[Ord. #93-952, § 1; Ord. #11-1526]
To establish rules and regulations, pursuant to N.J.S.A. 40:48-2.49,
N.J.A.C. 13:45A-31 and N.J.A.C. 17:33-47 and 48, for the towing and
storage of motor vehicles damaged in accidents, utilized in the commission
of crimes, recovered after being stolen, or otherwise impounded by
the police department, from public roadways by operators engaged in
the business of towing and storing motor vehicles.
[Ord. #93952, § 2; Ord. #11-1526]
The provisions of this chapter shall apply to those businesses
that engage in the towing and storage of motor vehicles within the
township through the police department.
[Ord. #93-952, § 3; Ord. #11-1526]
Shall mean a vehicle which the owner or operator leaves on
a public roadway and fails to notify the police and does not attempt
to repair and remove the same within a reasonable period of time.
Shall mean a motor vehicle which has been involved in an
accident.
Shall mean private property towing and other nonconsensual
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 towing a motor vehicle when the owner or operator
of the motor vehicle has consented to have the towing company tow
the motor vehicle.
Shall mean a natural person.
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 mean any motor vehicle which is unable to operate under
its own power.
Shall mean a tow truck designed to transport a motor vehicle
by means of raising the motor vehicle from road level up onto a hydraulic
bed for transporting purposes.
Shall mean that recovery of any motor vehicle over 10,000
pounds gross vehicle weight which requires the vehicle to be up righted
or recovered from either on or off the traveled portion of a public
roadway.
Shall mean the towing of any motor vehicle over 10,000 pounds
gross vehicle weight.
Shall mean a vehicle which, at the direction of the police
department is taken into police custody because the operator of the
vehicle was engaged in a violation of the law, including but not limited
to the operator being arrested on a DWI charge; operator has been
arrested for driving without registration or insurance; the operator
has been arrested for stealing the motor vehicle; vehicle involved
in a serious accident, e.g.; death by auto.
Shall mean the towing of any motor vehicle up to 10,000 pounds
gross vehicle weight.
Includes all vehicles propelled other than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles, motorized scooters, motorized wheelchairs and motorized
skateboards.
[Amended 6-11-2020 by Ord. No. 20-1729]
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, sole proprietorship, partnership,
corporation, limited liability company or any other business entity.
Shall mean nonconsensual towing from private property or
from a storage facility by a motor vehicle of a consumer's motor vehicle
that is parked illegally, 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.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
Shall mean a person offering or performing private property
towing services.
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 the use of absorbents to soak up any liquids from
a motor vehicle at the site from which a motor vehicle will be towed.
Shall mean a space at which motor vehicles that have been
towed are stored.
Shall mean fees charged for the storage of motor vehicles.
Shall mean covering a motor vehicle to prevent weather damage.
Shall mean a motor vehicle equipped with a boom or booms,
winches, slings, tilt beds or similar equipment designed for the towing
or recovery of motor vehicles.
Shall means the moving or removing from public or private
property or from a storage facility by a motor vehicle of a consumer's
noncommercial motor vehicle that is damaged as a result of an accident
or otherwise disabled, 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 a person offering or performing towing services.
Shall mean a rotating list of all towing services registered
with the township kept by the township chief of police. When the police
require the towing and storage of a motor vehicle from public roadways,
they shall contact the towing service on the top of the rotating towing
list as determined by this chapter.
Shall mean fees charged by a towing service for removal and
transportation of the vehicle.
Shall mean a business engaged in the towing or storing of
motor vehicles which has been approved for the towing list.
Shall mean a motor vehicle employed by the towing service
for the purpose of towing, transporting, conveying or removing of
motor vehicles from public roadways.
Shall mean manipulating a motor vehicle's transmission, so
that the motor vehicle may be towed.
Shall mean any device in, upon or by which a person or property
is or may be transported upon a highway.
Shall mean any time a towing company spends at the site from
which a motor vehicle will be towed, during which the towing company
is prevented from performing any work by another individual, beyond
the time included as part of a basic tow.
