[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 54-7, 78-45 and 83-8.
[Ord. #07-004, S 1]
Shall mean any person, entity or organization that is qualified
under state or federal law as a tax-exempt, nonprofit organization
or any person, organization or group that espouses or advocates a
position or belief on any subject or political interest or on behalf
of any candidate for public office.
Shall include the actions of any person, entity or organization
engaged in religious proselytizing, anonymous political speech or
the distribution of religious or political handbills, circulars or
calling upon persons, or to elicit or determine opinions, feelings,
sentiments or information related to such charitable, religious, educational
or political purpose, whether door-to-door or street-to-street, whether
or not such persons, entities, or organizations seek or accept contributions
or donations to such religious, charitable, educational or political
organization or purpose.
Shall mean and include any person, entity or organization
traveling either by foot, wagon, motor vehicle or any other conveyance
from place to place, from door-to-door or from street-to-street, or
standing upon public property or a public right-of-way, or within
any parking lot open to the public, taking or attempting to take orders
for the sale of goods, wares, merchandise, personal property of any
nature whatsoever for future or present delivery or for services to
be performed and whether or not the person carries a sample of the
subject of the sale, and with or without accepting advanced payment
for the goods or services or whether such goods or services are conferred
at no cost; and shall also include any person who goes from door-to-door
or street-to-street taking a poll or survey for commercial purposes;
and shall also include the placement or distribution upon public or
private property of handbills or other written material advertising
goods or services.
[Ord. #07-004, S 1; amended 12-2-2019 by Ord. No. 2019-012]
The purpose of this section is to prevent
fraud, crime and unethical and dishonest business practices, and for
the general protection of privacy interests and health and welfare
of the residents of the Township. To fulfill this purpose, this section
requires the permitting of any person and/or organization who shall
sell or solicit for the sale of goods or services within the Township
from one or more temporary locations in zone districts which permit
retail sales as a permitted use, or where otherwise permitted by law
or variance, or by going from door to door or place to place.
[Ord. #07-004, S 1]
a.
Permit Required. It shall be unlawful for any person or organization
to engage in commercial solicitation, canvassing or peddling in the
Township of Bedminster without first having obtained a permit, as
described herein. Permits are personal and nontransferable, and regardless
of the number of persons associated with a particular organization
wishing to conduct commercial solicitation, canvassing and peddling
in the Township, each person shall be required to apply for and obtain
an individual permit.
b.
Application. Any person desiring a permit for
commercial solicitation, canvassing or peddling in the Township shall
file an application with the Chief of Police, or his/her designee,
of the Township Police Department during normal business hours, along
with the payment of $100 nonrefundable application fee, made payable
to the Township of Bedminster. The applicant will follow current fingerprinting
procedures as determined by the New Jersey State Police, and as set
forth herein. The application shall include the following:
[Amended 12-2-2019 by Ord. No. 2019-012]
1.
Name, age and two passport-style photographs of the applicant; one
photograph shall be maintained with the application and the other
shall be attached to the permit, if issued;
2.
Complete permanent home address and phone number of the applicant;
3.
Official name, registered address, phone number, and state of incorporation
or formation of the firm, partnership, organization, or business,
represented, if applicable;
4.
Length of time for which the permit is desired, including the days
of the week and the hours of the day within which the activity is
to be conducted;
5.
Description of the nature of the business and the goods, services
or wares to be sold or offered for sale;
6.
If the permitted activity is to be carried on at a fixed location,
the address and full description of the premises;
7.
A statement as to whether or not the applicant is under investigation,
has been arrested and/or convicted of a crime, misdemeanor, disorderly
conduct offense, or petty disorderly persons offense, and a list of
the number of any such arrests and/or convictions, where and when
so arrested and/or convicted, the nature of the offense, and the penalty,
if any;
8.
Identification of any and all municipalities in which the applicant
has either obtained or been denied a solicitation, canvassing, or
peddling permit or license within the preceding twelve months;
9.
The proposed method of delivery of goods or merchandise offered for
sale or order; if a vehicle is to be used, provide its description,
including the make, model, year, color and license plate number of
any and all vehicles and/or conveyances to be used by the applicant
during the period of solicitation, canvassing or peddling within the
Township; provide the name and address of the insurance carrier and
insurance policy number with respect to each such vehicle or conveyance;
and provide copies of the driver's license number and state of
issuance of the applicant, and the vehicle's registration;
10.
When applicable, a statement from the individual, partnership or
corporation for which he or she purports to work authorizing the applicant
to act as a representative;
11.
Three business references located in the County of Somerset, State
of New Jersey, or in lieu thereof, such other available evidence of
the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility;
and
12.
Each applicant shall be subject to a criminal history record background check. The Chief of Police shall accept, for the purposes of licensing a person as a canvasser, peddler, or solicitor, the results of a criminal history record background check of state records conducted within the previous six months indicating no disqualifying information which was required for that person to be licensed in another municipality as a canvasser, peddler, or solicitor; which is authorized by Somerset County Prosecutor's Office, County General Order, Volume 9, Chapter 4, dated February 7, 2019, and N.J.S.A. 53:1-20.38. Each applicant shall further provide a statement, to be signed by the applicant, consenting to the Township's obtaining copies of the applicant's driving record, criminal record, disorderly persons offense record, ordinance violation records, law enforcement contact and investigative reports from the official public agency which maintains such records to aid in the investigation. If fingerprinting is required, the applicant will be responsible for the additional administrative costs for such fingerprinting as set forth in § 4-1.3b.
