[HISTORY: Adopted by the Township Council
of the Township of Springfield 12-13-2006 by Ord. No. 2006-16; amended in its entirety 7-13-2011 by Ord. No. 2011-08. Subsequent amendments noted where
applicable.]
A.
For purposes of this chapter, the following terms, phrases and words
shall have the meanings given herein:
- ABANDONED VEHICLE
- A vehicle located on a public right-of-way, not in operation, and with no operator or owner visible, and as defined in Title 39 of the New Jersey Revised Statutes.
- EVENING
- 6:00 p.m. until 6:00 a.m.
- HEAVY-DUTY VEHICLE
- Any vehicle in excess of 20,000 pounds- registered GVW.
- HOLIDAYS
- All holidays recognized by the Township of Springfield.
- LIGHT-DUTY VEHICLE
- All passenger cars and two-axle vehicles up to 8,000 pounds' registered gross vehicle weight (GVW).
- MEDIUM-DUTY VEHICLE
- All vehicles with a registered GVW in excess of 8,000 pounds and less than 20,000 pounds' GVW.
- PERSON
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- SCENE CLEANUP
- A fee may be charged for scene cleanup if the towing company has to use any material such as a speedy dry for substances spilled upon the roadway. Example: any additional materials other than a broom and a shovel. The towers shall removal all debris from the roadway and properly dispose of same. Failure to remove debris shall be a violation of the terms of this chapter.
- TOWER
- A person engaged in the business of offering the services of a vehicle tower or towing service, whereby disabled motor vehicles are towed or otherwise removed from the places where they are disabled, impounded or abandoned by the use of a tower or truck so designed for that purpose.
- TOWING
- Hoisting, lifting, removal, hauling and transportation of any type of vehicle of any size from the highways, streets and roads located in the Township of Springfield.
- TOWNSHIP
- The Township of Springfield.
- WAITING TIME
- Shall commence one hour after arrival at the scene and is defined as additional time the tow company is required to wait on location for EMS services and or police investigations. A fee of $55 per hour may be assessed for this time.
- WEEKEND
- 6:00 p.m. Friday until 6:00 a.m. Monday.
- WINCHING
- As defined. If a vehicle can be driven once it is winched to the roadway, only the charge of winching can be assessed.
- WINCHING SERVICE
- Any operation in which a vehicle is moved onto a roadway from a position off the roadway or any other operation in which substantial work is required to prepare a vehicle for normal towing.
B.
When not inconsistent with the context, words used in the present
tense include the future; words in the plural number include the singular
number; and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
C.
Any term or word defined in the New Jersey Department of Insurance
Rules and Regulations, N.J.A.C. 11:38-1 et seq., shall be applicable
to this chapter.
A.
Generally. The governing body of the Township, at the beginning of
each contract, shall secure a contract with the towers to be called
by the Police Department in a sequential order based on the rotation
list. An application fee of $10 per contract (light-, medium- and
heavy-duty shall be separate contract application fees) shall be paid
upon submission of the application packet to the Township Clerk. An
annual fee of $400 for a light-duty and medium-duty tower contract
and $750 for a heavy-duty tower contract shall be paid to the Municipal
Treasurer by each tower so authorized and approved on or before December
1 of year preceding the effective date of the contract. The contract
shall be secured after the submission of a complete application packet
as hereinafter set forth and the review and recommendation of the
same by the Mayor and Council and the Chief of Police, said contract
to be awarded by the Township Council. Any tower receiving a contract
shall be placed on a rotation list. The purpose of the rotation list
is to allow for fair, nonbiased dispersal of the towing needs of the
Township. Any applicant who attempts to or in fact circumvents the
intent of the rotation list by placing himself/herself/itself on the
list in more than one position to secure an advantage over the other
towing operators or by either creating secondary entities or by collusion
with another towing contractor shall be deemed in violation of this
chapter and shall immediately be removed from the list for the remainder
of the contract term. Any application that contains information as
to equipment, location, leasing, insurance, employees, or more than
10% ownership stake in another company that has also made application
shall render all applications submitted with the duplicate information
invalid. In the event the tower assigned to a particular rotation
is unavailable, then the next tower on the list shall be called during
said rotation. Each contract shall be for a three-year period commencing
January 1 of the contract award year. Applications for the next contract
period shall be received no later than October 1 of the year prior
to the contract award period.
