[HISTORY: Adopted by the Township Committee of the Township of Barnegat 2-20-96 as Ord. No. 1996-9. Amended in its entirety 2-16-00 by Ord. No. 1999-6. Subsequent amendments noted where applicable.]
The following words and terms, when used in this ordinance shall have the following meaning, unless the context clearly indicates otherwise:
AUTOMOBILE
A private passenger automobile of a private passenger or station wagon type that is owned or hired, a motor vehicle with a pickup body, or delivery sedan, a van, or a panel truck or a camper type vehicle.
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, 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 of berm.
INSIDE BUILDINGS
A vehicle storage facility that is completely indoors, having one (1) or more openings in the walls for storage and removal of vehicles and that is secured by a locking device on each opening.
OUTSIDE SECURED
An automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six (6) 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.
OUTSIDE UNSECURED
An automobile 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.
STORAGE CHARGES FOR 24 HOUR PERIOD
The maximum allowable amount to be charged by a storage facility for a twenty-four (24) hour period or fraction thereof. A new twenty-four (24) hour period begins at 12:01 A.M.
[Amended 3-15-99 by Ord. No. 1999-13]
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal or transport of private passenger automobiles.
[Added 3-15-99 by Ord. No. 1999-13]
TOW VEHICLE'S BASE OF SERVICE
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
The Chief of Police shall establish a list of persons or firms who shall be utilized by the Police Department of the Township of Barnegat to provide towing and wrecking services for abandoned or wrecked vehicles. The list shall be comprised of a maximum of five (5) operators. The Chief of Police shall also establish and maintain a waiting list for operators in the event the number of authorized operators exceeds five (5), or if there needs to be a person or firm to replace one (1) of the five (5) operators. The placement on the waiting list shall be based on the date of the filing of the application by the person or firm wanting to be used by the Police Department for towing and wrecking services.
No person or firm shall operate a towing business within the Township of Barnegat without having first obtained a license authorizing the operation of such business under the provisions of this ordinance.
Application of the issuance of licensing for the purpose of this ordinance shall be made by the person or firm engaged in the towing or wrecking operation. This application shall be made on forms furnished by the Township Clerk with an application fee made payable to the Township of Barnegat in the amount of one hundred dollars ($100.). There will be a one hundred dollar ($100.) license fee upon the awarding of the same. The application shall contain the following information:
A. 
The full name and address of the applicant. If the application is made for a partnership or corporation it shall state the names and addresses of all partners, officers and directors of the corporation or partnership along with the registered agent and registered office address.
B. 
The year, make, model and registration number of each towing vehicle, flatbed or other vehicle to be used by the applicant in connection with the towing business. The towing vehicle may not be permitted to display dealer plates.
C. 
The address where any such towing vehicle, flatbed or other vehicle shall be garaged.
D. 
The address and description of the storage facility to be used by the applicant for the storage of towed vehicles.
E. 
A copy of the certificate of insurance evidencing that the applicant has obtained insurance for all towing vehicles, flatbed or other vehicles in policy limits of no less than one hundred thousand dollars ($100,000.) for a single accident for a personal injury and one million dollars ($1,000,000.) per accident for property damage. Each applicant shall have garage keeper's liability insurance in an amount not less than one million dollars ($1,000,000.) per location and garage liability insurance in an amount not less than one million dollars ($1,000,000.) single limit. Each applicant shall also meet the requirements of New Jersey Workers' Compensation laws. The Township of Barnegat shall be named as an insured with regard to each of the insurance policies with the exception of workers' compensation insurance.
Each applicant shall be required to execute an indemnification agreement in a form satisfactory to the Township Attorney which shall fully indemnify the township or any of its agents, servants or employees with respect to the applicant's activities under this ordinance.
A. 
Each applicant shall be required to provide for basic towing services on a twenty-four (24) hour basis, seven (7) days per week for each day of the year.
B. 
Each applicant shall have the ability to provide for basic towing services and shall not exceed thirty (30) minutes response time after a call from township representatives.
C. 
Each applicant shall have an office or place of business located within a reasonable distance as determined by the Township Chief of Police.
D. 
Each applicant providing towing services shall show proof of ownership or a lease agreement for a proper area to store a minimum of fifteen (15) motor vehicles. Each outside storage area must be enclosed by a secured fence. In addition, that area shall be illuminated during the hour of darkness to the satisfaction of the licensing authority. Each storage area shall be approved for security and safety by the Chief of Police or his designee.
[Amended 5-17-10 by Ord. No. 2010-10]
E. 
Each tower shall have an enclosed garage so as to provide inside security storage for at least five (5) towed vehicles.
F. 
Each applicant providing towing services must be available for recovery during nonbusiness hours and must post an emergency telephone number for recovery during nonbusiness hours clearly displayed on the entrance of the applicant's lot.
[Added 2-5-01 by Ord. No. 2001-04]
G. 
Courtesy towing for township-owned vehicles.
[Added 5-17-04 by Ord. No. 2004-18]
(1) 
During the term of the license, applicants shall provide to the township, towing services, free of charge, for any and all township-owned vehicles in need of such services either within the township or within a fifteen (15) mile radius of same.
