier, and to include all other areas not defined as an inside building and outside secured facility, and all of which shall be within the jurisdictional boundaries of the Winslow Township Police Department.
SERVICE CALL
Response to a call for aid to a disabled vehicle, including, but not limited to, a vehicle in need of: consumables, flat tire repair or replacement, manual unlocking of a vehicle where keys are locked in the vehicle, pulling from a ditch or snowbank or providing a jump start.
SITE CLEANUP
A chargeable line item for the cleanup of vehicle consumables when the tow operator is required to apply an absorbent material to render the roadway safe. This charge is not applicable solely for the removal of vehicle debris such as plastic, glass and other vehicle debris.
STORAGE CHARGES PER 24-HOUR PERIOD
Starts at 12:01 midnight for a twenty-four-hour period or fraction thereof.
TOW OPERATOR OR TOW COMPANY
A person or tow company offering or performing towing services in accordance with this chapter.
TOW VEHICLE
Those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts, under-reach equipment or similar equipment specifically designed by its manufacturer for towing or recovery of motor vehicles. All tow vehicles will be registered in the name of the business on the license.
WAITING TIME
Additional time a tow operator spends at the scene other than the time required for the actual tow and/or recovery. Examples of waiting time includes, but is not limited to, time spent waiting for EMS to perform necessary services and/or police investigation of the scene.
WINCHING
Movement of a motor vehicle by the use of a cable and a winch from a position that is not accessible for a direct hookup by conventional means. Pulling a motor vehicle onto a tilt bed or carrier, or lifting a vehicle with a conventional tow sling, does not constitute winching.
[Amended 4-26-2016 by Ord. No. O-2016-007A]
A. 
Towing operators performing towing services for the Township of Winslow shall perform on a rotating basis. The Chief of Police is hereby authorized and directed to establish a tow truck call list of towing operators licensed pursuant to this chapter and to establish a system of rotation in the assignment of tow trucks. Towing operators shall be assigned duties from the tow truck call list only. No licensed towing operator or other party shall respond to the scene of an accident except upon notification by the officer in charge or upon request of the driver or owner of the disabled vehicle.
B. 
Inclusion on the on-call tow list shall automatically revoke upon expiration or revocation of the tow operator's license. The Chief of Police may also suspend a tow operator's inclusion on the on-call list for such a 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 in § 264-11.
C. 
All vehicles towed at the request of the Township must be removed to an approved storage facility unless the owner/operator of the vehicle specifically requests that it be towed to another destination. The tow operator can require payment in a normally expected form prior to completing the tow or immediately after releasing the vehicle at the requested destination. Any Township police officer at the scene shall be responsible for making the final determination as to the towing destination.
D. 
Notwithstanding the licensing provisions of this chapter, the owner of any automobile shall have the right to call any towing service he so desires whether or not said towing operator is licensed by the Township, provided that, in the opinion of the police officer in charge, traffic on the roadway will not be impaired for an unreasonable length of time and there is no safety risk to the motoring public.
[Amended 4-25-1995 by Ord. No. O-19-95; amended 9-26-2006 by Ord. No. O-21-06; 5-26-2009 by Ord. No. O-2009-011; 3-26-2013 by Ord. No. O-2013-004; 10-15-2019 by Ord. No. O-2019-022]
A. 
In order for a towing operator to be listed on the tow truck call list, a license is required pursuant to the provisions set forth below. Each license issued hereunder shall terminate on December 31 of the year in which it is issued, and each renewal license shall be for the one-year period of January 1 through December 31.
B. 
Specifically exempted from the licensing requirement is the towing, transporting, conveying or removing motor vehicles from private property by towing operators who have been privately engaged or designated by the owner of the vehicle to be so removed.
C. 
All applicants for licenses shall pay the sum of $500 at the time the application is filed. This is a nonrefundable fee which shall be utilized to cover the cost of investigation and review and shall also be considered to be the fee for the balance of the year for which the application is filed. Thereafter, the annual fee shall be in the amount of $300.
