[HISTORY: Adopted by the Board of Commissioners of the Borough
of Wildwood Crest 3-25-2020 by Ord. No. 1322. Amendments noted where
applicable.]
The purpose of this chapter is to establish, pursuant to N.J.S.A.
40A:11-5(1)(u), a list of towing contractors to provide towing and
storage services for the Borough of Wildwood Crest on a rotating basis
and to establish, pursuant to N.J.S.A. 40:48-2.49 and 40:48-2.54,
regulations which set towing and storage rates and govern operators
engaged in the business of towing and storing of vehicles.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
Any vehicle on private property without the consent of the
owner or other person in charge of the private property, or on or
along any highway or other public property without current license
plates, or positioned so as to constitute an obstruction to traffic.
The location where the towing contractor stations its tow
vehicle(s) when not in use.
Private property towing and other nonconsensual towing as
defined in this chapter and other ancillary services that include
but are not limited to the following: arriving at the site from which
a vehicle will be towed; waiting time; hooking a motor vehicle to,
or loading a vehicle onto, a tow truck; transporting a vehicle to
a storage facility/unhooking or unloading a motor vehicle from the
tow truck; and situating the vehicle in the space in which it will
be stored; the 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 vehicle
to its owner or other person authorized to take the vehicle; and retrieving
a vehicle from storage during the hours in which the storage facility
is open.
The Chief of the Borough of Wildwood Crest Police Department
or his/her designee.
The towing of a motor vehicle when the owner or operator
of the motor vehicle has consented to have the towing company tow
the motor vehicle.
The releasing a vehicle to its owner or operator when the
vehicle has been, or is about to be, hooked to or lifted by a tow
truck, but prior to the vehicle actually having been moved or removed
from the area.
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.
An occurrence in which a private passenger vehicle comes
in contact with any other object for which the private passenger vehicle
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental to one person even if
caused by the intentional acts of another.
All towing services which are not basic towing services.
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.
A licensed individual or entity who or which may or may not
be on a rotary list which provides towing services by performing or
aiding a towing contractor who is performing towing services pursuant
to this chapter.
A vehicle 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 and is installed with a passive alarm system or a similar on-site
security measure. The outside-secured facility is to be lighted at
night.
An individual, sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
The Borough of Wildwood Crest Police Department.
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.
The use of absorbents to soak up any liquids from a motor
vehicle at the site from which a motor vehicle will be towed.
A lawfully licensed area or lot, utilized by a towing contractor,
where motor vehicles are kept, deposited or stored on a temporary
basis. Any storage area or lot located within the Borough is subject
to any and all provisions contained in this chapter and any and all
other ordinances of the Borough.
The maximum allowable amount of storage charges to be charged
per twenty-four-hour period or a fraction thereof.
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.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by their manufacturer for the removal or transport of private
passenger vehicles.
An individual, corporation, partnership, association, trust
or any other entity which is engaged in the business of towing vehicles.
A licensed individual, corporation, partnership, association,
trust or any other entity which is placed upon the towing list that
performs towing services for the Borough.
The moving or removing from public or private property or
from a storage facility a 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.
Manipulating a motor vehicle's transmission, so that
the motor vehicle may be towed.
Any device in, upon or by which a person or property is or
may be transported upon a highway, which includes, but is not limited
to, motorized bicycles, motorcycles, motor-drawn vehicles, motor vehicles,
vehicles, trailers, pole trailers, recreation vehicles, or trucks
as those terms are defined by N.J.S.A. 39:1-1 et seq.
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.
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 hookup 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.
Any material used to cover motor vehicle windows that have
been damaged.
A.
There is hereby established a towing list which will contain towing
contractors qualified to provide basic and nonbasic towing and storage
services for the Borough of Wildwood Crest on a rotating basis. No
towing contractor shall be placed upon or permitted to remain on the
towing list unless licensed in accordance with the terms and conditions
of this chapter. The Police Department will maintain the list and
determine the time period for each rotation and dispatch towing contractors
in the order they appear on the list. The list of towing contractors
shall be determined by and under the direct supervision of the Chief
of Police.
B.
A towing contractor shall be placed on the towing list in the order
in which its application is approved. Each new towing contractor shall
initially be placed last on the list.
C.
If a towing contractor for any reason does not, or is unable to,
perform the requested towing service when called, the next towing
contractor on the list will be called to provide towing services.