(2) 
Agreement to provide courtesy towing services shall be a condition of the applicant's licensure throughout its term with the township.
H. 
Filing of application; investigation. Every applicant for a license or license renewal under this section shall complete, sign, and verify a written application, in duplicate, on such forms as are prescribed and furnished by the Township Clerk and shall pay to the Township Clerk a nonrefundable fee of fifty dollars ($50.). The form to be supplied by the Clerk shall contain the following:
[Added 5-17-04 by Ord. No. 2004-19]
(1) 
Name, address, and driver's license number of the applicant and any employees of the applicant that are expected to be involved in the operation of the applicant's vehicular equipment in accordance with this section. Also, each towing applicant and its personnel must obtain and furnish to the township a copy of their own individual NJ Motor Vehicle Commission driver abstract.
[Amended 5-17-10 by Ord. No. 2010-10]
(2) 
The applicant shall be given a copy of this section and shall certify that he or she has read and understood the section.
(3) 
A certification by the applicant and each of the applicant's employees that are expected to participate in the applicant's activities as approved by this section that each individual has not been convicted of a crime or disorderly persons offense involving moral turpitude within a period five (5) years preceding the date of application. Conviction of a criminal offense or have had their driver's license suspended or revoked within the past year shall be cause for disqualification. The application shall be filed with the Police Department and shall be processed as follows:
[Amended 5-17-10 by Ord. No. 2010-10]
(a) 
The Chief of Police or his designee shall be charged with the investigation of applicants and shall recommend to the Police Commissioner for the approval of Mayor and Township Committee the issuance of a license when he finds that:
[1] 
The applicant and all employees are properly licensed under all applicable motor vehicle laws of the State of New Jersey and are trained in the safe and efficient operation of the applicant's vehicular equipment as set forth in this section; and
[2] 
The application submitted by the applicant complies with the requirements of this section and all other applicable ordinances of the township.
(b) 
Upon notification of either approval or denial of the application by the Mayor and Township Committee, the Township Clerk shall, within five (5) days, notify the applicant by registered or certified mail of the approval or denial of his application, and in the event of approval, shall issue the license.
(c) 
The license shall contain the name and address of the licensee, number of the license, and fee paid, date of issuance and expiration date, and the signature of the Township Clerk and the seal of the township.
(d) 
The license shall state whether or not the licensee is authorized to provide emergency towing services for any impounding vehicle.
I. 
Display of license. Upon issuance, a copy of the license shall be visibly displayed in any vehicles used for towing purposes within the township.
[Added 5-17-04 by Ord. No. 2004-19]
[Amended 5-17-10 by Ord. No. 2010-10]
All equipment must meet applicable state standards, and the township reserves the right to make periodic unannounced inspections of vehicles, equipment, storage area and personnel. In addition, each wrecker shall have at a minimum the following equipment:
A. 
One (1) large broom and shovel.
B. 
One (1) set of dolly wheels.
C. 
Steering wheel lock for towing vehicles from the rear.
D. 
Emergency warning lights.
E. 
Portable safety lights.
F. 
Safety flares for night work.
G. 
A flatbed trailer capable of removing a motor vehicle.
H. 
One (1) towing vehicle which shall be sufficient to tow vehicles over two (2) tons.
I. 
Communication equipment between vehicles and their dispatchers via a two-way radio.
J. 
Tow vehicles shall have the name, address and telephone number of the contractor painted or permanently attached to both sides of the vehicle in compliance with state law.
K. 
All contractors on the rotating list shall be issued a license sticker for each of its towing vehicles identifying the contractor and the vehicles as an approved township tower. Said sticker must be prominently displayed on the vehicle at all times.
The Chief of Police shall maintain a list of licenses under this ordinance in such order as the Chief of Police shall deem appropriate so as to ensure that no licensee shall be excluded or in any way discriminated against. Such list shall contain the names, addresses and twenty-four (24) hour telephone numbers of each licensee. The Chief of Police shall direct the members of his Department that the requests of any towing services of licensees under this ordinance shall be in the sequence that they appear on the list. Such list shall rotate on at least a weekly basis. In addition, the Chief of Police shall keep a record of requests made for the service of licenses under this ordinance as well as a record of the response time of each licensee and shall record any and all complaints received from members of the public as to the quality of service or fees exacted by each license.
[Amended 5-17-10 by Ord. No. 2010-10]
A. 
No license will be issued without the approval of the Chief of Police or his designee.
B. 
License shall be issued by the Municipal Clerk's Office.
C. 
License shall be issued for one (1) year to expire on December 31. No license will be prorated.
D. 
License shall be renewed annually, renewal application shall be submitted sixty (60) days prior to expiration of existing license.
E. 
Renewal of license is the sole responsibility of the licensee.
F. 
Said license shall be nontransferable, and no contractor on the rotating list shall subcontract any work to be performed.
G. 
The licensed contractor shall notify the Chief of Police upon the hiring or termination of personnel.