Licenses hereunder shall be approved by the governing body of the Township of Winslow and issued by the Township Clerk. The application therefor shall contain the following information:
A. 
The full name and address of the applicant and, if such applicant is a corporation, the names and addresses of the officers and directors thereof, and the registered office and registered agent thereof; or, if such applicant is a partnership, the names and addresses of all partners.
B. 
The year, make, model and serial number, registration number, and owner of each tow vehicle which is to be used by the applicant in responding to calls from the Winslow Township Police Department requesting the towing and storage of disabled motor vehicles.
C. 
The tow vehicle's base of service for each tow vehicle to be used by the licensed operator.
D. 
The location to which the applicant will tow, transport, convey or remove, and thereafter store, any motor vehicle towed, transported, conveyed or removed by the applicant pursuant to the provisions of this chapter.
E. 
The specific area at the location referred to above that the applicant has available for properly storing and protecting disabled motor vehicles. The applicant shall attach to his application a diagram of its property showing the secured area (inside or outside secured) intended for the storage and protection of vehicles removed from the roadway.
F. 
The place and location where the applicant will maintain an office at which any person whose vehicle has been towed, transported, conveyed or removed may obtain information relative thereto, attend to the payment of any money to be paid in connection therewith and arrange for any further removal or possession of such vehicle.
G. 
A statement that the applicant has sufficient personnel and equipment to provide twenty-four-hour towing and storage services and is able to respond to police calls in accordance with the requirements of this chapter.
H. 
A certification that the fees charged will not exceed those set forth in this chapter.
I. 
The name of the insurance company and its address and policy number showing the limits of coverage required by this chapter, along with a certification that the Township of Winslow will be added as an additional insured under the liability provisions of said policy.
J. 
A representation that the applicant will execute an indemnification and hold harmless agreement with the Township of Winslow.
K. 
A listing of the applicant's prior towing experience, including the years in business and other municipalities served.
L. 
A list of all drivers (name, address, and date of birth) that will be engaged in removing vehicles in accordance with this chapter.
[Amended 4-26-2016 by Ord. No. O-2016-007A]
M. 
Such other information as deemed appropriate by the governing body of the Township of Winslow.
[Added 4-26-2016 by Ord. No. O-2016-007A]
[Amended 4-25-1995 by Ord. No. O-19-95; 4-26-2016 by Ord. No. O-2016-007A; 10-15-2019 by Ord. No. O-2019-022]
A. 
Application forms may be obtained from the Township Clerk, and all completed applications together with the licensing fee shall be submitted to the Township Clerk.
B. 
All applications shall be investigated and evaluated by the Township Police Chief or his designee regarding the applicant's background and qualifications, and a report of the Police Chief's findings and recommendations shall be submitted to the governing body within 30 days of the receipt of said application. All applicants shall execute a release for information to be obtained by the Police Chief to complete the investigation and evaluation.
C. 
All applications are subject to review and approval by the governing body of the Township of Winslow. Only those applicants which are responsible and qualified pursuant to the provisions of this chapter shall be approved. All approved applicants shall be required to execute a contract with the Township of Winslow to provide the towing and storage services referred to herein.
D. 
Storage areas for vehicles towed under the direction of Winslow Township Police Department, being in the jurisdiction of the Winslow Township Police boundaries, shall be made continuously accessible to police officers of the Winslow Township Police Department for the purpose of investigation, which may include, but not be limited to, searches, photographs, fingerprint dusting, collection of other evidence and/or inspections to verify compliance with this chapter. During impoundment of vehicles, no towing/storage licensee shall allow access to said vehicle without the express permission of the Winslow Township Police Department in which jurisdiction said vehicle is impounded and remains so until properly released.
[Amended 12-15-1992 by Ord. No. O-27-92; 4-25-1995 by Ord. No. O-19-95; 4-25-2000 by Ord. No. O-5-2000; 5-26-2009 by Ord. No. O-2009-011; 4-26-2016 by Ord. No. O-2016-007A10-15-2019 by Ord. No. O-2019-022; 12-17-2019 by Ord. No. O-2019-030]
No license shall be issued unless all of the following standards are met:
A. 