(a)
Confidentiality. The criminal history record background check
and fingerprinting procedure set forth in this chapter will be conducted,
to the extent possible, in a manner intended to preserve the privacy
of all parties.
c.
Award or Denial of Application.
[Amended 12-16-2019 by Ord. No. 2019-013]
1.
After due investigation based upon the information provided in the
application, and any background check of the individual and/or organization
conducted, the Chief of Police, or his/her designee, shall grant or
deny the permit for commercial solicitation, canvassing or peddling
within a reasonable time after the complete application has been filed.
2.
If the Chief of Police finds the character or business responsibility
of the applicant or any organization for which the applicant is representing
is unsatisfactory constituting a disqualifying event under this section,
the Chief of Police shall deny the permit application, setting forth
the reasons therefor, and returning same to the applicant. The Chief
of Police shall disapprove an application if based on one or more
of the following findings with respect to the applicant and/or organization:
(a)
Conviction of any indictable crime in New Jersey; or in any
other state or jurisdiction, for conduct which, if committed in New
Jersey, would constitute an indictable crime.
(b)
Conviction of a disorderly persons offense or a petty disorderly
persons offense, whether in municipal or State Court.
(c)
Prior violation of a solicitation, canvassing or peddling ordinance
in the Township or any other jurisdiction in New Jersey.
(d)
Previous fraudulent acts or conduct.
(e)
Records of fraudulent acts, misrepresentations or false statements
by the applicant and/or organization for which the applicant is representing.
(f)
Fraud, misrepresentations or false statements contained in the
permit application.
(g)
Any arrest where charges have not been adjudicated involving
a violation of a crime or offense that would be subject to a denial
herein, the Chief of Police may hold the application pending the adjudication
of the charges.
(h)
An applicant may be denied when there is an apparent pattern
of arrests for charges listed in the subsections above without convictions,
where after a review of the official records and reports of the incident(s),
it is reasonably believed that the applicant most likely continually
commits these offenses.
(i)
An applicant has an active arrest warrant or failure to appear
status in connection with a criminal complaint.
(j)
Failure to return an expired permit previously issued pursuant
to this section.
3.
If the Chief of Police finds the character or business responsibility
of the applicant or any organization for which the applicant is representing
is satisfactory, being absent of any such finding set forth above,
the Chief of Police, or his/her designee, shall issue the permit to
the applicant, which permit shall specify the period in which the
permit will be effective.
d.
Notification of Disqualifying Event; Appeal of Determination. If
the Chief of Police finds the application is unsatisfactory with a
disqualifying event, the Chief of Police, or his/her designee, shall
notify the applicant, in writing, of the determination within five
days.
[Added 12-16-2019 by Ord.
No. 2019-013[1]]
1.
Within 10 days of the applicant having been formally notified, in
writing, that the Chief of Police has made a determination that any
event contained in the application investigation is a disqualifying
event, the applicant shall have the right to appeal in writing to
the Township Committee for review of the determination of the Chief
of Police.
2.
The applicant shall be entitled to a hearing before the Township
Committee and shall be entitled to provide information stating why
the event in the application investigation should not be considered
a disqualifying event.
3.
Once an appeal is made, the Township Committee shall review the file,
the circumstances surrounding the application investigation and any
statement or information provided by the applicant and shall make
a final determination within 21 days of the public hearing as to whether
an event on the application investigation constitutes a disqualifying
event. The Township Committee may affirm, modify or reverse the decision
of the Chief of Police and shall set forth its final determination
in a resolution granting, modifying or denying the license.
e.
Permit Requirements.
1.
The permittee shall carry the permit and exhibit it to any police
officer or other person upon request.
2.
[2]The permittee shall be courteous and respectful to all
persons in conducting the commercial solicitation, canvassing and
peddling, and shall not importune or annoy any of the inhabitants
of the Township and shall conduct himself or herself in a lawful manner.
[2]
Editor's Note: Former Subsection e2, regarding the No Solicitation
List, was repealed 12-2-2019 by Ord. No. 2019-012. This ordinance
also redesignated former Subsection e3 as Subsection e2.
f.
Revocation of Permit. Any permit granted as herein provided may be
revoked by the chief of police, or his/her designee, for the following
causes:
1.
Fraud, misrepresentations or false statements contained in the permit
application which may have arose or become apparent after the granting
of the permit.
[Amended 12-2-2019 by Ord. No. 2019-012]
2.
Fraud, misrepresentations or false statements made in the course
of carrying out activities pursuant to the permit.
3.
If it is found that the permittee is part of an ongoing criminal
investigation, or has prior convictions for a crime, disorderly persons
offense, or petty disorderly persons offense involving fraud, dishonesty
or moral turpitude.
4.
The permittee is convicted of a crime, disorderly persons offense,
or petty disorderly persons offense during the term of the permit.
5.
The failure on the part of the permittee to observe the provisions
of all ordinances of the Township.
6.