In the event no towing contractors on the list are able to perform
towing services as necessary, the Borough shall have such service
performed by an outside contractor.
D.
Any owner or operator of a vehicle receiving towing services may
request a specific towing company. The Police Department is authorized
to contact the requested towing company and shall not be required
to comply with the provisions of this chapter, provided the requested
towing company is capable of rendering towing services within a reasonable
time, and is capable of cleaning and removing all vehicular debris
from the area of a motor vehicle accident scene. In the event the
requested towing company is also a towing contractor, the towing contractor's
place in the rotary list shall not be affected thereby.
E.
In the event the Police Department determines that an emergency or
hazardous condition exists that must be remedied immediately, the
Police Department shall take control of the management of the emergency
or hazardous condition and the towing procedures necessary to effect
the remedy. The officer in charge may request a towing contractor
or any towing company without regard to the towing list. In the event
a towing contractor is requested out of order on the towing list,
that towing contractor shall forfeit its next turn on the list to
the next towing contractor.
F.
The Police Department shall determine the order in which vehicles
will be towed from the scene.
G.
No towing contractor shall appear on the towing list more than once.
A person having an ownership interest in a towing contractor that
is on the towing list shall disqualify any other towing company in
which that same person has an ownership interest from being on the
list, unless each towing company in which the person owns an interest
can satisfy the following criteria:
(1)
Is a separate entity registered with the State of New Jersey or other
state;
(2)
Utilizes and maintains a separate storage facility at a separate
location and operates its towing business from a separate location;
(3)
Maintains a separate insurance policy;
(4)
The tow vehicles used by the towing contractor are registered to
that towing contractor.
H.
No towing contractor shall lease its tow vehicles to another towing
contractor or otherwise enter into any business relationship the purpose
of which is to receive multiple listings on the towing list.
A.
A towing company seeking placement on the towing list shall be required
to submit an application to and receive the approval of the Police
Department before issuance of a towing contractor's license.
B.
All applicants are required to complete an application furnished
by the Police Department, providing any and all information required
by the Chief of Police as well as any supplemental information requested
by the Chief of Police thereafter.
C.
All applicants seeking placement on the towing list pursuant to this
chapter and any person who will be operating a tow vehicle on behalf
of the applicant shall possess valid and appropriate CDL driver's
license issued by the New Jersey Motor Vehicle Commission, be of good
moral character, be at least 18 years of age, and comply with the
applicable provisions of this chapter. The Police Department may conduct
a background investigation pertaining to, but not limited to, a criminal
background and driver history. The Chief of Police shall have the
discretion to deny a license to any applicant(s) or employee(s) who
does not meet the applicable standards in this chapter. Towing contractors
shall inform the Chief of Police within 24 hours of hiring of a new
driver who shall be subject to the requirements set forth herein.
D.
A license may be revoked or suspended at the discretion of the Chief
of Police in accordance with the provisions set for in this chapter
for good cause, including but not limited to:
E.
Licenses shall be renewed annually from January 1 to December 31
of the succeeding year on a renewal form provided by the Police Department.
Towing contractors shall disclose all information that has changed
from the previous year.
F.
All applications shall be accompanied by a nonrefundable initial
fee of $100 and for each renewal and new driver thereafter.
G.
The Borough Administrator and Police Department are designated the
municipal officer and agency to enforce the provisions of this chapter.
All towing contractors shall be required to comply with the
following provisions:
A.
Performance standards.
(1)
The Borough shall call upon the towing contractors to tow and store
the following types of vehicles: Abandoned vehicles, illegally parked
vehicles, disabled vehicles, vehicles involved in accidents, and vehicles
suspected to have been involved in criminal activity. The decision
as to which vehicles shall be towed shall be made by the Police Department,
and the towing contractor shall not be responsible for the selection
of the vehicle to be towed and/or stored.
(2)
Towing services must be provided on a twenty-four-hour, seven-days-per-week
basis. Towing contractors will be contacted by radio or mobile phone.
A towing contractor must respond to the scene of the tow within 20
minutes of the call or the next towing contractor on the list will
be called and the tow will be forfeited. If a towing contractor does
not answer the telephone when called, its turn will also be forfeited,
and the next towing contractor will be called until one is reached
and responds.