Shall mean the process of moving a motor vehicle by the use
of chains, nylon slings or additional lengths of winch cable from
a position that is not accessible for direct hook up for towing a
motor vehicle. "Winching" includes recovering a motor vehicle that
is not on the road and righting a motor vehicle that is on its side
or upside down, but does not include pulling a motor vehicle onto
a flatbed tow truck.
Shall mean any material used to cover motor vehicle windows
that have been damaged.
[Ord. #93-952, § 4; Ord. #11-1526]
a.
No towing service shall be placed upon the towing list for the towing or storing of motor vehicles within the Township, unless the towing service shall first register with the Township. In order to be placed upon the towing list for light-duty towing, a towing service must be located within five miles of the geographic center of Hopewell Township or within Hopewell Township, Pennington Borough or Hopewell Borough. Registration applications shall be made available by the township police department. A towing service that has met all the specifications and requirements of this chapter and has registered with the Township shall be placed on the towing rotation list by the chief of police. No towing service on the Hopewell Township Police Department towing rotation list shall exceed the fees set forth in the attached fee schedule, established in 2020, and adjusted according to § 21-6b. The fee schedule may be found at the end of this chapter.
[Amended 6-11-2020 by Ord. No. 20-1729]
b.
The towing service owner or its authorized representative shall sign
the registration application form indicating that the full requirements
of this chapter have been met by the towing service applicant.
c.
If any information provided by a towing service in its registration
application changes, the towing service is responsible for notifying
the Police Department of the change in the registration information
within 30 days of such change. Failure to comply with this provision
will be deemed a violation of the chapter.
[Ord. #93-952, § 5; Ord. #11-1526]
a.
The minimum amounts of insurance a towing company shall secure and
maintain are:
1.
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
2.
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 $1,000,000, single limit.
b.
A towing company shall also secure and maintain, for every tow truck,
insurance that covers garage keeper legal liability in the amount
of $100,000, and "on-hook" coverage, either as an endorsement on the
insurance required by (a) above or in the amount of $100,000.
c.
The insurance required by paragraphs a and b above shall be obtained
from an insurance company authorized to do business in New Jersey.
[Ord. #11-1526]
a.
Fees and rates for towing and storage of motor vehicles damaged in accidents, utilized in the commission or crimes, recovered after being stolen, or otherwise impounded by the Police Department shall not exceed the limits set forth in the attached fee schedule established in 2020, and adjusted according to § 21-6b.
[Amended 6-11-2020 by Ord. No. 20-1729]
b.
All fee limits set by this section shall be increased or decreased
by an amount equal to the annual percentage rate as determined by
the U.S. Department of Labor, Consumer Price Index (CPI) for the Philadelphia
Metropolitan Area. The first adjustment shall be made on July 1, 2021,
and each year thereafter.
[Amended 6-11-2020 by Ord. No. 20-1729]
c.
Fees and services covered by this chapter:
1.
Basic tow, which shall be a flat fee; and
2.
In the case of a motor vehicle involved in an accident the following
additional services, if actually performed:
(a)
Waiting time in excess of 15 minutes, which shall be calculated based
upon each 15 minutes spent at the site from which a motor vehicle
will be towed, with fewer than 15 minutes rounded up to 15;
(b)
Brush cleaning, including collection of debris that can be picked
up by hand, which shall be a flat fee;
(c)
Site cleanup, which shall be calculated based upon the number of
bags of absorbent used;
(d)
Winching, which shall be based upon each one-half hour spent performing
winching;
(e)
The use of window wrap, which shall be a flat fee;
(f)
Tarping, which shall be a flat fee;
(g)
Transmission disconnect, a flat fee, which shall be charged only
if a motor vehicle is locked and the towing company is unable to obtain
the keys for the motor vehicle;
(h)
Use of a flat bed tow truck, a flat fee, which shall be charged if
a motor vehicle can be transported only by a flat bed tow truck;
(i)
Use of special equipment other than the first tow truck to recover
a motor vehicle that cannot be recovered by winching or pieces of
a motor vehicle that cannot be moved by hand, which may be both a
labor and an equipment charge billed in half-hour increments;
(j)
Decoupling;
(k)
Storage at a towing company's storage facility;
(l)
More than three trips to the motor vehicle in storage, which may
be invoiced as an administrative fee, which shall be a flat fee; and
(m)
Releasing a motor vehicle from a towing company's storage facility
after normal business hours or on weekends, which shall be a flat
fee.
d.
