The purpose for this chapter is to establish
regulations pertaining to the towing and storage of vehicles to the
City Tow Lot at the request of the City of Pleasantville Police Department
or any other City Department that has the legal authority to order
a vehicle to be towed. This chapter is established pursuant to N.J.S.A.40:48-2.9
and N.J.S.A. 40A:11-5(1)(u). This chapter also establishes regulations
for the towing of vehicles from private parking lots and other private
property at the request of the property owners and which vehicles
are then stored in storage facilities other than the City Tow Lot.
This City employee authorized to enforce the
regulations contained herein shall be the Chief of the Pleasantville
Police Department. The Chief is authorized to delegate this authority
to a subordinate officer(s) and is also authorized to promulgate procedures
and rules consistent with and necessary to the effectuate the provisions
of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
CITY
The City of Pleasantville.
LICENSED TOWING OPERATOR
A towing operator that has complied with all provisions of
this article and whose name appears on the list of licensed towing
operators maintained by the Clerk of the City of Pleasantville.
MOTOR VEHICLE ACCIDENT
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility or to
any other location. This shall include occurrences of vandalism, fire,
comprehensive claims and accidents caused by drunk drivers.
OPERATOR
Any person who is in actual physical control of an automobile,
truck or motor vehicle.
ROTARY LIST
The list containing the names, addresses, phone numbers,
and other pertinent information of the licensed towing operators who
have made application and been approved to tow the vehicles at the
direction of the City of Pleasantville Police Department and/or other
authorized City representative.
[Amended 7-7-2014 by Ord. No. 14-2014]
TOWING SERVICES and/or TOWING
The providing of transportation of automobiles, trucks or
motor vehicles that, as a result of accident, collision, breakdown,
abandonment or otherwise, are unable to be moved under their own power.
TOW TRUCK
A motor vehicle specifically designed, constructed, used
or maintained for the safe transportation of automobiles, trucks or
motor vehicles.
TOWING OPERATOR
Any towing firm, individual or company who is in the business
of towing vehicles from public or private property in an agreement
or contract with the owner or operator of a private lot, facility
or property. This definition includes towers who tow vehicles at the
request of the vehicle’s owner, such as a service station, garage
or other like tower.
VEHICLE
Any motorized vehicle which can only be operated by a licensed
operator or which must be registered with a governmental agency that
promulgates regulations for such vehicles.
Mercantile license fees shall be as follows:
A. Licensed towing company/operator: $75. (This fee is
subject to change by resolution of City Council).
Fees and charges for towing, storage and mileage
for all vehicles are as follows:
A. If the vehicle has not been lifted prior to the owner’s
return to the private parking lot, whether it is hooked up or not,
it is to be released by the tower at no charge.
B. If the vehicle has been lifted but not removed from
the private lot prior to the owner’s return to the lot, a fee
of not more than 20% of the authorized towing service fee, as indicated
on the warning signs for the lot, may be imposed for the release of
said vehicle.
C. Any vehicle which has been towed from the private
parking lot, regardless of how far, before the owner’s arrival
may be assessed the full amount of the authorized towing fee.
D. Maximum fee.
[Amended 2-18-2009 by Ord. No. 1-2009; 5-5-2014 by Ord. No. 9-2014]
(1) The maximum fee which can be charged for the towing
of any vehicle from off of private property and the City rotary towing
list shall be as follows:
|
Service
|
Maximum Fee
|
---|
|
Towing of all vehicles under 6,000 pounds with
trailer GVW
|
$125
|
|
Towing of all vehicles weighing over 6,001 pounds
up to 9,999 pounds GVW
|
$135
|
|
Towing of all vehicles weighing over 10,000
pounds up to 32,000 pounds GVW
|
$250
|
|
Towing of all vehicles weighing over 32,001
pounds and up
|
Shall be billed at reasonable prevailing rates
|
|
Winching of vehicles
|
$100
|
|
Uprighting of vehicles
|
$100
|
|
Excessive cleanup
|
$35
|
|
Additional truck with driver (This fee shall
only apply if the vehicle requires more than one tow operator to tow
that specific vehicle.)
|
$50
|
|
Service calls during regular business hours,
8:00 a.m. to 5:00 p.m.
|
$25
|
|
Service calls after hours, Sundays and Holidays
|
$40
|
|
Service calls for flat tire, remove tire and
replace with serviceable spare tire, add to above rate
|
$15
|
|
Vehicle storage, inside or outside, per day
|
$50
|
|
Flat bed or dollies
|
$50
|
(2) Vehicles will be released during normal business hours
only.
