[Ord. No. 69-00 § 1]
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
Shall mean a private passenger automobile or motorcycle.
Shall mean 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 that has left
the roadway and does not include any additional labor required to
clean up the scene.
Shall mean from 8:00 a.m. until 4:30 p.m., prevailing time.
Shall mean from 4:31 p.m. until 7:59 a.m., prevailing time.
Shall mean 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 feet high.
Shall mean the recovery of an automobile from a position
off the roadway, the recovery of a vehicle on the roadway which is
overturned or on its side or in any other position other than its
normal position. Recovery charges are in addition to any towing charges.
Shall mean a vehicle equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal and transport of private
passenger automobiles.
Shall mean any motor vehicle other than an automobile as
defined above. Trucks up to 6,999 lbs. GVWR shall be subject to light
duty towing rates; vehicles between 7,000 lbs. GVWR and 29,999 lbs.
GVWR shall be subject to medium duty towing rates and vehicles over
30,000 lbs. shall be subject to heavy duty towing rates.
Shall mean time spent at the scene standing or waiting for
extrication of victims, police investigation, etc. after one-half
hour.
Shall mean moving a vehicle by use of the cable or winch
from a position that is not accessible for direct hookup by conventional
means of loading onto a tow vehicle. It shall not include pulling
a motor vehicle onto a tilt bed or car carrier or lifting a vehicle
with a conventional tow sling.
Shall mean removal of the vehicle from the towing operator's
storage yard for the benefit of another towing operator who is taking
the vehicle from the storage site and whose tow vehicle is physically
unable to gain access to the vehicle while it is inside the storage
yard.
[Ord. No. 69-00 § 1]
Whenever a police officer orders the removal of automobiles from private or public property, the officers shall utilize the rotation lists established in subsection 24-2.2 of this chapter.
[Ord. No. 69-00 § 1; Ord. No. 74-01 § 1]
At every annual reorganization meeting, the Township Committee
shall establish by resolution a list of automobile towing contractors
and a list of truck towing contractors to be utilized by the Police
Department on a rotating basis. An operator may, if qualified, be
on both lists. Such lists shall be utilized by members of the Police
Department on a nonexclusionary and nondiscriminatory basis. Only
those towing contractors who meet the minimum standards of operator
performance set forth in this chapter shall be included on such lists.
There shall be no limit on the number of operators on either list.
Operators may be added to the list at any time.
a.
Equipment. All towing operators shall meet the following requirements:
1.
For classification as an automobile towing service the operator must
possess one flatbed-style tow truck and one hoist-type tow truck with
a wheel lift and one (1) other vehicle with wheel lift or flat bed
capability.
2.
For classification as a truck towing service, the contractor must
have one heavy duty tow vehicle capable of towing a fully loaded tractor
trailer weighing 80,000 pounds.
4.
All towing vehicles must have amber emergency warning lights mounted
on the vehicle so as to warn approaching traffic of their presence.
The size and location of these lights must conform to New Jersey Division
of Motor Vehicle standards. The operator must have an amber light
permit.
5.
All towing vehicles must carry a copy of their rate schedule. Said
schedule must also be displayed in a conspicuous manner at the operator's
place of business.
b.
Facilities. Each operator must have a storage lot and place of business
within five miles of the Long Hill Township corporate line. The towing
business and storage lot must comply with all zoning ordinances and
regulations in the municipality in which they are located.
c.
Availability and Response Time. Each operator must be available 24
hours a day, seven days a week and must respond within 20 minutes
during daytime hours and 30 minutes during nighttime hours of the
original telephone call request by the Police Department.
[Ord. No. 69-00 § 1]
The following is the fee schedule for towing services and storage:
a.
Automobiles. The fee schedule for towing services and storage for
automobiles shall be established by the Township Committee by resolution.
b.
Trucks. The fee schedule for towing services and storage for trucks
shall be established by the Township Committee by resolution.
c.
Cancellation. No fee may be charged when a request for towing service
is canceled by a Township Police Officer, even if the towing request
is canceled after the towing operator has arrived at the scene.
d.
Rate Schedule to be Submitted to Division of Consumer Affairs. Pursuant
to the requirements of N.J.S.A. 40:48-2.55b, the Township Clerk shall
submit copies of all schedules of services and rates adopted pursuant
to this chapter for the towing and storage of motor vehicles to the
Division of Consumer Affairs for review within 90 days of adoption
of any resolution establishing the rates for towing and storage.
[Ord. No. 69-00 § 1]
No impounded vehicle is to be released without proper authorization
from the Police Department. Vehicle release arrangements must be available
from the hours of 8:00 a.m. to 4:00 p.m., Monday through Saturday
(excluding New Jersey State holidays). In accordance with N.J.S.A.
39:3-40.6, no motor vehicle which has been impounded shall be released
by the Police Department unless proof of valid motor vehicle insurance
for that vehicle is presented to the Department. The recovery or salvage
of the impounded motor vehicle by, or on behalf of, an insurer, financial
institution or other lending entity, shall not require proof of valid
motor vehicle insurance for that vehicle.
[Ord. No. 69-00 § 1]
a.
Each operator on the approved lists shall furnish the Township Clerk
with a certificate of insurance from an insurance company satisfactory
to the Township. Each certificate of insurance shall identify the
coverage provided and shall provide that such insurance shall not
be changed or canceled without giving 10 days' prior written
notice to the Township by certified mail, return receipt requested.