A towing company that engages in private property towing or other
nonconsensual towing shall not charge for the use of a flat bed tow
truck if a motor vehicle can safely be towed in an upright position
by another type of tow truck, even if the private property towing
company chooses to use a flat bed tow truck for the tow.
e.
A towing company that engages in private property towing or other
nonconsensual towing shall calculate storage fees based upon full
twenty-four-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 before 7:00 p.m. the next day, the towing company shall
charge the owner of the motor vehicle only for one day of storage.
If a motor vehicle is stored for more than 24 hours, but less than
48 hours, the towing company may charge for two days of storage.
f.
A towing company shall not charge any fee for private property towing or other nonconsensual towing and related storage services not included in Subsection c above.
g.
If a towing company charges a consumer a fee for a private property or other nonconsensual towing service that is disputed by the consumer, the parties shall use good faith efforts to resolve the dispute. If the parties are unable to resolve the dispute and the Township Administrator determines the fee to be unreasonable under this chapter or N.J.A.C. 13:45A-31.5, the Township Administrator may order the towing company to reimburse the consumer for an amount equal to the difference between the charged fee and a reasonable fee, plus interest, as calculated pursuant to Subsection h below.
h.
The interest rate imposed pursuant to Subsection g above shall be based on the average rate of return, to the nearest whole or 1/2%, for the corresponding preceding fiscal year terminating on June 30, of the State of New Jersey Cash Management Fund (State accounts) as reported by the Division of Investment of the Department of the Treasury.
i.
A towing company performing a private property tow or other nonconsensual
tow shall take the motor vehicle being towed to the towing company's
storage facility having the capacity to receive it that is nearest
to the site from which the motor vehicle is towed.
j.
A bill for a 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.
k.
Unreasonable fees.
1.
A fee for private property towing or other nonconsensual towing services,
and storage services, shall be presumed unreasonable if it is:
(a)
More than 25% higher than the fee charged by the towing company or
storage facility for the same services when provided with the consent
of the owner or operator of the motor vehicle; or
(b)
More than 50% higher than the fee charged for such other nonconsensual
towing or related storage service by other towing companies or storage
facilities operating in the municipality from which the vehicle was
towed.
[Ord. #93-952, § 7; Ord. #11-1526]
a.
All towing services placed on the police department towing list shall
be available to respond to a police request for a tow 24 hours a day,
seven days a week, including holidays.
b.
All towing companies shall respond to a call in any part of the township
within 30 minutes. If a towing company does not respond within 30
minutes of a call, the towing company next on the list shall be called
and entitled to provide services as needed, and the first towing company
shall lose any claim to compensation.
c.
All drivers and operators of towing vehicles shall be properly licensed
to operate a motor vehicle within the State of New Jersey and are
subject to driver's license checks by the township police department
at the time of registration and at least on an annual basis thereafter.
All drivers and operators of towing vehicles shall be Certified Towing
Operators by one of the two nationally recognized towing safety organizations
— WreckMaster or Towing and Recovery Association of America.
All towing vehicles shall be properly registered and inspected in
accordance with any applicable law.
d.
All applicants and/or agents must submit to a criminal history check
in compliance with the New Jersey State Police Criminal Information
Unit, State Bureau of Identification (SBI form 212B). The applicant
or agent shall not have received a criminal conviction within the
last seven years for any indictable offense or any offense involving
stolen or embezzled vehicles, fraud relating to the towing business,
stolen property, or any other offense of similar nature.
e.
All vehicles must be towed in a safe manner.
f.
All towing companies shall be capable of providing reasonable roadside
services to disabled vehicles such as, but not limited to, jump-starting,
changing of flat tires and providing fuel. Such services will only
be performed if they can be done so safely, as determined by the police
officer on the scene.
g.