E. Payment of fees and charges provided in this immediate
section may be made in cash or by major credit card.
F. Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Added 2-18-2009 by Ord. No. 1-2009]
STANDARD CLEANUP
Any cleanup that includes the use of oil dry, cleanup of
glass and/or car/vehicle parts that are in the accident/crash area,
including point of impact. Any cleanup that does not fall within these
parameters shall be considered an excessive cleanup.
WINCHING OF VEHICLE
This service fee does not apply if the vehicle has to be
pulled onto the flatbed during a normal tow. This will apply if it
is used to but not limited to pulling a vehicle out of a ditch, etc.
[Amended 7-7-2014 by Ord. No. 14-2014]
The City of Pleasantville does not possess a
City-owned tow lot. The licensed towing operator shall store the vehicle
at their motor vehicle facility and compound. The City of Pleasantville
Police Department shall keep a record of all vehicles towed at its
direction and the location of the vehicle towed.
Towing operators licensed pursuant to this article
agree to provide the following towing services to the City of Pleasantville
in the following manner:
A. The towing of passenger automobiles, trucks and motor
vehicles from accident scenes, including cleaning and removal of debris
from the scene of the accident, as well as any necessary waiting time.
B. The provision of winching services and dolly-wheel
services at scenes of accidents.
C. The provision of a flatbed truck for vehicles that
cannot be towed in an ordinary fashion.
D. The towing and impounding for police investigation
purposes of any passenger automobile, truck or motor vehicle at the
direction of the Chief of Police.
E. The towing of any automobiles, trucks or motor vehicles
that are recovered after being stolen.
F. The licensed towing operator shall make available
for service to the City of Pleasantville at least two trucks having
two-way communication equipment on a twenty-four-hour call.
G. The licensed towing operator shall provide tow trucks
capable of handling the transporting of heavy passenger automobiles
and equipped to provide appropriate towing service and road service.
H. Licensed towing operators shall equip their tow trucks
to provide the following.
(1) Mechanic’s tools to perform complete emergency
work.
(2) Towing and safety equipment.
(3) Warning devices, such as lights, flares and flags,
to warn other motor vehicle operators of the presence of a disabled
or parked vehicle.
I. The tow trucks provided by the licensed towing operator
shall comply at all times with the statutes and regulations of the
State of New Jersey and be subject to inspection by the Chief of Police
of the City of Pleasantville.
J. The storage of any abandoned, wrecked or disabled
passenger automobile, truck or any motor vehicle that might be towed
by the towing operator pursuant to this article.
[Added 2-18-2009 by Ord. No. 1-2009]
K. The licensed towing operator agrees that no rate or
fees for towing service, road service or any other service shall be
charged in excess of the maximum rates and fees set forth hereinafter
in this article.
[Added 2-18-2009 by Ord. No. 1-2009]
When a violation of Article
I or
II occurs, the violator may be fined and/or have his mercantile license suspended or revoked, according to the penalties set forth in this article and his/her name may be removed from the rotary list.
A. For the purpose of determining suspension or revocation
of the mercantile license of any tower, the City Council shall hear
all such cases upon recommendation of the administrator. The administrator
shall be responsible for the notification of the tower of such recommendation
and notice of charges against him. The tower shall be afforded an
opportunity to be heard before the City Council and to respond to
all charges before the decision of the City Council is made.
B. Failure of any person, company, corporation or organization
to comply with the requirements of this article shall, upon conviction,
be punished by a fine of not less than $100 nor more than $1,000,
imprisonment for a term not exceeding 90 days and/or a period of community
service not exceeding 90 days. Each day’s failure to comply
with these provisions shall constitute a separate violation.