Conducting the activities pursuant to the permit in a manner as to
constitute a breach of the peace or constitute a menace or disturbance
to the residents of the Township.
7.
Permitting any person, other than the permittee, to use or present
his/her permit issued pursuant to this section.
|
Notice of revocation shall be personally communicated to the
permittee, in person or via telephone, and written notice to be sent
to the address listed on the application via first class mail, and
thereafter it shall be unlawful for him/her or any of his/her employees
or agents to conduct any of the activities pursuant to the permit.
[Amended 12-2-2019 by Ord. No. 2019-012] |
g.
Expiration. Unless granted for a specific period
of time, all permits issued herein shall be valid for a period of
30 days, unless revoked sooner pursuant to the terms herein; however,
all permits shall expire at 12:00 midnight, prevailing time, on December
31 of the year of issue. A new application and investigation shall
be required for each new permit issued. Upon the expiration of the
permit, the holder thereof shall surrender it to the officer in charge
at police headquarters and may apply for a new permit.
[Amended 12-2-2019 by Ord. No. 2019-012]
h.
Exceptions. The provisions of Subsection 4-1.3, including the permit requirements and application procedures for commercial solicitation, canvassing and peddling shall not apply to:
1.
All charitable and political solicitation or canvassing as defined
herein.
2.
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons ordering or otherwise entitled to receive same;
nor shall it affect any established, any local business or local resident
who is representing same.
3.
Any person holding a solicitation or peddling license or permit issued
by the United States government or by the State of New Jersey pursuant
to law. This includes the provisions of N.J.S.A. 45:24-9 and -10.
5.
Any person engaged in campaigning for any elected public office or
public question which is to be voted upon in the Township at a general,
special, primary, or school board election; nor shall this apply to
the distribution of circulars or advertising with respect thereto.
6.
Federal census-taking and surveys taken pursuant to federal, state
or local laws.
7.
Any public utility, or its employees, which is subject to regulation
of the State Board of Public Utility Commissioners, such as, by way
of example, JCP&L, PSE&G, NJAW, or Verizon; provided, however,
that such employees shall display the identification badge or card
issued by the employer, and such activities are conducted on behalf
of the public utility.
[Amended 12-2-2019 by Ord. No. 2019-012]
8.
Children enrolled in public or private elementary, secondary and
high schools, including such children peddling or soliciting for schools,
school clubs and organizations, Cub Scouts, Boy Scouts, Girl Scouts,
Brownies, and other similar youth groups, and including such children
engaged in "trick-or-treating" on Halloween or at other times permitted
by the Township.
[Amended 12-2-2019 by Ord. No. 2019-012]
9.
Any person engaged in the solicitation of funds for a Bedminster
Township fire company, first aid squad, or police benevolent association.
10.
Garage sales conducted by homeowners at their place of residence,
subject to the following conditions and limitations:
[Added 12-2-2019 by Ord.
No. 2019-012]
(a)
Garage sales may be conducted only during daylight hours.
(b)
No more than two garage sales per year may be conducted on the
same residential property.
(c)
A garage sale may not exceed 72 hours in duration.
(d)
The use of motor vehicles for the storage or display of merchandise
being sold at the garage sale is prohibited.
(e)
Garage sales shall not include the sale by a homeowner of goods
acquired by the homeowner solely with a view toward resale or goods
not normally associated with the ownership and use of residential
property.
(f)
Garage sales which do not meet the requirements herein are prohibited.
11.
Any sale required by New Jersey statute or by order of any court
of competent jurisdiction.
[Added 12-2-2019 by Ord.
No. 2019-012]
[Ord. #07-004, S 1]
The following time, place and manner restrictions apply to all
solicitation, canvassing and peddling within the Township of Bedminster,
including commercial solicitation, canvassing or peddling, charitable
and political solicitation or canvassing, and other licensed or unlicensed
solicitor, canvasser or peddler, as defined herein:
a.
No solicitation, canvassing or peddling shall extend beyond the permitted
timeframe of 9:00 a.m. to 9:00 p.m. Monday through Sunday.
b.
For commercial solicitation, canvassing and peddling only, no solicitor,
canvasser or peddler shall enter or attempt to enter upon any private
property upon which the property owner has posted a sign which reads
"No Solicitation" in a location which is reasonably visible to persons
who intend to enter upon such property.
[Amended 12-2-2019 by Ord. No. 2019-012]
c.
On private property, all merchandise, circulars, printed materials,
samples, handbills or other matters shall be handed to an occupant
of the property or secured on the premises in such a manner to prevent
such items from blowing or drifting about the premises. The securing
of any such items upon a vehicle or United States mail receptacle
is prohibited. Nothing herein shall apply to the distribution of mail
by the United States or a registered delivery service.
d.
On public property, all merchandise, circulars, printed materials,
samples, handbills or other matters shall only be handed or distributed
to persons willing to accept such items. There shall be no littering
of public streets, public places or other property within the Township.
e.
No merchandise, circulars, printed materials, samples, handbills
or other matters shall be left in or on any vehicle, whether located
on public or private property.
f.