All towing companies shall make available a copy of its basic rates
and a business card to all owners and operators of motor vehicles
which will be towed.
h.
Towing companies shall not remove any motor vehicle which has been
abandoned or involved in an accident in any public roadway without
first notifying the township police department.
i.
The police department shall not call a towing company to remove a
vehicle from private property. The police department shall provide
the property owner with all available information regarding the ownership
of the motor vehicle on their property, and the property owner will
then be responsible for making their own arrangements to remove the
vehicle.
j.
The towing company shall notify the police department of all vehicles
found by the towing company to have been abandoned and not claimed
within 14 days after being stored. The police department shall, upon
notification, expeditiously process the vehicle in accordance with
the New Jersey Motor Vehicle Code concerning abandoned and unclaimed
motor vehicles.
k.
The Chief of Police may promulgate an application and minimal requirements
for vehicular towing, which requirements shall not be inconsistent
with this chapter and which shall be enforced pursuant to the procedures
set forth in this chapter.
[Ord. #93-952, § 8; Ord. #11-1526]
a.
A towing list will be kept with the chief of police. The towing list
shall include all towing companies which have registered with the
township. A towing company shall be placed on the bottom of the towing
list upon registration with the township. The towing list shall be
a rotating list as provided for in paragraphs b, c and d.
b.
When the need arises, the police department will call the towing
company on the top of the list. The towing company called, if it shall
perform any of the services covered by this chapter, shall be placed
on the bottom of the towing list and not called again until all other
towing companies on the towing list have been called.
c.
If a towing company is unavailable to perform required services when
called by the police department, for whatever reason, said towing
company shall be charged with a call and placed on the bottom of the
towing list, and the next available towing company shall be called.
The towing company that responds in its place shall remain at the
top of the list.
d.
If a towing company, after being dispatched, is recalled and does
not perform any duties or services covered by this chapter, the towing
company shall remain on the top of the towing list. However, if a
towing company arrives at the scene of an incident in which its services
are required and cannot perform said services, it shall lose its place
on the towing list, and the next towing company on the list shall
be called.
[Ord. #11-1526]
a.
All storage facilities operated or used by towing companies shall
meet requirements of the commission of insurance set forth in N.J.A.C.
11:3-38.1 et seq., as well as all local zoning and code requirements,
and must be located within five miles of the geographic center of
Hopewell Township or within Hopewell Township.
b.
All towing companies shall have an indoor storage facility at its
disposal for motor vehicles which have been involved in criminal activity
and impounded by the police department.
c.
All storage facilities shall have a business office open to the public
between 8:00 a.m. and 4:00 p.m. at least five days a week, excluding
holidays.
d.
All towing companies shall have secure storage facilities.
e.
A towing company that engages in private property towing or other
nonconsensual towing shall provide or arrange for after-hours release
of stored motor vehicles.
f.
A towing company that does not release a stored motor vehicle to
its owner, or other person authorized to take the motor vehicle, during
normal business hours when requested, as required by paragraph c above,
shall not charge a fee for after-hours release of the stored motor
vehicle.
g.
Recordkeeping. All
towing companies shall keep accurate records of all motor vehicles
towed and stored at the direction of the township police department.
A copy of such records shall be provided to the township upon request.
(a)
A towing company that performs private property or other nonconsensual
towing shall retain, for three years, the following records:
(1)
Invoices for both consensual towing and nonconsensual towing
services;
(2)
Job orders;
(3)
Documentation of waiting time;
(4)
Logs, which shall include the time when a towed motor vehicle
was delivered to the towing company's storage facility from a private
property or other non-consensual tow and the date and purpose of each
trip to the motor vehicle in storage;
(5)
Documents relating to private property and other nonconsensual
towing services performed and rates charged for services; and
(6)
Any contracts under which the private property towing company
is authorized to perform private property towing services.
(b)
A towing company that engages in private property towing or other
non-consensual towing shall make records retained pursuant to paragraph
(a) above available for review by the police department upon request.