Equipment requirement. No license shall be issued to a towing operator who does not possess, for utilization in this business, the following tow vehicles and equipment, which tow vehicles and equipment shall be inspected by the Chief of Police or his authorized representative prior to a license being issued:
(1) 
At least one four-ton tow vehicle with a boom and drum rating of four tons; a one-hundred-foot-long 3/8-inch diameter cable with a recommended working limit of at least 3,500 pounds; recommended gross vehicle weight of truck or chassis of 10,000 pounds; and dual rear wheels maintained and equipped in accordance with manufacturer's specifications.
(2) 
At least one sixteen-ton tow vehicle with two booms and two drums, with each boom having an eight-ton capacity, and each drum having an eight-ton capacity, and each drum having a two-hundred-foot long 1/2-inch cable; recommended gross vehicle weight of truck or chassis of 16,000 pounds; dual rear wheels; heavy-duty truck tow bar air brakes; connecting air lines for connection with air compressor and air brake lines of the towed vehicle; two-speed rear axle and differential or dual transmission or five-speed transmission; two heavy-duty high-test pickup chains; and heavy-duty truck sling and tow bar. In lieu of having this piece of equipment in its possession, the licensee shall supply the Township Clerk with an agreement, in writing, between the licensee and any other entity, or corporation or person who possesses this specific equipment that he or it will provide services to the licensee pursuant to the provisions of this chapter for the term of the license. This agreement shall provide that the response time shall be in accordance with the provisions of this chapter and that the licensee shall assume all responsibility for compliance with the provisions of this chapter. The licensee shall make provision for the equipment to be available for inspection at his place of business at the time and place requested by the Chief of Police or his authorized representative prior to the issuance of the license. If said agreement shall be canceled for any reason, the licensee must notify the Township of Winslow within 24 hours.
(3) 
At least one flatbed or car carrier with at least a one-car capacity; wheel chokes; and four tie-down chains or grab hooks.
(4) 
At least one vehicle equipped with tie-down equipment for carrying motorcycles.
(5) 
Safety equipment to be carried on all trucks shall include universal towing sling; tow hooks and chains; one snatch block for 3/8- to 1/2-inch cable; two high-test safety chains; a four-lamp or three-lamp revolving amber emergency light with New Jersey state permit; a tool box with assortment of hand tools; rear working lights and rear marker lights; cab lights; body clearing lights located to clear the towed vehicle; a block choke for the tow vehicle while working; safety cones; a shovel and broom; and a steering wheel lock or tie-down.
(6) 
In lieu of having the required equipment in his possession, the licensee shall supply the Township Clerk with an agreement, in writing, between the licensee and any other entity, or corporation or person who possesses this specific equipment that he or it will provide services to the licensee pursuant to the provisions of this chapter for the term of the license. This agreement shall provide that the response time shall be in accordance with the provisions of this chapter and that the licensee shall assume all responsibility for compliance with the provisions of this chapter. The licensee shall make provisions for the equipment to be available for inspection at his place of business at the time and place requested by the Chief of Police or his authorized representative prior to the issuance of the license. If said agreement shall be canceled for any reason, the licensee must notify the Township of Winslow within 24 hours.
B. 
Land area. No license shall be issued to a towing operator that does not satisfy the following requirements for the land used for storage of towed vehicles and any other premises and/or place of business utilized by the towing operator, which shall be inspected and approved by the Chief of Police or his designee prior to a license being issued:
(1) 
It shall be the responsibility of the towing operator to store vehicles, that are towed at the direction of the Police Department, in a safe and secure manner, on land that the towing operator owns and/or controls, in an area dedicated exclusively for the storage of vehicles that were removed under the provisions of this chapter, consisting of adequate storage space as determined by the Township.