B.
Application process. Any person interested in being placed on the
aforementioned rotation list, by way of a contract award, shall submit
an application on a form to be prepared by the Township Clerk or his
designee, said form to contain at a minimum the information specified
herein. The applicant shall provide, at a minimum, the following information:
(1)
A list of required equipment and proof of ownership.
(2)
The experience of the applicant, with references.
(3)
Available personnel (employees).
(4)
Proper business and trade licenses and license of vehicles.
(5)
Tow trucks having two-way radio capability with a dispatching center
on a twenty-four-hour basis.
(6)
The storage location, setting forth capacity, the contractor responsible
for the safe storage area location and proof of ownership or lease
of the storage area.
(7)
Insurance and proofs of coverage.
(8)
A complete list of stockholders, showing percentages of ownership.
(9)
A noncollusion affidavit.
(10)
An affirmative action affidavit.
(11)
A hold-harmless agreement.
(12)
Certification that the applicant is able to provide towing services
anywhere in the Township in accordance with the chapter response times.
(13)
Certification that the applicant will be available for service
on business premises 24 hours a day and will abide by the fees set
forth in this chapter.
(14)
Certification that the applicant shall consent to the appointment
of the Township Clerk as the applicant's true and lawful attorney
for the purpose of acknowledging service out of any court of competent
jurisdiction to be served against the applicant.
(15)
A certified driver's abstract from the New Jersey Motor
Vehicle Commission shall be obtained by the applicant for each employee
who will be operating a vehicle for the company, at the applicant's
expense. Employees who provide clerical services only are exempt from
this requirement.
(16)
A fingerprint-confirmed criminal history check shall be supplied
by the applicant for each employee of the company. The Chief of Police
shall direct the applicant to the appropriate facility for submission
of the fingerprints. The applicants shall bear the cost of the fingerprint
criminal history checks.
(17)
Any and all other necessary certifications as required by this
chapter.
C.
Review of application. The Chief of Police shall review the background
check information of the applicants and of any employees to be utilized
in the towing and storage operation. The background check is to determine
if either the applicant or its employees have been convicted of a
criminal offense within the previous five years or have had their
driver's license suspended or revoked within the past year. Conviction
of a criminal offense within the past five years or a DWI within the
previous five years or suspension of a driver's license within
the past year shall be a cause for the disqualification of the applicant
from being awarded a contract. If the applicant terminates an employee
who has caused the disqualification and has provided proof to the
Township, the application may proceed. The Chief of Police or his
designee shall conduct an inspection of the employees, vehicles, equipment
and storage area proposed to be utilized by the applicant to verify
the accuracy of the information contained in the application and to
determine compliance with the applicable laws, regulations and standards
of performance required by this chapter. The Township shall, at the
cost of the applicant, obtain a Better Business Service Bureau report
and any other reports that the Township Council may deem necessary.
After investigation, the Chief of Police shall advise the Township
Council, by written report, whether an applicant meets the standards
to be awarded the appropriate contract to provide towing services
to the Township of Springfield.
D.
Independent contract. By submission of the fee and application, the
tower agrees that all equipment used under the terms of the contract
shall be and remain property of the tower, and in no event shall the
property or any employee of the tower be represented or considered
belonging to or employed by the Township of Springfield. The tower
shall be operating under a contract and in no way or sense is an agent
or employee of the Township of Springfield.
E.
Hold-harmless agreement; liability.
(1)
The tower, by submission of the fee and application, agrees to assume
the defense and indemnify and hold harmless the Township, its elected
officials, boards, commissions, officers, employees and agents from
all suits, actions, damages or claims to which the Township may be
subjected, of any kind or nature whatsoever, resulting from, caused
by, arising out of or as a consequence of the provisions of providing
the services required by this chapter. Prior to providing the towing
services, the tower shall execute the appropriate contract containing
the required hold-harmless clause.