No sign, poster, or other paper or device designed to attract the
attention of the public shall be permanently placed, posted or affixed
by any person within any public right-of-way, including, but not limited
to, lampposts, utility poles, shade trees, and buildings within the
Township of Bedminster. Additionally, no such items shall be permanently
placed, posted or affixed on any property owned by the Township of
Bedminster, County of Somerset, or State of New Jersey, unless authorization
is received from the Township Committee of the Township of Bedminster,
and the appropriate county or state officials, if applicable. This
prohibition does not apply to the placement of signs by or on behalf
of the State of New Jersey or any political subdivision thereof, or
the placement of temporary signs as authorized pursuant to Bedminster
Township ordinances.
g.
No solicitor, canvasser or peddler shall enter or attempt to enter
the house or apartment of any residence in the Township without the
express invitation from the occupant of the house or apartment.
h.
No solicitor, canvasser or peddler shall refuse to leave a private
dwelling or property after having been once requested to do so by
the owner or occupant thereof.
i.
No solicitor, canvasser or peddler shall have exclusive right to
any location on public property, unless prior approval is obtained
from the Township Committee of the Township of Bedminster, or other
appropriate governmental authority.
j.
There shall be no distribution of obscene merchandise or printed
material, or material that advocates unlawful conduct.
k.
The station, place, set up or maintaining of any cart, wagon, motor
vehicle or other conveyance shall not:
1.
Restrict, obstruct, interfere with or impede any right-of-way, including
sidewalks and roadways;
2.
Create or become a nuisance;
3.
Increase traffic congestion, cause or increase traffic delay or hazard;
4.
Leave such unattended at any time or place or leave same overnight
on a public right-of-way; and
5.
Cause or create or constitute a danger to life, health or property.
l.
No selling of food, drinks, ice cream, confections or other items
for immediate consumption without having first received any permit
or license required by the Township or the Board of Health for food
handling.
m.
All solicitors, canvassers or peddlers shall abide by the ordinances
and laws of the Township of Bedminster, County of Somerset and State
of New Jersey.
[Ord. #07-004, S 1]
a.
Any person or organization conducting commercial solicitation, canvassing or peddling, as defined in this section, without first obtaining a permit as required herein, and/or violating any of the provisions of this section, shall be subject to the revocation of the permit, if applicable, in addition to a fine or imprisonment, or both, up to the maximum amount permitted by § 1-5. Each and every act of solicitation, peddling or canvassing without a permit shall constitute a separate violation of the section.
b.
Any person violating the provisions of this section, whether as principal, agent or employee of another, whether conducting commercial solicitation, canvassing and peddling, or charitable or political solicitation or canvassing, shall be subject to a fine or imprisonment, or both, up to a maximum amount permitted by § 1-5. Each and every act of solicitation, peddling or canvassing in violation of the provisions of this section shall constitute a separate violation of the section.
c.
The Township Police Department shall be charged with the responsibility
of enforcing the provisions of this section.
[1]
Editor's Note: The power to regulate the removal of motor
vehicles from private or public property by operators engaged in such
practice is contained in N.J.S.A. 40:48-2.49, and the general police
power granted by N.J.S.A. 40:48-1.
[Ord. #2011-011]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean private property towing and other non-consensual
towing as defined in this section and other ancillary services that
include the following: arriving at the site from which a motor vehicle
will be towed; 15 minutes waiting time; hooking a motor vehicle to,
or loading a motor vehicle onto, a tow truck; transporting a motor
vehicle to a storage facility; unhooking or unloading a motor vehicle
from the tow truck; and situating the motor vehicle in the space in
which it will be stored. "Basic tow" also includes issuing documents
for the release of a motor vehicle to its owner or other person authorized
to take the motor vehicle; issuing an itemized bill; three trips to
the motor vehicle in storage, which, if applicable, include making
a vehicle available to an insurance appraiser or adjuster; issuing
documents for the release of a motor vehicle to its owner or other
person authorized to take the motor vehicle; and retrieving a motor
vehicle from storage during the hours in which the storage facility
is open.
Shall mean the business office of the towing operator where
the towing operator shall conduct business associated with the towing
and storage of vehicles.
Shall mean the Chief of the Bedminster Township Police Department
or his/her designee.
Shall mean releasing a motor vehicle to its owner or operator
when the motor vehicle has been, or is about to be, hooked to or lifted
by a tow truck, but prior to the motor vehicle actually having been
moved or removed from the property.
Shall include all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles, motorized scooters, motorized wheelchairs and
motorized skateboards.
Shall mean the towing of a motor vehicle without the consent
of the owner or operator of the vehicle. "Nonconsensual towing" includes
towing a motor vehicle when law enforcement orders the vehicle to
be towed whether or not the owner or operator consents.
Shall mean an individual, a sole proprietorship, partnership,
corporation, limited liability company or any other business entity.
Shall mean a storage facility that is either completely indoors
or is surrounded by a fence, wall or other man-made barrier that is
at least six feet high and is lighted from dusk to dawn.
Shall mean a space at which motor vehicles that have been
towed are stored by the towing operator.
Shall mean the moving or removing from public or private
property or from a storage facility by a motor vehicle of a consumer's
motor vehicle that is damaged as a result of an accident or otherwise
disabled, is recovered after being stolen, or is parked illegally
or otherwise without authorization, parked during a time at which
such parking is not permitted, or otherwise parked without authorization,
or the immobilization of or preparation for moving or removing of
such motor vehicle, for which a service charge is made, either directly
or indirectly. Dues or other charges of clubs or associations which
provide towing services to club or association members shall not be
considered a service charge for purposes of this definition.