(3)
Direct refusal of a towing contractor to respond to a tow and/or
repeated failure to respond to a call within 20 minutes shall be grounds
for suspension from the towing list. "Responding" means that the tow
vehicle has arrived at the scene as requested, and is not en route.
"Repeated" means three or more occurrences within a two-month period
without prior notification of unavailability.
(4)
When a towing contractor is requested to tow a vehicle from the scene
of an accident, the towing contractor shall clean and remove all vehicular
debris from the area of the accident.
(5)
Comply with all Borough Ordinances, pay all taxes, assessments, licensing
fees or fines when due, comply with the requirements of applicable
New Jersey Statutes, and all regulations governing tow vehicles promulgated
by the New Jersey Motor Vehicle Commission or any other law or regulation
of any state, federal or other governmental agency, department, division
or commission having jurisdiction.
(6)
Records retention. The towing contractor shall retain the following
records with respect to all vehicles towed and/or stored: i) the date
and time of towing and the place to which the vehicle was towed; ii)
a copy of the bill or invoice itemizing all services rendered and
fees charged and collected; iii) the make, model, serial number and
registration number of each motor vehicle towed together with the
name of the owner of the motor vehicle, if known; and iv) claims for
reimbursement from insurance companies. All records shall be maintained
at the business location of the towing contractor and shall be retained
for a period of three years. All records shall be available for inspection
by the Borough at any time during normal business hours.
B.
Storage facilities; hours; transporting vehicles.
(1)
To reduce response time for the safety and welfare of the public
and Police Department and to ensure the adequacy and security of storage
facilities, maintain an inside building or secured storage facility
within nine miles of the Borough, which storage facility shall be
of sufficient size to accommodate the Borough's needs and subject
to any and all provisions contained in this chapter and ordinances
of the Borough and further subject to the satisfaction of the Chief
of Police or his or her designee.
(2)
Towing contractors shall deposit and store towed vehicles only at
a storage facility located within nine miles of the Borough, unless
the owner or operator of the vehicle requests otherwise.
(3)
All storage facilities shall have appropriate security and protection
for the towed vehicle and shall be in compliance with all state and
Borough laws, ordinances and regulations. Appropriate security and
protection shall mean an area that provides at a minimum, for an outside
secured area, a locked, six-foot-high fenced-in area with a passive
alarm system or a similar on-site security system that is adequately
illuminated at night from dusk to dawn, and for an inside building
storage area, at a minimum a locking device on each opening to the
exterior with a passive alarm system or a similar on-site security
system.
(4)
In the event that a vehicle is to be secured by the Police Department
or other agency as part of any investigation, it shall be towed to
such facility as determined by the Police Department.
(5)
No vehicle towed to a contractor's storage area shall be released
by contractor unless and until contractor receives the appropriate
written release notification from the Police Department.
(6)
The contractor assumes responsibility for the personal property in
the vehicle from the time the vehicle is towed from the scene until
the time it is released from the contractor's storage facility.
(7)
All storage facilities shall be open and have personnel available
on site for the owner to recover the vehicle between the hours of
8:00 a.m. through 6:00 p.m. Monday through Friday and personnel available
by appointment on weekends and holidays between the hours of 9:00
a.m. and 5:00 p.m.
(8)
No towing contractor shall unreasonably deny access to a vehicle
by an owner or his or her agent for the purposes of removing personal
property, including but not limited to: wallets; purses; child car
seats, unless ordered otherwise by the Police Department. The towing
contractor may deny access to a vehicle to prevent removal of fixed
objects, including but not limited to; car stereos; speakers; and
seats. License plates shall not be removed from vehicle unless the
owner gives consent to the towing contractor to dispose of the vehicle
and executes all documents to effectuate such disposal.
(9)
No towing contractor shall request or demand any person to sign any
document requiring the owner or operator of a vehicle involved in
a motor vehicle accident to have the vehicle repaired at any specific
location or body shop.
C.
The Chief of Police shall promulgate, adopt and enforce such other
reasonable rules and regulations for towing contractors and storage
facilities deemed appropriate, which shall be subject to the review
and approval of the Borough Commission.
A.