(2)
The owner of the garage or the parking or storage location shall
also agree to indemnify and hold harmless the Township and its officers,
employees and agents from any and all suits, actions, damages or claims
arising out of the performance of the duties specified in this chapter.
(3)
The Township of Springfield shall not be liable for any service whatsoever
which may be rendered to motor vehicles, and the tower shall only
seek payment from the driver and/or owner of such vehicles for compensation.
F.
Township Council decision. The Chief of Police shall conduct the
aforementioned review and investigation and render a report to the
Township Council, recommending either approval or denial of the application,
within 21 days of the receipt of the application from the Township
Clerk, who shall immediately forward the review and recommendation
to the Township Council. The Township Council shall, at its discretion,
review the application for completeness and then take action with
regard to the application and award or not award a contract within
14 days of the receipt of the report and recommendation of the Chief
of Police. The applicant or its representative shall be given notice
of the date on which the Township Council shall consider the application
and the award of the contract and shall be permitted to appear and
be heard at the same time. Written notice of the approval or denial
of the application shall be provided to the applicant within seven
days of the decision of the Township Council.
The following general requirements shall apply to all towers
and towing operations acting on behalf of the Township of Springfield:
A.
Equipment. The tower shall have sufficient equipment, either owned
or by subcontract, to tow any size vehicle utilizing the highways,
streets and roads in the Township of Springfield. The minimum requirements
are one thirty-ton-capacity large wrecker, one medium-duty, ten-ton-capacity
wrecker and two four-ton-capacity small wreckers (flatbed or wheel
lift optional). The specifications are as follows:
(1)
Thirty-ton-capacity wreckers:
(a)
Air brakes.
(b)
Minimum 1,000 by 20 tires with dual rear wheels.
(c)
Air fittings for releasing air-pressure lock, brakes on dump
trucks and tractor-trailers.
(d)
All required ICC safety equipment must be carried.
(e)
Portable safety lighting to be installed on rear of towed vehicle.
(f)
Off-side truck winching.
(3)
Four-ton-capacity wreckers:
(a)
Chassis requirements should be 10,000 pounds' gross vehicle
weight and dual rear tires.
(b)
Steering wheel lock on each wrecker for towing vehicles from
the rear.
(c)
Tow sling-type bar, rubber strap, to lift the car so that no
part of metal touches the car.
(d)
Optional flatbed on wheel lift tow truck plus four-ton wrecker.
(4)
At the time of the submission of the application, the tower shall
submit proof satisfactory to the Township and the Police Department
of ownership of the aforementioned vehicles. Adequate proof shall
be proof of ownership by recorded title of the required number of
vehicles necessary to meet the chapter requirements or an executed
lease/rental agreement for the equipment required extending six months
beyond the length of the contract. Failure to submit the aforementioned
satisfactory proof shall result in the disqualification of the tower.
Towing contracts are now awarded for three-year periods.
(5)
No applicant may submit an application that contains the same information
submitted for another application for a towing contract, i.e.: the
same ownership greater than 10%, the same employees, tow vehicles,
equipment, business location, licenses, insurance policies, or lease
agreements. Submission of duplicate information in order to meet the
standards for awarding a contract shall render all of the applications
submitted by those entities invalid and ineligible to be awarded a
contract for the complete contract term.
B.
Employees.
(1)
The tower shall have a sufficient number of employees available to
comply with the minimum operational requirements of this chapter.
The tower shall indicate in his application the number of employees
who will be on the day shift and the number assigned to the night
shift, seven days a week.
(2)
No person shall be employed by the tower unless the Township has
received a records check which has been approved by the Chief of Police.
(3)
All drivers of the tower shall be over the age of 18 years and must
have a valid, current New Jersey driver's license with no restrictions
or conditional endorsements, except a condition requiring glasses,
and shall be in good health and of high moral character.
(4)
The tower shall submit with the application to the Township the names
and addresses of all proposed drivers and employees who will be rendering
service under this contract on behalf of the tower. This information
will be kept current to the Township by the owner. At the request
of the Police Chief or his designee, the towing agency shall provide
a complete list of all drivers, driver's license numbers, and
their employees associated with the towing of any and all vehicles
for the Township. In addition, upon request, the tower shall provide
proof of a valid registration and insurance card as well as all other
state-required documents regarding any vehicle utilized by that agency
for the purposes of towing for the Township of Springfield.