Shall mean the list maintained by the Township Police Department
containing the names of those actively registered towing operators
whom have contracted with the Township to provide municipal towing
services for the Township.
Shall mean any person in the business of, or offering the
services of a towing service whereby motor vehicles are or may be
towed or otherwise removed from one place to another by the use of
a motor vehicle adapted to and designated for that purpose.
Shall mean the Township of Bedminster, Somerset County, New
Jersey.
Shall mean any device in, upon or by which a person or property
is or may be transported upon a highway.
[Ord. #2011-011]
It is the purpose of this section to establish a non-discriminatory
method of rotating calls between all registered operators requesting
to provide municipal towing services at the request of, on behalf
of, or for the Township of Bedminster or its Police Department.
[Ord. #2011-011]
a.
Any towing operator desiring to provide municipal towing services
for the Township must file an application with the Township, meeting
the requirements of this section, and enter into a contract with the
Township.
b.
The Township shall secure a contract with those towing operators
who filed applications with the Township and desire to provide municipal
towing services for the Township. The contract shall provide for an
annual review of the towing operator's services and compliance
with this section. The contract shall prohibit subcontracting by the
towing operator.
c.
The contract with the Township shall be for a period of three years.
At the expiration of the three-year term, in order to continue to
provide municipal towing services for the Township, the towing operator
shall file a new application, with the required submissions, and enter
into a new contract with the Township.
d.
Applications may be submitted to the Township, and contracts may
be awarded by the Township at any time. The contract shall not be
exclusive, with the Township being able to award contracts to multiple
towing operators at any time.
e.
The Township shall have the sole discretion to deny a contract with
any towing operator failing to file the requisite application or to
meet the requirements of this section. All applications for a contract
for the provision of municipal towing services filed with the Township
shall be granted or denied by the Township Committee, based upon the
recommendation of Chief of the Township Police Department, or his
designee, upon review of same.
[Ord. #2011-011]
a.
No person shall be eligible to provide municipal towing services
for the Township until it submits an application with the Township.
b.
An application for municipal towing shall be made in writing to the
Township Clerk, in the form prescribed by the Township Clerk, and
shall be accompanied by a fee of $300.
c.
The applicant shall state the complete street address of the location or locations from which the business of towing shall be conducted, indicating which its principal location is and which is its storage facilities, which shall meet the requirements of Subsection 4-2.11. The applicant shall provide a copy of a valid certificate of occupancy for the storage facility for automobile related uses.
d.
The applicant shall identify and provide a description of its towing vehicles, including vehicle registration number, weight, number of wheels and purpose, with which the applicant intends to provide towing services; and which shall meet the requirements of Subsection 4-2.5. The applicant shall provide copies of the equipment manufacturer's specification for each piece of equipment.
e.
The applicant shall provide the name, address and driver's license
number of the applicant and all employees of the applicant that are
expected to be involved in the operation of the applicant's vehicular
equipment for the towing of motor vehicles. All drivers for the applicant
shall be at least 18 years of age and possess a valid New Jersey driver's
license for the operation of the towing equipment.
f.
The applicant shall authorize a criminal background check of the
applicant and all of its employees and agents, including the obtainment
of a New Jersey driver's abstract. The costs associated with
obtaining the criminal background checks shall be the responsibility
of the applicant, which cost shall be related to the applicant by
the Township during the review of the application, and payment shall
be made through the Township prior to the award of a contract.
g.
The application shall include a valid original certificate of insurance from an insurer authorized to do business in the state, at the minimum amounts set forth in Subsection 4-2.8.
h.
The applicant shall disclose whether the applicant, or any of its employees or agents, is subject to any of the disqualifications specified in Subsection 4-2.6.
i.
The applicant shall provide written proof of a minimum of five years
towing experience.
j.
The applicant shall provide a minimum of three references of the
applicant's towing experience.
k.
The applicant shall provide copies of all certifications for its
employees as follows:
1.
Each "light duty" driver must obtain a certification for such operation
from a nationally recognized organization.
2.
Each "heavy duty" driver must obtain a certification for such operation
from a nationally recognized organization.
3.
Each "recovery supervisor" must obtain a certification for such operation
from a nationally recognized organization.
l.
The applicant shall furnish any additional information concerning
the personnel, vehicles, equipment and storage facilities of the applicant
as may be required by the Township Clerk or Chief of the Township
Police Department during the review of the application.
m.
If any of the information required in the application changes, or
if additional information should be added after the filing of the
application, the applicant shall provide that information to the Township
Clerk, in writing, within 30 calendar days of the change or addition.
Any application to add an additional driver during the contract term
shall be accompanied by a fee of $25.
n.
The applicant shall provide a certified statement of the willingness
of the towing operator to be available on a 24-hour, seven day per
week basis, and to abide by the instructions and directions of the
chief of police, his subordinates, and the provisions of this section.
Such towing operators shall further provide the telephone number or
numbers available on a 24-hour, seven day per week basis, and the
names, addresses and New Jersey Motor Vehicle driver's license
numbers of all the towing operator's employees.