The towing and storage fees set forth herein for towing service are
the amounts that the towing contractor may charge to the vehicle owner
or its representative. The following fees are established as the maximum
rates which can be charged for towing and storage of vehicles exclusive
of New Jersey sales tax on all fees except towing.
|
Type of service
|
Fee
|
|---|---|
|
Basic towing services
|
$180
|
|
Use of a flatbed tow truck, a flat fee, which may be charged
if a motor vehicle can be transported only by a flatbed tow truck
|
$180
|
|
Winching
|
$50
|
|
The use of window wrap as necessary to protect property per
window
|
$45
|
|
Towing of Borough vehicles (maximum)
|
$90
|
|
Decoupling fee for hookup (if a vehicle has been hooked up and
ready to tow and then claimed by its owner) (maximum)
|
$90
|
|
Storage rate (per twenty-four-hour-period or a fraction thereof);
the first and last day shall each be deemed a separate day
|
$25
|
|
Releasing a motor vehicle from a towing company's storage
facility after normal business hours or on weekends, which shall be
a flat fee
|
$40
|
B.
There shall be no additional charges, other than those provided in
the schedule.
C.
A printed rate card which will be provided to the vehicle owner/operator
at the scene of an accident or when requesting a vehicle release authorization
from the Police Department. The rate card shall provide information
on claiming a vehicle, the name of the business, its owner, and the
towing contractor's business location, telephone number and hours
of operation for the public; rates for towing services, storage and
all methods of payment accepted.
D.
An invoice for towing services shall be provided to the vehicle owner
at the time of release of the vehicle which shall include the time
at which a towed motor vehicle was delivered to a towing company's
storage facility, and enumerating the towing services actually performed
as part of the basic tow.
E.
The towing contractor shall accept, during normal business hours,
all major credit cards, including, without limitation, MasterCard,
Visa and American Express and debit cards.
The Borough shall have no liability or responsibility to the
towing contractor for compensation for any of the services performed
under this chapter unless those services are performed for Borough-owned
vehicles; or the collection or payment of any charges for towing services
or storage which may have been incurred by reason of any instructions
from the Police Department regardless of the reason for towing, whether
abandoned, involved in a motor vehicle accident, traffic violation,
theft or police investigations and regardless of where the vehicle
is stored.
A.
Towing contractors shall be required to purchase and maintain, during
the time of service on the rotary list, proof of insurance furnished
by an insurance company with a B+ or better rating as published in
the most recent edition of "Best Insurance Key Rating Guide," which
is licensed to do business in the State of New Jersey. The minimum
coverages and liability limits shall be as follows:
(1)
Comprehensive general liability insurance: The limit of liability
shall not be less than $1,000,000 combined single limits (bodily injury
and property damage) per occurrence and $1,000,000 aggregate, including
premises operations and products/completed operation or such other
amounts as may be required by the Borough in its sole and absolute
discretion.
(2)
Automobile liability insurance: The limit of liability shall be not
less than $1,000,000 combined single limits (bodily injury and property
damage) per occurrence and $1,000,000 aggregate, with a deductible
of not greater than $1,000 or such other amounts as may be required
by the Borough in its sole and absolute discretion.
(3)
Garagekeeper's legal liability insurance: The limit shall be
not less than $1,000,000, combined single limit, or such other amounts
as may be required by the Borough at its sole and absolute discretion.
(4)
Workers compensation insurance as required by law.
B.
On all liability policies, the Borough shall be named as an additional
insured, and insurance certificates shall indicate such coverage.
C.
Insurance coverage shall indemnify, to the extent permitted by law,
the Borough and the public against any loss due to injuries, accidents
or damages of any character whatsoever, where any such damage is the
result of act or omission of the towing contractor, its agents or
employees in or due to the execution of the work called for under
this chapter.
D.
Liability insurance policies shall be specifically endorsed to provide
on-hook and collision insurance for vehicles in tow, which amounts
shall be subject to approval by the Borough.
E.
Towing contractors shall provide the Borough with the certificates
of insurance and the actual copies of the policy endorsements that
name the Borough as an additional insured.
F.
The provision of any insurance required herein does not relieve the
towing contractor of any of the responsibilities or obligations assumed
by the towing contractor for which the towing contractor may be liable
by law or otherwise. All vehicles and personnel utilized by the towing
contractor to execute the work under this chapter shall have the above-prescribed
coverage.
A.