(5)
No driver shall perform services under this contract unless previously
listed by the contractor to the Township.
C.
Availability; response time. The tower shall be available 24 hours
a day, seven days a week, for the use of the Township at the direction
of the authorized representatives of the Police Department as per
the rotation requirements hereinafter set forth. During the rotation
that the tower has exclusive rights to tow vehicles on behalf of the
Township of Springfield, said tower shall be called or dispatched
first by the Police Department. In the event that said tower is unavailable
with respect to a particular incident, then the next tower shall be
called or dispatched to the scene, the next tower to be as set forth
on the rotation list established by the Township Council upon the
recommendation of the Chief of Police. The rotation list shall be
as a result of the receipt and review of the approval of the aforementioned
applications and the award of a contract with respect thereto. In
the event that none of the towers set forth on the rotation list are
available or are able to provide the appropriate services as requested
by the Township, or if an emergency exists, the Township may request
such services from any other available source. During adverse weather
conditions, heavy traffic conditions or emergency conditions, the
tower set forth on the rotation list shall give priority to requests
from the Township over any other request which may be received by
the tower. Notwithstanding the establishment of a rotation list by
the Township Council, no tower shall be called until the Chief of
Police or his designee has ascertained that the following requirements
have been met:
(1)
The insurance policies, as required, have been procured and supplied.
(2)
The vehicle to be used for towing has been properly licensed and
inspected by the State of New Jersey and has the necessary stickers
affixed. No vehicle shall be licensed as a wrecker which is using
dealer license plates or which failed inspection.
(3)
The requirements of this chapter and all other laws, statutes and
ordinances have been met.
D.
Storage location. The vehicles must be towed to a location containing
a minimum storage area of at least 2,500 square feet. The applicant
shall submit, as part of the application process, proof that he owns
or can lease the aforementioned minimum storage area. For the convenience
of the public and for investigative purposes, the storage area must
be located within a six-mile radius of the Township of Springfield's
boundary lines. If the tower has an option to lease the required storage
area, he shall submit with his application a copy of the option agreement
containing the legal description, together with a copy of the survey
of the land. The lease shall extend to at least six months after the
termination of the contract. The surveys as required herein shall
have set forth thereon a certification by the surveyor to the Township
as to the square footage within the storage area as surveyed. The
storage area shall meet the following requirements:
(1)
The land used for the storage of vehicles shall be zoned for each
such use and shall meet all applicable municipal codes. In addition,
it shall be in an area reasonably accessible to the public so that
stored automobiles may be claimed.
(2)
No towed vehicle may be parked upon the public street, and it shall
be stored by the tower within the storage area as hereinafter defined.
(3)
The storage area must be accessible 24 hours per day by the police.
(4)
The storage area shall accept all types of cars and trucks and shall
be able to hold at least 25 vehicles of any type.
(5)
The entire land shall be enclosed by a fence of sturdy construction
of at least six feet in height and shall be secured with lighting.
(6)
All the land proposed to be utilized by the tower for storage shall
be level and clear of all debris and must be clearly marked.
(7)
The storage area shall be used for the storage of vehicles awaiting
a claimant or an auction sale only. The land shall not be used for
the storage of vehicles owned by the tower, even if the tower purchases
the same at an auction held on the premises. Any vehicles purchased
by the tower at an auction shall be removed from the site of the auction
within the time specified in the advertisement.
(8)
The tower shall be responsible for each vehicle in his area until
final disposition and removal as ordered by the Township. All vehicles,
regardless of condition, shall be stored singly and so arranged to
permit inspection and subsequent removal. Adequate walkway inspection
space shall be provided at all times.
E.
Rotation lists. The Township shall maintain two rotation lists. One
list shall contain applicants capable of providing light and medium-duty
towing, as set forth in the Towing and Recovery Association of America,
Inc., Vehicle Identification Guide as Class I and Class II. That list
shall be known as the "light- and medium-duty list." The Township
Police Department shall also maintain a rotation-based list of companies
for heavy-duty towing. Companies on this list must maintain equipment
capable of towing vehicles in Class III and Class VIII, Towing and
Recovery Association of America Inc., Vehicle Identification Guide.