(2) 
If the towing operator owns the required storage area, the application must be accompanied by a certified copy of the deed for the land, together with a survey and legal description of the land.
(3) 
If the towing operator has an option to lease land for the required storage area, a copy of the option agreement, a copy of a survey and a legal description of the land must accompany the bid. The lease must extend to at least six months after the expiration date of the license.
(4) 
The survey or surveys that are required above shall have set forth thereon a certification by the surveyor, indicating the square footage that exists within the storage area.
(5) 
Land that is used for the storage of towed vehicles must be located within six miles of the Cedar Brook Fire Department (9 Cedarbrook Rd, Sicklerville, NJ 08081), must be zoned for such use, and must be in compliance with all applicable state, county, and municipal codes. The land area must be approved by the appropriate Fire Marshal for the purpose of storing vehicles. Any other premises and/or place of business utilized by the towing operator shall comply with all provisions of the Zoning Ordinance, Property Maintenance Code, and all other applicable laws of the Township of Winslow, or the municipality wherein the property is located, pertaining to the use or condition of said premises.
(6) 
Within the land used for storage of towed vehicles, the towing operator will provide secured enclosed storage for a minimum of two vehicles impounded for the Winslow Police Department's investigatory purposes. The enclosed storage area shall be continuously monitored by the towing operator to ensure the integrity and security of the vehicles contained within and shall only be physically accessible to police or to those towing operator's employees designated by the Police Department to have access to the vehicle(s) contained therein. The security of this area shall include, at a minimum, locks on all access doors/gates, and any windows around this area shall be of such characteristic that view of the vehicle(s) stored therein cannot be made from the exterior of the area. This secured enclosed storage area shall not be visible to the public or patrons during the course of routine business, this to ensure the privacy and integrity of the vehicle(s) secured. The towing operator shall maintain a sign-in log to record each person who examines/enters the secured storage area. The secured area shall be well lit, ventilated and provide a minimum of four electrical locations to permit physical examination of the vehicle(s). Additionally, this area shall provide ample room to conduct physical examination of the vehicle(s), and shall be capable of providing a minimum of five feet of unobstructed space surrounding each vehicle. This secured storage area shall be able to accommodate up to and including a Class VIII vehicle. Alternate secured enclosed storage for Class VIII vehicles may fall outside the six-mile requirement but must be within the distance of 10 miles of the Cedar Brook Fire Department. This ten-mile requirement will apply to enclosed storage for Class VIII vehicles only, or with the approval of the Winslow Township Chief of Police.
(7) 
The outdoor storage area must be enclosed by a fence of sturdy construction that is at least six feet high, including a gate that is capable of being locked. Adequate security lighting shall be provided to ensure the integrity of the vehicles contained within.
(8) 
The required storage area must be available 24 hours a day, 365 days per year, and open to the public on weekdays during normal business hours and limited hours to be approved by the governing body of the Township of Winslow on Saturdays and Sundays.
(9) 
The tow office/reception area shall be an enclosed part of the regular structure, not a temporary or makeshift attachment, which offers heated shelter from the elements of weather to the customer and employees alike.
C. 
(Reserved)
D. 
(Reserved)
E. 
All towing operators shall maintain and produce proof of the following insurance coverage, with the Township of Winslow named as an additional insured, with the application when submitted to the Township Clerk:
(1) 
Automobile liability in an amount not less than $1,000,000 combined single limit.
(2) 
Comprehensive liability insurance in an amount not less than $1,000,000 combined single limit.
(3) 
Garage keepers liability in an amount not less than $75,000, both on hook and for each storage location.
(4) 
Garage liability in an amount not less than $1,000,000 combined single limit.
(5) 
The policies shall be endorsed to provide collision coverage for vehicles in tow.
F. 
In order to provide the public with prompt and adequate tow truck service, the licensee must respond within 20 minutes after being summoned.
G. 
Employees. No license shall be issued to a towing operator that does not satisfy the following requirements concerning its employees:
(1) 
Towing operators shall subject themselves and their employees to background investigations and provide the Township with all reports of said background investigations. Notwithstanding the foregoing, the Township reserves the right to subject all towing operators and their employees to background investigations by the Township of Winslow Police Department.