The sale of abandoned vehicles shall be in accordance with the provisions
of N.J.S.A. 39:10A-1 et seq. Upon submission to the Borough of the
appropriate forms by the towing contractor after a vehicle has been
held for 20 business days in case of vehicles which cannot be certified
for a junk title, and for 15 business days for the case of vehicles
which can be certified for a junk title, the Borough shall make all
necessary arrangements for the filing of said forms with the state
and the holding of a public auction sale of the vehicle in accordance
with N.J.S.A. 39:10A-1 et seq.
B.
When a vehicle is sold at public auction the minimum bid price shall
be fair market value. If the bid received for a vehicle is less than
the minimum bid established for the vehicle, or if no bid is made,
the towing contractor shall be assigned ownership of the vehicle by
the Borough pursuant to the forms filed by the towing contractor for
a duplicate or junk title as liquidated damages for the accumulated
fees. If the minimum bid or greater bid is received, the Borough shall
receive the bid proceeds and will then pay the towing contractor the
fee amounts set forth in N.J.S.A. 40:48-2.50. In the event the bid
proceeds are greater than the accumulated fees, the Borough shall
retain the excess.
C.
Nothing contained in this chapter shall be deemed to be a waiver
or relinquishment of any right or power of the Borough provided by
law, rule or regulation.
All towing contractors, outside contractors or other contractor
providing towing services (collectively referred to as "contractor"),
shall indemnify, hold harmless and defend the Borough, its elected
and appointed officials, its employees, agents, volunteers and others
working on behalf of the Borough (collectively referred to as the
"Borough"), to the fullest extent permitted by law, from and against
any and all claims, losses, costs, attorney's fees, damages,
or injury including death and/or property loss, expense claims or
demands arising out of or caused or alleged to have been caused in
any manner by a defect in any equipment or materials supplied by the
contractor or by the performance of any work or provision of any service
provided, including all suits or actions of every kind or description
brought against the Borough, either individually or jointly with the
contractor for or on account of any damage or injury to any person
or persons or property, caused or occasioned or alleged to have been
caused by, or on account of, the performance of any work or provision
of any service pursuant to or in connection with the towing services
provided, or through any act, omission or fault or alleged act, omission
or fault of the contractor, its employees, subcontractors or agents
or others under the contractor's control.
A.
In the event that a complaint is received by the Borough involving
a violation of any provision of this chapter, the improper conduct
or actions of the towing contractor, unsatisfactory performance of
services, excessive charges or damage to a vehicle while in the custody
of the towing contractor, the Chief of Police, or his or her designee,
shall first mediate such dispute between the consumer and the towing
contractor. If the dispute is unable to be resolved to the satisfaction
of both parties, the Chief of Police, or his or her designee, shall
follow the procedure set forth herein.
B.
In the event of any complaint received in connection with Subsection A above, written notice shall be provided by the Chief of Police to the towing contractor. The towing contractor shall have the opportunity to respond, in writing, within five business days. Within 14 days of receipt of the towing contractor's response, or within 21 days of receipt of the complaint if no response is received, the Chief of Police shall investigate the matter and render a determination if any of the provisions of this chapter have been violated. Upon completion of the investigation, the Chief of Police may, in his or her sole discretion, deem the complaint to be unfounded, or sustain the complaint, in which event the towing contractor may be suspended from the towing list for a term as follows:
C.
Right to appeal suspension or termination. If the towing contractor
is dissatisfied with the action of the Chief of Police, the towing
contractor may request a hearing, by written request delivered to
the Borough Administrator within 10 days of the receipt of the determination
by the Chief of Police. The Administrator shall then schedule and
hold a hearing. The towing contractor may appear in person or make
its case in writing. The Chief of Police shall appear at the hearing
in person or by an agency with knowledge of the facts or may supply
the facts and reasons for the decision in writing. The Administrator
shall render a decision within seven days of the date of the hearing,
in which the Administrator may either affirm, reverse, or modify the
action taken by the Chief of Police.
A.
Any person who violates any of the provisions of this chapter shall,
upon conviction thereof, be subject to a penalty of not more than
$2,000 and/or imprisonment for a period not exceeding 90 days, and/or
a period of community service not to exceed 90 days. Any repetition
of any act herein prohibited shall be deemed a new and separate offense,
and upon conviction thereof be subject to the penalties herein. Each
day that any violation of any section of this chapter shall exist
shall constitute a separate offense.
B.
In addition to the penalties provided above, a violation of any of
the provisions of this chapter shall be cause for removal from the
towing contractor list.