[Ord. #2011-011]
a.
Any towing operator providing municipal towing services shall have
a minimum of four vehicles which meets the minimum standards set forth
below:
1.
At least one light duty wrecker with a minimum chassis rating of
15,000 pounds gross vehicle weight, equipped with a hydraulic boom
rated for 8,000 pounds, equipped with a hydraulic wheel-lift with
3,000 pounds lift capacity, and equipped with dual hydraulic winches
with each having an 8,000 pound capacity, with each winch equipped
with 100 feet of three-eighths (3/8) inch wire rope.
2.
At least two flatbed type wreckers with a minimum chassis rating
of 25,500 pounds gross vehicle weight, equipped with a minimum 21-foot
bed, and equipped with a hydraulic wheel-lift with 3,000 pounds lift
capacity.
3.
At least one of the above vehicles must have four-wheel drive.
4.
In addition to foregoing requirements, the towing operator must own
a heavy duty wrecker with a minimum chassis rating of 33,000 pounds
gross vehicle weight, as well as have a gross vehicle weight registered
of 80,000 pounds, equipped with a hydraulic boom rated for a minimum
of 35 tons, equipped with a hydraulic under-reach with a minimum 45,000
pounds lift capacity, dual hydraulic winches, and have tandem rear
axles.
5.
All vehicles must be equipped with two-way radios, cab mounted amber
emergency warning lights (conforming to New Jersey Motor Vehicle law
standards and all light permits being obtained), tow sling type bars
with rubber straps and/or wheel lift capability with safety straps
to prevent damage to towed vehicles, and with steering locks for towing
vehicles from the rear.
[Ord. #2011-011]
a.
The Township may deny, suspend or revoke any contract for municipal
towing services upon the recommendation of the Chief of the Township
Police Department, or upon other proof that the towing operator, or
any of its employees or agents:
1.
Has obtained a registration through fraud, deception or misrepresentation;
2.
Has engaged in the use or employment of dishonesty, fraud, deception,
misrepresentation, false promise or false pretense;
3.
Has engaged in gross negligence or gross incompetence;
4.
Has engaged in repeated acts of negligence or incompetence;
5.
Has had a towing operation registration or license revoked or suspended
by any other state, agency or authority for reasons consistent with
this section;
6.
Has violated or failed to comply on more than three occasions with
the schedule of tariff or fee regulations herein; or
7.
Has been convicted of:
(b)
Motor vehicle theft or any crime involving a motor vehicle under
Chapter 20 of Title 2C of the New Jersey Statutes; or
(c)
Any other crime under Title 2C of the New Jersey Statutes relating
adversely to the performance of towing services or the storage of
motor vehicles as determined by the Chief of the Township Police Department.
b.
A final refusal to register, or the suspension or revocation of a
registration by the Township shall not be made except upon reasonable
notice to the applicant, and an opportunity for the applicant to be
heard by the Township Committee.
[Ord. #2011-011]
The chief of police is hereby authorized to establish a system
of rotation for the assignment of contracted towing operators to provide
municipal towing services required pursuant to this section. The rotation
system shall be established on a non-discriminatory and nonexclusionary
basis. Only towing operators with executed contracts with the Township
shall be assigned to the rotation list. A towing operator shall be
added to the rotation list at any time upon entering into a contract
with the Township pursuant to this section. All new contracted towing
operators shall be assigned to the rotation list at the bottom of
such list. The rotation list shall be composed so as to permit a reasonable
rotation of contracted towing operators. If the towing operator currently
on-call under the rotation list cannot respond and provide the required
municipal towing service, the Township shall move to the next towing
operator on the rotation list. If no towing operator on the rotation
list is able to respond and provide the required municipal towing
service, the chief of police may deviate from the rotation list and
arrange for another towing operator to provide such service.
Notwithstanding the above rotation list, in the interests of
public safety, the chief of police, in his/her discretion, taking
into account the emergency, safety and location of the situation,
may part from the rotation list and call for the closest available
towing operator to respond.
[Ord. #2011-011]
In addition to the insurance requirements set forth in N.J.A.C.
45A-31.3, as may be amended from time to time, all towing operators
providing municipal towing services must maintain the following insurance
policies, naming the Township as an additional insured:
a.
Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is up to 26,000 pounds, for the death of, or injury to,
persons and damage to property for each accident or occurrence in
the amount of $750,000, single limit; and
b.
Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is more than 26,000 pounds, for the death of, or injury
to, persons and damage to property for each accident or occurrence
in the amount of one million ($1,000,000) dollars, single limit.
c.
Garagekeeper's Policy. A garagekeeper's liability policy
in the minimum amount of $100,000, and "on-hook" coverage, for each
vehicle damaged on a separate claim.
d.
Garage Liability Policy. A garage liability policy covering applicant's
business, equipment and vehicles in the minimum amount of $500,000
for any one person injured or killed, and a minimum of one million
($1,000,000) dollars for more than one person killed or injured in
any accident and an additional $100,000 for any damage arising from
injury or destruction to property, and/or a combined single limit
of one million ($1,000,000) dollars. In addition to each policy containing
an endorsement showing the Township as an additional insured, such
policy shall also provide an endorsement entitling the Township to
30 days' prior written notice to the chief of police in the event
of any change in coverage under the policy, or in the event of the
cancellation of the policy.
e.