(2) 
It shall be the responsibility of the towing operator to have available at all times a sufficient number of employees to provide towing and recovery service for the Winslow Police Department, pursuant to the terms and conditions set forth herein.
(3) 
Drivers who are employed by the towing operator shall be at least 18 years of age and shall maintain a current, valid driver's license applicable to the vehicle operated. Additionally, the operator shall maintain a current FMCSA medical certification for the operation of a Class B or Class A vehicle. The operator employees shall perform their duties in conformance with all other applicable statutes and ordinances. A towing operator shall report immediately if a new driver is hired and submit the required documentation for review and approval.
(4) 
It shall be the responsibility of the towing operator to ensure that his or her employees, including drivers, are competent, efficient, courteous, and knowledgeable in the legal and technical requirements of emergency towing and/or recovery of vehicles and fully trained and knowledgeable in the operation of all required equipment. A program of continuing in-service training for driver operators is encouraged, as is national certification (TRAA Level I, II, III).
(5) 
It shall be the responsibility of the towing operator to ensure that all tow truck drivers and employees, who respond to incident scenes, receive training in the recognition of and the response to hazardous materials.
(6) 
Towing operator employees shall be outfitted in a standard uniform and be equipped with DOT ANSI Class III approved safety vests while involved in a removal/recovery operation. Each uniform shall prominently display the towing operator name and the name of the employee. Each employee shall maintain a professional appearance while providing services to the Township of Winslow.
H. 
All billings for towing and storage services shall be itemized for the services actually rendered pursuant to the fee schedules set forth herein. A copy of the fee schedule set forth in this chapter and contact information of the Winslow Police Department shall be available to the public in the form of a prominently displayed sign at the towing operator's place of business during normal business hours. The sign shall be approved by the Police Department prior to displaying. No towing operator may refuse to accept for payment in lieu of cash or insurance company check for towing storage services a debit card, charge card, or credit card if the towing operator ordinarily accepts such cards at his place of business, unless such refusal is authorized pursuant to N.J.S.A. 56:13-4 where the operator has a bona fide reason to believe the card or other identification is fictitious, altered, stolen, expired or revoked or not valid for any other cause or is clearly offered with intent to defraud the issuer or the motorist is unable to produce additional identification as requested by the operator. Nothing in this chapter shall preclude payment by a motorist in the form of check or money order, if this form of payment is acceptable to the operator.
I. 
Licensed towing operators agree to defend, indemnify and hold harmless the Township of Winslow for any and all suits, judgments, costs, expenses, including attorneys' fees, and claims on account of breach of contract, damaged property, or personal injuries, including death, arising out of or in any way connected with the towing and storage services to be provided.
A. 
The governing body hereby designates the Police Department generally and the Chief of Police in particular as the supervising authority to enforce the provisions of this chapter as well as the rules and regulations adopted hereunder.
B. 
Each licensed towing operator shall at all times maintain the necessary equipment to remove disabled vehicles as required by this chapter. Each towing operator, prior to departure from the scene of towing services, shall clean and clear the streets of any customary debris resulting from any motor vehicle accident at such scene and shall at all times carry the necessary equipment to perform said cleaning services.
C. 
Refusal to tow an abandoned or stolen motor vehicle or at the scene of a motor vehicle accident may result in the disqualification of any towing operator, and a report of said refusal shall be furnished to the Chief of Police and the Township Clerk by the investigating officer at the scene of the accident, as soon as possible.
D. 
If the licensee summoned is unable to respond within the time constraints specified in this chapter, he shall so notify the individual requesting the service, and the next-named towing operator on the tow truck call list shall be called to respond.
E. 
No towing operator operating pursuant to the license issued hereunder shall employ, either directly or indirectly, any personnel or employees of the Police Department.
[Amended 4-26-2016 by Ord. No. O-2016-007A]
F. 