Specific reference to the rotating lists of towing operators shall
be made on all policies of insurance.
b.
Each operator must have bodily injury liability, property damage
liability, employers liability and motor vehicle liability coverage
with combined policy limits of $1,000,000. Each approved operator
must also have statutorily required workers' compensation coverage.
c.
Each operator shall indemnify and save the Township harmless from
all damages and claims for damages which may be made by any person
for bodily injury or property damages as a result of the operator's
performing pursuant to this chapter.
[Ord. No. 69-00 § 1]
The Police Department is designated to enforce the provisions
of this chapter in accordance with due process of law. In carrying
out the provisions of this chapter, the Police Chief is hereby authorized
to adopt additional reasonable regulations which are not inconsistent
with this chapter.
[Ord. No. 69-00 § 1]
a.
Junk Vehicles. A junk vehicle shall be defined as a motor vehicle
incapable of being operated safely or of being put in a safe operational
condition except at a cost in excess of the value thereof. If the
vehicle is unclaimed by the owner or other person having legal right
thereto for a period of 15 business days, the contractor shall notify
the Chief of Police or his designee that the vehicle has been held
for the statutory time and that the vehicle is ready for sale. The
Township shall supply titles for abandoned junk vehicles in accordance
with N.J.S.A. 39:10-1 and 3.
b.
Abandoned Vehicles. An abandoned vehicle shall be defined as a motor
vehicle which cannot be certified for a junk title certificate pursuant
to N.J.S.A. 39:10A-3. If the vehicle is unclaimed by the owner or
other person having legal right thereto for a period of 20 business
days, the contractor shall notify the Chief of Police or his designee
that the vehicle has been held for the statutory time and that the
vehicle is ready for sale pursuant to N.J.S.A. 39:10A-1 and 4.
c.
Conduct of Sale. Sales of all junk and abandoned vehicles shall be
conducted in accordance with the provisions of N.J.S.A. 39:10A-1 et
seq.
d.
Proceeds from Sale. Proceeds from the sale of junk or abandoned vehicles
shall be used to satisfy any towing or storage charges which may have
accumulated on the subject vehicle. Excess proceeds shall be paid
to the Township Treasury. If the proceeds are insufficient to cover
the accumulated costs, such excess cost shall be waived by the contractor
and no further funds will be due from the Township or the purchaser
of the vehicle. This section will be administered in accordance with
N.J.S.A. 39A:10-1 et seq.
e.
Failure to Follow Statutory Procedures. Any operator found to be
disposing of vehicles in violation of this procedure will be charged
with misapplication of entrusted property (N.J.S.A. 2C:21-15) and
will be prohibited from providing service for Long Hill.
[Ord. No. 69-00 § 1]
a.
The owner of any vehicle towed shall have the right to remove property
belonging to him or her from the stored vehicle unless a "police hold"
is marked on the towing form.
b.
The vehicle owner or his or her authorized representative shall have
the right to take photographs of stored vehicles.
c.
If the Police Department receives any complaints arising from the
towing and storage of motor vehicles required by the Township without
the consent of the owner, such complaints shall be heard and decided
by the Chief of Police or his designee.
[Ord. No. 69-00 § 1]
This chapter, all regulations adopted by the Police Chief and
the fee schedules of individual towers shall be available to the public
during normal business hours.
[Ord. No. 69-00 § 1]
a.
The operator shall always act in a professional manner and at all
times to be courteous and respectful toward members of the public,
as well as representatives of the Township of Long Hill. While members
of the public, especially those whose cars may have been towed or
impounded, may at times resort to strong language, threats and unbecoming
behavior toward the operator, the operator is expected to exercise
restraint and not to respond in kind and thereby reflect unfavorably
on the Township of Long Hill and/or the Police Department.
b.
Repeated reports of discourteous behavior by the operator, which
can be substantiated and documented, may be considered by the Township
as sufficient cause for termination of the contract.
[Ord. No. 69-00 § 1]
There shall be no privity of contract between the Township and any towing operator on the rotation list and utilized by the Police Department pursuant to subsection 24-2.2. Except to the extent that the Township will use the proceeds from the sale of abandoned and junk vehicles to satisfy towing and storage charges pursuant to subsection 24-4.4, the Township will not be liable for any towing or storage or related charges for services rendered pursuant to this chapter.
[Ord. No. 69-00 § 1]
a.
Any contractor who violates any section of this chapter, in addition
to any other penalties provided by law, shall be subject to suspension
of towing privileges for one month for a first offense, three months
for a second offense and six months for a third offense. If the contractor
commits a fourth offense, its right to provide towing services to
the Township shall be permanently revoked.
b.
Any contractor who violates the operator rate schedule shall receive
a fine of $100 and suspension of towing privileges for one month.
A second violation will result in a fine of $250 and suspension of
towing privileges for six months. A third violation will result in
a fine of $500 and permanent revocation of towing privileges.
c.
In all cases, if a contractor, overcharges a vehicle owner, the excess
moneys paid will be returned by the contractor.
d.
A towing operator may be removed from the annual list by resolution
of the Township Committee if its performance is determined to be unreliable
or inadequate. If there is a breach of any of the provisions of this
chapter or applicable regulations, an operator may be removed from
the list by the Chief of Police pending action by the Township Committee.