Worker's Compensation Policy. A worker's compensation policy
covering all of applicant's employees and operators, containing
statutory coverage including liability coverage of at least $500,000
for each accident per person, $500,000 policy aggregate limit per
disease, and $500,000 for each disease per person.
f.
Umbrella liability insurance policy in the amount of five million
($5,000,000) dollars.
[Ord. #2011-011]
Any contract entered into by the Township with a registered
towing operator pursuant to this section shall include a provision
whereupon the registered towing operator assumes all liability and
shall indemnify and save the Township, its committees, boards, departments,
agents, and employees, harmless from damages or losses sustained by
vehicles while being towed, stored or released from towing operator's
possession, and from all personal injuries and property damage occurring
to any persons, or property, as a result of the performance of the
towing operator's services, including, but not limited to, towing,
storage, or other such activities relating to the municipal towing
services. All responsibility for the release of a stored vehicle shall
be on towing operator only.
[Ord. #2011-011]
a.
A towing operator may only charge a fee for those towing and storage
services set forth as follows, plus the cost of any materials, parts
or fuel, unless otherwise provided for in N.J.A.C. 13:45A-31.4:
|
Service Provided
| ||
|---|---|---|
|
Basic Tow Fee
|
Fees (Not to Exceed)Day
|
Fees (Not to Exceed) Night/Weekend/ Holiday
|
|
Light Duty Rate (less than 10,000 G.V.W.)
|
Tow: $125
Recovery: $150
(Flat rate per tow)
|
Tow: $150
Recovery: $200
(Flat rate per tow)
|
|
Medium Duty Rate (10,000 to 32,000 G.V.W.)
|
Tow: $150
Recovery: $250
(Per hour, per truck)
|
Tow: $200
Recovery: $350
(Per hour, per truck)
|
|
Heavy Duty Rate (greater than 32,000 G.V.W.)
|
Tow: $400
Recovery: $450
(Per hour, per truck)
|
Tow: $450
Recovery: $500
(Per hour, per truck)
|
|
Storage
|
Fees (Not to Exceed) Outside
|
Fees (Not to Exceed) Inside
|
|---|---|---|
|
Light Duty
|
$35 per day
|
$50 per day
|
|
Medium Duty
|
$75 per day
|
$100 per day
|
|
Heavy Duty
|
$100 per day
|
$200 per day
|
|
Mileage
|
$4 per mile from scene or site of tow
|
|
Road Service
|
$75 per call
|
|
Decoupling Fee
|
$25 per call
|
|
Clean-up Labor Charge
|
$50 per hour
|
b.
A towing operator may not charge a service fee for towing and storage
services, which are ancillary to and shall be included as part of
basic towing services, and is not included in the schedule approved
by the Township.
c.
A towing operator must accept all forms of payment, such as a debit
card, charge card or credit card, for payment in lieu of cash for
towing or storage services if the operator ordinarily accepts such
payment at his place of business.
d.
A towing operator that engages in private property towing or other
nonconsensual towing shall calculate storage fees based upon full
24-hour periods a motor vehicle is in the storage facility. For example,
if a motor vehicle is towed to a storage facility at 7:00 p.m. on
one day and the owner of the motor vehicle picks up the motor vehicle
on or before 7:00 p.m. the next day, the towing operator shall only
charge the owner of the motor vehicle for one day of storage. If a
motor vehicle is stored for more than 24 hours, but less than 48 hours,
the towing operator may only charge for two days of storage.
e.
A bill for private property tow or other nonconsensual tow shall
include the time at which a towed motor vehicle was delivered to a
towing company's storage facility.
f.
Municipal Storage Rates. Storage fees to be charged to or on account
of the Township for the storage of Township owned or operated vehicles
shall not exceed those fees permitted by N.J.S.A. 40:48-2.50.
[Ord. #2011-011]
a.
The towing operator providing municipal towing services must tow
all vehicles to a storage facility meeting the following requirements:
1.
Has a business office open to the public between 8:00 a.m. and 6:00
p.m. at least five days a week, excluding holidays;
2.
Have the ability to provide inside vehicular storage;
3.
Have the ability to store a minimum of six vehicles;
4.
Is safe and secured, such as being completely fenced in;
5.
If it is an outdoor storage facility, lighted from dusk to dawn;
and
6.
Is located within 10 driving miles of any Township border.
b.
The towing operator shall provide reasonable accommodations for after-hours
release of stored motor vehicles and shall not charge a release fee
or other charge for releasing motor vehicles to their owners after
normal business hours or on weekends.
[Ord. #2011-011]
All towing operators who have entered into contracts with the
Township to provide municipal towing services shall be obligated to
comply with the following duties and regulations:
a.
Remove and tow to the designated storage facility all vehicles directed
by the chief of police to be removed and towed because such vehicles
are, in the chief of police's sole discretion designated as abandoned,
illegally parked, disabled, involved in an accident, or to be impounded
because of criminal or other investigation. At the sole discretion
of the chief of police, taking into consideration safety concerns,
the owner or operator of a disabled vehicle may be permitted to arrange
for the vehicle to be towed by a towing operator of his/her choice.
b.