Pursuant to N.J.A.C. 11:3-38.6 the following fees and charges are established:
A. 
Maximum basic towing and storage charges for passenger vehicles, motorcycles, all-terrain vehicles and mopeds shall be as follows:
[Amended 5-17-10 by Ord. No. 2010-10]
(1) 
Days: First mile or less: seventy-five dollars ($75.); each additional mile, three dollars and fifty cents ($3.50), based upon a one-way charge.
(2) 
Nights, weekends and New Jersey State holidays: first mile or less, eighty-five dollars ($85.), each additional mile, three dollars and fifty cents ($3.50), based upon a one-way charge.
B. 
Maximum storage fee charges shall be as follows:
[Amended 5-17-10 by Ord. No. 2010-10]
(1) 
Inside building: ten (10) to twenty (20) spaces, forty-five dollars ($45.) per day.
(2) 
Outside building: ten (10) to twenty (20) spaces, thirty-five dollars ($35.) per day.
(3) 
Outside unsecured: ten (10) to twenty (20) spaces, nine dollars ($9.) per day.
C. 
Recovery services. Where it is necessary that certain recovery services be performed in order to preserve the condition of a motor vehicle while moving the damaged vehicle to a towable position, the rate for such services shall be one hundred twenty-five dollars ($125.) per hour, or any portion thereof.
[Amended 11-17-14 by Ord. No. 2014-28]
D. 
The aforesaid fees may change from time to time by resolution to be consistent with the provisions of N.J.A.C. 11:3-38.6 or the relevant New Jersey Administrative Code Statutory Provisions and Regulations.
E. 
Maximum rates and charges for trucks, SUVs and other vehicles with gross weight of one and one-half tons (1 1/2) or more shall be as follows:
[Amended 11-17-14 by Ord. No. 2014-28]
(1) 
First mile or less, one hundred twenty-five dollars ($125.); each additional mile, five dollars ($5.) based upon a one way charge.
F. 
Maximum storage fee charges shall be as follows:
(1) 
Inside building: ten (10) to twenty (20) spaces, seventy-five dollars ($75.) per day.
[Amended 11-17-14 by Ord. No. 2014-28]
(2) 
Outside building: ten (10) to twenty (20) spaces, fifty dollars ($50.) per day.
[Amended 11-17-14 by Ord. No. 2014-28]
G. 
Recovery services. Where it is necessary that certain recovery services be performed in order to preserve the condition of a motor vehicle while moving the damaged vehicle to a towable position, the rate for such services shall be one hundred fifty dollars ($150.) per hour, or any portion thereof.
[Amended 11-17-14 by Ord. No. 2014-28]
(1) 
The contractor may charge an hourly rate for standby time incurred for winching, uprighting, excessive cleanup, waiting at the tow scene and other circumstances which fall outside the scope of services classified as normal in Section 68B-10C and Section 68B10-G at the prevailing/established rate, which shall not exceed seventy-five dollars ($75.) per hour. The contractor must verify all standby charges for waiting at the scene by direct contact with the police communications center. The police shall, if appropriate, provide subsequent verification documentation. No standby charge for waiting at the scene shall be charged without such verification.
H. 
The aforesaid fees may change from time to time by resolution to be consistent with the provisions of N.J.A.C. 11:3-38.6 or the relevant New Jersey Administrative Code Statutory Provisions and Regulations.
[Amended 5-17-10 by Ord. No. 2010-10]
Each licensee shall provide a prompt response to each call for towing services. The contractor shall be responsible for the cleanup of debris in accordance with N.J.S.A. 39-4-56.8, with the exception of fuel oil, chemicals or hazardous waste materials. The rate for such service shall be seventy-five dollars ($75.) per hour. No licensee shall cruise with a towing vehicle for the purpose of soliciting towing business within the Township of Barnegat.
Should the Chief of Police determine that any licensee shall have violated any provision of this ordinance, the Chief of Police shall give the licensee notice by certified mail of the noncompliance by the licensee. Said licensee shall be subject to revocation by the Township Committee or Chief of Police for noncompliance with any provisions of this ordinance or any of the following reasons.
A. 
If it is subsequently determined that the applicant knowingly and with the intent to deceive, make false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this chapter.
B. 
Violation of any federal or state law or municipal ordinance or regulation relating to the operation of a motor vehicle of the provisions of towing services.
C. 
Unsatisfactory service including; unsatisfactory equipment, storage facility, vehicles or personnel.
Should the licensee desire a hearing on such a determination the licensee shall, within ten (10) days of the mailing of such notice by the Chief of Police, advise the Township Committee of the licensee's desire for such a hearing. Upon the receipt of such request the Township Committee shall, not less than ten (10) days prior to the date of such a hearing the Township Committee may revoke or suspend the license issued under this ordinance upon a determination that the licensee has violated any provision of this ordinance on any applicable state or federal law
Any person or entity who shall be found in violation of this ordinance shall be subject to a fine of not more than five hundred dollars ($500.) or a term of thirty (30) days in jail for each and every violation of this ordinance.