[Ord. #93-952, § 10; Ord. #11-1526]
a.
All towing companies engaged in light-duty towing shall have at least
one rollback truck and one wrecker, with necessary brooms and equipment
to do the complete removal. Each truck must have a manufacturer's
capacity of at least 10,000 pounds, gross vehicle weight and a manufacturer's
boom capacity of four tons. Proof of capacity must be supplied to
the Police Department at the time of registration.
b.
All towing companies engaged in heavy-duty towing shall have one
heavy-duty wrecker with a manufacturer's capacity of not less than
33,000 pounds gross vehicle weight and a boom capacity of not less
than 12 tons independently or 24 tons jointly; air brakes so constructed
as to lock rear wheels; heavy-duty underreach.
c.
All towing companies engaged in heavy-duty recovery shall have two
heavy-duty wreckers with manufacturer's capacity of not less than
33,000 pounds gross vehicle weight and boom capacity of not less than
12 tons independently or 24 tons jointly; two power winches with pulling
capacity of not less than 12 tons each; at least 200 feet of cable
at least nine-sixteenths of an inch diameter on each drum; double
boom to permit splitting, or single boom hydraulically elevated and
extendible with a 360° swivel on the end of the boom; air brakes
so constructed as to lock rear wheels; heavy-duty underreach; two
snatch blocks with a 12 ton rating and two scotch blocks.
d.
All towing vehicles must have radio equipment with a twenty-four-hour
dispatch service or a cellular telephone for the purpose of maintaining
communications with the police department radio desk.
e.
All towing vehicles must be equipped with at least one five-pound
ABC-type fire extinguisher, safety chains, substances for application
to small liquid spills, and stiff push brooms to clean up debris at
scene.
[Amended 6-11-2020 by Ord. No. 20-1729]
f.
Proof of towing vehicle and equipment specifications shall be provided
to the Township with the registration application.
g.
All towing vehicles are to conform with all applicable State and
Federal laws and shall be subject to inspection by township officials
during normal business hours at the time of registration and on an
annual basis thereafter.
[Ord. #93-952, § 11; Ord. #11-1526]
a.
If a motor vehicle operator or owner wishes to have his vehicle towed
by a particular towing company, their request shall be honored, providing
the police officer in charge at the scene has not already dispatched
a towing company or the police officer has determined that the motor
vehicle in question will not be removed in an expeditious or safe
manner and will jeopardize the public safety, in which case the motor
vehicle operator or owner shall be required to utilize a compensated
dispatched towing company.
b.
The owner or operator of any motor vehicle required to be towed or
stored shall have the right to remove all personal items and effects
from the motor vehicle unless the police department has placed a police
hold on any such items.
c.
The motor vehicle owner or his representative shall have the right
to take photographs of any stored vehicles for insurance purposes.
d.
Upon request of the motor vehicle owner or his representative, a
towing company shall provide a detailed and itemized bill for all
services rendered.
[Ord. #93-952, § 12; Ord. #11-1526]
All towing companies shall be responsible for collection of
all fees for services rendered.
[Ord. #93-952, § 13; Ord. #11-1526]
a.
All violations of this chapter and all complaints by the public or
police departments against any towing company shall be forwarded to
the township administrator.
b.
The township administrator shall determine if any complaint or violation
against a towing company is of such a serious nature as to warrant
a hearing and possible disciplinary measures. If the township administrator
decides that a hearing is required, he shall upon proper notice to
all interested parties, conduct a hearing in which all parties may
present evidence. If, after a hearing, the township administrator
finds that a towing company has violated any provision of this chapter,
the administrator may, depending on the seriousness of the offense:
1.
Fine the violating party not more than $1,000;
2.
Suspend the violating party from the towing list for not more than
three months for a first offense; not more than six months for a second
offense; not more than one year for a third offense.
3.
Permanently remove the violating party from the list for any violation
after its third offense.
c.
The violating party shall have the right to appeal a decision of
the township administrator to the Hopewell Township Committee or its
designee.