Store such vehicles and move such vehicles as directed by chief of
police. When not otherwise directed or required by the chief of police,
the owner or operator of a disabled vehicle may request that the vehicle
by towed to a location other than the designated storage facility.
Upon direction of the chief of police, the towing operator shall not
release a vehicle towed which is subject to a criminal investigation,
including, without limitation, compliance with "John's Law,"
without prior authorization by the chief of police.
c.
Provide 24 hours, seven day a week service to the Township during
the term of the contract.
d.
Not utilize answering machines or answering services when on-call
under the rotation list.
e.
Respond promptly to all requests for municipal towing services by
the chief of police. In any event, the towing operator shall respond
and be present at the location (all locations within the Township)
for municipal towing services within 15 minutes of receipt of notice
of same between the hours of 8:00 a.m. and 5:00 p.m. (hereinafter
"daytime"), and within 25 minutes of receipt of notice between the
hours of 5:01 p.m. and 7:59 a.m. (hereinafter "nighttime"). In the
event a towing operator does not arrive at the tow location within
the above time periods, the police officer on the scene shall have
the right to have a substitute towing operator called to the location
who will have the right to perform the municipal towing services;
and the originally called towing operator shall have no right to payment
from any party.
f.
Not charge any fee for replacement of equipment or materials provided
at the scene of the tow.
g.
Tow any and all disabled Township-owned or operated vehicle upon request by the chief of police to a location within the Township. The towing operator will not charge the Township for the towing of Township-owned passenger vehicles or pick-up trucks within two miles of the Township border to a location within the Township. All other towing of Township-owned or operated vehicles shall be charged pursuant to Subsection 4-2.10 at a 20% discount. Nothing herein shall limit the Township from utilizing the towing services provided for in any public bid contract.
h.
Clean up all broken glass and debris at the scene of accidents (all
towing operators must be equipped with a broom and a shovel).
i.
Ensure that all drivers and operators of the towing operator must
wear ANSI Class 2 reflective safety vests at all times when responding
to a request by the Township.
j.
Furnish additional towing equipment and services during storm periods,
periods of snow emergencies, traffic emergencies, natural or other
disasters, any acts of God, and for any other reason when so designated
by the chief of police. Such standby service shall begin and end when
the chief of police notifies the towing operator. The Township reserves
the right, during any such emergency, to designate temporary areas
owned or leased by the Township and/or the towing operator for the
storage of disabled vehicles, and to direct the towing operator to
remove such disabled vehicles to said areas.
k.
Record all vehicles towed and/or stored on forms provided by the chief of police as soon as possible after each vehicle is towed, but no later than the end of each towing operator's rotation pursuant to Subsection 4-2.12d, and retain such records for a period of seven years. The Township shall be provided with a copy of any and all records evidencing that a vehicle has been towed and/or stored by the towing operator. Such records shall include a report of all personal property found within a towed vehicle that can be observed by the towing operator at the time the vehicle came into the towing operator's possession, an accounting of all monies received for fees for towing, and a separate accounting of all monies received for fees for storage services pursuant to this section. The chief of police shall have access upon demand, to any and all records required to be kept by this section.
l.
In all of the towing operator's dealings with the public, the
towing operator shall act in a professional manner, courteous at all
times, and respectful to members of the public, as well as representatives
of the Township. Reports of discourteous behavior by the towing operator
or his drivers which may be substantiated and documented, shall be
considered by the Township as sufficient cause for revocation and
termination of the towing operator's registration, and be considered
as material default under any contract entered into with a towing
operator pursuant to this section.
[Ord. #2011-011]
No towing operator, whether registered or under contract with
the Township, shall respond to the scene of an accident or emergency
for the purposes of towing a vehicle unless specifically notified
by the chief of police, or his/her designee, or the individual involved
in the accident or emergency. All persons, towing operators, and owners
of towing equipment are hereby prohibited from soliciting business
at the scenes of accidents and emergencies within the Township.
[Ord. #2011-011]
Any person having a dispute or complaint arising from a specific
act of towing or storage of motor vehicles which is regulated by this
section shall present that complaint or dispute to the chief of police
for resolution. The chief of police shall render his decision as to
how the said complaint or dispute is to be resolved within 10 days
of his conducting a hearing as to the same. Such hearing can be in
person, by telephone or on written presentation at the election of
the chief of police. In the event of an adverse decision against a
registered towing operator, said registration may be revoked. Any
appeal of the chief of police's decision may be appealed to the
governing body of the Township.
[Ord. #2011-011]
a.
This section shall be enforced by the Bedminster Township Police
Department or the Township Clerk.
b.
Any violation of the provisions of this section, including the failure to register with the Township as required herein, shall subject such violator, upon issuance of a summons and conviction in municipal court, and at the court's discretion, to the fines and penalties set forth in § 1-5 for each such violation.
c.
Any violation of the provisions of this section may also subject
the violator to a revocation or nonissuance of the contract with the
Township. If a towing operator's contract is revoked pursuant
to this provision, such towing operator is barred from re-applying
with the Township for a period of one year from the date of the revocation.
d.
In addition to any penalties or other remedies provided herein, the
towing operator that has billed a person an amount in excess of the
fee specified in its filed schedule for the service provided shall
reimburse such person for the excess cost.