That list shall be known as the "heavy-duty list."
F.
Records; inspection; release of vehicle.
(1)
The tower shall maintain records of all vehicles towed, stored and
released by him pursuant to this chapter. Records shall be kept for
a seven-year period. The tower shall maintain a record provided by
the police of all property found anywhere in a towed vehicle, including
the trunk and glove compartment if opened or key available, and the
tower shall be responsible to safeguard and release the contents to
the owner.
(2)
Only the Chief of Police or his designee shall have access to any
part of the storage area at any time of the day or night for inspection
purposes, including both indoor and outdoor areas. Authorized representatives
of the Police Department or the Township Council or their designees
shall have access to any of the records required to be kept by the
tower.
(3)
The tower shall not release vehicles towed under this contract without
the claimant first obtaining a release from the Police Department.
(4)
The service, equipment and personnel are subject to periodic inspections
and approval of the Township. The Township reserves the right to have
a qualified person or agency make such inspections.
G.
Disputes and adjustments. Any disputes over the interpretation of
the contract, including reasonableness of any fees assessed, shall
be settled amicably, if possible, through negotiations between the
tower, the Police Department and the Township Council. In cases where
the Township has been at fault in wrongfully directing that a vehicle
be towed, the tower may petition the Township Council for reimbursement
of costs incurred in the towing and storage of said vehicle.
H.
Standby service. In addition to the service requirements of this
chapter, the tower shall be required to furnish extra towing equipment
and service during storm periods, periods of snow emergencies, traffic
emergencies, disasters, any acts of God, and for any other reason
when so designated by the Township Council and/or Chief of Police
or their duly authorized representatives. During such periods, which
are herein referred to as "standby service periods," the tower shall
be required to furnish adequate equipment and service to be held ready
to remove all types of vehicles. Standby service will begin when the
Chief of Police or his authorized designee calls the tower initially
and will end when he terminates the standby status by calling the
tower. The Township reserves the right, during any emergency, to designate
temporary areas owned or leased by the Township for the storage of
disabled vehicles in said area at the direction of the Chief of Police
or his designee.
A.
Removal. Vehicles shall be removed as follows:
(1)
Abandoned vehicles.
(a)
Abandoned vehicles, as defined in Title 39 of the New Jersey
Revised Statutes, shall be removed under the direction and supervision
of the Police Department on a twenty-four-hour-a-day basis. All calls
with respect thereto shall be answered within 30 minutes from the
time of notification under normal conditions, seven days a week, anywhere
within the Township limits, unless the Police Department determines
it is not a threat to a vehicle, traffic or persons and could be removed
during regular business hours. Abandoned vehicles shall be towed,
without charge to the Township, to the aforementioned storage area
and stored thereon for longer than 90 days without any charges or
liens accruing against the Township. Abandoned vehicles remaining
after 90 days may be removed from the secure area, provided that a
junk title has been applied for pursuant to the provisions of Title
39, said application to be by the tower.
(b)
The tower may be penalized $150 per day for each abandoned vehicle
not removed and towed within a reasonable amount of time after notification
by the Police Department, and that may be grounds for termination
of the contract.
(c)
The requirement to tow abandoned motor vehicles shall only apply
to public rights-of-way, easements, avenues, places, including public
parks and playgrounds, and all quasi-public areas. The owner of private
property shall be responsible for the removal of any unattended or
disabled vehicles in accordance with the provisions of N.J.S.A. 39:4-56.6
and shall employ a tower of his choice.
(d)
The Township retains the right to require that the abandoned
vehicle shall be towed to municipal property and to retain any monies
realized from the sale of such vehicles. Otherwise, it shall be the
responsibility of the tower to provide for the disposition of abandoned
vehicles and the issuance of junk motor vehicle titles in accordance
with the provisions of Title 39. The Township Police Department shall
assist in providing any information needed for the proper disposition
of such vehicles.
(2)
Vehicles not abandoned.