All licensed towing operators shall be required to maintain the licensing standards set forth in § 264-7.
[Amended 4-26-2016 by Ord. No. O-2016-007A; 10-15-2019 by Ord. No. O-2019-022]
G. 
An individual whose motor vehicle has been towed and/or stored has the right to retrieve any of his or her personal possessions therefrom, even when said motor vehicle is within the possession of the towing operator. "Personal property" shall be defined to mean anything that is not permanently attached to the motor vehicle so as to be an integral part thereof. An individual seeking the retrieval of any personal items shall arrange with the towing operator to obtain said items and shall be required to execute a receipt therefor. The towing operator shall maintain copies of all said receipts.
H. 
The Township of Winslow reserves the right to review the qualifications of any personnel employed by the towing operator at any time.
I. 
The towing operator and any of its employees are independent contractors and they do not represent nor are they employed by the Township of Winslow.
J. 
The towing operator shall at all times be responsible for the conduct of its employees and shall be liable to the Township of Winslow and the owners of any motor vehicles towed or stored by the towing operator for any injuries, damages or costs incurred as a result of the conduct of said employees.
K. 
All towing operators shall comply with all state and federal laws and regulations concerning the hiring of employees, their wages, hours and terms of employment.
L. 
The Township of Winslow is not liable for any of the services performed by the contractor unless those services are performed for municipal vehicles. The contractor shall proceed directly against the individual owner of the motor vehicle for all fees and charges incurred.
M. 
No licensed towing operator shall pile or store vehicles on public streets or sidewalks.
N. 
Each towing operator shall maintain a record of all vehicles towed, including the date towed, where the vehicle was stored, when the vehicle was released, and the fees charged, together with any and all other services rendered. Said records shall be maintained at the principal place of business of the towing operator as set forth on the application, and said records shall be maintained for a minimum of three years.
A. 
The fees for basic towing services, road service and/or storage shall not exceed the following fee schedule:
[Amended 5-26-2009 by Ord. No. O-2009-011; 12-16-2014 by Ord. No. O-2014-029; 4-26-2016 by Ord. No. O-2016-007A]
Basic Towing Service:
7 days a week, 24 hours a day, including holidays
$115
Mileage (per mile from scene to portal)
$3.50
Winching minimum charge
$50
Motorcycles
$125
Road service, plus supplies:
Day
$65
Night
$90
Cleanup fees, plus supplies and with documentation
$35
Lot removal fee
$35
Storage fee:
Per day
$30
Inside storage
$50
Waiting time when other than nonbasic towing charges are provided
1 man and truck
First half hour is free, the second half hour and each hour thereafter will be $75
Additional costs for extra truck and manpower to help with towing service; minimum charge, with documentation
$75
Gate fee after hours
$35
Administrative fee
$20
Collision wrap
$50
 
Yard hours:
Monday through Friday 8:00 a.m. to 6:00 p.m.
Saturday 8:00 a.m. to 12:00 noon
Sunday and holidays closed
B. 
Notwithstanding any fee set forth in § 264-9A above, when a vehicle is abandoned due to the death or incapacitation of the driver or any passenger, a storage fee of no more than $100 shall be charged for the first 72 hours after the vehicle is placed on the premises.
C. 
(Reserved)
D. 
(Reserved)
E. 
A licensed towing operator may petition the governing body of the Township of Winslow for permission to charge fees other than as set forth herein for the towing and storing of motor vehicles other than automobiles as defined above. Said fees must be approved by resolution of the governing body, shall be valid for a minimum period of one year or until modified by the governing body, and must be on file with the Township Clerk and at the principal place of business of the towing operator and available to the public during normal business hours.
F. 
Towing operators may charge additional fees for nonbasic towing services involving the recovery of an automobile from a position beyond the right-of-way or berm or from being impaled upon any object within the right-of-way or berm. A schedule of said additional fees shall be attached to the license application and shall be subject to approval by the governing body.
G. 