(a)
All vehicles involved in accidents, disablements, stolen vehicles,
vehicles involved in suspected crimes and the like shall be towed
and stored under the direction and supervision of the Police Department
24 hours a day, seven days a week. Vehicles shall be available for
release between the hours of 9:00 a.m. to 5:00 p.m., Monday through
Friday, and 9:00 a.m. to 12:00 noon, Saturdays and Sundays, except
legal holidays. Sunday hours are optional. However, no storage charge
for Sunday shall be assessed if a vehicle is picked upon on Monday.
The tower shall arrive at the scene of the accident within 30 minutes
under normal conditions after police notification. Repeated late arrivals
at the scene of accidents may result in the termination of the contract
as otherwise provided in this chapter.
(b)
In the event that the tower has been summoned by the Township
for purposes of towing a vehicle and the owner of the vehicle has
also summoned his own tower and said tower arrives on the scene prior
to the removal of the vehicle by the Township tower, then the owner
is entitled to remove his own vehicle at no cost or expense to the
owner or to the Township. There shall be no charge to the Township
for the tower appearing at the scene under said conditions.
(c)
The tower shall, at no cost to the Township, be responsible
for the changing of patrol car tires when disabled and the towing
of disabled police vehicles when required by the Police Department.
The tower shall, without charge to the Township, complete any inspections
at motor vehicles, including garage reports and fatal motor vehicle
accidents, as determined by the Police Department.
(3)
Storage. The tower shall store the abandoned and nonabandoned vehicles
in the storage area as required in this chapter. The vehicles shall
be stored until claimed by the owner or until auctioned by the Township
in compliance with state law or as otherwise to be disposed of pursuant
to state law. Vehicles to be removed shall be towed to the tower's
storage area or to Township property at the discretion of the Township
police.
A.
The tower shall indemnify and hold harmless the Township of Springfield
from any and all claims against the Township of Springfield arising
out of the operation of any towing services or garage services or
storage services or repair services under this chapter. Liability
insurance shall include contractual liability of $1,000,000 combined
single unit.
B.
The tower shall carry workers' compensation insurance in accordance
with the requirements of the New Jersey State law. The tower shall
also carry public liability and property damage and contingent liability
insurance to indemnify the Township of Springfield and the public
against any loss due to injuries, accidents or damages of any character
whatsoever, where any such damage is the result of any act or omission
of the tower, his agents or employees in or due to the execution of
the work called for under the contract and this chapter. Such policies
shall contain the provision that 30 days' notice of change or
cancellation be given to the Township by the insurance company. Public
liability insurance limits shall be at least $500,000 per accident
and be specifically endorsed to provide collision insurance for vehicles
in tow. In addition, the tower shall have coverage for contractual
liability and also name the Township as an additional insured. All
insurance required hereunder shall remain in full force and effect
for the period of the contract.
C.
The tower shall have appropriate bodily injury liability insurance
with $1,000,000 combined single limit.
D.
The tower shall have automobile bodily injury liability insurance
with limits of not less than $500,000 for each person and $1,000,000
for each accident and property damage liability insurance with a limit
of not less than $500,000 for each accident.
E.
The tower shall have garagekeepers' liability in an amount of
not less than $60,000 per location and garage liability in an amount
of not less than $1,000,000 combined single limit.
F.
Certificates of insurance showing that both the tower and the Township
of Springfield are named as additional insured, in conformance with
the above, shall be furnished to the Township purchasing agent, subject
to approval of the Township Solicitor, and filed with the Township
Clerk. The certificates of insurance shall be delivered to the Township
purchasing agent together with the executed contract.
A.
Generally.
(1)
Towing and storage charges and fees shall be in accordance with the
provisions of this chapter. The Township shall not be responsible
for the collection or payment of any charges for the towing or storage
of vehicles. The charges and fees and rates applicable to services
performed pursuant to this chapter shall be posted in a conspicuous
place visible to the public at the tower's storage area and shall
be posted on each and every vehicle. The tower shall prepare a bill
for charges pertaining to each vehicle and present the same to the
claimant of a vehicle. The bill shall be itemized in detail as to
the actual services rendered and shall contain a statement that the
claimant may complain with respect thereto to the Township. The Township
will not be responsible for charges due and owing from a claimant
of a vehicle, nor will it assist the tower in collecting such charges.
(2)
In the event the Township conducts an auction of unclaimed abandoned
vehicles pursuant to Title 39, the tower's bill for towing and
storage shall be an expense of possession and sale and shall be paid
from the proceeds of such auction. Each vehicle auctioned shall be
a separate item for purposes of this subsection. The title fee for
which the Township must pay the State of New Jersey for title certificates
shall be paid by the purchaser at the auction even if the tower is
the purchaser and shall be in addition to the bid price of each vehicle.
In the event the Township determines to utilize the provisions of
Title 39 with respect to unclaimed vehicles, the tower shall receive
no compensation for its services.
(3)
The fee for towing a vehicle shall include the service rendered from
the scene where the vehicle is located to the storage area and from
the storage area to the curbline of the property on which is located
the storage area. There shall be no additional charge for towing a
vehicle from the storage area to the curbline for the purpose of an
owner of a vehicle towing the vehicle to a service station or other
vehicle repair shop or the person's home or any location, unless
otherwise provided in this chapter. The charge for towing includes
any incidental and related costs, such as connecting and reconnecting
a transmission. There shall be no additional charges for any other
services, including but not limited to waiting time, cleanup costs
and additional labor when the towing services as defined herein are
provided, except as otherwise provided herein. The tower may charge
a fee for a vehicle lockout service, i.e., when a tower responds and
opens a locked vehicle when the owner/operator has locked the keys
in the vehicle or is otherwise unable to open the vehicle.
B.
Charges and fees. To be set forth by separate ordinance adopted by
Council.
C.
Specialized equipment. In cases where the tower must hire laborers
or rent or utilize specialized equipment not specified in this chapter,
all reasonable charges therefor shall be paid by the owner of the
vehicle, after the owner of the vehicle or his agent has given his
prior written consent thereto, except where said vehicle is deemed
a hazard to health or safety, whereupon said vehicle will be removed
at the direction of the Chief of Police or his designee, with the
owner then being responsible for all personnel, equipment and labor
costs. The necessity for specialized equipment shall be determined
by the Chief of Police or his designee.
D.
Unloading of goods. In the event that it is necessary to unload a
vehicle which has been used for transportation of goods prior to or
after towing, an agreement shall be reached between the tower and
the owner of the vehicle or the owner's agent or representative
as to the charge for said service. No written agreement is necessary
in an emergency situation, and the Chief of Police or his designee
shall determine when an emergency exists.
E.
The Chief of Police and the Township Manager, at their discretion,
shall determine from time to time the actual number of towing agencies
needed to perform the services for the Township.
If a tower is in violation of any of the terms of this chapter
or the contract, the Chief of Police shall notify the Council liaison,
and the Council liaison shall notify the tower in writing. If the
violation is not corrected within 48 hours of the receipt of said
written notice, the Council liaison, upon notification to the Chief
of Police, may revoke the contract or impose sanctions as set forth
below. Adequate grounds for a revocation of the contract or sanctions
shall include but not be limited to a violation of the terms of this
chapter, fraudulent or inaccurate application information, unsatisfactory
service or violation of the New Jersey statutes or regulations. The
tower has the right to appeal to the full Township Council within
10 days of the receipt of the Council liaison's written decision
and shall receive a hearing within 30 days of the receipt of the notice.
Upon conclusion of the hearing, the Township Council shall determine
whether to affirm, reverse or modify the Council liaison's decision.
Complaints of any kind relative to service, overcharging, theft of
parts, damage to towed or stored vehicles, discourteous treatment
and the like shall be referred to the Chief of Police for investigation
and recommendation to the Council liaison, if necessary. A first offense
for a violation of this chapter shall be removal from the list for
up to 30 days. A second offense violation shall be removal from the
Towing list for up to 180 days and a fine of $500. A third or subsequent
offense shall be removal from the tow list for the term of the contract
period. All such complaints, based on the severity of the complaint
and the Township Council's opinion, may be cause for termination
of the contract by the Township Council.