Storage charges per twenty-four-hour period shall start at 12:01 midnight for a twenty-four-hour period or fraction thereof. No storage charge shall be imposed for any day the yard is closed, such as Sundays or holidays.
H. 
Towing rates shall be calculated based on the total distance traveled from the Township vehicle's base of service to the motor vehicle to be towed and to the storage area by way of the shortest route available. Fractions shall be rounded up to the nearest whole mile. There shall be no additional charges to the vehicle owner when picking up or removing a vehicle from the storage area, or for flatbedding, waiting time, winching, cleanup costs, and additional labor.
I. 
The Township Clerk and each licensed towing operator shall have available at the Municipal Building and the principal place of business of the towing operator a copy of the fee schedule guidelines and shall make same available to the public during normal business hours.
J. 
Every tow operator shall give the owner of the vehicle a written receipt for the fee paid. Credit cards shall be accepted as an acceptable form of payment for services under this chapter.
K. 
Every operator or owner of a tow vehicle shall comply with any request of the owner of a towed vehicle, including, but not limited to, the towing of the vehicle to another location within the Township of Winslow or neighboring jurisdictions designated by the driver, owner or police officer, and the payment of fees may be required by the tow operator. The request to tow to an alternate location must not conflict with any order or investigation from any member of the Police Department acting in his official capacity. Any disputes as to the towing destination shall be resolved by the responding and/or on-scene police officer or a Police Supervisor.
L. 
The owner of said automobile which has been towed pursuant to this section shall be permitted to recover items of personal property in the vehicle at the time it was towed. However, said owner shall not be permitted to remove from the vehicle any integral part of the vehicle, whether attached to the vehicle or not, including, but not limited to, batteries, tires and license plates.
M. 
A flat $50 charge shall be charged to the Township for towing, storage or other services provided to the Township, its vehicles or emergency fire and rescue vehicles or for any vehicle used in the commission of a crime, provided that said vehicle is located within the Township of Winslow. Such vehicles located outside of Winslow Township will be charged the $50 fee plus mileage (portal to portal).
[Amended 4-26-2016 by Ord. No. O-2016-007A; 10-15-2019 by Ord. No. O-2019-022]
A license may be denied, suspended or revoked upon any of the following grounds after an appropriate hearing in accordance with the terms of this chapter:
A. 
Submitting a fraudulent or misleading application.
B. 
A criminal conviction of the towing operator or a named principal of the towing operator.
C. 
Failure to respond reliably and promptly to calls for assistance or any other action which interferes with the proper operation of the rotating system maintained by the Police Department.
D. 
A licensed towing operator's failure to respond within 20 minutes after being summoned on three separate occasions shall be cause to suspend said towing operator's license until December 31 of the year in which said license was issued.
E. 
Violations of motor vehicles laws and/or municipal ordinances.
F. 
Failure or refusal to tow or remove a motor vehicle when requested to do so by an appropriate municipal official.
G. 
Violations of the Zoning Ordinance, Property Maintenance Code, or any other applicable ordinances or codes of the Township of Winslow pertaining to the use or condition of the premises used by the licensee in conducting the towing business.
H. 
Failure to charge in accordance with the fee schedule set forth in § 264-9.
I. 
Violation of any other provision of this chapter, including, but not limited to, any of the rules and regulations set forth herein, and/or violation of any other applicable provision of the Code of the Township of Winslow.
A. 
Proceedings for the suspension or revocation of a license shall be initiated by the service of a notice of charges filed against the licensee. Said notice shall be served by the Chief of Police or his 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 governing body of the Township of Winslow. Said hearing shall be scheduled no less than seven days, nor more than 30 days, after the notice of the proposed 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.
B. 
When an application for a license is denied by the Township of Winslow, 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 governing body a hearing date shall be set, which shall be no less than seven days, nor more than 30 days, from the date scheduled.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or to imprisonment in the county jail for a term not exceeding six months, or both. These penalties shall be in addition to and separate from any action taken by the Township of Winslow pursuant to § 264-10 hereof.